WEDNESDAY the 15th, THURSDAY the 16th, FRIDAY the 17th, and SATURDAY the 18th of October.
In the 14th Year of His MAJESTY'S Reign.
Eighth SESSIONS in the MAYORALTY
LORD-MAYOR of the CITY of LONDON.
Printed, and Sold by T. COOPER, at the Globe in Pater-Noster-Row .
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir JOHN SALTER , Knight, Lord Mayor of the City of London, the Right Honourable the Lord Chief Justice LEE , the Right Honourable the Lord Chief Baron COMYN , Mr Justice WILLIAM FORTESCUE , Sir JOHN STRANGE , Knt. Recorder, Mr Serjeant URLIN, Deputy-Recorder, 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.
Nathanael Symson ,
434. + Susannah Kellow , of St Sepulchre's , was indicted for breaking and entering the House of Charles Brooks , no Person being therein, and stealing 5 brass Candlesticks, a Pestle and Mortar, and a copper Coffee-Pot, the Goods of Charles Brooks , Sept. 25 .
Charles Brooks. I live in Green-Arbour-Court , in the Little Old-Bailey . The Prisoner had been a Lodger in my House about a Fortnight before the Fact was committed . On the 25th of September I went out to work in the Morning at 6 o'Clock; I returned between 6 and 7 at Night, and was told I was robb'd. I advertised the Things I lost, and the next Morning the Prisoner, and part of my Goods, were brought me by a Pawnbroker to whom she had offered them. The rest I fetch'd, by the Prisoner's Directions, from another Pawnbroker.
Ann Brooks . I went out between 6 and 7 o'clock that Morning, and left the Prisoner and another Lodger in the House. I double lock'd the Door, and came Home at 7 in the Evening, then the Key turn'd but once, and the Door flew open. Upon looking into the Kitchen, I found I was robb'd of the Things mentioned in the Indictment: I charged the Prisoner with taking them, but she said she was not guilty of it; so I advertised them, and she was stopped with some of the Goods, and brought to our House. The rest she owned she had pawn'd to a Man in Wych-street .
Jonathan Gladman. I keep the Anchor-Alehouse in White-Friars . On the 27th of September the Prisoner came into my House, and said, we need not thank her for her Custom, for the Rain had sent her there; she went into the Kitchen, and called for a Pint of Beer, and afterwards asked if we could dress her a Pigeon, which we did; soon after she went away. She had not been gone three Minutes but I miss'd a Quart Silver Tankard, which stood on a Table Bedstead in the Place where she was sitting. She had laid her Cloak and Stick down by it, and I am positive that I saw it while she was there. The Prisoner had enquired the Way to Charing-Cross, and my Wife directed her to go
Prisoner. There was a Man in the Kitchen that sells Stockings about the Streets, and several other People, and they might take it as well as I.
Gladman. I saw it there after he was gone, and there was nobody else in the Room, but a young Woman, who is a Lodger, and was called down to the Prisoner, because she said she wanted a Servant.
Francis Trigg . I was at Dinner in the Fore-Room, when Mrs Gladman came to the Door with the Prisoner, to shew her the Way to Charing Cross. I saw her then, and am positive she is the same Person. I met her in the Street the Tuesday following, and took her. She said when I stopped her, that she was not the Woman, and that she knew not the House.
Elizabeth Davis . I lodge in the House, Mr Gladman called me down to the Prisoner, who said she wanted a Servant. My Sister, who was out of Place, was not then at home, and the Prisoner promised to call again the next Day. There was nobody in the Room while I was there but the Prisoner, Mrs Gladman , and I; the Stocking-Man was gone before I came down Stairs, and then I saw 2 Tankards in the Kitchen.
Prisoner. The Woman of the House stood talking with me a great while at the Door, before I went away; and while I was in the Kitchen, there were several People there. When this Man stopped me, I was going there again, and I said, I knew nothing at all of the Tankard. Guilty , Death .
436. Ann Hudson , of St Paul Shadwell , was indicted for stealing 1 Pair of linnen Sheets, val. 12 d. and other Things of small value, the Goods of Hannah Miles , Widow, and 3 linnen Shirts , the Goods of John Miles , October 9th . Guilty .
437. Edward Trevor , of St Margaret's Westminster , was indicted for stealing 60 lb. weight of Lead, fix'd to a Freehold belonging to the Reverend Father in God, Joseph Lord Bishop of Rochester , Dean of St Peter's Westminster ; and Edmund Lord Bishop of London , Dean of the Chapel-Royal . August 31 .
James Falconer . I am a Watchman. About 4 o'clock on Sunday Morning, the 31st of August, I met the Prisoner, with something on his Shoulder. I asked him what he had got, he said, only a Stone or 2; I felt, and found it was Lead; I asked him, How he came by it, he told me, a Friend had given it him to carry. I took him to the Constable's, and there he confessed, that he, and one Brown, took it from the Alms-houses near the Blue-Coat School.
Gabriel Pilkington . On Sunday Morning, the last Day of August, the Watchman (Falconer) brought the Prisoner to me, and charged me with him. I desired him to confess who was with him, when he took the Lead. He said that one Brown, and one Ford, took the Lead from the Alms-houses, rolled it up, and carried it behind the School; that one of them gave him this Lead, and bid him go forward with it. I carried the Prisoner to the Gate-house, and went to look for the other 2 Men; but we never could take them: There had been Lead stole from the Alms-houses, and some of this Lead match'd with the Place; but he never would tell us where the other came from.
Mr Ilsley. I know the Alms-houses to be the Property of the Dean of Westminster, and the Dean of the Chapel-Royal, during the Time of their being Deans; it is an Estate of 52 l. a Year, Fee-Farm, which was left by Will in the Year 1682; and the Alms-houses were left under their Direction, but the Will is not here. Acquitted .
438. + George Coates , of St James Westminster , was indicted for stealing a Silver Castor, val. 14 s. 2 Cloth Coats, val. 3 l. 1 Callimancoe Waistcoat with Silver Buttons, val. 3 l. a Holland Shirt, val. 2s. and a Silk Handkerchief, val. 6d. the Goods of Charles Steward , in his Dwelling-House , September 29th.
Charles Steward. On Michaelmas Day, between 2 and 3 o'Clock in the Afternoon, I was sitting in my Kitchen, and heard the Hatch make a Noise; I went to the Door, and saw the Prisoner turning up the Street, with something in his Apron; I stepped into the Parlour, to see if I had lost any thing, and came out again immediately, and ran after the Prisoner: Coming into the next Street, I got Sight of him; he turned under a Gateway, and some Neighbours went before him, stopped him, and found the Cloaths upon him. When I came up to him, I asked him, how he came by them; he said, a Gentleman had given them to him to scower; but there was no body at all on that Side of the
John Thomson . I met the Prosecutor in Albermarle-Street , almost out of Breath; he told me he was robb'd, I pursued the Prisoner, and took him. We carried him before a Justice, he was there searched, and the Castor we found concealed between his Breeches and his Skin.
Prisoner. I was coming along, and a Man said, my Lad, I will give you a Shilling to carry these Things to the Haymarket; and I was going with them: but he is not here, nor any Body that saw him give them to me. Guilty 39 s.
439. William Webster , of Stepney , was indicted for stealing 2 Holland Aprons, value 2 s. a Muslin Handkerchief, val. 6 d. and a Muslin Turnover , the Goods of Richard Smith , September 26 . Guilty .
William Phillips. I live in Craven-Buildings: On the 29th of September, about 6 or 7 o'clock, I was shutting up my Shop, and saw a Man take a Piece of linnen Cloth off the Counter; a Gentlewoman, coming by, told me which Way he ran; I pursued him, and he was taken in Wych-street; I believe him to be the Person, for he had the same coat on then, as he has now. The cloth was dropped within 20 Yards of the Place where he was taken.
Elias Smith . I was standing at my Master's Door, and heard a cry of Stop Thief; the Prisoner ran by, I ran after him, and stopped him. When I took him, he said he was not the Man, and knew nothing at all of the Matter. I found nothing upon him.
Theophilus Swift . On the 16th of September , about eleven at Night, as I was coming through St Paul's Church-Yard , I was insulted, or assaulted, by the Prisoner and another; he jostled me almost down, and before I could recover myself, he got hold of my Watch, and drew it out. I felt it go, and I immediately cry'd out; the Villain has stole my Watch; I had a Friend with me, who pursued the Prisoner up Cannon-Alley, into Queen's Head-Alley; he fell down, we seized him, and saw the Watch lying within a Yard of him. I am sure the Prisoner is the Man; he never was out of my Sight 'till he was taken.
Prisoner. Ask him, whether he was sober at this time?
Swift . I was; that declares itself, otherwise I could not have missed the Watch so soon.
Prisoner. Ask him, if he did not say, he could not tell which of the Men took his Watch?
Swift . No, I always said he was the Person; I saw his Hand go down to my Pocket, and when he drew it out, I felt him.
Prisoner. By what Circumstances is he sure that I am the Man?
Swift . The Man that put his Hand down to my Pocket, was the Person I pursued.
Thomas Thompson . I was with the Prosecutor when this happened, and saw the 2 Men come along; I gave Way to them: The Prisoner ran against Swift, and he immediately said, the Villain is gone with my Watch; I followed him through an Alley, and half Way up another, he fell over two or three Steps, and then I laid hold on him; he cry'd out he was robbed of his Hat and Wig, which were lost in the Fall; the Watch was found lying not a Yard and half from the Prisoner. I am sure the Man that came up to the Prosecutor is the same Person I took; for there was nobody between him and me all the Pursuit.
Prisoner. Ask him whether it is probable that I could throw the Watch away, when he followed me so close?
Thompson. By the Force of the Fall, the Watch might fly out of his Hand.
Defence . I was going through the Yard, in my Way home, and saw the Prosecutor, and that Gentleman together; a Person came up, and jostled Mr. Swift , and ran away; I ran after him up this Alley, and in the Pursuit I fell down, and they came and took me.
Thomas Cutler . He used to come down to the Gate-house to write for the Keeper, and has been honest to us. I can't say I have never heard a bad character of him; but I know no ill of him, of my own Knowledge. Guilty Felony.
442. + William Meers , of the Parish of Ed. monton , was indicted for breaking and entring the House of William Finch, about 11 o'clock at Night, and stealing 4 Pewter Dishes, 9 Pewter Plates, a Pestle and Mortar, a brass Warming-Pan, 1 Pair of Brass Scales, 3 Silver Tea-Spoons, 1 Silver Boat, and a Brass Pot-lid , the Goods of William Finch , October 7 .
William Finch. I live at Southgate : On the 7th of this Month I went to Bed at 9 o'clock, and I am sure every Thing was then safe: I got up in the Morning at 5 o'clock, and found the Wall of my House broke under the Dresser in the Kitchen, and my Goods taken away. I took the Prisoner on Suspicion, because he had been acquainted with my House.
Thomas Seabrooke . The Prisoner, and I, and one Coates, went from London on Monday 7-night, with a Design to rob Mr. Hart's House; but being disappointed there, we went to Mr. Finch's at next Door. The Wall of the House had been broken before, and some Boards nail'd over it: We broke them down, I went into the House, and handed the Goods out to the Prisoner, who stood at the Hole, packed them up, and brought them away. The next Morning the Prisoner, and Coates sold them to one Jonathan in Fleet Lane, for 14 s. 6 d. and divided the Money between us.
John Hart . On the 8th of this Month, Mr Finch told me, he had been robb'd, and that the Prisoner, and another had been seen in his Yard, at 10 o'clock that Night. I went to several Places, and at last found him in an empty House in Maiden head-Court, in Aldersgate-Street: we took him to the Watch-House, and there he deny'd it. The next Morning after this, the Evidence Scabrooke sent for me, and told me, he would make an open Confession; when the Prisoner heard of this, he desired to be admitted an Evidence himself, and did confess this very Robbery, in the same Manner as Sea-brooke has mentioned.
Prisoner. This Man asked me to be an Evidence; I told him, I knew nothing at all of the Matter, so he went and got that Lad, and made him one. My Aunt promised to appear for me; but I believe she is not here now. Please to enquire into this Fellow's Character. Guilty , Death .
* This Woman kept the Bagnio in Oxendon-Street , when George Hawkins (Coachman to William Pawlett , Esq;) was murdered there on the 29th of March last: Her Husband Marmaduke Bignell , and his Man Richard Ford , were transported for robbing Thomas Jones , in the said House, on the 24th of February last. See their Trials, No. 159, 160.
Hollrina. On Michaelmas Day I was going up Drury Lane , between 11 and 12 at Night, the Prisoner came up to me, clapp'd me on the Shoulder, and asked me how I did? D - n you, said I, Stand off; She came up again, and put her Hands over my Shoulder, and got hold of the String of my Watch, took it out, and ran away; immediately my Hat and Wig were snatch'd off, I did not mind that, but pursued the Prisoner, and she was taken by 2 Watchmen, who came to my Assistance. I am sure she is the Woman for I never lost Sight of her, but kept within 2 or 3 Yards of her all the Time, till she was taken. I have not had my Watch again.
John String fellow, Watchman. I was standing at the End of White-Horse-Yard, and saw the Woman run out of Clare-Court, toward Wych-Street, and the Man after her; he called Watch, I immediately pursued her, and took her, and when the Prosecutor came up, he charged me with her; She is the same Woman that I saw the Prosecutor pursue, and a good Pair of Heels she has; I believe she would make shift to run 20 Miles before I could run 15. She denied she had the Watch before the Justice, but she was not searched.
Prisoner. Ask him whether I did not go with him readily?
Edward Duran . I was at my Stand, and hearing a Noise, went to see what it was, and saw this Woman running; my Brother Watchman stopped her, and I don't remember that she desired to be searched. When she was taken, she called me an hundred Irish Dogs, but I don't mind that, tho' I am an Englishman. The Prosecutor had no Hat on.
Prisoner. He stopped me in a clandestine Manner, I cry'd out Murder, and the Watch came and carried me to the Round-House, and he said, he was robbed of his Watch and Hat; I offered to strip from Top to Toe, but they would not let me. Guilty .
David Adderson . The Prisoner rented a ready furnish'd Lodging of me, and had lived with me about a Month. I happened to go into the Room, and missed my Goods. I desired her to tell me, where my Goods were; but she would not, because it would bring (she said) some People into Trouble. I fetch'd a Constable, and carried her before Justice Poulson , and then she owned where they were. We found 2 Sheets at Mrs Hall's, and a Blanket at Mr Eyre's , according to her Directions. She said she did it for Want; but I don't remember that she said, she designed to bring them again.
Prisoner. I told the Prosecutor's Wife, that I would find out where they were; for I did not do it with Intent to defraud any body, but would have put them in the Place again.
Adderson. I believe her to be very honest before this. I had known her before, so enquired no Character of her when she came to my House. Acquitted .
Smith. I lost 15 s. 6 d. out of my Trunk. The Prisoner had lodg'd with me all the Summer. I went out in the Morning, the 1st of September, and left him a-bed; and when I came home, my Trunk was broke open, and my Money gone. The Prisoner was taken the 26th, and confessed the Fact before Justice Frazier, but would not sign any Confession. I saw it in the Trunk, and told it before I went out that Morning.
Benjamin Brian . The Prosecutor and this Boy lodg'd in my House. Upon Smith's telling me that he had lost his Money, I went after the Prisoner to several Places, and at last found him on Walham Green : He owned he took the Money, and begg'd Pardon, and said, he was willing to work it out. I never knew him guilty or any Thing like this before . Guilty .
Bezer Blundell. I was going along Russel street the 3d of October, and the Prisoner came to me, and desired me to go along with her, and treat her: I told her I had but one Halfpenny, but I went with her to one Gerrard's, in Windsor-Court, Drury-Lane ; I went up Stairs with her, and there she took my Watch; she took it by main Force, and broke the Ribbon in pulling it out: I made some Resistance, but she swore, if I would not let it go, she would break it to Pieces. When she had taken it, she went down Stairs, but none of the People of the House offered to stop her. After I had taken her, and she was in Prison, I went to her to get my Watch, some of her Friends came to me, and said, if I would sign a Note of 10 l. they would tell me where I might find it; this done, they told me it was wrapped up in a Piece of white Paper, in the Cellar. I should not have prosecuted, but that I found afterwards that I was bound in a Recognizance of 40 l.
Prisoner. He came to me, and offered me 5 l. to tell him where it was, and said, I was very like the Woman who took it.
Blundell. I did tell her, I would not appear against her, if she would tell me where it was: there was no Indecency passed between us, and I had very little Conversation with her, for I had not been with her above five Minutes, before she took my Watch.
Prisoner. I never saw the Man in all my Life, till he came to the Goal, and offered me 5l. to tell him of any Body that had got his Watch; I have had my Friends here these 4 or 5 Days, but they are gone now. Guilty .
* He was an Accomplice with, and Evidence against, John Wicks , try'd last February Sessions on Two Indictments for Burglary and Felony; the one for breaking into and robbing Mr Lane's House at Hackney; the other for breaking into and robbing Mr Crane's House at Bow. See his Trial, No. 161.
John Stephens , of St Paul Covent-Garden , was indicted for stealing a Haunch of Venison, 1 piece of Beef, a Spring of Pork, 6 brass Cocks, and a Cheese , the Goods of John Smith , Sept. 8 .
John Smith. I keep a Publick-house : On the 7th of September, about one or two in the Morning, my Cellar was broke open, and I lost the Goods mentioned in the Indictment: The Prisoner was taken with them upon him, and before the Justice he said, he found them among the Trees at Covent-Garden.
Thomas Moore . I took the Prisoner that Night, on Suspicion of stealing these Things: I asked him how he came by them, and he said, he found them, and was going about his Master's Business; but he would not tell who his Master was, and at my Peril I might touch him. Guilty .
449. + Eleanor Mumpman , of St John Wapping , was indicted for breaking and entering the House of Peter Rode, about the Hour of 12 in the Night, and stealing 2 Silver Spo ons, 3 Silver Tea-Spoons, 5 Knives, 5 Forks, 6 Pewter Plates, and 2 Pewter Dishes , the Goods of Peter Rode , September 16 .
Peter Rode. On the 16th of September, I went to Bed, and cross-barr'd the Door. I got up again at 3 o'clock, and found 2 Bundles pack'd up ready to be carried off: I call'd my Wife, and opened the Bundles; the Goods which were in them are mine. I directly called Mr. Shumaker; we looked about, and could find nobody; at last we went to the little House, and saw that the little Seat had been broken; we opened the Boards with a Pick-Axe, and found the Prisoner hid in the Vault; with much ado we got her out: she said she came with 2 Men and a Boy, that they opened the Window and put the Boy in, and gave him Directions to open the Door, and that our Men getting up at 3 o'clock, disturbed them.
Frederick Shumaker . Mr Rode came that Morning to me, and said, he was near being robb'd; I went with him, and he shew'd me some Things; and a piece of Beef ty'd up with them, and several other Things: He told me the Vault had been broke open; we went down, and found the little Seat broke; I put my Head in, and could see nothing; but it smelt very strong. I went Home again, and between 8 and 9 Mr. Mason came to my House; I returned with him, and examined the Bundle again, which lay ready to be taken away. We got a Pick-Axe, opened the Vault, and saw the Prisoner stir, and then one would not take her out, and another would not; so I pull'd her out , and got her some Water. To bring her to herself , we gave her some Brandy, cut off her Cloaths , and put her into a Sack to clean her. She then owned, that there were 2 Men and a Boy, whom she knew not, with her, that they put the Boy in at the Window, and gave him Directions to open the Door to them.
Mr Mason. I went with Shumaker into the Kitchen, and saw these Things ty'd up ready to be gone; there was a piece of Beef in one Parcel, and Bread, Butter, Cheese, and all Manner of Things, and Candles with them. I went into the little House, and looked down with a candle, but saw nothing; I got a Pick-Axe, and opened it, and then we saw a Body; we pulled it out, and laid it on the gravel Walk; it seemed to be without Life or Motion; we got some pails of Water, and threw on it, when it moved, and we then perceived it to be a Woman: we got some Brandy for her, but we were obliged to force her Mouth open to make her take it, and then she came to herself. Some Neighbours came in, and cleaned her, and brought her to her Speech. The Prisoner had lived with me as a Servant about six Weeks, when I lived in this House. I left it in July, and have never spoken to her from that Time to this. She confessed before Justice Dennet, that 2 Men and a Boy were with her, that the Servants coming down at 3 o'clock surprized them, and the Men made out at the Door, and she went backwards; whence not being able to escape, she chose rather to perish in the Vault than be taken.
Joseph Taylor . Mrs. Rode came and told me, that there were some People in her Husband's House; I went there, and saw that the Seat in the little House had been broke; we took up a Board or two, and the Prisoner is the Person we pull'd out of the Vault: she said, that 2 Men and a Boy had been there with her, that the Boy was put in at the Window, and that Directions were given him to open the Door to them.
The Constable confirmed the above Evidence, with Respect to the Prisoner's Confession, and the Jury found her Guilty , Death .
Timothy Field , otherwise Fielding , was indicted for that he, on the 4th of July 1737, took to Wife Mary Walker , and that afterwards, viz. on the 14th of September last , in the Parish of St Martin Ludgate , he feloniously married Dorcas Rowe , his former Wife Mary being then in full Life .
Mary Walker. I was married to the Prisoner the 4th of July 1737; he lived about six Weeks with me, and then left me, and took my Things away with him: Here is a Certificate of the Marriage, but the Parson who wrote it is not here.
William Rogers . I went to take out the Certificate, and paid 6 s. and 1 d. for it. The Parson said he would swear to the Truth of his Register; I examined this Certificate with it, and it is a true Copy; I have had it in my Possession ever since.
It was read;
''These are to certify whom it may concern, ''that Timothy Field, of St James's Westminster, ''Vintner , Batchelor, and Mary Walker, of the ''same Parish, Spinster, were married in the Parish ''of St Bride's, according to the Form prescribed ''in the Book of Common-Prayer, as appears by ''the Register.
John Bentley . I was Guardian to this Woman, and had some of her Effects in my Hands; her Husband coming to demand them, I went to the Place where they were married to search the Books, and spoke with the Person who said he married them.
The first Marriage not being legally proved, [for the first being the lawful Wife can't be an Evidence against her Husband; and as there was neither the Clergyman who married them, nor any Person present at the Marriage, nor the Register, nor indeed so much as the Copy of the Register produced] the Prisoner was Acquitted .
452. + Mary Graves , otherwise Jenkins , of St Martin in the Fields , was indicted for privately stealing a Watch, with the outside and inside Case made of Silver, val. 4 l. a Silver Chain, val. 4 s. Half-a-Guinea, and 24 s. in Money, from the Person of Collin Frazier , August 17 .
Frazier. On the 7th of August, I and my Bed-fellow, John Williamson , were out till almost two o'clock in the Morning; I did not chuse to walk the Streets , so we went to the White Bear in Bow-street, and staid there till about six: When I came away the Prisoner was at the Door, and desired me to go Home with her; we stood arguing the Case a Quarter of an Hour, and then I went with her to her Lodging: she threw herself on the Bed, I lay down by her, and was asleep presently: I awaked about 12 o'clock, and found the Prisoner gone; I felt for my Watch, and that was gone, and my Money too; I went to open the Door, but found it lock'd, so that I was forced to break it open: I went down Stairs, and told the Landlady what had happened; she said she was sorry for it, and that she knew nothing of the Matter: I allowed her eight Days to produce the Woman; and when I had got her, I charged her with robbing me, and she said she was innocent, and had never seen me in her Life. I am positive I had my Watch and my Money when I went with the Prisoner into the House.
Prisoner. Are you sure I am the Woman?
Frazier. Yes, I am certainly sure of it.
Prisoner. I fancy you must be mistaken; pray don't take a false Oath: When you saw me in the Compter did you know me?
Frazier. Yes; and I said, that is the Woman who robb'd me.
Elizabeth Morris . I live in Russel-Street; the Prisoner was my Lodger: I did not see the Prosecutor come in with her, for I was a-bed, but he went out when I was at Dinner. He asked where the Woman was, and told me she had robb'd him, and I should suffer if I did not take her; she owed me 4 s. when she went away, and paid me not a Farthing.
Prisoner. I know nothing of what the Gentleman accuses me, and the Room was as common to every Body as it was to me; I have lost several Things out of it myself.
Morris. She had a Key to the Door, and might refuse any Body's coming in.
453. + George May * was indicted for stealing 4 Moidores, 5 Thirty-six Shilling pieces, 20 Guineas, and 44 s. and 6 d. in Money, the Money of William Silver , in the Dwelling-House of Nathanael Bishop , Nov. 3. 1736 .
* See Last January Sessions-Book, No. 125.
William Silver was called and sworn.
Couns. Go to the Bar, and see if you know that Man.
Silver. That is the Man: He met me by Milford-Lane, and gave me a Bobb on the Shoulder; I turn'd to see who it was, O, says he, I beg your Pardon. I thought it had been somebody else; but I can hardly believe my Eyes: Pray, What Countryman are you? I told him I was Berkshire; Why, says he, I came from High-Wicomb myself: Pray, Who do you know there? Said I, I know Mr. Bracken, O , said he, I know him very well, he was the last Person I drank with, may , the last Person I spoke to: What Part of Berkshire? I came (said I) from Walgrove ; Did you, said he? I want to send a Letter to a Person in your Parish, who had a Debt owing him from one in Town who paid him but 2 s. and 6 d. in the Pound, and is now in such Circumstances, that I believe I can get him the remainder; and if you will carry it, I will give you half a Pint of Wine; so we went into the Feathers-Tavern, he asked me if I would not smoak half a Pipe with him, I said, I did not care if I did; and as we were lighting our Pipes, he stooped down, and took up a Paper; he then said somebody had had very bad Luck, and wished the Owner had it; Don't carry it away, said I, but leave it at the Bar; then, said he, I'll pawn it for a Pint of Wine. In a little Time another Man came, and peeped in at the Door: the Prisoner asked him what he meant by coming into a private Room; I ask Pardon, said he, but I had the Misfortune to drop a Paper here just now; What is it, says the Prisoner? It is a Receipt for 200 l. Why, says the Prisoner, I was just going to mortgage it at the Bar for a Pint of Wine; the other Man immediately threw down a Shilling for it, and was going away, but the Prisoner stopped him, and said, he should take Part of the Wine; on his Persuasion he sat down. He said he had been at a Cock Match, that the Landlord of the House told him one particular Cock was better than such a one, and persuaded him to lay a Wager on it's Head, which he did, and lost; but the Landlord was his Friend, and laid down the Money for him. Before we had drank the Wine out, the Stranger turned himself about, and took a pack of Cards out of the Window, and he and the Prisoner sell to shewing Tricks with them; the other Man pulled a Card out of the middle, and said, Now I will tell you what that Card is before I see it, and I'll lay you a 100 l. that I tell any Card in the Pack; the Prisoner thereupon fetched 20 l. and told it down on the Table, and called me out, and desired me to lend him some Money to make his up; There will be no Damage, (said he) only tender it down, and keep it in your own Hand; for I may as well win the Fool's Money as another. I told him I had not above a Shilling in my Pocket; he asked me if I could not borrow some to lend him, I told him, No; but he over-persuaded me, and I went to one Davis's, where I got 25 l. 12 s. and 6 d. and to Mr Ford's, and had 30 l. Coming back he desired me to go in at Bishop's, at the Fleece below St Paul's, that we might tell the Money, and see how much was wanting to make it up 80 l. There were 10 l. wanting, which he said he could borrow of a Friend just by; he put his Money into my Bag with that which I had borrowed, and I put it on the Table by me. I happened to turn my Head, and in that Time he changed my Bag for another like it, and left me under pretence of going to get the Remainder of the Money. I waited some Time, and he not returning, I examined the Bag, and found in it only Half-a-crown's-worth of Halfpence, and some pieces of Lead.
Couns. Who was to have the Bag, before the Wager was laid?
Silver. I was to keep the Money, and had it in my possession till it was taken away. When he had put his Money into my Bag, I put it on the Table before me, and I am sure there was nobody else in the Room, but the Maid, who brought in a Pint of Beer.
Couns. What became of the Stranger?
Silver. We left him at the Feathers, while we went for the Money. I never saw him afterwards.
Couns. Was you to have any Part of this Wager?
Silver. No: The Wager was between the Prisoner and the Stranger, I had nothing at all to do with it.
Couns. On your Oath, Was your Money ever in the Prisoner's Custody?
Silver. Not, till it was taken away by him.
Prisoner's Q. How came you to borrow Money for a Person you knew nothing of? Suppose the Stranger had won, Who was to have had the Money?
Couns. What was the Prisoner's Money, Gold or Silver?
Silver. There was some Gold, and some Silver, but I can't say what Pieces they were. His Money and mine were mixed, and told together.
The Counsel for the Prisoner, here made an Objection in Point of Law. That as the Money was borrowed to serve the Prisoner, and as the Prosecutor depended upon him for the Re-payment of it, this Fact could not be deem'd Felony.
In Answer to which it was urged, by the Counsel for the Prosecution; That this was one of the worst Sort of Felonies, and a Case in which the Publick are greatly concern'd: That this Money never having been lent to the Prisoner, nor was to have been entrusted in his custody, it must be deem'd a felonious taking. That a Person having taken a Ring off his Finger, at the Request of another, for him to see it, his going off with it had been adjudged Felony.
The Court were of Opinion this Indictment was not well laid; but the Prisoner was ordered to remain in custody, unless he could find sufficient Sureties to appear, to take his Trial for the Fraud. Acquitted .
454. + Cane Savage , of St James Clerkenwell , was indicted for breaking and entring the House of Elizabeth Quant , between the Hours of 3 and 4 in the Afternoon, no Person being therein, and stealing 6 Guineas , the Money of Elizabeth Quant , October 4 .
Elizabeth Quant. I live in Compton street, Wood's-Close . The Prisoner and his Father are Button-makers , and being poor, I gave them leave to work and lie in my Yard. I went out the 4th of this Month, and locked them into the Yard; and when I came home, I found that my Trunk had been opened, and my Money was gone. I took up the Prisoner and his Father, but the Boy took it all on himself. He confessed before the Justice, that he had taken 6 Guineas, and that he fell asleep on a Bench in Cold-Bath-Fields, and had 3 Guineas and an Half pick'd out of his Pocket, the rest he lost in tossing up. He was asked how he got at it, and said that he got in at the Window, and took my Keys to open the Trunk.
James Pond . I was present before the Justice, when the Boy confessed he took the Money. He said that he got in at the Window, took the Keys, and got 6 Guineas out of the Trunk; that he tossed up and lost some, and the rest was pick'd out of his Pocket while he was a-sleep. I saw him in Cold Bath-Fields, he owned that he had 3 Guineas and an Half in his Pocket when he saw me there, and that very Night they were stole from him.
Prisoner. I never took a Farthing out of her Trunk in my Life.
John Savage , the Prisoner's Father. The Boy had the Misfortune to hurt his Arm, and after that he never was locked up. He did own it before the Justice, but they brought him in crying, and he told them he would say any thing.
Mrs Quant being asked whether there was not somebody lodg'd in the House, said there were Lodgers in the Garret, and another Chamber. Guilty Felony only .
457. + Roger Walgrove of St Ann's Middlesex , was indicted for breaking and entring the House of William Drake, about 12 in the Forenoon, no Person being therein, and stealing a Brass Pottage Pot, val. 10 s. a Drugget Coat, val. 10 s. the Goods of John Evans , and a Linnen Sheet, val. 1 s. and a Brass Cock, val. 2 s. the Goods of William Drake , Sept. 13 .
Ann Shippery . I went down to the House, and found the Bar of the Window down, and that the Window had been open'd. It is in a little Frame, and was put up only to give Light to the Kitchen. The Yard of the House, where the Prisoner lives, is next but one to this Woman's House; so I went to ask him about it, and he hid himself; but we took him before the Justices at White-Chapel, where he own'd he took the Pot, and said, that a flung a String round it, and haul'd it out.
Daniel Jones . I happen'd to be standing in Mr. Harris's Shop, between 6 and 7 in the Morning, and saw the Prisoner tying a Pot up in a Sack, I asked him what he was going to do with it? he said, he was going with it to Moorfields. Mr. Harris stepp'd up to him, and said, he believed it was stole. He brought the Pot over to Mr. Watts's; but the Prisoner ran away. He was taken again, and before the Justice he owned, that he took it out of the House,
Prisoner. They lay Things to my charge which I know nothing of: I broke no Locks, and the Window was down.
Edward Walker. Last Thursday Night, a little after 6, a Fellow came into my Shop, and asked for Thread; while y Girl was turned about to serve him, he snatch'd these Things off the Counter, and made off, I pursued, and took him directly.
William Gale . Last Thursday Night, I saw a Man run by me in a White cap'd-coat, and a Black Wig; I was going to follow him, he ran about 2 Doors, and then hustled out a Coat and a Hat, and I took it up: There was a Dray standing on the same Side of the Way, which hinder'd him from running much further before he was stopped. I did not see him taken, therefore can't be positive that the Prisoner is the Man that ran past me; but he is the Person who was taken.
John Boddington . I was coming along St Ann's Lane, and hearing a cry of Stop Thief, I seiz'd the Prisoner: When I took hold of him, he said, G - d d - n me, nothing vexes me so much, as being taken by such a little Animal as you. I did not see him drop any Thing; but he had a a White-cap'd Coat on, and there was a Dray in the Way when I took him.
Mary Anne Robottom . I was sitting behind the Counter, and a Man came in, and ask'd for blue Thread; I had seen him lurking about the Shop, so I told him I had none; he said, give me any colour, and while I was turned about to serve him, he snatched the Coat and Hat off the counter; I ran out, and cry'd Stop Thief! and the Prisoner was brought back.
Prisoner. Ask her if I took the Coat and Hat?
Robottom. No; but I have seen the Prisoner in company with the Man that took them. The Man who took them had a Grey coat and a Leather Apron on.
Defence. Mary Wilson . Last Thursday Evening the Prisoner was at my House between 5 and 6 o'clock, and in half an Hour after he was gone, he sent me word that he was taken up. I went to the Prosecutor's to enquire about it, and his Wife said, that he did not take it; but it was taken by a Man in a Grey coat, and a Leather Apron. The Prisoner is a very honest, just, upright Man.
Thomas Season . I live at the Bell, at Cherry-Garden Stairs, Rotherhith . On the 29th of September , a Person came to my House, and asked me if I had not lost some Spoons, I told him I had lost a great Spoon, and 2 Tea-Spoons; he said there was a Woman stopped with some, on St Dunstan's Hill, and he believed they belonged to me. I went to the Prisoner in the Compter , and she said
Thomas Richards . I saw the Prisoner go by St Dunstan's Church, and the Spoons hung out of her Pocket; I asked her whose they were, she told me she had them on the other Side of the Water, and was going into Rosemary-Lane with them; but I stopped her, and took them from her.
Prisoner. I go about the Streets to pick up Rags, and I found these Spoons thrown out of Doors. Guilty .
462. + Mary Evans , of St John the Evangelist , was indicted for stealing a Sattin Gown, value 20 s. a Woman's Cloak, value 5 s. a linnen Sheet, and other Things, and a Guinea and a half, the Goods and Money of John Johnson , in his Dwelling , Sept. 6 .
John Johnson. This Woman picked me up one Saturday-Night, about 11 o'clock, in King-street, Westminster ; I was going Home, and she ran after me, and asked me where I was going, I told her Home; she said she was going my Way to see for her Husband. She could not find her Husband; so I took her Home with me to make my Bed, and then we went to Bed together. About three o'clock in the Morning I awaked, and missed Madam ; I immediately went to my Drawers, and found my Wife's clothes gone. I lost a Gown, a long camlet Cloak, a pair of Sheets, a Shift, three Razors, and a Guinea and an half.
Josh. Rinstead . On Sunday Morning about 6 weeks ago, the Prisoner was swearing in St Ann's-Lane , that she had got good Gold and Silver, and good cloaths, since she came out of Newgate : I went into King-street, and met with the Prosecutor, who told me he had been robb'd; I followed the Woman immediately, and took her with the Goods upon her.
Ann Fulner . On Sunday Morning the 6th of September, the Prisoner knocked at my Door, and told me, she was come to pay me the 6 d. she borrowed of me; she gave me a Shilling, I could not give her change, so would have given it her again, but she would not take it. She opened her Hand, and I saw a Guinea in it, I asked her how she came by it? and she said, her Brother had sent her more Money besides that; but she had spent it, and she gave it me to keep for her.
Prisoner . I was coming along King-street, and this Man overtook me; he asked me to go along with him, for he had a House full of Lodgers, and no Wife, nor any body to clean his House: I went home with him, and he gave me a gown and coat, and I was to work it out. I never was in his House before, how then could I find the way out of it in the dark?
Johnson. I gave her nothing but some Small-Beer, and a Pipe of Tobacco.
Prisoner. I have no witnesses. There is my Mistress, she knows I never wrong'd her of a Pin.
Fulner. She was always honest to me. Guilty 4 s. 10 d.
463. Elizabeth Chace , of Twickenham , was indicted for stealing 3 36 s. Pieces, 3 Moidores, 6 Guineas, 1 Half-Guinea, and 5 s. 6 d. in Money, the Money of Sarah Hewitt , in her Dwelling-House , September 18 .
Elizabeth Hewitt . The Prisoner lived with me three Months as a Servant . On the 18th of September I had Occasion to go to my Bureau, and on looking over my Money, I missed 15 l. 4 s. I asked the Prisoner whether she had been in the Parlour, she said only to sweep and dust it, and that she saw the Bureau open. I told her, I had lost Money; but she said, she knew nothing of it, and persisted in a Denial of it, till the 20th, and then she own'd that she had taken the Money, and had filled the Bag with Stones, and thrown it down the Vault, where it was afterwards found by one of my Servants. After the Little-house had been search'd, and nothing but the Bag found, she confessed that there were 3 different Pieces of Gold; but she could not tell the Value of any of them but Guineas, and that she had hid it in a little Place I have in my House; but would not shew us whereabouts it was hid, though I had her up into the Place.
Prisoner's Q. Did not you threaten me, that you would go to a Conjurer about the Money?
Mrs Hewitt. No; her Mother went to one they call a Cunning-Man .
Prisoner's Q. Was I in my Senses when I made this confession?
Mrs Hewitt. I believe, I have several Gentlemen here, who heard, and saw her Actions, and know that she was not at all disordered.
Joshua Carpenter . Mrs Hewitt sent for me on the 18th of September, in the Morning, and desired me to see if her Money was right. I went to take the Money, but both that, and the Bag were gone. In the Evening of the same Day, going to the Little-house, I saw there were Women in it, and heard them say, hold the Door fast; in a short Time after this, I got a candle, and look'd down the Vault, and I saw a Place , where I thought
Prisoner's Q. Why did not you charge the Women, who were in the Vault, with this Fact?
Carpenter. They had no Business in the Room, from whence the Money was taken.
Prisoner's Q. Were there not some odd Methods made use of to discover the Thief?
Carpenter. I did cover a Table with Soot, and made all the Maids come in, and lay their Hands on it, and told them, that the guilty Person would be black'd; but all their Hands were footed. I imagined that the Person that was guilty should pass by without touching the Table, for fear of being blacked. This was done without Mrs Hewitt's Knowledge.
Sarah Wright . When the Prisoner was suspected, I told her she might as well own where the Money was, if she knew any Thing of it: She said, that when I was coming into the Parlour she knew my Step, and could hardly get the Bureau shut down before I came in; that she had the Money in her Hand when I came in, and that she laid it on the lower Stairs, but afterwards put it down the little House, and the Bag after it - I know of no Threats that were made Use of to make her confess.
- Hoskins . She confessed to me, that there were three Sorts of Gold, and some Silver, two of the Sorts she did not know the Value of. I am a Servant in the House.
Prisoner. I never mentioned any such Word, for I knew nothing at all of the Money.
John Miller . The Prisoner was my Servant between 4 and 5 Years; I keep the Temple Eating-House in Sheer-Lane: She has been entrusted by me with Hundreds of Pounds, and in Abundance of Gentlemens Chambers. I never desire to have a better, nor an honester Servant while I live.
Mr Wilson. I knew her when she was Mr Miller's Servant; I am a Dealer in Hair, and have trusted her in my Apartment, and she never wronged me of any Thing.
Mrs Woodward . I know her to be a very honest young Woman, and never stained her Character.
Lewis Hayes . On the 6th of September, about 10 o'clock at Night, I was coming along Cornhill , and felt somebody at my Pocket very close, I turned about and took hold of his coat, and charged him with taking my Handkerchief, which I then saw in his Hand: He threw it over his Shoulder, and I held him fast about 4 or 5 Minutes, but up on his swearing terribly at me, and offering to strike me, I let him go. He ran away, and called John! John! all the Way he went; I pursued him, and Mr Crouch hearing him calling John , likewise followed him; but the Prisoner falling, Mr Pantrey came out, and took him. I never lost fight of him all the Time.
Prisoner. Ask him, whether there was a Lamp at the corner where he took hold of me?
Mr Hayes . There was a Lamp by which I could see him.
Peter Crouch . On Saturday Night, about 10 o'clock, I was coming by the East-End of the Mansion-House, and heard a Fellow come after me, calling John as he ran; the Way is there so narrow, that I must either stand up, or he push me down: I did not like the Looks of the Fellow, so I clapp'd my cane against the Boards, he fell down, and Mr Pantrey seized him. The Gentleman came up, and said he had lost his Handkerchief; we searched him, and found several upon him, but not Mr Hayes's .
Prisoner. He says he catched hold of me, seeing the Handkerchief thrown away; it is a very strange Thing if it had been on the Ground that the Lamp should not shew it. Guilty 10 d.
John Chase. All that I have to say is, that I left my coat hanging on a chair in the middle of my Shop; it is in King-street, Golden-square : I went out and shut the Door after me, but there is no fastening to it; when I returned to shut up Shop, I found the door push'd open. I thought I had been robbed, but seeing no Hats gone, I looked no farther ,
John Andrews . The two Prisoners and I, one Night about five Weeks ago, were in King street and saw this coat hanging on a chair , through the Window; we attempted to open the Door once or twice, but there was a Woman in a Back Room, who prevented us; at last we did get it open, Beale went in, took the coat, and brought it out; Bristow stood at the Door, and took it out of his Hand. We went with Intent to get some Hats, but could not. I was just come from Work, and met Beale, in Wardour-street , and knew that they intended to go out. When Beale went into the Shop, I was on the other Side of the court; it is a new court, and this House is the corner. We carried the coat that Night to Bristow's House, and they said, that in the Morning they sold it to Mrs Chandler for Half-a-crown. Beale is a Shoemaker, the other is a Carman; I have been with them before on these Occasions.
Prisoner Beale. I never was out with this Man in my Life. I never saw him above 3 Times.
Bristow. I never saw him before in my Life.
Frances Crossby . I have known Beale ever since Christmas, he is my Tenant, and always behaved himself honestly and justly. I never saw Bristow, nor Andrews with him at my House. The Evidence told me at the Gate-house, that Beale was innocent, and that he never was in a Robbery with him in his Life, and was sorry for what he had done; he called me back 3 or 4 Times, and desired me to take notice of what he said.
There were several other Indictments against the Prisoners.
467. William Bennet , of St Lawrence Pountney , was indicted for stealing 2 Leaden Pumps, val. 17 s. the Goods of Persons unknown, and a Leaden Pump, val. 17 s. the Goods of Richard Seller , October 13 .
Daniel Machen . On Monday Morning, the Prisoner and another brought 3 Pumps to my House, in Thames-street, to sell; 2 Porters had them in Baskets on their Backs, they sent the Porters to the Alehouse, and then I suspected that they were stolen. I asked them how they came by them, and told them I must stop the Goods; they said they would fetch somebody to their character, and went away. I went immediately for a Constable, but he not being at home, I went to a Ware-house by the Water-side, and these Men, and 2 others with them, came to me there; but when they heard that I had been for a Constable, one of them escap'd, and the Prisoner we lock'd in and secur'd. When we were before the Alderman at Guildhall, the Prisoner had 2 Hours allowed him to send for his Friends, but to no purpose. There were the Dates of the Year on all of them, one was mark'd 1729, R.F. another 1738, and the other 1689, W.S.I. The Prisoner said, that his Brother had them from another Brother at Gravesend; but if they had been honestly come by, they would not have been brought in Baskets; besides the Person who own'd them, could not think of taking up a Pump which was put down in the Year 38.
Prisoner, Ask him, if he did not order his Sister to buy a Hundred weight of Lead of my Brother?
Machen . I do allow my Sister to buy Lead in the Shop, but not knowing it to be stole.
Richard Seller. One of these Pumps is mine, I lost it out of my Yard on Saturday Night, or Sunday Morning; it is mark'd 1689, W.S.I. I saw the Prisoner about the House at 10 o'clock that Night.
Prisoner. I was coming from Billingsgate, and met this other Man, and the 2 Porters; he asked me to go with him to sell some Lead, and said, he had it from Gravesend, but he is run away. I knew nothing of it's being stole.
Henry Riley . I have known him 25 Years, and always thought him a very honest Man.
- Ratson. I have known him 16 or 18 Years, and never heard an ill thing of him in my Life. Acquitted .
Constance Matthews . Last Monday 7-night , I had occasion to go to the Door, and left the Prisoner alone in the Kitchen. I saw the Spoon just before I went up Stairs to the Door, and when I came down again, it was gone . When I first asked her about it, she said she knew nothing of it, but afterwards confessed the taking of it. I am Servant to Mr Rosey.
Thomas Lovel . I was sent for to take charge of the Prisoner, I said, she had better tell the Woman where the Spoon was; and when I came with her to the Door of the Round House, she own'd that it was at a House in the Coal-Yard I went there with her, and the Woman of the House delivered it into her Hands. She confessed before the Justice, that she took it out of the Kitchen, while the Maid was gone up Stairs to open the Street Door. Guilty 10 d.
469. Mary Griffiths, (alias Mary the Wife of Edward Price ) of St Sepulchre's , was indicted for stealing a Linnen Shift, a Linnen Apron, 4 Damask Clouts, 3 Napkins, a Yard of Linnen Cloth, 3 Pair of Worsted Stockings, 1 Pair of Gloves, 1 Pair of Shoes , 1 Pair of Cloggs , I Silk Handkerchief, a Flannel Petticoat, a Brass Sconce, 3 Mobs, a Suit of laced Pinners, and 3 Pair of linnen Sleeves , the Goods of Catherine Hughes , September 13 .
Catherine Hughes . I hir'd a Room of the Prisoner, at her House in Charterhouse lane , to put my cloaths in, while I went into the Country. I paid her Half a Guinea for the use of it; and was to take them away, when I came up again. Before I went, I fastened the Door with 3 Locks, left all my things safe, and desired her to take care of them; but when I return'd, I found one of my Boxes broke, and my Goods gone. The Doors of the Room were not broke, but, there had been 2 or 3 Boards taken out of the Wainscott between her Room and mine. I had lost so many Things, that I did not know what to do, but the People advised me to get a Warrant to search the House: I did so, and found some of them; my Petticoat, and a Piece of my Gown the Prisoner had on, and she said before the Justice, that they were her own. I lost Cloggs, Shoes, Sleeves, Caps , and many other Things.
Constable . I searched the Prisoner's House, and found these Things up one pair of Stairs, in the Room where she lay; the Wainscot was a little crack'd, but I did not take much notice of it.
Prisoner. She says, she gave me Half a Gui nea, she did promise me Half a Crown a Week, but never gave me a farthing. I know no more of what she lays to my charge, than the child unborn ; and as for the Sleeves that she says she lost, here is the woman who has drest my child in them several Times.
470. Mary Brown , of St James Clerkenwell , was indicted for stealing a Camlet Gown rob'd with Sattin, val. 8 s . and a Linnen Handkerchief, val. 1 s . 6 d the Goods of John Stanborough , September 16 .
John Stanborough. On Wednesday the 17th of September, I was at work in the Strand , my Wife came to bring my Dinner, and staid all the Afternoon with me. We went home at 7 o'clock in the Evening, and found the Door open : my Wife ran to the Drawers , and said John ! I have lost my Gown! I went all about, and could hear nothing of it, till a little Girl told me , that she had seen the Prisoner on the Stairs, and that she had given her a Halfpenny to go to her Lodging, and enquire, if her child had not been left there. I immediately went to her Lodging, and taxed her with it; she at first deny'd that she knew any thing of it; but afterwards she own'd that it was pawn'd to Mr Glover, in Sharp's Alley, for 3 s. 6 d. there I found it, and knew it to be mine.
Anne Stanborough . I was going to carry my Husband part of a Neck of Mutton , and the Prisoner came up Stairs, to beg a Mess of Broth, but I bid her get down Stairs, and would not give her any. I never had no Conversation with her, and - Lord bless me, - this child said she had been on the stairs, and had sent her on an Errand to her Lodging. I went to see after her, and found her with a Full-pot of Beer before her; she said that
- Glover . The Prisoner brought this Gown to me, and said, that an Acquaintance of her's desired to have 5 s. on it ; I offered her 3 s. and 6 d. she took that, and said , if her Friend did not like it, she would bring it back, and have the Gown again. The next Morning Stanborough came for his Gown ; he did not then take it away, but left it in his own Name , and afterwards had it away with a Search-Warrant .
Prisoner . I had been at this Man's House for some Broth, his Wife was going to him with his Dinner, and could not give me any then. So I went away , and as I was coming back again, one Ann Baxell met me, and desired me to carry this Gown to Glover's to pawn; I did so, and got 3 s. and 6 d. on it; and as for being on the Stairs, I never was that Day. Guilty 10 d.
Thomas Peirce. I employed the Prisoner about 3 Months, at the Castle at Hounslow ; I missed two large Spoons, and taxed him with taking them; he at first charged a Drummer, but afterwards confessed that he took them himself. One of my Spoons was stopped by Mr Porter, a Silversmith, at Windsor, the other I found according to the Prisoner's Directions, in the Scullery.
- Pitman. I received one of these Spoons from Mr Porter, at Windsor; I shewed it to the Prisoner, and he owned that he had conveyed it to his Wife, and had hid another in the Scullery.
Prisoner. I found them in the Dust.
Mr Garey. I went by Mr Peirce's Desire to the Prisoner in Newgate; because he had lost several things: He denied every thing except the Spoons, and said, that one of them he had hid in the Scullery, and had sent the other by a Boy to his Wife.
Prisoner. I never wronged any Body of a Pin in my Life before this, and it was Necessity drove me to it. Guilty .
Paul Garry. I lost a Fiddle, and a pair of Breeches out of my House, the Horse shoe and Magpye in Drury-Lane . The Prisoner had lodged with me about 3 Weeks, and suspecting him, I had him taken up, and he confessed them. He took the Violin out of the Cupboard, in the Bar, and had sold it in Exeter-Change for 3 s. and the Breeches to one Vigers for 1 s . and 6 d.
Vigers . I buy and sell second-hand Cloaths; the Prisoner brought these Breeches to my Shop about a Fortnight before they were found upon me, I bought them , and gave him 1 s. and 6 d. which is the Worth of them; I believe him to be the Man, but there is a great Alteration in him now; for he had a Livery-Frock on, with red Puffs, when he was at my Shop. Guilty 10 d.
Peter Triquet . About 3 Weeks ago, I was robbed of an old Cap, and a Hat, by the Prisoner; but I did not see him take them.
- Sanders . I saw the Prisoner go into my Master's House, in Princes-street, Spital fields , and a Woman with him; he came out again presently, and the Maid told me that my Master's Hat was gone; I followed the Prisoner a little Way, and took the Hat from under his great Coat, but the Cap dropped on the Ground.
Prisoner. I was going to Rag-Fair, and met a Woman, she made me drunk, and took me to this House, she took the Hat and ran away.
Sanders. The Woman staid in the House talking to the Maid, but when I brought the Prisoner back she was gone. Guilty 10 d.
He was a second Time indicted for stealing five Foot of Water Pipe, made of Lead , the Goods of our Lord the King. June 11 .
John Ellis . The Prisoner and I broke open the Door, and took out a Quantity of Iron, and about 5 Foot of leaden Pipe; it is a Pipe that brings down the Water to the Brewhouse: the Iron was not fixed, but was in Bars of two or three Foot long. I think it was in February that we took the Iron, the Pipe about half a Year ago, and the other Lead, which was loose, in July.
Ellis. The Prisoner did.
Prisoner. It is a false Information: he denied it when he was in Goal.
Evan Jones . The Prisoner has been my Fellow-Servant these 3 Years, and I never knew any Ill of him in my Life. I went to New-Prison, where Ellis was confined; he told me, that he knew nothing at all of it, and that he had given a Person 5 s. to quell the Information.
Ellis. When I made my Information, I forgot some Things I had done, but I never said such a Word as he speaks of.
- Tailor. I have known him 5 Years; he is a very honest Man as far as I know, and lives as creditably with his Wife as any Man in the Parish. Acquitted on both Indictments.
Christopher Potter. The Prisoner came to my House, on the 27th of September, while I was gone out, and went up Stairs with my Men. When I came Home, I looked for this Box to lock up, but could not find it; I asked who had been there, they said no Soul had been there but the Prisoner. I immediately went to him, and desired him to let me have it, but he swore that he knew nothing of it; he came Home with me, and my Men would strip themselves to be searched, but the Prisoner refused to do so, and went away. I got a Constable , and took the Prisoner, and found part of the Box at Mr Davis's, a Silversmith, by Holbourn-Bridge . I am a Watch-Guilder, and live against St Andrew's Church ; the Prisoner lodged in a Cellar in Shoe-Lane .
Prisoner. There were 2 Men in the Garret besides me.
- Oxton . My Fellow Servant and I were at work in the Garret, when the Prisoner was there; we went down Stairs, and left him alone, standing against the place where the Box lay. My Fellow Servant went down first, I came down afterwards, and he was the last Person left above Stairs. As soon as we had got up Stairs again, my Master came up, and missed the Box. We were both gone down before the Prisoner, and the Box was in the Garret when we were there. The Garret Door is never lock'd, for there is nobody but my Master and the Maid live in the House, and she was not in the Garret at this Time.
Mary Giles . I was on Sufferance in the Prisoner's Cellar: He came home one Saturday very drunk, Mr Potter came after him, and asked him, if he did not see a Box? he said, no, he knew nothing of it. He went home with Mr Potter, and came back again presently, and the next Morning I found the Bottom of a Box by the Prisoner's Bed side; when he saw it, he swore he thought it had been Brass, when he took it; he would have broken it to pieces, but his Sister pulled up some Stones by the Fire-side, and hid it. She afterwards gave me some Bits, and desired me to ask, whether they were Gold or Brass, and I am sure they were the same that she hid.
Mr Davis. I bought some Gold of a person, who said he lived in Shoe-Lane, and the next Morning Mr Potter's Man came to me, and said, his Master had lost a Gold Repeating Box. I knew this to be a piece of a Gold Box, so I gave it to Potter, and left Orders with my Wife, to send for him, if any Body should come with Gold. One Juniper came with it, and not the Prisoner; Mr Potter took him up, but he was afterwards discharged.
Thomas Newland . The Prisoner sat in the Garret, with my Shop-mate and me, some Time before my Master came in. I had Occasion to go down Stairs for something, and Oxton followed me down; my Master was then below Stairs, and hid me call the Prisoner down; he came down Stairs, but presently went up again by himself, he staid a great while above, and in 5 Minutes after he was gone the Box was missed.
Oxton . I am very sure that the Box was in the Garret , when we left the Prisoner alone there.
Ann Barlon . The Prisoner swore he never had the Box, but it was taken by Potter's Boy, and that the Boy had stole Brass Watch Cases from his Master. I said the Boy never wronged him of any thing: why then, says he, I cry cave .
Catherine Bennet . I was going into the Prisoner's Cellar one Saturday to buy Pears, and this Mary Giles was on the Stairs; she told me, that a snubbed-nosed Fellow had dropt the Case of a Watch in the Cellar, and that she had picked it up: She desired me to go with her to sell it, but I could not.
Giles . I never saw this Woman but once before, and never said any thing to her about it. Acquitted .
476. Maria Plater , of St James's Westminster , was indicted for stealing 2 Silk Gowns, val. 15 s. 1 Pair of Stays, val. 5 s . and 5 Pieces of Silk, val. 3 s . the Goods of Jane Simpson , Widow, October 3 .
Jane Simpson. I went out of Town, and left my Things safe at my Lodging, and when I came home, I saw my Gown and Stays lying on my Trunk. I sent the Prisoner into my Room, to turn down the Bed, and she came out seemingly very much frighted, and said, that she had seen a Man go out at the Window. I went down Stairs, and told the People, that I believed I was robbed, and they said it was impossible any Man could get out there. I went up again, and looked into my Trunk, and missed other Things; so I had the Prisoner taken on Suspicion, and she confessed the taking them. She lodg'd in the same Room with me, and had been there Half a Year before I came.
Mr Brown, Constable. The Prisoner brought a Pair of Stays to me to pawn, on the 2d of October, and a Gown the 3d. Mrs Simpson came to my House and own'd them. I afterwards took the Prisoner, and she own'd that she had taken them, and had given the other Things to a Woman to sell for her.
Mrs Simpson. These Things were taken off my Trunk, and were the first I missed, after she had said there was a Man gone out of the Window. Guilty .
477. Mary Walford , of St Martin's in the Fields , was indicted for stealing a Cotton Gown, a Linnen Handkerchief, a Silver Marrow-Spoon, a Silver Strainer, a Silver Salt, and 2 Holland Sheets , the Goods of Philip Church , July 17 .
Mary Church . I live in Catherine-street, in the Strand . The Prisoner had been my Servant about 6 Weeks; she got up one Morning between 7 and 8 o'clock, (I can't tell what Day of the Month it was) and went away without Warning. About 4 Hours after she was gone, I missed the Things; she was taken up, and sent to St Martin's Round-House , and we afterwards carried her before Mr Justice Frazier, where she confessed that she had taken them.
Prisoner. When I came before the Justice, I was not capable of giving an Answer to any thing.
Church. She was as sober then as I am now.
John Sanders . I am Servant to Mr Church in Catherine street. The Prisoner confessed to me, in Tothil Fields-Bridewell, that one Mrs Burnet had pawn'd them for her in the Broad-way, Westminster , and that most of the Money was spent at her House.
Prisoner. Ask him, what he said to me, when he saw me in Bridewell ?
Sanders. I told her, if she would confess that she had stole the Things, my Master would en-deavour to be as favourable as he could in the Prosecution. My Master is a Carpenter, and my Mistress keeps a Coffee-House.
Margaret Burnet . This Woman brought the Things to my House; there was a Gown, a Strainer, a Spoon, and a Salt, and she said she had them from her Mother a free Voluntier; but I don't know that they belong to Mrs Church, how should I?
478. Hannah Greenaway , of St Mary le Bone , was indicted for stealing a pair of Linnen Sheets, the Goods of John Sandwich ; a pair of Stays, a Camlet Gown, and a quilted Petticoat , the Goods of Ann Goodwin , Aug . 6 .
Mrs Sandwich. The Prisoner came to lodge at my House, in Oxford-Road , the 6th of August last, and the same Day the Door of the 2 pair of Stairs Room was broke open, the Sheets, and the Maid's Clothes were stole. I suspected the Prisoner, because she was not at Home all Night, but she denied that she knew any Thing of the Matter, and said she would carry me to the place where she was all Night. She took me as far as Oxford-Chapel, and then ran away, and it was 3 Weeks before I saw her again. She was taken at a House in Brown's Gardens, and there she confessed that she had pawned them in the Name of Mary Wood , for 14 s. at the corner of Lombard-Court, near the Seven Dials.
Prisoner. I did not take the Things, but Wood did, and they came about me so much, that I was forced to own it.
Ann Stuart . I let a Lodging, with this Furniture, to the Prisoner and her Husband, and I lost them. The Prisoner was taken up, and owned that she had taken them, but designed to bring them again. Acquitted .
The Prosecutrix not appearing, the Prisoner was Acquitted .
Laycock. The Prisoner was my Apprentice , and I lost seven pair of Clogs, but I can't swear that he took them.
John Rawlinson . The Prisoner has been employed by his Master, in bringing Clogs to pawn at our Shop: he brought 7 pair, and I lent him Half-a-Guinea upon them; but I believe these were not brought by his Master's Order.
Prisoner. I took them for want of Victuals; my Master would not allow me any: a penny Loaf and a Halfpenny-worth of Cheese served me twice.
The Prisoner's Mother. Mr Laycock sent for me on Sunday Night, and said, if I would give him Half-a-Guinea, he would clear my Child; but if I would not, he would either hang or transport him; so I did at last get a Crown, and promised him another. Acquitted .
Shadrack Hammond. About a Month ago the Prisoner's Father came to my House in Well-Close-Square , with a Watch, and asked me the Value it, but I could not tell him, so he went away. In the Evening the Prisoner came, and desired me to let him have a Lodging; I asked him where the Watch was, and he said he had given it to one Sarah Rye , in Long-Alley, and that he found it in a Court. I sent to this Rye, but she had it not ; I carried him, for that Night, to the Watch-house , and the next Morning before Mr Justice Fowke , who committed him to New-Prison. The Prisoner confessed, as we were carrying him thither, that he had taken the Watch out of the Cabbin, that the Gentleman whom it belonged to could not speak English, and if we would go back with him, he would shew us whereabouts it was that he took it. This Watch was produced by 2 Men before the Justice, and is the same which the Prisoner's Father shewed to me.
Prisoner. The Owner of the Watch is gone to Sea.
Prisoner. I was coming down to Brown's-Wharf with my Lighter, and this Watch dropped out of the Cabbin Windows; there was a Man in the cabbin at the same Time, catching Rats. I carried the Watch to my Father, and then went on Board the Vessel, but nobody was there. I had it again from my Father, and went to my Master's where I served my Time, to fetch my Cloaths away, intending to go on Board a Man of War, but as I was returning, 2 Men met me, and took the Watch from me. Guilty .
Mrs Maccartey. On the thirteenth Day of this Month, between 6 and 7 at Night, I was in a little Room behind my Shop, and saw the Prisoner take my Goods out of the Window; I lost as much Silk as would make 6 Handkerchiefs; one ready made up, and a Bit of blue Ribbon which hung over them. I saw him take them, and remember him perfectly well.
Prisoner . He says I was running along, but I was only walking when I was taken. Guilty .
The Prosecutor not appearing when called, the Prisoner was acquitted .
Thomas Stent. On the sixteenth of September, I went to some Men, who were at work in some Houses which I have in Nicholl Street , Stepney Parish, (it is called Bethnal-Green-Hamlet ) one of my Tenants told me, that a Man had stolen away about 2 Yards and an Half of Leaden Pipe. The next Day, considering it was Water Day, and that the Water's running would overflow the Yard, I went down about 5 o'clock in the Evening to plug it up: As soon as I had done it, this Man came to me, and, said he, I have taken the Thief, and he would not say any thing to me, but is gone to a Publick-House. I directly went to him, and asked him what he had done with the Pipe? he did not offer to deny the taking of it, but said, that he had carried it into Church-Lane, and sold it for a Shilling.
A Witness. I live in the House, from whence the Pipe was taken, and coming home between 6 and 7 at Night, I missed it. I went down Stairs, and asked the Woman of the House if Mr. Stent had taken the Pipe away; but she not telling me, I put my Head out into the Yard, and saw the Prisoner sit there all on a heap; I call'd for a Light, and saw him in the Vault: I lifted up his Hat, and when I saw his Face, I knew him, for it happened to be my Wife's own Brother. I said nothing no farther, only asked him how he could do such a thing? he making me no Answer, I went to fetch the Owner of the Pipe, and the Prisoner was carried to the Alehouse , where he own'd that he took it,
Jury. Was the Pipe loose, or was it cut from the House?
Witness. It was wrenched off.
Prisoner. I have no Witnesses , nor any thing to say. Guilty .
486. + Ann Ingersole , of St Bride's , was indicted for stealing 2 Gowns, value 12 s. 2 Scarlet Cloaks, value 20 s. 5 Linnen Aprons, value 10 s. 4 Boy's linnen Shirts, val. 6 s. a Woman's Leghorn Hat, val. 4 s. a Cloath Coat, val. 7 s. a Dimitty Wastcoat, val. 2 s. and a Stuff Gown Lining, val. 2 s. the Goods of Jane Richards , in her Dwelling-house, and 2 Holland Shirts, the Goods of Evan Hughes , September 30 .
Jane Richards. She robbed me the Day after Michaelmas-Day; I left the Key in my Kitchen-Door, she opened it, and went in; it was between 4 and 5 in the Afternoon, to the best of my Knowledge. I lost 2 Gowns, one was Linnen, the other was a Danjan, a white Dimitty Wastcoat, 2 Holland Shirts, 4 little Boy's Shirts, 5 Aprons, a Lining of a Gown, and a Hat. I can't remember any Thing else, though I have lost a great many Things which are not set down. The Prisoner came to help her Mother, who is a poor Labourer's Wife, in with some Goods, and while I was gone up into my one pair of Stairs Room to make my Bed, she broke the Lock of the Door, and took my Goods: her Mother saw her carry them away in her Lap. I found nothing upon her when she was taken, for she dropped these Things; I did not see her drop them, but I afterwards found them in the Castle-Tavern Back-Door-Passage, in Fleet-Street, which is just by my House. The Prisoner was taken the Wednesday Night following, in Fleet-Market; I charged her with robbing me, at first she deny'd it, but afterwards confessed, and and said, that the Devil hope (helped) her to break the Lock.
The Prisoner's Mother. I saw my Daughter go through the Castle-Tavern, in Fleet-Street, with a Bundle in her Apron.
Prisoner. I have no Witnesses, but God and myself. Guilty 39 s.
WillIAM DUELL of Acton , was indicted, for that he not having the Fear of God before his Eyes, &c. upon a certain Person, to the Jurors unknown, &c. did make an Assault, and her, against her Will, did ravish, and carnally know , September 7 .
He was a second Time indicted for ravishing Sarah Griffin , September 7.
He was a third Time indicted for stealing 2 s. 6 d. the Money of a Person unknown, September 7.
And a fourth Time for stealing 2 s. 6 d. the Money of Sarah Griffin, Sept. 7.
Sir Joseph Ayloffe , Bart. I had Application made to me, to grant a Warrant against Duell, and five others, for robbing, and ravishing a Woman. Curtis and Duell were apprehended; Duell made this Confession, and signed it before me.
Here the Confession was read, and was in Substance as follows, viz.
This Examinant faith, that on Sunday the 7th instant, about 8 or 9 in the Evening, a Woman asked him to shew her a Lodging, for that she intended to go for Worcestershire the next Morning: And then this Examinant shewed her to Mr Life's Barn, in Horn-Lane , in Acton, where he opened a Truss of Hay for her to lie on, and then left her; at which Time, the said Woman desired him not to tell any body that she was there: And this Examinant went to the House of one Cannon, in Acton , where he met with Henry Richards , John Wolfe , and Jack at the Captain's; that they were all going home, when they met with John Davis , and George Curtis, alias Tug-mutton: That this Examinant having told Jack at the Captain's, that he had put a Woman into Mr Life's Barn, they all (except this Examinant) whispered together; that then the said George Curtis said, that he would go and shew them a Girl in a Barn; that then they all agreed to go together, and found the Woman; Tug-mutton then ask'd who was there? the Woman replied, A poor Soul! don't meddle with me? Curtis put his Hands several Times up the Woman's Clothes, and swore, if she did not hold her Tongue, he would kill her. The Woman said she was pox'd; Curtis replied, pox'd, or pox'd not, by G - d I will - . Curtis then, with the Assistance of the Examinant, and of the rest, had Carnal Knowledge of her; during which, the Woman cried out Murder several Times. Then John Davis swore, if she would not give up to him, he would kill her; the Woman cried out Murder! for God's Sake don't kill me! Davis thrust a Pin. of the Length of about an Inch and half, into her hinder-part, up to the Head, and beat her with his Fist: After he had done with her, Henry Richards lay with her; and then John James, alias Jack at the Captain's; then John Wolfe; and lastly, this Examinant. After this George Curtis got upon the Woman again, and swore, if she would not give him what Money she had, he would kill her; the Woman answered, for God's Sake! don't kill me, I will give you my Money! but she not giving it soon, Curtis beat the Woman with his Hands, and Captain Jack swore he would kill her; then Curtis cut off the Woman's Pocket, and took out of it Two-pence Three farthings, and a Pass, which she said, she had to travel with; that they then all went to the Star in Acton , where they proposed to drink together; but this Examinant having no Money, they told him, he should not go with them; whereupon he left them, and went home, between 2 and 3 o'clock on Monday Morning.
In the Account of what passed between himself and the Woman, and of what each of the others had declar'd, such Terms were used, as fully denoted the Offence to be a Rape in each.
Samuel Lock . The Day before the Woman * died, I went up to the Barn to see her: She did not say any thing in particular against the Prisoner. I asked her whether she had been ill used? she said, they had ravished her against her Will, and had robbed her of almost Half a Crown, and Six-pence, but she did not know any of them, for it was in the Dark; and she believed she could not live over the Night.
* The Coroner's Inquest sat on the Body September 19, but not agreeing on a Verdict, adjourned to October 10, when they brought in a Verdict that she died a Natural Death.
+ George Curtis , otherwise Tug-mutton, was committed by Sir Joseph Ayloffe , for this Rape, on his own Confession: He died in Newgate on the Day he was to have been tried with Duell, - John James , otherwise Jack at the Captain's, was apprehended October 19. - The others are not yet taken.
John Weston . On Monday the 14th of September, I went, by Sir Joseph Ayloffe 's Orders, to Mr Life's Barn, to see this Woman: I asked her how many Boys there were? she said there were 6 or 7, that they had lain with her against her Will, and robb'd her, and beat her with their Hands and Knees. She likewise said, that Duell was the Boy who shew'd her into the Barn, and afterwards came with the others; and that they had used her so ill, that she was light-headed.
Prisoner. I had not a Farthing of the Money, for the Boys beat me about sadly.
The Prisoner's Mother. He never did an ill thing in his Life before; he is not seventeen Years old.
The Jury found the Prisoner guilty of the first and second Indictments, Death ; but acquitted him of the third, and fourth .
488, 489. + Robert Hutchinson , and Hannah ( Wife of John) Hutchinson , of St Andrew Holbourn , were indicted (with John Hutchinson , not taken) for breaking and entering the House of John McCormock , about 9 at Night, and stealing a Cloth Coat, val. 20 s. a cloth Wastcoat, val. 15 s. a pair of cloth Breeches, val. 10 s. a pair of Grogram Breeches, val. 5 s. a Grogram Wastcoat, val. 10 s. 2 Hats, val. 2 s. a pair of Plush Breeches, a quilted Petticoat, a camlet Gown in pieces not made up, 6 Napkins, 3 linnen Sheets, 2 Pillows, 3 Table-cloths, 2 laced Caps, and 2 Silver Spoons , the Goods of John McCormock , April 28 .
Ann McCormock. My Husband keeps a Hackney Coach , in the Hat and Tun Yard, by Kirby street ; and the Prisoner Robert had been his Helper . I went out of Town, and left all my Goods locked up safe in my Drawers, and nobody in the House; but when I returned they were gone. I searched several Pawnbrokers, but could not find any thing, except part of a Sheet, which I had from Wilson. The Prisoner, when he lived with us, was very poor; but after this Robbery he went pretty tight.
Ann Wilson . The Woman Prisoner came to me, a Week after Whitsuntide, and said, that her Brother Robert would give her a pair of Sheets, which were in pawn, if she would fetch them out; and if I would lend her 3 s. she would fetch them. She got the Sheets, and left them at my House till she could pay me; she went away with her Husband, and I saw no more of her till she was taken. These are the Sheets which she delivered to me, and the Gentlewoman swore to part of one of them before Mr Justice Poulson.
Jane Tomkins . The Prisoner Hannah asked me to buy a Table-cloth, which was in pawn for 2 s. I told her I could not; but I lent her Money to buy Meat, and asked her how I must have it again, she said she would bring me some Things for it; that she had got 2 pair of Sheets, and some Things not made up, and that she had lived 6 or 8 Weeks on pawning Goods; she shewed me two Silver Spoons, which she said she would sell for a Crown. When she was committed to New-Prison, I went to see her, and she told me that she was not at the breaking the Locks.
A Woman. The Prisoner Robert lodged at my House when this Robbery was committed, and used to come Home one Night, and stay out another. Before McCormock was robbed, he had only two old Shirts to his Back, but afterwards he fetched his clothes out of Pawn, and began to be very tight.
John McCormock . I went out between 9 and 10 in the Morning, with my Coach; I came Home between 1 and 2 the next Morning, and my Neighbours told me there was bad News; I could not believe it till I got up Stairs, and then I saw the Drawers open, and my Goods were gone This half Sheet was found on Mrs Wilson , who had it from the Woman Prisoner.
Prisoner Robert. These Sheets were in pawn four Months before the Robbery; I paid Half a crown and 4 d. for them.
Prisoner Hannah. My Husband told me, that my Brother would give us a pair of Sheets towards House-keeping: I borrowed 3 s. of Wilson to fetch them out of pawn, and left them at her House 'till I could pay her.
Mrs Joy . I have known the Woman 15 Years, and never knew any Thing dishonest of her.
Joseph Key . He is a very honest Man as far as I know; he lived with me 3 Months.
Another. I have known him a great many Years; I keep the Red-Lion at Highgate, and have 'trusted
490, 491. + Mary (the Wife of Thomas) Mills , and Ann Hall , of St George's Bloomsbury , were indicted for stealing 12 Yards of printed Cotton, val. 20 s. the Goods of Catherine Cunningham , in her Shop , October 16 .
Catherine Cunningham. I keep a Shop in Bloomsbury . On Thursday last, about 3 in the Afternoon, this Mary Mills , and another Woman who is not taken, came to my Shop to buy a Yard and half of Cotton, for a child's frock; they were very difficult to please, but at last bought some, and paid for it. The Woman, who bought the cotton, had not Money enough to pay for it, but borrowed a Shilling of Mills; first they disputed about the Price, and were going away, but came back again, and found an Opportunity to take this piece of cotton away. I had shewn them this very piece among others, and did not miss it 'till the Prisoner Hall was brought back; Mills was taken at the Door, but the other Woman crossed Bloomsbury-Market, and got off. The next Witness, observing what had passed, went after them, and took Hall with my Goods in her Apron.
Mary Cresswell . I keep an Herb-Stall opposite to Mrs Cunningham's , and saw the Prisoner Mills, and another Woman, in the Shop, looking over divers Goods, and seemed to be very difficult: they both came out of the Shop, made a Stand, and went back again, the other Woman towards the Shop-Door, and Mills went towards a Gateway. The Prisoner Hall was then standing on the other Side of the Way; Mills beckoned to her to go under the Gateway; she did so, and Mills followed her; Hall immediately held up her Apron, Mills turned something into it, and went back to the Shop to the other Woman, who still remained there. Hall was going off, but I slipped after her, took hold of her, and said, she must come back with me; she asked me what she must go back for, I said, she had got something in her Apron, she said, she had not; so I took hold of her Apron, and found this piece of cotton in it, before several Neighbours. I carried her back to the Shop, and saw the Prisoner Mills waiting at the Door for the other Woman, a Constable was sent for, and the 2 Prisoners secured, but the other Woman walked away.
Prisoner Mills. Ask her if I offered to go away.
Cresswell . No; but I saw her put the cotton into Hall's Apron.
Mills. I was going out with my Goods on Thursday Morning, and met this Hall, and another Woman, one that buys and sells in the Fair as well as myself; she asked me to go with her to buy a Bit of Linnen for a Frock, and desired me to lend her a Shilling to pay for it; I can say no more.
Hall. I was newly come out of my Time, so I went to get me a Place; I met this Woman (who is gone off) in Holbourn, and she hired me, and said, that she bought and sold old cloaths. She went into this Shop, and brought out this thing to me, and when Cresswell came up to me, to ask me what I had got, I told her, nothing but what my Mistress had given me. - I have not one Friend to come near me, to speak for me. Both Guilty 4 s. 10 d.
492. Thomas Bradmore , of St. Luke's Middlesex , was indicted for stealing part of a leaden Gutter, weight 10 lb. val. 1 s. and 6 d. and part of a leaden Pipe, weight 30 lb. val. 4 s. and 6 d. fixed to a certain Building, belonging to Thomas Maylin , October 15 .
Mr Bradley. On Wednesday Night last, about 7 o'clock, a Neighbour came to my House, and told me that there were Thieves in an empty House; I went to see who was there, and I had no sooner got into the House, but Mr Bromley , who was with me, cry'd out, there he is! I saw the Prisoner run a-cross the Yard, and we took him. When we had seized him, we went up Stairs to see what had been done; and found that Lead had been cut out of the Gutter, but how much I can't tell. The House, from whence this Lead was taken, belongs to Mr Maylin, as one of the Assignees of Richard Johnson , a Bankrupt.
Daniel Draper . I was drinking at Bradley's , when I heard that there was a Thief in this House. Bromley, Bradley, and I, went to the House, and as soon as we were got in, the Prisoner try'd to escape over the Pales. I heard a Noise of something running, and threw a Bit of Wood at him in the dark; but that not hitting him, I ran up to him, and took him, just as he was getting over the Pales to go away. After he was sent to New Prison, we searched the House, and found Part of the Leaden Gutter cut away; and the next Morning going into the Yard, I saw that the Main Pipe was taken from the Front of the House, in the Yard.
Prisoner. I came home that Night a little in liquor, and happened to go in there, and could not get out again; they came, and carried me before a Justice, but I did not know what I did.
Mr. Jones. On the 17th of September, I was standing with a Man in Fleet-Street , and the Prisoner passed me several Times: I could not imagine what the Fellow wanted, and I resolved to stop him, if he came by me again. He passed me, and I ran after him, and took him to the Sugar Loaf Alehouse, and gave him into the Custody of the next Witness. I found these 8 Handkerchiefs concealed about several Parts of his Body. - He could give no Account how he came by them, nor say any thing for himself, or his Character.
Prisoner. Was you there?
Bushell. Yes, I was.
Prisoner. Very well then.
Bushell. He had one Handkerchief taken from one Arm-pit, another from the other, and so from several Parts of his Body, and were all separate.
Prisoner. The Case is this. I was coming from a Place, - what do you call it? - by Fleet-street, where they sell Saloop, my Ship-mate met me, and we went into a House, and drank 2 Full-pots of Beer; he gave me these Handkerchiefs, that my Wife might wash them for him, and that Man took them from me: I know no more of them. Here are some Witnesses to my Character and Behaviour.
Mary Margaret . I have known him above 20 Years, I never knew any Harm by him in my Life; I can't say as for hearing , - but we are not to go by Hear-say. What he is taken up for, I can't say nothing (any thing) in his Behalf; I have heard no ill of him, any farther than as People have said, that he has been a wild young Man. I have 'trusted him, and never lost any thing by him.
Jury. Have you ever heard that he gets a Livelihood by stealing?
Margaret. I can't say - I have heard - but I can prove nothing against him. He goes to Sea, but he is not always at Sea. I never lost any thing by him.
Prisoner. The Man who gave me these Handkerchiefs is now on board the SuperbeMan of War. Guilty .
494. Mary Hunt , of St Giles's in the Fields , was indicted for stealing a checqu'd Apron, val. 6 d. a linnen Shift, val. 6 d. and a Cambrick Handkerchief, the Goods of Miles Swinney . 14 Yards of Callimancoe, and 8 Yards of Stuff, cut out for Petticoats , the Goods of William Ryder and Edward Nicklin . October 5 .
Martha Swinney . I live in Wild-Passage, near Drury Lane . On the 5th of this Month, I went out at 3 o'clock, and left the Prisoner in my Room. I left my Things all safe, and bid her go out, and take the Key of the Door with her. I return'd at 5 o'clock, and found my Door lock'd; but the Key was left in the inside. I asked my Neighbours, whether they had seen the Prisoner go out? and was told, that she was gone, and had carried a large Bundle out with her. I immediately gave notice to several Pawnbrokers, to stop my Goods, if they should be offered to pawn, and accordingly, Mr Johnson, in Wych-street, stopped 2 Coats, which were brought to him by a Woman, who had them from the Prisoner. She confessed, before Mr Justice Frazier, that she took these two Petticoats, which were not quite finish'd, and one which was almost made up, and that she had left the Shift and Apron at Rebecca Rines's; but the Handkerchief she dropped, as she was going along.
Rebecca Rines. The Prisoner came to my House, and asked me to let her lie there? I told her, she was welcome if she pleased. I asked her what she had got in her Apron? She said, she had got some Petticoats, and would be glad if I would pawn them for her; I told her, I would, and accordingly I carried them to Mr Johnson's , in Wych street ; they asked me where I had them? I said, I did not know the Name of the Person, but I would carry them to the Place where she was; so I had them to the Alehouse where I left the Prisoner, and she could not deny the taking of them, but would not sign her Confession.
Prisoner. That Woman came to me the Friday before this happened, and desired me to do such a Thing; she would pawn them, and I might come to her Lodging. I told her I was afraid; but I brought my Things to her, and she has a great many of them now. Guilty .
495, 496. + Edward Madder , and Thomas Clack , of St. Mary Whitechapel , were indicted for breaking and entering the Dwelling-house of John Clack , between the Hours of 1 and 2 in the night, and stealing 31 Cloth Coats, val. 30 s. 23 Cloth Wastcoats, val. 20 s. 13 Pair of Cloth Breeches, val, 5 s. 13 Cloth Jackets, val. 10 s. 6 Linnen Shirts, val. 12 s. 1 Pair of Leather Breeches, val. 1 s. and 3 Linnen Shifts, val. 3 s. the Goods of John Clack, September 17 .
John Clack. My Place was broke open the 17th Day of last Month, while I was a-bed. When I arose, I was in a great Fright to see what was done; I found the Door broke open, and I am very sure it was shut fast, and double-locked over Night, with a Padlock on the outside, and a good Stock-Lock on the inside. These Men will make you sensible that I found a great many of my Goods again, though not all. The Goods which are here are mine, I am on my Oath, and I would swear a hundred Oaths that they are mine, and that I lost them at that Time, for I left them in my cellar when I went to Bed. The Prisoners were taken the same Morning at this Man's House; there were four of them, but one is made an Evidence, and the other is got away. When they were apprehended, they owned that they had a Hand in breaking my Place open, and here is the Adz they did it with. There is a Woman, who is out on Bail, has got part of my Goods, and when I was called out of Bed, I went with the Officers to her House, suspecting that the Man, who got away, was there; we desired the People of the House to open the Door, but they said they could not find the Key, and kept us on the outside a Quarter of an Hour before they would let us in, and in that Time I imagine they let him out. When we got into the House, I found a Wastcoat of mine, and a great many other Things tumbled down the Stairs, and those I took away. I have been very badly used, for they have taken away my Substance, and ruined me.
Prisoners. Will he swear that we did it?
Clack. No; I can't swear that any one of them did it, but here is their Accomplice.
Charles Wood . I was drinking last Wednesday Night was a Month, at Mr Phillip's Gin-shop in Rag-Fair, and this Man that is run away, and the Prisoner, asked me to go out with them. We went to the Prosecutor's, and the Man who is gone broke the Door open with this Adz, there were two Locks to it; I stood by while he did it; the biggest of the Prisoners went down into the cellar, and brought up the Goods, and that little Man and I carried some of them to Harman's House, and some to Mrs Carlow's, who is out on Bail. When we went to Harman's House, he said he would fetch us some Bread and Cheese, and Beer; but instead of Victuals he brought the Watch and Constable.
Prisoner Madder. Ask him, whether he did not come to me when I was asleep, and bid me get up?
Wood. No, I never saw him asleep at all.
Valentine Harman . The 2 Prisoners, the Evidence, and one more, came to my House on the 17th of September, between 1 and 2 in the Morning; each of them had his Arm full of Clothes; I asked them where they had them, and they made me no Answer; I tapp'd the least of the Prisoners [Clack] on the Shoulder, and he told me that they had them from Rag-Fair, and were going for more: they went away, and I called my Neighbour up, and told him that I believed the Things were stole. He came with me, and when they knocked at the Door, I shut him into a closet that they might not see him; they came in, and laid down their Bundles, and said one to another, Let us go to Carlow's, and fetch the Things from thence, for there are as many there, as there are here; they were going again, but that little Man said, let us have some Victuals and Drink first; I told them, if they would go up Stairs into my 1 pair of Stairs Room,
Clack. The Goods which were at Harman's, were brought to the Watch-house to me, and I knew them to be mine, and what I lost that Night.
Thomas Revel . I was the Constable. Between one and two in the Morning, Harman called me out of Bed, and said, that he had got some Goods which were left at his House by Thieves. I went home with him: He shewed me as many Things as a Horse could carry, and on going up Stairs, I saw the 2 Prisoners on one Bed, and the Evidence on another. I took hold of the Evidence, and after we had searched him and the Prisoners, and found nothing on them but this Adz, we sent them to a little Place we have, called the Bail-Dock. There were as many Cloaths afterwards brought to the Watch-house, as would load a Horse, they were shewn to Clack the Prosecutor, and he owned them. The Prisoners confessed before the Justice, that they had been into the Man's Cellar.
John Man . I am a Watchman; and going to beat my Rounds, Harman came to me, Jack (said he) I want a Constable, for some Fellows have brought Goods to my House, which I believe are stole; I got an Officer, and went to his House, where I saw these Men, and a great Quantity of Cloaths. We secured them, and went to Carlow's, and brought the Goods away which were there.
Prisoner Madder. These Men came to me while I was asleep, and asked me what I did there; I told them, I was just laid down because I had no Money; they bid me get up, and go with them. I did so, and stood off at a Distance; they brought out Cloaths, and I took them; we carried them to this Man's House, and they said, they did it for fear the Beadle should take them away. I never was in a Prison before.
John Cundell . I knew the Prisoner Madder's Friends very well, and never heard any Harm of him. His Father kept the Woolpack at St. Edmund's Bury , and was a very honest Man; the Prisoner is but lately come to Town.
Mary Cundell . I have known him from his Infancy, and always thought him a very honest, just Boy. I know his Friends to be very honest. He was brought up to no Trade, but sent to Sea; I believe he might be out 2 Years, but I don't know in what Manner he has lived since he was at Sea. He brought me a Letter them his Mother about a Year and half ago, and I have never then him since till now. I received another Letter from his Mother about three Weeks ago, but she takes no notice of him in it, any farther, than that he was come up to Town.
A Witness. I knew the Prisoner Madder at Bury, and his Father and Mother were very honest People. I was told that he never was in the Man's cellar.
Accomplice. He entered the House with us, and helped us to carry the Goods to Harman's House.
The Jury found both the Prisoners Guilty , Death ; but desired the Intercession of the Court, that Madder might be transported .
497 + Margaret Stanton , otherwise Ruggetty Madge , of St. Martin in the Fields , was indicted (with Catherine Butler not taken) for assaulting Benjamin Parish , in the House of Edmund Cahoe, putting him in Fear, and taking from him a Silver Watch, val. 3 l. 10 s. a pair of Silver Knee-buckles, a Holland Shirt, a pair of Breeches, three Portugal Pieces, 1 Moidore, 14 Guineas, and 6 s. in Money , the Goods and Money of Benjamin Parish, October 8 .
Benjamin Parish. On the 8th of October instant, about 12 o'clock at Night, I was going to enquire after my Wife's Brother, at Mr. Fulman's, in Windsor-Court, Drury-Lane. I went close by the Door where the Prisoner and the other Woman were standing, and this Woman at the Bar said, Countryman, I want to speak with you; I could not refuse, as I was so close to them, so they laid their Hands, one on one Arm, the other on my other, and with the Assistance of somebody behind, pull'd me down on my Back, into the House of one Edmund Cahoe, which is a Den of Thieves. As soon as I came into the Door - the House is not above 8 Paces long - I was no sooner within the Door, but it was shut on me, and, as I am inform'd, Butler was the Woman who kneel'd on my Breast, and held my Arms, I am sure some Woman did. The Prisoner kneel'd on my Legs, so that I lay like a dead Man; she forced open my Breeches Pocket, as you see, [they were Leather Breeches, and torn down the Side] and took out about 23 Guineas in Gold, and some Silver, my Watch, and a Pair of Silver Knee-buckles, and out of my Great Coat Pocket, a Pair of Breeches, and a Holland Shirt, my Hat and
Prisoner. What Hour of the Night was it?
Parish . About 12 o'clock.
Prisoner. He swore before the Justice that it was between 8 and 9. I beg you would ask him in particular, whether I was the Woman who brought him into the House? I don't deny that I saw him him in the House.
Parish. She was one of the Women who was standing at the Door, and pull'd me into the House.
The Justice. The Evidence which the Prosecutor has given now, is exactly the same Word for Word, as that which he swore before me. He said that it was between 11 and 12, and that the Prisoner was the Person who rifled his Pockets. When she was before me, she acknowledg'd that she was present; but said that she had no Part of the Money.
Prisoner. It is proper if I took the Money, that I should have some Share of it. There is a Man in the Gate-house, and I think he ought to be brought before my Life or Liberty is taken away. My Friends are not here, and I have not a Half-penny to save me. Guilty , Death .
498. + Henry Cook , of Finchley , was indicted for assaulting James Thomason , on the King's Highway, putting him in fear, and taking from him a Mare of a Bay Colour, val. 8 l. the Property of William Davis, a Pair of Silver Buckles, val. 5 s. a Half-Guinea, and 5 s. 6 d. in Money , the Goods and Money of James Thomason, September 29 .
James Thomason. I live with Mr Parker in Aldermanbury. On the 29th of September, I was sent for to Whetstone ; and returning to London, about a Quarter before 7 in the Evening, I was stopped between the 7 and 8 Mile Stone, on Finchley-Common , by a Person on a little Bay Poney; who it was, I can't say, for it was Night. I was on a Bay Mare which belonged to William Davis. The Man who stopped me, presented a Pistol, and swore he would shoot me through the Body, if I did not give him my Money; I was very much terrified, and he took from me a Half-Guinea, two Half-Crowns, 6 d. and a pair of Silver Buckles; he likewise took the Mare which I rode, and left me his in the Room. After this was done, he went toward the Right-hand of the Common; the Mare was advertised, and the Prisoner taken upon her; but whether he is the Person that robbed me, I can't tell. I can't say but the Prisoner may be about the Size of the Man who attack'd me.
Prisoner. He advertised the Mare, and I picked her up.
John Kerton . On the Thursday after the Robbery was committed, a Boy at Barnet told me, that a Man had stolen a Mare, and was upon her about 200 Yards off; I went after him, but missed Sight of him, and coming back I met a Man, who was likewise in pursuit of him; he desired me to go with him, I did so, and we met the Prisoner on the Mare. We seized him with the Assistance of one or two more, and pulled him off the Mare, down on his Back. When we first took hold of him, he swore he would shoot the next Man that touched him; upon that we searched him for Arms, and found 2 Brace of Pistols loaded in his Pockets, and a Hanger concealed under his coat; not visible to any Body. I did not see his Pistols before he was taken, if I had, I should have been cautious of touching him. We tied his Hands, and carried him to Whetstone , and sent for the Man who was robbed, but he could only swear to the Mare. The Prisoner said, before the Justice, that he was in Debt, and carried those Arms about him only for his Guard. These are the Pistols, and one of them we found loaded.
Thomason. I saw this Mare which the Prisoner was taken upon, and is the same that was taken from me.
Prisoner. Ask Kerton, whether I behaved like such a Man when he seized me?
Kerton. When he was pulled down on his Back, and could do nothing, he said he was in Debt. The Man looked to have no Harm in him. The
George Christmas . I pursued the Prisoner, having had a Description of the Mare, and desired another Man to help me. I assisted in taking him, and saw the Pistols taken out of his Pockets, and the Hanger from under his Coat. He said, he was not afraid of any Thing we could do to him, for he was in Debt, and carried those Arms about him for his own Safety.
Samuel Wheeler . I was at the taking of the Prisoner, he said when he was down, he had no Occasion to fear any Body, and if we would let him get up, he would go any where with us. We asked him how he came by the Mare, and he said, that he found her on the Common. I saw the Pistols taken out of his Pockets, and the Hanger from under his coat.
Defence. On Thursday Morning I was going to gather Mushrooms, and saw this Mare bridled and sadled upon the Common; she was advertised, reasonable charges born, and no Questions asked, but I can't tell what Paper it was in.
Thomason. The Mare was advertised, to be left at the Axe-Inn in Aldermanbury.
Kerton. When we took him he was in a back Road, and said he was going to Enfield .
Mary Sanders . I live at Enfield : The Prisoner lay at my House Tuesday and Wednesday, he is no Relation, only a Friend. I have known him a great while, he is a Leather-Cutter , and lives at Stratford . When he came to my House he was on Foot, and carried away a Pair of Boots, which my Husband wanted to be done. I don't know where he was on the Monday.
Robert Sanders . I have known the Prisoner these 8 Years, he is a Cordwainer, and keeps a House at Stratford : I live in Shoreditch Parish . He was with me on Sunday about Noon, and said he was going to a Christening to his Wife. On the Monday he din'd with me at Haggerstone : he left me between 1 and 2 in the Afternoon, and said he was going to Enfield . I know him to be very honest, but in Debt. He was very shy of the Bailiffs, and I know that he has had a Hanger and Pistols a pretty while, but I saw none on him when he was at my House. I have seen him have them sometimes, and when he has come in, he used to lay them down, and take them up when he went away. I take him to be very honest, as far as I know.
Zaccheus Bourne. I have had Knowledge of the Prisoner some Years, and never heard any thing a miss of him in my Life. I am Beadle of Aldgate Parish , and his Father lives in Aldgate Parish now, and is a Man of Reputation.
The Jury withdrew for some time to consider of their Verdict, when they found him Not Guilty .
499, 500. + Thomas Bates , of St. Martin's in the Fields , Tobacconist , and Elizabeth Bates , of the same, Widow, were indicted, for that they feloniously and falsely made, and caused to be made and procured, a certain Writing, sealed with the Name of Henry Sandys , purporting to be the last Will of the said Henry Sandys, in the Words and Figures following , viz.
In the Nam of God, Amen:
I Henry Sandys, of the Parish of St. Giles in the Fields, Painter, being somewhat infirm, &c. do make and ordain this my Last Will and Testament, commending my Soul to the Creator, and my Body to the Earth, to be decently interr'd, &c. my Temporal Estate I dispose as follows, my Debts being first paid.
Imprimis, I give and bequeath to Frances Woodward , the Sum of 80 l. to be paid in Quarterly Payments; the first Payment to be made the Quarter Day after my Decease; and in case she die before the same be fully paid, then the Remainder shall be divided among the Children of Richard Sandys.
Richard Sandys 40 l. a-piece, at 21 Years of Age; and in case any of them die, their Parts to be divided among the Survivors of them.
Item, I give to Elizabeth Bates the Interest of 500 l. out of my South-Sea Stock, for her natural Life, and her Husband shall not intermeddle there-with, but it shall be for her own Maintenance, without Controul of her said Husband; and I give the said Principal 500 l. among the Children of my Brother Sandys ; and in case any happen to die, then their Share shall be divided among the Survivors of them.
Item, I give to Thomas Bates 10 l. for his Care and trouble in executing the same Will. All the rest not bequeathed, or disposed, I give to Elizabeth Bates, to enjoy the same during her natural Life; and after her Decease , it shall go among the Children of Richard Sandys.
And I do hereby appoint Thomas Bates, and Elizabeth Bates, joint Executors of this my Last Will and Testament, revoking all former Wills whatsoever by me made. In Witness whereof, I have set my Hand and Seal, in the Fourth Year of the Reign of our Sovereign Lord George the Second, &c.
They were a second Time indicted for publishing the said Will, knowing it to be forged, false, and counterfeit, April 7.
The Counsel for the Prosecution set forth, that the Prisoners were indict ed on a late Act for Forgery; and that this Prosecution was set on foot, to bring to Punishment two Persons, who had offended against the Act, in publishing a Will for a true one, which when it was looked on, would appear to be a manifest Erasure.
That there was no positive Evidence against the Prisoners, of their forging this Will; and without that it would be hard to say they were guilty of it; but that the Crime of publishing it, knowing it to be forged, is equally the same; and if the two Prisoners should happen to be guilty of that only, it would be within the Meaning of the Statute.
It was farther observed on the same Side; that as transactions of this Nature are of the worst Consequence to the Publick, where People are so hardy as to alter Mens Wills, to alter the Sums, to increase or diminish them; so there was an absolute Necessity for putting a severer Punishment on the Crime. That a Will was made by Mr. Sandys , and the old Gentleman having had Prosperity in the World, did intend to make an equal Distribution of his Effects, and consider all his Relations. That it happened some Time before this, that Mr. Sandys was afflicted with Blindness, so that he could not write: I hat he was got into the Hands of an artful Woman, one of the Prisoners, and nothing was done without her Consent; and that the 2 Prisoners prevailed so much over him, that he made them Executors of his Will. That some little time before his Death, as his Relation Mr Grimes, was a Man of worth, he had taken an Affection to him. and had promised him a Legacy; and that it would be proved, that the Old Man declared before his Death, that he had left Mr Grimes 50 l. That Mr Sandys dying soon after, no one was privy to it, but the 2 Prisoners, and they never gave notice of it to any of the Relations; but Mr Grimes afterwards hearing of his Uncle's Death, went to the Prisoners; that he asked them, why they did not let him know, that he might come and search; that the Prisoner Thomas Bates reply'd, '' there is '' no Occasion for that, for I am one Executor, '' and here is the other, (meaning Mrs Bates) he '' has left you 5 l. and here is the Will.'' That Bates then produced a Will, and on Inspection, there appeared to have been a manifest Erasure , and in another Hand, a 5 put in the Place.
It was again observed, that the ink on this alteration was fresh, the Sand was on the 5, and crumbled off when touched. That Mr Grimes was tender of what he did, and went to Curtis, who was then in Goal, and enquired of him whether there had been any Directions given about the alteration of the Will; that Curtis owned, that he had some time before made a Will for this Mr Sandys, and that it was a Rule with him, when he made an alteration on an Erasure, he always made a Memorandum on the Back. That this gave a strong Presumption, and put Mr Grimes on sifting into the thing, and when the Man came to be buried, a Person came to Mr Grimes for Wine, and entered into Discourse with him about this Will, and said that Mr Bates sent for him, the Day after the Man died, to break open a Box; that he did open the Box, and saw the Will in the same Condition, as when given to Mr Grimes.
It was likewise offered, that on examining this Will, it appeared that the 5 in several other Places was wrote in a different Manner, which could not be done by Mr Sandys himself, because he was blind; that notwithstanding this, it was insisted on by the Prisoners Thomas Bates , that the writing was all the
Mr Grimes sworn.
It was here urged on the Part of the Defendants, that it appeared from the Face of the Indictment, that Mr Grimes was a Party interested in the Cause, therefore could not be a legal Evidence.
The Case of Mr Barton *, who was prosecuted by one Collins for forging a Bond, (where the Court was of Opinion that Collins could not be an Evidence) and William Judd for a promissory Note, were mentioned as Cases of the same Nature with this.
* See his Trial in the Sessions Book for April last, p. 133. No. 231.
In Answer to which, it was said by the Counsel for the Prosecution, that the Cases which had been mentioned were quite different from this, for if Mr Grimes should give Evidence, it would be to over-throw the Will, then consequently he could have no Part of the Man's Estate, and would swear to his own Prejudice, therefore must be allowed to destroy his own Interest.
On the Part of the Defendants it was offered in reply, that this was not an Answer to the Objection, for, according to the Tenour of the Indictment, his Testimony would be to prove that there had been an alteration in the Will, from 50 to 5, to his Prejudice; and if that should be proved, the Court of Equity would give him what was originally intended him.
Upon the whole, it was the Opinion of the Court that Mr Grimes was a Party interested, therefore could not be admitted a legal Witness.
Mr De Veil . This Will was produced before me, in order to take out a Warrant for the Prisoner, but he came without. Mr Grimes brought the Will.
Couns. When the Prisoner was before you, did not he say that it was a true Will?
Mr De Veil. Yes; he said he had no concern in it; Mr Grimes produc'd the Will before me, and the Prisoner said he thought it was in the same Manner as it was left, and insisted on his Innocence. There came 2 Neighbours, and told me he was incapable of this thing. I saw the Will, and it appear'd just as it does now; I took a great deal of Notice of it, and thought some Part of it to be fresh done, because the Sand appear'd to me to be still on it.
Couns. How did Mr Grimes use the Prisoner?
Mr De Veil. Mr Grimes treated him with deal of good Nature when he was before me.
Couns. Did you see the Prisoner Mrs Bates ?
Mr De Veil. I think she was before me, and said it was the same, but I can't be positive.
Mr Needham sworn.
Couns. Look on that Paper.
Mr Needham. I saw it about 5 or 6 Months ago; I live opposite to Mr Grimes, and he told me his Uncle was dead, and he was going to Long-Acre to see what was left him. When he came back, he shew'd me this Paper.
Couns. Look on it where those two fives are wrote.
Mr Needham. I observ'd it then, and it appear'd just as it does now. I did not observe any Sand, but Ink appear'd to me to be fresher in that Place than in any other. Mr Grimes shew'd me the Will within an Hour after he came from Bate's, and after he had been to Mr De Veil.
- Curtis sworn.
Couns. You were sent for to make a Will for Mr Sandys in the Year 30; is this your Writing?
Curtis. Yes Sir.
Couns. Did you draw all this Will?
Curtis. Yes; I engross'd it.
Curtis . I believe it was so when the Will was made; there was a Paper which was wrote by Sandy's Order found with the Will, wherein all the Legacies were set down.
Couns. Did not Mr Grimes come to you about an Erasure?
Curtis . Yes; I told him I knew nothing at all of it; it had escap'd my Memory. I commonly made a Memorandum if any Erasure should happen. They shew'd me the Will but I could not charge my Memory with it.
Couns. On your Oath, did not you say that those two fives were not your Writing.
Curtis. I said nothing at all like it, to the best of my Remembrance; I did not say so.
Couns. On your Oath, are they your Writing or not.
Curtis. I do believe them to be mine.
Curtis . I said I could not charge my Memory with it ; I could not be positive in it so long as ten Years.
Couns . Are they your Writing or not .
Curtis. I do believe them to be mine .
Couns. On your Oath, were they wrote on an Erasure?
Curtis. It is an Erasure plain.
Couns. How came that Word Five to be in a different Ink?
Curtis. I can't tell that; there was something I believe wrote before the Word Five was there.
Couns . Did not you declare, that when an Erasure happened, you always made a Memorandum on the Back?
Curtis . I did not say so, I usually did, I could not say I always did.
Prisoner's Q. Did you mention to Mr Grimes, when he apply'd to you, that there was another Paper?
Curtis. I did not at that time. After Mr Bates brought me the Paper, I said it was my Writing. The Testator desired me to make a Memorandum of the Legacies.
Prisoner's Q. Was not Mr Grimes at the Expence of a Rule in Easter Term last, to bring you to Westminster?
Curtis. Yes; I went in a Coach; the Tipstaff's Man paid for it.
Prisoner's Q. For what Purpose was it?
Curtis. I can't tell what; to be a Witness on his Behalf I believe, but I told him then that a Paper of all the Legacies was found, and I could not be a Witness for him. Upon that he gave me some opprobrious Words, and I walked back again. I believe it was the Day before Term ended.
Prisoner's Q. Did he say any thing to you about an Indictment?
Curtis. There was a Parchment Writing at that time produc'd, but he did not tell me what it was. We had a great deal of Talk, and I said there was such a Paper found, it is my Writing by the Testator's Directions , and it settles in my Mind that you have no more than 5 l. left you. Here is a Man that has a Copy of the Will, I prepar'd the other from this; the Alterations here are my Writing; this was a former Will, dated 1729.
Couns. How came you not to write the 5 l. in this Will, as fair and plain as the other Words?
Curtis. There was a Mistake but how I can't tell.
Couns. Was that Paper which was found, your Instructions to draw the Will?
Curtis. No; I wrote it by the Testator's Desire, that he might know how much the Legacies amounted to.
Couns . Did not you copy that Paper from the old Will?
Curtis. No, I took it from the new one.
Couns. Your Memory is very good in every thing, but you can't tell us, whether there was an Erasure made.
Curtis . I can't remember, but there must be a Mistake.
A Witness . I was present drinking with Curtis, when Mr Grimes came in with the Will. I will tell you how it was. On Easter Monday I was with Curtis; Mr Grimes and Mr Bambridge came in and wanted to speak with Curtis; they laid the Will down on the Table, and ask'd him if he made that Erasure; they bid him look carefully over it; and he said he could not remember that he did. The Question was asked him, whether he made that Erasure, and he answer'd he knew nothing of it; he could not charge his Memory with it. He said nothing of there being a Paper that would set Things right, but that the Alterations were not his own Writing. This was in the King's-Bench, and I always call'd to see him when I went that Way.
Couns. Did not Curtis say that he could not charge his Memory with Facts?
The Witness. I can say no more than I have told you.
Couns. Did not he say that it was a great while ago?
The Witness. Yes, 10 Years ago, and he could not remember so long. I believe Curtis to be an honest Man, and I do not think he would be guilty of Perjury.
Mr Bambridge. Mr Grimes came to my Chambers in Easter Holidays, and said there had been an Erasure made in a Will to his Prejudice; he desired me to go with him to the Man who made the Will; I went with him, and we found Curtis with two Men; I called him out, and told him what we came about, but he did not remember any thing. We went in and opened the case before them all, and then he said he did remember the making of the Will; are the Figures which stand on that Erasement your's (said I) or not? He said, I think not, and gave us a Reason, that he always made a Memorandum on the Back; and he made no Hesitation. I cannot be so particular, as to remember whether he made use of the Word usually or always.
Couns. When was it that you heard him say he had left Mr Grimes any thing.
Webb. He dined at Mr. Grimes's House, and Mr Bates was there at the same time.
Couns. Was there any talk about a Will?
Webb. Mr Sandys told my Master, that he had left him 50 l. and it would be the last time he should see him; he said he left Mr Grimes's Sister 50 l. There was no mention made of Mr. Grimes's Mother, what Sum he had left her, only that he had left Mr Grimes and his Sister 50 l. Our Bar-keeper was present, it was the 22d of February.
Prisoner's Q. Do you live with Mr Grimes?
Webb. I have lived with him as a Cellar-Man these four Years; he deals in Wine by wholesale, in Princes-Street, Drury-Lane.
Prisoner. Then you are not his Servant in the Capacity of an Attorney.
Couns. Do you remember Bates and Sandys at your House.
Smith. Yes; he died the latter end of February, and was at our House the 22d. He had fell down in the Dirt, and my Master asked him if he had hurt himself, and why he would not take a Coach when he came out; he said if ever he came out again he would have a Coach, but he believed he should never see my Master any more. He said he had left him and his Sister 50 l.
Prisoner's Q. Do you live with Grimes?
Smith. Yes; I have lived with him as a Bar-keeper about 2 Years; and Mr Sandys said at our House, that he had left my Master something to remember him.
Prisoner's Q. How came he to say afterwards 50 l.
Smith. After Dinner, my Master asked him how he did, he said indifferent, and that he had left him and his Sister 50 l. a piece. The Conversation was almost the same as before Dinner.
The Evidence for the Prosecution rested here; and it was urged on the Part of the Defendants, that what has been offered to support this Indictment could not in the least affect them with respect to the Publication of the Will, knowing it to be forged.
Juryman. The Will had been some time out of Mr Bates's Hands; a five might have been erased, and another wrote thereon. Acquitted .
John Dale . My Shop is in Skinner-Street . On Monday the 29th of September, I had some pieces of Cotton brought home from the Calender's, and missed them out of the Shop on the Thursday following. I went out to see after them, but could not find them; I blamed some People that I have in the House, and making a Noise about them, I was told on the Friday Morning that one of my Pieces were in a Shop in White-Lyon Yard, bought for 8 s . which we never sell for less than 16, and there I found it. I took up the Prisoner on Suspicion, and charged her with the Fact; I asked her where the other 2 Pieces were; at first she denied that she knew any thing of them, and that she bought this Piece which I found, of one Cross; but at last, she said it I would go out with her, she would tell me where they were, and said that they were pawned at two places. When she was before the Justice, she confessed that she came into my Shop, and asked for some Checque for a Gown, that we could not agree about the Price, and when I turned my Back, she took these 3 Pieces of Cotton off the counter. I found the other two Pieces according to the Prisoner's Directions, pawned in the Name of Britannia Wood. She said if I would let her go I should have my own again; I was apprehensive that I had lost a great many more things, so I made her no Promise of Favour. This Letter I received from her while she was in New-Prison; she told me she sent it.
The Letter was read.
'' To Mr John Dale, opposite the five Canns '' in Skinner-Street. New-Prison, Octob. 7, 1740
'' Good SIR,
'' I beg Pardon for the crime I have committed '' against you, and the Reproach I have brought '' upon my Family. Good Sir, be favourable to '' me; consider my unhappy case at present, hoping '' the God of all Mercies will prosper you '' Night and Day, which is the Wish of '' Your afflicted Prisoner, '' Britannia Wood.''
A Woman. The Prisoner brought these three Pieces of Cotton to my House, I asked her the Price of one of them, she said it was 2 s. per Yard; I took one, and was either to pay for it, or return it on Saturday, but on Friday Mr Dale found it in my House.
Jesse Byrom . The Prisoner brought one Piece to my House, I lent her 6 s. 6 d. on it, and I deliver'd the same to the Prosecutor .
A Witness. I took one Piece from Mrs Turner's , and one from Mr Byrom's ; that is all I have to say.
Prisoner . I beg the Mercy of the Court; I have no Friend now, they will be here to-morrow. Guilty 4 s. 10 d.
502. Catherine Deleroy , of St. James Clerkenwell , was indicted for stealing 2 Linnen Pillowbiers, 1 pair of Linnen Sheets, a Child's Shirt, a Child's Wastcoat, a Piece of Silk, and other Things the Goods of Thomas Trueman , Gent . Sept. 18 .
Mr Trueman. The Prisoner was my Servant ; On the 17th of September she went away and took her Things with her. She came again the next Day and ask'd me for her Wages, and desir'd my Wife to let her fetch her Bundle down, for when she went away, she said, she had left one behind her; my Wife said, I don't know of any Bundle you have here, pray let me see what is in it. We open'd the Bundle, and found these Things in it, which the Prisoner said were given her by a former Mistress; but they were my Goods, and had my Mark on them. She brought them out of the Garret, and would have gone off with them if we had not stopp'd her. They were a piece of Silk, 2 Pillowbiers, a pair of Sheets, and some Childbed Linnen, a Hatband, a Child's Shirt, a Wastcoat, a Cap, a Forehead Cloth and a Biggin, I know of nothing more.
Elizabeth Boyce . I have lived with Mr Trueman a great many Years, and saw the Prisoner take the Goods away, I was above Stairs when she took them, but she did not know that I saw her. I did not say any thing to her 'till she was brought into the Parlour, and the Bundle was open'd. There were in the Bundle a piece of Silk, 2 Pillow-biers, a Hatband, and several other Things of Mr Trueman's; I knew them to be his by the Marks; some of them were mark'd with 2 T's, and some with M and M T. The Prisoner would not confess any thing when we took her, but when she was carry'd before the Justice, she own'd she had taken them.
Prisoner. Did not I ask my Mistress to look at my Bundle when I brought it down?
Boyce. She went into the Shop, and did not ask her Mistress to look at it before I made the Discovery. She had these things under her Arm, and was carrying them away.
Prisoner. When I went up Stairs for my own Bundle, there was this in the Room of it, and when I came to look at it, I found it was not my own; I wanted to ask my Mistress for my Things, but she hid herself behind the Screen, and would not see me.
Boyce. There was no other Bundle put in the Room of her's.
Jury. Why is not the Prisoner's Mistress here?
Boyce. She is at Market in her Business; Mr Trueman was bound over to prosecute.
Defence. Mary Cuart . The Prisoner lived with me twice; and behaved as an honest Servant: I have known her 16 Years; she always had the Character of a sober Girl. I had a Lodger who used frequently to leave his Desk open, and scatter Money out of his Pocket, and she always gave it him again.
Elizabeth Cash . I have known the Prisoner 6 Years, and never heard an ill Thing of her in my Life, I have entrusted her with the Key of my Cupboard when there has been Money in it, and she never wrong'd me of any thing.
Richard Wood , I have known her 12 Years, and liv'd in the same House with her. I have come Home several Times in Liquor, and forgot to lock my Desk when there has been Money in it, and she never wrong'd me of any thing. I have dropp'd Money out of my Pocket, and she always gave it to me again. Acquitted .
Paul Le Cour. Between one and two in the Morning, I was coming out of Russel-street, by Drury Lane , and stopp'd with a Man who sells Salop to drink a Dish; the Prisoner came up and ask'd me to treat her; I did give her a Dish, and after she had drank it, she said she wanted to speak with me; I was curious to know what she had to say, and went to the corner of the Street with her; then she ask'd me to go to Tom King 's , and drink a Glass of Wine, I refus'd, and while we were
Prisoner. How is he sure that I took them?
Le Cour. I felt her, and took her Hand in my Pocket.
Prisoner. How came he not to prevent me, if he felt my Hand in his Pocket?
Le Cour. She was too quick for me. When I found that my Money was gone, I held her fast against the Wall, and a Fellow she call'd Husband, came up and insulted me. The Watch was called, and we went to the Watch-house; when we were there, she said she never saw me; but I am sure she is the very Woman. She was not searched, and I have not had my Money again. I am a Snuff-Box Maker, and live on Clerkenwell-Green.
Prisoner. Was it in the Street, or whereabout was it?
Le Cour. It was at the Corner of Russel-Street.
Prisoner. Was there any body in my Company?
Le Cour. No one else that I know: None robbed me but the Prisoner. The Salop Man was at the Corner when I was robbed.
Prisoner. How far from the Watch was it?
Le Cour. About a Yard an half.
Prisoner. Why did he not secure me when he felt my Hand?
Le Cour. A Man insulted me, and said she was his Wife; but I did call the Watch, and held her fast against the Wall.
Prisoner. Did you charge no other Woman with taking your Money?
Le Cour. No, none else; the Constable was present, and knows that I charged no body but the Prisoner.
John Leaver . I am a Watchman, and was standing at the Corner of Russel-Street, when this Man was drinking Salop with the Prisoner. They both turned the Corner of the Street, and had not-been there 2 Minutes, before the Man call'd Watch, and said he was robbed. She was carry'd to the Watch-house and stripped, but her Cloaths were not searched.
Prisoner. Did you see me speaking to any Man there?
Leaver. No, to none but the Prosecutor.
Thomas Stuckey . I am a Watchman in St Martin's Parish , and standing at the Corner of Russel-Street, I saw this Man, and the Prisoner, drinking Salop. They turned the Corner together , and in a little Space of Time, the Man called Watch ; I ran to him, and he said, he would charge me with this Woman: I laid hold of her, and he had hold of her too. He said, she had robbed him of three 36 s. Pieces.
Prisoner. Master! Hearkee! On the Vertue of your Oath, did not you say, that he was keeping Company with another Woman?
Stuckey. No; I never said no such thing.
Prisoner . Will you swear that, on your Word?
Stuckey. Yes, I will.
Defence. He says he never charged any other Woman; I can prove that he did.
- Murphey the Salop-Man. The Prisoner and that Man came, and had each a Dish; they turned the Corner together, and presently the Man called Watch, and said he was robbed.
A Woman. I was coming down Russel-Street , and the Prosecutor laid hold of me, and desired me to drink with him; but I refusing, he struck me several Blows, and said, I had picked his Pocket of 3 Moidores; but a Mob coming, I made the best of my way off. I went into a House, where I staid some time, and coming to the Salop Place, I saw this Man pull hold of the Prisoner, and he said, he did not know which robbed him.
Ann Broderick . I had been to see for my Husband, who is a Chairman, and coming Home I met this Man in the Strand; he asked me to drink a Glass of Wine with him, I refused; he then asked me to drink a Dram with him, but I not being willing to go with him, he struck me with a Bit of Link which he had in his Hand, and pulled me about, and said at first, that I had robbed him of 3 Moidores, and afterwards he said it was 40 s. This was over-against Eagle-Court, where I was born, and some of the Neighbours coming down, knew me, and I got away.
Prosecutor. I was not in the Strand all that Day.
John Loppenburg , of Paddington , was indicted for that he, after the 24th Day of June, 1731, viz . on the 26th of April , 150 lb. of Lead, val. 15 s. the Goods of James Frapwell , fixed to a certain Messuage, he did rip, steal, and carry away .
The Prisoner, being a Foreigner, demanded a Party Jury, and the following Persons were sworn.
Walter Dobener . On the 26th of April, I was informed that a Leaden Gutter, and several Pipes, were stolen from Mr Frapwell's House. I thought fit to get a Warrant to search proper Places, and just as we were got to Marybon Turnpike , a shower of Rain came upon us, and we stood up in the Turnpike House. While we were there the People were talking, that a Man was taken in a Brick-Field with Leaden Pipe upon him, and that he was carried to the Bell at Paddington . We went to the Bell, and found the Prisoner with some People, who had secured him, in a little Room in the House, and a Bag of Lead on the Table. I took Dimensions of the Lead, and went to the House from whence it was taken, and it fitted exactly. I then charged a Constable with the Prisoner, and carried him before a Justice, where he said, that he found it in a Pond. When he was taken he was asked where he found the Bag, and he said in the other Field, behind the Bush; and that there was a Lock of Straw on it. I was not at the first taking of the Prisoner; I was going to the Gravel-Pits, but hearing at the Turnpike that a Man was taken with Lead, I turned back again. When I charged him with stealing it, he behaved very cooly, and said, that he found it in a Pond, and the Bag behind the Bush. There was a wet Shirt in the Bag beside the Lead, and before the Justice he said, that he went to the Pond to wash his Shirt, and then found the Lead. There was about a Quarter of a hundred in the Bag, and the wet Shirt. The Shirt was produced before the Justice, and was very dirty.
John Gays . On the 26th of April, I was informed that some Lead was found in Spruce and Baker's Pond at Paddington . I went with them to see it, and a Storm of Hail occasioned us to go to a Hedge 40 Yards from the Pond for Shelter. In the Interim the Prisoner came into the Field, and went towards Bay's-Water, I did not suspect him by his Dress; he came between us and the Pond, and I took particular Notice to see if he looked towards the Pond, but could not perceive that he did. We set a Man to watch, imagining that the Lead would be fetched out of the Pond in small Quantities. I put the Lead, which had been taken out of the Pond, in again, after the Prisoner was gone out of the Field towards Bay's-Water . I then went away, and sent a Man to watch; he came running back to me, and said, he saw a Man come to the Pond with something in a Bag; I went after the Prisoner, and when I came near him, I saw that he had a Bag in his Hand; he went over a Ditch into another Field, put the Bag into the Ditch, and then retreated from it 3 or 4 Yards. I ran up to him, imagining it to be the Lead, and asked him how he came by it; he said, he found it in the Pond. We then carried him to Paddington, and he answered all the Questions that were put to him, in English, very distinctly; he had the same Coat on then as now, his Shirt was not so clean, and he looked a little rough. There was a Shirt found by the Bag, and he said he went to the Pond to wash it; but there were many other Places more private where he might have done it.
Richard Hammond . I am Mr Frampton's Gardiner, and lie in the House. On the 26th of April last, I heard a Noise between 1 and 2 o'clock in the Morning; I got up and looked out at the Window, and saw a Ladder against the House. I did not go to Bed again, but looked about the House, and found that a great deal of Lead had been taken from the West End; there were leaden Pipes, and part of the Gutter gone. The Lead was pretty substantial, and required some Work to take it down, and the Noise waked me, but I heard no Voices. The Ladder belonged to a Carpenter at Kensington, and he lent it to a Bricklayer.
John Green . On the 26th of April, between 8 and 9 in the Morning, I was sent for to watch at the Pond, and while I was there, I saw the Prisoner go from the Pond with the Lead in a Bag; he did not take the Foot-path, but crossed the Road, and seemed to run with it. I then called Gays, and he ran after the Prisoner and overtook him, and when I came up he had hold of him; the Bag and a dirty Shirt lay by him; I asked him what he designed to do with the Lead, he said it was to make Shot, to go a shooting with, and that he was going to wash his Shirt, and found the Lead in the Pond.
Erasmus Preia . The Prisoner came into England with Esquire Burrard, who had serv'd as a Voluntier in the Russian Army, against the Turks. When the Prisoner first lodged with me, I liv'd in King-Street, St. James's, but now I live in Leicester-fields. On the 25th of April, the Prisoner went to Bed at a little after 10, and I lock'd up the Doors and took the Key with me. I deliver'd the Key to my Maid a little after 6, that my Lodgers might go out to Work, and I did not see the Prisoner afterwards. I take him to be very honest; he always kept the best Company; but never gam'd at Cards, or any thing like it. He had washed his Linnen often himself, and used to wash his Master's, when in the Russian Camp .
John Christopher Mendel . I know the Prisoner; ed with him in that Gentleman's House all the Winter. On the 25th of April he lay with me all Night . I awak'd several Times in the Night and found him abed, and we 'rose together at half an Hour after 5 in the Morning, but I went out and left him at Home. I don't know any thing about his going out that Morning in particular , but I know he frequently used to go into the Fields to wash his Shirts, because he did not care that any Body should see them.
Jury to Prtia. How far is it from your House to Paddington .
Prtia. About half a Mile.
Mendel. He never lay out all Night, but behaved very civilly, and frequented no bad company.
Mr. Burrard . I have known the Prisoner since last June was Twelve-months, I had leave from his Majesty to make a Campaign under Count Munich, in 1738, and he came from abroad with me. He lived in my House, and behaved himself as a diligent Servant, and I always thought him as honest a Fellow as ever I knew in my Life. My Brother gave me a Character of him, and he had 'trusted him by himself through Poland with his Baggage, where he did not meet with a House, or an Inhabitant for 100 miles. I really believe the man to be as innoceent of this as myself. He propos'd to go into the India Service, if this had not happened.
Mr Bromfield. I have known the Prisoner about 12 months; I have been frequently in this Gentleman's House, and never heard a better Character of any one in my Life.
Mr Burrard again. When he has been with me, he has not had his Cloaths off for 3 Weeks together, and if he had had a mind to have wrong'd me and gone off, I could not have enquired after him, because I could not speak the Language of the Country. He has had frequent Opportunities in my House, to wrong me, if he had been so inclined. He has the best of Characters, I never saw him drunk in my Life.
Earnest Cibber . I knew him at Petersburgh , in Muscovy, he lived with an Ambassador at that Place. I am a Goldsmith, and have entrusted him, and he always behaved very honestly. I took him to be a very sober man.
Christian Lisener . I have known him about a Year, he always behaved well, and I never heard any Harm of him in my Life. I have been at his Master's House, and was always desirous of his Company. Acquitted .*
*This Trial came on in a former Sessions, but was then omitted merely for want of Room.
His Majesty having been graciously pleased to extend his Mercy to
On Condition they should be transported for 14 Years; they thankfully accepted thereof, and were sentenced accordingly.
Received Sentence of DEATH, 7.
TRANSPORTATION for 7 Years, 34.
His Majesty having been graciously pleased to extend his Mercy to
On Condition they should be transported for 14 Years; they thankfully accepted thereof, and were sentenced accordingly.
Margaret Newell , attainted in April Sessions, for privately stealing a Gold Watch, from the Person of Chevalier Rusca; Who having in Stay of Execution pleaded their Bellies, and by the Verdict of their respective Juries, were found to be with Quick Child, were ordered to be brought down next Sessions.