WEDNESDAY the 25th, THURSDAY the 26th, FRIDAY the 27th, SATURDAY the 28th of February, and MONDAY the 2d of March.
In the 14th Year of His MAJESTY'S Reign, BEING THE Third SESSIONS in the MAYORALTY OF THE
Right Honourable Humphry Parsons, Esq; LORD-MAYOR of the CITY of LONDON.
For the YEAR 1741.
Printed for J. ROBERTS, at the Oxford-Arms in Warwick-Lane. MDCCXLI.
N. B. The Public may be assured, that (during the Mayoralty of the Right Hon. HUMPHRY PARSONS, Esq; Lord Mayor of this City, for the present Year) the Sessions-Book will be constantly sold for SIX-PENCE; and likewise there will be no double Books.
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Rt. Honourable HUMPHRY PARSONS, Esq; Lord-Mayor of the City of London; Mr. Justice PAGE, Mr. Justice PARKER, Mr. Baron ABNEY , Sir JOHN STRANGE , Knt Recorder of the City of London, Mr. Serjeant URLIN, Deputy-Recorder, and others 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.
1. Elizabeth Aust alias Betty Lewis , was indicted, for that she on the 30th Day of May, in the 9th Year of his present Majesty, at Bedminster, in the County of Somerset, took to Husband Richard Aust , and afterwards, viz. July 5th , in the Parish of St. Martin Ludgate , married Allen Pincock , her former Husband being living . Guilty .
2. Philip Lipscomb , of St. Leonard, Shoreditch , was indicted for breaking and entering the House of Thomas Newsome , about the Hour of 4 in the Night, with Intent of the said Newsome to steal , &c. Jan
John Spencer . I am Servant to Mr. Newsome. My Master and I fastened all the Doors, and went to Bed about 11 o'Clock, we were called up about 4 the next Morning, and found the Prisoner in Custody of there Men, who were very bloody. This Hat was found in the middle of the Cellar, and the Prisoner owned it was his.
Wm Ford . I am a Watchman, and was going Home a little after 4 o'Clock, and saw the Prisoner standing at Newsome's Cellar Door; I cry'd Halloo! he said Halloo again, and I went to my own House, which is about 8 or 10 Yards from Newsome's Door. I look'd out of my Window, and the Prisoner went into the middle of the Street, and look'd all round him; he then went back to the Cellar, and I saw him open the Door and go down. After this, I called up John Blake , and he went with me, but when we came there, the Cellar Door was fast; he (Blake) smiled, and said I was mistaken. I had no sooner turned my Back to call up Mr. Newsome, but Blake called me to his Assistance, and I seized the Prisoner coming out of the Cellar, and just as he came on the last Stair he gave Blake a Knock with something, which made him reel, and this Lathing Hammer was afterwards found in the Place where we had the Scuffle.
John Blake . About 4 in the Morning, the last Witness Ford called me out of Bed; he said he had seen a Man go into Mr. Newsome's Cellar, and desired me to go and assist in taking him. We went to the Cellar Door, and it seemed to be fast, I niled, and said he was mistaken, he was certa he was not, and turn'd about to call Mr. Newsome I laid hold of the Prisoner at the Top of the Stairs; he swore he would stick me if I did not let him go, and gave me this Cut on the Head with something he had in his Hand.
Prisoner I was going along, and fell into the Cellar, I cut my Legs and bruised my Face ry much, and as for the Cut on that Man's Head, the other gave it him in the Scuffle. Guilty , Death .
5. John Beale , was indicted for stealing an Iron Bar, value 18 d. a stove Grate, value 3 s. the Goods of Sarah Tailor , and a piece of leaden Pipe, value 6 d, and a leaden Sink value 10 d fixed to a certain Building belonging to the said Tailor, Jan. 26 . Guilty 10 d.
6, 7. John Castody and Robert Hunt of St. Giles's in the Fields , were indicted (with a certain Person unknown) for that they on the 8th of Feb . on the King's Highway, on Richard Briton , in the Peace, &c did make an Assault, and him in Fear, &c. did put, and a Watch with the outside and inside Cases made of Silver, value 6 l a Brass Watch Key, value 1 d a pair of Silver Shoe Buckles, value 10 s. a pair of Silver Knee Buckles, value 5 s. and 2 s. 6 d. in Money, the Goods and Money of the said Briton, from the Person, against the Will of the said Briton, did steal, &c.
Richard Briton . On Saturday the 8th of this Month, I and two or three more had some Business at Mrs. Fastnege's, the Coach and Horses in Drury-Lane, we staid there till about 2 in the Morning, and the two Prisoners came into the House, and called for Liquor. They sat in the next Box to me, and asked what o'Clock it was; I shewed them my Watch, and it was then past 2. They staid to drink a Pint of Two-penny, and then went away. In a few Minutes I parted with my Friends, and went down Princes-street, into Lincoln's-Inn-Fields , and turned on the same Side with the Duke of Newcostle's House: I immediately heard a Noise at my Heels, like the running of a Man, and turning about, saw the Prisoner Hunt, with the same Coat on as he has now; he attempted to hide himself, and I being suspicious of some Mischief, walked as fast as I could till I got up to the Corner; then the Prisoner Cassody came up and ran a Pistol into my Mouth, and said, Stand and deliver, or you are a Dead Man! he advanced on me, and the Lamps shone in his Face. Immediately Hunt came up, and clapp'd a Pistol to my Breast, and one of them said, D - n your Bl - d, you have a Watch, I know you have. They took it from me, likewise my Shoe and Knee Buckles, and swore, if I made the least Resistance they would murder me, for they had a set at every Corner of the Fields, and a third Person stood at a Distance. When they left me, I went to a Watchman and told him the Story, but he said he cou'd not help it On the Monday following I advertised a Reward of 5 Guineas for any Person to impeach his Accomplices, and one that makes it his Business to take these People, told me where I might go and see 10 or 20 of the same Sort. I went there, and had not sat long before Hunt went by the Door, and Cassody presently after him, and I knew them to be the Men who robb'd me.
Joseph Williams . I was with the Prosecutor at the Coach and Horses in Drury-Lane. The two Prisoners came in, and ask'd what o'Clock it was? Briton pulled out his Watch, and it was some Minutes past 2. They staid to drink a Pint of Two-penny, and went away together. The Prosecutor parted with me presently afterwards, and he went down Princes-street in order to go Home. The next Day he inform'd me of this Robbery, and gave me exactly the same Account of it as he has done now. On the Monday following, I went with him and some other Persons, in Search of the Prisoners, and accordingly went to a House in Drury-Lane, that harbours these People, where we had not staid long, before Hunt and Cassody went by, and the Prosecutor knew them to be the Persons that robb'd him.
William Lewis . I happen'd to be at the Coach and Horses, when the Prisoners came in, Hunt ask'd what o'Clock it was? and Briton pull'd out his Watch, and said it was some Minutes past 2. When he had satisfied them what o'Clock it was they left the House, and Mr. Briton and his Friends soon follow'd, and the next Day I heard of the Robbery. I went with some other Persons, and secur'd Hunt, but in the Skirmish he cut my Hand almost off.
Mrs. Fastnege I keep the Coach and Horses in Drury-Lane. The two Prisoners came to my House and drank a Pint of Two-penny at the same Time that Mr. Briton and his Friends were there; Hunt asked what o'Clock it was? and Briton pulled out his Watch, and said it was past 2. The Prosecutor paid his Reckoning, and said he would go, and immediately the Prisoners paid for their Liquor and left the House. In a few Minutes afterwards
Hunt. I desire the Prosecutor may be asked, what Time of the Night it was?
Briton. It was between 2 and 3 in the Morning.
Hunt. Was it quite light or quite dark?
Briton. It was a clear Night, and I could have seen to take up a Pin, besides it was just by the Duke of Newcastle's House that I was robb'd, and there are several Lamps thereabouts.
Hunt. I desire he may give an Account what Time of Night and what Colour the Night was.
Briton. I have said before, - it was a fine clear Night.
Hunt. What Sort of Cloaths had I on?
Briton. He had the same Coat on as he has now.
Hunt. He said before the Justice, he never saw me but once, and that was too soon.
Briton. When the Prisoners came into the Coach and Horses, their Coats were button'd under their Chins.
Hunt. Mr. Lewis, I would ask you a Question, Sir, if you please, what sort of a Night was it, when Briton was at the Coach and Horses?
Lewis. It was a fine clear Morning.
Hunt. This Fellow will swear Black is White; I don't scruple his Conscience in the least Shape in Life.
Cassody. I never saw the Prosecutor before I saw him in the Gatehouse.
- Rhodes. I know the Prisoner Cassody, and when I took him he did not resist As to his Character, I believe it is very midling; - I can't say I have heard a good Character of him but I never knew any Harm of him.
Both Guilty , Death
8. Robert Hunt , a second Time, and James Timms , were indicted for assaulting Robert Rhodes on the King's Highway, putting him in Fear, and taking from him a Penknife, val. 1d. an Iron Key, val. 1d. and 3s. 11d. the Goods and Money of the said Rhodes, Feb. 12 .
Robert Rhodes . On the 12th of February, about 9 at Night, I was called to take one Thomas Robinson for a Street Robbery. I found him in Drum-Alley in Drury Lane, and told him I had a Warrant against him, and in a Minute 20 or 30 Fellows came in, some with Mopsticks, some Broomsticks, naked Hangers and the like, and cry 'd, D - n the Constable, Murder him, Kill him. Immediately I was knock'd down, and the Prisoner stood over me with a Club in his Hand. When I was on the Ground, they turn'd my Pocket the wrong side outwards, and took from me 3 s. and some Half-pence: After this I went in pursuit of them to a House in Holford's-Alley, and a pane of Glass being broke I look'd through and saw Hunt and the Prisoner standing by the Fire-side.
Prisoner. Do you believe on the Vertue of your Oath that I robb'd you?
Rhodes I am certain you was in the Company and stood over me with a Stick.
William Atley I was Assistant to Rhodes, we had a Warrant against Robinson, and while we had him in Custody, the Prisoner and a Heap of Irishmen rescued him from us, and we were obliged to get away as well as we could. When we were got out of the House, the Prisoner and Hunt push'd Rhodes down, and stood over him with Broomsticks in their Hands, but what was taken from him I can't tell. After this, we found Hunt and the Prisoner at Mr. South's in Holford s-Alley, and Hunt said, let us drink Boys, and be merry, with the Constable's Money: There was a pane of Glass broke, through which we saw them, but we were afraid to go in.
Charles Lane. I went in the Coach with the Prisoner before the Justice, and he said he had rather die than impeach his Companions.
William Lewis . I took the Prisoner in White-cross street, for the Rescue; and he offer'd to shew me where Robinson was, if I would go, and own'd that he was in Company with Hunt, when Rhodes was robb'd. The Night that Robinson was rescued, I went with Rhodes to a House in Holford's Alley; I looked through a broken pane of Glass, and I saw the Prisoner and Hunt by the Fire-side, and Hunt said B - d and W - ds Timms let us have some more Gin, and be merry with the Constable's Money.
Prisoner. By the Vertue of your Oath, did you see me rob Mr. Rhodes?
Prisoner. With Submission, I would beg leave that the Justice may be ask'd as touching the Character of the Prosecutor.
The Justice. As to his general Character I never heard the least Harm of him; he has always maintained a very good Character, and I believe him to be as honest a Man as ever liv'd.
Prisoner. I never was a Robber or a Rioter, and for this Fellow to swear against me, I know nothing at all of it.
Prosecutor. This Man keeps a common Two-Penny
John Atkinson . I have known him 6 Years; he was a Drawer at the Eagle Tavern in Dublin, and always behav'd honestly. I came to London with him, and treated him on the Journey Forty Miles, and he might have robb'd me, for I came up with 2 Guineas in my Pocket, and walk'd to see the Country.
Abraham Poland . I have known him ever since he came to London; I frequented Mr. Chillingworth's where he lodged, and never saw any Harm by him I keep a private House of 14 l. a Year, in Angel Court, Drury-Lane, and let it out in Lodgings.
Lewis. This Man keeps a common Baudy-House; he kept a Night-Cellar before he liv'd in this House.
Guilty Death .
9, 10. John Hurt , was indicted for stealing a Feather Bed, Value 10 s. two Boisters, Value 2 s. a Pillow, Value 1 s. a Pair of Sheets, Value 1 s. a Blanket, Value 9 d. a silk Gown, Value 1 s. a Linnen Counterpane, Value 1 d. a Stuff Petticoat, Value 1 d. 2 Holland Shifts, Value 2 s. a Pair of Stays, Value 1 s. the Goods of Christopher Smith , Dec. 2 . And,
Hurt Guilty, 10 d. Watson Acquitted .
Guilty 2 s.
Guilty 10 d.
13. Robert Parsonson , of St. George, Hanover-Square , was indicted for stealing 12 l. 8 s. the Money of Peter Wilkinson , in the Dwelling-house of the Right Honourable William Earl of Albemarle, Feb 8 .
Peter Wilkinson . I am a Helper in the Lord Albermarle's Stables . On the 14th Day of Feb. having Occasion for some Money, I went to my Box, which was in a Room where the Prisoner and I lay; and found the Hings of the Box strain'd, the Nails drawn, and 8 l. 12 s. 6 d. taken out of the Purse, and 2 Pieces of Iron put in the Stead. The Prisoner, and came again the Sunday following for Mr. Waggs, and I took him on Suspicion of robbing me. We took him into a Back Room, where he find every thing, that he had not much of the Money left, for he had bought a Coat, Waistcoat, and Breeches, 3 new Shirts, 2 Pair of Stockings, a Pair of Shoes, and a silver Stock Buckle; that he had paid his Landlady 2 Guineas, had given his Brother a Guinea, and the rest he would not give any Account of; but he own'd that he drew the Nails, strained the Hinges of the Box, and took 8 l. 12 s. 6 d. out of the Purse, and put 2 Bs of Iron in the Room
The Constable. The Prisoner confessed before Sir Edward Hill, that he bought these Things with the Prosecutor's Money; and that he put these Pieces of Iron into the Purse.
Guilty Death .
14, 15, 16. Hannah Courtney , otherwise Oliver , Ann Jones , and Ann Weyland , were indicted for stealing 2 Iron Rigtree Chains, three Iron Braces, and a Pair of Iron Sharpins , the Goods of George Lowton , Jan. 21 .
All Guilty 10 d.
Guilty 10 d.
Guilty 10 d.
Both Guilty 10 d.
23. John Davis , of Hendon , was indicted for assaulting John Brown on the King's Highway, putting him in Fear, &c. and taking from him a Cloth Great Coat, Value 5 s. the Property of the said Brown, and a sacking Bag, Value 2 s. Four Lambs, Value 40 s. a Mare of a Brown Colour , Value 5 l. a Leather Bridle, Value 12 d and a Pannel, value 18 d. the Goods of John Gold , February 6 .
John Brown. On the 6th of February, about 2 in the Morning, I was stopped on the Road a littleCobham-Deep , by 2 Men, but I can't say that the Prisoner is one of them, for it was very dark; they took me down into a Meadow and unhors'd me, took my great Coat off and ty'd my Hands and Legs I had nothing with me but 4 Lambs, which, together with the Horse I rode, they took away.
John Beard . I am a Butcher, on Friday the 6th of February, Mr. Dobey came to my House and asked me to kill 4 Lambs and sell them for him. I told him I would, and accordingly the same Night, they were brought to me by Thomas Charlton . the next Morning between 2 and 3 I went to Market, and heard that a Man had been robb'd of 4 Lambs, his great Coat and Bags; so I was determined to go and ask how he came by the Lambs which were in my Custody, but the Prisoner came with Dobey's Son to my House and was very eager for the Money. I went with him to an Alehouse, and he (the Prisoner) asked for a private Room, and said if I would let him have some Money, he would conduct (deduct) it when the Lambs were sold, that I might bury the Skins, and then no body could swear to the Lambs. He likewise said he should have some more Sheep and would employ me to kill and sell them for him. I then suspected the Prisoner, and we went to Dobey's House, and I sent him for a Constable, but before he returned the Prisoner attempted twice to escape from me, and said it would do me no Good to take his Life away.
John Dobey . On the 6th of February, the Prisoner asked me to kill 4 Lambs for him; I had been ill and could not, but promised to get them done for him; accordingly I sent them to Beard, and the Saturday following the Prisoners came to enquire for them. I sent my Son with him to Beard's House; Beard came to me and informed me that there was a Hue and Cry in the Market, that a Man had been robb'd of Lambs and Bags, so we got a Constable and secured the Prisoner.
Richard Austin . On the 6th of February four Lambs were brought to my House, and about 11 o'Clock the same Day, the Prisoner told me he would send a Person for them, but I was not at Home, when they were fetch'd away.
Prisoner. I know nothing at all of it.
Guilty , Death .
Guilty 10 d.
Guilty 10 d.
26, 27. John Copperfield , was indicted for stealing a brass Vessel belonging to a Fire-Engine, val. 26 s the Property of Eleanor Denew , Dec 14 . And William Greenwood , for receiving the same knowing it to be stolen . Dec, 20 . Both Acquitted .
29. Thomas Birch , of Paddington , was indicted for assaulting Peter Butler , in a certain Field and open Place, near the King's Highway, putting him in Fear and taking from him a Fowling Piece, val. 10 s. the Property of William Price and a Hat, val. 2 s. the Goods of Peter Butler '. November 28.
John Jay . On Friday the 28th of November, Peter Butler was employed to watch some Sheep, and hearing the next Day, that he had been very much beat and wounded, I went into the Grounds and saw the Skins of 2 Sheep, which I knew to be the Property of Zachary Brown .
Peter Butler . I was in Mr. Jay's Fields, a little before Christmas, about 9 at Night watching the Sheep, and I saw 4 Men come into the Field. They presently catch'd hold of a Sheep, and I thought to make the best of my way Home to alarm the Town, but one of them said, G - D - my B - d let us go and see if any Body is under this Hedge; so when I found I could not escape, I turn'd about and cock'd my Gun at them, but it miss'd Fire, then they came upon me, and ask'd me if I would shoot them; I said, I would if I could; upon that they laid on me, and cut me on the Head; then they tied my Hands behind me and threw me into a water Furrow. About a Quarter after 11 they left me, and one of them return'd to me, and swore if I made any Noise they would knock my Brains out. It was with the greatest Difficulty that I kept my Head out of the Water; I bled all the Time like a Pig, and desir'd the Prisoner who took away my Gun, to put my Cap on my Head for I was almost Dead.
Prisoner. Was it not Dark when you was Attack'd in this Manner?
Butler. It was dark when they Men came first into the Field, but the Moon rose before they left me, and it was as light as Day. The Prisoner was close to me all the Time, and when I was on the Ground he kneeled down to me, and said, What a Fool you was to offer to shoot us.
Prisoner. What did I say when you asked me to put on your Cap.
Butler. You swore bitterly if I spoke another Word, you would knock my Brains out. I lost
Prisoner. I never saw this Fellow before he came to the Barracks and took me.
Mr. Jay. I had an Information of some Soldiers at the Tower, and went with Butler to see them, but he would not swear to any of them. I had likewise an Information of some Men at the Savoy, and Butler pitch'd on the Prisoner as he stood Centry, and said, that was the Man that stood over him for 2 Hours, and took the Gun from him. Butler was so positive to the Prisoner, that he would have laid hold of him directly, but I went to inform the Serjeant of it, and before we returned, the Prisoner was gone off the Guard.
Prisoner. I am as innocent as the Child that is unborn
Jury. We desire Butler may be ask'd, whether he is sure, that the Prisoner took his Gun?
Butler. I am positive to him, for he stood over me at the Time, and took the Gun from me as soon as I was tied.
Guilty Death .
32, 33. Francis Chapman the Elder , and Francis Chapman the Younger , were indicted for stealing 14 lb of Tallow Candles, 19 lb. of Tallow, and other Things , the Goods of Richard Burgess . Feburary 5 .
Chapman the Elder, Guilty 4 s. 6. the Younger, Acquitted .
Gerrard Brooks. On Wednesday Night last, about ten o'Clock, I was coming from the Play, and had the Misfortune to meet the Prisoner in James-Street, Covent-Garden, and she prevail'd on me to go with her to the Rummer Tavern. We went up two Pair of Stairs, into a Room, in which was a Bed, where we staid the Drinking of 4 Pints of Wine: At last, I grew warm, and she desirous, and we went to Bed. I had not been in Bed ten Minutes, before I heard the gingling of a Purse, upon which, I suspected that she had pick'd my Pocket, for I had 19 Guineas, and a Roman Sequin in my Purse, in my Breeches Pocket, when I went to Bed. Immediately I got up, and took the Candle, and light it by the Fire, and in that Time, she took an Opportunity to take out of the Purse 4 Guineas and the Sequin, which was worth about ten Shillings. I call'd for Assistance, and search'd the Bed, and we found the Purse with only 15 Guineas in it, between the Sheets and the Bed. I charg'd her with robbing me, but she said she knew nothing at all of it, upon which I sent for the Beadle, and 2 or 3 more, to search her; but before we went away, the Money was found in the Room.
Prisoner, Did he not make me a Present of the Money?
Brooks. No, on my Oath I did not.
Prisoner. Had he his Purse in his Pocket when he went to Bed?
Brooks Yes, I am positive I had, for I took it out to change a Guinea just before I went to Bed, and I never slept at all.
John Forbes , Beadle, depos'd, That he was sent for to take the Prisoner into Custody; that the Prosecutor complain'd the Prisoner had robb'd him of 4 Guineas and a Sequin, upon which this Deponent search'd her as far as Decency would permit, but found nothing. That the Prisoner went to a Corner of the Room, where afterwards the Money was found. That the Prisoner being carried before Justice De Veil, cried very much, and desired the Prosecutor to forgive her, and not Prosecute her.
The Prisoner having nothing Material to say in her Defence, nor any Witnesses to call, the Jury found her Guilty . Death .
36. Thomas Hawkins , of London, Carman, was indicted, for that he, not having God before his Eyes, &c. in a certain Street call'd Cheapside , in the Parish of St. Michael Le Querce, on George Orchard , in the Peace, &c. did make an Assault, and he the said Hawkins, then driving a certain Horse, then drawing a certain Cart, the said Orchard to and against the Ground did cast and throw, and to him so lying on the Ground, with the near Wheel of the said Cart, on the Left Side of the
He was a second Time indicted by Virtue of the Coroner's Inquisition, for Manslaughter.
It appear'd, that the Prisoner was riding in his Cart with another Man, and that the Deceased attempting to cross the Way, was knock'd down by the Horse, and the near Wheel of the Cart going over his Head, he died on the Spot.
The Prosecutor not appearing, the Prisoner was Acquitted .
40. Richard Brabant , was indicted for that he, being a Person of a wicked and corrupt Mind, greedy of Lucre, &c. and unlawfully devising and intending to cheat and defraud James Martin , of London, Goldsmith , Robert Surman , of London, Goldsmith , and Richard Stone , of London, Goldsmith , of a great Sum of Money, viz 52 l. 10 s. of good and lawful Money, &c. and to get and acquire the same to himself; the said James Martin , Robert Furman and Richard Stone , being then concerned as a Company , in the Banking Business, and keeping Cash, and also then keeping a Public Shop: After the 24th Day of June, 1734, viz. January 1, 1740 , in the Parish of St. Mary Woolnoth , he the said Brabant, out of his wicked Mind, Intention, &c. made and forged, and caused to be made and forged, a certain Paper Writing, purporting a Note. Order, Power, or Authority, in the Name of James Tipper , for the Payment of Money, bearing Date, January 1st, 1740 41, and directed to Mr. Martin, and Company, authorizing them to pay to Tho Noble , the said Sum of 52 l. 10 s and place it to the Accompt of James Tipper : The Tenor of which false and forged Order, is contain'd in these English Words, Abbreviations of English Words, and Figures following.
Jan. 1st, 1740 41.
l. s. d.
52 10 0
'' To Mr. Martin and Con.
Thereby meaning and intending, that the said James Martin , &c. should pay him the said Brabant, the said Sum of 52 l. 10 s. Whereas in Truth and Fact the said Paper or Writing was never subscribed by the said James Tipper , against the Peace, &c. in Contempt of our Lord the King and his Laws, and against the Form of the Statute in that Case made and provided.
The Jurors further present, that he, the said Brabant, being a Person of a wicked and corrupt Mind, &c. afterwards, viz. Jan. 1, secretly, feloniously, &c. the same did utter and publish, he well knowing it to be false, forged, and counterfeit, &c.
He was a second Time indicted (as above) for making, and causing to be made, a certain false and counterfeit Order for the Payment of 10 l. 10 s in Order to defraud James Martin and Comp. of the said Sum. The Tenor of which forged Order, is contain'd in these English Words and Figures following.
Dec. 31, 1740.
l. s. d.
10 10 0
To Mr. Martin and Com.
The Indictment farther charged, that he, the said Brabant, the said forged Order did publish, well knowing the same to be false, forged, and counterfeit.
Clark. Yes, he keeps Cash at my Master's; the Prisoner was his Book-keeper.
Councel. Do you remember the Prisoner's coming to your Master's Shop with Draughts for Money?
Clark. Yes, on the 31st of December last, he brought me this Note for ten Guineas, and I paid him.
Councel. Look on the Name at the Bottom: whose Name is that?
Clark. I took it to be Mr. Tipper's Handwriting, otherwise I should not have paid the Prisoner.
Councel. Did he bring any other besides this ten Guinea Note?
Clark. Yes, the Day afterwards (New-Year's-Day) he brought another for 50 Guineas, and I paid it to him.
Councel. You keep New-Year's-Day as a Holiday; did he make no Excuse for coming then?
Clark. He said his Master was going out of Town, and desired it might be paid.
John Ellis . I know Mr. Tipper very well, and am acquainted with his Hand writing.
Councel. Look on those two Notes; do you take those Notes, or any Part of them, to be Mr. Tipper's Hand-writing?
Mr. Ellis. No, neither the Signing, nor the Body of the Notes. I have been conversant with his Hand above 20 Years, and have seen him write a hundred times.
Councel. Do you think those Notes were wrote by Mr. Tipper?
Mr. Goodeve. No, I am of Opinion they are not, for this Reason; this seems to be wrote after some Copy, and is a stiff Sort of a Hand.
Mr. Ellis. I observe there is a Sriffness, as if the Person was got into an unusual Course: It wants the Freedom of an Original; they are pretty well done, but there is a Heaviness which will be in all Copies.
Mr. Clark. The Prisoner brought the Note in the Forenoon to our Shop.
A Witness. I have known Mr. Tipper 4 Years, and am frequently with him at the Water Side when Tobacco's are weigh'd.
Councel. Do you think those Notes are his Hand-writing?
Witness. No, I believe not. The Prisoner was employ'd by my Master (Mr. Tipper) to write and improve me in Accompts: He had a very good Hand at imitating, for I have heard him say, he could do any Gentleman's Hand if he saw it but once, to such an Exactness, that it should not be distinguished from the Original. I saw him counterfeit a Gentleman's Hand from a Frank so nicely, that I could not discern the Difference.
Prisoner. I am innocent of the Affair; I only desire Mr. Tipper would give me a Character.
Mr. Tipper. I am a Tobacco-Broker. The Prisoner was recommended to me as a Person out of Place, and wrote a good Hand. While he was with me he behaved very well, and I had not the least Reason to suspect him. On the 30th of Dec. last I had Occasion to go down into Essex, and left the Prisoner in Care of my House: I returned on New-Year's-Day at Night, and the Prisoner had left the House and taken the Keys away with him, so that I was forc'd to set a Ladder up against the Window, and put a Boy in.
Councel. Did you leave any Letter which you had wrote in the Prisoner's Custody.
Mr. Tipper. Yes, I left a Letter open, and ordered him to insert some Particulars, but when I came Home it was not done.
Councel. Look on those Notes; are either of them your Writing?
Guilty on both Indictments, Death.
Both Acquitted .
45, 46. Hannah Robinson , and Dorothy Middleton , of St. Mary, Whitechapel , were indicted for breaking and entering the House of Thomas Reveley , about the Hour of two in the Night, and stealing ten Pewter Plates, a large Pewter Dish, a Pair of Brass Candlesticks, a Pair of Tongs, an Iron Poker, a Pair of Bellows, a Knife, a Heater, 4 Pair of Worsted Stockings, a Pair of Pattins, a Table Cloth, 4 Pewter Spoons, a Pewter Pan, an Apron, a Hat, a Copper Tea Kettle, a Copper Coffee Pot, a Stew Pan, a Pot-Lid, and 2 Silver Tea-Spoons, the Goods of Thomas Reveley , and a Hat and a Cambrick Cap , the Goods of Wm Macneal , Feb 18 .
Thomas Reveley . About three Weeks ago, I can't tell the Day, I made all my Doors fast, and went to Bed, and in the Morning when I got up, my House was broke open, and robb'd of the Things mentioned in the Indictment. Some Time afterwards the Prisoner Robinson brought me two Spoons, a Knife, and a Heater, and begged to be admitted an Evidence.Robinson Home with it. Than Middleton and I went backward, to get into the Kitchen; out the Window which looked into the Yard being shut, she forced it open with a Fork, and put me in, and I opened the Door to her. We took from thence ten Pewter Plates, and a great many other Things, and delivered them to Robinson, who carried Home as many of them as she could at a Time. When all these Things were carried away, and we were going Home, Middleton who had been the old M Lodger, ran up Stairs with a Knife in her Hand, and said, she would kill the old Man and his Wife, for she knew they had Money in a Corner Cupboard, and she certainly would have done it, if Robinson and I had not pulled her down Stairs.
Middleton. Did I ever propose killing Mr. Reveley?
Reynolds. Indeed you did; - I have said nothing out the Truth.
Mary Macneal . I lodge in Reveley's House; when the Prisoners were taken, my Cap was found hanging on a Line in this Middleton's Room, and my Hat was on one of their Heads, when they were before the Justice. The Prisoner Middleton lodged at Reveley's about two Years ago.
48. of London , Gent. was indicted for that he not having God before his Eyes, &c. on the 28th Day of Jan in the Parish of St. Paul, Covent Garden , on Alexander Watson , in the Peace, &c. feloniously, willfully, and of his Malice aforethought, did make an Assault, and with a certain drawn Sword made of Iron and Steel, value 12 d. which he the said V - in his right Hand had and held, on the inside of the left Thing of him the said Watson did strike and stab, giving him then and there, &c one Mortal Wound of the Breadth of one Inch, and Depth of 6 Inches, of which from the said 28th of Jan to the 16th of Feb. he languish'd, and languishing liv'd, and then in the said Parish of St. Paul, Covent-Garden, died.
He was a 2 d Time indicted on the Statute of Stabbing;
It was read.
'' George the 2d, by the Grace of God, &c. '' To the Bearer of the Bargess of our Household, '' Officers, and Masters, &c. We command '' you, and ever of you, to take the Bodies of '' V - A - , and John Doe , and bring '' them before us, &c.
Stainbank. I gave this Writ into the Plaintiff Mr. Turner's Hands, and at that Time, the Deceased Watson was one of the Bearers of the Verges.
Thomas Turner . This was a Debt which was contracted in the Years 1731 and 32, by the Prisoner and his Mother. In the Year 32, I took a Joint Note of the Prisoner and his Mother, and in Dec. following, I took a Joint Bond of them. I waited six Months after it became due, and then added the Interest and the Principal, and took a Joint Bond in Dec. 33, and in Easter Term 36, my Father obtained a Judgement against the Prisoner in the Court of Common-Pleas. In the Year 38, I (being Administrator to my Father) employ'd a Man to watch the Prisoner a long Time, but to no Purpose, for he liv'd at Whitehall, in the Verge of the Court. But in Jan. last, I was informed that I might take him in the Piazza in Covent-Garden; upon that I got a Marshal's Court Writ, and gave it to the Deceased to Execute, on the 27th of Jan. about 8 in the Evening; at the same Time desiring him to use Mr. V - handsomely, and not expose him.
Councel. Who gave you the Information where you might take Mr. V - ?
Turner. The same Person whom I had employ'd to watch him; he came to me the 27th of Jan. and told me he saw Mr. V - go into a House in the Piazza, upon that I gave Watson the Writ, and the next News I heard was that he was wounded.
Thomas Watson . The Deceased Alexander Watson was my Father. On the 28th of Jan. between 7 and 8 in the Evening, Mr. Turner gave my Father this Writ in the Piazza, Covent Garden, with Orders to execute it on the Prisoner, and to use him well. We waited from 8 o'Clock till 4 in the Morning, before Mr. Fry's Door, and then the Prisoner and four other Gentleman came
Councel. How could you at 4 in the Morning discern all this?
Councel. Who was with your Father?
Prisoner's Q Where did your Father stand when I came out?
Watson. We all stood in the Piazza, and when Mr. V - came out, Jenkins said, That is the Man, and my Father follow'd him alone.
Pris. Q Did you apprehend it was difficult to get at me?
Watson. Yes, I have heard Turner say, he had a deal of Trouble.
Pris. Q Was there any Noise or Disturbance in the Street?
Watson. No, it was very still and quiet, so that a Voice might easily be heard.
Thomas Linney . On the 27th of Jan about 9 at Night. I was at the Blue-Posts Alehouse in Covent Garden, and the Deceased came and desired me to assist him to arrest a Gentleman who lived in the Verge of the Court. I went with him into the Piazza, and staid till 4 in the Morning, and then Mr. V - with 3 or 4 more came out of Mr. Fry's House. Mr. V - parted with his Friends, and went towards James street, the Chairman ( Evan Jenkins ) said, That is the Man, and the Deceased said he would speak to him in a handsome manner; accordingly he went up to the Prisoner, pull'd off his Hat and said, Mr. V - . your humble Servant, I have a Warrant against you. Immediately the Prisoner dropp'd his Cane, drew his Sword, and stuck him directly
Councel. Was there no Provocation given?
Linney. No. none at all, no body spoke to him but the Deceased, for he bid us keep at a Distance. As soon as the Deceased was stabb'd, he cry'd out, I am killed, I am stabb'd! and the Prisoner attempted to get back to Mr. Fry's, but I follow'd him, and kick'd up his Heels.
Councel. Was the Prisoner thrown down before, or after the Wound was given?
Linney. It was after the Deceased cried out, and the Prisoner was running away.
Councel. Did you observe with what sort of Weapon the Wound was given?
Linney. It was a three edg'd Sword; I believe this is the same, but when I saw it, it was all over Blood
Councel. By what Light did you see all this?
Linney. It was light enough, and I was within 2 Yards of them all the Time.
Councel Did the Deceased assault Mr. V - ?
Linney. No, he never touched him at all, but spoke to him very civilly.
Councel. How long did the Deceased live after this?
Linney I believe he might live about three Weeks.
Councel. Was there any Noise or Tumult in the Street at this Time?
Linney. No, there was not a Soul stirring, till we called the Watch.
Councel. Are you positive there was no Provocation given?
Linney. No other than the Deceased's telling him he had a Warrant against him, and immediately the Prisoner stabb'd him, and ran away as fast as he could, and his Hat and Wig fell off.
Mr. Perkins, Surgeon. I did not attend the Deceased in his Life Time, but was present and opened the Body after he was dead. I observ'd a Wound on his Thigh, which penetrated 5 or 6 Inches downwards, and had passed the Crural Artery. There had been a counter opening made by the Surgeon who attended him, for the Discharge of Matter; I examined it, and on the opposite Side, I found a large Quantity of Matter, and a Mortification begun. I th en open'd the Abdomen, and on examining the Intestines, I found a large Quantity of Pus or Matter, in one of the Kidneys, and likewise in the Lobes of the Lungs; and on inspecting the Stomach, I found above half a Pint of Corruption ting'd with Blood.
Councel. Do you think that this Wound was the Occasion of his Death?
Mr. Perkins. I can't say it was the immediate Cause of his Death.
Councel. Is it your Opinion, that this Man would have died by any Disorder that was on him if he had not received this Wound?
Mr. Perkins. No, I believe he would not.
Mr. Price, Surgeon. I was sent by the Prisoner to take Care of the Deceased the Day after he received the Wound. It was about 3 Inches below the Groin in the middle of the Thigh, and
[Pages missing in original.] was almost closed up; I dilated it to promote a Discharge of Matter. The next Day the Wound had a good Aspect, but he was feverish, and troubled with a Looseness; and continued to till the 3d of this Month, and then I observ'd a Hardness about the Wound. The Fever and Looseness ( notwithstanding our Applications) increased daily more and more, to the Day of his Death, but the last Time I saw Mr. Kilpatrick dress the Wound, it was in as good a State of healing as possibly could be, and from that Time I never saw the Deceased any more.
Councel. In your Judgment did the receiving this Wound contribute to his Death?
Mr. Price. In the whole Course of this Wound, I did not observe any Symptoms which I can fairly say were the Occasion of his Death. He had the Looseness after we had remov'd all those Symptoms from the Wound.
Jury. We apprehend that the Deceased was of a bad Constitution, therefore do you not imagine, that so great an Effusion of Blood, might occasion his Death?
Mr. Price. A little Blood makes a great Shew, but I am very certain, no large Vessel was wounded, for the first Application we made was only a bit of Lint, about the bigness of a 6 d. and a Plaister.
Councel. Do you not imagine that the Loss of so much Blood occasioned the Loosness.
Mr. Price. No, I don't know but that it might prolong his Life, for in the Loosness the first Thing I could have done to relieve him, must have been to have taken Blood from him
William Kirk. I knew the Deceased very well, and saw him the Day before his Death; I looked on him before he received this Wound, to be as hearty and strong as any Man. He never made any Complaints, but went about his Business, and always had an exceeding good Appetite. I saw him after he was wounded, and likewise his Breeches, Shoes and Stockings, and I believe he had bled a Hat full.
Thomas Watson . When the Surgeons gave my Father his Physic, it brought a Loosness on him, for he never had one before. Before he receiv'd this Wound he was very hearty, and I never knew him have a Day's Illness in my Life.
Isaac Itorno I knew the Deceased 10 or 11 Years, and used to see him every Day. I was with him a Day or two before this Accident happen'd, at the Sun in Russel-street, he appear'd then to be strong and hearty, and made no Complaints, but eat and drank well.
Mary Thomas I lived in the House with the Deceased three Years, and he was as well as any one here, before this happened. I attended him in his Illness, and he never was out of his Bed but once, to take a Vomit, and then he was so bad, that he was forced to go to Bed again.
Edward Mount . I am an Engraver. On the 28th of January, between 4 and 5 in the Morning, I had been Gaming at the Lady Castile's, and coming through the Great Piazza, Covent-Garden, I saw Mr. Fry's Door open, and the Prisoner and some others come out; and immediately I heard Watson say, D - me, there he is! The Prisoner parted with his Friends, and turned towards James-street; Watson hid himself by a Barber's Shop, and then they all rushed on Mr. V - in the hottest Manner. They presently got him to the Ground, and then I heard them say, D - n you, you Dog, I have a Warrant against you! And soon afterwards I heard Watson complain he was stabb'd. It was a very still Morning, and if any Person had come up to him, and told him of a Writ, I must have heard it.
Councel. Did you hear any Body cry, he was stabb'd, before you heard of the Warrant?
Mount. They said nothing about a Warrant till Watson complain'd of being stabb'd. Mr. V - said, he thought they were Thieves, No, d - n you (said he) I have a Warrant against you. I was so near, and the Night so still, that I could hear and see every Thing that passed.
Councel. Did not you see the Prisoner run away without his Hat and Wig?
Mount. No, he did not run away, but I saw him without his Hat and Wig. - They all rush'd on him at once; and I saw no Sword drawn, but I heard Watson say, he was stabbed.
Councel. When did you make this Discovery?
Mount. I went to Mr. Fry's, Two or Three Days afterwards, and told him what I had seen.
Mr. Kingston. I have known the Prisoner 7 or 8 Years; he lives in Scotland Yard, but I never apprehended that he lived there for Shelter, for he always went abroad as other Gentlemen go. As to his Temper, I never saw him in a Passion in my Life; and don't think he would do a Fact of this Nature.
Van Blake . I have no Reason to think the Bailiffs were in any Danger of losing him, for he is lame, and not able to make the least Speed, so that a Man that walks fast may easily get Ground of him. As to his Temper, I never knew him to be quarrelsome or rash, but rather the reverse.
Mr. Clark. I have known the Prisoner from a Child: He dined with me the Day this Accident happened. As to his Character, I always took him to be a good, honest Man, and one that would pay every Body; but his being Security for his Mother, brought him into some Trouble, more than any Extravagance of his own.
Mr. Van Blake . Mr. V - supped with me at Mr. Fry's, and staid till 4 o'Clock the Night this Accident happened. I have known him ten Years, and did not apprehend that he was in any Fear of an Arrest: I have been to several Coffee-Houses with him, and he never seemed shy in the least, but always sat in the public Room frequently two Hours together. I always found him to be a good natur'd, humane, generous Man, and don't think he would draw his Sword on a Man without some Surprize.
Mr Trion. I have known Mr. V - from his Childhood. He always appear'd publickly without any Interruption; and I don't believe that he lived at Whitehall for Shelter. I always took him to be a very sweet Tempered Man.
Edward Rushworth . I have known him about a Year and a half, and came acquainted with him by applying to him for a Debt due to a Relation of mine. He told me how his Circumstances were, and I said I would not press him for the Money, and from that Time he never secreted himself from me.
Mrs. Knight. I live at Mr. Blake's. I remember Mr. V - 's being at our House; he staid till 4 in the Morning, and then I lit him to the Door, where he staid talking ten Minutes, and his Friends turned towards Russel-street, but he went up James street. He did not seem to be under any Apprehension of an Arrest, but came frequently to our House, and if any Stranger had asked for him, I should have called him down or let him have known it
Mr. Rayswell. I supp'd at Mr. Blakes with the soner. We staid 'till 4 in the Morning, and then came down to the Door together where he staid some Time pressing me to go Home with him. I have known him several Years, and he has not been used to secret himself.
Mr. De Viel. Mr. V - was brought before me and gave the same Account, as he has done here. I knew the Deceased and his Housekeeper Mary Thomas . Mrs. Thomas bears a very bad Character, and I have had her and the Deceased before me for Felony: The Son ( Tho Watson ,) hath been before me, but I can't recollect the Particulars.
Capt. Nevet. I have known the Prisoner upwards of 10 Years; he frequently came to my Lodgings, in Arundel street, and commonly came on Foot. I always took him to be of a very mild Disposition.
Mr. Revis. I have known him 4 Years, and always thought him a very honest Man.
The Jury withdrew and after a short Time returned and found the Prisoner Guilty of Manslaughter .
49. Ann Smith , was indicted for stealing a Sword with a silver Hilt, the Property of Benjamin Robins , a pair of leather Shoes, a pair of Thread Stockings, a Beaver Hat, and 2 Scarlet Cloaks , the Goods of William Hay , Nov. 27 .
Guilty 10 d.
51. John Burdus , was indicted for stealing a pair of Cloth Breeches and a pair of silver Knee-buckles, the Goods of Frederick Besser , and a silver Chain belonging to a Coral , the Property of John Richer , Jan. 9 .
Guilty 10 d.
52. Thomas Tanner , was indicted for stealing 4 brass Nobs, a Coach Seat, Cloth, and a brass Hinge, the Goods of Joseph Girdler , Esq; Serjeant at Law ; and 4 brass Knobs, and a Coach Seat Cloth, the Goods of William Hamilton , Esq ; in the Stable of John Tea , Feb. 1 .
Guilty 4 s. 10 d.
William Walter , and 4 Bushels of Malt , the Property of John Johnson , Jan 17 . Acquitted .
56, 57. William Canterbury and Peter Mason , were indicted for stealing (with William Warner, not yet taken) 1 C lb. Lead, 2 brass Cocks, and 4 Bushels of Barley Malt , the Goods of Rich Thornhill , Richard Staples and Charles Baker , Feb. 10 . Both Guilty 4 s. 10 d
62. David Stochbury , alias Touchbury , of Stepney , was indicted for that he not having God before his Eyes, &c. on the 6th of January , on James Porter , in the Peace, &c. feloniously, wilfully, and of his Malice afore thought, did make an Assault, and with a certain Poinard or Dagger made of Iron and Steel, val. 6 d which he in his right Hand had and held, on the Breast, under the left Pap, between the 6th and 7th Rib of him the said Porter did strike and stab, giving then and there, &c. one Mortal Wound, of the Breadth of half an Inch, and Depth of 5 Inches of which he instantly died .
He was a 2d Time charged, by Vertue of the Coroner's Inquisition, for the Wilful Murder of the said Porter
John Galcoigne . On the 6th of January, about 10 at Night, I and 3 more were going along Whitechapel , and saw 2 Men which proved to be the Prisoner and John Simkin knocking at the Three Crown's Door; immediately Simkin rushed on me, and knock'd me down, and hearing the Deceased's Voice in the House, as I lay on the Ground, I called him to assist me, but I did not see him till I saw him dead in the Rose and Crown Alehouse.
Councel. Did you see the Prisoner strike the Deceased?
Galcoigne. No, I was fighting with Simkin.
Councel. Was you present when the Prisoner was before the Justice?
Galcoigne. Yes, and this Tuck was shewn to him; he own'd it, and said it was given him by his Father to one Lloyd who went with him to Bromley, and that he brought it all the Way back to the Place where the Murder was committed.
Henry Hollaly . I am a Headborough, belonging to Mile End Old Town On the 6th of January, I was in Company with the Deceased, and some others, and did not miss him out of the Company 'till I went away. I parted from the Company about 10 o'Clock, and going by the Rose and Crown, I saw 2 Men scuffling together; I went a little farther to the Anchor and Crown, and saw 2 other Men fighting. I turn'd about, and a Woman came out of the Rose and Crown, and said Porter was murder'd; I went into the House, and found him sitting by the Fireside, and the Prisoner standing by him: The Prisoner, said he, had been abused, and desired I would take his Part; the Deceased turn'd up his Eyes, and fell down; I saw some Blood on his Coat, and on stripping his Coat open, the Blood flow'd from him: I then ask'd the Prisoner if he had done it; and he said, he had been Fighting with him, and had done it.
Councel. Was it before or after the Deceased fell from his Chair that this pass'd.
Hollaly. I think it was after I had seen the Wound; I said Child, I hope you have not been Fighting and done this, and he said, yes, I have. After this, I search'd the Prisoner, but found no Weapon on him; upon that, I got a Candle and Lanthorn, and went to the Door, and a Person who was with me, found this naked Tuck, all dirty and bloody. I shew'd it to the Prisoner, and ask'd him if he knew it; but I was then deaf, and could not hear whether he made any Answer. The next Morning he was carried before Justice Ricards, and said there, that his Father lent that Weapon to Mr. Lloyd, of Bromley, who gave it back again into his Hands.
Sarah Campion . I was coming out of my own House, and saw the Deceased come out, and stand within the Step of the Three Crown Door. There were two Men fighting at the Door, and a third Man, which proved to be the Prisoner, stepp'd up between them; but the Deceased, push'd him off, and drove him by the Shoulders into the Rose and Crown, and never left him. Soon after this, I heard the Deceased's Wife scream out; I ran into the House, and saw the Deceased ( as I thought ) dead, and the Prisoner standing by the Fire. The next Morning the Prisoner was carried before Justice Ricards, and said, his Father lent the Weapon to Mr. Lloyd, of Bromley, that Lloyd gave him and another 6 d. a-piece, and a Tankard of Beer to see him Home, and that he brought the Tuck all the Way back himself.
Councel. Do you think that the Deceased push'd the Prisoner off in Order to keep the Peace?
Campion. Yes, I believe it was to prevent his Interposing.
Francis Green. On the 6th of January the Deceased was at my House, in Company with Mr.
Councel. Did you ever hear the Prisoner own the Dagger
Green. The first Time it was shewn to him, he deny'd it, but before the Justice, he own'd that Lloyd deliver'd it to him, and that he brought it all the Way to the Place where this happened.
Ann Porter , the Deceased's Widow My Husband had parted with the Company, and we were going Home to Bed; He went into the Rose and Crown, and I had hardly turn'd myself round, when I heard a Noise like 2 Men striving together; I turn'd into the Entry, and met my Husband holding the Prisoner. When I came in, my Husband let the Prisoner go, and said, There, that is he that has kill'd me, and pointed with his Finger to the Wound; he then fix'd his Eyes on the Ceiling, and never spoke Words more.
Councel. Did your Husband speak loud enough for the Prisoner to hear, when he said, That is the Man?
Porter. Yes; and the Prisoner said nothing at all to it.
Charles Ward . On the 6th of January, the Deceased, and some other Friends had been at Supper: About 10 o'Clock, he left the Company, and in a few Minutes, News was brought that he was murdered. I went to the House where he was, and saw him dead, and the Prisoner standing by the Fire. We got a Light, and went out of Doors to look for the Weapon, and I pick'd up this Tuck all dirty and bloody, within six Yards of the Door.
Prisoner's Q. How came you to go to the Watch-House?
Marsh I live at Mile End, and going by the Watch-House, I saw a Croud, and look'd in. I ask'd the Prisoner what he was in there for, and he said, I am the Person that kill'd the Man
Councel. Did you ever speak to the Prisoner before?
Marsh. Yes, I serv'd his Father with Hay.
Mr. Martin, Surgeon I was call'd to examine the Deceased, and to assist Mr. Woodward in opening the Body. We found a Wound about half an inch broad, between the 6th and 7th Rib, which was mortal, and on dilating the Thorax, and making an Incision in the Ribs, a large Quantity of Blood gush'd out, and we likewise found the Diaphragnia pass'd through. This Tuck was produced at the Opening of the Body, and by outward Inspection, tally'd exactly with the Wound.
Richard Peers . I live next Door to the Rose and Crown, and hearing a Cry that Porter was murder'd, I ran in, and saw the Prisoner standing by the Fire-side; I said, sure young Touchbury, it is not you that have done this! He made no Answer, but the Deceased pointed to him, and said, That is he, and died instantly.
Councel. Was you present when the Weapon was brought in?
Hiat. Yes, and it was shewn to the Prisoner, but he deny'd that it was his.
Ephraim Holton . I was at Mrs. Thorpe's, the Rose and Crown, and heard a Noise like Men fighting; presently the Deceased brought the Prisoner in seemingly by Force; but I did not hear him say any Thing.
Mrs. Thorp. I keep the Rose and Crown. On the 6th of January, I went out of Doors, and saw the Prisoner and the Deceased scuffling together. The Prisoner had some Blood and Scratches on his Face, and without either Hat or Wig. The Deceased came into the House, and said, he was stuck, but I did not hear him charge the Prisoner with his Death.
Councel. Did you go in before the Prisoner and the Deceased?
Thorp. Yes; and they followed me into the Entry.
Councel. Did you hear what the Deceased said in the Entry?
Thorp. No, I did not.
John Marsh . I was going from the Rose and Crown, to the Three Crowns, and on one Side of the Path, I saw the Deceased, and another, (whom the People said was Touchbury's Son) struggling together. There were Blows between them, but how many I can't tell. I went on a little farther, and saw Gascoigne and Simkin on the Ground. I took up Simkin, and went into the Three Crowns, where I saw the Prisoner sitting
John Simkin . On Monday Night, I had done Work, and just at the Three-Crowns Door, Gascoigne tought with me, when we were on the Ground, he called Porter to assist him, and he came up and fell on young Mr. Touchbury.
Simkin. No, I don't remember any Thing of that, She never spoke a Word that I heard. When I saw the Prisoner that Night, his Cheek was Bloody, and to the best of my Knowledge, Blood came out of his Ears.
Councel. How long was Gascoigne engag'd with you, before he called the Deceased to his Assistance?
Simkin. I had but one Blow before Porter came out; we were just going at it as he came out.
Councel. Was you on the Ground or not? you said just now you was on the Ground.
Simkin. I was not quite down nor quite up; the Coat I had about me was enough to fling me down.
Councel. Was you not on your Back, and had not Gascoigne his Hand in your Collar?
Simkin. Yes, he had his Hand in my Collar to be sure.
Councel. If you was on the Ground how could you see what Porter was doing?
Simkin. I was not quite down; - I was three Parts up, and three Parts down.
Councel. Did not you and Gascoigne close together?
Simkin. Yes, and when we were on the Ground, he was uppermost, but that was after Porter came out.
Councel. Do you remember the Prisoners having a Dagger.
Simkin Yes, I went with him and Lloyd to Bronnly, and Lloyd gave it into his Hands.
John James . I went to the Watch House with the Prisoner and saw that his Face was bloody, his Head was broke about his Temples, there was some Blood in his Ear, and a Bruise in his Neck. His Cloaths were very dirty, and look'd as if he had been tumbled in the Dirt. I have known him ever since his Birth, and never knew that he was quarrelsome.
Francis Green. I perceived only a little Blood on the prisoner's which might come from the Deceased.
Guilty. Manslaughter .
63, 64. John Eddleton , and Will Brown , were indicted for stealing 2 Grissel Perukes, the Goods of William Tillavala , 2 brown Perukes, the Goods of Hardingham Newman; 1 Peruke, the Property of John Davis , in the Shop of John Priest , Jan. 26 . And,
All Guilty .
Mr. Malleson. On the 28th Day of last Month, the 2 Prisoners came into my Shop, and asked for Handkerchiefs; I shew'd them several and they bid Money for one or two, and presently I saw the Prisoner King draw a Piece of Handkerchiefs off the Counter with her right Hand. When she had done this, I rapp'd with the Yard on the Counter for one of my Servants to come down, and bid him go into the Back Shop to tie up some Irish Cloth, at the same Time giving him the Wink to observe the Motions of the Prisoners. I cut the Prisoner Arm a Handkerchief, she borrowed 1 s. of the other to pay for it, and they both went away together. I immediately got over the Counter, and saw there was nothing on the Ground; I then pursued the Prisoners and brought them back, and just as I brought them to the Threshold of the Door, the Prisoner (King) dropped the Goods.
Pris King. I went with this young Woman (Arm) to buy a Handkerchief, and she not having Money enough to pay for it, I lent her some. There was another Woman in the Shop at the same Time.
Mr. Malleson. There was another Woman in the Shop, but this very Piece I saw the Prisoner off the Counter, and the same Piece I saw her drop at the Door.
Both Guilty, 4 s. 10 d.
Paul Chenebie . On Monday, the 9th of this Month, about ten at Night, I was going Home with Mr. Debue, and stopped at the Entrance of Coventry Court , to speak to him; immediately the Prisoner snatch'd off my Hat, and ran away; I pursued him into an Inn in the Hay Market, and saw him throw the Hat over my Head.
- Debue. On Monday the 9th of this Month, I was going with the Prosecutor from Leicester fields. He stopped to speak two or three Words with me at the End of Coventry Court, and the Prisoner took off his Hat, and ran away: I pursued him into an Inn, and I saw him throw the Hat away.
Prisoner to Chenebie. Was I Drunk or Sober?
Chenebie Very drunk he could not be, because he ran very well; and very sober he could not be, because he ran into the Inn, as a Mouse into a Trap.
Guilty to the Value of 6 d.
Benjamin Tucker . On Christmas Day, about 3 in the Morning, I happened to meet the Prisoners in Drury Lane . We went to the Grey-Hound Inn, and went to Bed together, and I am sure I then had my Watch in my Pocket. About 5 in the Morning I 'wak'd, and missed Madam and my Watch too, and upon Examination in the House, I found she had given the Maid a Shilling to let her out, and had left a Hat and a Pair of Stockings behind her. She was afterwards apprehended, and confessed that she had taken it, and given it to one Cummins for a Guinea and a Half. She offered me a Crown in this Man's House not to prosecute her.
Prisoner. A wicked, vile Man; he was as drunk as any Thing, and had other Women before me.
80, 81. John Corderoy , and Richard Venables , were indicted for breaking and entering the House of George Rose , between 11 and 12 at Night, and stealing 3 Wooden Bottles, value 4s. 3 Gallons of Brandy, value 27 s. and 3 Gallons of Rum, value 27 s. the Goods of George Rose . January 17 .
Robert Goodenough . On the 17th of January between 11 and 12 at Night, the two Prisoners and I went to Rose's House Corderoy broke up two Boards, and got into the Cellar, and fill'd three 2 Gallon Bottles, almost full with Rum and Brandy; he gave them to me, and I handed them over the Pales, to the Prisoner Venable's House, and bottled some off, and the next Night we made Punch of the Brandy.
Both Guilty Felony only .
Edw Thorne. I am a Dyer , and live in Butcher-Hall-Lane . On the 13th of February, about 8 at Night, I was call'd Home, and inform'd that I had been robb'd. I found the Prisoner in my House, in Custody of these Men, and in going into my Back Garret, I missed the Goods mentioned in the Indictment, but on going into the Fore-Garret, I saw the Dussel Coat hanging on a Neighbour's Sign-Iron.
James Brooks . As I was going along, between 7 and 8 in the Evening, I saw a Bundle of Cloaths or something like it, come out of Mr. Thorne's Garret-Window. A Man who was before me, pick'd them up, and we carried them in, and while we were talking to Thorne's Apprentice, the Prisoner ran out of the House. We sent the Boy after him, and he was brought back; and then I went away.
John Cleveland . I was standing over-against the Prosecutor's Door, and saw a Bundle come from the Top of the House. As soon as they fell, a Man took them up, and was going with them towards Newgate-Street, but, on my crying Stop Thief! he dropp'd them into the Kennel, and ran away, and I carried them into Mr. Thorne's House. Just as I got to the Door, and was going into the Shop, the Prisoner rush'd out of the Entry, and ran away as fast as he could. The Apprentice follow'd him, crying Stop Thief! and under Alders-gate he was taken.
Prisoner. Has the Prosecutor no Lodgers?
Mr. Thorne. Yes, I have Lodgers, but they have lived in my House some Time.Edward Spencer attempted to stop him, and he cut him down with something that he had in his Hand.
William Wheeler . I was at work between seven and eight o'Clock, and hearing a Cry of Stop Thief! I ran out, and saw the Prosecutor's 'Prentice pursuing the Prisoner. I followed them, and saw the Prisoner strike at Edward Spencer , and cut his Hand. He then ran down to Aldersgate, and attempted to go through the little Postern, but two Men coming by a-breast, he was stopped and taken.
Edward Spencer . I was at work in Angel street, and hearing a Cry of Stop Thief! I went to take hold of the Prisoner, who was running very fast, and with a Knife or Hanger, I can't teil which, he cut me a-cross the Hand.
Prisoner. I was going along, and these Men came after me, and said I was the Man that cut the other Man's Hand, and I knew nothing at all of it.
Guilty to the Value of 15 s.
83, 84 Mary Brown , and Mary Langley , were indicted for assaulting Catherine, the Wife of John Yoward , putting her in Fear, &c. and taking from her a silk Handkerchief, Value one Shilling , the Goods of John Yoward . January the 19th.
Catherine Yoward On the 19th Day of Jan. I went to the Prisoner Langley's House in Cat-Alley, Long-Lane , to enquire for my Husband. The two Prisoners were standing by the Fire, and another Woman ( Mary Highdutch ) who was sitting in the Corner, flew upon me, and one of them said, let us cut the B - 's Nose off; upon that they knocked my Head against the Wall, and I ran out into the Court, and they after me; I clapped my Hands round a Post, and the Prisoner Langley swore she would have something; upon that she snatch'd off my Handkerchief, and ran a-cross the Way, to the Prisoner Brown.
Both Acquitted .
Mr. Bull. The Prisoner lived with me about 2 Years and half as a Porter , and 'till very lately behav'd well. About a Month ago I had some Suspicion of him, and carried him before Sir John Thompson, at Guildhall, where he confess'd that he had robb'd me, but said that he had not taken above 5 or 6 lb. of Tea at a Time.
Guilty , Felony.
86. Jane Jennings , was indicted for breaking and entering the Dwelling House, of John Gregory , about the Hour of 12 in the Night, and stealing a Copper Pot, Two Copper Saucepans, the Goods of Ann Stancliff , 2 Saucepans, 1 Tea-kettle, 2 pair of brass Scales, 7 lb. of Lead, a 3 qrs. lb. wt. a Pocket Bottle, tipp'd with Silver, 1 pewter spoon 18 pewter Plates, 1 Gridiron, 2 live Fowls, 1 brass Cover, 2 Linnen Table Cloths, a Circingle for a Horse, a Hat, a pewter Pot, a pewter Salt, a Runlet, and 6 Quarts of Geneva , the Goods of John Gregory , Dec. 2
John Gregory . On the 3d of December, I made my Doors fast, and went to Bed, and between 3 and 4 in the Morning I was called up and found my House broke open, and robb'd of the Goods mention'd in the Indictment.
William Atley . I happen'd to hear that one Coates had made his Escape out of Newgate, and was desired to search for him. Accordingly I went to the Prisoner's Room, and found these Plates, and a great Saucepan; she immediately ran down Stairs, and we did not light on her for two or three Days. I shew'd these Things to Mr. Gregory and he own'd them. When I found these Things in the Prisoner's Room, she said there was a 2 Gallon Cag, but that she had drank all the Gin, and burnt the Cag for Fear it should rise up in Judgement against her. She said she had sold a great Portage Pot, a Sauce pan, for 4 s. 6 d. at the Green Cannister in Grub street, and there I found them.
Prisoner. I own I sold these Things, but I know nothing of breaking the House, for the Goods were brought to my Room by Coates.
Guilty, Felony only to the Value of 39 s.
Thomas Pierson . I live with Mrs. Burr. On Monday Evening the Mare was miss'd, and we traced her to Bedford, but could hear nothing of her. On Wednesday Morning, I went all over Hertfordshire, and came to Smithfield, and found her in the Possession of one Smith. We ask'd the Price of her, and he told us the Owner was at the Harts borns-Inn; I went thither and found the Prisoner, and as soon as he saw me he ran away, but was taken again, by Ambrose Pain , and he said he bought it of my Brother.
Prisoner. He liv'd with my Brother when he sold me the Mare.
Peirson. I did live with his Brother when the Mare was lost, but I did not sell it to the Prisoner.
Richard Leach The Prisoner was a Lodger in my House. On the 8th of February, I miss'd the Goods mentioned in the Indictment, and there being no Person that I could suspect but the Prisoner, I took her up, and she confess'd the Fact before the Justice.
Guilty, 39 s.
Guilty, 39 s.
Guilty 39 s.
Guilty 4 s. 10 d.
92. Ezekiel Newbine , was indicted, for that at a Sessions held at Justice Hall, in the Old Baily, January 16, before the Right Hon. Humphry Parsons, Esq; &c. Daniel Shaw , was in due Form of Law convicted, for that he on the 17th Day of December, in the Parish of St. Botolph Bishopsgate, 5 Gallons of Oil, and a large Tin Pot, the Goods of Moses Smith , did steal, &c and that afterwards on the 17th of December , he, the said Newhine, the same did receive and have, well knowing it to have been stolen .
93. Mary Begood , was indicted for stealing a Watch, with the Outside and Inside Cases made of Silver, value 6 l. and a Steel Seal, value 2 d. the Goods of John Parker , in the Dwelling-House of John Wright
94. Ann Eccles , was indicted for breaking and entering the House of Thomas Malcher , about 2 in the Night, and stealing 18 Pound of Pork, a half Peck Loaf, and a Quartern Loaf , the Goods of Thomas Malcher , February 18 .
Guilty Felony only .
Guilty 10 d.
97. Phebe Boyle , was indicted for stealing (with John Macddonnel , not taken) a piece of Muslin, a pair of silver Spurs, 2 Carpets, 7 Napkins, and 8 Holland Shirts, the Goods of Archibald Giltan , and a Diamond Ring, a Pair of Diamond Ear Rings, and several other Things, the Goods of Frances Oxley , in the House of John Julian , Feb. 11 .
John Johnson , was indicted for stealing a Brass Barrel of a pump , the Goods of Sir John Robinson , Bart. Jan. 19 .
Guilty 10 d.
Guilty 10 d.
The Trials being ended, the Court proceeded to give Judgement as follows:
Received Sentence of DEATH II.
BURNT in the HAND 5.
To be WHIPPED 4.
Samuel Cornish , Thomas Car , Ann King , Elizabeth Arm , John Hurt , Jane Jennings , John Beale , Bridget Beale , John Conway , Thomas Handfield , Ann Smith , Hannah Courtney , Ann Weyland , Ann Jones, Edward Bosman , Edward Tailor , Margaret Copeland , Sarah Palson , Edward Lane, Thomas Wright , Andrew Rudsby , Francis Chapman , Ann Abram , John Eddleton , Edward Brown , William Elton , Joseph Wills , Thomas Buswell , Margaret Lawlor, Ann Eicks , Burdus, Thomas Tanner , James Prat John Corderoy , Richard Venables , Elizabeth Stur , William Canterbury , Peter Mason , Mary Johnson , Elizabeth Williams, John Ibbs , William Broton , Timothy Burn , William Cole , Francis Fenheim , John Hooper , Thomas Wild, James White, Robert Oshalston, Jacob Lovel , John Draper , Nicholas Hagan, Thomas Morin, Thomas Crawford , William Stone, William Archdeacon and John Headlon .
An Enquiry into the Causes of the frequent Executions at Tyburn: And a Proposal for some Regulations concerning Felons in Prison, and the good Effects to be expected from them. To which is added, a Discourse on Transportation, and a Method to render that Punishment more effectual.
Oderunt peccare Mali formidine Poeme.
London. Printed for J. Brotherton, at the Bible in hill.