WEDNESDAY the 8th, THURSDAY the 9th, and FRIDAY the 10th of April.
In the 14th Year of His MAJESTY'S Reign. NUMBER IV. for the YEAR 1741.
BEING THE First SESSIONS in the MAYORALTY OF THE
Printed and Sold by J. ROBERTS in Warwick Lane. M.DCC.XLI.
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Rt. Honourable DANIEL LAMBERT , Esq; Lord-Mayor of the City of London ; the Right Honourable the Lord Chief Justice LEE , 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, holder for the said City and County of Middlesex.
Mr. Rash . On the 22d of February last, the Prisoner confess'd to me, that one Thomas Fernley came up to my Chambers in Furnival's-Inn, and looked into a Closet with Glass Doors, which is in the Dining-Room, and saw a little Chest; that he asked the Prisoner what it was, and he told him my Servant Simon Kidder said there was Money in it; on which Fernley said he would have some of it; the Prisoner then threatned to inform me of it, if he persisted in his Intention. Fernley not regarding that, went up to the Bureau, and whether it was locked or not, I can't say, but he took out of it 2 Keys, with which he endeavoured to open the Glass Doors, but could not. Upon that he pulled out of his Pocket a Piece of Wire, and the Prisoner again said he would tell me of it, and accordingly went half down the Stain, pretending to come to me, hoping by that Mean to frighten Feruley and make him desist from his Design. When the Prisoner came up again he found the Glass Doors open, and saw Feruley take out of his Pocket a Nail with a wooden Handle with which he endeavoured to open the Chest, but could not; and at last looking about he found the Key of the Chest in a China Bason, but having bent the Pipe of the Lock he could not get the Key in 'till he had straiten'd it. He then opened the Chest, and the Prisoner again ran down Stairs, threatning to inform me, but returned, and then saw that Feruley had taken out of the Chest a Canvass-bag, and was telling the Money over on a green Table. The Prisoner desired him to desist, but he would not, and desired the Prisoner to partake of the Money, and threatned him hard on his Refusal. At last through many Persuasions he was prevailed upon to take 7 or 8 Thirty-six Shilling Pieces, one 6 s. and 9 d. and a 13 s. and 6 d. The Prisoner then desired to put the Money into the Bag again, fearing he should be discovered by a Medal which he had taken as Part of his Share, and therefore designed to put it into the Bag again, but instead of that, in his Hurry he put in a Brass Porte-Bells Pocket-piece . A few Minutes after this, perceiving his Mistake, he took out the Pocket-piece, and put the Medal into the Bag. The Prisoner likewise confessed, that this Money was to be lodged with one James Freeman , in whose Hands I found 2 Hangers, 3 Thirty-six Shilling Pieces, and a Guinea, which was all that remained unspent.
Q. Was the Prisoner Servant to you?
Mr. Rash. I employed him as a Hackney-writer , and during the Time he was in my Service, he behaved very well.
John Child . Mr. Rash informing me that he had been robbed, I made an Enquiry, and found that the Prisoner and another had been very lavish in spending their Money at Furnival's-Inn-Cellar, and this giving us sufficient Reason to suspect him, he was apprehended, and I heard him make this Confession of which Mr. Rash has given an Account.
James Freeman . Some Time in last February, the Prisoner and Fernley left about 20 l. in my Hands, with some of this Money they bought each of them Watches and Hangers, and used to leave them with me every Night, and fetch them again in the Morning. I have here 3 Thirty-six Shilling Pieces and a Guinea which they left with me, but the last Time they were together, the Prisoner laid down his Watch on the Table, and Fernley took it up and went off with it.
Richard Clark . The Prisoner is now about 14 Years of Age, and I have known him ever since he was born. I never heard that he wronged any Body, nor ever saw him fuddled or concerned in Liquor in my Life.
2. Thomas Griffiths , was indicted for stealing 4 Brass Cups and 2 Brass Nozzels belonging to a Branch , the Goods of the Church-Wardens of the Parish of St. Martin in the Fields , April 3 . Acquitted .
3. Mary Woodward , was indicted for stealing a Brass Candlestick, a Linen-Frock, 3 Linen Napkins, 4 Linen Caps, 2 Silk Hoods, 1 Linen Handkerchief, a half Quartern Loaf, and 2 Silk Ribbons , the Goods of James Mitchel , March 24 . Guilty 10 d.
4. Jane (the Wife of Charles) Danvers , was indicted for stealing 4 Cambrick Handkerchiefs, 4 Diaper Table-Cloths, 5 Diaper Napkins, 2 Linen-Shirts, and 2 Damask-Clouts , the Goods of David Thomas , March 17 . Guilty 10 d.
5. Mary Groom , was indicted for stealing a Linen-Shirt, 2 Handkerchiefs and a Linen-Apron, the Goods of John Saxey ; a Linen-Apron and a Pair of worsted Stockings, the Goods of Elizabeth Goble , March 9 . Guilty 10 d.
7. John Car , of Finchley , was indicted for that he on the 4th of March , on the King's Highway, on James Ingram , in the Peace &c. did make an Assault, and him in corporal Fear and Danger of his Life, &c. did put, and 4 s. in Money from the Person, against the Will of the said James, did steal, take and carry away .
Mr. Ingram. The Person at the Bar is the Person who met me on Finchley-Common ; he presented a Pistol at me, and ordered me to stand; I said, You Villain, you will not shoot me! And that Moment he fired his Pistol and shot me. I then gave him about 4 or 5 s. and he demanded my Watch, but I said to him, You Rascal, I never carry any.
Q. What did he say when he first came up to you?
Mr. Ingram. I have the Misfortune to be thick of hearing, but I believe he said, D - n you stand! I had no Mind to be robbed, and when we came up together we almost shouldered one another, and on my saying, You Villain, you will not shoot me! He shot my Eye out. I did not see for 3 Days afterwards, and have lost one Eye intirely.
Prisoner. On your Oath am I the Man that robbed you?
Mr. Ingram. I am positive he is the very Person.
Prisoner. In what Part of Finchley-Common was this done?
Mr. Ingram. Between the five Mile Tree, and a Load of Ballast, which lies just by a Path that goes to the Hog-Market.
- Bigg. On the 4th of March I was coming along the Road; and saw the Prisoner turn from Mr. Ingram. Mr. Ingram's Face was very bloody, and I asked the Prisoner what made him shoot the Gentleman? His Reply was, for his Money, if you had been here, I would have served you the same.
Prisoner. Was it light or dark?
- Bigg. It was just about Sun-set.
Mr. Ingram . It was on the 4th of March, and the Sun was not quite set.
- Williams. I was coming from Work, and saw the Prisoner drinking Part of a Pint of Wine with another Man at the 3 Horseshoes on Finchley-Common . He told that Man in my hearing, that he was a Highwayman, his Name was Car, and he had just shot a Gentleman on the Top of the Hill. He then went off bidding the Man good Night, and said he would never hurt a Brother Trade. Upon this I pursued him down a Bottom, and his Horse running against a Post at Brown's-Well he dropped off, and took to his Heels, and left his Horse and his Hat and Wig behind him.
- Lewsome . I know nothing of the Prisoner, only hearing a Hue and Cry of a Highwayman I
- Walker. I shoed Horses for Mr. Bell when the Prisoner was his Servant, and he was a very honest Fellow as far as ever I knew.
12. William Robinson of St. Dunstan in the West , was indicted for breaking and entering the Dwelling-House of John Hambler about 10 at Night, and stealing 2 Linen Shifts, Value 12 s. 1 Suit of Cambrick Headclothes laced, Value 12 s. 2 Linen Caps, Value 2 s. 2 Linen Handkerchiefs, Value 3 s. 2 Towels, Value 8 d. 1 Pair of Worsted Stockings, Value 2 s. 2 Aprons, Value 3 s. 2 Guineas , 1 half Guinea and 8 s. 6 d. the Goods and Money of the said Hambler , March 11 .
John Hambler . I am an Officer of the Marshal's Court . On the 11th of March, I took the Prisoner with me to arrest a Person in Rag-Fair, but not having an Opportunity to do it, we drank a Pint of Beer at the King Harry the 8th, and then I dismissed him, and desired him to come to me the next Morning at 4 o'Clock. This was about 9 o'Clock at Night, and in about an Hour's Time I went Home, and found my Window wide open; there had been a Pane of Glass taken out to open it, and put in again.
Q. Did you leave any Person in your House when you went out?
Hambler. No, the Prisoner, I, and my Wife, all went out together. When I came Home and saw the House in this Condition, I desired my Wife not to go in, so I drew my Hanger and went in, and saw that a Box had been broke open, and the Goods mentioned in the Indictment taken out. The next Morning the Prisoner came to me at 6 o'Clock and told me he could not go with me; I then went about the Neighbourhood to enquire for disorderly Persons, and was informed by a Woman that a tall thin Man ran by with a Bundle and dropp'd a Cap which proved to be mine. Upon this I suspected the Prisoner, and got a Warrant to search for my Goods, and found one of my Shirts on the Prisoner's Bed, at the Elephant and Castle in Drury-Lane. I then apprehended him, and he carried me to another Alehouse and delivered me some more of my Things. After this I carried him before Justice Poulson, and imagining he had got my Stockings on his Legs, I said it they were mine they were darred in the Toe with light grey Worsted, and on their being pulled off they appeared to be mine.
Mary Hambler . My Husband, the Prisoner and I went out together to Rag-Fair, about 6 in the Evening. The Prisoner parted from us in Redlion-street, Whitechappel , about 9, and at 10 my Husband and I went Home to our House which is in Sheer-Lane, and found the Window of the Ground-Floor wide open. I had been washing some of these Things that Afternoon and they were taken away wet.
Q. How is this Window fastened ?
Prisoner. Was the Window shut when she went out?
Hambler. Yes, I am very sure it was, and when I came back it was wide open.
Robert Rhodes . The Prosecutor brought a Warrant to me to search the Prisoner's Quarters, at the Elephant and Castle in Drury-Lane. As soon as he saw me he ran backwards , but I took him, and found one of Hambler's Shirts on his Bed. After I had found this Shirt, the Prisoner said he would carry us to the Place where the rest of the Things were, and accordingly I went with him to the Bear and Ragged staff, and a Woman delivered these Things to me. These Stockings I took off the Prisoner's Legs, and they were owned by the Prosecutor Hambler.
Mrs. Hambler . I washed this very Apron, and left it wet when I went out.
- Cooper. The Prisoner parted with Hambler and his Wife about 9 at Night, at my House in Red-Lion Street, Goodmans Fields .
Jury. How long did the Prosecutor stay after the Prisoner was gone?
Cooper. Hambler and his Wife staid 'till near 10 o'Clock.
Prisoner. That Night that he (the Prosecutor) carried me to Rag-Fair, he said I should have Diversion, and at last I found that he was going to arrest some Body; but I not being willing to be guilty of any such Thing left him, and as I was going Home, my Foot struck against this Bundle, and I carried it Home.
Susan Davis . I was going by the Duke of Newcastle in Drury-Lane at the same Time that Rhodes took the Prisoner, and I heard him (the Prisoner) say, if Rhodes would make it up with the Prosecutor he would give him the Clothes and Money.
Catherine Hinton . I have known the Prisoner 2 Years and never heard but that he was an honest Man. The Prosecutor came to Mr. Haines a Printer, who is a Prisoner in the King's Bench, and Mr. Haines asked him in my Presence what he designed to do with the Prisoner: Hambler replied, I shall have a Tyburn-ticket which is worth 20 l. and part of a Reward, and if he does not give me an Equivalent, I will prosecute him.
John Marshall , Serjeant. The Prisoner has been in our Regiment about a Year, and always behaved well. On Saturday was 3 Weeks a Man came to me, and said if my Officer would give the Prosecutor 5 l. he would make up the Matter, and throw in such a Bill that the Prisoner should not be hurt. This Man came in the Name of Hambler's Brother, but I take Hambler to be the Person himself.
13. Thomas Barton , was indicted for stealing 22 lb. of Lead, value 2 s. 8 d. fixed to a Stable belonging to the Master, Wardens and Commonalty of the Mystery of the Grocery, and the House of Langley-Hill , March 4 . Guilty 10 d.
16. Andrew Macmanus of St. Leonard Shoreditch , was indicted for assaulting Christopher Mason , on the King's High-way, putting him in Fear &c. and taking from him a Hat val. 2 s. a Peruke, val. 20 s. a Rule, value 1 s. and a Pair of Compasses, value 3 s. the Goods of Christopher Mason , February 7 .
Christopher Mason . On the 7th of February last, about 7 at Night, I was coming with Mr. Peacock from Newington to Shore-ditch , and about 150 Yards on this Side the Watch-house, I met a Person that passed us both. He gave some By-Word and immediately the Prisoner jumped out of the Ditch, and ran a Pistol against my Face. I had no sooner turned myself about, but he snapped his Pistol twice, and damn'd it because it missed Fire. I desired him not to use me ill, for what I had he was welcome to. He then took from me my Hat and Wig, a Rule, a Pair of Compasses, a Socket, and a Pencil. While he was searching me, the Fellow that cut Mr. Peacock came up to me, and on my holding up my Cane to defend myself, he cut it almost asunder with the same Instrument with which he wounded Peacock, and I fell into the Ditch.
Q. What sort of a Night was it?
Mr. Mason. It was a hazy Night, but it was Moon-light enough, so that I could see them 50 Yards after they left me.
Q. Where is Mr. Peacock?
Mr. Mason. He is dead of the Wound which he received at that Time.
Mary Birt . On the 7th of February about 7 at Night, I was at Mr. Glanville's, the White-Horse in Wheeler Street, Spittle-Fields, and saw the Prisoner, his Wife, one Thomas Kennely , and another Man drinking there.
Jury. How do you know it was 7 o'Clock?
Birt. Because they sat in the Fore-Room, and it appeared to me to be 7 by Glanville's Dial.
Mr. Mason. It was about 7 o'Clock when this was done, and it is at least 3 Quarters of a Mile from the Place where I was robbed to Wheeler Street.
Burn. Yes, but my Husband is gone from me, and I kept with Kennely . The Prisoner was in Company with him at 7 o'Clock, and I went backwards and forwards till 12 o'Clock, and saw the Prisoner there every Time.
Jury. What do you do for your Living?
Burn. I do every Thing that I can get to do for an honest Livelihood.
Jury. Where do you live?
Burn. I live in Wheeler-Street, and am a Room-Keeper there.
Council. Do you remember taking an Oath before the Justice of the Peace?
Burn . Yes, I took 2 Oaths before the Justice.
Council. Did not you swear before the Justice that you was married to Kennely, and that you was with Child by him?
Burn. No, I never said so, - I never answered to the Name of Kennely.
Council. Did not you tell the Justice you had given in a wrong Name?
Burn. I said I was an unfortunate Woman, that my Husband's Name was Burn; that I kept with Kennely, and I had had one Child by him, and was with Child again.
- Weston. The Prisoner is a Neighbour of mine, and a very honest Man as far as ever I knew.
Jury. What Countrywoman are you?
Weston. I was born within the Sound of Bow-Bell.
Council. Have you ever trusted him by himself?
Read. Yes, to carry Lead and Bags of Nails for me, but I have not employed him these 8 Months.
John Manning . I knew the Prisoner in Ireland. He worked at Thread-making there, and since he came to London, he has attended at Stock's-Market as a Porter . As to his Character, I never knew but that he behaved himself very honestly.
John Conyers . I knew him in Ireland, and since he came to London, I have entrusted him in bringing Goods Home to me from the Markets, and never saw any Thing laid to his Charge but what was civil and honest.
Council. Have you employed him for these 6 Months?
Conyers. I can't say that I have.
Mr. Chipperfield. I was before Justice Poulson when the Prisoner was examined, and this Frances Burn swore that her Husband was in Company with the Prisoner from 7 till 12 at Night, and the Landlord Glanville swore, he did not know that he was there at all. Soon after, Burn was called in again , and then she said, I am an unfortunate Woman , and my Husband is in Ireland, and I call Kennely my Husband because I live with him, and am with Child by him. I was with Mr. Mason and Mr. Peacock just before this Fact was committed, and parted with them about 7 o'Clock, and at a Quarter before 8 Mr. Mason brought Peacock Home wounded. As to Mr. Mason's Character, I have known him a great many Years, and he is a very honest Man as far as ever I knew.
Zacchens Bourne . I am Beadle of Aldgate Parish. Mr. Mason was a Housekeeper with us 10 or 12 Years, and always was a Gentleman of a very fair Character. Guilty Death .
21. Peter Beardsley , was indicted, for that George Reeves on the 31st of March, 1000 Wt. of Ropes Value 4 l. the Property of Simon Eyres , did steal, &c. he the said Beardsley afterwards, viz. on the said 31st of March , the same did receive and have, well knowing them to have been stolen . Acquitted .
22. * Timothy Burn , alias Teddy Brian of St. Paul Covent-Garden , was indicted for assaulting David Patten , Esq ; on the King's Highway, putting him in Fear, and taking from him a Cane with a Gold Head, Value 5 l. 5 s. the Property of the said David Patten , November 4 .
Mr. Patten. On the 4th of November 1739, between 6 and 7 at Night, I was coming into Bow-Street , and as I came under the Arch at the Bottom of Earl's Court, I received a Blow on the left of my Head which sunk me on my Knee: I endeavoured to rise, and to throw up my Hands to defend myself, and as I rose I received several other Blows which sunk me to the Ground again. I attempted to get up a 2d Time, and I then received a Blow with something very heavy, which cut me to the Scull: Upon that I made a Sort of a Sweep with my Cane, and immediately it was snatched from me. I then endeavoured to draw my Sword, but my Right-hand was so disabled by warding off the Blows, that I could not draw it. I saw one or two Men run up the Court, and I got into Bow-Street and told some Chairmen of what had happened; they pursued them, and could not overtake
James Thompson . On the 4th of November 1739, the Prisoner who goes by the Name of Teddy Brian , * John Lincham who is executed, Henry Smith , and a hump backed little Boy who goes by the Name of John of Gaunt went out from Mrs. Lambert's in Parcer's Lane, between 5 and 6 o'Clock in the Evening. We went round Covent-Garden 'till we came to Earl's Court, and saw that Gentleman (Mr. Patten) at the end of the Court. The Prisoner made a blow at his Head, with a Bludgeon which he concealed under the Lining of his Coat, the Gentleman made a Defence with his Cane, and whether he fell by a Blow or a Slip, I can't tell, but the Prisoner snatched the Cane out of his Hand, and on the Gentleman's attempting to draw his Sword, he came to us who were standing on the other Side of the Way. After this, we all went to Lambert's, and on her telling us the Cane was not Gold, but only washed over, we sold it her for 7 s. and shared the Money between us.
Prisoner. What Sort of a Night was it?
Thompson. It was a light Night, besides there was a Lamp at the Corner of the Court, and I am certain Mr. Patten is the Gentleman that was robbed.
Mr. Patten. It was light enough, but the Moon was under a Cloud; - it was a large Archand I being in the Shade, could not distinguish the Persons who attacked me.
Thompson. There is a Lamp which strikes directly into the Arch, besides I can't be mistaken in the Prisoner, for all of us except John of Gaunt lodged at Lambert's, and the Prisoner and I lay together in the same Bed.
Prisoner. If I am the Man, let him tell what particular Marks I have.
Thompson. About the Time that this Thing was done, he had a Sore on his Lip, and he used to scrape Lint off his Hat and put on it. When I went to see the Prisoner in Newgate, all the Transports were brought into the Hall, and I picked him out of them.
James Macdonnel . I have known the Prisoner about 5 Years; he lived with his Uncle Patrick Burn in May-Street, Ireland. I am an Irishman and I have not been above 5 Months in England, and did not know that the Prisoner was come to London 'till I heard of his Consinement.
Jury. How often have you seen him within these twelve Months?
Macdonnel . I saw him just before I came from Ireland. On the 6th of November come 2 Years, I saw him in Ireland at his Step-Father's Burial. He was in Ireland last November, and the November before that: - I can't rightly tell the Month that I came here, but I have not been quite 5 Months in this Town yet.
C. How long before you left Ireland, did you see the Prisoner?
Macdonnel. About a Week before I came away, no, I did not see him a Week before I came away, but I used to see him every Day.
C. How long before you came away did you see him there?
Macdonnel. I have not seen him in Ireland these 6 Months. I can't tell the settled Time that I saw him, but I know he was at his Step-Father's Burial November was twelve Months.
Macdonnel. No, I remember that his Name was Timothy Burn . I was working in a Place, and saw him in Ireland every Week of the Time that I was in it. - I had not seen him there for some Time before I came away, but I know that I left him there, because I came away before him.
Jury. What Reason have you to say that you left him in Ireland?
Macdonnel. It was - I am sure I have been here 5 Months. I can't rightly tell when I last saw him there, but I saw him there 3 Years, 2 Years, and a Year ago.
Ann Twisten . I live in Castle-Street , near the Seven Dials. I came from May-Street, about 5 Months ago; I lived at Patrick Burn 's, the Prisoner's Uncle, and never saw him away from thence. The last Witness, Macdonnel, and I both came over from Ireland in the same Ship, and when I came away, I left him (the Prisoner) there. While I lived there I saw the Prisoner every Day, especially every Sunday. I knew him to be a very honest Man there, and never heard him called by any other Name, but that of Timothy Burn .
Patrick Ivory . I worked a matter of 14 or 15 Years with his Father, and never knew him by any other Name than Burn. I have been here 6 Years, and the very first Night the Prisoner came to London, I saw him; his Shoes were full of Country Dirt, and he could not stir out of his Bed he was so tired: - He has not been here a Quarter of a Year, and the Night he came to England he was with me.
Jury. We desire Thompson may be asked, what was done with the Cane?
Thompson. The Prisoner himself brought it into Lambert's House; she persuaded us it was not Gold, and Lincham sold it to her for 7 s. and Smith, Lincham , the Prisoner and I had Eighteen Pence a Piece, and John of Gaunt a Shilling.
23. Andrew Macmanus , was again indicted (with Thomas Robinson and Charles Maccleaver not taken) for that he not having God before his Eyes, &c. on George Peacock in the Peace, &c. did make an Assault, and that Thomas Robinson on the 7th of February , with a certain Hanger made of Iron and Steel, Value 2 s. which he in his right Hand then and there had and held, on the fore Part of the Head of him the said Peacock, feloniously, wilfully, and of his Malice aforethought did strike and cut, giving him, &c. one mortal Wound of the Length of seven Inches and Depth of one Inch, of which from the said 7th of February, to the 21st of the same Month, he the said Peacock languished and languishing lived, and then on the said 21st of February in the Parish of St. Leonard-Shoreditch died; and that Andrew Macmanus and Charles Maccleaver were present, aiding, abetting, comforting and maintaining him the said Robinson, the said Murder to commit and do .
The Evidence against the Prisoner was the same as in his former Trial, but there being a Defect in the Indictment he was acquitted .
24. George Hough , was indicted for stealing 2 Pair of Women's Leather Shoes, Value 4 s. 42 Pair of Boy's Leather Shoes, Value 5 l. and 25 Pair of Leather Shoes, Value 40 s. the Goods of Humphry Goodwin in his Dwelling-House , February 16 .
It appearing rather to be a Breach of Trust than a Felony, the Prisoner was acquitted .
25. Sarah Lee , was indicted for privately stealing a Gold-Bead Necklace, Value 18 s. and a Gold-Locket, Value 10 s. the Goods of William Avery , from the Person of Sarah Avery an Infant , March 6 . Acquitted .
26, 27. Elizabeth Clay alias Johnson , and Esther (the Wife of Joseph) Miller , were indicted for stealing 9 Pewter Plates, Value 5 s. a grey Bob Peruke, Value 3 s. 2 Linen-Pockets, Value 3 s. 7 Brass Candlesticks, Value 6 s. a Pair of Brass Snuffers and a Stand, Value 6 d. a Dredging Box, Value 6 d. a Legborn Hat, Value 6 d. and other Things , the Goods of John Wilkinson , April 3 . Both Guilty .
28. William Boot , was indicted for that he being a wicked disposed Person, after the 1st of May 1734, viz. March 17 , in the Parish of Christ-Church , with a certain offensive Weapon, or Wooden Truncheon, which he in his right Hand had and held, in and on George Long unlawfully, maliciously did make an Assault, with Intent the Monies of the said Long to steal, &c .
George Long . On the 17th of last March, I was coming down Newgate Street , a little after one o'Clock in the Morning, and coming by the Gateway which comes out of the Hospital, the Prisoner rushed out on me, and with this Stick struck me on the Head: On my receiving this Blow, I fell backwards against some Shutters of a Corner Shop, and he seized me by the Collar with one Hand, and with the other laid hold of me by my Hip. I presently recovered myself, and turned round upon him, and took hold of his Collar. I asked him who he was and what he wanted? He made me no Answer, but kept cursing me in an inward Manner; at last I got hold of his Stick, and then he struggled and got from me. I pursued him crying Stop Thief! as loud as I could, and he ran down Ivy-Lane, and about 5 or 6 Doors down the Lane, was stopped by a Watchman.
Prisoner. He says after I struck him I took him by his Collar and by his Waist; ask him if I offered to touch him?
Long. Yes, he had fast hold of me with both Hands.
Prisoner. Did I ask for any Money?
Long. No, none at all.
Prisoner. Did you give me no Provocation to strike you?
Long. No, none in the World; I never struck him 'till he was taken by the Watchman.
Hugh Satterthat . I am a Watchman, and was standing in Ivy-Lane, between one and two in the Morning, I heard some Body cry stop Thief! and upon that I clapped my Staff against the Wall, and the Prisoner ran against it, and I secured him.
Prisoner. I had been drinking at Hackney, and coming Home, I stepped into this Passage, and the Prosecutor ran against me. I being in Liquor struck him, he struck me again, and broke my Head in a desperate Manner, and this Watchman took me.
Q. to the Prosecutor. Was the Prisoner in Liquor when he attacked you.
Long. No, he was as sober as I am now. Acquitted .
Elisha Hambleton , and Flora Weaver , for receiving the same, knowing it to be stolen . All acquitted .
30. Ann Chamberlain , was indicted for stealing a Linen Sheet, value 5 s. one Linen Pillowbier, value 12 d. a China Plate, value 12 d. a Pewter Plate, value 6 d. the Goods of Richard Haddock , March 21 . Guilty .
33. James Castle , was indicted for that he (with another Person unknown) about 8 at Night the Dwelling-House of Richard French did break and enter, with intent him the said French to kill and murder; and the Indictment farther charged, that he the said Castle the Dwelling-House aforesaid did break and enter with Intent the Goods of the said French to steal, &c .
The Counsel for the Prosecution having opened the Indictment and the Nature of the Evidence, the Witnesses were called.
Mary Wiat . I live in Mr. French's House, in Plumb-tree Court, Holbourn . On the 11th of March, a little after 7 o'Clock in the Evening, as near as I can guess, I went out, and latched the Door fast after me.
Coun . What fastening is there to the Door?
Wiat. There is an Iron Latch to the Door, and after I had shut it, I turned back and pushed against it that I might be sure it was fast.
Richard French . I live in Plumb-tree Court, Holbourn. On the 11th of March last, about 8 o'Clock, I and my Maid were at Work in the Kitchen; she sat next the Window, and I next the Chimney. As we sat thus, somebody knocked at the Kitchen Door with their Knuckles; I desired the Maid to see who it was, and as soon as she had opened the Door, a Man asked her if one Mr. Briton did not live there; she answered, no, and was going to shut the Door, and immediately the Prisoner and another burst in. The Prisoner came violently on me, and said, D - n you, you old Dog, I will do your Business for you: upon that, he made no more ado, but he put both his Hands about my Throat, to throttle me: I struggled and cried out Murder! as much as I could, but no Body came to my Assistance. When he had throttled me so, he threw me across the Kitchen Grate, with my Head on the back of the Chimney, and flung himself on me and clapped both his Hands on my Mouth to stop my Breath. I kicked with my Feet as well as I could, and broke his Hold from my Mouth, and then I cried Murder twice. He then put his Hands on my Mouth again, so that I was almost suffocated; at the same Time swearing, if I made the least Noise, he would certainly cut my Throat across. In this Condition I continued 'till my Servant, who was at Work in the Yard, being alarmed at the Noise, came and took the Prisoner from me.
Prisoner. Ask him whether I did not lodge with him some Time ago; and whether he did not threaten to serve me with a Copy of a Writ for Money which I owed him?
French. He lodged about 7 Weeks with me, and owed me nine Shillings at that Time: I was very glad that I could get him out of my House, and never went after him in my Life for the Money.
Prisoner. Did not I propose to pay you some Money that Night?
French. No, he never mentioned a Word of Money.
Prisoner. Could you not have seen my Face if we had been out of Doors, without a Light?
French. No, I am certain I could not, for it was almost 8 o'Clock at Night, and it had been dark the best Part of an Hour.
Coun. May not a Person lift up the Latch of your outward Door, without your hearing it?
French. Yes, very easily.
Sarah Goodwin . I was sitting at the Table with my Master on the 11th of March, and heard somebody rap at the Kitchen Door; I opened it a little Way, and saw 2 Men in the Passage: one of them asked for one Mr. Briton ; I told them he did not live in our House, and was going to shut the Door, but a Foot stopped it, and that Moment a Fellow pushed the Door open against me, and dragged me to the other Side of the Room, and threw me down. When I was on the Ground, he throttled me and squeezed my Throat all Manner of Ways, so that I was almost dead. The Prisoner flew on my Master, and threw him across the Grate, but the other Fellow used me in such a Manner that I was not able to make any farther Observations.
Prisoner. What Time was this?
Goodwin. It was very near 8 o'Clock.
Prisoner. Was it light?
Goodwin. No, it was so dark that I am sure I could not have distinguished one Person's Face from another's in the Street.
Prisoner. Did not I say that I came to pay her Master nine Shillings?
Goodwin. No, there was not a Word spoke about Money; but the other Man asked for Briton, and the Prisoner was then standing behind him.
Israel Mitchel. On the 11th of March, between 7 and 8 o'Clock, I was at Work in our Shop, which is in the Yard, and heard a Sort of a Noise, something like a rattling in a Man's Throat. I did not go down then, but hearing the same Noise about a Minute afterwards, I took this Stick and went into the Kitchen. When I came into the Passage,
Coun. Where was your Master then?
Mitchel. He was lying a cross the Fire, and the Prisoner was upon him with his Hands on my Masster's Throat. I stood still to observe what Motions the Prisoner made, but could observe no more than there is in this Stick Upon that I laid hold of his Collar, and fell to beating him as hard as my Hands would meet him; and he made out as hard as he could. I then pursued him and struck up his Heels and he fell down some Steps at the End of the Court, but before I could get up to him, he recovered himself and took to his Heels again, and was taken by a Man who was passing by.
Prisoner, Is it not possible for People to go in and out of your House without your hearing of them?
Prisoner. I owed this Man nine Shillings when I left his House, and I not being able to pay him, he threatned to serve me with the Copy of a Writ, and that Night I went to his House to offer to pay him at 2 s. a Time. This Maid opened the Door, and as soon as the Prosecutor saw me, he flew into a violent Passion, and abused me grossly before I touched him.
35. John Storer of Fulham , was indicted (with William Warren not taken) for breaking and entering the Dwelling-House of Mary Davis about the Hour of one in the Night, and stealing 4 Feather Beds, 4 Bolsters, 4 Pillows, 10 Blankets, 1 pair of Linen Sheets, a wooden Box, 2 Glass Sconces, 2 Stove-Grates, 4 Saucepans, 3 pair of Harrateen Window Curtains, a Looking Glass, a Pistol, and 6 Dimity Pockets, the Goods of the said Mary Davis , October 1 .
Mary Davis . Last September was twelve Months, I left my House at Fulham , and came to a House in Town; and on the 2d of October, Word was brought me that my House was broke open and robbed. As soon as I had recovered my Surprise, I took Coach and went to my House, and found the back Scullery Window taken out, and the Frame lying on the Ground. When I went up Stairs I found most of the Locks broke, and where the Locks were whole, the Doors were split in 'peces. I can't remember what Goods I lost, but I missed 4 Feather Beds, Bolsters and Pillows, and a great many Blankets.
Abraham Astley . I am a Broker and live in Harp-Alley. On the 1st of October the Prisoner offered me 2 Stove-Grates for Sale, but I suspecting them to be stolen, stopped the Grates, and him too. I took him to an Alehouse, and while I was talking with some People, he ran away, and I never saw him again 'till now. After this I took a Boat and went to Fulham to search the Prisoner's House, and found this Glass in a Chest of Drawers, and a Sconce-Glass under his Bed, but he was not at Home himself.
Mrs. Davis. This Glass is mine, and one of the three which I lost at that Time.
- Lacey. I was Constable of Fulham, and this Man desired me to search the Prisoner's House: Accordingly I did, and the first Thing I found was one Feather Bed under another, and then this Glass, a Window Curtain, and 10 or 15 Blankets; some of the Things were in one Place, some in another. After we had searched about some Time, we perceived a Sort of a Closet, and on demanding an Entrance into it, the Prisoner's Wife said, there was nothing but Corn in it; however, I took a Poker, threw the Door off the Hooks, and found 2 Bolsters , 10 Blankets, a Box of China, and 2 Feather Beds under the Corn.
Prisoner. He says he took a Poker to force the Door open, was it locked or bolted?
Lacey. The Door opens into the Closet, and it was so secured that we could hardly get it open.
George Brown . I live next Door to Mrs. Davis at Fulham. My Daughter informed me that some Damage was done at Mrs. Davis's, upon that I went down the Garden and saw the Parlour Door open. I stepped in and cried Holla! who is in the House! But no Body answering, I went round the House and saw the Kitchen Doors open; a Window Case taken out of the Brick Work and thrown on the Ground, and the Casement lying by it. I then called my Neighbours, and we went in together, and saw that the House had been ranshackled very much. The Prisoner is a Neighbour of mine, he is a Jack-smith, and a very industrious Man as far as I know, for he never did me any Harm.
Council. What Character does the Prisoner bear?
Brown. Some Neighbours give him a good Character, and some a bad one.
William Warren . I have known the Prisoner 6 or 7 Years, and always knew him to be a loose, idle Fellow, and used to spend whole Days in an Alehouse, and work at Night.
Prisoner. Mr. Warren came to my House and said, he was afraid his Goods would be seized, and I gave him the Key and he brought them to my House.
Mary Strut . All that I can say is, that I had been to see a Gentlewoman who is sick about 12 a Clock at Night, and saw Warren go into the Prisoner's House with a Bundle on his Back. As to the Prisoner's Character, I never heard but that he was a very honest Man.
Council. Does he hear as good a Character now, as he did 30 Years ago?
Wager. I can't say that.
Another . The Prisoner rented a Shop of me about 3 Years ago, but I have not known any Thing of him since.
William Hat . I have known the Prisoner 30 Years, but I have not seen him these 3 Months till now. I have had Dealings with him for Shoes for my Horses, and never heard a bad Character of him, only he would drink a Mug of Beer now and then.
Prisoner. I hope the Drinking of a Mug of Beer is no criminal Offence.
36. John Toms , was indicted for stealing a Woollen-Cloth the Goods of Richard Hamman , a Pair of Leather Pumps, the Goods of James Goddard , and a Whip, the Goods of Henry Hind , March 29 . Guilty 4 s. 10 d.
43. Penelope Coleman , was indicted for privately stealing a pair of Gold Ear-Rings, a pair of Stays and a Calico Apron, the Goods of Daniel Garshier , from the Person of Sarah Garshier , an Infant , March 4 . Guilty 10 d.
44. Mary Ray , was indicted for privately stealing a Silver Watch with a Silver Chain, Value 40 s. a pair of Silver Shoe Buckles, Value 10 s. a Silver Stock Buckle, Value 2 s. 6 d. and a Silver Cross, Value 1 s. 6 d. the Goods of Patrick Mackenny , from his Person , March 11 .
Mackenny. What I have to say is this: It happened some Time in March, that I was in Company with some Friends, and was disguised in Liquor, and as I was making Home, this here Prisoner picked me up in Holbourn. We took a Linkman with us, and went to Sarah Adams's House, but when I came there, I was so drunk that I was not capable to call for a Bed, and so the Prisoner did; and as soon as I got to Bed I fell asleep, and how it was afterwards I know not, but she took my Goods away.
Prisoner. If you was so drunk, how can you tell all this?
Mackenny. Adams came up to me with a Watchman, and desired me to see what I had lost: They waked me, and I put my Hand in my Pocket, and all the Articles belonging to me were gone.
Sarah Adams deposed, that the Prosecutor and the Prisoner came to her House together, and went up Stairs; that in a few Minutes the Prisoner came down again, and this Deponent hearing a Watch click in her Pocket, refused to let her out, till she was satisfied that the Prosecutor was not robbed. That the Prisoner then took out of her Pocket, a
45. Ann (the Wife of William) Spelman , was indicted for privately stealing 5 small Leather Bags, Val. 12 d. 2 Bags made of Linen and Cotton, Val. 12 d. and 7 pound of human Hair, Val. 8 l. the Goods of Alexander Bois , from his Person , Mar. 16 .
Alexander Bois . On the 16th of March last between 10 and 11 at Night, I was going through Long-Lane , and had a pair of Bags with me full of Hair: I live in Black Swan-Court, in Golden-Lane, and was going Home. I had nothing in my Pocket, my Bags were on my left Shoulder, and had in them brown Hairs, pale Hairs, ash-coloured Hairs, grey brown Hairs and grizzled Hairs, to the Value of about 8 l. as near as I can guess. The Prisoner followed me down the Lane, and in a Minute's Time I was down, and my Bags were taken from me. I can't give a true Account who put me down, I was not knocked down, I was shot down or pushed down, for I am sure I could not fall myself. The Hairs which I had fell down with me, and were taken away. Upon this I advertised them, but could get no Account of them till Mr. Boucher informed me that he had bought some of the Prisoner.
Q. Did not your Bags fall from you?
Bois. I felt somebody snatch my Bags away, and they went off as I felt; - I have a Guess, - a rough Guess how they went.
Q. Might not the Bags fall with you?
Bois. To the best of my Thought they were taken away.
Prisoner. Was he not fuddled?
Bois. Yes, I was in Liquor, but I had my Senses about me.
Prisoner. I never saw him till I was before the Justice, and then he swore I took the Bags off his Back.
Bois. What I do I will answer, but I leave it to the whole World whether any Body else could take them, when no Body else was near me.
David Murrin . My Business is to buy Hair. On the 22d or 23d of March, I was going up Long-Lane, and this Gentlewoman at the Bar called me and James Stevenson into a House and shewed us some Hairs: - It was the House of one Mr. Cobb, a Bird-Cage Maker, about the middle of the Lane. She offered us 3 Pieces of dark brown, and one Piece of light pale Hair, and said she could help us to a larger Quantity, and she promised to come again to Stevenson's House the next Morning, but she never did.
Prosecutor. These are the very same that I lost that Night.
James Stevenson . On the 23d of March, Murrin and I were going about to buy Hair, and the Prisoner called us in. She carried us into an upper Room in the Bird-Cage Maker's House and shewed us 3 Pieces of dark Hair and one Piece of pale Hair, which Bois bought of me; but not agreeing for the Price, she said she would come to my House, and help me to some other Hair. She not coming according to her promise, I went to search for her, but could not find her, and coming Home, I met Hannah Smith , the Daughter of Thomas Boucher , I watched her into a House, and the Prisoner seeing me promised again to come to my House with more Hair; and therefore I did not take her at that Time; but on her not coming I searched Cobb's House, and fou nd 87 pieces of Hair and these Bags locked up in a Box, in the same Room where she shewed me the 3 Locks of Hair.
Prisoner. I have the Person here that found these Hairs in Smithfield.
Thomas Boucher . The Prisoner brought some Hair to me, and I bought it of her for a Shilling and a full pot of Beer, which was more than it was worth. Soon afterwards I read the News-paper and saw it advertised; upon that I made it my Business to find out the Prosecutor, but when he saw it, he said he believed it was not his. The next Morning he brought Stevenson to me, and he said it was the very same Hair which the Prosecutor bought of him. The Prosecutor was 3 Years in Newgate for Perjury, and he told me, that he could not tell how nor when he lost his Bags, and I believe they are Spanish Goods.
Prosecutor. I was in Newgate some Time, but it was only for forfeited Recognizances .
Hannah Smith . I have known the Prisoner a long Time, and to my Knowledge she is a very honest Woman. She gave me 3 pieces of Hair to dispose of for her, but the Prosecutor took them from me, and threatned to send me to Newgate.
John Grace , and Daniel Mason ; April 2 . Guilty 10 d.
The Prosecutor not appearing when called, the Prisoner was acquitted .
Burroughs. Last Thursday was sevennight, between 12 and 1 in the Morning, I was going home and met the Prisoner Cooper in Chick Lane. She asked me to give her a Dram; and took me to a House in a little Alley, where I lost my Money. I can't swear that either of the Prisoners took it, for I was in Liquor, and might put it beside my pocket.
The Prosecutor not appearing when called, the Prisoner was acquitted .
55. 56. William Tilly alias Shock , and William Perryman alias Main , were indicted (with several other persons, not taken) for stealing a large Silver Tobacco-Box, value 35 s. a Tobacco Stopper tipped with Silver, value 12 d. and 15 s. in Money, the Goods and Money of Thomas Wilkes , in the Dwelling-House of Thomas Stevens , June 29 .
Thomas Wilks . On the 29th of June last, between 8 and 9 in the Evening I was going up Love's-Court, in George-Alley , by the Ditch Side, to the House of one Thomas Stevens . I had not taken above 2 Steps into the Entry, before 2 Women got hold of me and fell to rifling my pockets; the 2 Prisoners were standing close to my Back at the same Time to guard me. The Prisoner Perryman said to one of the Women, I wonder you are not ashamed to pick the Gentleman's Pocket so: upon that I turned about, and struck 4 or 5 Shillings of my Money out of one of the Women's Hand, and Tilly took part of it up. Then I endeavoured to come out, but before I could get to the Door, 3 Women came upon me, and one of them pulled me in by Force and Violence: then one Margaret Glover bolted the Door, and held my right Hand, and another Woman my left, while one Mary White searched my Waistcoat, and Breeches-pockets, and I felt my Tobacco Box taken out. After this, the 3 Women went into the Room and staid a considerable Time, and then Mary White came out by herself, and took my Hat off and went in again. She desired me to go up Stairs with her, but I told her I would sooner die, than accept her Invitation; and then one of the Women took a Handkerchief off her Neck and twisted it with both her Hands; which made me begin to fret, imagining they designed to throttle me. After this I desired William Perryman to get me my Hat, and he not going for it, I went in my self, and took it off the Ground. Both acquitted .
57. John Lopton , was indicted for breaking and entering the Dwelling House of Lewis Morel , between 7 and 8 at Night, and stealing a large Trunk, a blue Gown, a grey Shagreen Gown, a green quilted petticoat, a white quilted petticoat, 2 Linen Shifts, 2 Linen Aprons, a Handkerchief, a Pocket Book, 11 Guineas, 3 Thirty-six Shilling pieces, a three pound twelve Shilling piece, and a Moidore, the Goods and Money of Ruth Ragg , in the parish of St. Bride's , March 11 .
Jervis Trueman . On the 11th of March, the Prisoner and 2 other Men came to my House, and brought a great Bundle of Things, a Drawer of a Trunk, and a Leather pocket book. They burnt the pocket book, and gave this pair of Nut crackers to my Daughter.
Ragg. These Nut-crakers are mine, and were in my Trunk, when I locked it up at Mr. Morel's. Acquitted .
John Lopton was a 2d Time indicted (with Alexander O Flack and John Lowden not taken) for breaking and entering the Dwelling House of John Dearmore , about 8 at Night, and stealing a brown Cloth Coat, a Cotton Gown, a short Cloak, a Camlet Bed Curtain, the Goods of John Dearmore , a Lutestring Gown, a Quilted petticoat, and a Camblet Riding Hood, the Goods of Ann Ukely , March 2 .
Ann Ukely . On Monday the 2d of March, between 7 and 8 o'Clock in the Evening; Mr. Dearmore, and I were at Supper, and heard the Maid shut the parlour Windows. In about a Quarter of an Hour afterwards I went into the parlour, and found the Window pushed up, my Trunk open, and the Goods mentioned in the Indictment taken out.
Ukely. A little Time before I missed them, I went to my Trunk to take something out, and then it was dark and all my Things were safe.
Prisoner. How did you find the parlour Window?
Ukely. It was pushed up as high as it would go.
Prisoner. How near is this parlour to the Room where you was sitting?
Ukely. About 2 Yards or a Yard and half.
Q. Did you observe how light it was at that Time?
Brocas. It was dark.
Prisoner. Could you distinguish one Man's Face from another?
Brocas. No, I could not, when I shut the Window.
Prisoner. How did you fasten the Windows?
Brocas. I put them to, and shut them as close as I could without bolting; and when the House was robbed, the Shutters were opened and the Sash pushed up as high it would go.
Jervis Trueman . On the 2d of March about 7 at Night, the Prisoner John Lowdon and Aleck O-Flack brought a Bundle of Things to my House, in a white coarse Apron. I can't say what Things they were, but they left this Curtain with me.
Q. When did you see this Curtain in your House?
Dearmore, I went into the parlour about 7 o'Clock the same Evening it was stolen, and then it was there.
Prisoner. Was it light or dark when you saw it?
Dearmore. It was dark.
Prisoner. Was it light enough to distinguish one Person's Face from another?
Dearmore. I opened the Stair-Case Window, and there was a Person singing Ballads, but it was so dark that I could not see whether it was Man or Woman.
The Council for the Prosecution set forth, that the Prisoner stood charged with Barretry, and that it was Matter of Concern to see a Man who had been brought up in an honourable prosession , so far demean himself, as to stir up Suits among his Majesty's Subjects, to get Money to himself and distress his Fellow Creatures. That the Prisoner was charged with 15 separate Articles of Barretry, and if there should be proof of three only, that would be sufficient to convict him of this Offence, &c.
The 4th Article against the Prisoner was read, the Substance of which was, That he the said Theobalds , on or about the 13th Day of July 1739 , at the House of William Castledine , did incite and persuade him the said Castledine, to join with him in a Bill of Indictment against John Drinkwater for Barretry; which Bill of Indictment by the procurement of the said Theobald, was preferred to the Grand Jury of Middlesex, and by them found a true Bill. And on or about the 18th of July, by Vertue of the Lord Chief Justice Lee's Warrant, he the said Drinkwater was carried to Woodstreet Compter, and there detained till he gave Bail; and afterwards on the 3d of December he the said Drinkwater was tried for the same Offence and acquitted.
[Here the Record of the Drinkwater's Acquittal was read.]
Joseph Williams . The Prisoner, Castledine, I and some more, had a Meeting together at the Salutation-Tavern in Holbourn, and there it was agreed between them, that an Indictment should be preferred against Drinkwater for Barretry: Theobalds said it would be a Means to bring him to Terms. In a little Time afterwards the Bill was preferred to the Grand Jury, and the Prisoner himself told me it was found a true Bill.
Council. Was there any Mention made of an Act of Barretry that Drinkwater had done?
Williams. No, there were some Indictments between Drinkwater and Castledine, and the Prisoner said that would bring Drinkwater to Terms.
Hannah Thomas . The first Time that I heard any Thing of this Affair, Theobalds came in, and said he had found out a new Way to punish Drinkwater : Then Griffits, Castledine, the Prisoner and another went into the parlour to consult together, and soon afterwards the Bill was found.
Prisoner. Where was all this Discourse?
Thomas. At Castledine's House in Johnson's-Court, Fleet-street.
Council. Was not this Thing set on Foot without your Knowledge?
Griffits . No, I heard that such a Thing was intended, and I joined in it.
Council. Was there not a Cause depending at that Time against Castledine, for keeping a Bawdy-House?
Griffits . I am not positive of that. The Reason why I designed to prosecute Drinkwater was this: He met me and abused me very much, and in about 3 Quarters of an Hour, he served me with the Copy of a Writ. This was in Easter Term, so Castledine employed a Man to take it in Hand, and they got Judgment against me by Default. As soon as this was done, he countermanded Trial, and when I brought it on before the Lord Chief Justice Willes I nonsuited him, and the next Term at Guild-Hall he swore he had no Notice of Trial; when that very Morning he delivered a Brief into his Council's Hand. As to Drinkwater's general Character, he always was looked upon to be a very litigious Man.
Mr. Cummins . About 2 Years and half ago, I was Tipstaff of the Court of King's-Bench, and having a Warrant against Drinkwater, I carried him to my own House, and he behaved himself there in such a Manner, as frighted my Wife very much - I don't think there is such another litigious Fellow in London .
Here the 5th Article against the Prisoner was read, the Substance of which was, that he the said Theobalds on or about the 13th of July 1739, did persuade William Castledine to join with him in a Bill of Indictment against John Drinkwater ; which Bill was preferred to the Grand Jury, and found a true Bill; on which such proceedings were had, that afterwards at the Sessions of the Peace, he the said Drinkwater was tried and acquitted.
[The Indictment against Drinkwater was read.]
Joseph Williams . Theobalds told me there was a Bill found against Drinkwater in London, and that he was on the Back of it as a Witness against him. There was a Bill then depending against Castledine for keeping a Bawdy-House, and Theobalds said, the Way to perplex Drinkwater and bring him to Terms, was to indict him for Barretry.
Prisoner. At Hicks's-Hall they got off by an Artifice, and we were informed that an Indictment for this Offence need not be local, and therefore brought this in London.
The purport of the 8th Article was, That he the said Theobalds contriving to vex John Drinkwater , did apply to Nathaniel Delander and William Lowton , to prosecute the said Drinkwater for a Felony, in receiving 8 l. 8 s. of the said Delander for a Watch, and not discovering the Felon who stole the same: That a Bill was exhibited to the Grand Inquest and found a true Bill, on which Indictment such proceedings were had, that he the said Drinkwater was acquitted.
* See Session's-Book 1739, No. 8. Pag. 164.
William Lawton . I was summoned before Mr. De Veil, and when I came there I saw Mr. Theobalds , and he would have persuaded the Colonel to give me my Oath, how I lost the Watch; I thought it very hard that I should be called on to tell a long Story, and therefore refused to give any Account; however I received a Subpoena to appear before the Grand Jury, but I was not called, and after that, Theobalds told me the Bill was found, and he had done without me.
Prisoner. Did you never swear that this Watch was stolen from you?
Lawton. No, I never did, nor can't.
Prisoner. You say you can't tell how you lost this Watch. He was in a Bawdy-House, and this Watch was taken, and all the Inside of it was taken, and the Shagreen Case found in his Fob: - Every Subject has a Right to prosecute by Jonathan Wild 's Act. Did I not appear as an Attorney in that Cause?
Lowton. I believe he did.
Elizabeth Rayner . I was Servant to Mrs. Deborah Pope , when she was in Trouble about this Watch; and Mr. Theobalds would have given me 5 Guineas to swear against Drinkwater whom I never saw. I was to swear that I saw Drinkwater give Mrs. Pope 4 Guineas on Account of the Watch, that it might be paid back!
Hannah Thomas . I used to be always at Castledine's House, and I think I heard Theobald say in the parlour, that he promoted this prosecution against Drinkwater, and it was to transport him on some Act, but I can't tell what.
There were divers other Articles exhibited against the Prisoner, but there not being sufficient Evidence he was acquitted .
William Lane. The Prosecutor sent for me to take Charge of the Prisoner. I asked Shipman before I would search the Prisoner, what pieces he had lost? he said there were about 18 or 19 s. and a half Crown among them, and 3 three pences or Groats, one of which had a Hole in it. Upon that I asked the Prisoner what Money he had in his pocket; but he refusing to let me know, I searched him, and found a half Crown, 2 Groats, and a 3 pence besides other Silver.
Elizabeth Holmes . I was coming into the Prosecutor's Shop to buy some Thing, and saw the Prisoner behind the Counter with his hand in the Drawer: upon that I called the Prosecutor, and he then said he was robbed.
John King . I was going to my Neighbour's House between 9 and 10 that Night, and heard Theives cried out; and just as I got to the Door, it was shut. I forced in and took hold of the Prisoner's Collar, but he was so resty that we could hardly keep him from getting clear. When he found that we were determined to hold him, he fell to cursing and swearing in a prodigious Manner, and the Prosecutor being an Officer, I persuaded him to send for another , and when he came, I saw the Money taken out of the Prisoner's pocket.
Prisoner. The Money was my own, and I never was behind the Counter. Guilty Felony.
Sarah Dake . I went to a Cellar in the Back-lane, the Corner of Well-close Square , to enquire for a Friend, and she desired me to sit down. Accordingly I staid about half an Hour, and this Money being loose in my Bosom, I was afraid it would drop out; and so I went to take it out to put it into my pocket, and then Sarah Brown thrust her Hand down my Bosom by main Force, and said, you B - give me your Money! the Prisoner Jewers held my Hand while the other took my Money. After this, I came up to the Stair-head, and cried Murder, and then they took my Hat away.
Prisoners Jewers . She had but half a Crown in the World, and she called for Liquor.
Prisoners Jewers . This Girl (Dake) came to the Cellar for her Sister: she sat down several Minutes, and called for several Quarterns of Liquor; I changed her half a Crown to pay for it, and after that, she had more Drams .
Dake. They gave me two small Glasses, and said, if did not drink it, they would either throw it in my Face or down my Bosom. Both Guilty .
62. Michael Thickston , of St. George Hanover Square was indicted for stealing a Silk Purse, value 6 d. and twenty two Guineas, the Money of Edward Armison : in the Dwelling House of Catharine Strickland , Feb. 26 .
Edward Armison . I am Servant to the Lady Strickland, and this Money was in a purse in a Chest of Drawers, in the Room where I lay. I saw the Money in my Chest, about 10 Days before I missed it. On my complaining of my Loss, my Lady ordered all the Servants Boxes to be searched, but nothing was found. This Search was on a Thursday Night, and on the Friday Night the Prisoner who was postilion to my Lady, made off. In a few Days afterwards, he was taken in southwark, and had changed his Name to that of George Robinson , that he might not be known. The Person who apprehended him sent for me, and I went before 2 Justice with him; but he would not confess any Thing, only said he changed his Name, because he had got a Woman with Child, and was apprehensive of being troubled on that Account. After this he was searched, and 10 Guineas and 11 s. found upon him, which he said were given him by a Woman whom he was to marry; but when he was called on to produce that Woman, he could not.
Prisoner. Did you ever see me take the Money?
Armison. No, I never saw him take it; but he asked me to lend him some Money, about a Fortnight before this Robbery, and I refused it.
Prisoner. Was the Drawer in which you put your Money locked?
Armison. I am not certain whether it was or not.
Prisoner. Did you never say you lost the Key of your Drawers?
Armison. Yes, I lost the Key, and had a new one made, but never altered the Lock.
John Bell . I and my Fellow Servant, Thickston, searched the Drawers and the Room all over, but found nothing: then I asked him if any Body saw him put the Money into the Drawers, and he said no Body did but the Postilion.
Bell. On Thickston's complaining of his Loss, all our Boxes were searched, but nothing found; and then we thought the Prisoner looked the most suspicious of any Body in the House; and my Lady Strickland going out that Evening, the Prisoner took an Opportunity to pack up his Things, and went off, although at the same Time he had Money due to him for Wages.
John Andrews . The Prisoner was brought before Justice Engier , and declared that his Name was George Robinson , that he was postilion to the Lady Strickland, and came away for getting a Woman with Child in that Neighbourhood.
Osmand Cook . I am a Waterman, and carried the Prisoner on board a Virginia-Man, and when he came back, he complained that he was desolate, so I let him lie with me a Week, and all that Time he went by the Name of George Robinson .
63. 64. Thomas Hayes and Thomas Lowin of St. Mary le Bon , were indicted (with Thomas Sheers and John Higgins not taken) for stealing 400 wt. of Lead, value 40 s. fixed to the Freehold of John Churchman Feb. 7 .
John Hood . John Higgins , Thomas Sheers , the 2 Prisoners and I took about 400 Wt. of Lead off Mr. Churchman's House, about 5 Months ago. I carried it home to my House, and they allowed me to sell it for 9 s. 4 d. per Hundred; but I got 12 s. per Hundred for it, and sunk the rest of the Money .
- Gardner . I have known Lowin some Time, and his general Character is, that he is a very honest Fellow. Both Guilty .
Thomas Hayes and Thomas Lowin were a 2 Time indicted (with Thomas Sheers and John Higgins not taken) for breaking and entering the Dwelling House of John Churchman , about one at Night, and stealing a Saddle, a Bridle, a Saddle-Cloth, a Brass-pot, and a leaden Jack-weight, the Goods of Jacob Moreland ; and a Wainscot Table the Goods of John Churchman , Feb. 7 .
John Hood . The 2 Prisoners, Higgins, Sheers, and I robbed Mr. Churchman's House at Mary-le-Bone . Thomas Hayes and Thomas Sheers hoisted Higgins on the pantiles belonging to a Skettle Ground: Higgins then pushed up a Sash Window, and went in, and let us all in at the Yard-door. When we got into the House, we broke open the Kitchen Door, and struck a Light, and took out a a Saddle, a Bridle, a Saddle-Cloth, a Jack-weight, and a great Brass-pot. These Things we carried to my House in White-Lion Street , which the Prisoners persuaded me to take, on purpose to deal with them in this Way. The brass Pot, Bridle and Saddle. we sold for about 30 s. the Jack-weight we sold to one Mr. Thistleton , but the Table is at the Prisoner Hayes's House now.
Mr. Gibbons . That Saddle was found in Hayes's possession.
Hayes. Hood said that the Saddle and Bridle were carried to his House.
Hood. Yes, when we took them they were carried to my House, and the Monday following we all agreed that the Saddle was worth 20 s. and the Prisoner Hayes allowed us so much for it, and took it to his own House. He had a Ground Floor backwards in a House in White-Lion Street , and I saw the Saddle hang up in the Cloth some Weeks afterwards.
Prisoner Hayes. I only bought the Saddle of him: Can he say that I was concerned with him in stealing it?
Hood. Yes he was, and the other Prisoner too.
Lowin. Was I ever in the House?
Hood. Yes, he was in the Entry of the House by the Kitchen-Door.
Lowin. Did not you swear before Justice Poulson , that I stood in the Street all the while?
Hood. He stood in the Street afterwards to look out.
Mr. Moreland. This House is Mr. Churchman's , and he used to go 2 or 3 Times a Week there, but I don't know that there was any Bedding there, or any Conveniencies for a Family.
Prisoner Hayes . I never had no Concern with Hood till I bought the Saddle of him: I did not know him nor ever had any Conversation with him till then.
John Peacock . The 2 Prisoners and Hood used my House about three Months ago, and then they seemed to be pretty well acquainted.
Ann Mercer . The 2 Prisoners and Hood used my House in Short's-Gardens some Time, and I heard the Prisoner Hayes and Hood making a Bargain about a Saddle, a little after Christmass . I never knew any Thing amiss of either of the Prisoners, but Hood always seemed to be a very quarrelsome Man.
65, 66. Thomas Oxley and John Wallis , alias Black Jack , of St. George Bloomsbury , (were indicted with John Higgins not taken) for stealing 34 lb. Weight of Lead, Value 10 s. fixed to the House of George Spencer , January 28 .
John Hood . About 5 or 6 Months ago, the 2 Prisoners and Higgins brought 3 Quarters of a Hundred of Lead to my House, I gave them 7 s. for it, and the next Morning they carried me to Mr. Spencer's House, and said that was the place from whence they took it.
67, 68. Thomas Oxley a 2d Time, James Macculla and John Winch , were indicted for stealing 6 Hundred Weight of Lead, fixed to the Brew-House of William Pain , and Langley Blackenbury , February 1 . Oxley Guilty , Macculla and Winch Acquitted .
The following Persons who were under Sentence of Death, having an Offer of his Majesty's Pardon, on Condition of Transportation, thankfully accepted the same, and Sentence was pronounced on them accordingly: viz.
Received Sentence of Death 3.
Burnt in the Hand 1.
To be whipped 1.
To be Transported 30.
Mary Woodward , Mary Groom , Samuel Ostrow , Thomas Tailor , John Storer , Benjamin Kirby , Charles Bird , Thomas Barton , Elizabeth Clay , Esther Miller , Richard Lesborough , Mary Tate , Daniel Mackenny , John Leverett , Ann Chamberlain , Margaret Mullins , John Toms , Samuel Ellard , William Hale , Elizabeth Rance , William Bowers , Mary Provost , Penelope Coleman , Thomas Hayes , Thomas Lowin , John Wallis , Thomas Oxley , Mary Barrow , Joseph Cole , and Ann Shute .
The following Persons who were under Sentence of Death, having an Offer of his Majesty's Pardon, on Condition of Transportation, thankfully accepted the same, and Sentence was pronounced on them accordingly: viz.