FRIDAY the 28th, SATURDAY the 29th, MONDAY the 31st of August, and TUESDAY the 1st of September.
In the 15th Year of His MAJESTY'S Reign.
NUMBER VII. for the YEAR 1741.
BEING THE Fourth 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 Rt. Honourable the Lord Chief Justice WILLES, Sir JOHN STRANGE , Knt. Recorder; Mr. Serjeant URLIN, Deputy-Recorder, and others his Majesty's Justices of Oyer and Terminer for the City of London, and the Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
2. James Hall , of St. Clement Danes , was indicted for that he being a servant to one John Penny , gent . not having the fear of God before his eyes, &c. on the 18th day of June on the said John Penny , then and there being his master, in the peace, &c. traiterously, feloniously, wilfully, and of his malice afore-thought did make an assault, and with a certain iron bar, val. 2 d. which he the said Hall in his right hand had and held, on the hinder part of the head of him the said John Penny , traiterously, feloniously, wilfully, and of his malice afore-thought did strike, giving to him one mortal blow which broke his skull; of which said mortal blow he then and there instantly died .
He was a 2d time indicted for stealing a silver case for instruments cover'd with shagreen, a lancet with a tortoiseshell handle, a pair of steel scissars, a blade of a knife, a blade of a penknife, a silver ear picker, a pair of tweesers, a pair of steel spurs, a silver pencil, 2 razors, 7 sticks of sealing wax, 2 pair of gloves, a green silk purse, 12 guineas, and 20 half guineas, the goods and money of John Penny , gent. in his dwelling-house , June 18th .
He was a 3d time indicted for stealing a silver case for instruments, cover'd with shagreen, a lancet with a tortoiseshell handle, a pair of steel scissars, a blade of a knife, a blade of a penknife, a silver ear picker, a pair of steel tweesers, a silver pencil, 2 razors, 7 sticks of sealing wax, a pair of gloves, a green silk purse, 12 guineas, and 20 half guineas, the goods and money of a person unknown, in the dwelling-house of a person unknown , June 18th .
The Prisoner pleaded guilty to each indictment , and received sentence of Death accordingly.
3. John Stevens, alias * Henry Cooke , of Stoke-Newington , was indicted for assaulting John Zachary on the king's highway, putting him in fear, &c. and taking from him a gold watch, val. 12 l. a gelding of a sorrel colour, val. 10 l. a saddle, val. 20 s. a bridle, val. 3 s. a whip, val. 6 s. a pair of gloves, val. 2 d. and 2 guineas, the goods and money of the said John Zachary , July 17th .
* See Sessions book, 1740. No 8. Part 2 d.
The Prisoner being arraign'd stood mute; the reason of which being demanded by the court, he reply'd, that a considerable sum of money had been taken from by the constable who apprehended him, and unless that was restor'd to him, he was determin'd not to plead. The court then order'd a clause
Notwithstanding this the Prisoner still continued obstinate, and the court then inform'd him what would be the consequence of persisting in such a resolution; but he still appearing unconcern'd, the following sentence was read to him:
That he be sent back to the prison whence he came, and there laid in a dark, mean room stopp'd from the light, his back on the bare ground, and nothing upon him save something to cover his nakedness. That his arm shall be stretch'd with a cord soften'd to one corner of the room, and his leg to another, and his other arm and leg shall be serv'd in the same manner. Then shall be laid on his body iron and stone as much as he can bear and more.
The next day he shall have 3 morsels of barley bread without drink, and the day after he shall drink as much of the water next the prison door, except it be running water, as he can drink at three several times; and this shall be his diet till he die.
After this the necessary orders were given, and the executioner sent for to perform the usual office of tying the Prisoner's thumbs before the execution of the sentence; but before that was proceeded upon, the Prisoner pleaded not guilty, and the following evidence was given.
Mr. Zachary. On friday the 17th of July last, about 6 o'clock in the evening, I was returning on horseback from Edmonton to London, and to avoid the dust, I took to the lanes, and did not come the great road. At Palmer's Green I first observ'd the Prisoner behind me on a little horse. He was meanly drest, and I took very little notice of him. I was by my self, and he kept following me for near three miles, 'till he came to the new sluice at Newington , and at the bottom of the hill, he ask'd me whether that road went to Islington? I told him, yes; that Newington church was before, and that Islington was a quarter of a mile farther. Upon that immediately his horse's head was close to mine, and with oaths and imprecations he threaten'd my life; at the same time producing a pistol in his right hand, which he held directly to me, and swore he would shoot me dead. I ask'd him what he wanted, and he still threaten'd my life, and took hold of my horse's bridle, and put the pistol to my breast. I ask'd him a second time what he wanted, and he then said he knew I had a charge of money about me, and was determin'd to have it. I was very much surpriz'd to see his pistol in so dangerous a position, for his hand trembled so much, that unless he dropp'd his pistol, he could not avoid drawing the trigger. Upon this I told him I would deliver if he would drop his pistol and behave well: He then did drop his pistol, and said he would behave as a gentleman. I then deliver'd him two guineas and a gold watch, and ask'd him if he wanted any thing farther with me; and he said, I must alight, for he knew I had more money about me. I was unwilling to do that till he gave me his promise that he would not use me ill; and then I did alight, and each of us had our horses bridles in our hands. He then search'd me for more money, but found none, for I had a little silver that he did not take notice of. After all this had pass'd, I ask'd him whether he had done with me: He reply'd he had not, for he must have my horse and whip, and accordingly he did take them, and left me his own horse and a little switch whip in the stead.
Q. What was your horse worth?
Mr. Zachary. I gave 15 guineas for it but a little before, and my whip I paid 17 s. for. He likewise took from me a pair of gloves, which were found upon him when he was taken.
Q. Which way did he go then?
Mr. Zachary. He took my horse which was saddled and bridled, about 20 yards from me, and then mounted and rode off towards Palmer's Green. I advertis'd my horse the next day, and in about ten days after that, the Prisoner was taken, and I had it again by his directions.
Q. What did the Prisoner say to you?
Mr. Zachary. When he was taken I saw him at Justice Chandler's, and I went to him in Newgate two days afterwards, and then he told me my horse was at Mimms Wash. Pursuant to this direction I went out that night at 9 o'clock, and found my horse, saddle, bridle and whip in a stable there, and they were deliver'd to me.
Q. Have you got your watch again?
Mr. Zachary. I heard that the Prisoner was at Justice Chandler's and I went to him. This watch was then produced, and I knew it to be mine.
Q. Are you sure the Prisoner is the man?
Mr. Zachary. Yes, I am positive he is the person.
Pris. Did I ever say any thing to you where your horse was?
Mr. Zachary. He confess'd it to persons that came directly to me.
Pris. You ought to have had those persons here then.
Martha Underwood . I know the Prisoner very well. On tuesday morning the 28th of July, I saw him a little beyond Bow-Church in Cheapside, and followed him to Mr. Taylor's at Norton-Falgate, where he was taken.
Q. How came you to follow him?
Underwood. I had not heard of this robbery; but the people said he was the person that murder'd
Q. Did he say where he had those watches?
Underwood. No, Sir. - I can say nothing as to this gentleman's watch, but I saw 5 taken out of his pocket in a snuff colour'd handkerchief.
John Haines Constable. On tuesday morning the 28th of July, I took the Prisoner on that woman's (Underwood's) information, and when he was before the justice, I found this and 4 other watches upon him.
Mr. Zachary. This is my watch; I know it by the mark and number, M. Storr 3321.
Haines. I took the money from him myself, and likewise these gloves.
Mr. Zachary. These gloves fit me, and as much as any body can swear to a pair of gloves, I swear to these.
Haines. Here are some pieces of silver which I took out of one of his pockets.
Mr. Zachary. This silver is the button to my whip, and it exactly answers to what I advertised.
Tho Rogers . I am beadle of Shoreditch parish, and the constable sent for me to bring hand-cuffs for the Prisoner, and I went to Justice Chandler's but did not see him search'd. When the Prisoner was before the Justice, he denied that his name was Cooke, and said that he came from Bromley, and never saw Stratford: upon which the Justice order'd me to go down to Stratford to enquire, and I brought up some of the inhabitants to prove him to be the man; and one of them shook hands with him, but the Prisoner swore he would not shake hands with them, nor would not own them. Mr. Haines sent for me to assist him, and the Prisoner told us he was a gentleman born, and desired to be used as such, upon which we indulg'd him with a coach, and carried him to Justice Chandler's, and then I saw Haines produce the watches.
Pris. I have no body here to speak for me, but must rely on the favour of the court. Mr. Zachary advertis'd the man who robb'd him to be 5 feet 3 inches high, and pock holes in his face, and I am not like the person, for I am 5 feet 7 inches and an half. As to the watches I bought them, and if I had time I would produce the persons whom I bought them of. I came from Birmingham in Warwickshire, and buy and sell watches, and if I had had time I would have made a better defence, but now I must leave it to the mercy of the court. Guilty Death .
Stevely guilty 4 s. 10 d. Burn acquitted .
Edward Barnet . I took the Prisoner in the Broadway, Westminster, on the first of August between 3 and 4 in the morning. He had a bag with 8 geese in it, on his shoulders, which he threw down when he saw me. There was another person with him, but he made his escape, and in pursuing him we found a bag of fowls thrown over into a yard, which together with the geese were carried to the Beadle's house, where they were own'd by the Prosecutor.
Keeling. I saw the geese at the Beadle's house and know them to be mine by a particular mark in the webs of their feet.
- Bates. Between 3 and 4 in the morning, I saw the last witness lay hold of the Prisoner; and he dropp'd the geese, and said he would swear a robbery against him for taking them from him. They were carried to the Beadle's house, where the Prosecutor own'd them.
- They were all hot when we took them.
Prisoner. I was going to see for harvest work, and pick'd this bag of geese up; but as to the fowls I know nothing of them. Guilty .
Joshua Thompson . I lost a black gelding with a stripe down his face out of my stable near the Fox and Goose , at the Dog-house bar ; but I was out of town, so that I know nothing of the fact but what my servants told me.
Q. Was the door lock'd?
Gregory. I can't tell whether it was or no, but he took away the horse, and bid me stand stag for fear any body should come by.
Q. What did you do with the horse?
Gregory. We sold him to a collar maker to be knock'd o'the head, for he was but a poor horse.
Gregory. We did sell him to a collar maker for 7 s. 6 d. and I had part of the odd 6 d. and the Prisoner had the rest.
Thomas Gilton . My father is the collar maker, and is lame, or else he would have been here himself. The Prisoner sold us a horse between 12 and 1 in the day time, about the middle of April. He ask'd 12 s. for it, and my father bid him 5 s. for we never give more for any horse. The Prisoner sell his price to 9 s. and at last took 7 s. 6 d. for him, and I took the horse to the Duke of Cumberland's killing and kill'd him. He was beat with broomsticks from shoulder to flank, and did not look worth 10 s. to us.
Prisoner. I never saw the horse, nor never (ever) was near the place.
The jury found him guilty to the value of 7 s. 6 d. Death .
9, 10. William Gray and John White were indicted for breaking and entering the dwelling house of William Ashley , about 12 at night, and stealing 68 pounds weight of iron, call'd bolt staves, val. 24 s. the goods of the said William Ashley . July the 7th .
William Ashley . The Prisoner White was my apprentice . On the 7th of July my house, which is close to my shop at Limehouse bridge , was broke open. The neighbours call'd out to me, that there were thieves in my house, upon which I got up, and call'd Rose! Keeper! and t'other dog's name - a young puppy that I have, and they all fell a roaring like mad. I then thought there could not be thieves in the house, but however I ran up stairs, and White was gone, I perceived; so I struck a light and went to the street door, and saw him (White) coming in. I ask'd him where he had been? He said he could not sleep, and had been to take a walk: What, says I, do you walk without shoes? He said he was very hot, so I took him in, and told him, he or somebody else had robb'd me, and I took a stick and 'nointed him heartily. After this I set him to work, and got a pipe of tobacco, and watch'd him a little while, and then I call'd up my foreman and went to bed. When I got up again, I order'd 1200 of bolt staves, which I knew the weight of, to be weigh'd over again; and then White desired my foreman to save him, and say there was an hundred weight more than there was. The foreman informing me of this, I told the boy, if my cane was a sword I would run him through, and ask'd him what he had done with the Iron, and he told me, Gray had got them in his house. Upon this I went to Justice Jones and got a search warrant; and when I came to Gray's house there he was sitting with his back against a closet, but I took him from thence, and found 96 lb. of my iron standing upright in the closet before me. When I had found my iron, Gray fell on his knees, and both he and his wife offer'd me a bond of 50 l. to let him go; but I told him he must expect nothing from me but what the law directed.
Pris. White. This man is innocent of it; I carried it to his house.
Gray. He brought it to my house, and desir'd me to let him leave it there, and said he would fetch it again next morning.
The court was of opinion that Gray could not be affected by this indictment, therefore directed the jury to acquit him, and recommended it to the Prosecutor to prefer a bill against him, as an accessary after the fact.
Gray acquitted , White guilty Felony only .
11. William Gray was indicted, for that a sessions held at Justice hall in the Old Baily, August the 28th, John White was according to due course of law tried on an indictment, for that he about 12 at night, the dwelling house of Wm. Ashley did break and enter, and 68 lb. weight of iron called bolt staves did steal &c. and by a certain jury of the country &c. he the said White was acquitted of the burglary, and found guilty of feloniously stealing the said goods; and for that the said Gray afterwards, on the 8th of July , the same did receive and have, well knowing them to be stolen .
The record of White's conviction was read, and the same evidence being produced as in the above trial, the jury found the prisoner guilty .
12. William Allen was indicted for stealing a peruke, val. 20 s. the goods of Jonathan Freake , another peruke, val. 2 s. the goods of Dudley Baxter , and another peruke, val. 15 s. the goods of Thomas Brookshank in the shop of Jonathan Freake ; July 9th . Guilty 4 s. 10 d.
Mr. Maynard. On the 11th of last month, between 9 and ten at night, I was at supper with some friends at my house, and one of my servants told me a dumb fortune teller was below, who must speak with me. Having a mind for a little diversion I order'd her to be brought up, and accordingly the Prisoner appear'd. When she saw me, she made signs with her fingers that an old servant of mine had robb'd me of 2 pieces of gold; I was very much surpriz'd at an accusation of this sort against a person who had liv'd with me 20 years, and therefore in the Prisoner's presence I went to my
Prisoner. He gave me a supper, wine, punch and money, and why did he not search me before I left his house?
Mr. Maynard. I had no suspicion of her then.
Prisoner. It is very hard that I could take the money before his daughter's and his house keeper's face.
Robert Lincham . On sunday morning the 12th of July the Prisoner and another woman came to my shop at Kensington to buy a pair of shoes. I sold the Prisoner a pair, and she told me she could not pay me unless I could change her a five guinea piece. This piece she gave me, and I went to Mr. Lock's with it, and he changed it for me.
Lincham. I gave the Prisoner the change, and then she said she had saved it at work at a farmer's at Ealing, and that it was her summer's work.
Margaret Rigley . I live at the Grey-Hound at Hammersmith. The Prisoner came to our house and made signs for a lodging, I can't tell what day of the month it was, but it was on a sunday. We gave her a lodging out of charity, and about a fortnight afterward she came again, and then she spoke, and said she wanted to buy a pair of shoes: she desir'd me to lend her my hat to cover her face for fear she should be seen; I did so, and went with her to Mr. Lincham's, where I saw her buy a pair of shoes, and change this 5 guinea piece.
Prisoner. Did not I change a guinea the thursday before the gentleman was robb'd; and did I not tell you I had five more?
Rigley. She did change a guinea at my landlady's, and said she had 5 more in her petticoats beside that which she had changed.
Prisoner. I brought this piece from Ireland.
William Connor . I have known the Prisoner about 6 months. I keep a public house, and she has come and spent 3 d. with me, and I never saw any thing by her but what was very good. She always us'd to speak when she came to my house.
17, 18. Elizabeth Ashley and Mary Ward were indicted for stealing a callimanco gown, a camlet quilted petticoat, a linen shift, a camlet cloak, 4 linen aprons, 3 linen caps, 5 linen handkerchiefs, a cambrick handkerchief, and 3 linen sleeves , the goods of Elizabeth Evans , Aug. 19 . Ashley guilty , Ward acquitted .
20. Patrick Bourne of Hampstead was indicted for breaking and entering the dwelling-house of Richard Haly , and stealing a pair of silver spurs, val. 15 s. a watch with the outside and inside cases made of silver, value 3 l. a guinea and 22 s. the goods and money of the said Haly , July 2d .
Richard Haly . The Prisoner work'd for me for 2 years last past, in harvest-time, but finding him loose, on the 27th of June last I turn'd him away, and on the thursday following, in the night time, my house in the parish of Hampstead was broke open. The next morning I found a very remarkable fork which the Prisoner us'd to work with in my house, and that gave me a suspicion of him, and the saturday morning following I went in pursuit of him. I rode up and down the country a great while to no purpose, and as I was returning home at sunset, I spy'd the Prisoner about a gunshot
Richard Haly , junior. After the Prisoner was in custody, I heard him say, that when he entered the house he heard our clock strike twelve, and the first thing he took out was the small bureau, which he carried a field or two and then rifled. That he came in again and broke open the closet and the corner cupboard; but I did not hear him mention what he took from thence.
Richard Porter . I was servant to Mr. Haly at this time. We had been brewing, and I had been fetching some grains, and saw the brewhouse quite safe over night, and the next morning the window was cut through, and a pane of glass taken out. I saw the silver watch and spurs taken from him, and heard him own the fact, and he said it was about 12 o'clock when he got into the house.
Prisoner. I have nothing to say for myself, but must refer myself to the mercy of the court. Guilty Death .
21. James Moulds of St. Mary Rotherhith , mariner , was indicted for that he not having the fear of God before his eyes, &c. and contriving and intending one Edward Stone to kill and murder, on the 3d of July in the 10th year of his majesty's reign , a great quantity of liquid laudanum, being deadly poison, into a certain liquor called flip, did put and mix, he well knowing the same to be poison, and afterwards that he the said Moulds the poison aforesaid, so mixed, &c. to him the said Stone did give and cause to be given, to drink and swallow down: And afterwards he the said Stone the said poison by the procurement of him the said Moulds did drink and swallow down, whereupon he the said Stone by the poison aforesaid, so as aforesaid taken was render'd sick and distemper'd, of which sickness, &c. from the said 3d to the 5th of July he languish'd and then died .
The counsel for the king having opened the indictment, and the nature of the evidence, the witnesses were called.
Counsel. How long have you known the prisoner?
Stimpson. I had known him about a year and half before this happen'd; I was on board with him, and the ship was just come from Norway to this port of London, laden with deals.
Counsel. How long had the ship been here before he went on shore?
Stimpson. It might be about 5 or 6 days, and I heard that he was very sick with drinking some flip when he went on shore.
Counsel. Do you know any thing of the making this slip?
Stimpson. Yes, Sir, I made it my self by the Prisoner's directions.
Counsel. Can you remember what you put into it?
Stimpson. There was beer, sugar, and brandy, and he told me what I must put into it was the same as limons.
Counsel. Why did you put any thing else into it?
Stimpson. Yes, Sir, the prisoner gave me a phial of stuff to put into it.
Counsel. How much might there be in the phial?
Stimpson. To the best of my remembrance there was about a small dram-glass full.
Counsel. What colour was it?
Stimpson. It was of a reddish colour, and the Prisoner told me it was of the same nature as limons, but I did not taste it.
Q. Did you taste the flip?
Stimpson. Yes, I drank twice, and it made me vomit very much; and I think it had a sort of bitter taste. - It did not taste sour at all.
Q. How much did you drink of it?
Stimpson. I might drink better than a gill, but I don't think I drank half a pint of it. We had about 3 pints in the whole.
Counsel. Who drank of it besides you?
Stimpson. There was one Davy, another officer, and 2 or 3 more belonging to the ship drank of it; and I afterwards saw Davy vomiting in the hold.
Stimpson. There was the maid on board the ship ask'd me to let her drink of it, and I never heard her complain.
Q. How long had the liquor in the phial been put into it when she drank?
Stimpson. About a minute or two, and I had not stirr'd it.
Counsel. How came you to know that the stuff in this phial was laudanum?
Stimpson. I never heard that it was; but to be sure it was something of detriment. I told the Prisoner when I was in Yarmouth goal, that it was something more than ordinary; and he said that Alexander, one of the foremast men, went on shore for it and gave it him, and he told me I need not give my information so strong. He said it was a sleeping dose, since I have been in Newgate.
Counsel. Do you think if this flip had been made in the usual manner it would have had this effect?
Stimpson. No, Sir.
Counsel. How came you to get to Yarmouth immediately after the death of Stone?
Stimpson. Mr. Foster the surveyor came on board and examined me in the cabbin about this; and when I came out of the cabbin, the Prisoner bid me go on shore, or else I should come into trouble; and when I came on shore I saw Stone on the half deck by the main shrouds vomiting, but I can't tell whether he drank of the flip or not.
Counsel. How long after the people had been drinking this liquor, did you see Stone?
Stimpson. About 3 hours and a quarter: He was then awake, and was walking sore and ast on the deck.
Counsel. Had you any discourse with the Prisoner after Stone died?
Stimpson. He told me an officer was dead, and that it was reported that capt. Cox's people had been the occasion of his death; and so by his persuasion I went down to Yarmouth.
Thomas Davy . I and the deceased were officers of the customs on board this ship. On saturday between 3 and 4 o'clock in the afternoon, Banks alias Vanderbank, a one-eyed man, brought the cann of flip down and recommended it to John Ross one of the King's watermen, and he drank of it.
Counsel. Did Banks drink of it himself?
Davy. I saw him put the cann to his mouth, and he said, Mr. Ross my service to you; but he did not seem to have his lips wet.
Counsel. Was there any complaint of an ill taste that it had?
Davy. Yes, it had an ill taste and an ill smell too.
Counsel. What sort of a taste had it?
Davy. A sort of a spicey taste. I drank about a coffee cup full, and it work'd upon me as if my dinner did not fit well, and I call'd for some small beer; that made me vomit, and I continued drinking and vomiting 'till 10 o'clock at night.
Counsel. If this liquor had been honestly made do you think it would have troubled you?
Davy. No, if it had not been intoxicated with any thing.
Counsel. How long did you st ay on board?
Q. Can you say that Stone drank any?
Davy. No; but after the people in the hold had drank of it, it was sent up to him on deck.
Q. Did you know this Stone?
Chandler. Yes, very well, and I saw him drink of it, but I can't tell what quantity.
Q. Who brought it to him?
Chandler. I can't tell. The officers and all the ships crew were together in the hold.
Q. Who drank besides Stone?
Chandler. Stimpson and Banks. One Gardiner who was cook of the ship told me he drank a pint and half of it, and he was very sick after it, for (he said) he drank the bottom of it, and stirr'd it up with his knife.
No other evidence being offer'd to support the charge, the Prisoner was acquitted .
It appearing that the Prosecutor was robb'd of a silver mug, and not of a tankard, as mentioned in the indictment, the Prisoner was acquitted .
24. 25. Mary Harris alias Murphey and Arthur Murphey of St. George the martyr , were indicted for assaulting Hester Parker in a certain field and open place near the King's highway, putting her in fear, and taking from her a linen frock, val. 2 s. a linen cap, val. 4 d. and two topknots, val. 1 d. the goods of the said Hester Parker ; July the 25th .
At the Prisoner's desire the witnesses were examin'd apart.
Q. What was done to you when she took you up in her arms?
Parker. She put the knife pretty near my stomach, and said she would rip me up if I offer'd to cry, and then she set me down again. After she had done she put me by a ditch side and ask'd me if I would have a plumb bunn or a plain bunn, and I told her I would have a plain bunn, and while she was gone to fetch it, a gentleman came and lifted me off the ditch, and two little girls went home with me.
Q. Do you remember any thing of the man?
Parker. I should not know the man so well as the woman.
Q. Did you lose any thing?
Parker. Yes, sir, a frock, a cap and a knot. The woman pull'd off my frock, and the man took out the pins.
Q. When was this done to you?
Parker. It was done in the field, before they set me on the bank.
Q. Was the man present when the woman first took you up?
Parker. Yes, sir.
Q. Was your frock taken from you before the woman threaten'd to rip you up?
Parker. Yes; I cried after my frock was pull'd off, and she threaten'd to rip me up.
Q. Look at the Prisoner; are you sure she is the woman?
Parker. Yes, I am very sure of it.
Pris. Murphey. Does she know that I was present when the woman first took her up in the street?
Parker. No, not at first.
Pris. Harris. Do you know me, my dear?
Parker. Yes, I know you very well.
Arthur Parker . When I came home at 8 o'clock in the evening, the child told me she had been robb'd, and describ'd the persons. She was very positive to the woman, and could swear to her dress, but as to the man she did not know him so well. The girl said the woman was very much disfigur'd with the small-pox; and had on old black shoes, and a blue worsted gown, which very gown she wore when she was taken. As to the man, she described him to be the person that was lying behind the ditch with a handkerchief about his head, while she was sitting among the women in the fields, but she could not recollect his face. The next day, being tuesday, I went to several twopenny lodgings to enquire for the Prisoner, and spent that day to no purpose; upon which I ask'd the child if she cou'd recollect any of the streets the Prisoner had carried her through, for the Prisoner pick'd her up in Bond's stables, crying for the missing of us; and the Prisoner telling her she knew us, and would carry her to Pancras where we were, the child very gladly embrac'd that opportunity to come to us. When I ask'd the child if she could tell which way she went, she recollected Gray's Inn Lane; upon which I carried her up Chancery Lane, and she remember'd the green trees there. I then carried her through Gray's Inn, she did not know that, but as soon as we came into Gray's Inn Lane, she remember'd being led through it by the Prisoner. At the upper end of Gray's Inn Lane, there is a turning goes to Sadler's Wells; I took her that way and she did not know it, but she said, Daddy! there is the sign of the Bottle, glass and bunn, and if she could see that she should know the way. She soon discover'd the bottle, glass and bunn; and said there was a gateway somewhere thereabout through which the Prisoner carried her. When she came to the end of the road she was at a stand, and at last shew'd me the gate and a dunghill, and she told me she remember'd them very well. After the child had shew'd me the place where she was robb'd, I went in pursuit of the Prisoners to the Castle alehouse in Bloomsbury, and enquir'd of the drawer, who gave me the same description of the woman's clothes, as the child had done. I was unsuccessful that day, and could not hear of the Prisoners, but I afterwards got a warrant, and gave it to the landlord of the Castle to execute, and I had not sate above an hour in the house before the Prisoner Harris came in, and the child scream'd out as soon as she saw her. We made her pull off her hat, and the child's cap and topknot were found upon her. Upon this she was carried before Mr. De Veil, and being ask'd how she came by the cap and topknot, at first she stammer'd a little and said she bought them in Monmouth-street, but could not tell of whom, so she was committed for further examination. This was on the thursday, and on the tuesday following, I took the Prisoner Murphey on his master's shopboard, and I expected he would put on the same cloaths he usually wore, but instead of that he took a coat from a bundle of cloaths that were pil'd up for sale. I then took him to the Justices, and at first he strenuously denied being in the fields that day; but at last he own'd that he was drunk, and that having lost his hat and wig, he slept in the ditch with a handkerchief about his head.
Pris. Murphey. Does he not take us up for the sake of the reward?
Mr. Parker. No, by no means, for I did not know there was any reward 'till some time afterwards.
Ann Hart . On the 22d of July, I saw a child of this size come up to the side of the bank where the Prisoner was sitting. I believe it might be about 4 o'clock in the afternoon. The child enquir'd the
Pris. Harris. Are you sure I am the woman?
Hart. Yes, I am sure of it. The Prisoner Murphey was lying asleep on a bank at the side of the ditch at the same time. I am sure it was he, for he desir'd me to take care of his hat and wig, and I tied the handkerchief about his head. He was pretty much in liquor, and when the Prisoner and the child went away he slept on for a little while, and then he got into the ditch and went away, but which way he went I can't tell.
Elizabeth Baily . I sell gingerbread by Powis's wells. The Prisoner desired me to go to the Castle in Bloomsbury to desire her husband, the other Prisoner, to come to her in the fields. I went into Holborn, and in my way I met him, and when I came back again Mrs Hart told me that the Prisoner Harris was gone away with a child. The Prisoner Murphey presently came up, and laid himself down on the bank with a dirty handkerchief about his head, and after he had slept some time, he got up and went away down the field, and afterwards that same night I saw both the Prisoners together in Southampton Row.
Pris. Murphey. Did you not meet me in Holborn about the hour that the child was robb'd?
Hart. I did meet him in Holborn, but I can't tell as to the hour. I was at the Justices when he was examin'd, and he said he was very much fuddled, and own'd he was in the fields; but he afterwards contradicted himself and said he was not.
Catharine Parker . I took my child's cap off the Prisoner's head at the Castle alehouse in Bloomsbury. I am very sure it is mine, for there was a hole in the corner which the child tore by turning her head aside while I was putting it on. There was a wash'd topknot on it, and it is common for people to cut the ends of ribbon to prevent fraying, I never do cut them, and this which I took upon the Prisoner was not cut, and therefore I take it to be mine.
John Birt . Mr. De Veil's warrant was brought to me to take the Prisoner Harris, and in about half an hour she came by my door. I took her into the house, and the mother of the child took this cap and knot from her, and said it was her's. I ask'd the Prisoner about it, and she acknowledged to me that they were the child's, and that she took them off in the fields.
Pris. Harris. I was sitting with this woman that sells gingerbread, and the child asking for her father and mother, I led her to the bottom of Red Lion Street, and there a woman said she knew the child and took her away.
Pris. Murphey. As for their taking me up, I never went out of the way, I was every day at my work.
Eston Pattison. I have known him ever since I can remember, and when my mother kept a public house, he used it, and has been trusted in it drunk and sober, and I do not think he would be guilty of a base action.
Ann Lanson . I have known him 18 years, and I believe he would live 3 days on a chew of tobacco before he would rob any body. He went by the name of mad Murphey, but I believe he never was so mad as to commit a robbery.
30. Isaac Earle was indicted for stealing a cloth coat, val. 10 s. the goods of James Poogey ; a cloth coat, val. 5 s. and a pair of leather breeches, the goods of James Johnson , August 22 . Guilty 12 s. 6 d.
31, 32. Mary Mason and Mary Coleman were indicted for stealing 2 cloth coats, val. 5 s. the goods of James Bury , and a pair of stays, val. 2 s. the goods of William Jennings , July 31 . Coleman acquitted , Mason guilty 10 d.
34. Elizabeth Hardy of Paddington was indicted for breaking and entering the dwelling-house of Edward Wainwright , about four in the afternoon, one William Harris Clark being therein, and stealing a silver spoon, value 10 s. 4 pewter tea spoons, val. 3 d. 2 linen caps, val. 2 s. 6 d. a pair of worsted stockings, val. 12 d. a paper of pins, val. 6 d. a broken piece of silver money, value 2 d. 2 s. 6 d. in
Edward Wainwright . I live at Paddington . On the 12th of July I lock'd up my door and went to a neighbour's house about a quarter of a mile off, where I staid an hour or something better, and when I return'd I did not find my house in the same condition as I left it, for a quarri of glass in the ground room was taken out, and the casement was open. I miss'd 4 s. 4 d. in farthings, and a silver spoon, a paper of pin, 2 s. 6 d. in silver, half a 6 d. broke in two, 2 cap - I can't tell whether they were linen or holland, and a pair of stockings. The Prisoner took them away when she got into the house.
Q. What reason have you to believe so?
Wainwright. She must have some liberty to take them, or how could it be? This man took her as she was coming out of the window, and she own'd it all to him
Isabella Wainwright. I keep a chandler's shop. I and my husband went out, and I fasten'd and barr'd up the house my self, and the window was hasp'd very strong, and was very hard to be got open. There was no glass broke about the place when we went out, and when we came home, the window was broke and the casement was open. The Prisoner was then at my next door neighbour's, and I ask'd her why she did so, and she said she did break open the place to take my goods away.
John Aldridge . On sunday the 12th of July, between 4 and 5 in the afternoon, William Harris Clark call'd out at the Prosecutor's garret window, to one Saunders and I, that his landlord and landlady were gone out, had lock'd the door, and that somebody was robbing the house. We went to the fore window and look'd in and saw no body: then we went to the back window which look'd into the shop, and saw the shutter which encloses the shop, broken, and the drawer a little way out; and we perceived the Prisoner's legs half way out of the window, getting out. We immediately seiz'd her, and her pocket being over fill'd, I saw a pair of purple stockings and a cap in it. We took her to a public house, and there she pull'd out the goods and money and confess'd the fact.
The Prisoner having nothing to offer in her defence the jury found her guilty . Death .
35, 36. Thomas Neal and Elizabeth Neal were indicted for stealing a dimity gown, two silk gowns, a cotton gown, a diaper table cloth, and a velvet hood the goods of Richard Hewet , July the 28th . Thomas guilty , Elizabeth acquitted .
39 * Alexander Flack of St. Martins in the fields was indicted for breaking and entering the house of Earnest Christian Crull , about 8 at night, and stealing 40 pair of cotton stockings, val. 5 l. 20 pair of thread ditto, val. 50 s. and 20 pair of worsted ditto, val. 50 s. the goods of the said Crull : February the 8th .
Mr. Crull. I am a habit maker and keep a stocking shop in St. Martin's parish. On sunday the 8th of February, I went out and fasten'd my doors, and when I return'd at a little after nine, my doors were broke open, and my goods gone, and I never had a pair of them again.
John Lowther . I am a party concern'd, and was at the breaking of this man's house. The Prisoner, Lupton (who is executed) and I went out one sunday night between 8 and 9 o'clock, about 6 months ago. We unlatch'd the door of this stocking man's house, broke open the side door of the shop, and took out 130 pair of stockings. Flack open'd the outer door, I went in and broke the shop door open, and after we had lighted a candle and lanthorn, Flack and I went in, and took the stockings off the shelf, and put them in a bag into Flack's apron. After this we took coach, and carried the goods of Jenny Johnson 's in Rag fair; we kept a pair a piece for our own wear and the rest we sold to her for 4 l. out of which Lupton had half a guinea, and the remainder was divided between the Prisoner and myself.
Prisoner. If you will please to grant me one favour, you will find I am innocent. He is going to hang me for the sake of the reward, and if you will let Mr. Gumley who is a debtor in Newgate be brought hither, he will shew that I am entirely innocent.
C. Look about, do you see Lowther here?
Gumley. I fancy I should know him if I was to see him: - that man is like him.
C. Do you mean that man in the red waistcoat?
Gumley. I really can't say whether I do or no. A man may be very much alter'd; but I can't say I see him here.
Prisoner. What did you hear Lowther say?
Mary Dawson . I never saw the Prisoner before yesterday, but I happen'd last thursday to go to Clerkenwell Bridewell to see a friend that was there, and I heard Lowther say, that Flack was not the man that was any way concern'd with him, but he would hang him for the sake of the reward.
Justice Poulson. I took Lowther's information, and he confess'd that he had committed forty odd robberies.
* See Sessions book 1739. No 8. page 161.
He was a 3d time indicted for breaking and entering the house of Matth.ew Wheeler , about 9 at night, and stealing a silver two-handled cup, a silver pint mug, a silver pepper box, a silver spoon, and a silver punch ladle, the goods of the said Wheeler , March 29 .
Matthew Wheeler . I live in Denmark-Court in the Strand. On Easter-sunday last, the outside shutters of my parlour windows were open'd, and a blind which was fasten'd with two brass bolts, taken down and laid upon the bureau, and the goods mention'd in the indictment taken out of the beauset.
John Lowther . On the 29th of March between 8 and 9 at night, Lupton, Flack, and I went out to see what we could get. Flack carried us to Mr. Wheeler's house in Denmark-Court, and said it was a brave chance if we could but nail it. The Prisoner pull'd open the winder-shutters, and somebody coming by, we were obliged to keep at a distance for a little while till they were gone, and then I push'd up the sash window, and endeavour'd to take down the blinds, but I not being able to do it, Flack said he would get in, or the Devil should have it, and accordingly he unbolted the blind and put it on 2 bureau, and he brought out a silver pint pot, a silver quart cup, a pepper box and a punch ladle, and put them into my lap. I stood a-cross the window at the same time, and Lupton was standing at the end of the court to tip him Peter. When we had got all these things, a child came out of a chandler's shop with a candle, and that surpriz'd us so much that we let a spoon drop on the floor, and we never staid to take it up, but ran into the Strand, where we took coach and drove to Jenny Johnson 's, in Rag-Fair, and Flack sold them to her for 4 l. 15 s. but he sunk the odd 15 s. on us. Lupton for his share had half a guinea, and the rest the Prisoner and I divided between us.
John Johnson . On the 10th of this month, I and another man took the Prisoner at the two Fighting Cocks at Chelsea, and as soon as we came out of the yard there, he cried for mercy, and said he was a dead man, and knew he should be hang'd; and when he came to the coach at Chelsea-college gate, he offer'd me ten guineas to let him go. I ask'd why he begg'd to be excus'd, and he said he knew there was a rogue that would swear his life away.
Prisoner. He took me at a skettle ground: I was drunk, and was bowling for a horse, and told him I would go any where with him. They search'd me and found nothing upon me.
Johnson. We neither of us search'd him, but he himself gave us a knife out of his pocket.
Butler Davenport . We took the Prisoner in a skettle-ground standing to see the people bowl. He desir'd us to let him go, and when we came to Chelsea college gate, he said he knew there was an evidence against him in Bridewell, and he should be hang'd.
Jury. How came you to take the Prisoner?
Mr. Poulson. The Prisoner was brought before me. I told him I had several information against him for felonies and burglaries, and that Lowther was the evidence against him, and that I would send for him that he might see him face to face. Upon this the Prisoner said he had been concern'd with Lowther in several felonies; but if he transported him he could not hang him.
Johnson. I was before the Justice all the time, and when the Justice read Lowther's information, all I heard him (the Prisoner) say was, to desire the Justice to leave off that discourse and begin another.
He was a 4th time indicted for breaking and entering the house of John Dearmore , and stealing a brown coat, and a callico bed-curtain, the goods of the said Dearmore; a lutestring gown, a quilted petticoat, and a riding hood, the goods of Anne Ukely , March 14 . Acquitted .
John Jones was indicted for privately stealing a silk handkerchief from the person of Hazelrig Metcalf . Aug. 2 . Guilty 10 d.
Gommery and Ingoldsby guilty 4 s. 10 d. Glasscock acquitted .
46. Edward Cummins was indicted for stealing a wooden box, 5 linen shirts, a pair of stockings made of silk and worsted, 2 napkins, a 36 s. piece, 3 guineas, 2 half guineas and 12 s. the goods and money of Joseph Poole , August 9 . Guilty .
47. Elizabeth Harbut was indicted for stealing 3 linen shifts, 2 cambrick aprons, and 3 linen aprons, the goods of Frances Tancred ; 2 tea-spoons, a cap made of cambrick and lace, and a pair of silver clasps, the goods of Joseph Attack ; and a linen shirt, the goods of Robert Car ; July the 30th . Guilty .
Catharine Conyers . I went to buy some mackarel of the Prisoner, and I told her I could not pay her for them unless she chang'd me a guinea, upon which I gave her the guinea and she never brought it me again. Acquitted .
49. Elizabeth Ford was indicted for breaking and entering the house of Thomas Hubbard , about 4 in the afternoon, no person being therein, and stealing a stuff quilted petticoat, a canvas hoop petticoat, a linen handkerchief, and other things the goods of the said Thomas Hubbard : August 20 .
Thomas Hubbard . I live at Kilburn in the parish of Hampstead. On the 20th of August about 4 in the morning, I went out, and lock'd the doors, and left no soul in the house. I return'd, between 3 and four, and found my house broke open; the wall was pull'd down, a pane of glass taken out, and all my goods ransackled, but none of them taken away.
Elizabeth Hubbard . I am the wife of the last witness. I had been out a nursing, and came home on thursday the 20th of this month at 4 o'clock in the morning. I found my house broke open, and the Prisoner in the house. Part of my cloaths the Prisoner had on her back, and the rest were pack'd up ready to be carried off. I charged her with taking them, and she made me no answer, but undrest herself and gave me my things again.
- Witner. I was at work near the Prosecutor's house, and seeing the wall broke, I sent for the key of the door and went into the house, and saw the prisoner there and these things upon her. I ask'd her how long she had been a house-breaker, and she look'd very hard at me, and said nothing; then these people came in, and this woman saw her cloaths on the Prisoner's back. She had made a great bundle of things, but had tied nothing up.
Prisoner. I was going along the road and met a young woman who desir'd me to go with her to her aunt's. Accordingly she took me to this house, and put me in, and desired me not to be frighted. We went into one of the rooms, and she told me these cloaths belonged to her, so I drest myself in them, and then she went away and these people came and took me.
William Vaughan . I have known her between 3 and 4 months, and never found her dishonest. Once in particular, I dropp'd half a guinea in my room and she brought it to me before I knew that I had lost it. Guilty 4 s. 10 d.
Thomas Alcock . This day sevennight, about 12 or one at night, I was got a little in liquor, and hearing some musick in a house as I pass'd along, I went in and call'd for some beer. They inform'd me that they sold nothing but China ale; however I went up stairs, and had 2 or 3 quarterns of liquor. There were some women follow'd me up stairs; Davis the Prisoner was one of them, and after we had drank our liquor, I agreed to go to bed with her, and one Martin Heath who was with me made a bargain with another creature, and we paid 6 d. a piece for our beds. I fasten'd the door of my room and we had not been in bed 6 minutes before the Prisoner Ross came up, and a man like a Chimney-sweeper or coal-heaver with him. He beat against the door in a strange manner, and swore he would kill me if I did not get up. I thought it very hard as I had paid for a bed not to be suffer'd to sleep in it, so I put the bed stead against the door to keep them out. I had a sword by me and I drew it, thinking to kill two or three of them, but then considering with myself that I was in a strange place, I thought it best to let them alone; so I put my sword up,
Q. Did the Prisoner Ross do any thing to you?
Alcock. Yes, he stood over me with a stick as thick as my wrist while she took the breeches.
Alcock. I don't know but I might say so.
Ross. When I came up stairs to bed, did I offer to strike you in any shape?
Alcock. They came up swearing, and said they would kill me.
Frances Provert . I met the Prosecutor by chance, and went with him to this house, and when we were a-bed, Ross came up, and a woman took the breeches from the bolster, but I can't say that it was the Prisoner Davis.
Q. Where was Ross when the woman took the breeches away?
Provert. He was standing over the Prosecutor with a stick. The Prosecutor had his breeches again, for they were laid at the feet of the bed by the same woman that took them away.
Winifred Rawlins . I was with Martin Heath at this house, and heard the Prosecutor cry out he should be murder'd. His breeches were brought down stairs, and I took the money out of them, and it was disbursted, for Ross had it all. There was a guinea, a half crown, and two shillings, and Ross had it all but one crown which he gave me. I can't tell who brought the breeches down stairs, for when I and Heath were with Alcock in the room up stairs, Davis was not there. Both acquitted .
55, 56. Elizabeth Haines was indicated for stealing a canvas bag, val. 1 d. 23 guineas, a half guinea, a thirty-six shilling piece, and 8 s. 6 d. the money of John Downes ; and a pair of scissars, val. 2 s. 6 d. and 6 s. the goods and money of Robert Tailor , in the dwelling house of John Downes , July 5 . And
Robert Tailor . I was in liquor down in Chick-lane, and the Prisoner Haines pick'd me up and took me to a place where I had 3 or 4 quarterns of gin, and afterward she follow'd me to my room at my master's Mr. Downer's the Greyhound in Smithfield . I had that day received 28 l. and a crown for my master, and I am positive I had it safe, for before I went to bed I lock'd it up in a closet in my room, and put the key into my pocket. The Prisoner did not go to bed with me, and I being over-charg'd with liquor fell asleep presently, and when I 'wak'd my money was gone and she too. I made enquiry after the Prisoner Haines, and the Prisoner Gibbs gave me ten guineas of my money again, upon condition that I should not prosecute; and she told me she had it of the other Prisoner Haines.
Pris. Gibbs. Did he ever see me before I brought him the ten guineas?
Tailor. Yes; I don't say she was with me when I was robb'd, but she was with me at the house where I was drinking gin. I was robb'd on the sunday night, and on the monday the ten guineas were brought to me.
Samuel Downes . On the 5th of July, about 5 in the afternoon, I paid Tailor 28 l. 5 s. for my brother John Downes , and on monday morning about 4 o'clock he call'd me out of bed, and told me he had been robb'd. I made what enquiry I could, and found out the Prisoner Gibbs, who said she would get me ten guineas of my money again if I would give her a note not to prosecute her, and accordingly I did, and she went out, and fetch'd ten guineas wrapp'd up in a rag. She put it on the table, and told me I must take it up, for she would not give it me, and that it was part of the money that Haines took from this fellow. She said, she lay drunk on a bed in the place where it was taken, but she would not tell me where. On the saturday following we took Haines, and she confess'd that she knew Tailor very well, that he had been with her before, and that she robb'd him of 21 guineas and a 36 s. piece. I ask'd her what she had done with the money, and she told me she had given it to Suky Gray , (the woman of the house) who gave her only one guinea of it for herself.
William Boomer . I was in search of the Prisoners, and came into the house just as Gibbs was paying the ten guineas. I took charge of her and the woman who kept the house, and she (Gibbs) said she knew nothing of the robbery, but that she had the money from the Prisoner Haines. I afterwards took Haines at Clerkenwell, and she confess'd to me that she pick'd Tailor's pocket of his money
Pris. Haines. The Prosecutor always was with me as a husband, and has frequently left money with me to take care of: He left this money in my landlady's hands, and I never saw him till the monday sevennight following, and then he took me.
Gibbs. I never said I received the money: Tailor gave me this note, please to let it be read.
Tailor. This is Mr. Downes's writing, and this is my mark.
Gibbs guilty , Haines guilty single felony .
The Prosecutor not appearing, the Prisoner was acquitted .
58. Ann Forman alias Colby was indicted for stealing a woman's thread-sattin gown, a linen hoop petticoat, a linen under-petticoat, and other things , the goods of Margaret Murphey , July 1st . Acquitted .
63. Ann (the wife of Simon) Lewis of Endfield was indicted for privately stealing a cloth purse, value 2 d. 2 guineas, a quarter moidore, and 8 s. in money, from the person of Henry Porter , Aug. 22 .
Henry Porter . Last saturday was sevennight I was going by this woman's house at Endfield , and call'd for a pint of beer. They told me they sold no liquor but cherry brandy, so I had some small beer an d some brandy, and I pull'd out my purse to pay for it, and they saw what money I had. This was in the kitchen, and there was a girl frying some beef steaks at the same time. After I had paid for my liquor, I fell asleep, and when I 'wak'd I miss'd my money; and then Simon Lewis the Prisoner's husband came in swearing at me, and bid me get out of his house. Upon this I went to a house about half a mile off, and they advis'd me to go to Mr. Rondeau the constable; accordingly I did, and we went to take up the girl that was frying the steaks, but Simon Lewis lock'd the door upon us, and 2 lusty fellows beat us, and gave us black eyes and knock'd us up and down the house, so that the constable was forc'd to run away and leave his hat behind him for fear of being murder'd. One of the men ran after me, and swore if he caught me, he would kill me; but he fell over head and ears into a ditch full of water, and so I saved my life. The next morning we got more assistance and went to the house and took them all, and the Justice bound them over, but we gave some people money to look after them, and they made them drunk and got away.
Ann Wright . The prosecutor came to our house very full of liquor, and call'd for a pint of strong beer. We had none, so he had a quartern of brandy and a quartern of gin, and then he pull'd out a leaden shilling and two pence, and paid for his liquor. Afterwards he desir'd to lye down on a bed in the kitchen; he did so and the string of his purse hung out of his pocket. I was frying a pan of meat, and saw Simon Lewis catch hold of the string, and he pull'd the purse out, and gave it to the Prisoner. Acquitted .
64. James Brown was indicted for breaking and entering the house of John Bennil , about 12 at night, and stealing 2 brass pots, 2 pewter dishes, 4 plates, and 3 pewter spoons, the goods of the said Bennil , June the 18th .
John Bennil . I live in the parish of Old Ford . On the 18th of June last, my house was broke open, between the hours of 11 at night and four in the morning. Some large pantiles were taken off my brew-house, and a brass pot, 2 pewter dishes, 14 or 15 pewter plates, and a few spoons were taken away. The next night these men that are evidences, came to me and inform'd me they had got my goods and the man with them in Mile End watch-house. I went to the watch-house my self next morning, and found the Prisoner and my goods; and I ask'd him how he came by them, and he said he found them.
Henry Hollaly . I was sent for to the sign of Why not beat Dragon at Mile End, to take charge of the Prisoner. I ask'd him how he came by the goods, and he told me he brought them from Chelmsford and was carrying them to Windsor. I took him to the watch-house, and one of our watchmen informing me that the Prosecutor had been robb'd, I and the man at the Why not beat Dragon went to him, and he came next morning and own'd his goods.
William Weston . On the 19th of June, between nine and ten o'clock, I was coming from my master's house, and saw the Prisoner sit in the middle of the path with a brass pot under him. I and my fellow servant went to the Why not beat Dragon, and call'd for a pint of beer, and in the mean time 3 men came up, and then the Prisoner put the pots into the ditch, and flung himself across them. We then had a suspicion of him, and went and took him and the goods to the watch-house, where they were own'd by the prosecutor.
John Walker . My fellow servant (the last witness) and I were coming from work, and seeing the Prisoner sitting on the pots, we pass'd him. He ask'd what o'clock it was, and my fellow servant told him it was between 9 and 10. Upon seeing him in so suspicious a posture we concluded to watch him, and went to the alehouse just by for a pint of beer. Presently 3 men coming up, I observ'd the Prisoner throw the pots into the ditch and fling himself across them. Upon this, we took him on suspicion of stealing them, and after having put him into the custody of the man at the alehouse, we took him to the watch-house.
Prisoner. I have the misfortune to have but one hand, and therefore can't be employ'd by every body. The day after this robbery was committed, I went down to Barking to a commander of a vessel with whom I had made several voyages, in order to be enter'd on board with him, and as I was returning to London, I turn'd out of the path, and found these things. It is morally impossible I could commit this robbery, for having lost my right hand, and having 2 great boils on my left, it is impossible I could carry them far. Guilty Felony only .
Henry Anderson . On the 19th of this month, between 2 and 3 in the morning, the Prisoner pick'd me up in the street, and carry'd me to her lodgings in Wych street . I was pretty full of liquor and fell asleep, and when I awak'd, madam was gone and had taken my watch with her.
Henry Mould . Last wednesday was sevennight about 9 or 10 o'clock at night, the Prosecutor brought me a warrant against the Prisoner for robbing him of his watch, and gave me notice of a house where she had left it for some money. I went down to this house, and made a little noise, and in a very little time the woman of the house brought me the watch, and said she had lent some money on it, but hoped she should not come into any trouble about it. As to the Prisoner, I gave my watchmen orders to take her into custody if they met her, and I was call'd up about 3 in the morning to take charge of her, and she confess'd the fact before the Justice.
Sarah Adams . An Irish woman brought me this watch, and desir'd me to buy it. I was unwilling to have any thing to say to it without seeing the owner of it, and so she brought the Prisoner, and I lent her some money upon it.
Prisoner. I was going to see for my husband, and the Prosecutor went with me to my lodging. He had no money, and I would not give him my company without, so he gave me his watch to get some money. Acquitted .
Peter Taxon . I was coming from on board a ship at Blackwall and met the Prisoner in a field. At her desire I went with her to one Johnson's house in Well Close Square , and we had a full pot of beer in her room, up one pair of stairs, and after she pick'd my pocket, she call'd her landlady up, and filed off and I saw her no more.
Q. When did you miss your money?
Taxon. I miss'd it just after she was gone, and I am sure I had it just before, for I felt every piece in my pocket.
William Mansel . I am a constable and serv'd the warrant on the Prisoner on the 24th of July for this robbery. I took her before justice Jones, and there she could not deny the taking the money, and said her landlady had thirty six shillings poundage out of it.
Prisoner. I was standing at my door, and the Prosecutor came by and said he would take me up for stealing his money. He carried me before Justice Jones, and offer'd to acquit me if I would give him 2 guineas, and make him satisfaction for a silver piece that he had lost. I never had been in trouble, therefore was willing to make it up, and then he would not take less than three guineas. Guilty 10 d.
70. Elizabeth Humble was indicted for stealing a gold ring, set with 7 diamonds, 2 gold mourning rings, a pair of silver shoe-buckles, a silver medal, 4 English printed books call'd the Iliad of Homer, 4 other books call'd the Works of Mr. Thomas Brown , one other book call'd Seneca's Morals, and one other book call'd Palladio's Communia the goods of John Thomas , in the house of Thomas Snow Esq ; July 11 . Acquitted .
Frances Jefferies , Elizabeth Davis , and Mary Smith , were indicted for privately stealing 18 s. 7 d. 1/2 from the person of Rich. Shuter , Aug. 10 .
Richard Shuter . This Gentlewoman (Smith) held the candle, while the other young gentlewoman (Davis) pick'd my pocket, and gave Jefferies 13 s. 6 d. of my money. I was very much in liquor, and was coming down Whitechappel , and happening to meet Mary Smith , I agreed to give her 6 d. to let me lie in Jefferies's house, and while I was asleep they pick'd my pocket.
Q. How do you know they pick'd your pocket if you was asleep?
Shuter. Davis confess'd it before the Justice in the same manner as I have mention'd.
Prisoner Jefferies. Davis lodged in my house, and owing me some money for lodging, she desired me to take this money in part.
Smith. I was at home all the evening with Mrs. Jefferies; I was very ill, and let Davis and this man into the house. As for knowing any thing of the money, I never saw it. Acquitted .
John Kennyman . About four weeks ago, between nine and ten at night, the Prisoner and another met me in Fenchurch-street , and carry'd me to a house where I lost my watch; but I can't say that the Prisoner took it.
George Wardley . I am a constable. On sunday the 26th of July my watchmen inform'd me that the Prosecutor had made great complaints about a watch. I order'd them to send him to me, and I promis'd him to use my endeavours to get it again for him. The Prisoner not appearing as usual for two or three nights, I took her into custody, and carried her before the lord mayor; but the witnesses that were then present are not here.
Mr. Welch. On the 6th of August I came home, and was inform'd that the Prisoner was in custody for stealing lead, from a house that I have in Belton-street . I went to the Round-house, and ask'd the Prisoner about it, and he beg'd for mercy; and the Justice was so good as to offer him favour on condition of his going into some garrison abroad, and he consenting. a serjeant was sent for, but the Prisoner proving to be an Irishman, he was refus'd.
Prisoner. I was coming from Tottenham-court, and went into a passage, and saw the pipe at my feet. Guilty .
The Prosecutor not appearing, the Prisoner was acquitted .
77. John Senor of St. James Westminster was indicted for that he not having God before his eyes, &c. on the 2d of May , on Alice Mimms an infant about the age of four years and an half, and within the age of ten years, did make an assault, and her did ravish and carnally know and abuse, against the from of the statute, &c .
Sarah Mimms . On the first of May the Prisoner desired me to come to the labour of his wife: I did so, and the next day I sent him home to my room to give my children some sheep's head and bread, and as my child Alice Mimms told me, he us'd her very ill. She has been dead a month to morrow, and was 4 years and 6 months old when this misfortune happen'd to her.
Q. How came she to tell you any thing?
Mimms. I observ'd something which gave me some uneasiness, so I took her to Slaughter's coffee-house in St. Martin's-lane, and the surgeons advis'd me to put her into the workhouse, and there she died.
James Butler surgeon. On the 22d of June last the child was sent to me by the overseers of the parish of St. James Westminster; and as I did not chuse to administer Mercurials while she was out of the house, I order'd her into the work-house.
[The witness gave a particular account of the child's disorder, which our regard to decency obliges us to conceal.]
The child was between three weeks and a month in our workhouse, and I cur'd her of her disorder and discharg'd her from thence: But about a fortnight or three weeks afterwards she was taken with an inflammatory fever and died. I open'd her after her death, and found her lungs all excoriated: The Pleura which is a membrane that lines the internal side of the ribs was inflam'd and likewise excoriated; by reason of which excoriation, the mouths of the vessels had discharg'd above a pint of water into the breast, which certainly was the cause of her death.
Elizabeth Head . Mrs. Mimms is my lodger. On saturday the 2 d of May I saw the Prisoner go up into Mrs. Mimms's room, and when he came down again, he said he had been to give the children some victuals.
Mary Broad . On thursday last I was going to counsel for advice, and going through Bartholamew Fair I met the Prosecutrix. She told me she believed her child got a hurt on some timber in the new buildings; that she was very willing not to hurt the Prisoner, and that it was that curst stuff they gave the child at the workhouse was the occasion of its death.
A witness. I work'd for the Prisoner's mother, and have seen him go out and come home very sober, and I always took him to be very diligent.
A witness. I have nothing to say but that he used my house, and his mother lived in very good credit.
Prisoner. I was at work at my lord Albemarle's for a gentleman now in court, and they giving it out that I went away upon this affair, as soon as I came to town I resign'd myself to Mr. Mimms.
Mr. Rawlinson. I took the Prisoner into custody, and he endeavour'd to make his escape. Acquitted .
Richard Patfull . On the 26th of July my servant told me that somebody had stole my saddle, and the Prisoner offering it for sale to Mr. Ealey who made it, he was detected, and confess'd he stole it out of my stable.
John Ealey . On monday the 27th of July the Prisoner brought this saddle to me, and desir'd to know the value of it. I look'd at it, and ask'd him how he came by it, and he said he had it from a groom at Hounslow who was ill and wanted to dispose of it. I told him it belong'd to Mr. Patfull, and I would stop it till he brought the person that own'd it. He went away, and in an hour's time came again with a note without any name to it, desiring me to return the saddle to the bearer, if I did not think proper to buy it. Upon this I sent for Mr. Patfull, and before he came, the Prisoner own'd he took it out of the stable at ten o'clock at night.
Prisoner. I leave it to the mercy of the court. I never was concern'd in any fact before. Guilty 10 d.
79, 80. John Jacobs , and Thomas Cottel of the liberty of the Tower , were indicted for stealing a hempe, ck, val. 2 s. 6 d. and 3 bushels of coals, val. 2 6 d. the goods of Arthur Grainger , August, 18 .
Arthur Grainger . I am a carpenter by trade but deal in coals , and the Prisoner Jacobs I employ'd to drive my waggon. I order'd a lighter of coals at a wharf near the Tower, and sent Jacobs down to load them; and having information that he robb'd me, I took him up, and carried him before Justice Richards, where he said that the coals which I charg'd him with belong'd to the Prisoner Cottel. I then went to see for Cottel, and he came voluntarily before the Justice: but when they saw one another they quarrel'd, and each confess'd that they had taken my coals, and said there were other porters at the wharf concern'd with them, who ought to suffer as well as themselves.
Christopher Pottecary . On the 18th of August last we landed ten chaldron of coals for the Prosecutor at Butler's wharf, and as I was going up to White-chapel, I saw the waggon stop just by the side of Tower-ditch. I imagin'd some roguery was going forward, therefore I watch'd them, and saw the Prisoner Jacobs putting a sack of coals out at the tail of the waggon upon Cottel's back, and he carried them to a Cook's shop on little Tower-hill. I was just at the door, and heard the man says, I buy no such coals. Upon that he brought them out again; and I told him if he did not take care of the coals I would send him to goal. Upon that I left him, and acquainted the Prosecutor with what I observ'd.
Jacobs. I had a dram given me to carry this sack of coals to Tower-hill, and the men at the wharf told me they were their own.
William Minton . I have known the Prisoner Jacobs thirteen or fourteen years. I am a butcher belonging to the victualling office, and have employed him these four or five years, and never knew but that he was honest.
For Cottel no one appear'd. Both Guilty .
81. Ann (the wife of William) Castle of St. John the Evangelist was indicted for stealing a camlet riding-hood, val. 3 s. a woman's silk gown, val. 5 s. a mob made of linen and lace, val. 18 d. the goods of Mary Dobbs ; 2 copper pottage-pots, and a copper cover, a pewter dish, a bell-metal skillet, and a pair of cloth breeches, the goods of Robert Dobbs in his dwelling-house , June 14 .
Mary Dobb 's. The Prisoner was employ'd as a chair-woman at our house in Fry-street , Westminster, and while I was out of town she took an opportunity to steal these goods. When I came home I charg'd her with stealing them, and she own'd the fact, and said she had given them to one Elizabeth Emmery , who is since dead, to paw for her.
Richard Larthrop . As to the stealing of the goods, I can say nothing at all, but upon search they were found at two neighbouring pawn-brokers, and they being carried before a magistrate declar'd they had the goods of Elizabeth Emmery . Upon this, Emmery's examination was taken, and put into the hands of a person who has since had the misfortune to wound his servant, and is obliged to abscond.
Prisoner. The key of the house was left to other people, who might commit the robbery as well as me.
The Jury found the Prisoner guilty to the value of 39 s.
82. Mary (the wife of Samuel) Stow of St. Botolph Aldersgate was indicted for stealing two satin gowns, a camlet gown, a pair of cloth shoes, and a cambrick mob , the goods of Joshua Jordan , July 18 .
Isabella Jordan. About three weeks ago the Prisoner stole three gowns, a pair of shoes, and a cap out of my lodgings in Goswel street . I got her taken up, and she confess'd the fact before Mr. Hubbard, the next witness, and said nothing in excuse of herself.
Prisoner. I gave her a shilling in part of payment at Mr. Hubbard's room, and another shilling she took out of my mouth by force. She took me to three Justices, but none of them being in the way, she discharg'd me, and we drank together like friends, and the next morning because I did not come to work she took me up again.
Hubbard. Mrs. Jordan could not light of a Justice that day, and as for satisfaction, there was none made that I know of.
Prisoner. It was done in Hubbard's room, and he and his wife were both present.
Hubbard. The Prisoner did drop a shilling out of her mouth, and Mrs. Jordan took it up.
Ann Hartly . I was present all the time that the pawn-broker was there, and the Prisoner dropp'd a shilling out of her mouth and the pawn-broker took it up, but it was not in part of payment or any thing like it.
Prisoner. I have no witnesses here, for Mrs. Jordan told me she would not hurt a hair of my head if I would confess where the things were pawn'd. Acquitted .
Richard Mount . About six weeks ago, the Prisoner came to my shop in East Smithfield under pretence of borrowing a handsaw, and found means to carry off an iron crow. He was apprehended, and when I charged him with it before the Justice, he own'd the taking it, and said he had sold it to one Tom Oliver in Fireball Court, Houndsditch, and that Oliver had work'd it up into pestles.
Sarah Griffitts . The Prisoner came to my master Mr. Mount's shop, and desired me to lend him a handsaw. I told him I could not lend any such thing, and he went away; and came again presently and said he would take it. I saw him carry something out, but what it was I can't tell.
- Gardiner. I heard the Prisoner confess the fact before the Justice.
The Jury found the Prisoner guilty .
The Prosecutor not appearing, the Prisoner was acquitted .
Received Sentence of Death 7.
* James Hall was sentenced to be drawn on a hurdle to the place of Execution.
+ Mary White pleaded her belly, and a jury of matrons being impannel'd, she was found not with quick child.
Burnt in the Hand 2.
To be whipped I.
To be Transported for 7 years 35.
James Heater , John White , John Jones , William Allen , William Scot , Godfrey Dun , Elizabeth Ford , Elizabeth Humble , Ann Castle , Elizabeth Ashley , Mary Gommery , Mary Ingoldsby , Thomas Johnson , Margaret Foreshew , Frances White , Robert Stevens , Ann Marsender , Isaac Earl , Thomas Neal , Edward Cummins , Elizabeth Harbut , Joseph Wildix , Mary Cart , Joseph Elliot , Mary Jennings , Samuel Holland , Joseph Girle , Elizabeth Haines , Mary Mason , William Hibbard , John Jacobs , Thomas Cottel , James Brown , Sophia Lowton , and William Cox .
To be Transported for 14 years 2.