WEDNESDAY the 14th, THURSDAY the 15th, and FRIDAY the 16th of October.
In the 15th Year of His MAJESTY'S Reign.
NUMBER VIII. for the YEAR 1741.
BEING THE Fifth 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 LEE, Mr. Baron REYNOLDS , Mr. Serjeant URLIN , Deputy-Recorder, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
Joshna Holland ,
2. 3. James Buquois and Joseph Allen , of Stoke Newington , were indicted for assaulting Charles Wells in a certain field and open place near the King's highway, putting him in fear, and taking from him an iron key, value 1 d. a glass ink-bottle cased with brass, value 6 d. and 2 s. 8 d. in money ; Sept. 8th .
Charles Wells . On the 8th of September 1741, about five in the evening, I was going from Newington-Green to Stoke-Newington : I came through a lane that is called Cut-Throat-Lane ; - rightly so named I believe: It is a foot-passage leading from Newington-Green to Newington; and there are four fields at the end of the lane which lead to Stoke-Newington . When I came into the first field, I saw the Prisoner Allen entering it, and when I came nearer, he and Buquois closed me between them. Allen immediately pulled out a pistol, and with imprecations usual to this sort of gentry, said, Your money! your money ! I desired him to spare my life, and then Buquois took out of my right-hand pocket two shillings, and this disputable six pence, and out of my other pocket, where I usually carry my half-pence , he took five-pence half-penny and my ink-bottle. When they first came up to me, I endeavoured to make some resistance with my cane: They had each of them pistols, and they asked me how I could offer to resist, when I saw they had got arms? When they had rifled me, they were going away; but I called after them, and desired them to let me have my key again, which they had taken with my money: Upon which Allen twirled it to me, and it fell in the grass. I then desired the prisoners to come back and look for it; they did so, and then went off. I immediately pursued them, and met a gentleman's servant, and told him I had been robb'd, but he like a coward would not assist me. Upon this I went on 'till my spirits were much evaporated, and then I met with one Caton, and desired him to assist me, and die or vanquish. I gave him an exact description of the prisoners, and when I had run with him about two fields farther, I thought I should have burst, and was obliged to give over the pursuit. However several people coming to Caton's assistance, the prisoners were both taken and carried to a public house. When they first came in, there was only a glimmering light, but a better being called for, I knew them to be the persons that robbed me. I desired Buquois to let me see what money he had in his pocket, and he pulled out two shillings and this very sixpence. It is a disputable sixpence, and I have had it a great while, and no body would take it. I told him, that six-pence was mine, and I would have it; and I borrowed sixpence of the landlord, to give him in the room of it.
Mr. Wells . Presently afterwards. I am sure they are the men, and I never shall forget them while breath is in my body. I would observe, that Caton was the first man that I called to my aid. I had no weapon but this cane : I struck Allen with it, and in the scussle it was thrown on the grass.
William Corne . I was in the pursuit in the way of taking them. They were in cover under a hedge in a ditch, and the people and I got over the hedge. I had a stick in my hand, and when I got over the hedge, I saw the youngest fellow (Allen) in the ditch. He immediately rushed out of the ditch with a pistol in each hand; one of them was a brass pistol. He presented it at the people that were coming up, and said he would surrender; but instead of that, he turned to running, and then shot the pistol off. The company coming pretty fast, he stepped back about a yard or two from them, dropped his pistols, and surrendered. Then I took up the pistols, and went with Caton's man to take the other prisoner. We went up to the ditch where he was, and told him we would shoot him, if he would not surrender: He made no answer at first, but at last he said, D - n ye , I will kill or be killed, and immediately rushed out of the ditch, and some how or other Caton's man got hold of his cloaths; so that he ( Buquois ) fell on one knee, and we took him.
John Corne . I was coming from town, and was told that two prisoners were upon Hackney Downs , and seeing my neighbour Corne run, I ran too , and just as we came into the field, Allen fired off the brass pistol; then he dropped the other, and he was taken. The other prisoner coming out of the ditch, they took hold of him, and I being a headborough, charged them to aid and assist me, and we took them to the Black-moor's Head at Clapton .
William Caton . The prosecutor came to my shop, and complained of this robbery, and desired me to go to his assistance. He told me, they were gone towards London, and we enquired of some boys, and they informed us, the prisoners were gone towards the Downs . I went after them, and saw them, and my man said, these are the men that robbed the gentleman, which they hearing, immediately drew out their pistols, and swore, if we did not stand off, they would blow our brains out. Notwithstanding this, we pursued them for half an hour to no purpose; but we got more assistance, and then took them. I searched Buquois in the field, and found in his pocket 4 s. 6 d. in silver, and about 5 d. in half-pence. After this we took them to the public house, where Buquois was searched again, and the prosecutor said, he could swear both to this sixpence and to the prisoners.
James Babrooks . I am servant to Caton, and assisted him in taking the prisoners. I had a poker with me, and when I saw the prisoners, I said, those are the two men that robbed the gentleman; which they hearing, pulled out their pistols, and said, they would blow our brains out, if we followed them. We pursued them half an hour or better, and then two or three men came to our assistance, and I sent to Clapton for a gun, and we took them in the ditch.
Caton. While I was pursuing them, they came up to me, and said, they would give me a guinea , if I would be civil. I told them, I would have them dead or alive; and then they offered me two guineas, and said they would be honourable.
William Chipperfield . I have known the prisoner Buquois about twenty years: He served his time to his father, who is a weaver. I know nothing of him, but that he is a very honest man; and I always took him to be three parts a natural.
Francis Bellot . I have known him six years and upwards. He has worked at my house three times. The first time he worked with me he behaved well, only he behaved like a lunatick . He hung himself at my house once, and when I asked him the reason of it, he cried, and said he would do so no more; but after that time I found him very various in his manners.
Nathaniel Higgins . I worked with Buquois in the same shop about nine months, and he behaved well, only sometimes he would run down stairs as if he was frighted out of his wits, and call up the apple-people for nothing at all. I never heard that he attempted to destroy himself.
Philip Flamming. Buquois worked with me about seven years ago, and behaved well.
- Buquois , the prisoner's father. He has followed his business very well, and never wronged any body of a farthing. He used to carry bodds of mortar or do any thing for a livelihood when he was out of business; and when he had done work; he would behave himself almost like-a-lunatick .
Prisoner Buquois . After I was taken, the prosecutor said, he could not swear to either of us, only they persuaded him to it. The butcher (Caton) swears to 4 s. being in my pocket, and he swears to 2 s. 6 d. if you please to take notice of it.
Mr. Wills . I lost 2 s. 6 d. and an uncertain number of halfpence, and the money which Buquois pulled out and threw into his hat was 2 s. 6 d. and some halfpence.
Caton . When I searched him in the field, I found 4 s. 6 d. in silver and about 6 d. in halfpence. We put it into his pocket again, and then carried
They were a second time indicted for assaulting William Johnson on the King's highway in the parish of St. Mary Stratford-Row , putting him in fear, and taking from him a silver watch, value 3 l. a glass seal set in base metal, val. 2 d. Sept. 7 .
The prisoners on their arraignment pleaded not guilty, but being convicted on the former indictment, desired leave to retract their plea; and accordingly pleaded guilty to each .
Sarah Wright . I keep the sign of the Dolphin in Dean Street , Sobe , and the prisoner was my servant . On the 20th of Aug. I was robbed of these things, and the prisoner confessed, both in my house and before the justice, that he let a woman into the house at 12 o'clock at night, and gave her the things when she went out in the morning. Guilty 10 d.
5. Robert Ramsey , of St. Andrew's Holborn , was indicted for stealing a pair of silver candlesticks, value 3 l. a pair of silver snuffers and stand, value 30 s. a silver coffee-pot, value 6 l. and a silver sugar-caster, value 30 s. the goods of Robert Glyn , in his dwelling-house ; Aug. 24 .
Mr. Robert Glyn . I live in Hatton-Garden . I went out of town in August last for about ten days, and left my house and the plate mentioned in the indictment in the custody of several servants. I returned to town on the 24th of August, and found that I had been robbed. I know nothing more.
Thomas Colby . On the 24th of August last, about seven o'clock in the morning, I saw the prisoner and the evidence at Mr. Glyn's door. The prisoner went into the house, and was in for the space of two or three minutes. I saw him come out again with something wrapped up in a red handkerchief: It was of a large bulk, but what it was I can't tell. I was opposite to the house, in Hatton-Garden.
Q. Did you know the prisoner before?
Colby. I have seen him go up the same street several mornings before.
Q. Look at him now: Is that the man you saw go into Mr. Glyn's house?
Colby. Yes, I am sure of it.
Q. Had he any thing in his hand when he went in?
Colby. No, nothing at all. The door appeared to me to be shut, but he took hold of the knocker of the door, and it opened, and he went in.
Prisoner. What time was this?
Colby. About seven in the morning.
Prisoner. You say you saw me go into the house; on your oath, had I a bundle in my hand or not?
Colby. No, you had not.
Prisoner. What was it tied up in?
Colby. It was in a red handkerchief.
Prisoner. How did I go in? - Repeat that again.
Colby. You went up one side of the street, and your brother on the other, and passed the door. You afterwards came back, and went both up to the door together; your brother stood on the step, and you went up to the door.
Prisoner. You say you was on the opposite side of the way; how then can you swear to me?
Colby. I have seen you several times before.
Prisoner. Did I never come to have my wig combed out at your shop?
Colby. Yes, before this, but never afterwards.
Mr. Glyn's maid. I went out to change a guinea, and left my master's door a-jar ; it was on the 24th of August about seven in the morning. I went to change a guinea at a grocer's in Holbourn, and I turned back and could see this man (the prisoner's brother) beckoning to my master's door. I said to the grocer, who can that gentleman be that is beckoning so to our door! he said I need not be surprised, and then I saw the prisoner come from the door with a bundle in a silk handkerchief. I was vastly concerned because I knew the door was left a jar. The prisoner came out and smil'd at his brother who stood at the step of the door, and they crossed Holbourn as fast as they could, and when I went in I found the door not as I left it, and the parlour and beauset doors both open. I called to my fellow servant and ask'd him if he had medd led with the plate, and he said he had not.
Q. How did you find the house at your return?
Mr. G.'s maid. I left the door as close as it could be without locking , and when I returned it was wider, and the parlour and beauset doors wide open: I had cleaned the rooms just before, and I am sure they were shut then.
Prisoner. You say you saw me come out with a handkerchief!
Mr. G.'s maid. I saw you yourself, and you are the man.
Q. What colour was the handkerchief?
Mr. G.'s maid. I believe it was a reddish colour and some white in it.
Prisoner. Did you see me go in?
Mr. G.'s maid. No, but I saw you come out.
Prisoner. You say you seemed to express some fear to your neighbour, why then did you not call some assistance to help you?
Mr. G.'s maid. Because I had an honest heart and you had not.
William Mitchel . I am footman to Mr. Glynn , and was in the parlour about half an hour after 6 o'clock on the 24th of August, and I saw a coffee pot, a pair of silver candlesticks, snuffers and stand, and a sugar castor, and likewise a little candlestick for a wax candle which was not taken with the rest. I was at the kitchen door when my fellow servant went out, and I put my hand against the parlour door and found that it was fast.
Prisoner. You say you are positive this plate was there!
Mitchel. Yes, I am.
John Ramsey . My brother and I committed this robbery. On the 24th of August we went into Hatton-Garden : He on one side of the way and I on the other, and I saw Mr. Glynn's door a-jar. I acquainted him with it, and we turn'd back. He went in and brought out part of the plate in his handkerchief and part in his pocket: - It was an India handkerchief and some white in it, and the plate he brought out was the same that Mr. Glynn speaks of.
C. What employment are you?
Ramsey . I serv'd my time to a snuff box maker; and the prisoner is a chymist, but we went out upon these designs. When my brother had got these things, he cross'd the way, and gave me a coffee pot, and one candlestick. We then cross'd Holbourn and went down Shoe Lane: I went home with the things that he had given me, and he followed in a short time with the rest. When I got home I took the coat of arms out of the coffee pot, and I sold part of them to a silversmith: - There were not coats of arms on all of them.
Q. Who were they sold to?
Ramsey . I sold the candlestick, snuffers and stand to this man Mr. Lee, for 5 s. 4 d. an ounce, and I carried the money to my brother. The coffee pot was sold 2 or 3 days afterwards to another person, but I did not see it sold. The castor I broke to pieces and sold to divers silversmiths. He gave me five and twenty shillings for defacing the arms, and the castor I sold unknown to him and told him it was stopp'd.
Prisoner. Why did you make yourself an evidence?
Ramsey . I was persuaded to it.
Prisoner. Have you never declared that some of these matters which you have now spoken of were the whole truth? - your brother's life is at stake; for God's sake speak nothing but the truth.
Ramsey . I have declared the whole truth.
Prisoner. Did you never declare that part of what you have now said was false?
Ramsey . No, I never did.
Q. Did you give the Prisoner the money that these things were sold for?
Ramsey . He had the money at the rate of five shillings an ounce.
- Lee . This John Ramsey came into my shop on the 24th of August, and brought a pair of silver candlesticks, snuffers and stand: I put them into the scale and asked him what he must have an ounce? he said 5 s. 4 d. and told me he did not understand them, and desired me if they were worth more to give it him. I said, that was the full market price, but I had not cash enough in the house, so I ask'd him to change me a bank note of 20 l. he could not, and I left him in my shop half an hour while I was gone to get it changed.
Q. Had you ever seen him before?
Lee. I had seen him about the beginning of August, and he ask'd me if I bought old silver. He pulled out about half an ounce and asked me what I gave an ounce for old plate? I asked him what it was? and he told me an old lady was dead in the country and had left him some plate for a legacy, and he would dispose of it or change it: I told him I should be very proud to serve him in either way, and as he appeared like a gentleman I really thought the things had been his own.
Prisoner. May it please your lordship: I shall call a few witnesses to prove my character and my manner of life, and to contradict part of what the evidence has said, and I hope you will observe how inconsistent one circumstance is with another. I call John Williams to prove that my brother express'd a sorrow for what he had done.
John Williams . I went last Friday to see John Ramsey in the Gate-house: I had him into a room, and we had a pot of beer, and he told me he was very sorry and was forced to do that which was not true.
Q. What conversation passed between you?
Williams . I ask'd him how this happen'd to come about, and he told me his brother and he were abroad together.
Prisoner. Did not he declare that what he had said was an untruth ?
Williams. He told me twice that he had said more than he should have said.
Q. How came you to go to talk with him?
Williams. I happen'd to see it in the news papers, and the prisoner desired me to talk to him about it, and he told me in general that what he had said was more than truth.John Ramsey came to me, and desired me to make it up for him with his brother: upon which I bid John Ramsey desire his brother to come to me about an affair that had happened to me. This was on a Thursday, and the Monday following, John Ramsey came to me and told me he had desired his brother to come to me, and if he would not make it up he would be revenged on him if he was sure to damn his soul, or words to that effect. I was then at work in the garret and I went down in my shirt into my one pair of stairs room, and staid with him a matter of two or three hours. This was about a fortnight before the prisoner was charged with this fact. As to the prisoner's character, I never heard (any) harm, nor knew none (any) by him 'till now, but he always behaved like a gentleman, and followed his practice. I was told he had very pretty practice.
Mary Williams . Robert Williams my husband is a looking glass polisher, and the prisoner was his school-fellow. I never saw or knew any harm by him. The prisoner's brother told my husband of the quarrel about the money, and that he had said a great many words in his passion that he was sorry for, and desired my husband to make it up between them, for they never had such a quarrel in their lives; and he swore bitterly if he did not make it up, he would he revenged on him, or it should be worse for him .
Prisoner . I hope you will please to take into consideration the evidence upon the whole. As he has told these people he would be revenged on me, I hope (gentlemen) you will consider how far his words are to be credited. He is taken up over night, and next morning charges me with these things; you will please to observe , upon cool reflection, he is sorry for what he has done. I hope you will likewise consider that my business was sufficient to maintain me in an auent way , above the reach of the world. You will please to observe there is a small contradiction with respect to the 2d witness: she swears it was a red and white handkerchief , and another says it was a red one. The evidence likewise says he sold the plate : if I had had any hand in it I certainly should have sold it myself; and he also says he sunk the money for the castor : these improbabilities all considered together will (I hope) determine in my favour, and that you will be of the opinion that they have grounded their evidence entirely on what he has said. It is a very hard case to be sure, and when people lose their goods the persons that take them ought to suffer, but I hope you will take it in consideration that I had not these goods with which I stand charged.
Prisoner. Was you not in private with the justice, and was you not threatned by him?
Ramsey . The justice had me into a room by himself, but what I have sworn is very true.
The jury found the prisoner guilty ; Death .
He was again indicted for stealing 2 silver spoons, a pair of silver tea tongs , a silver tea spoon, a silver strainer, a silver tea spoon double gilt, a silver tea pot, and a silver cream pot; the goods of Thomas Griffith in the house of John Harrison in the parish of St. George the Martyr , July 20 .
John Ramsey . I was present when my brother went into a house in little Orange-street and took these goods. I saw him go into the house and he brought out these things and carried them to his lodgings. I sold the cream pot myself to a silversmith in Fleet Street.
Prisoner. Ask Mrs. Griffith if those are her property.
Mrs. Griffith . Yes; this I bought of Mr. Godfrey that is dead and gone.
Prisoner. One thing may be like another , Madam.
Mrs. Griffith . It is remarkable enough, for here is the hall mark. All the things they took had no coats of arms on them.
Prisoner. I call this first witness to my character; I lodged at his house fifteen months.
- Havingdon . The Prisoner lodged in my house 15 months and upwards, and behaved himself in a very handsom, decent way. I gave him warning because he kept company with a woman, and I would not have any such lodgers in my house, but he never defrauded me of any thing. I have trusted him with the keys of every thing while I have been out of town a week together, and he never wrong'd me.
John Ramsey this week, and he said, if what had been done had not been done, he would have taken it on himself, and he seemed to intimate that he was forced to it, and was sorry for what he had done.
Prisoner . I shall submit it to your lordship and the gentlemen of the jury, from the character that has been given him, how far his oath is to be taken. Guilty Death .
7. Samuel Chester was indicted for stealing a looking-glass, value 12 d. the goods of Edward Cannon ; a pair of linen sheets, a pair of blankets, a quilt made of cloth patchwork, and a copper saucepan , the goods of Peter Sinclair ; September 27 . Acquitted .
9. 10. Mary Page of St. Mildred in the Poultrey , was indicted for stealing two silk brocaded gowns, a green silk tabby gown, a white dimity gown, a long velvet scarf, a scarlet cloth cloak, two linen laced caps, a linen laced handkerchief, three silk handkerchiefs , a lawn apron, a child's silk cloak, a silk short apron, a pair of white cotton stockings, a pair of worsted stockings, and two guineas, the goods of Rice Price , in his dwelling-house ; Sept. 1 . And Elizabeth Farrow alias Jackson , for receiving part of the said goods, knowing them to be stolen , Sept. 3 .
Rice Price. The prisoner Page was my servant . On the 1st of Sept. last I was robbed of the goods mentioned in the indictment. I had reason to suspect the prisoner, and went to enquire after her, and the first person I met was her sister. She took me to Spittle-Fields-Market , to see for the prisoner Farrow , who she said had harboured her sister a great while. I got a warrant that evening for Page and Farrow , and the next day I heard where Farrow had pawned one of the gowns, and I went to the pawnbroker's and found it accordingly. After this I got intelligence, that the two prisoners and another had taken coach to Tower-Hill, but we could not hear any thing of them there; however about 12 o'clock at night I apprehended Farrow, and she found out Page , who owned the fact, and delivered up two gowns and a short cloak, which she said were all that she had in her possession , but if I would be favourable to her, she would tell where the rest of the things were, and accordingly she herself went to a pawn-broker's at Westminster and demanded a brocaded gown and a long scarf, which were mine, and part of what I lost at this time.
Prisoner Page. Ask my master if he did not deliver these things to me?
Mr. Price. No, I never did. They were all under lock and key, and my wife always had the key in her possession.
Prisoner Page. Did not you recommend me to your wife?
Mr. Page. No, upon my oath, I never did; I never knew any thing of her before she came to be hired.
Jury. Was the lock of the place broke, in which these things were?
Mr. Price. No, but two or three days after this creature came, my wife happened to lose the key.
Prisoner Farrow. The Prisoner desired me to pawn a gown for her, and she told me Mr. Price had given it to her.
Matthew Peter Sollom . I was charged with the Prisoner, ( Page I think her name is ) before my lord mayor to convey her to Newgate , and I went with her to that gentlewoman's house in Duke Street Westminster and she discovered a gown and a scarf that she had pawned there for 3 l. 10 s. and she said she took them from her master. I saw her the next day in Newgate, and heard her say she had no way to get off but by insinuating that the clothes were given her by her master for favours which (she would say) he had received from her, although, as she own'd, without the least foundation.
Ann Skelton . The prisoner Page came to my house with a water-boy. She said she had a brother that was trepann'd , and that she must pawn some things for money to get him off. I lent her 3 l. 12 s. on these things; and she had other bundles with her but I did not look at them. She told me she lived with one lady Richards over the water.
Page . I desire my mistress may be asked from whom she had the character of me?
Mrs. Price, I happened to be very much out of order when she came to be hired, and I told her I could not go out for her character that day. She told me she lived at a surgeon's at Lime-house Bridge , and so I fix'd 3 or 4 days afterwards to go there; but she came to me again and told me her mistress was going out of town that very day, and that if I would accept of it, she would write me a recommendatory letter: that letter was afterwards brought me by a man and I appointed her to come.
Prison. Page . My master knew the man that brought that letter.
Sollom . Page told me herself that Mr. Price was as honest a man as ever was born, and she had no way to get off but by darkening his character.
- Fellows. On the 3d of September the prisoner Farrow pawned a flower'd gown with me: I asked her how she came by it, and she said it was a gentlewoman's who was in trouble and who could
Mrs. Price. This is mine, and it was lost at the same time with the other things. I lost the key of the chest of drawers in which these things were, while the prisoner was with me, but having another key which opened the drawers as well, I did not mind the loss of the other.
Farrow. Page brought the gown to me, and told me her master had given it to her; so I pawned it at Mr. Fellows's; but I have no witnesses to that but herself.
Rebecca Winterbottom . I come to speak what I know of that woman, Page; she lived a servant in the hospital two years, but left it on account of the offensive smells; and we never heard nothing ill of her. Page guilty , Death : Farrow guilty .
16. 17. James Harris and Richard Bursey were indicted for stealing a cock, value 5 s. four hens, value 4 s. a brass pottage pot, val. 2 s. 8 d. a calicoe hood, value 1 s. and a linen cap, value 3 d. the goods of Benjamin Boswell ; July 15 . Bursey guilty 6 d. Harris acquitted .
18. William Quaite , of St. Martin's in the Fields was indicted for assaulting Richard Dance in a certain open place, called St. James's Park , putting him in fear, and taking from him a silver watch, value 40 s. a shagreen case with instruments, value 5 s. and 1 s. 10 d. in money ; Sept. 7 .
Richard Dance . On Sunday the 6th of September I had been at Battersea , and returning late at night through St. James's Park, I heard the drum beat at the Tilt-yard . I then thought it my nearest way to get upon the Parade, in order to go out. I had not got above 30 yards upon the green park, but the prisoner came up to me and knocked me down. As soon as he came up to me he pulled out a knife, and made an attempt upon me, at the same time telling me, if I made any noise or resistance, he would murder me. I desired him to spare my life, upon which he held the knife in order to murder me, and I holding up my hand in my defence, he cut my fingers in this manner. He then took from me my watch, a case of instruments, 1 s. 6 d in silver, and 4 d. in copper. I was very much bruised, beat and cut, and when he had robbed me, he ran away, but being encouraged by people coming by, I pursued him. He still continued his course, and in the pursuit he slipped off his coat and Waistcoat, and this centry laid hold of him.
Q. How came you to know it was the prisoner?
Dance. It was a moon-light night, but a little cloudy. I am very positive to him, for he never was out of my sight till he was detected by this witness.
Q. How far had he gone before he was taken?
Dance. About two or three yards, according as the people ran: he might be sometimes nearer, and sometimes farther.
Prisoner. Ask him where we met together ?
Dance . No where but where I tell you; on the grass part of the park that leads from the Mall to the Parade.
John Smith . I was centry on St. James's Park; and about half an hour past ten at night, I heard a gentleman call out Murder! I went over to the middle of the Mall and heard Murder cried again. I called out, Where are you? the same cry was repeated two or three times, and then I saw the prisoner running away with his coat and waistcoat on his arm. This gentleman ( Dance ) was running after him, and I likewise went up with a design to take hold of him. He ran as far as the first centry that belongs to the Tilt-yard , and then he turned towards Buckingam House . I took him by the rail, coming off the grass, and got hold of the collar of his shirt, but that giving way, I delivered him to the care of some soldiers, and they let him escape. He then went to his house, and after having put on his regimental clothes he came to the Tilt yard and was retaken.
Q. What became of the prisoner's other clothes?
Smith . He dropp'd them, and the prosecutor pick'd them up and gave them to me.
Q. What light had you to see the prisoner's face ?
Smith . It was a moonlight night but a little cloudy. After the prisoner had escaped from the soldiers, 2 corporals came to me and desired me to let the drummer (the Prisoner) have his clothes, but I refused, for I had laid them up in security in order to give them to the pay-serjeant.
Q. Did the prisoner own those clothes?
Smith. Yes, he own'd them before the Justice.
Mr. Dance . I pick'd up the clothes myself and gave them to this soldier. I saw the prisoner drop them, and I saw them afterwards at a public house .
Smith. The prisoner was carried before justice Manley , where the prosecutor swore to him, and when he found he was going to be committed to the
William Pierce . I was on the Tilt-yard guard as a corporal when the prosecutor came up, and my captain ordered me to go with him to find the prisoner. He (the prosecutor) was all over bloody, and one of his fore fingers was cut very deep. Captain Lowry ordered me to go to St. James's with him, and in going along I went to Smith and asked him if he could tell me who was concern'd in it: he told me Tom . Sheerer could, and at last I was informed that Jack Smith himself had got the prisoner's clothes: upon which we came down with another soldier towards St. James's House, and saw Smith coming out with the clothes, and so we went with them to the Goat ale-house in the Pav'd alley, where we searched the pockets, and found in them a leather sort of a round thing with a hole in it, a purse with 2 s. in it, and a piece of stuff that belongs to the brace of a drum, which made me think they belonged to a drummer. I desired the gentleman to go home that night, and promised him to find the man if I could. Accordingly after I had made all the enquiry I could, about 3 quarters of an hour after 11 at night I went towards Whitehall, and the prisoner came by in company with Scholes and Holbrook. I ask'd them what the prisoner's name was? they told me Quaites ; so I call'd him and took hold of him by the collar and told him he was my prisoner. He desired me to let him go and see for his clothes, but I carried him to the guard-room and charged him with the two serjeants of the guard: he was detained all night, and the next day carried before justice Manley .
Q. What clothes had the prisoner on when you took him?
Pierce. He had his regimental drum clothes on.
Prisoner. Did not I desire to go and see the prosecutor upon St. James's guard ?
Pierce. No, only to see his clothes, and I told him I had got them in custody, and I would take care of them.
William Cowton , Serjeant. This corporal (Pierce) brought the prisoner to me, upon which I confined him directly. I got a drum cord and tied his 2 legs and arms together, and set a centry over him with a drawn sword 'till morning. I saw the prosecutor that night; he was very bloody and came to make his complaint to captain Lowry, and I told him I would use my endeavours to find the man.
Rowland Davis . I am the constable that had the warrant against the prisoner. He denied the fact before the justice, but own'd that he was in the scuffle ; and that he saw some money in the prosecutor's hand, and that it dropp'd in the grass.
Q. Was there any thing said about the clothes?
Davis. They were saying that he was in his shirt, and he owned that he was in a scuffle and lost his clothes.
John Andrews , serjeant, confirmed the deposition of William Cowton , with this addition, that the prisoner owned he had lost his clothes, that he had the prosecutor's money, and that he had given it him to conduct him through the park: that he (this witness) went next morning with the prisoner, at his desire, to look in the grass for the watch, but that it was not found.
I had been to see a comrade to Hammersmith, and being in liquor, and coming through the Park in my way home I sat down, and fell asleep. While I was asleep, this gentleman came up, and tapp'd me on the thigh, and asked me if I was asleep? I said yes: what is that to you? he ask'd me if my breeches were cloth or leather: I ask'd if he had not his feeling. After this he offered some indecencies to me, and I told him he should go with me to the centry: he desired me not to expose him, and pull'd out some money which he threw on the grass, and then fell to beating me. He then cried out murder! I am robb'd of my watch! and a chairman and a woman came to my assistance. My coat was pretty wide, and my waistcoat had no sleeves, and they slipp'd off in the scuffle. I told the chairman how it was between us, and so he gave me my clothes. I had got them on my arm, and this centry came up and took the clothes from me, and I went off. About an hour and half afterwards, hearing that such a thing was alledged against me, I surrender'd myself to these two men, and was with them when Smith seized me.
John Walkinshaw . I was centry in St. James's Park at nine o'clock at night, the next post to Spring Garden Gate , and the horse parrole came past me. I heard a sort of a murmuring which I thought was in the wilderness: - There was no moonlight nor any such thing, but it was a very dark night . For about 2 minute and an half all was quiet and still, and then I heard a cry of thieves! I am robb'd! I was a little surprised and kept still on the watch, and as I listen'd the voice came nearer to me. I thought I heard a patting on the grass , so I went to the rails , and peep'd between the sky in this manner, and I saw something moving. Presently I could hear stop thief! I am robb'd! and afterwards the prisoner and this gentleman came up. They were 3 yards asunder , and the prosecutor had neither his hat nor wig on. The gentleman said he was robb'd, and the prisoner said, he had offered something vile to him. I damn'd them both, and ask'd them how they came there? The gentleman said he came in at Buckingham gate , and that the prisoner pretended to shew him the nearest way to the Tilt-yard guard. I detain'd the prosecutor and took him into my centry box; and then he complaining that his head was very cold for want of his hat and wig .
Q. Did the prosecutor appear to be bloody at that time?
Walkinshaw . I can't tell. I had him by the arm, and told him if he offered to stir a foot, I was loaded and would shoot him. After I had delivered the prosecutor to the centry, I ask'd Smith where the fellow was that ran away, and he said he had got his clothes. Smith took hold of the prisoner, and I seiz'd the gentleman.
John Scholes . I was at the suttling house with my comrade, and hearing a noise in the Park, I ran and met the prisoner in the gravel walk between the Mall and the chairs which are put for people to sit in. He is a drummer, and I was very much surpriz'd to hear him charged with such a thing, and I bid the centry take care of him; but while I was turning myself round, he rushed out of the centry's hand. Immediately I turn'd to the prosecutor, and seeing him bare headed, I asked him where his hat and wig were? He said the rogue had robb'd him of them, and the centry that had hold of him said he should go before the officer of the guard. He had not gone above ten or twelve steps before he desired to look for his hat and wig, and he went into a lonesom place by the side of the canal, call'd the Princess's walk: a place not sit for them to be in, for every centry has orders to keep people out of it even in the day time. He grovel'd about some time, and sound his hat and wig, and after that being pretty much 'frighted, he desired the centry to stay a little and let him look for his watch. The centry would not stay, but took him along, and he offered to give any satisfaction in the world not to be exposed. After this, hearing that Smith had got the prisoner's clothes, I desired him to let me have them, but he refused. I and my comrade then went to our quarters at the Horse Granadier Drum in King Street, and while we were eating some pork, the prisoner came in and surrender'd himself to us, and we were carrying him to the guard when Smith met us and took him.
John Holbrook was the person to whom the prisoner was delivered by Smith. He deposed, that the prisoner rushed from him, without his clothes. The other part of his evidence was of the same tenor as that given by Scholes .
John Moore . I was on White-ball guard , and went to the Horse and Drum, to drink a pint of beer, and the prisoner coming in, the corporals accused him of robbing the gentleman in the park. He denied it, and surrender'd himself up into their custody.
- Terry . I keep the Horse Granadier Drum in King-street, and Holbrook and Scholes are quarter'd at my house. They came in by themselves about half an hour after 10 at night and sat down. I asked them to eat some pork, and they told me there had been a great stir in the park, and that a drummer had robbed a man. They had not drank a pot of beer before the prisoner came in. They charged him with it, and he surrender'd directly.
Prisoner. A man came to me last Sunday, and asked me if any body was concerned with me, and if I did not impeach them, he said, the prosecutor would bring a man that should hang me right or wrong. This is the man.
Samuel Stone . The prosecutor told me he had been robbed, and I went to Newgate with another person to see one Downes, who is a debtor there. The prisoner was then sitting in an adjacent box, and I told him, if any body was concerned with him, I would have him make himself an evidence, and he said, he could not do it now. The prosecutor bears the character of an honest worthy man.
20. Mary Ludgate was indicted for stealing a feather bed, value 15 s. two blankets, a quilt, a pair of linen sheets, a bolster, a pillow, and a pillow-case ; the goods of Mary Hopkins ; May 28 . Guilty 10 d.
21. Elizabeth Fleet was indicted for stealing a pair of linen sheets, a pair of blankets and other things, the goods of John Neal , in a lodging let by the said Neal to Joseph Fleet ; Sept. 14 . Guilty 10 d.
James Gough was indicted for assaulting Benjamin Parish in the house of Redman Keogh , putting him in fear, and taking from him three Portugal pieces, value 7 l. 4 s. a moidore and fourteen guineas ; Oct. 8 .
The prosecutor not appearing, the prisoner was acquitted .
24. 25. John Glem Gulliford , alias Culliford , of St. Peter's Cornhill , was indicted for stealing eighteen yards of red printed handkerchiefs, value 18 s. fifteen yards of purple ditto, value 15 s. four yards of printed cotton, and seven yards and an half of Holland, the goods of Ambrose Harvey , in his warehouse ; Aug. 29 . And
William Wyrill . On Friday night, I can't remember the day of the month, but it was in August last, about 11 at night, I went backwards and saw Mr. Harvey's warehouse door safe. There is a press in the warehouse, and that was fast too; and the next morning the warehouse door was found open, and a piece of Holland and a razor-case lying on the ground.
Q. What time was this?
Wyrill . I am servant to Mr. Stevenson, of whom Mr. Harvey rents the warehouse, and I went out about 7 o'clock in the morning, and seeing the warehouse door broke open, I informed Mr. Harvey of it, and he examined his press and missed these things. On the Monday following Mr. Harvey advertised them, and about 11 o'clock a person in Newgate sent a letter to Mr. Harvey, informing him, that the man who stole the goods was detained. Upon this I went to the prisoner Frankland , who was a debtor in Newgate, and saw the goods in his possession. Culliford was brought here then, and I could not see him at that time. Frankland took me into his room and shewed me the things, and said he gave Culliford a guinea and an half, and half a crown for them.
C. Do you know any thing of Culliford's being brought before the Lord Mayor?
Wyrill . When I came to Newgate, it being Sessions time, Culliford was brought here, and while he was before the Lord Mayor, he said he came to see Frankland in Newgate, and that he had these goods from another person on the other-side of the water.
Prisoner Frankland . I wrote Mr. Harvey the letter, and I desire it may be read.
[It was read.]
'' I have read the Daily Advertiser this day, and '' can help you to some of your goods that you '' have lost; but pray let it be kept a secret, and I '' shall help you to the rogue 100. I am a debtor in '' the common side of Newgate, and have been so '' these five years; but you shall find an honest man '' when you come to me. Let no body know your '' business; if you do, I shall be murdered among '' thieves and rogues. Pray send for me down into '' the lodge, and be as private as you can. This '' from
'' Your humble servant to command, Common side of Newgate, Monday Aug. 31, 1741.
'' W. Frankland.
Charles Shuckburgh . On Monday the 31st of Aug. I was desired to secure Culliford ; and I took him into the parlour here, before the Lord Mayor. He owned that he had carried goods to Frankland in Newgate , upon which I had a warrant, and took these goods out of Frankland's room. These two pieces were produced before the Lord Mayor, and Culliford owned that he had delivered them, and as many more, to Frankland for a guinea and half and half a crown.
Thomas Pert . I have been a debtor upwards of two years in Newgate. About a week before last Sessions, I was walking in the hall, and Culliford and another person came up to the hatch: we drank half a pint of gin together, and while we were drinking it, Frankland came up, and said, Jack, how are you? (for we vulgarly call him Jack) you are soon come back. Yes, says Jack, I told you I should not stay long. Well, says Frankland , I would have you look sharp, and see what you can get, and bring it to me: let it he what it will, I will take it off your hands. I was then called away, and heard no more 'till the goods were found.
Frankland. Have not you and I had a difference? He came behind me and knocked me down with a stick.
Pert. That was half a year ago, and we have been very good friends since that.
Ann Brown . I have been seventeen months a debtor in Newgate. I went to the grate about my own business; I can't exactly tell the time, but I believe it was the Friday before Culliford was taken. Frankland shook hands with him, and said, I am glad to see thee, Jack! and if you get any thing worth your while, bring it to me, and if it is the King's plate, I will take it of you. I afterwards heard Frankland say he had read the Advertiser, that he had sent the gentleman a letter, and had stopped Jack Culliford for the goods.
C. Did not he say he had the goods from Culliford ?
Q. Did he say at that time that he had caused Gulliford to be taken?
Brown. He vow'd and protested that he had taken Gulliford .
C. What time of the day had you this discourse?
Brown. Between two and three in the afternoon.
Mr. Shuckburgh . I believe it was between twelve and one when I took Gulliford .
Gulliford . I got up betimes in the morning, and met Tom. Boredon with these goods in a bag. He was in an information himself, and therefore desired me to carry them to Frankland. I did so, and asked 3l. for them by his directions. Frankland gave me a guinea and half and half a crown in part, and I carried it to Boredon, who waited for me at the Guy Earl of Warwick in Warwick Lane. When Frankland had given me the money, he put an old pair of breeches and a broken punch-bowl into the bag, because the turnkeys should not think I had left any thing in the goal. He desired me to bring Boredon to him when Mr. Wilcox was at the Magpie, and I did so, and I heard him tell Boredon, that he was going to be moved to the King's Bench, and therefore should want money, but he would make it up 3 l. On the Monday following I went to the Porto-Bello in Chick-lane, and seeing the things advertised, I got the paper, and brought it to Frankland . He clapped me on the shoulder, and said, What are you going to be a thief and thief catcher too! I will stop you, and so he called for a pen and ink and wrote to the gentleman, and had me taken.
Frankland. This Gulliford came to me and brought these things to me as India goods. I told him Maryland and Virginia were a great way from the East-Indies . He said he came north about for fear of the privateers, and coming along side of an India man, he swopp'd (exchanged) rum for these goods. He wanted two guineas on them: I had a guinea and half, and half a crown and 4 s. in silver, and upon his promise to fetch his goods away on monday, I lent him a guinea and half, and half a crown and a shilling. He asked me if I had any old rags? and so I gave him an o'd pair of breeches, and a punch bowl to put into his bag for fear the people should take notice. I shewed my wife these goods, and she telling me they were not India, I imagined he had robb'd some Scotch pedlar of them, and as soon as the gates were open, I sent for the Advertiser, and seeing them advertised, I sent a letter to the gentleman. Culliford coming to me afterwards, I desired Mr. Wilcox to secure him, and I delivered the goods to the gentleman. I deliver'd the goods in one hand, and the thief in the other, and what could any honest man do more? What reason the gentleman had to charge me with felony, I can't tell: I have lost my money: I have let him have his goods without money, and yet I have been charged with felony.
Joanna Hianson . I am a prisoner myself, and I heard Tom. Pert say he would do for Frankland and hang him right or wrong: Mrs. Brown said the same, on the virtue of my oath, and this not once, but several times. This I heard in the Stone-ball , the very day that Frankland's irons were put on.
Pert . I never spoke no (any) such words in my life.
Brown. In the room of this, I have given him 20 drams since he has been in goal; I pitied him, and always said I would not hurt a hair of his head Gulliford guilty 4 s. 10 d. Frankland guilty .
John Glew Gulliford was again indicted, for that he at the sessions of goal delivery held at Justice-hall in the Old Bailey, before the right honourable Humphery Parsons , Esq; &c. &c. with one Herbert Blackburn was try'd on an indictment, for that they in the parish of St. Leonard Eastcheap, Nov. 5 eight pieces of velvet lined with fine ticken, made up for the furniture of a hearse and five horses, in the dwelling house of William Hazledine did steal, &c. and thereon by a certain jury of the country, &c. in that behalf taken, they were convicted of the stealing the said goods, to the value of 39 s. and were ordered for transportation, &c. and for that he the said Gulliford on the 1st of Sept . was at large in the parish of St. Sepulchre , before the expiration of the term for which he was ordered to be transported .
The record of the prisoner's conviction, and the order for his transportation were read.
Mr. Humphries. I know the prisoner, and remember he was convicted at the suit of one Hazledine in little East-cheap for 8 horse cloths. I am sure he is the very same man. I was present when he was cast along with one Blackburn or Coleburn, or some such name.
Prisoner. You need give yourselves no farther trouble. The people of the ship were all sick, and 4 or 5 of us were called upon deck to work the ship, and at the back of the Isle of Wight I got into the pilot's boat, and came away. Guilty Death .
26. Elizabeth Collins , alias Smith , was indicted for stealing three window curtains made of woollen stuff, a linen shirt, a table cloth, a muslin neckcloth and a handkerchief , the goods of George Freeman ; Oct. 3 , Guilty 10 d.
John Woolford , of St. Bride's , was indicted for that he, not having God before his eyes, &c. on the 2 d of September , on John Piper , alias Haddock , feloniously, wilfully . and of his malice aforethought, did make an assault, and with a certain knife , on the pit of the stomach of him the said Piper, feloniously, &c. did strike and thrust, giving him a mortal wound, of which he instantly died .
He was a second time charged by virtue of the coroners inquest for the said murder.
Sarah Austin . On the 2d of Sept. I was at breakfast at my shop in the Fleet-market, and saw the prisoner and the deceased run by my window. Hearing the prisoner say, D - n you, you son of a B - I will have my ends of you. I ran from my breakfast, and saw the prisoner hold his knife in his hand, on this side of him . I ran directly out of my shop, and I saw the prisoner take the knife from the side of his clothes, and stab it into the deceased, just into his heart.
Q. What sort of a knife was it?
Austin . It was a small bladed knife with a point to it; - this is the knife: it is a sort of a case knife ground down , sharp on each side, and a point to it. The prisoner gave the blow with great force , and took the knife out again himself. I believe, as near as I can guess, it went in about an inch and an half.
Q. Did the deceased bleed much?
Austin . He bled the space of three minutes after he was stabb'd, and died immediately.
Q. Did the prisoner seem to intend this?
Austin . Yes, to be sure, because he did it wilfully and with good force. I never saw the prisoner or the deceased before this happened.
Mary Wheeler . All that I can say about it is, that on the 2d of Sept. I was coming from my mistress's door, and saw the deceased running after the prisoner; - it was just by the Wheatsheas in the Fleet-market. The deceased said, You rogue, why do you cut me? I did not hear the prisoner make any answer, but the deceased had a stick in his hand, and offered to strike at the prisoner with it.
Q. Was that before the stab, or afterwards?
Wheeler. After the deceased had said, You rogue, why do you cut me? he up with his hand directly, and before he could give a blow, the prisoner stabb'd him. I know nothing either of the prisoner or the deceased.
Q. Did you observe whether the deceased was cut when he said, why do you cut me?
Wheeler . I did not see that he was cut.
Thomas Round . I was sitting at my stall in the Fleet-market, and hearing a noise , I rose up and went to the stone arch, and saw the prisoner with its knife in his hand. I looked at the deceased, and observed that his hand was all bloody. I spoke to the prisoner and said, you rogue, what do you do with that knife? you have cut the man's hand! Immediately I turned my eye to the deceased, and saw him leaning forward with the wound in his breast, and an effusion of blood coming from him, as much as if a sheep or a lamb had been killed . I then turned to the prisoner , and said, you rogue , you villain, you have killed the man! Upon that, he drew back to a coffin maker's shop, and I came up to him, and bid him lay down his knife. Another person coming up, took hold of him, and he shoved the knife behind him and dropped it down the coffin maker's cellar , from whence it was taken and delivered to the church-warden.
Q. How did the prisoner behave when you took hold of him?
Round . All he had to say was, why did he strike me? - I had no other answer from him.
Francis Betterson . Hearing a noise at the back part of our shop, I went to see what was the matter, and saw the prisoner go on a pretty bandsomish pace, and the deceased followed him with a stick in his hand. I ran after them, and when I got half way down the market, the deceased struck the prisoner with his stick. There ensued a sort of a skirmish between them, and just as I came up, the prisoner stabb'd him with a knife into the pit of the stomach . He bled pretty much on the ground, and died in a quarter of an hour, without speaking, as I heard.
Q. You say the deceased was pursuing the prisoner!
Betterson . Yes, and the boys cried, Now Jack! Now Jack! and that aggravated him.
Q. How long after the deceased struck the prisoner was the stab given?
Betterson . The deceased's hand was up a second time, to strike the prisoner, as I thought, and then the stab was given. I never saw the prisoner before that time.
Henry Snagdon . I was at breakfast on the 2d of Sept. and a message was brought to me that a man was killed in the Fleet-market. I went down, and saw the deceased lying on his back, and I did not perceive any life in him. His name was John Haddock .
Mr. Round. He used to go by the name of Piper, but his true name was Haddock.
Simon Snowd , Surgeon. On the 3d of the month aforesaid, I was sent for to open the body of the deceased on the coroner's inquest. I found in the sternum a small wound, which penetrated into the breast. I found it necessary to open it, and when I had opened the breast, I found the cavity of the belly filled with blood; and on examination of what we call the viscera, I found a wound in the heart of about an inch and an half, and it was impossible he should live above two or three minutes.
William King . I saw the prisoner lie on his back, just against the Fleet-prison for about a minute: he turned himself short round, and got up, and pulled a knife out of his pocket. It seemed to have a paper upon it, and when he had untied it, he looked towards Fleet-street, and seeing no body there, he clapp'd himself against a bulk, and rested himself in this manner. He held his knife by the side of his clothes, and the deceased came down with a design to take the knife from him. Accordingly he took the prisoner by the elbow, but missing his hold, the prisoner turned round, and cut him on the finger, and he bled violently. This was about three quarters after 8 in the morning, and in about 5 minutes I heard that the man was murder'd.
Prisoner. He struck me first, and I did it in my own defence. Guilty Manslaughter .
30. 31. William Westwood and Joseph Bellinger , of St. Mary White chappel , were indicted for assaulting Charles Butler in a certain alley, called Rosemary-branch-alley , near the King's highway, putting him in fear, and taking from him 7 s. in money ; June 1 .
Charles Butler . On the 1st of June last I met the prisoner Westwood and five others at the Hampshire Hog in Rosemary-lane: he was buying some fish, and I followed him into the house, to ask him for 40s. which he owed me. I call'd for a pint of beer, and while the landlord was gone to draw it, Westwood told me, if I asked him for the money, he would swear me into a robbery, and he ran his cane into my mouth. I told him I would get a writ for him, and he said, I had no money, and could not; upon which I shew'd him a letter, wherein I had orders to go to Spithead to receive 22 l. 10s. I then left the house, and four of them followed me into the city, and after having arrested me, they dragg'd me into Rosemary-branch-alley. They followed me into Rosemary-lane, and then the prisoner Bellinger came up with a piece of parchment in his hand, and said, I have got it. I took hold of Daniel Jones 's collar, to keep me from falling, and then they cut me on the head, and one of them ran his tipstaff into my eye. After this, Bellinger put his hand into my pocket, and pulled out six shillings and two sixpences. I cried out Murder! and said I was robb'd, and went to put my foot on some of my money that had dropp'd on the ground, but Westwood came up and shoved my foot aside, and took it up. Then they used me so that blood came out of my nose and eyes. I was carried to the Infirmary, where I lay speechless and out of my senses for some time. My bleeding can't be stopp'd, and I have been these 20 weeks, next Monday, under this calamity.
Q. What was Westwood indebted to you for?
Butler . I am a bricklayer and fitted up his house inside and outside.
Westwood's Q. Have you not been in company with me several times since? and have you ever charged me with this robbery?
Butler . I have seen him but once since: I did not charge him with the robbery because justice Phillips took bail for him.
Q. Did you not attempt to get a warrant for him?
Butler. No; I knew where he lived, but he absconded (from) his house.
Westwood's Q. Did not you charge me with assaulting you after the commission of the robbery?
Butler. No, I charged him with aiding and abetting in the robbery.
Q. Which of you went first into the Hampshire Hog?
Butler. I went in first: Westwood was buying some fish at the door, and followed me in. They had no writ against me, and I owed no man any money.
Westwood. How came you to put off the trial last sessions by an affidavit that yourself and another man were material Witnesses, and now no body appears but yourself?
Butler. The other man was a Bricklayer, but I had not timely notice that the Trial would come on.
Westwood . I am an officer belonging to the sheriff of Middlesex, and having obtained a writ against Butler, I desired these officers to arrest him for me. Accordingly they did arrest him, and he being obstropulous and not willing to go with them, they beat him and pulled and haled him about. He says I aided in beating and robbing him. I shall call William Walmsley to shew that I was not there.
Westwood's Q. Can you take upon you to say whether I was along with them when the man was arrested?
Walmsley. I am sure he was not near them.
Westwood . How long might they continue in the street?
Walmsley. About a quarter of an hour or half an hour the very most.
Q. What became of them afterwards?
Pris. Q. Was there any talk of a robbery at this time?
Walmsley . No, I heard no complaint of any robbery at all. Butler fell down in the court on his back, and beat his head against the stones, which caused blood to come out of the back part of his head, and soon afterwards a doctor came and bled him.
Q. Did you stay there any Time after Bellinger had him by the collar?
Walmsley. No, I did not stay a minute because I had a shop to mind and was afraid of losing my goods.
Q. Where did you go after that?
Walmsley. To my shop door, about ten or fifteen yards off.
Q. Could you see there what was done at the back of the Rosemary-Branch alehouse?
Walmsley. No, I was not able to do that to be sure.
- Wood. I keep the Rosemary Branch alehouse, and remember this dispute. Westwood was in my house when the mob came past. He said they had arrested a man, and it was strange they could not arrest a man without beating him. The bailiffs then had Butler hold by the arm and dragg'd him through the alley. Westwood never came out of my house for the space of half an hour. There were not two of the mob then left, and Butler was gone to the Infirmary. As to the robbery, Westwood robb'd him no more than I did I believe, for I heard nothing at all said of a robbery.
Isabella Seers. I live in Cock alley, and was waiting on Mr. Wood's children, and remember the day that Butler was arrested. Mr. Westwood came in about 2 minutes before the mob came past the door, and called for a pint of beer. When the mob came round to the back door they said there was a man arrested, and the man fell down in the court. Mr. Wood then put Westwood into a back parlour, and locked him in, and he staid there 'till the man was gone to the Infirmary.
Q. Why did Wood lock the prisoner in?
Seers . Because the mob said they would knock his brains out. I was binding a silk petticoat and he sat best part of the time that I was doing it. I never heard a word of a robbery.
Q. What time of the day was this?
Seers. Between 1 and 2, we were just going to dinner.
Matthew Crawley . I serve Mr. Wood with bread. I brought him a loaf, and saw the mob coming just by the door. I got as fast as I could into the house, and saw Wood and Westwood talking together in the room, and I staid there two hours 'till all was dispersed.
Westwood Q. Did I go out 'till all was over?
Crawley. No, he did not indeed.
Westwood's Q. Had I any opportunity to go out to rob a man?
Crawley. No, he was in presence of me all the time.
Q. Did you go into the room where he was lock'd in?
Crawley. No, but I had the command of the Door in my eye that he could not go out. After I had been in the house some time, I had a fancy to see the mob, and I went as far as the pump and came back again, and saw Westwood where I left him.
Westwood's Q. Could, I when you was out of the room, rob a man without your seeing me?
Crawley . No, he could not.
Mary Battersey . I live in Rosemary Lane, and hearing a tumult that the officers had hurt the man, I desired them to raise him up against the wall: they did so, and a gentlewoman gave me some wine to give him, and I put my finger in his mouth to see if he could drink, but he could not. After this his wife came, and took a handkerchief off her neck and put it about his cut head: she took money out of his pocket several times, and put it into her bosom, and I myself lent her a great pin to pin her gown to prevent her losing the money. I never saw either of the prisoners there, nor ever heard the least syllable of a robbery.
Clifford William Phillips Esq. Colonel Deacon had the 4 bailiffs before him after this assault was committed, and he sent them to the Tower goal for farther examination. The next day he sent for me to join with him in taking the examination: The assault appeared to be a very violent one, and we committed the 4 bailiffs to Newgate. Butler being in the Infirmary in the parish where I live, and being told he was like to die, I went thither to take his examination. The doctors reported to me that he had been speechless all night, but that he was now come to his senses, so I took my clerk into the room and bid him take the examination exactly as he spoke it, and I would come in when he had done, for I did not like the stench of the place. When it was done, I came in, and found that he had charged Westwood with thrusting his cane into his mouth at the alehouse. (which was some time before the arrest) and likewise that he had charged Bellinger with robing him. Seeing Westwood charged only in this manner, I asked Butler whether he was concern'd in this cruel usage? he told me he was not. Upon this I granted a warrant against Bellinger, but Westwood came voluntarily, and I took bail for the assault. This is the examination and this is Butler's hand: it was read over to him very distinctly and he was very sensible when he sign'd it.
The examination was read, the substance of which was, that between the hours of 11 and 12 he (Butler) met with William Westwood and 4 others at the Hampshire Hog in Rosemary Lane; that he asked Westwood for the money that he ow'd him: thatDaniel Jones tripp'd him up. That this deponent got up again, and laid hold of Daniel Jones 's collar: upon which Bellinger said, undo his hands. That then Bellinger came up, and put one hand to this deponent's collar, and the other into his pocket, and took out his money. That one of the 5 persons knock'd this deponent down; that another said d - n him he is resty, he will not go: that they haled him so far that he was deprived of his senses, and that Westwood said, bale him away, dead or alive, for go he shall: &c.
Mr. Philips . He said that Westwood came out of Wood's house while he was in this condition, and said he should be taken away, but he had no concern in the money.
Edward King . I was in the room when Butler gave the information to justice Philips, and he never mention'd any robbery against Westwood. I had 2 warrants to serve upon the prisoners. I was 3 days and 3 nights looking after Bellinger, but Westwood I took presently. I went to see Butler several times in the Infirmary, and once while I was there his wife was sitting on the side of the bed by him. She call'd him forsworn son of a b - h, and said she took the money out of his pocket herself, he d - d her and bid her hold her tongue, and hearing this I surrender'd up the warrants into another officer's hands.
Mary Wright . When this hurley-burley was, I like a great many more fools must go and see it, and I saw Butler's wife put her handkerchief about his neck, and take the money out of his pocket. Mrs. Battersey held one arm and I held the other while he was blooded, and he never complained of a robbery.
Mr. Deacon gave an account that he committed the 4 bailiss to Newgate for this abuse; and that afterwards by a certificate from the doctor and apothecary of the Infirmary that Butler was out of danger, he took bail for them. That Westwood was one of their bail, and that Butler was present and made no mention of any robbery committed by him. Both acquitted .
38. Mary Morris was indicted (with Mary Diner , not taken) for stealing two linen caps, value 4 s. a cambrick handkerchief, value 2 s. a gause ditto, value 18 d. a cambrick apron, value 5 s. a pinner laced, value 1 s. two linen aprons, value 2 s. 6 d. a muslin hood, and a pair of cambrick ruffles , the goods of Christopher Moreton ; Sept. 12 . Guilty 10 d.
39. John Coates was indicted for stealing (with John Parker and Charles Parker , not taken) a silk brocaded apron, a silk brocaded handkerchief, a silk quilted petticoat, and other things, the goods of Mary Burroughs , in her dwelling house ; Dec. 1 . Guilty 4 s. 10 d.
40. William Macdonnel was indicted for that he, not having God before his eyes, &c. on Elizabeth Hurst , an infant about the age of 8 years, and within the age of 10 years, did make an assault, and her did ravish and carnally know, against the form of the statute, &c.
No evidence appearing, the prisoner was acquitted .
41. John Seville , carman , was indicted for that he not having God before his eyes &c. on Elizabeth Lane did make an assault, he then driving 3 horses drawing a certain cart, with the off wheel of the said cart the said Lane did cast and throw to the ground, and the said off wheel over the said Lane did drive and force, giving her on the breast, belly, thighs and legs several mortal wounds and bruises, of which from the 8th to the 14th of July she languish'd and then died . Guilty manslaughter .
Robert Glyn in his dwelling house, August 24, and for that the said Coleman , on the 3d of the same month, the said goods did receive, knowing them to be stolen .
Council. Do you know any thing of these things coming to the prisoner?
Ramsey. The candlesticks, snuffers and stand I sold to Mr. Lee, and my brother desired her to sell the coffee-pot; and she took it out, and said she had sold it to Mr. Brown, on the other side of the water.
Counc. Did she know it was stolen?
Ramsey. Yes, Sir.
Counc. How did she know it was stolen?
Ramsey. She knew we went out to steal, and we told her we stole these things from Mr. Glyn's. I took the coffee-pot with a design to sell it myself, but observing a man to go into the silver-smith's shop with advertisements, I was fearful of it, and so my brother desired her to sell it.
Pris. Q. Was not I a servant in the family?
Ramsey. No, she lived entirely with my brother. He kept her, and the money she gave to him to keep house with.
The record of Ramsey's conviction was read.
Thomas Pow . My Lord, and Gentlemen of the Jury: I have known the prisoner 9 or 10 years, and to my certain knowledge she had a very good character. I have trusted her with what I had about me, and she might have done me a great deal of prejudice. She lived in very good reputation, only the worst misfortune was, that she had a bad husband.
Counc. Is she a married woman?
Pow. I don't say so.
Council. Does she not live with somebody else?
Pow. Not that I know of; such things might be talk'd or heard of, but I don't know it.
Mrs. - Gray . I have known her 14 or 15 years, and never heard no ill of her. I never heard she was addicted to this. She always bore a good character to my knowledge.
Mrs. Reynolds. I have known her these ten years, and she always bore a very good character for any thing I knew. I never heard that she was addicted to pilfering . She lived with Mrs. Gray three months, and since that time I can't tell where she lived.
Thomas Wiseham . I have known her 14 or 15 years. I have trusted her in my house with quantities of money and goods, and never found but that she was particularly honest. I have seen her frequently, and never heard her character attainted in any publick station of life.
Council. Where does she live?
Wiseham . I may as well ask you where you live, for I do not know.
Mr. - Pope. I have known the prisoner above 20 years; she always bore a good character 'till latterly, being with this bad man, Ramsey; and if she were at liberty, I would willingly take her into my family. Acquitted .
43. Humphrey Colley was indicted for stealing a calf, value 30 s. the property of George Downes the younger , in the stable of George Downes the elder; Oct. 13 . The prosecutor not appearing, the prisoner was acquitted .
46. 47. Mary Kirkham alias Bridges , and Catharine Davis , were indicted for stealing a pair of leather pumps, value 10 d. and a linen shirt, value 10 d. the goods of Edward Marsh ; Sept. 14 . Davis guilty 10 d. Kirkham accquitted .
49. Thomas Cullum was indicted for stealing a cloth coat, value 30 s. the goods of Farrier Cripps , and a cloth coat, value 20 s. the goods of Joshua Gill , in the dwelling house of Thomas Sydney the elder; Sept. 21 .
Thomas Sydney junior. On the 2d of Sept. I went to the prisoner's house; he lives with one Nan Thompson in Turnbull-street ; I told him I lived with my father in Bell-court , Brooks-market, and we agreed to take any thing from thence that we could get, to buy pistols, in order to go upon the highway. It was agreed between us, that I should go to bed, to prevent suspicion in the family, and that I should tie a string about my wrist, and let it hang out of the window, which he was to pull to wake me. He came that very night, but could not find the string; so he appointed to come the next night. Accordingly I tied the string about my wrist the second time, but he was (as he afterwards told me) so drunk, that he could not find the way. We made the same appointment a third time, and he came. I was awake at the window, and let down the two coats mentioned in the indictment with the cord of the bed. We sold the coats for about 25 or 26 s. out of which we had 5 or 6 s. apiece, and the rest we laid by to buy a pair of pistols.
50. James Johnson was indicted for stealing seven linen shirts, eleven linen shifts, eleven aprons, two linen table-cloths, one dozen linen towels, two dimity waistcoats, three handkerchiefs, four stocks, a linen cap, a linen hood, a cambrick ruffle and a twiggin basket, the goods of John Mangar , and three shirts, the goods of Thomas Low , in the dwelling house of John Mangar ; Sept. 19 .
John Mangar . I live in Maiden-lane, Covent-Garden. On the 19th of Sept. about half an hour after eight at night, I had left off work, and was informed, that my clothes were stolen. I ran into the street, and saw them set down in the street, about two doors beyond my house. My apprentice pursued the prisoner till he was taken.
Thomas Low . When I went down stairs from work, I heard a noise in the parlour. I turned into the shop to shut it up, and just as I opened the shop door, I saw the prisoner go out with the basket on his knee. I ran after him, and asked him what business he had with the basket? He made me no answer, but walked a door or two farther. I then took hold of the basket, and asked him again, and a fellow that stood over against him said, You are not right . Upon this the prisoner set down the basket, and he and the other man walked very leisurely till they came to Southampton-street . Then they ran into the Strand, and some people coming to my assistance, the prisoner was taken in a street just by Exeter-Change. I am sure he is the man, for he was not out of my sight 'till he was taken.
Prisoner. Please to ask him, if he saw me in the house, why he did not have me taken sooner?
Low. Because he was just at the street door when I opened it.
Prisoner. Did not he say I must be the person because I had a white coat on?
Low. No, I said no such thing, because all the way I went I looked in his face.
Edward Hide . On Saturday the 19th of Sept. between 8 and 9 at night, this woman and I were sitting at the Horse and Groom door, in Maiden-lane, and the prisoner came by with a basket of linen in his hand. Low followed him pretty close, and he set the basket down, and walked on very leisurely. Low cried, Stop thief! and as soon as he came to the end of Southampton-street , he set up his heels and ran.
Melicent James. We were sitting at the Horse and Groom door , and heard the boy cry stop-thief! The prisoner set the basket down and ran away. I pursued him, and got hold of the lappet of his coat, but he hit my hand a blow, and got away from me.
Charles Class . I was going up Burleigh-street , and met the prisoner. I clapp'd my hand upon him, and stopp'd him. He had on a light-colour'd coat and a woollen apron, like a tradesman. When I had secured him, Low came up, and we carried him to Justice Frazier , and the boy (Low) was very positive to him.
William Reddish . I live pretty near where the prisoner was taken , and being a constable, I was called to their assistance . I went up into Southampton-street , and found the prisoner in custody of the last witness. We carried him to Justice Frazier's, an d being apprehensive of a rescue, we desired a guard, but it was refused. We got him down to White-hall , and assistance came; but a body of people fallied out upon us, and rescued the prisoner. He was retaken by a serjeant, and I have a nephew whose skull was broke in the rescue, and I believe he will never get over it.
Prisoner . I was coming that way, and saw the basket of clothes, and the boy took hold of me, and let me go again. He bid me cry stop thief, and I ran with the rest of the people. I saw them lay hold of several people, and at last they laid hold of me, and said I must be the man, because I had a white coat on. Guilty 39 s.
52. 53. 54. James Reynolds and Mary his wife were indicted for stealing a silk damask gown, a pair of white tabby stays, a black velvet hood, 3 pair of leather gloves, a yard of silk, 2 Holland shifts, 3 fans, 2 dimity pockets, a muslin handkerchief, a pair of thread stockings, a pair of silver buckles, a gold thimble, 41 pieces of silver call'd counters, and a pair of silver buckles set round with Bristol stones, the goods of Catharine Smith ; a Holland shirt, a pair of silver spurs, and 3 moidores, the goods and money of John Baker , in the dwelling house of Dudley North , Esq; And
John Baker . I live at Mr. North's in Grosvenor-square . On the 23d of July I went out of town, and left my money safe in the bureau, and when I came home, the same night, I found the bureau broke open, and burnt, and my money gone.
Elizabeth Pitties . I am about twelve years old. That woman in the blue cloak, her name is Mary Reynolds , she in the middle is Jane Laws , and the other is James Reynolds , I came from Hampshire last Christmas, to live with my aunt. Mary Reynolds sells apples, and I got acquainted with her by buying fruit of her. Before my aunt went to take care of Mr. North's house, she lived in Jolly's court , a little distance from the prisoner's. When I came to town this last time, Mary Reynolds was very glad to see me, and when I had drank tea with her several times, she ask'd me if my aunt had no clothes that I could bring her: I told her my aunt had none. Then she heard that my aunt had the care of Mr. North's house, and she ask'd me to let them in to take some things away: she said it was not the first time she had been in houses in that manner, that I need not be afraid, and if I would not let her in, she would tell my aunt that I had ask'd her to come and rob the house. At last I agreed to let them in, and Reynolds and his wife came one Wednesday morning. Mr. Baker went out of town that morning in a chaise, to carry a puppy, and they waited about the door 'till he and my aunt went out. Then I let them in, and after they were in the house, they bid me shew them where the money was: I said I believ'd there was none except there was any in Mr. Baker's bureau, which was in the house-keeper's room. They went into the room, and James Reynolds pull'd the bolt of a window out of his pocket and broke open the bureau: he was dress'd in a frock and sleeves like a tradesman, and Mary Reynolds was with him. When he had broke the bureau open, he took from thence three moidores, and bid me give them to his wife. I had one, she had one, and Laws had one.
Q. How do you know that Laws had one? was she in the house?
Pitties . No, but I saw Mrs. Reynolds give her one the next day. After they had taken the money, they went up into the lady's woman's room, and James Reynolds broke open the drawers with the same thing that he broke open the bureau with. He took out the stay and the gown and gave them to his wife; but before this, he told me he would kill me if I did not set fire to the papers in the bureau to prevent discovery, so I was forced to do it. After the papers were lighted I shut the lid of the bureau, and then they went up stairs and took the other things. Mary Reynolds came by herself once afterwards : I was then washing the tea cups in the kitchen, and my aunt was in the parlour at work: she went up the back stairs, but I can't tell whether she took any thing then. They wanted more things, and they said they would have more, and I was afraid they would come again for more, for Mr. Baker had made a stir about being robb'd , and they told me if I said they were concern'd, I should hang myself and clear them, but if I took it all upon myself I should be saved; and when I was in Bridewell, before I went to the justice, James Reynolds came to me, and desired me not to bring him in.
Q. When you let these people into the house, who was at home?
Pitties. No body at all but myself. My aunt went out to the milliner's about 8 in the morning, and came back about eleven.
Dorothy Pitties . I went out between 8 and 9, and when I came home at eleven I smelt fire, and after some examination I found it was in Mr. Baker's bureau. I left no body in the house but the girl when I went out.
Pris. James. Ask the girl if I broke any locks, or carried any thing away with me?
Eliz. Pitties . Yes. He broke open the bureau, and afterwards went into Mrs. Smith's room, and broke the chest of drawers open, and he tried to break the lady's cabinet open, but he could not.
Prisoners. How long have you been acquainted with us?
Q. Had Laws any of the goods?
Pitties . Yes, I saw Mrs. Reynolds give her these things for her share.
- Rossiter. I am turnkey of Tothill Bridewell. On the 26th of August this girl was committed to my care, and the prisoner James came in to see her, and desir'd her not to bring him in.
Pris. James. That fellow was as drunk as muck, and could not stand: I desired her to speak the truth, let her deny it if she can.
John Ward appeared to the character of Mary Reynolds , and Hugh Phillips , William Brown , Hannah Smedley , Benjamin Birch , John Spencer , John Holes , and Howel Hughes to that of Laws, and never heard but that they were honest industrious women.
Mary Reynolds &c.
A farther confession of Elizabeth Pitties before justice Trent was read, which was in substance, that about 3 weeks ago she broke open a bureau in the house keeper's room with a hammer, and took from thence 3 moidores, and afterwards set fire to the said bureau with a candle, so that the inside of it was burnt. All acquitted .
58. 59. Patience Fry and Ann Williams were indicted for assaulting James Friar in a certain alley near the King's highway, putting him in fear, and taking from him a linen shirt, a pair of worsted stockings, a cambrick stock, and a linen handkerchief ; Sept. 18 . Both guilty Felony.
61. 62. Ann Bush and Sarah Low were indicted, Bush for the murder of a male infant child, by putting it down a necessary house; and Low for being present, aiding, abetting, &c. the said Bush the said murder to commit and do ; September 16 . Both acquitted .
His Majesty having been graciously pleased to extend his mercy to the following persons formerly attainted of felonies and murder, on certain conditions, they were called to the bar, and acquainted therewith, and thankfully accepted the same, whereupon sentence was pronounc'd on Elizabeth Bennet and Richard Baker condemn'd in May sessions, to be transported for life; and Thomas Ruby condemn'd the same sessions to be transported for 14 years.
The Trials being ended, the Court proceeded to give Judgment as follows.
Received Sentence of Death 6.
Burnt in the Hand 3.
To be whipped 2.
To be Transported 29.
William Linwood , George Cantrill , John Williamson , * Mary Farrow, Jane Bignel , James Wiman , John Quorterman , L - D - Richard Bursey , John Green, Mary Ludgate , Elizabeth Fleet , James Case , William Noon , Abel Otty , Patience Fry , Ann Williams , Thomas Sheppard , George Johnson , Mary Lindsey , Charles Middleton , James Tossyer , John Gibbs , Thomas Cullum , Mary Morris , James Johnson , Catharine Davis , * William Frankland, and Robert Sneed .
* These being convicted of receiving goods knowing them to be stolen are to be transported for 14 years.
His Majesty having been graciously pleased to extend his mercy to the following persons formerly attainted of felonies and murder, on certain conditions, they were called to the bar, and acquainted therewith, and thankfully accepted the same, whereupon sentence was pronounc'd on Elizabeth Bennet and Richard Baker condemn'd in May sessions, to be transported for life; and Thomas Ruby condemn'd the same sessions to be transported for 14 years.