FRIDAY the 4th, SATURDAY the 5th, MONDAY the 7th, and TUESDAY the 8th of DECEMBER,
In the 15th Year of His MAJESTY'S Reign.
NUMBER I. for the YEAR 1742.
BEING THE First SESSIONS in the MAYORALTY OF THE
Printed and Sold by T. PAYNE, in Bishopsgate-Street, near the South-Sea-House . M,DCC.XLII.
THE PROCEEDINGS AT THE
Sessions of the Peace, Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable Sir ROBERT GODSCHALL . Knt. Lord-Mayor of the City of London; Mr. Justice CHAPPLE; Mr. Baron ABEY ; 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.
2, 3. John Dean , and John Flexmore , of Harrow , were indicted (with Robert Flexmore , not taken) for that they, after the first of May, 1741, viz. November 6 , a Weather Sheep, Value 10s. the Property of Daniel Hawkins , feloniously and wilfully they did kill, with Intent to steal the same, against the Form of the Statute, &c.
Daniel Hawkins . On Sunday Morning, the 18th of last Month, I sent my Servant into my Grounds to fetch up eighteen Sheep; I did design to go to Smithfield with two Calves, so I thought I would take some Sheep with me. My Servant brought but seventeen, and told me one was missing; upon which, I told them myself, and thinking perhaps I might get it again, I obtained a Warrant from Justice Clitherow to search for it. I had some Suspicion of Dean, and Flexmore's Father; and I went to Dean's House, and after we had examined him, and his House pretty rightly, he confessed that he, John Flexmore , and Robert Flexmore , went out on the Friday Night, and drove the Sheep up into a Corner, and kill'd it, and then carried it Home to Flexmore's House , Upon this, we went to Robert Flexmore's enquiry, and at the Top of the House the Constable found something wrapp'd up, which proved to be a Leg of Mutton . I brought Dean behind me to Town, and told him he had as good tell me what he had done with the Skin, and he said, Master we threw it into a Cart-rut ; and the next Day I sent my Boy, and he pulled the Skin out of the Rut, with a Fork: It was in a by-lane where Carts do not go sometimes for two Months. He found the Skin and shewed it to me, but I can't swear it was mine, for it was cut into ten Pieces I believe.
- Westmore, Constable. Mr. Hawkins brought the Search Warrant to me, and I went to search Dean's House. I took him upon Suspicion, and when we had him out of Doors, he confessed that he, with the two Flexmore's went into Hawkins's Ground's on the Friday Night before, killed the Sheep there, and brought it home in a Sack.
Westmore. When Mr. De Veil examined him,
he said, he was one of them: I never heard him say any Thing more than that.
Hawkins. Flexmore said in my hearing, that they went out about ten or eleven at Night, and that he was with his Father and Dean when the Sheep was killed.
Samuel Dyson . I know John Flexmore very well; he lived with me three Years as a Servant, and always did what I commanded him without making Words, and I believe it was through his Father that he did that Act that he did.
Dean guilty Death . Flexmore Acquitted .
Wm Herne . About five or six Weeks ago I had been out about some Business, and had drank too much, and the Prisoner enticed me from Place to Place, to go to her Lodging with her. Accordingly she took me to a House in Rag-Fair, and there picked my Pocket while I lay backwards on the Bed.
Q. Why did not you seize her?
Herne . It was two or three Hours afterwards before I could, for she ran out of the House. My Money was in three Papers, and I had put it into a Bag to pay three Persons that I dealt with.
Q. What Business are you?
Herne. I am Master of a small Vessel, and trade from London to Ipswich; and this Money I brought from Ipswich to pay away - I have never had it again.
Prisoner. I was going through Rag Fair for a Pound of Mutton Stakes, and met the Prosecutor , he was pulling some Women about, and me among the rest. I asked him what he wanted? he said so and so, and went to be rude with me, but I got from him. He watched me Home, and I was no sooner got up Stairs but he followed me, and swore he would lie with me. There was another Woman in the Room, whom he desired to fetch a full Pot of Beer. I told him I would go myself, and he gave me a Shilling, and I brought him the Change.
Herne. There was another Woman in the Room, but the Prisoner was the Person that did the Fact, and we never had any Drink, or any Thing at all. Acquitted .
5, 6. William Warner alias Goody Warner , and John Newman , of St. James's Clerkenwell , were indicted for assaulting William Blackburn on the King's Highway, putting him in Fear, &c and taking a Silver Watch, value 4 l. 2 Iron Keys, value 2 d. a Quart Glass Bottle filled with Brandy, value 1 s. and a Copper Pocket Piece, value 1 d. and 5 s. in Money , Nov 1 .
At the Prisoner's Desire the Witnesses were examined apart.
Wm Blackburn. On Sunday Morning the first of last Month, a little before one o'Clock, I was going up towards Islington, and very near Sadler's Wells back Gate, he in the blue grey Coat and red Waistcoat (Warner) came up to me with a Hanger in his Hand .
Pris. Warner. He swore before the Justice, that I had the Pistol.
Blackburn. Another came up , whom I take to be the other Prisoner, with a Horse Pistol in his Hand, and they damn'd me , and bid me deliver my Money. I dropped my Watch in the Grass , thinking to save it, and I had a Bottle of Brandy on my left Side, and Warner took it out of my Pocket, and the other took 5 s and two Box Keys. Warner happen'd to see my Watch lie in the Field , and he said , D - n me Jack , here, I have got his Watch! come along Jack! and then I saw them go along the Field together, and presently I saw a Man lying at length, and heard him cry O Dear! Upon that one of them said, he had a good Mind to turn again and shoot him through the Head, and the other said, he deserved his Brains blown out, and they would do it. I passed them, and went up to 'Squire Edward's Brewhouse, at the Woolpack, for some of their Men to come and see what was the Matter with the Man, and while I was there the Man himself ( Charles Shippey ) came up.
Q. What Sort of a Night was this?
Blackburn. A Star light Night.
Q. Could you distinguish the Persons?
Blackburn Yes, very well.
Prisoner Warner. How came you to take us up?
Blackburn. I described their Persons, and on the Tuesday following they were taken on Suspicion of House-breaking, and sent to the Gate-house, where we saw them. - They were both taken up on the Tuesday, and Warner only was sent to the Gatehouse, and we saw him there the next Day.
Q. What is your Employment?
Blackburn, I am Servant to Mr. Forcer , and
have lived with him three Years, and the Night this happened, I had been at Goodman's-Fields to a Benefit there.
Q. How were the Persons dressed that robbed you:
Blackburn . Warner was in the same Dress as he is in now, but Newman was not.
Prisoner Newman. The Almanack will convince these People that it was a dark Night. Here is a Frock, and he swore I had not a Frock on. This is a Frock.
Q. What, that which you had on then?
Newman. Yes my Lord; he saw me in Goal in this Frock. Ask him whether it was not a dark Night?
Blackburn. It was between twelve and one in the Morning, and Star-light.
Charles Shippey . The two Prisoners met me, and knock'd me down, and after I had recovered myself, I walk'd to Mr. Edwards's Brewhouse, and there I saw Blackburn. He said, he had been robb'd, and I told him, I believed they had broke my Skull, but I would go back and see for my Meat and Potatoes. After they had robbed me, Warner said, here comes another, and I turned my Head as quick as he spoke, and saw Mr. Blackburn in his white Apron, and he told me, he had lost his Watch, and five Shillings, a Half penny, a Pocket-piece, and a Quart of Brandy.
Q. How long was that after they had robbed you?
Shippey . Not two Minutes.
Q. Was it in the same Place?
Shippey . I believe it was ten or twelve Yards distant .
Q. Were they in the Place where Blackburn was robbed ?
Shippey . Yes, they ran from me to him. Warner ran first, and as he was going along, I took him a Drive to knock him down, and I hurt my Hand in two Places. He had a Horse-Pistol in his Hand, and when I took him that Blow, Newman knock'd me down again; I can't tell with what, for I lay senseless.
Q. Where they the Persons that robbed you?
Shippey . Yes, Warner came up to me, and ran his Pistol to my Breast: I said, Friend, I have nothing about me worth your taking. He put his Hand into one Pocket and found nothing, but in my other Pocket, I had three Shillings, which he took from me, and I believe he would not have taken my Meat, if I had not struck him.
Q. Was this before Blackburn was robb'd?
Shippey. Yes, as soon as he had taken the three Shillings out of my Pocket, he said, here comes another, and I turned my Head , and saw a Man in a white Apron; so I took him a Knock, and thought I would have another when Blackburn came up, imagining he might take my Part; but they knocked me down, and immediately went up to him, and the last Words I heard them say, were, D - his B - d, I have a good Mind to go back and shoot him through the Brains, for he deserves it. It was a Star-light Night, and the Watch were going Twelve when we came through Wood's Close.
Q. When did you see them afterwards?
Shippey. Warner was sent to the Gatehouse, and Newman to Bridewell, and there I saw them the Wednesday following.
Newman. Please to see whether it was a Starlight Night.
Shippey. It was a Star-light Night.
Warner. Did it Rain?
Warner. I hope you will look into it, and see whether it did or no.
Warner. He is a Thief-taker .
Revington. Mr. Blackburn was at our House, and left Word that he wanted to speak with me, and when I saw him, he informed me he had been robbed by a Man in a blue grey Coat, and another in a brown Frock. Afterwards hearing that these Men were taken, I desired him to go and look at them, and I went with him and Shippey , and they were positive to the Men. I have seen them frequently in the Street passing and repassing in the Night-time.
Q. What Business had you up in the Night-time?
Revington . I have attacked some of their Kind before.
Jury . Was there a mix'd Company when Blackburn picked them out at the Gatehouse ?
Revington. I was not directly in, because Warner threw a Pipe at me, and swore he would do me a Mischief, but there were several Prisoners about.
Q. Did any body shew the Man to Blackburn?
Revington. No, he challenged him himself.
Q. To Blackburn. Did any Body point out Warner to you?
Blackburn. No, I just look'd at him, and he said D - n your Eyes, you Rogue, what do you look at me for? I saw Newman in Tothillfields Bridewell; Revington was with me , and I found him out myself.
Thomas Blackburn . I am a Shoemaker by Trade, and have kept the Coach and Horses in Hog-Lane , St. Giles's, a Quarter of a Year at Christmas. I have known Newman two Years and something better. He is a Bricklayer by Trade, and lived in the same House with me in Newport Market: that was two Years ago, and I have not been much in his Company since then, but I never knew any Harm of the Man. I used to make Shoes for him.
Q. Do you know Warner?
C. That happens to be a Month before the Robbery.
Warner. My Witnesses will not be here till To-morrow.
Newman. Examine whether it was a Star-light Morning or no. I have no Money, and therefore can't get any Body else to appear for me.
Both Guilty . Death .
7. Esther Burnham , of St. Clement Danes , was indicted for privately stealing a Silver Watch, value 3 l. 4 Pieces of foreign Gold, value 7 l. 4 s. 2 Moidores, and 9 Guineas, from the Person of John Bowers , Nov. 30 . And,
John Bowers . Last Monday Night between 9 and 11 at Night, I was going round the Back Side of St. Clement's , and I went with a Woman into this Burnham's House. It is a House where they sell Drams, and I thought it was kept by another Person. I dismissed the Woman whom I had with me, and went towards the Fire-side, and turned up the Flap of my Waistcoat, and saw my Watch was there. The Prisoner then desired me to go with her into the Passage just by the Door, and we had not been there above three Minutes before she picked my Pocket of my Watch, and she gave me a Shove and ran into the House. I followed her, and just as I came to the Door, Godfrey Nodder the other Prisoner, met me, and gave me a push away till she made her Escape. Finding she was gone, and not being willing to lose my Watch, I said in the public Room, I would give any Body a Guinea to have my Watch again, and no Questions asked. Upon this she came down Stairs rectly, and I pulled out my Purse to have Change for Half a Guinea: She seeing my Purse, called me into another Room, and I thinking to have my Watch again, went into the Room with her, and there she picked my Pocket of my Purse and Gold. I missed it that very Minute, and ran after her and caught her. I came to Town on the Sunday Night before, and brought this Money with me, and was pretty much fuddled when this happened. I seized the Prisoner a second Time, and Nodder came and struggled with me, and she got away again. I can't tell what Nodder is; I never saw him before that Night, but I can swear to them both. I saw there was nothing to be done, so I went to call Assistance, and got Mr. Roach and Mr. Sumner to go with me, and with some Difficulty we got into the House. We went into a Room and found the Prisoner, and seeing Nodder's Hat and Wig lying on the Chest of Drawers, we asked her where her Husband (Nodder) was? She said he was gone out, but after we had set a Watch about the House, we went into the next Room, and there was Nodder by the Fire Side. He robb'd his Eyes as if he had been asleep, and Robin Roach found the Watch in the Chimney by him. Then they search'd in the Fire Place, and found some 36 s. Pieces, two Moidores, and 3 Guineas.
Q. How do you know they were yours?
Bowers. I am sure as to the Watch, but it is a hard Matter to swear to the Money. I told the Constable and all of them, what Pieces I had lost before they went to search. These Things were not found upon Nodder, but in the Fire Place by him, and on searching him we found a Purse and some Money in his Pocket. I can't swear that they were mine, but he said he had pawned his Hat and Wig for 2 s. just before.
Pris. Burnham. Ask him if there were not two Women that came with him, and sat by the Fire Side.
Bowers. One Woman I brought in, but her I dismissed.
Burnham. How do you know but that Woman might take your Things?
Bowers. Because I chang'd my Money after she had been gone some Time.
Pris. Nodder. Ask him if I mislefted (molested ) him in any Shape, or meddled with him good, bad, or indifferent?
Bowers. Once I had her in my Custody and he hinder'd me.
Nodder. Did not I tell him he might go and see if there was any Woman there?
Bowers. He said I might go down into the Cellar and see.
Elias Sumner . I am a Robe maker, and happen'd to call in at this House to see for my Bed-fellow, because I knew he was drunk that Afternoon , and he used to keep Company with a loose Woman that used that House. At Nodder's Desire I sat down by the Fire Side about two Minutes , and the Coachman (Bowers) came and sat down on the other Side of the Fire. He sat about a Minute, and went out again, and Burnham and he were both missing. After they had been out two Minutes, or something more, I heard some Body run up Stairs very fast . There was a Screen by the Fire, and I could not see whether any Body went out with him, but he came in presently, and said she had robb'd him of his Watch. Nodder said there was no Body come in there, Bowers insisted that there was, and upon that Nodder wanted to let him out at the Passage Door to see for her there. Bowers would have it, that she was gone up Stairs, upon which Nodder took a Candle off the Counter, and went up Stairs, but would not let him go into the one pair of Stairs Room, because (he said) they must be gone up higher. I went up to the one pair of Stairs, but Nodder and the Prosecutor went up higher, and when they came down again, the Prosecutor pulled out a Guinea on the Counter, and said he would give it for his Watch. Immediately Burnham came down, and he told her she had got his Watch, and he would give her a Guinea to let him have it again . He called for a Quartern of Shrub, and had Change for half a Guinea: she seeing his Money said, Come hither my Dear, I want to speak with you! Upon which they went backwards , and staid very near a Quarter of an Hour, and then I heard her run out crying, D - ye if I will be served so. He follow'd her, and said she had got his Money. Nodder said, no Body had got his Money; but however I saw the Prosecutor bring her into the House by one Arm, and Nodder and he had a great Struggle, and got her from him. Then the Coachman (the Prosecutor) went out to see for his Friends, and Nodder fasten'd up the Door. I did not care to stay in the House any longer, so I bid Nodder give me a Dram, and let me go out. He was very unwilling to let me go, but at last he did; and when I came out, I saw the Prosecutor and Roach together While we were talking together , I happen'd to see this young Woman that my Shop mate keeps Company with. Nodder had refused to let us in again, so she open'd the Door for us, and when we came in we found the Prisoner Burnham a Bed, and I saw the Watch found in the Chimney, and the Money in the Ashes.
Burnham . How long has he known me?
Sumner . I never saw her but once before that Sunday Night.
Burnham. Did he see me go into any Company with the Coachman ?
Sumner. No, Nodder came up to me as I sat in the Watch-house, and said, if I would keep silent , his Wife should make me a Present.
Nodder. Ask him whether I used the Coachman ill?
Sumner. Yes, he got the Woman away from him.
Robert Roach . I live at the Lamb-Inn, the Back of St. Clement's, within five Doors of the Prisoner's House, and my Servant being gone to see what was the Matter , I went to fetch him Home, but being acquainted with the Coachman, I staid to assist him. The House was beset with Watchmen, and the Door in the Passage was bolted, but we got it opened, and when we came in, we saw Nodder in the Room below Stairs: He rubbed his Eyes and yawn'd , and ask'd what was the Matter The Prosecutor said, he had been robbed, and on searching the House, I found this Watch on the Edge of a Brick between the Closet and the Chimney, and in the Chimney Corner I found four Broad Pieces, and three Guineas.
Bowers. This Watch is mine, it was made by one Davis.
Roach. Nodder stood by me when I found these , and he bid me look in the Fire, so I took the Poker and stirred the Fire, and found two Moidores, and two Guineas more. After I had found the Watch in the Chimney, I began to look for the Money, and Nodder desired to speak with me in private, and he said, If I would disperse the Watchmen, the Money should be forth coming. I told him, we must have it now, but he said, there were some Females concerned in it, and they were the Devil to deal with.
Burnham. Did not I desire to be stripp'd and search'd?
Roach. No, she did not.
Samuel Roach . On Monday Evening about eleven o'Clock, or a small Time before, John Bower came to my House, and told me he had been robbed: The Robe-maker (Sumner ) came by at the same Time, and we got him to go along with us. We got two Watchmen to stand and secure the Fore-door, and then a Woman came by that used the House, and by her Means we got in. When we had got in, we went into
the back Room, and found Burnham a bed, and on going into another Room , we saw Nodder sitting by the Fire-side , as if he had been asleep, and he pretended to be ignorant of our Business. We searched about, and at last my Brother found the Watch in the Chimney , and among some Dirt there were four thirty-six Shilling Pieces and some Guineas found . I took particular Notice of them, because Williams took them out , and he being a Stranger, I imagined he might Pocket some .
Burnham. The Prosecutor came into our House with two Women, and had some Shrub, and changed Half a Guinea for it. They sat some Time, and at last went away together, and some time afterwards he came in again , and charged me with robbing him of his Watch . It is something very particular, that this Man should lose his Watch , be gone from me, and say I robb'd him, and afterwards fuster me to take his Money. I should be glad to know what Freedom there was between us.
Bowers. There was going to be a pretty deal of Freedom, but I lost it in the mean Time.
Mary Lane. I live in Peter street, St. James's. I lived with Mrs. Burnham last Summer, and I was in her Family before I lived with her. On Monday last in the Evening, I believe it might be something after eight o'Clock, I saw the Door open, I happened to be coming along, and dropped in there, and saw Mr. Nodder in the Shop. - I knew him before, for he lodged with her when I was her Servant. She keeps a Shop, and sells Liquor , - I don't know what, - common Liquor, - Gin I believe; but however , this Coachman came in, - he had a laced Hat on then, and he asked for one Mrs. Shaw. He was drunk, and two Women followed him in, and one of them sat in his Lap. He went out, and when he returned, he said, he had been robbed, and I am sure the Prisoner was not in his Company a Crum of a Minute. He accused me first, and when Mrs. Burnham came, he accused her; but before he went away, he desired to have a Dram, and be Friends . I know two or three of the People that were there; you, Sir, I knew for one, and this Man in his own Hair was another, and I will take another of you if that be all ( to Roach ) you told me, if I offered to appear you would hang me, and the Beadle of the Parish said the same.
Q. Do you imagine the other Woman robb'd Bowers ?
Lane. Yes, I fancy so.
Q. And left the Watch and Money for some body else ?
Lane. I can't tell as to that.
Robert Morris . I know but little of Burnham , but Nodder I have known about a dozen Years, and never heard any Body accuse him of any Thing of this Kind. He kept a Public-House in Fleet Street a little while ago. - I have heard that he stood on the Pillory , but not till within this Month .
Roach . Lane was in the House, and behaved in a very insolent Manner, and we desired the Justice to commit her to Bridewell, but he would not commit any Body that might be a Witness for the Prisoners.
Burnham. They said before the Justice, that I should keep my Christmas in another World, for they were determined to hang me.
Mr. De Viel. These Gentlemen said no such Thing as she charges them with, and Lane was the most impudent Creature that I ever saw, and the Reason I did not commit her, was, because she was to be an Evidence for the Prisoners.
Burnham guilty Death . Nodder acquitted .
15, 16, 17. John Waters , Ann Holland , alias Lee , and Martha Hunt , of St. Giles's in the Fields , were indicted for assaulting Martha Tapster on the King's Highway, putting her in Fear, and taking from her a Cloth Cloak, value 10 s . Nov. 23 .
Martha Tapster . It will be a Fortnight next Monday. I was coming from my Lady King's in Bloomsbury-Square , about half an Hour past nine at Night, and was met by three Women and a Man in Little-Turnstile, near the Six Canns in Holborn . One of them struck me on the Side of
the Face, and the other swore, D - her a B - knock her down, and immediately one of them fore my Cloak off my Shoulders. I turn'd the Corner, and saw Susan Hawkins standing at an Oyster Stall, and desir'd her to help me. She said she knew the People that had robb'd me, and would shew me next Morning where they lived. Upon this I went into the Six Canns, and the Maid stood at the Door with a Quart of Beer for them, but they ran away without drinking it.
Gilbert Ward . About half an Hour past nine, the Prisoner Waters came to my Door, and call'd for a Pot of Beer; I keep the Six Canns in Holbourn. My Maid was not so quick in drawing it as she should have been, and so I went myself, and I heard a Woman say, D - you don't stay for the Beer, but come along. He immediately went away from me towards the Cloaths Shop by Little Turnstile without drinking the Beer, and presently afterwards the Prosecutrix came up and said, she had been robb'd of her Cloak.
Eliz. Waters. The Prisoner Waters keeps a Lodging House in Goldsmith's-Alley, and his Wife having lent a Gown to one who had lodg'd with him, he and his Wife, and I, and the two Prisoners went to see for it. It will be a Fortnight next Monday; I really can't tell what Time of Night it was, but I believe it was between eight and nine o'Clock. They got pretty much in Liquor at the Woman's House in Black Boy-Alley in Chick-Lane, and as we were coming by Mr. Ward's Door, Waters said he would have a Pot of Beer; his Wife thought he had had enough, and was for getting him along. The Prosecutrix happen'd then to come by, and looked at us. I asked her what she look'd at? and she said something, I can't tell what it was, and I struck her on the Side of the Face: then Ann Lee came up to her, and gave her another Knock and tore her Cloak off, and then we ran away after Waters and his Wife, who were gone a good Way before. The next Day I went to Water's House to see how he did, and was taken up for this Fact.
Lee. What Gown had I on?
Waters. A red and white Linnen one:
Susannah Hawkins . I was standing at my Oyster Stall, and the Prosecutrix came up, and said she had been robb'd. She went into the Six Canns , and in the mean Time I saw Moll Waters, Bess Waters , and Lee run by. The Woman seem'd to be very much surprized, and I promis'd to tell her who they were.
Thomas Savage . On the Tuesday Morning after this Affair happen'd , I and my Headborough had a Warrant, and went to Waters's House We found the two Women Prisoners, the Evidence, and Waters's Wife drinking Tea together. Lee was not in the Warrant , and so we only took Waters, his Wife and the Evidence before the Justice, but it appearing upon the Examination that Lee was concern'd, I went to the House for her. There was a Fellow in an Apron with her, and I was pleased to swear a little, and so got her away. She seemed to make Words that she should be taken before the Justice, and Hunt left behind, so we took her too. When they came before the Justice, Hunt said, that Nan Lee had the Cloak, and had pawned it at the Corner of the Coal-yard, and she owned, that she was with her. The Justice then gave me a search Warrant to fetch the Cloak, and I found it according to their Directions .
William Standwell . I took up Waters and his Wife, and carried them before Mr. De Veil, who committed them to New Prison for further Examination. The Evidence happened to go by my Door in the Afternoon, and I took her to the Round-house, 'till next Morning. We afterwards went to Waters's, and took the two Women Prisoners. Hunt desired to be made an Evidence, and it was agreed, that she should be one; so she told where the Cloak was pawn'd for 3 s. and it was found; but it afterwards appearing that she was deeply concerned in this Affair, the other Wom an was admitted an Evidence.
Frances Hamlin . The two Women Prisoners pawn'd this Cloak with me for three Shillings. I asked them who owned it, and Lee said it was hers. The next Day the Headborough came with Hunt to my Shop to take out the Cloak; I knew the Woman again, and delivered it to them directly.
Hunt. You can't say I brought the Cloak!
Hamlin. Lee owned the Cloak, and the other was with her.
Prisoner Lee. I went with them to see for the Gown, and at Turnstile I parted with them and went Home to my Mothers. The next Morning I went to Breakfast at this Gentleman Mr. Waters's House, and while I was there, the Constable came and took the Gentleman and his Wife away. As to this Cloak, the Evidence over-persuaded me to pawn it, and Hunt went with me.
Hunt This young Woman asked me to go with her to pawn the Cloak, and I did very innocently, for I thought it had been her own.
Lee guilty Death . Holland and Waters acquitted .
23, 24. Samuel Shuffle , and Joseph Lacock , of Stepney , were indicted for assaulting James Gray , in a certain Field, and open Place near the King's Highway, putting him in Fear, and taking from him a Pair of Leather Shoes, a Pair of Silver Buckles, and a Pocket-Book . November, 15th .
James Gray . On the 15th of last Month, between 7 and 8 at Night, I was knocked down in a Field behind the Two Loggerheads , going to Shoreditch, by three Persons. I received a Cut upon the Left-side of my Head, so that you might see my Skull very plain, and they took from me my Shoes, a Pair of Silver Buckles, and this Pocket Book, which my Master gave me that Morning for Memorandums for planting Flowers.
Q. What did they say to you when they first attack'd you?
Gray. They knock'd me down before they spoke, and then I believe they said, D - him, keep him down.
Lacock. Ask him how he came by his Pocket-Book again?
Gray. It was produc'd before the Justice.
Lacock. It is very hard to swear to such a Book with no Writing in it.
Joseph Standley . On the 15th of Nov. the two Prisoners and I were at Mr. Freeman's, a Publick House in Bishopsgate street, and saw Mr. Gray come in, and he being pretty much in Liquor, we pretended to see him Home. We went as far as the upper End of Brick Lane into Swan-Fields , and I had hold of his Arm when Lacock knock'd him down with a Mopstick, and we both tumbled into the Ditch together. Then they took his Shoes and Buckles, and this Pocket-Book. I have known Shuffle about 12 Months; he is a Velvet-weaver by Trade. Lacock I have known ever since Mackarel Season; he used to sell Things about the Streets, and we had been drinking together, and had no Design to do any Thing before Gray came into the House, and then we took Notice of his Silver Buckles, and agreed to take them.
Richard Wornell . On Wednesday Night last, I was in Company with a Man , and the Prisoner Lacock came and said he had committed some Robberies, and was desirons to leave off this Course of Life, and he made an Evidence , and if we would come next Morning to his Lodging, we should find the other Prisoner and Standley. Accordingly we went and broke the Door open, and found Lacock in one Room, and Standley and Shuffle in the other. He (Lacock) own'd to me, that he himself knock'd the Man down with a Mopstick , and that the Buckles were sold for 4 s. 6 d and the Shoes for 1 s. We carried them before Mr. Deveil , who perceiving that Lacock was the very Person that knock'd Gray down, he refused his Information, and admitted Standley an Evidence. This Pocket-Book I fetch'd from Standley's Wife, according to his Direction; she was very scrupulous to let me have it, but I brought it away with me. Here is a Memorandum in it, knock'd down Sunday Night, and I suppose that relates to this Robbery.
Standley. I wrote these Words in it myself
Q. to Wornel. Did Shuffle say any Thing before the Justice?
Wornel. He desired to be made an Evidence, and said he could make the greatest Discovery. All of them owned it before Mr. Deveil.
Mr. De Veil. These three Men were brought before me before we knew the Person that was attack'd. They all own'd the Fact, and called him by the Name of Blake, a Gardiner at Walthamstow . I put them into the News, and the next Day the Prosecutor appear'd against them.
The Prisoners having nothing material to offer in their Defence, the Jury found them both Guilty . Death .
25. Mary Dutton , alias Huntley , and Mary Bessier , were indicted for privately stealing a Silver Watch, value 30 s. a Steel Chain, value 6 d. 2 Seals, value 2 d. the Movement of a Watch, value 6 d. and a Cotton Handkerchief, value 3 d. from the Person of Daniel Rose , Nov. 25 .
Daniel Rose . Last Tuesday was Sevennight I had been to the Black-Bear in Piccadilly ; and came from thence pretty late, and in Liquor , and before I got Home, I had my Pocket picked of my Watch. I am certain I had it when I left the Black-Bear, for I took it out of my Pocket to see what o'Clock it was, and as to my losing it, the next Witness Mr. Fish can give a
better Account than myself, for I was very much in Liquor.
William Fish . On the 24th of Nov. about 12 o'Clock, I was going Home, and saw the two Prisoners and Daniel Rose . They had got him in a Door-way near Brownlow street in Holbourn . I saw Dutton with the Watch in her Hand Mr. Rose was very much in Liquor, and she bid him good Night, and ran 'cross the Way directly, and bid the other Woman run too. I perceiv'd by that that they had robb'd him of his Watch, so I went up to him, and asked him if he had lost any Thing? He said he had not, but as soon as he had felt in his Pocket, he attempted to pursue the Prisoners, but being very much in Liquor he fell down. Dutton ran up Warwick Court by the White Hart Tavern, and as soon as I had seized her, I asked her for the Watch, and she pulled it out of her Bosom and thrust it to me.
Q. What became of the other Prisoner?
Fish. She did not go away, but staid in the Court. This is the Watch I had of the Prisoner, and before Rose felt for it, he told me the Name on the Dial-Plate. The next Day the Prisoners were carried before Justice Poulson, where Bessier charg'd Dutton with taking the Guts of a Watch , and a Handkerchief from the Prosecutor in Lincoln's Inn-Fields . Dutton could not deny it, and they were fetch'd from her Sister in New Prison, by the Justice's Order.
William Grasing . I was Constable of the Night. The Prisoners were brought to me by Mr. Rose and Mr. Fish, and charg'd with robbing him of a Watch, and the Guts of a Watch besides. Rose was very much fuddled: He had fell in the Kennel, and was so muddy, that he could not see out of his Eyes. When he came to himself, he describ'd the Watch, and I took the Prisoners to New-Prison that Night. The next Morning they were carried before Justice Paulson , where the tall one Dutton desired to be admitted an Evidence; but Bessier charg'd her with taking other Things from the Prosecutor, and she appearing to be the principal Person, the Justice refused to admit her Information.
Dutton. I had been with this young Woman to see her Mother, and coming through Lincoln's Inn-Fields, this Gentleman called after us. His Hat fell off, and I put it on again several Times, and left him. A Man that knew me happen'd to stop me in Holbourn , and the Prosecutor over took me. He put the Watch into my Hand, and in the mean Time Mr. Fish came up, and asked him if he had not lost his Watch? The Prosecutor said, he knew who he had given it to, and it was safe. He pulled his Handkerchief out of his Pocket, and the Guts of a Watch left out with it. I would have given them to him again, but he said they were of no Consequence, and I might keep them.
Bessier. I was coming along with this Woman, and in Lincoln's Inn-Fields we met this Man, and the first Thing she took from him was the Guts of the Watch, and afterwards in Brownlow-street she took the Watch out of his Pocket .
Eliz. Horn. I keep a House, and have a great many good Things in it, and I never knew that she wrong'd me of any Thing.
Dutton Guilty Death . Bessier acquitted .
30, 31. Dominick Fitzgerald , and James Lee , alias Welch , were indicted (with Elizabeth Fitzgerald , and James Derneane , not taken) for that they, after the 24th of June, 1736, viz. September 16th , at St. Bennet Paul's Wharf, feloniously forged, and caused to be made and forged, a certain Paper Instrument, partly printed, and partly written, seal'd, purporting to be the last Will of Peter Perry , with a counterfeit Mark thereto subscrib'd, pretended by them to be the proper Hand-writing of the said Perry, and declared by him in the Name of John Perry , by Mistake , which said Paper Instrument is in the Words following, viz.
In the Name of God, Amen,
First, and principally, I commend my Soul into the Hands of Almighty God, hoping for Remission of my Sins through the Merits of Jesus Christ, my blessed Saviour and Redeemer, and my Body to the Earth or Sea, as it shall please God, and as to such worldly Estate and Effects as I shall at the Time of my Decease be possess'd
of, or entitled to, I give and devise the same as followeth. I give to my dearly beloved Sister Ann Perry , all such Sum or Sums of Money, as now is, or hereafter shall grow, and become due to me for my Service on board the Lancaster Man of War, or any other Ship or Ships whatsoever; And I hereby nominate, constitute and appoint the said Ann Perry , her Heirs and Assigns, sole Executrix of this my last Will and Testament, and all the rest and residue of my Estate whatsoever, both real and personal; and I do declare, this to be my last Will and Testament, hereby revoking all former Will or Wills by me made.
In witness whereof I have hereunto set my Hand and Seal, this 28th, Day of March, 1737 , in the Tenth Year of the Reign of our Sovereign Lord by the Grace of God, &c.
+ His Mark.
With Intent to defraud our said Lord the King, &c.
The Indictment farther charged the Prisoners with publishing the said Will, knowing it to be forg'd and counterfeit.
The Council for the Prosecution set forth, that the Crimes of which the Prisoners stood indicted, were in their own Nature, as destructive of Society, and as Heinons as any Crimes could possibly be. That it was for this Reason, (the Crimes of Forgery and Perjury being so frequent, the Error that flieth by Night, and the secret Transactions by which the Lives and Properties of every Man were in Danger) the Punishment which was extremely mild, was not thought adequate to the Crime, and therefore the Wisdom of the Legislature, thought fit by an Act of this present Majesty, to make this Offence Felony, without Benefit of Clergy.
That this Law was to be in Force for five Years only, but before its Expiration, the good Effects of it were perceived, and it was therefore revived, and made perpetual, by another Act of the 9th of his present Majesty, &c. &c.
The Act of the 2d of the King which made this Offence Felony, and the Act for the reviving and making the same perpetual, were read.
Council. Who brought it?
Mr. Taverner. I can't tell who produced it, but Fitzgerald was present, and the Executrix too. Lee was not there when the Will was first brought; he came to account for the Error in it. I got the Executrix sworn before Doctor Chapman, and then I observed a Mistake of John at the Bottom, instead of Peter, upon which I applied to the Register's Clerk who told me that Error must be accounted for. I then told the Executrix, Ann Kelly , in the Prisoner Dominick's hearing, that she must either produce the Person that wrote the Will, or one that was present at the Execution of it to account for the Mistake. They went away that Time, and the next Day Dominick brought the other Prisoner Lee to me, - I can't tell whether Kelly was present then. I am certain Lee was, for I took particular Notice of him as he came into the Court. He pretended that his Name was Welch , and that he was one of the subscribing Witnesses.
Council. Did he make any Affidavit that Night?
Mr. Taverner. No; he seemed to be in Liquor, and I told him the Thing he came about was of a very serious Nature, therefore I would not draw an Affidavit for a Person in such a Condition. I appointed him to come some other Time, when he was perfectly sober, and I think the next Morning he came, and I took Instructions from him, and had him sworn to it. This is the Affidavit, he swore to it by the Name of Welch, and I have attested it.
Council. Was any Body with him when he came to swear.
Mr. Taverner. The other Prisoner was with him; I took particular Notice of him (Fitzgerald) his Person is so particular, that I can't easily forget him, and he asserted, that it was the Will of Peter Perry .
Council. When they left you, where did you carry the Will and Affidavit?
Mr. Taverner. I delivered them to Mr. Goodwin, in Order to have the Probate filled up.
Goodwin. These are the same that I had
from Mr. Taverner, and they are in the same Condition now, except this Tear on the Back.
The Will was read.
Council. Read the Affidavit,
It was read.
'' This Day appeared personally, James '' Welch, of St. George, Bloomsbury, Linnen draper, '' aged about 50 Years, and alledges, that '' he has been well acquainted with Peter Perry , '' late of his Majesty's Ship the Lancaster, '' Widower, for about 25 Years, to the Time '' he enter'd on board the said Ship, &c. and '' farther deposes, that he, (this Deponent) did '' write and fill up all the Blanks , and is one '' of the subscribing Witnesses to the said Will '' of Peter Perry , beginning thus, In the Name '' of God Amen , and ending thus, John Perry , his '' Mark; and that the said Perry did make his '' Mark, and deliver the same, and that he the '' said Deponent, did by Mistake write the Name '' of John Perry , but that the said Deceased's '' is Peter Perry .
Council . Are you sure that the Prisoner Lee is the Person who swore this by the Name of Welch?
Mr. Taverner. Yes, the fat Person (Lee) is the Man.
Doctor Chapman. I am the proper Person to grant Probates, and I remember granting one to this Will; - here is my Hand to it.
Council. Do you remember the Person that swore that Affidavit?
Dr. Chapman. No, I can't say that I do.
Council. Where was this transacted?
Dr. Chapman. In my Chambers at Doctors-Commons, in the Parish of St. Benedict.
The Probate was read.
Prisoner Lee. Ask Mr. Taverner what Condition I was in when this was made?
Mr. Taverner When he came first, he behaved as if he had been drinking ; his Eyes looked heavy, and he talk'd as People usually do under such Circumstances, but when he came the next Day to be sworn, he was perfectly Sober.
Lee. I was as crazy and as lunatic as any Thing could be, and I knew no more what I was doing, thin the Child that is unborn .
Christopher Ecklin . The thin Man in the Bar is Fitzgerald, the fat one is Lee. About the Middle of September last, the two Prisoners, Fitzgerald's reputed Wife, James Dernean , James Broughton , and John Parrel , came to my House. We had a good deal of Discourse about going to the Navy-Office, and they asked me to go with them. I told them, I had some Business with my Coal-Man at Billingsgate, and would walk so far with them. At their Desire I went with them as far as Tower Hill, and they attempted to go into the Ship, but there being some Company there, we came out again. We then went to the Tyger : that House was full of Soldiers, and therefore we adjourned from thence to the Three Crowns in Thames-street. We call'd for a Pot of Beer, and then Lee said to Fitzgerald, Dominick! you know what we come about! why don't you do that Thing? So I will, said Fitzgerald; upon which he took a Paper out of his Pocket , which I found to be a blank Sailor's Will. He filled up the Spaces, and made the Mark, and then James Lee signed it in the Name of Welch, and James Dernean did the like in the Name of John Rogers .
Counc Is that the same Will as you saw Fitzgerald fill up?
Ecklin. I am in a manner very sure of it, for in rubbing it to make it look old and dirty, they tore it here before they carried it to Mr. Taverner's; besides Fitzgerald said to me, Come Mr. Ecklin, won't you be a Witness to this Will? Why, (said Lee) you may as well, for we received Money but last Week on such an Account as this; no Body can be a Sufferer, for this Money goes to the Chatham Chest , and the King never pays twice. I desired to be excused, and then Fitzgerald said, I am but a poor Man, and there is a good deal of Wages due to this Man, and if I knew that any Body would discover, I'd run a Knife into him.
Counc. Was Fitzgerald's Wife there?
Fitzgerald. How long has he known me?
Ecklin. I had not been intimate with him till a Fortnight before this.
Lee. How long has he known me?
Ecklin. About 6 or 8 Months.
Lee. Ask him if I signed the Will?
Fitzgerald. I should be glad to know what Manner of a House he keeps.
Bentham. He belonged to the Ship Lancaster, and at the Time of his Decease there were 42 l.
16 s. due to him. There was a Ticket made out for the Payment of it, and it was transmitted by the Officers of the Ship to the Navy-Office.
Counc. After this Ticket was made out, was it delivered to any Person?
Lee. This Peter Perry I knew very well, and I had formerly made a Will for him, and sign'd it John Perry by Mistake. That Will was lost, and they have trump'd up this Will, and brought me to make an Affidavit, thinking it was the real one. I knew I had made such a Will, and I thought this had been the same, and they threaten'd to have my Life, and tear me to Pieces if I would not make an Affidavit of it. As for the Name of Welch, I was in Debt, and therefore was sometimes obliged to conceal my true Name.
Both Guilty , Death .
32, 33. Margaret Watson and Elizabeth Dogget , alias Lyons , of St. Giles's in the Fields , were indicted, Watson for privately stealing a Silver Watch, value 3 l. from the Person of William Head , and Dogget for receiving it, knowing it to be stolen , Oct. 33.
Wm Head . On Friday the 30th of October , I had been to several Places, and returning Home, I saw the Prisoner Mrs. Watson near Drury Lane, crying, and leaning her Head against a Post. She telling me that her Child had net eat a Bit of Bread that Day, I put my Hand in my Pocket, and offered her a Penny. She refused it, and said, that would hardly make her drink, but she had an Apartment hard by, and desired me to go with her. At her Request I went with her into a House in Holford's Alley , Dogget's , I think they call it. She took me into a little Room and called for a Dram, and then she wanted me to give her a Present. I refused, upon which she knocked with her Heel, and somebody below cry'd, Above! D - n you, above. Immediately I missed my Watch, and the Prisoner left me, and I being afraid of my Life, stole down Stairs as if I had been a Thief myself. The Prisoners were taken afterwards, and Watson confessed to me at Mr. Rice's in Vinegar-Yard , that she took the Watch from me, and gave it to the other Prisoner before she got off the Stairs, and that she was to have 5 s. Poundage for pawning it.
Pris. Watson. Ask him whether an old Woman did not go into the Room to take the Candle away?
Watson. He pulled off his Hat when he went away, and I never saw him till the Wednesday following .
Court. Was you sober?
Head. No, I was not.
Prudence Rice . I keep the Cheshire Cheese in Vinegar-Yard. One Friday Night after 10 o' Clock , - I can't tell the Day of the Month, Mr. Head came to my House very melancholy, and complained that he had lost his Watch. He said at our House all Night, and the next Day he went to find out the House. They say one Lyons keep it, and one Cordelia Taylor , who uses the House, brought the Prisoner Watson to us. Mr. Head immediately took hold of her, and charg'd her with robbing him. She denied it a little at first, but afterwards she own'd she took the Watch, and that she gave it to Bess Dogget upon the Stairs. Accordingly she sent for Dogget , and she denied she had it; but Watson wrung her Hands and cried and begg'd of her to let Mr. Head have it again, and notwithstanding all that she refused. Then they were carried before the Justice, and just as they were going to be committed, Dogget said, we might send to the Parliament House in the Strand for it; but no Body would go for it, and so they were sent to Prison. They were afterwards brought up for further Examination, and then Dogget own'd that she had the Watch, and that she was to have a Crown Poundage out of it.
Q to Head. When did you first miss your Watch?
Head. While I was in the Room with her, I look'd at my Watch to see what it was o'Clock, and I told her I must be at the Fountain in Cheapside before 10. She said I might do any Thing with her, but I refused to have any Thing to say to her.
Dogget. Did he see her give me the Watch, or did I bring in any Liquor?
Dogget. I have nothing to say, for I, never saw the Watch, nor ever serv'd them a Drop of Liquor.
Jury to Head. Was any Body else in the Room with you but Watson?
Watson Guilty , Death , Dogget Guilty .
Darling Guilty . Hymer acquitted .
40. of - , was indicted for that he not having God before his Eyes, &c. on the 23d of Sept. on John Herne , feloniously, &c. did make an Assault, and that Christopher Shotton on the Head, Back, Breast, Belly, and Ribs of the said Herne, did strike and beat, giving him several mortal Bruises, of which from the said 23d of Sept. to the 14th of Oct. he languish'd and then died, and that the Prisoner was present, aiding and abetting, &c. the said Shotton the said Murder to commit, &c.
He was a second Time charg'd by Vertue of the Coroner's Inquisition for Manslaughter.
Charles Pelton . On the 23d of Sept. last, there was a Cricket-Match at Staines Moor , between the Men of Staines and Brentford. I saw the Prisoner pulling Herne among the Croud, and I saw Shotton strike him twice, while he had hold of him. The Deceased was presently taken ill, and after that, I saw him no more.
Q. Did the Deceased engage in the Play after this ?
Pelton . Yes, he play'd till he was bowl'd out, and whether he ran once or twice I can't tell.
Q. For what Reason do you think the Prisoner took hold of the Deceased?
Pelton . I took it to be to get him in to play. - I saw nothing more done by the Prisoner.
Thomas Herne . I saw the Prisoner take hold of my Brother's Collar, and pull him to force him to o la . In the forcing he chuck'd him on the Throat, and I saw Shotton strike him two or three Blows on the Breast, and it is my Opinion they were the Death of him. He lived but Weeks afterwards, and always complain'd of his Stomach and Throat.
Q. Was any Thing said to your Brother before the Prisoner laid hold of him ?
Herne. I did not hear him asked to play before by any Body: the laying hold was the first that I saw.
Q. Did he complain while he was playing, that he was any way affected by those Blows?
Q. When the Prisoner laid hold of him, did he do it to help off his Coat?
Herne. No, to pull him in to play.
A Witness. I saw the Prisoner take hold of this Man by the Coat, in order to carry him up to the Wicket to play. Shotton hit him 2 Blows, one over the Prisoner's Arm, and one under it.
Q. Did he complain of any Injury afterwards?
Witness. He said, he believ'd those Rogues had given him his Death. I saw nothing done by the Prisoner but the laying hold of his Collar to make him play.
Q. Did he play long after this?
Witness. He got one Notch according to the Rule of the Play.
John Allen . I saw John Herne the next Day: he told me that the Prisoner took him by the Collar to lead him to the Wicket, and that Shotton gave him some Blows on the Breast. He complained that his Breast and his Throat were very sore, and said, that the Prisoner in pulling him along chuck'd his Throat so that he could not tell how to swallow any Thing. He lived about 3 Weeks afterwards, and always complained of the Blow.
William Banks . The Morning after the Cricket-Match I went down to John Herne 's Boat and called him. He answer'd me in a very low Voice, and said he had been used so barbarously at the Cricket-Match, that he was murder'd. He went with me to my House, and my Servant drew him some Beer , but he could not drink it. He said he knew one of the Persons that had used him ill, and mention'd the Prisoner's Name.
Prisoner. Did not the Deceased lie in his Boat all Night?
Banks. Yes, I believe he did, and it is as common for them to lie in their Boats , as for us to lie in our Beds.
Pris. Q. Can you tell where he had been before he went to his Boat?
Banks . At the Three Pidgeons .
Ann Foster . I was Nurse to him in his Illness. He had a violent Fever and Convulsions, and all his Complaint was of his left Side, so that he could not lie upon it . I used to ask him his Complaint, and he said, those Rognes that beat one have killed me , and hang them, hang them: These were his Words. I saw him open'd, and he was all black on the Heart, and one of his Ribs was broke, but the Surgeon can give a better Account of that than I can.
Joseph Smith . I stood Umpter (Umpire) at the Wicket, and there was a Sort of a Demur about a Man's coming in. I saw the Prisoner bring him along by the Collar, and I saw Shotton strike him a Blow. He seem'd to be unwilling to go in to play, and said he would go in next.
C. What had the Prisoner and Shotton to do in this?
Smith. Nothing at all except they laid any Betts. The Deceased did go in and ran one Notch, and was out at the same End as I stood at. He said he was very ill, and wish'd he was at Home, but I did not hear him make any particular Complaint.
Pris. Q. Did you hear any Thing but what was civil done or said by me?
Smith. No, if there had I must have seen it, and I can't say that he used him ill any otherwise than bringing him along to play.
Mr. Dudhill, Surgeon. On the 18th of Nov. last I was sent for to view the Body of the Deceased on the Coroner's Inquest. I found an external Contusion on the Skin, about 8 Inches Diameter, which extended to the left Hypocondriack. Upon opening the Body I found the Cartilage of the eighth Rib on the left Side broken: in the left Cavity of the Thorax, I found between 15 or 20 Ounces of extravasated Blood, and the back part of the Lungs on that same Side were vastly inflam'd. Then I examin'd the right Cavity of the Thorax, and found 4 or 5 Ounces of Blood, and the Colon and the interior Parts of the Stomach were gangreen'd.
Council. How do you apprehend that to be done?
Mr. Dudhill . By the Blows I should imagine, and certainly they were the Cause of his Death, for otherwise he was found.
C. How long did you see him after he was dead?
Mr. Dudhill. He died on the Wednesday, and I opened him on the Monday.
C. Do you think that any Fever was the Occasion of this Disorder?
Mr. Dudhill . That has not yet come to my Knowledge: my Opinion is, that it proceeded from these Bruises and Blows.
Pris. Q. Is it not common in a malignant Fever to have Part of the Stomach inflamed?
Mr. Dudhill. I have never seen it.
Pris. Q. Might not that Rib be broke by a Fall?
Mr. Dudhill. Yes, to be sure it might.
C. Was there any Appearance of Blackness upon the Place where the Rib was broke?
Mr. Dudhill. Yes, about eight Inches Diameter.
Q. If any Person receives a Blow, will the Cartilage, or the Rib break first?
Mr. Dudhill. The Cartilage would break sooner than the Rib.
I think it was on the 23d of September, I heard there was to be a Cricket-Match between the Towns of Brentford , and Staines . I happened to have a Friend come in to dine with me, and therefore I thought we might after Dinner divert ourselves in seeing this Cricket-Match. They played very easy and quiet till the latter Part of the Game, when there were two Men to go in on the Brentford Side, and neither of those Men would go in; so a great Uproar began. The Deceased's Coat was unbutton'd, and I took hold of his Coat very inoffensively, as I thought, and desired him to go in. He d - 'd me, and asked me, what it was to me; upon which, I told him, if he did not play, it should be worse for him, for I would stand by the other Men, and see them righted, if it cost me 20 l. He lifted up his Hand, and I thought he had been going to strike me, and so I left him, and saw him no more.
Richard Johnson . I was sitting on a Bench smoaking a Pipe just by the Prisoner, and saw him take hold of the Deceased. He told him, if he would not go in, he would Sue him if it cost him 20 l. I never saw the Prisoner attempt to strike him, neither did Shotton meddle with him while the Prisoner had hold of him.
Q Did the Man play afterwards?
Johnson. Yes, very well. The Prisoner was in as good a Humour as could be, and talked to him as one Neighbour does to another.
William Slaughter . I was on Horseback on a pretty bighish Horse, and the Deceased was talk'd off to go in, but seemed unwilling. The Prisoner took hold of his Cloaths, and bid him go in and play a fair Game, or else he would
assist the Staines Men in getting the Money. At last he did go in, and play'd very well 'till he was bowl'd out. There was nothing done to hurt him that I saw, and the Prisoner's Hand was never higher than his Breast. He afterwards leap'd and skip'd about, and I don't know whether he was not the most active Man of the two and twenty. I have been acquainted with the Prisoner above 20 Years, and have played many a Game at Cricket with him, but I have done with it now.
William Saunders . I was one of the Gamesters, and stood just by. The Deceased was to have gone in the Time before he did, but another would go in before him, and when his Turn came, he refused, so the Prisoner took hold of him, and after he had loosed him, Shotton struck him and went out of the Ring.
Edward Haysler , junior. I was one of the Gamesters, and was there all the Time. I saw the Prisoner take hold of the Deceased, and heard him say, if he did not go in, he should lose the Money if it cost him 20 l. The Deceased seemed to be uneasy, and shuffled from the Prisoner, and was going away; and then Kitt Shotton gave him a push and desired him to go in.
Council. You call it a push, did not you see Shotton give him three or four Blows with his Fist?
Haysler. No, I did not.
Counc. Do you think that Push could break his Ribs?
Haysler No, nor hurt him neither .
Edward Haysler , senior. I was in a one horse Chaise, and saw the Prisoner pull the Man along to make him go in. The Deceased got loose from him, and the Prisoner went back to his Seat, and Blows I saw none.
Q. How was the Game plaid out?
Haysler. There were about thirteen Minutes for them to play, and this Man went in and looked as sprightly as could be, and if there had been any Blows or Fighting, I must have seen it.
Dr. Merrick. I attended the Deceased, and found him in very strong Symptoms of a malignant Fever, which is sufficient to kill any Man without Bruises. I viewed his Body in his Life-time, and saw no Blackness upon it. Mr. Dudhill apprehended there was some Mischief about his Ribs, upon which I looked at them, and observed one Cartilage to stand hither than the rest, but I did not venture to press hard enough upon it, to see whether it was broken or not.
Q. Did he make any Complaints to you?
Dr. Merrick. He was rather too low to make any ; what Questions I asked about his Disorder, were rather answered by the People about him.
45. Thomas Cooper , was indicted for stealing 50 Guineas, a 3 l. 12 s. Piece, a Dutch Piece of Gold, Value 10 s. and a Gold Ring, Value 18 s. the Goods and Money of Elizabeth Grimes , in her dwelling House , October 25th .
Guilty 39 s.
54. Thomas Norris , was indicted, for that he, not having God before his Eyes, &c. on Elizabeth Coy , within the Age of ten Years , did make an Assault, and her did ravish, and carnally know, and wickedly abuse, against the Form of the Statute, &c . Oct. 8th .
Elizabeth Morin deposed, That she kept a Public House in Cross Lane, Holborn . That the Aunt of Elizabeth Coy , being her Landlady, let the Child live with her to assist her in her Business, and that the Prisoner was employed to white-wash the House. That the Morning this Fact was supposed to be committed, she sent the Child up into her Chamber, the Prisoner being then at Work in an adjacent Room. That soon afterwards, the Child complained of being ill, and upon being examin'd, said, that the Prisoner had done her this Injury, and would have given her a Half-penny to conceal it from her Aunt.
Mary Coy deposed, That she finding the Girl's Linnen out of Order, examin'd her about it: That at first she denied that any Person had meddled with her; but on this Witness's threatning to beat her, she owned that the Prisoner had taken her into the Room, and laid her on the Board on which he stood to work, and there abused her.
Mr. Welch, Surgeon, who was sent for to view the Girl, gave a particular Account of the Condition he found her in, &c. and farther said, that she gave the same account of the Fact when before the Justice as she had done to the other Witnesses. This Witness being asked on Behalf of the Prisoner, whether it was possible for an Offence of this Kind to be committed on a Board, supported only by a Pail and a Ladder, or Trussel , as this was supposed to be, answered, that unless such Board were firmly supported, it was scarcely possible.
Elizabeth Coy , nine Years old last April, deposed, that being sent up into Mrs. Morin's Room, the Prisoner called her to him, and laid her on the Board, on which he was at work, &c. afterwards offered her a Half-penny, which she refusing, he said, Take it Hussey, and tell your Ann if you dare! This Witness, in Answer to a Question ask'd on Behalf of the Prisoner, said, that Thomas Cleaver , a Person who attended the Prisoner in his Business, was at the Time of the Commission of this Fact, heating Size at the Fire below Stairs, and was not within hearing.
Thomas Cleaver deposed, That he work'd under the Prisoner as a Labourer when he was employed at Morin's, and that he was constantly with him, except at particular Times when he used to heat Size for carrying on the Work. That he had known him 5 Years, and never heard but that he was a downright honest Man.
Mr. Jewel, Surgeon, deposed, That he was sent by the Prisoner to inspect the Child, but was denied seeing her. That it was his Opinion, it was impossible a Child of such tender Year, could be thus abused without hurting her extremely , in Consequence of which she could not help crying out.
Guilty 10 d .
Guilty 10 d .
Guilty 10 d .
Mr. Cooper. On the 29th of October, about three in the Afternoon , coming down Ludgate-Hill, between Mr. Ashley's Door and the Rainbow Coffee-house, I was attacked by the Prisoner and 3 or 4 more. They jostled and pushed me backwards and forwards, and at last pushed my Servant from me. Then they held up my Arms, and that very Man at the Bar ran at me, in Order to take my Watch from me. He got hold of the Chain, and with the first pull he broke one of the Links of it , upon which I spoke to him, but notwithstanding that, he pull'd a second Time , and then got it , and I saw it in his Hand. He was taken presently and carried to the Watch house, and from thence to Bridewell, and before I could see him, he had chang'd his Dress.
John Hall. On Lord-Mayor's Day, I was walking in Procession with the Haberdasher's Company, and just as we came to Mr. Ashley's Punch-House, I heard an Out-cry of a Pick-pocket. I saw the Prisoner stooping under the Pole of a Coach , and this Watch thrown under the Horses Legs. I took up the Watch and carried it into Mr. Ashley's, where Mr. Cooper describing it , I gave it him, and I believe it has been in his Possession ever since.
John Blay . I was standing over-against Mr. Ashley's to see the Armourer's Company go by, and heard some People cry, Stop Thief! Immediately the Prisoner try'd to push under the Pole of a Hackney Coach; I took hold of his Collar, and he made great Resistance , but a Soldier coming to my Assistance we secured him, and carried him to the Watch house.
Mr. Ashley confirm'd Part of Mr. Hall's Evidence.
Pris. Last Lord-Mayor's Day I happened to be upon Ludgate-Hill, and about 5 Minutes after the Man on Horseback was gone by, there was a Cry of Stop Thief! Presently a Man rushed by me, and that Man (Blay) said he would lay hold of me.
Jury. Does he keep a Shop?
Prisoner. No, I am a running Poulterer .
Guilty, Single Felony .
Samuel West , Nov. 16 . Both acquitted .
Thomas Bigee . I am a Waterman by my Business . On the 16th of October, I had been out all Day with a Fare, and made it very late at Night before I landed them at Westminster, and being late I got a Coach for them, and they left me. After this, as I was walking along to Hungerford, this Woman met me, and said, How do you do Brother Waterman? I told her I did not know her: why says she, I have seen you often enough at Westminster. She asked me to make her drink; I told her I did not care if I did; and she told me there was an Acquaintance of her's just by, where we could have a Glass of good Wine. I said Wine was too dear for Watermen; but however she carried me as far as the Hay-market, and we went into a Room, and called for a Pint of Wine. She sat down on one Chair and I on another, and when we had drank out that Pint, I was for going, but by her Persuasions I called for another. I being tir'd with sitting up so long, sat down on the Bed, and I suppose she thought I was asleep, for I had not been there 5 Minutes before she made bold to take the Handkerchief off my Neck. I had a Mind to see what she would do with me, and therefore I lay still; but presently she put her Hand in my Pocket to feel for my Money. Then I thought it Time to get up, and said I, you fancy impudent W - e, can't you be content to take my Handkerchief , and not my Money? D - your Eyes, said she, did I take your Handkerchief? that was the next Word: why I saw you, said I; D - you, said she, I took none; that was the next Word. I took 3 s. out of my Pocket, (for I had Money in both) and laid it on the Table, but her Hands were quicker than mine, and she took that too. I took hold of her, and tore her Apron out of the Gathers, and then she said she would swear her Life against me. I would not make any Disturbance in the Room, so I deliver'd her to a Watchman, and he said he knew her to be a Whore and a Thief from her Cradle, that was the next Word. They put her down the dark Hold, and took my Word till next Morning, and then we went to the Justice's, where she pull'd out 3 s one of them was Queen Ann's Shilling, and she d - d me and said, she would be merry with that. As soon as she came out of the Justice's, she shew'd her white Stockings , and said, do you think these white Stockings can walk to the Gatehouse? No, D - you, I will have a Coach; and so because she should not plague us, I gave them a Shilling to get Madam a Coach.
Pris. If he found me taking his Handkerchief, why did he not take bold of me?
Bigee. Because I had a Mind to lie a little longer, to see what she would do with me, for I did not know whether she would not take all my Cloaths off .
John Gaywood . I was before the Justice with her, and she denied taking the Handkerchief , but when she came out of the House she put her Hands under her Coats in this Manner, and said, Here you Blackguard, here is your Handkerchief, and I'll carry it to Goal with me to keep my Head warm.
The Prisoner having nothing material to offer in her Defence, nor any Witnesses to call, the Jury found her Guilty .
The Prosecutor not appearing, the Prisoner was acquitted .
Thomas Slocomb . On the 5th of Sept. about 7 or 8 o'Clock at Night, I was coming along by the Fleet Market, and the Prisoner came up to me, and asked me to give her Part of a Pint of Beer. I asked her what I should get by that? but however she led me into some back Streets, and took me into a House in a narrow Passage, where I had not been 3 Minutes before I missed my Watch. Immediately the Prisoner ran down Stairs: I caught hold of her, but missed my hold, and then a little Girl came up Stairs, and asked me what was the Matter? I told her I had lost my Watch, upon which she took me
down a different Way to a Public House, pretending to help me to the Prisoner. She went in herself and bid me stay at the Door till she came out again; and I thinking she staid long, went in to enquire for her, but she was gone. After this I went up and down, and happen'd to hear a strange Girl say that Lucretia Devine had stole a Gold Watch, so I desir'd her to shew me where she lived, and she accordingly carried me to the Prisoner. I was by myself then, and therefore was afraid to apprehend the Prisoner; but on Admiral Vernon's Birth Day, I took her, and while I went to get a Constable she made her Escape, and I could hear nothing of her till last Monday .
Prisoner. I do live at the House to be sure, but it was short arm'd Joice that picked him up .
Thomas Williams . About 10 or 12 Weeks ago, I met the Prisoner in Cheapside. She ask'd me to give her a Pint of Beer, and we had some Discourse about this Watch, and while we were talking, Short arm'd Joice came in and said, What signifies your talking? I committed the Robbery!
Robert Lucas . I happen'd to go into the House where the Prosecutor and the Prisoner were , and I heard him say she was not the Person that pick'd his Pocket , and that he had no Design to Prosecute her , only to put her in a little Fear and Terror .
Sarah Guilty 10 d . Mary Guilty .
Guilty single Felony .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of DEATH, 11.
To be WHIPPED, 8.
TRANSPORTATION for 7 Years, 29.
Elizabeth Jackson , Joseph Holdsworth , Richard Whitehead , John Lilliston , Ann Stedman , Isabella Sadler, John Hominy , John Freeman , William Johnson , Thomas Redhead , S - G - - Ann Darling , Robert Blewit , Thomas Cooper , Elizabeth Windsor , John Hepworth , Thomas Mansfield , James Cullimore , Samuel Jefferies , James Barret , Sarah Jones , Hannah Rossiter , Mary Perry , Ann Chambers , William Franklin , Charles Henshaw , Elizabeth Tipton , Thomas Hewit , and H - W -
TRANSPORTATION for 14 Years, 4.