FRIDAY the 15th, SATURDAY the 16th, MONDAY the 18th, and TUESDAY the 19th of JANUARY,
In the 15th Year of His MAJESTY's Reign,
NUMBER II. for the YEAR 1742.
BEING THE Second SESSIONS in the MAYORALTY OF THE
Printed and Sold by T. PAYNE, in Bishopsgate-Street, near the South-Sea-House. M,DCC.XLII.
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 PARKER; Mr. Justice WRIGHT, Mr. Baron ABNEY ; Sir JOHN STRANGE , Kt. Recorder, Mr. Serjeant URLIN, Deputy-Recorder, and others his Majesty's Justices of Oyer and Terminer for the City of London , and Justices of Goal Delivery of Newgate, holden for the said City and County of Middlesex.
1, 2. William Brown and Moses Davis , of St. Paul Covent Garden , were indicted for stealing 30 Tame Pheasants, of the Value of 3 l. the Property of John Crew the younger, Esq ; knowing them to be tame , Nov. 19 .
John Hill. Moses Davis told me, that upon the 15th of Dec. at Night, himself and his Partner William Brown , stole 15 Brace of Pheasants belonging to Mr. Crew; and that he held the Bag while Brown put them in. He likewise informed me, that when they got a little Way from Mr. Crew's House they killed 21, and the rest they brought to Town alive.
Q. Did they tell you from whence they took them?
Mr. Hill. They said they took them out of Mr. Crew's Pens in the Garden.
Q. Where did Mr. Crew keep these Pheasants?
Mr. Hill. I am his Servant, and we have Pens made for them in the Garden, which are about the Compass of this Court.
Pris. Davis. Did he ever see me about the Place, or ever hear an ill Character of me before?
Mr. Hill. No.
Holt Crowther . Mr. Crew's Servant (Hill) informing me that his Master had been robb'd of some Pheasants, we agreed together to go to Mr. Deveil and ask his Advice. He directed us to the Gatehouse to enquire for Moses Davis : We accordingly went thither, and Davis was brought down to us, and he acknowledg'd that himself and Brown were concern'd in this Fact.
Q. Did he mention Mr. Crew's Name?
Crowther. I mention'd that Mr. Crew had lost 15 Brace of Pheasants from Farnham-Royal , and he then owned that himself and Brown took them out of the Pens, and that he held the Bag while Brown put them into it. He likewise said, that he went that Way some Time ago, and heard the Cock Pheasants crow, which brought him to the Pens now. That he brought 9 only out of the 30 alive to Town, and had fed them with Bread and Meat at the Cart and Horse in St. Giles's.
Thomas Green. On the 16th of Dec. the two Prisoners came to my Master, Mr. Lipscomb's Shop in St. James's Market, and offer'd 6 Pheasants for Sale. I had before this seen an Advertisement of some Pheasants that had been lost, upon which I charg'd a Constable with them, and carried them before Mr. Deveil, who committed them to the Gatehouse for farther Examination.
Green. To the best of my Knowledge it was the tall Man in the Wig, that is Brown, and he told me he bred them himself. I imagined at first that these were the Earl of Essex's Pheasants, therefore I went to his Lordship's House, but he not being at Home, we took the Pheasant-Keeper with us, and went directly before Mr. Deveil, and before we got there, Brown contradicted what he had told me, and said he bought the Pheasants on the Road.
Q When Brown was before Mr. Deveil did he confess any Thing?
Green. Not that I heard. Davis confessed that he stole them, and said they were not my Lord Essex's, but Mr. Crew's.
Q. Was you present when Davis was before the Justice?
Morris. I was there Part of the Time, but did not hear him confess any Thing.
Mr. Hill. The Confession which I speak of was not before Mr. Deveil, but at the Gatehouse, and he repeated the same next Day before Mr. Deveil.
Joshua Brogdon . When the 2 Prisoners were brought before the Colonel the second Time, my Lord Essex was present, and Davis began to tell the whole Truth, and desired to be admitted an Evidence. Brown then desir'd that he might, and each of them seem'd to be in a great Hurry to speak, but when Brown perceived that neither of them would be admitted to give Evidence, he said to Davis, now you have begun tell the whole Truth. Then Davis describ'd the Walk to Farnham-Royal , and confessed that himself and Brown stole about 15 Brace of Pheasants from Mr. Crew's Pens.
Q. Did Brown confess any Thing?
Mr. Brogdon. Yes, he own'd that he was present when Davis took the Pheasants.
Q Were there any Menaces or Threats made Use of to induce them to make this Confession?
Mr. Brogdon. No, none at all, when they were first before Mr. Deveil, Davis was asked, whether he was willing to be an Evidence, and he refused.
Pris. Davis. Did he not hear us called Deer-stealers ?
Mr. Brogdon. There was no such Word mention'd .
Mr. Deveil. When these 2 Persons were first brought before me, Davis desir'd to speak with me in private, and then began to tell me of this Robbery at Farnham-Royal. I told him, if he would be an Evidence concerning my Lord Essex's Pheasants, I would on Account of his Family admit him to be one; but he absolutely denied that he knew any Thing of that Robbery; upon which I committed him to the Gatehouse. A Day or two afterwards there came full Evidence of both Robberies, and I then had the Prisoners again before me. Davis then confessed Mr. Crew's Robbery, and describ'd the Place in such a manner, that it was known to be Farnham Royal, and discover'd the Poulterers where the Pheasants were sold.
The Prisoners in their Defence attempted to prove their buying the Pheasants on the Road, but it not being done to the Satisfaction of the Jury, they were both found Guilty .
The Prisoners were convicted on this Indictment likewise, and accordingly receiv'd Sentence of Transportation for 7 Years .
4, 5. Thomas Pinks , and Stephen Jenkins , were indicted for assaulting Francis Simmonds on the King's Highway, in the Parish of St. Leonard Shoreditch, putting him in Fear, &c. and taking from him 36 Fowls, val. 2 l. 10 s. a Sack, val. 1 s. - a pair of hawking Bags, val. 9 d, a Knife, val. 2 d, and 1 s. 3 d, the Goods and Money of the said Simmonds; and a Guinea and 3 l. the Money of Persons unknown, Dec. 1st ,
Francis Simmonds . I am a Higler . About six Weeks ago I was coming to Town with a parcel of Fowls, and within a quarter of a Mile of Shoreditch, I was attack'd by the two Prisoners at the Bar. Pinks knock'd me off my Horse, and led him to a Ditch, and then search'd my Pockets. I am certain they are the Men, for the little one (Jenkins) beat me several Times over the Head with his Fist and Pistol. They took from me 4 l. in Money, (which was all in Silver except a Guinea;) and that I brought up to Town to pay away for a Person that deals with me. I likewise lost 15 d. of my own Money, four dozen of Fowls
Pris. Pinks. He says he was robb'd 6 Weeks ago, and it is 8 Weeks since he accused us of the Robbery .
Simmonds. I can't tell the Time exactly: I was so much abused, that I have not been myself since .
John Haine , Constable . When Pinks was first taken into Custody, I found upon him about 27 s. in Silver and some Half-pence . I asked him how he came by it, and he said he had sav'd it out of his Labour. I told him, if it was so, he had no Reason for making me come after him so often for Money for the Watch. I look'd upon the Money, and found a very remarkable half Crown, which I told him I would keep and shew to the Justice: I happen'd at that Time to be busie , and sent for two of my Headboroughs, and gave the Money to Mr. Edwards, who has kept it in his Custody ever since.
Richard Edwards . I being Headborough, search'd Pinks's House for some Fowls that were lost . When I came in, I found Pink's at Dinner with four Fowls on the Table ready dress'd. I took them before the Justice, but there being no body that could swear to the Fowls, the Prisoners were discharg'd. The Justice took an Inventory of the Things, and the Tuesday following, the old Man (Simmonds) came to Town and swore to the Money. The Prisoners then absconded for eight Days, and when they came up to Town again I took them. This is the half Crown that Mr. Haine deliver'd to me.
Haine. This half Crown I took out of Pinks's Pocket , and deliver'd it to Mr. Edwards.
Simmonds. I had this half Crown in my Pocket when I was robb'd; there is a cut on the Head that I know it by.
Pinks. Ask the Prosecutor how long he had this Money in his Custody?
Simmonds. I have had it 5 or 6 Weeks off and on.
Q. When did you receive this Money to bring to Town?
Simmonds. I was robb'd on the Monday Night, and I receiv'd the Money on the Saturday before. This half Crown I had receiv'd several Times, and it has been refus'd, because it was not good, and I put it into my Pocket then to make up my Money.
Pris. Jenkins . I am innocent of the Matter; and it is my Opinion that I was a bed and a sleep when the Robbery was committed.
Both Guilty , Death ,
6. Richard Harvey , was indicted for stealing 15 glass Salts , val. 10 s. a glass Candlestick, val. 1 s. a glass Crewit , val. 1 s. a glass Castor tipp'd with Brass, val. 1 s. and several other Things , the Goods of John Betts , in his dwelling House , Dec. 19 , And,
Henry Longmore . We lost a silver Dish from my Lord Fitzwalter's in Pall-Mall , and we had some suspicion that the Prisoner had taken it away: upon which Mr. Jervis and I went down to Gravesend in pursuit of him; and we found him on Board a Ship there, and brought the Dish away with us. This was on the Friday, and on the Monday following I went again to Gravesend , and apprehended the Prisoner.
Morris Roberts . I am Cook to my Lord Fitzwalter; on the 26th, of Dec. the Prisoner came to my Lord's House to see a Relation of his who was employ'd to Work there, and on the Monday following we miss'd the Dish. We had very great Reason to suspect that he had taken it; upon which Mr. Longmore and Mr. Jervis went to Gravesend after him, and when the Prisoner was brought to my Lord's House, I ask'd him how he could do such Things? he reply'd, he was very sorry, and wish'd the Dish had been in the House an hundred Times after he had taken it out. He likewise own'd that he himself scrap'd the Coat of Arms out of the Dish, but denied that he cut it into Pieces.
Pris. I did not take the Arms out of the Dish, nor cut it to Pieces; one of my Shipmates did.
John Jervis . On the first of this Month, at the Desire of my Lord Fitzwalter, I went down to Gravesend with Mr. Longmore, in Pursuit of the Prisoner. It seems he had told somebody that he belonged to the Defence, Capt. Coates, upon which we examined there, and could not find him; but we were directed to go on board the Augustus , Capt. Townshend Accordingly I went on Board the Augustus , and told the Mate that I came to enquire for a Silver Dish that had been lost, therefore desir'd to have the Prisoner's Chest upon the Quarter-deck, that I might search for it; but instead of that, the Mate brought up the Dish, cut into four Pieces as it is here.
Q. Had you any Conversation with the Prisoner ?
Jervis. On the Quarter-deck I asked him, how he could rob my Lord, where his Aunt lived, and he said, his Aunt at Knightsbridge gave him the Dish, and as I was going over the Gangway, I told him, if he could prove it was not my Lord's
Wm Saunders . I was sent down to Gravesend with my Lord Fitzwalter's Butler to fetch the Prisoner. He was brought ashore to us , and we put him into Gravesend Goal , and as we were putting on his Hand-cuffs, he cried, and wished the Dish was as safe in the House, as it was when he took it out
Ann Morgan . One of the Silver Dishes stood upon the Dresser in my Lord's House the same Night this was done, which was the 26th of December. The Prisoner took it by the Edge, gave it a little Turn, and said, the Pewter look'd very well, but I did not see him take it away.
Prisoner. I did not take the Dish off the Dresser; I was coming up Stairs, and seeing it lye down, I happened to take it up.
Guilty Felony .
The Prosecutor not appearing, the Prisoner was acquitted .
12. Eleanor Brown , of St. Mildred in the Poultry , was indicted for assaulting Susannah Nichols , in a certain Street, putting her in Fear, &c. and taking from her a green Silk Purse, value 1 d. a Steel Seal, value 4 d. and 16 s. in Money . Jan. 4 .
Susannah Nichols . Last Monday was se'nnight, at a little after five in the Evening, I was coming from Newgate street towards the Poultry Compter , and just as I came to the Apothecary's Door, the Prisoner came behind me, and held me fast down. I attempted to get from her into the Middle of the Highway, and some Fellows jostled me, and kept me close to her. Immediately I felt a Hand in my Pocket; I can't say I could tell whose it was, but she stuck so close to me, that I can't think it was any but her's
Q. Did you lose any Thing?
Mrs. Nichols. Yes: I lost a green silk Purse, with a Steel Seal in it, and about 16 s. in Silver, and perceiving my Purse go, I cry'd out Murder or three Times, and then the Prisoner loosed her Hold.
Q. How long before that, can you take upon you to say, you had your Purse in your Pocket?
Mrs. Nichols. About a Quarter of an Hour before I came from Newgate street: I had just received ten Shillings and put it into my Purse.
Pris. Q. How far did she walk that Night before this besel her?
Mrs. Nichols. From the Place that is called Blowbladder street, which is about a Quarter of a Mile I believe.
Pris. Q. Might you not have had the Money taken privately from you before you met with me?
Mrs. Nichols No, I felt it go at this Time.
Q. Are you sure the Prisoner is the Woman ?
Mrs. Nichols. Yes, it was not quite dark, but very Moon-light , and there was not a shop shut up.
Q. As the Prisoner was behind you, how could you take Notice of her Face?
Mrs. Nichols. With my struggling, I turn'd about with my Face to her's .
William Offley . On the 4th, of January, about 6 in the Evening, I was going down the Poultry , and a little beyond the Compter I met the Prisoner and this Gentlewoman (Mrs. Nichols) as near together as it is possible for two Women to be, and both of them surrounded by a parcel of Men. I knowing Mrs. Nichols, and hearing her cry out Murder, I stepp'd up to her, but before I could get up to her, the Prisoner had made her way through the other part of the Mob. I can't say that I saw her run, but I think she went off in the usual Manner.
Q. Are you sure the Prisoner is the Woman that you saw so near Mrs. Nichols?
Offley. Yes, I am certain she is the Person.
Q. Did she complain of being robbed at that Time?
Offley. Yes, about three Minutes after the Woman was gone, she stepped into the Entry at the Compter, and said she had been robb'd.
Pris. Q. You say there was a great Croud of People; were not a great many as near to the Gentlewoman as I?
Offley. To the best of my Knowledge there was no Person so near Mrs. Nichols as the Prisoner.
George Lesley . I was not present when the Fact was committed , but I was going from Walbrook towards Cheapside, and by the Poulterer's Shop, facing the Mantron-house, I saw this Man (Garnal ) holding that Woman at the Bar. He said , she had stole a Watch, and desired me to assist him. I was at a Loss whether I should stop or go past, and just as I came up to them , a Man rush'd from Cheapside, and struck me over the Head. I asked him, why he struck me ? and he said , she was his Wife, and he knew she was innocent . While he was repeating these Words, he redoubled his Blows, and struck me again , and likewise the Man that had hold of the Prisoner. She then ran with the Man that struck us, up Buckler's Bury, and so we pursued them, crying Stop Thief! The other People ran faster than I, so that I was a little distanc'd, and saw no more of them 'till I came to the upper End of Buckler's-Bury, and perceiving the Man using his Stick as smartly as before, I seized him; the Woman was taken by somebody else at the same Time, and when they came together they denied that they had ever seen each other before.
Q. How near was the Prisoner to that Man when they ran off together?
Lesley. They were so near that I can't fix any Distance.
Q. Did they seem to be acquainted with each other?
Lesley. The man told me she was his Wife, and he knew her to be innocent.
Q. Was the Prisoner in hearing then?
Lesley. She was near enough to hear, and did not contradict it; but whether her struggling with this Man might not prevent her hearing it , I can't say.
William Lambkin . On Monday the fourth of this Instant, I was standing at my Door in Buckler's-Bury , and heard a Cry of stop Thief; and seeing the Prisoner run very fast up the Street, I took hold of her. She struggled with me very much, and in the mean Time James Robinson ran after her and struck me. In order to avoid the Blow, I let go the Prisoner, and pursued her again, and had not run above forty Yards, before
Defence. I was going to a Master of a Ship at Wapping, and hearing them cry Stop Thief! I ran to hear the Noise, as you know Country People generally do. I had my Clock over my Arm, and this Man stopp'd me, and said, the Lady had lost her Watch. He got me into a House, and I was searched, and I had neither Gold nor Money, but half a Guinea and a Shilling in my Pocket .
Mary Ann Smith . Last Monday was seven-night, a little before Night, the Prisoner call'd at my House , and said, she was going down to Wapping, to enquire after some Country People, and desired me to go with her. She hurt her Foot going along, and we went Arm in Arm down the City; and just by the Poultry-Compter, (I think they call it ) a Croud of People came by, and shov'd me down, and so we parted.
C. Did you hear any Out-cry in the Street then?
Smith. No, but there was a whole Heap of People came along and parted us, and tumbled me down.
C. When you fell down, what Distance was the Prisoner from you?
Smith. I can't tell; she was shov'd away from me as I suppose.
C. Why did not you ask for your Companion when you got up?
Smith. Who should I ask among Strangers? I turn'd about to look for her, but could not see her.
C Were you at any Time near the Poultry-Compter Door?
Smith I think this was against the Church.
C. Was there nothing said of the Loss of a Watch in your hearing?
Smith. No, nothing at all.
Q. Where did you go when you got up?
Smith. I was going to my Mother's in East-Smithfield, and the Prisoner having some Business at Wapping, I was to go Part of the Way with her. I live in Shoe lane; my Husband is a Journeyman Brasier, and I have known the Prisoner about half a Year.
Margaret Downs . I have known her 16 or 17 Years ; she was a Servant to one John Stevenson , upon Newcastle-Bridge . I recommended her to my Brother, and I should not have sent her there, if I had not heard that she bore a good Character .
John Swinton . The Prisoner lodged at my House about 9 Months, and was recommended to me by the last Witness. I have entrusted her with every Thing in the House, and never knew her addicted to pilfering . The Night she was apprehended , she went from my House with a Design to go to Wapping to see a Relation that was going to Newcastle upon Tyne ; and I take her to be as honest a Woman as any in the Parish.
Q. Where do you live?
Swinton . At the Whittington and his Cat in Bloomsbury Market .
Frances Gammon . I have known the Prisoner ever since the beginning of last Summer: She used to come down to my House in Wapping to enquire after Masters of Ships in Newcastle, who very often us'd to bring her little Presents . About a Fortnight ago, the 3d Day of this Month, was my Child's Birth-Day, who was three Years-old , and the next Day this young Woman (Smith) came to my House to wait for the Prisoner.
Littleton Westley . I have known her between 7 and 8 Months. I have employed her to wash for my Family, and never knew but that she bore a very good Character.
Guilty Death .
14. Margaret Lumley alias Burgess , of St. George, Bloomsbury , was indicted for stealing a Silver Mug, a Silver Tankard, a Silver Salver, a Silver Cup, 2 Silver Pepper-Castors, a Silver Punch Ladle, a Silver Saucepan, a Silver Salt, 6 Silver Tea Spoons , a pair of Silver Tea Tongs, a pair of Silk Shoes , a pair of Clogs. 4 Cloth Coats, 2 Cloth Waistcoats, a pair of Cloth Breeches, a Gold Ring set with 6 Diamonds, a Silk Gown, a Silk Petticoat, 2 Shirts, 3 Sheets , a Gold Ring, a Gold Ring set with a Garnet and 4 Diamonds, the Goods of John Simmonds , a Gold Ring with a Cypher, and a pair of Gold Ear Rings set with Garnets, the Goods of Catherine Simmonds , in the Dwelling-house of John Simmonds , Dec. 23 . And,
15. Richard Burgess , for receiving a Silver Mug, a silver Tankard, a silver Cup, 2 Pepper Castors , a silver Punch Ladle, a silver Saucepan, a silver Salt, 6 Tea Spoons, a pair of silver Tea Tongs, a pair of silk Shoes, a pair of Cloth Breeches , 3 Sheets, a Gold Ring with a Cypher,
John Simmonds . On the 23d of Dec. in the Evening, I was spending the Evening at a public House, and my Daughter came to me, and Inform'd me I had been robb'd. I went Home directly and missed the Goods mention'd in the Indictment. The next Day I went to Goldsmith's-Hall, and advertised my Goods, and the Day following one of the Gold Rings was brought to my House, but I can't tell by whom, because I did not see the Person that came with it.
Catherine Simmonds . I am Daughter to the last Witness. On the 23d of Dec. I went to the Prisoner's House, and while Lumley and I were at Dinner, the other Prisoner came in. When we had din'd we went to our House, and when I had put on a clean Apron, we went out to go as far as the Fleet: there were the two Prisoners, my Sister, and I together, and when the Man (Burgess) came as far as St. Andrew's Church in Holborn, he swore he would go no farther. She (Lumley) would have gone on with us, but he made her go back with him, and so I and my Sister parted from them. We went then as far as the Fleet, and as we came along from thence, we called at another Place, so that it was near six o'Clock when we got Home.
Q. In what Condition did you find the House then?
Simmonds. We found the Street Door and the Parlour Window both open, and we directly missed all the Goods that are in the Indictment. My Father advertised them on the Thursday, and on the Friday, which was Christmas-Day, this Gold Ring was brought to our House by Mr. Manners , a Goldsmith in the Strand. After this I went to the Swan Tavern the Corner of Newport Market , where I receiv'd Instructions from several of our Relations, how I should go to find the Prisoners. Accordingly the Goldsmith's Maid and I went to the Prisoner's Lodging, and took them both out of Bed, and carry'd them to the Tavern. We then went before the Justice, and there the Woman confessed she had the Things, and where they were, but the Man denied that he knew any Thing of the Matter. She own'd that she had the Things, and that they were at her Lodging in May-Fair , and said that he (Burgess) had the Key in his Pocket, and that he had baited her to do it. Burgess afterwards took the Key out of his Pocket himself, and deliver'd it to her, and we open'd the Room Door with it, and found all the Things that are in this Sack. She likewise told us, that the Gown and Petticoat, and the Ring with 6 Diamonds , were in pawn in Marlborough-Meuse , and she went with us to the Pawnbroker's, and we found them accordingly. At another of the Prisoner's Lodgings in Newport Market we found my Garnet Ear Rings , a Diamond Ring, and a Cypher Ring, and the Woman own'd they were mine.
Pris. Burgess. Did I give the Key to my Wife (Lumley) or to the Constable?
Simmonds. He first denied that he had the Key, but he afterwards took it out of his Pocket and gave it to his Wife .
John Simmonds , jun. I went with my Uncle and Cousin to Mr. Manner's, and they describing the Woman Prisoner, we agreed that Mr. Manners's Girl and my Sister should go to their Room. Accordingly they did, and Manners's Servant knowing her to be the Person that had been at their Shop, the Prisoners were both brought to the Tavern. From thence we carried them before Justice Fraser, and we went into the Entry with the Woman Prisoner, where she confessed that she pick'd open the Locks of the Drawers with a Knife, and took the Things away in a Sheet: that she carried them into Russel-street , and ty'd them up, and then gave a Man 3 d to carry them into Hanover Yard, where her Husband was waiting for her, and that he (Burgess) carry'd them to May-Fair . When the Justice had examin'd the Prisoners, we took Burgess to the Round-house till next Morning, and when we left him there, Lumley desired him to give her the Key of the Room: he at first denied that he had it, but afterwards gave it to her, and then she told me, if I would go with her she would shew us where the Things were. Upon this we took a couple of Coaches, and went to May-Fair , and open'd the Room Door, and found all the Things that are in this Sack, after which she herself pull'd a Tile out of the Hearth, and took out 2 Gold Rings, a pair of Ear Bobs, and a pair of Gold Buttons. We afterwards carried her to the Gatehouse, where she told us she had pawn'd the Petticoat, Gown, and Diamond Rings at Marlborough-Meuse , and a pair of Sheets in West street, and we found them accordingly.
Ralph Warner , Constable. On Christmas Day at Night, I was sent for to the Swan Tavern , and charg'd with the 2 Prisoners. I took them before Justice Fraser , who examin'd them, but they both denied the Fact. After they had been there some Time, the Woman Prisoner went
Pris. Burgess. Did I deny the Key when she asked me for it?
Warner. He did deny that he had it.
Emery Needham . About 3 Weeks before this Thing happen'd, Burgess and his Wife took a Lodging of me in May-Fair . On the 23d of Dec. I saw them both go up Stairs. Burgess had a Bundle upon his Back, and I gave his Wife a Candle to light him up, and when he came down again he had no Bundle at all, only the Candle in his Hand, and the Key of the Room upon his Finger.
Elizabeth Young . On the 23d of Dec. the Woman Prisoner brought a Gown, a Petticoat , and a Ring to me and desir'd to have Money upon them. I ask'd her if they were her own? she told me they were, upon which I lent her 1 l. 15 s. upon them. She did not come in her own Name, but in the Name of Mary Elderson , and I am sure she is the Person .
Pris. Burgess . Did you ask me if they were my own?
Young. Yes, I did.
Thomas Painter . I happen'd to be in the Neighbourhood where my Brother Simmonds lives , and being inform'd he had been robb'd, I went to him, and we agreed to draw up an Advertisement , and go to Goldsmith's Hall. On Christmas-Day this Ring was produc'd, upon which we went to Mrs. Manners and were told by her Maid that she should know the Woman Prisoner again. Upon this we agreed, that as my Neice was pretty well acquainted with the Prisoner, she and Manners's Maid should go together to see if she knew her. When they came there, she said she would swear to her, and then we went up Stairs, and took them out of Bed, and carry'd them before the Justice, where the Woman Prisoner confessed the Robbery in the same manner as has been told before. We took the Man to St. Ann's Round-house, and just as we were going away, his Wife (Lumley) said, Burgess! you have got the Key! and he said, I have it not: but the Constable telling him that he had got it in his Side Pocket, he gave the Key directly to his Wife. After we had secured him, we took a couple of Coaches and went away, and found all the Things that are in this Sack.
Thomas Painter , jun. was present when the Prisoners were apprehended, and heard some Part of Lumley's Confession before the Justice. He confirm'd the above Depositions, so far as they related to the Goods found at the Prisoner's Lodgings in May-Fair .
Lumley's Defence. This Man (Burgess) is innocent of the Matter. My two Cousins din'd at our House that Day the Robbery was committed, and when he came Home he was drunk. We were going to the Fleet to see Mr. Jones , and he came along with us as far as St. Andrew's Church, and then he would go no farther, but took hold of me, and said I should go back with him into Newport-Market . Accordingly I did,
John Barber , Gerard Bowyer , Michael Capgny , George Wright , Thomas Randal , William Farrit , and William Armstrong , had known Lumley different Numbers of Years, and never heard but that she was an honest Woman.
The Jury found both the Prisoners Guilty , and earnestly desired that Lumley might be recommended to his Majesty as an Object of Mercy .
George Kent . I was present when the Skins of two of my Master's Sheep were found in the Prisoner's House. I knew they were his Skins, because they were marked with R S. and that is what he always marks his Sheep with. We secur'd the Prisoner and one Chance , and carry'd them before Sir Thomas Reynell , but I can't say that he either own'd or denied it in my Hearing.
Isaac Singer . I lost two Weather Sheep last Friday was se'nnight at Night, and my Shepherd informing me that he suspected Joseph Pig to be concerned in stealing them, I got a Warrant, and search'd the Widow Souch's House. The Prisoner was there when we first went in, but before we had finish'd our Search he went off. We follow'd him, and he just put a Bottle of Beer into his own House, and ran off as fast as he could We went into the House, and in the Closet we found some Tallow: After that we went up Stairs, and look'd about a little in the Bed-chamber; and in the Chimney there was something cover'd up with Sort of a Rug, which I pull'd away and then saw my two Sheep-skins lie there; they were mark'd with R. S. on the Hind Leg . Under the Skins I saw the Guts, and afterwards I found the Carcase of one of my Sheep wrapp'd up in a Cloth, and another cut into Quarters. The next Day which was Sunday, I got 5 or 6 Men to assist me, and we went in Pursuit of the Prisoners. We had not got above 3 Miles from his House before we met him, and after we had secured him, we went to a bad House, to see for Jeremiah Chance , and took him likewise, we then deliver'd them into the Custody of a Constable, and next Morning they were carried before Sir. Tho Reywell who committed one to Newgate, and the other to New Prison.
Pris. Was I at Home when you came to my House?
Singer. You was at the Anchor at first, and I saw you run away from thence.
James Tillier . I am Shepherd to Mr. Singer, and about half an Hour after Four in the Afternoon, I saw the Prisoner, Chance and another go by my Fold, and the next Morning I miss'd two Sheep. I inform'd my Master I suspected the Prisoner, and he told me he would have a Warrant to search, but I was not present when they went to Pig's House.
Q. How came you to suspect that Pig had any Intention to steal your Sheep?
Tillier. Because he was a Man that had but a very baddish Character.
Jeremiah Chance . The Prisoner and one Carpenter ask'd me to go out with them, and when we came a little way, they told me they were going to break open a wholesale Shop at Harlingston ; but meeting Pig's Mother by the way, we were forc'd to seperate, and he went Home with her. About ten the same Night we went from Pig's House with a Sack in order to break open this Shop; but being disappointed in that and some other Designs, we were not willing to go Home without something , and at last we agreed to have a couple of Sheep out of a Fold that we had gone past that Afternoon. Pig caught one and put it into the Sack , and I caught another and tied the Legs of it, and then we carried them both to Mr. Pig's House. The next Morning we stead the Sheep , and then I sent him out for some Bread and Beer, and when he came back again, he told
The Prisoner having nothing to offer in his Defence, the Jury found him Guilty , Death .
20. Jesse Walden , of St. Mary White-chapel , was indicted for breaking and entering the dwelling House of Thomas Law , about 2 at Night, and stealing a brass Stewpan, val. 2 s. 2 brass Sauce-pans, val. 2 s. a pair of leather Shoes, val. 4 s. a camblet Cloak, val. 6d , the Goods of the said Thomas Law , December 13 .
Thomas Law On the 13th, of December, my Doors were bolted between 9 and 10 in the Evening, and then I went to Bed. I got up about 6 the next Morning, and found my outer and inner Doors both open, and miss'd the Goods mention'd in the Indictment out of my House.
Q. How came you to suspect the Prisoner?
Pris. I desire he may be ask'd, whether any Body lay in the Apartment that was broke open?
Law. It is a Place that is inclosed with Windows and Shutters in the Night-time.
Q. Is there any Communication between your House and this Place?
Law. Yes, there is a small Passage that leads from that to my House.
Q. Do you dress your Victuals in this Place?
Law. Yes, and upon Occasion I can lye there as well as any where : I never eat any Victuals but in that Place.
Pris. How far is it from your Dwelling Apartment?
Law. As far as it is from hence to the Bench .
Pris. Have a great Caution for my Life is at Stake.
Law. I don't think it is a Yard over or under .
Pris. Ask him if the Thief-catchers never prompted him to say his House was broke open for the sake of the Reward.
Law. No, they did not.
Joseph Davis . The Prisoner and I had been several Times to break open this Man's Apartment, but the Moon shining so bright, we were afraid to do it. On the 13th of December, we both went to a Brandy-shop, the Corner of Gravel-lane , and got almost fuddled, and then, we resolved to do it. I help'd him over the Wall, and then he open'd the Back-gate to me that leads into Bell-Alley, and as soon as I came in, he broke open the Place, and we took away a Stew-pan, 2 Sauce-pans, a Pair of new Shoes, a Pewter Dish, and a Cloak and Riding hood.
Prisoner. He says there was a Riding-hood and Cloak, and the Prosecutor deposes only a Cloak.
Davis. There was a long Cloak and a Head upon it.
Law. I lost the Head of a Riding-hood with the Cloak, but they were not fasten'd together.
Prisoner to Davis. Did I see the Shoes.
Davis. He gave them into my Hands, and I delivered the same Shoes to the Prosecutor.
Guilty Death .
21. John Thompson , of St. George , Middlesex , Victualler , was indicted for that he not having God before his Eyes, &c. on the 16th of December , on Mary Grayling , an Infant about the Age of nine Years, in the Peace, &c. feloniously, &c. did make an Assault, and did endeavour and attempt carnally to know and abuse, and, &c. did most grievously lacerate and abuse, &c. of which Laceration she languished from the said 16th of December, to the 2d of January, and then died .
He was a second Time charg'd by Vertue of the Coroner's Inquisition for the said Murder.
Mr. Cowling Surgeon and Man-Midwife , inspected the Body of the Child a Week after its Death, and gave aparticular Account of the Condition in which he found it, and it was his Opinion, that after she had received so great an Injury, it was impossible she could live.
Several Witnesses were produced to give an Account of the Child's Declarations in extremis, but it being the Opinion of the Court that the Child was not of competent Years to make such Declaration, and there being no other Evidence offered in Support of the Indictment, the Prisoner was acquitted .
John Bosworth , Esq; Edward Dod , and John Miller , Dec. 11. Guilty .
23, 24. Ann Day , and Elizabeth Price , were indicted for stealing a Brass Pot with a Cover, a Brass Ladle, a Copper Tea kettle, and several other Things , the Goods of Richard Brown , Dec. 10th . Both Guilty 10 d.
30. Christopher Jordan , of St. Luke's, Middlesex , was indicted for assaulting Thomas Colt , in a certain Court call'd Hartshorn court , near the King's Highway, putting him in Fear, and taking from him a Hat, Value 7s. a Peruke, Value 8 s. a Guinea and 4 s. in Money , Jan. 12 .
Thomas Colt . Last Monday was sevennight, at almost Twelve at Night, I met the Prisoner in Long-lane. He was asking Charity, and begg'd for God's Sake that I would relieve him. I told him it was not in my Power to relieve him, but I was going to the Red-lion in Aldersgate street, and if he would accept of Part of a Tankard of Beer, he should be welcome. We went into the Golden-horse Alehouse, and called for Beer, and when we were coming out, I told him, I was as destitute of a Lodging as he; upon which he said, he could help me to one. He then took me up Barbican into Golden-Lane , and then into Hartshorn-Court, where he said, he had got a Sw eetheart, and he would make her get up, and I should go to Bed. I did not like the Looks of the House, therefore would not go in; and he then shewed me another Place, where there was a Light; but I did not care to go in there neither, and so I determined to go to my own Lodging; and just as I came back to the House where he would have had me gone in first, he knock'd me down; I can't tell whether it was with his Fist or a Weapon, but my Face was very black. When he had got me down, he took off my Hat and Wig, and a Guinea in Gold, 4 s. in Silver, and a silk Hankerchief out of my Pocket. As soon as I recovered myself, I ran down some Alleys and call'd Watch! and I told the Watchman I had been robb'd, and that I believed the Prisoner was gone down some of those Alleys, but not being able to find him , I went to the Watch-house, and shewed the Beadle the Place where I was robb'd. I afterwards went with one of the Watchmen to the Golden Horse to see if they knew the Prisoner, but they denied that they knew any Thing of him, upon which I went back to the Watch-house, and after I had got a Handkerchief to tie about my Head, I went Home. The next Morning about ten o'Clock, the Watchmen came to my Lodging, and inform'd me they had found a Wig, and when I saw it, I knew it to be mine. They said, they would go to a Place where they suspected the Prisoner was, and would help me to the sight of him. Accordingly they went into a House, and I follow'd them, but the Place was so dark, that I came out again; and one of the Watchmen told me, the Person whom they suspected was there, and he was going to a Cook's Shop, and if I would set down on the Bench, I might have a full View of him. Presently he came out, and as soon as I saw his Face, I knew him to be the Man that robbed me. We went back to the Watch-house, and three Men were dispatch'd to take him, and when he was brought into the Room, he immediately came up to me, fell on his Knees, and desired me not to prosecute him, for so sure as I did, he should be hang'd; and this he repeated several Times.
Pris. Is he sure I am the Man?
Colt. Yes, I am certain of it.
Pris. Where did you light on me first?
Colt. In Long-Lane.
Pris. Where did you carry me to?
Colt. To the Golden-Horse .
Pris. What did you give me there?
Colt. Some Drink.
Pris. Who was in Company?
Colt. A great many Hackney Coachmen and some other People.
C. Was it light enough for you to see the Prisoner's Face?
Colt. Yes, as sober as I am now.
John Austen . I am a Watchman in the Liberty of Golden-Lane. Last Tuesday Morning at Two o'Clock, I was beating my Rounds in Hartshorn-Court, and heard a Man call Watch! Just by the Pump I saw the Prosecutor; he had a Blow on the Right Side of his Face, and he told me he had been knock'd down and robb'd. I bid him come along with me and I'd see if I could find the Prisoner. We went down some Alleys to no Purpose and then the Prosecutor went to the Watch-house, and we parted. When the Prisoner was taken and brought to the Watch-house, he fell on his Knees once or twice, and begg'd of the Prosecutor not to send him to Goal, for if he did, he was sure to be hang'd. He likewise did the same when he was before Justice Poulson.
Charles Hunt . About 2 o'Clock last Tuesday Morning, this Thomas Colt came down to the Watch-house, and desir'd to come in. I was standing at the Door, and seeing him without either Hat or Wig, imagin'd he had been in a Quarrel, therefore refus'd to let him come in. The Beadle order'd him in, and he then describ'd the Person that had robb'd him, and the Place where he was carry'd to. I told him I would shew him the Person in the Morning, and accordingly I went into a Gin-shop in Hartshorn-Court by myself, and called for a Quartern, and I immediately saw the Person whom I suspected: That was this Man, Christopher Jordan . I told Colt that the Prisoner was coming out, and as soon as he saw him, he said, that is the very Man that robb'd me, but he has not got the same Cloaths on. We went down to the Watch-House, and told the Beadle of this, upon which he desired the Prosecutor not to take the Man up if he was not sure he was the Person, but he still insisted that he was the Man, and he should know him from ten Thousand. We then went, and apprehended him, and brought him to the Watch-House, and he directly went up to the Prosecutor, and said, for God's Sake don't prosecute me, for I shall be hang'd.
Henry Thompson . I went with Charles Hunt to take this Man out of the Ginshop, and when we brought him to the Watch-house, he fell on his Knees before the Prosecutor, and said if he was sent to Goal, he should certainly be hang'd.
William Whistler . I went into the Watch-house at Dinner time with a Pint of Beer according to Custom, and the Prosecutor desir'd me to go with the Watchmen to take Christopher Jordan , and with some Persuasions I consented. Hunt went in first, and Thompson and I follow'd, and we brought the Prisoner to the Watch-house. As soon as came in, he went up to the Prosecutor who sat facing the Door; and the Beadle asked him whether he knew the Prisoner? He reply'd he did, and that he was the Man that robb'd him: The Prisoner then said, for God's Sake, don't send me to Newgate ; don't swear against me, for if you do, so sure shall I be hang'd; and this he repeated three or four Times.
- Dyer I was charged to assist the Constable , and when the Prisoner was before Justice Poulson , he fell on his Knees and desired Colt not to prosecute him, for it he swore against him, he should be hang'd,
Defence. I have 2 or 3 Coachmen here that were in the Box drinking with the Prosecutor.
George Hodges . I live next Door to the Prisoner: Last Monday was 7-night , at Night, my Mistress desired the Prisoner to let me lie with him, and as I was going to Bed the Prisoner desired me to stay and sup with him; accordingly I did, and before twelve o'Clock, the Prisoner and all of us were a-bed .
Q. How do you remember that Day?
Hodges. Because the Prisoner was taken up next Morning.
Q. What Business do you follow?
Hodges. I am a Frame Maker by Trade, but now Business is dead, I run on Errands.
Q. What House is this in Hartshorn-Court ?
Hodges. It is a sort of a Brandy-shop kept by one Mrs. Bagley.
Q. How do you know that?
Beversley. Because I let them in, and took particular Notice of them.
Q. What Time of Night was the Prosecutor there?
Beversley. He came in about Twelve, and staid a Quarter of an Hour.
Q. How came you to be there at that Time of Night.
Beversley. I assisted the People of the House, because it was Club Night, and the Gentleman of the House was angry, because I let Strangers in.
Q. How can you take on you to say the Prisoner is not the Man, that came in with the Prosecutor.
George Harrison . I live in the lower Room under the Prisoner: There was a Sort of a Bit of a Supper that Night, and the Prisoner went up to Bed between Twelve and One , and the Door was bolted. I sat by the Fire-side when the Scuffle of the Robbery was done, and I heard some-body cry, Aye Boy! I can't tell who it was; presently one ran up the Alley, and then the Watchman came almost Two. I heard a Man call Watch! and the Watchman cryed, Aye Boy! What's the matter now? My Wife went out at Three o'Clock to visit a Woman who was dying; and I went down and bolted the Door after her and no-body went out afterwards.
Q. How came you to be there?
Bradford. I am a Coachman and live in the Neighbourhood.
Q. What sort of a Man was the Person that you say came in with the Prosecutor?
Bradford. A thin, squat Man, fresh-colour'd in his Face, with a brownish Coat on.
Q. Did you drink with them?
Bradford. No, but I was in the Box fronting them, and they had a pint of Two-penny Purl .
Thomas Woodcrost . I was at Dinner at the Black-Horse in Golden-Lane at the same Time that the Prisoner was taken up. The Prosecutor said the Prisoner had pick'd him up in Long-Lane, and took him to the Golden Horse in Aldersgate street and treated him with a Pint of Two-penny Purl, after which he knock'd him down and robb'd him under Pretence of getting him a Lodging: I hearing this went to the House, and asked them what Sort of a Man was there last Night: They told me he was a swarthy Man, thin visag'd, and with brown Cloaths on. I desired them to go down to New-Prison to see the Prisoner, and Mr. Bradford and some others went, and said he was not the Man.
Elizabeth Morson . I have known him from a Child, and liv'd in the House with him 10 Years. He used to go on Errands, and cry Fish about the Streets, and I never knew him guilty of an ill Thing; but I have not seen him much these 6 Years.
Elizabeth Harding . The Prisoner lived in my House 6 Years, and about 12 Months ago he worked with my Husband at some Houses in Cold Bath Fields. I have entrusted him all over my House when I had more than I have now, and never knew that he wrong'd me of any Thing.
Rebecca Warner . I have known him ten Years, and never heard any ill of him in my Life. I liv'd in the Neighbourhood where his Mother lives, in Featherstone-street by Moorfields; he used to cry Fish about the Streets, and I have seen him almost every Day. - I am out of Place at present; the last Place I lived at was Mr. Hinton's, Cashier to the Bank.
Q. Are you any Relation to the Prisoner?
Warner. No, only a very great Acquaintance. Guilty , Death .
31. Mary Scot alias Waller , was indicted for stealing 6 Holland Shirts, and 2 Holland Night Caps, the Goods of Matth.ew Raper , Esq ; and a Linnen Shirt , the Goods of William Adams , Dec. 24 . Guilty .
34. John Low , was indicted for stealing a Hat, a pair of Leather Pumps, 2 Woollen Blankets , 3 pair of Worsted Stockings, and a pair of Silver Buckles, the Goods of Andrew Brown , and 2 Blankets and 3 Shirts, the Goods of Robert Johnson , in his Dwelling house , Jan. 6 .
Guilty, 39 s.
Thomas Cartwright , Esq; a Callamanco quilted Coat, 6 Mobs, a Straw Hat , a pair of Stuff Damask Shoes, and a pair of Silk Stockings, the Goods of Alice Bass , and a Callamanco Coat , the Goods of Mary Phillips , Dec. 8 . Shambler guilty Felony only ; Thompson Acquitted .
It was observ'd by the Councel for the Prosecution, that the Indictment set forth, that before the issuing of the Commission of Bankrupt, the Defendant was a Brasier , and got his Living by buying and selling in that Trade, and was indebted to one Jean Brifort , the Sum of one hundred Pounds and upwards, for Goods sold and delivered: That after the Defendant was so indebted , he became a Bankrupt in the true Intent and Meaning of the Statute; and upon the Petition of the said Jean Brifort , on the 15th of Nov. in the 14th Year of his Majesty's Reign, a Commission of Bankrupt issued out, directed to Roger Coningsby , Esq; and others; and that it directed that they should proceed to put that Commission in Execution. Accordingly they (having taken the Oaths according to the Statute) declar'd the Defendant a Bankrupt, within the true Intent and Meaning of the Act. That on the 18th of Nov. they caused a public Notice to be published in the London Gazette, whereby the Defendant was required to surrender himself on the 24th of Nov. (then] Instant, and on the first and thirtieth of Dec. following: That accordingly he did surrender himself, and submitted to be examin'd on Oath; and that in the Course of the Proceedings in Order to make a Discovery, the Defendant took his Corporal Oath on the 17th of February, 1740: that at this Time a Paper Writing mark'd with the Letter D, and three Books mark'd with the Letters A, B, and C, and 2 other Papers mark'd with the Letters E and F, were shewn to him, and he swore as follows; that the Paper Writing mark'd D; that the several Books mark'd A, B, and C, and the Paper Writings mark'd E and F, did contain a full Disclosure of all his Effects, and upon what Consideration he had disposed of any of his Goods, Merchandise , or other Effects , and all Books and Writings relating thereto , or in which he was any W interested ; or whereby he might have any Profit; except only such Part of his Effects as had been before disposed of; and such Sums of Money as had been laid out in Expences; and that he likewise swore, that at the Time of his Examination he delivered up to the major Part of the Commissioners all Books, Papers , and Writings relating thereto as were in his Custody or Power, his necessary wearing Apparel excepted; and that he had not removed, concealed or embezzled any Part of his Effects with Intent to defraud his Creditors: Whereas in Truth and in Fact, the Defendant had concealed one Copper with the Iron-work thereto belonging, not mention'd in any of the Paper Writings; and whereas in Truth and in Fact he had concealed 2 Stove Grates , no Account of which was mentioned, &c. and whereas he had concealed a Shop Book of Accompts belonging to his Shop in Moorfields, and which was not contained in any of the Books or Papers mark'd as above; and whereas he had conceal'd 6 dozen Flower Boxes of the Value of 10 l. odd Money, no Account of which was mentioned in any of the Books, &c. &c.
It was farther urg'd by the Councel on the same Side, that although the Articles with which the Defendant stood charg'd might seem to be but inconsiderable, yet that where some Things were conceal'd, there was great Reason to apprehend that others had been conceal'd; and that a Man who would be guilty of Perjury in one Instance would in others: That it appeared from the Face of the Indictment that the Prisoner stood charg'd with 4 Instances of Perjury; and that if one of them should be prov'd, that would be sufficient to convict the Defendant. That although he had taken a general Oath to reveal all his Effects according to Act of Parliament, yet notwithstanding that he was actually possess'd of a Copper of which he made no mention at all in his Account deliver'd to the Commissioners; likewise 2 Stove Grates, and a Shop Book, which would appear to be very material; and besides these he had conceal'd a large quantity of Brasiery Goods:
That Crimes of this Sort ought not to be aggravated, being exceeding heinous in their own Nature, for if People would take those Libertien to forswear themselves, there would be an End
Counc. How long have you known him follow that Trade?
Cardel. These eight or ten Years.
Cardel. Yes, he dealt with my Master, Mr. Green for French Plate .
Counc. Was your Master indebted to him for French Plate?
Cardel. Yes, I know of above 100 Pounds and upwards that I have receiv'd and enter'd into Mr. Brifort's Books, and I knew Mr. Green ow'd him above 100 l.
Counc. When were these Goods bought of Brifort?
Cardel. In the Year forty, between March and November.
Counc. Do you know any Thing of Green's denying himself to his Creditors?
Cardel. I myself have denied him by his own Orders.
Counc. Do you remember the Persons Names to whom you have denied him?
Cardel. To Mr. Giles, one of the present Assignees, and to one Waters, a Baker .
Counc. I ask you whether you denied him by his own Orders, or out of your own Head?
Cardel. He desired me not to let him be troubled with these People half a Year before the Commission came out.
Counc. What did those Persons that you denied him to, come for?
Cardel. For Money; I can't say any of them asked me for Money, but I knew they were Creditors: By one Person I was ask'd for Money, and I judg'd them all to come a dunning for Money, for I had seen them several Times before on the same Errand .
Pris What Sum did the Creditors ask for?
Cardel. They did not ask for any particular Sum: Mr. Giles's Servant asked me several Times whether there was any Money in the House.
Counc. Were there any other Creditors that came to ask for him?
Cardel. Yes, there was a Brewer at Hackney, and his Clerk, and several others, whose Names I forget.
Counc. Do you know that the Persons mentioned in it acted as Commissioners, and took the Oath?
Mr. Goulder. Yes, I was present and saw them take the Oath.
Counc. Def. Shew me that they were Commissioners.
Mr. Goulder. The three Commissioners that met the first Day, were Mr. Coningsby, Mr. Melmot , and Mr. Salkeld, and they were sworn before they proceeded to act.
Counc. Def. What did they swear?
Mr. Goulder. They administer'd the usual Oath.
Counc. Def. Did you hear the Oath.
Mr. Goulder. Yes, but I don't remember the particular Words.
Counc. Def. Was it read or spoken?
Mr. Goulder. Spoken.
Mr. Wm Melmot . I was one of the acting Commissioners, and we took the Oath according to Act of Parliament: I think the Word s were, '' I do swear, that I will faithfully and impartially '' execute the Trust reposed in me, and '' that without Favour, Affection, Prejudice or '' Malice, to help me God.''
Q. Do you verily believe that these Words were repeated to the Commissioners?
Mr. Melmot. Yes.
Counc. Def. Can you say that they repeated these Words?
Mr. Melmot If they had not repeated right, I would have interrupted them.
Council Def. On your Oath, are you certain that the same Oath was administered to the others?
Mr. Melmot. I can't be so certain to that as to a Thing that is recent in my Memory; We repeated the Oath each of us ourselves, and I do verily believe they repeated it.
Mr. Goulder again. Mr. Coningsby , Mr. Melmot, and Mr. Salkeld met on the 15th of Nov. 1740. at the Crown and Rolls Tavern in Chancery-Lane , and then declared the Prisoner a Bankrupt.
Counc. Do you know the Prisoner?
Mr. Goulder. Yes, and he is the same Person that was examined afterwards at Guild hall?
Counc. Defend. Were there not some particular Reasons for denying him, such as Sickness, or particular Business?
Cardel. He had no Business but to lie a Bed, and I never knew him to have a Fit of Sickness: He desired me not to trouble him again with such sort of People.
The Commission for declaring the Prisoner a Bankrupt was reau
Counc. We shall now produce the Advertisement wherein the Defendant was required to surrender himself to the Commissioners: What Paper is that in your Hand, Sir?
Mr. Goulder. The London Gazette
Counc. How long have you had it in your Custody ?
Mr. Goulder. From the Day after its Publication to this Time.
Counc. What Date does it bear?
Mr. Goulder. The 18th of November: This is the Advertisement relating to Prior Green.
The Advertisement was read, and it not agreeing exactly with the Indictment, the Defendant was acquitted .
42. Charles Corner , of St. Catherines , was indicted, for that he, after the 24th of June, 1736, feloniously forged, &c a certain Paper Writing, partly printed, and partly written, with the counterfeit Mark of Stephen Huggins , purporting to be a Bill of Sale , which said Bill of Sale is in these Words following, viz.
'' To all to whom these Presents shall come, I '' Stephen Huggins , Mariner, late belonging to '' his Majesty's Ship Prince Frederick, send Greeting. '' Know ye, that I Stephen Huggins , for, '' and in Consideration of the Sum of 24 Pounds, '' to me in Hand paid, at, and before the ensealing '' and delivery hereof, by Anthony Underwood , '' of the Precinct of St. Catherines, Victualler, '' do hereby acknowledge myself to be therewith '' fully paid and satisfy'd; and do by these Presents '' alien and assign to the said Anthony Underwood , '' a Ticket for my Service done, and performed '' on board his Majesty's Ship the Prince '' Frederick, and Number on the Books 1572, amounting '' to the Sum of 24 Pounds, &c. &c. '' Witness my Hand and Seal, the 26th Day of '' Nov. &c. and in the 15th Year of the Reign '' of our Sovereign Lord George, of Great-Britain. '' &c. &c.
With Intent to defraud our Sovereign Lord the King, &c.
The Indictment charg'd the Prisoner a second Time with publishing the said Bill of Sale, knowing it to be forg'd.
Anthony Underwood . On the 26th of Nov. last, the Prisoner came to me in the Name of Stephen Huggins , to dispose of a Man of War's Ticket. I agreed to give him 17 l. for it, and a Writing was executed, and he then said his Name was Stephen Huggins , and made his Mark. I asked him if he could not write? and he said No. I went with him to the Ship and Horseshoe , and to the Sugar Loaf and Punch Bowl, and afterwards went Home and gave him the Money. When this was done, the Prisoner seem'd to be uneasy, and went away; and I clapp'd the Ticket upon the Table, and then I found I had paid him 10 l. too much. I then went to several Places in Pursuit of the Prisoner, and sometime afterwards with much Difficulty I met with him, and carry'd him before Justice Jones, before whom he acknowledged that his Name was Charles Connor . This is the Ticket; it is such as Commanders of Ships give Seamen, and is what we call the King's Bond. The Prisoner offered it to me, and I saw him set his Mark to the Bill of Sale by the Name of Stephen Huggins .
Pris. Q. How much did you insist upon as a Premium for this Money?
Underwood. Four Shillings and Sixpence in the Pound.
Pris. Q. Did not you insist upon 6 s?
Underwood. No, I paid him 10 l. odd Money too much, and the Ship is quite new, and will not be at Home these 3 Years.Stephen Huggins . He said the Ticket was his own, and he had earned it himself.
Q to Underwood. Did you receive the Ticket at the same Time that he executed this?
The Bill of Sale was read.
Counc. Did he sign the Bill of Sale, or make his Mark?
The Ticket was read.
Prisoner. I belong to the Marlborough India Man, Capt. Smith On the last Fast Day, about 2 o'Clock in the Afternoon, as near as I can guess, I was coming from the Ship, and by Wellclose-Square , I found five Farthings, a Form of Prayer, that Ticket and a Knife with a Seal at the Handle. I asked a Carman what it was, and he told me it was a Ticket; whereof I kept it till Thursday, and then it not being advertised, I carry'd it to Mr. Underwood He was the Person that filled up the Bill of Sale, and bid me make my Mark; and Doctor Gray (as they call him) was concern'd in purchasing the Ticket.
Thomas Bolton I have known the Prisoner 5 or 6 Years. Last First Day about half an Hour past 2 o'Clock, I met him in Gravel Lane, and he said he had found a Ticket, a clasp Knife, a Form of Prayer, and five Farthings in Money. He shewed me the Ticket, and it appear'd to be wet and dirty, and he told me he picked it up in Wellclose-Square .
Sarah Surkey . I have known him this 20 Years; he was born of honest Parents, and it is to my very great Grief that I see him in this Place; but I have not known any Thing of him for these 8 or 10 Months
Justice Jones. This is the Ticket that was produced before me when I committed the Prisoner, and I look upon it to be as good a Ticket as ever was made, for I have seen a great many of these Things, and have receiv'd a great deal of Money on them.
There not being proper Evidence to prove the Ticket to be a real Ticket, the Prisoner was acquitted .
43. Ann Peck alias Hodges , was indicted with the above Charles Connor , for stealing a Woollen Waistcoat, a Serge Waistcoat, a Linnen Handkerchief, a Tin Box, and 10 s. in Money , the Goods and Money of Stephen Huggins , Nov. 26 Both acquitted .
Mr. Hambleton. Within these 2 Months I have several Times missed Money out of my Pockets while I have been abed, and never could detect the Person that robb'd me, and therefore I was resolv'd to be patient till I could fix on somebody. I generally missed 2 Guineas every other Morning, therefore used to keep myself awake as long as I possibly could , not knowing at what Hour he might come in. On Thursday Morning the 24th of last Month, the Prisoner came into my Room: He came to the Bed Side to listen whether I was a sleep, and I breath'd hard as if I had been asleep He then went from the Bed Side, upon which I raised myself up, and look'd through the Curtain, and I saw him take my Breeches off the Window, and go off with them into an opposite Chamber. I immediately got out of Bed, and look'd at him, and I saw my Breeches on the Chest. He had taken my Purse out of my Pocket, and I saw him take something out of the Purse and put into his own
John Brown. I have known the Prisoner about 3 Quarters of a Year, and never heard any Thing against his Character before .
47 Mary Rice , was indicted for stealing 2 Gold Rings set with Diamonds, 9 silver Tea Spoons; a japann'd Sugar Dish and Cover, a Crystal Seal set in Gold , a silver Box, a silver Sponge Box, a silver Thimble, a Pepper Box , and Reading Glass , the Goods of Elizabeth Bucknall Dec. 4 . Guilty .
48 Susannah (the Wife of Henry) Gray, alias Elizabeth (the Wife of Henry ) Gray , was indicted with divers other Persons unknown , for assaulting Isaac Sugden , in the House of Henry Gray , putting him in Fear, and taking from him a Moidore, a Guinea, a French Gown, value 4 s. and 4 s. in Money , Dec. 24th
Isaac Supden . Last Christmas Eve I was going thro' Black Boy Alley, in Chick Lane , and a Couple of Women laid hold of me, and ask'd me to give them a Dram, I said, I had no Money to spend, and could not stay, and then they took hold of me, and said, they would give me one as it was Holyday Time. They push'd me in at Henry Gray 's Door, - I can't justly say that the Prisoner was one of them that laid hold of me first , but she was in the Room when I came in. They call'd for a Dram and drank it, but did not give me any, upon which I told them my Business call'd me, and I must go. Then they said, if I would not have any more, I should pay for what had been call'd in, and they began to swear and threaten me, therefore I pulled out my Money to pay for it, and they seeing my Money, that Woman at the Bar laid hold of my Hand and took it from me. There were three Guineas in Gold, a Moidore, a French Crown, some Silver, and a few Halfpence; the whole I believe was about 5 l. 6 s or thereabouts. The Prisoner wrench'd my Money out of my Hands, some of which she got, and the rest fell on the Floor, and I then cryed out Murder! upon which she called for a Knife, and swore she would stop my cackling presently. Seeing some of my Money on the Floor, I attempted to take it up, and then they sent to the Sign of the Porto-Bello, and six or seven Fellows came with Sticks, and began to beat me, and the Persons who came to my Assistance in a very violent Manner.
John Duncomb . I am a Sawyer, and last Christmas-Eve about nine or ten o'Clock, I was coming through this Alley; and heard a Cry of Murder, but by whom I can't say. Mr. Harrison went into this House with me, and I don't know that I saw the Prisoner there, but one of the Women had a black Eye.
Q. Did you see the Prosecutor there?
Duncomb . Yes, and there were 2 or 3 Women, but I can't be certain that the Prisoner was one of them .
Phillis Moore . I was in the House when the Prisoner was taken up, which was on Christmass Eve, and that Man in the white Coat and white Wig, (Sugden) came in with the Constable , and said he had lost so much Money, and right or wrong he would swear to the Prisoner. I was there when the Man came in first and the Prisoner was not then in the House, but came in a Quarter of an Hour afterwards. He might as well charged me as her. I did not see him pull out any Money, neither did I hear any Cry of Murder, but there was something of a Noise above-Stairs, and then I went out.
Edward Lyon . I have known the Prisoner from a Child, and she always behav'd very honest and well: She liv'd a little while ago with a Gentleman in Goswell street, who makes Black Puddings and she came from thence with a very honest Character. Acquitted .
Guilty, 10 d.
51, 52. Thomas Pinks , and Stephen Jenkins , were indicted with Thomas Overton , for stealing a piece of leaden Pipe, and 150 lbs. wt. of Lead, fix'd to a certain House belonging to William Lord ; Nov. 26th ,
All Guilty .
Guilty, 10 d.
54. Henry Atterbury , was indicted for stealing (after the 24th, of June, 1731 ) 40 lbs. wt. of Lead, val. 3 s. belonging to Sir John Robinson , Bart. fix'd to Sheffield House ; December 20th , Guilty .
Mr. Hurt. I was abroad when the Affair happen'd, and when I came Home, there was a great Mob about my Door, and I was inform'd that the Prisoner had broke my Shew-glass. Upon that I examin'd the Shew-glass, and miss'd a Silver Coral, and a Pair of Silver Salts.
Edward Gilbert . I was coming by Mr. Hurt's Door, between 6 and 7 at Night, and saw the Prisoner's Hand in the Shew Glass. I saw him take out a Coral, upon which I laid hold of him, and he then flung the Coral away. I did not see any Salts, but he had the Coral in his Hand, and I saw him take it out of the Glass.
Prisoner. I was coming along and picked the Coral off the Ground. Guilty .
Elizabeth Hardy , who was convicted in August Sessions last, of Burglary, having received his Majesty's Mercy on Condition of Transportation for 14 Years , she was brought to the Bar and received Sentence accordingly.
The Trials being ended, the Court proceeded to give Judgment as follows :
Received Sentence of DEATH, 7.
To be WHIPPED, 5.
TRANSPORTATION for 7 Years, 28.
Eleanor Morgan , Thomas Friend , George Laan , Mary Rice , John Jenkins , William Brown , Moses Davis, John Vincent , Matthew Bentley , Mary Shambler , Matthew Simpson , Henry Atterbury , Geo Lander , Ann Day , Elizabeth Price , Samuel Oldbury , Benjamin Low , Samuel Phillips , John Hinds , Wm Wells, Wm Tilly, Tho Overton , Joseph Pink , John Low , Henry Albut , Daniel Redrup , Mary Simmonds , and Mary Scot .
TRANSPORTATION for 14 Years, 1.
Elizabeth Hardy , who was convicted in August Sessions last, of Burglary, having received his Majesty's Mercy on Condition of Transportation for 14 Years , she was brought to the Bar and received Sentence accordingly.