WEDNESDAY the 28th, THURSDAY the 29th, FRIDAY the 30th, of APRIL, SATURDAY the 1st, and MONDAY the 3 d, of MAY.
In the 15th Year of His MAJESTY's Reign.
NUMBER IV. for the YEAR 1742.
BEING THE Fourth SESSIONS in the MAYORALTY OF THE
Printed and Sold by T. PAYNE, in Bishopsgate-Street, near the South-Sea-House. M,DCC.XLII.
Where may be had any of the former Numbers in this Mayoralty.
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; the Right Honourable the Lord Chief Justice LEE; Mr. Baron REYNOLDS ; Sir JOHN STRANGE , Knt. Recorder; Mr. Serjeant URLIN, Deputy-Recorder, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal Delivery of Newgate, holden for the said City and County of Middlesex.
1. 2. + Samuel Wood , and Thomas Craycroft , of St. Mary Whitechapel , were indicted for assaulting Edmund Smith , in a certain Field and open Place near the King's Highway, putting him in Fear, and taking from him a Silver Watch, value 4 l. and 4 s. in Money , October 18th .
They were a second Time indicted for assaulting. Robert Rumley , in a certain Field, putting him in Fear, and taking from him a Silver Watch, value 5 l. the Goods of Thomas Bartrup , and 15 s. the Money of the said Rumley .
Edmund Smith . On Sunday the 18th of October last between 7 and 8 at Night, I was met just on this Side the Back of the Bowling Green , in Stepney-Fields , by two Footpads, who stopp'd me, and demanded my Money. They took from me my Watch, and 4 or 5 s. in Silver, or something more, and then made off towards Ratcliff. It was a very dark Night, and I was very much frighted, so that I can't say that I know any Thing of the Persons. My Watch was afterwards offer'd to pawn to Mr. Warner, in King-Street, near Tower-Hill, and after making some Enquiry, I found it there, and had it again.
- Cresswell. I live with Mr. Warner. On the 20th of October, the Prisoner Wood brought this Watch to our House to pledge. He ask'd a Guinea upon it, and accordingly had it. About three Days afterwards he came for the Watch, and had it out again. On the 27th of October he brought it again, and had a Guinea and half upon it, and he never came to enquire for it afterwards.
Pris. Wood. I bought this Watch at a public House: I humbly recommend it to your Consideration, that if I had stolen the Watch, I should not have pawn'd it in my own Name, and in my own Neighbourhood.
Jury to the Prosecution. Are the Prisoners like the two Persons who robb'd you?
Mr. Smith I can't pretend to say that I made any Remarks of them.
Robert Rumley . On the 23d of October last, between eight and nine in the Evening, I was stopped by two Men arm'd with Horse-Pistols, in the large Field adjoining to Whitechappel-Mount . They made Use of a great many Oaths and Imprecations, and demanded my Money. I gave them about 15 s. and a Silver Watch, whichThomas Bartrup , the Maker Graham, No. 101. These Men in Stature exactly answer'd the Prisoners; the short Man was in blue grey, he had on a Pair of red Breeches, and I think he was mask'd, for I could not see his Countenance. The other Man had a light coloured loose great Coat, and a light colour'd Wig, and was not mask'd, but I could not distinguish his Face. I advertis'd the Watch, and about three Days afterwards it was brought to me by Mr. Jacobson.
- Jacobson. On the 24th of October, Samuel Wood brought a Watch to my House, and desir'd to have a Guinea and a half upon it. I asked him where he liv'd? he said, he was a Midshipman belonging to the Greenwich Man of War, and appearing handsomely dress'd, I lent him the Money upon it. I happen'd to be at the Coffee-House the Tuesday following, and saw this very Watch advertis'd, and next Morning I carried it to Mr. Finch's in Lambard-Street, according to the Direction in the Advertisement.
Pris. Wood. According to the best of my Remembrance, this Gentleman said before Mr. Deveil, that he took my Name down, and where I liv'd, and when he found the Watch was stolen, why did he not send and secure me?
Jacobson. I took no Account where he liv'd: he told me he came up to Town with the Lieutenant to see after some Men who had run away from the Ship.
Alice Richard . The Prisoners being arrested, they sent me with another Woman to fetch the Watches out of Pawn. Craycraft desired Mrs. Carter to give a Letter to this Gentleman. I saw him deliver the Letter to her; it was seal'd up, and the Purport of it was, to desire the Gentleman to let us have the Watches, by the same Token, that one of the Prisoners had fetch'd a Hinger out of Pawn about a Week before. Craycraft said one of the Watches was his, and the other Mr. Wood's, and he hop'd the Pawnbrokers would let them be sold for more Money, or else buy them themselves. We went according to their Direction to these Pawnbrokers; but one of them had carried the Watch home that was pawn'd with him: and the other Pawnbroker refused to deliver his to any Person but the right Owner.
Richard. We carried two Letters, one to each Pawnbroker.
James Barnes . I am an Officer and arrested the two Prisoners for a Debt which they had contracted. I kept them at my own House the twenty-four Hours, which I had a Right to do, and then I was for carrying them to Prison. They told me, they had some Watches and lac'd Waistcoats in Pawn, and desired me to keep them a Day longer at my House, that they might sell them, and make it up with the Plaintiff. They had no Money, so I ask'd them what they would leave me for what they had eat and drank at my House? they said, they had a Brace of Pistols which were lock'd up in a 'Scrutore in their Lodging, but the Landlord would not let me have them. I then carry'd them to Goal, where they remain'd about six Weeks, and then were discharged. After this, Mrs. Richards fell out with them, and inform'd me of a Letter which she had carry'd concerning some Watches, and Jacobson telling me where he had deliver'd one of them, I found out the Prosecutor, who gave me an Account of his being robb'd. Upon this, I got a Warrant against the Prisoners, and they immediately flew from the Place which they frequented in Wild street, to Deptford, where I took them. I call'd Wood into a Corner, and ask'd him whether he had not better save his own Life and make a Discovery? He told me, he could not hang two, for what Robberies he had committed, were with Craycroft alone.
- Rose. On the 7th of March, Mr. Barnes and I went to Deptford in Pursuit of the Prisoners, and on Monday Morning between 9 and 10 o'Clock, we were waiting in a Yard, and saw them go by the Door. We went after them and took them into a Public-house. Barnes took Wood into a Corner of the Room, and ask'd him if any Body else was concern'd with him, and he said, he never was concern'd with any body but Craycraft.
Wood. Did you find any Thing upon us when we were taken into Custody?
Thomas Cleeve . I have very little Knowledge of either of the Prisoners, but I went with Wood's Father to Mr. Rumley, and he said, he was very sorry he was put on to prosecute, for he would rather have lost all the Things.
Mr. Rumley. Wood's Father and this Gentleman desired me to be as favourable as I could. I told them I could not, but must speak the Truth according to the best of my Judgment.
For Craycroft no one appeared.
Wood guilty Death . Craycroft acquitted .
Isaac Singer . I lost two Weather Sheep on the 9th of January last, out of my Fold in the Parish of Harmonsworth . My Shepherd came to me in the Morning in a great Hurry, and told me he miss'd two Sheep; they were mark'd R S on the near hind Hip. I ask'd him if he was sure that he had them in the Fold? He said he was, because as he was driving them along, a piece of a Bush stuck in one of them, and this very Sheep was one that was lost. He likewise told me that he saw 3 Men go by the Fold over Night, upon which I went to Sir Thomas Reynolds , and got a Warrant to search the House of * Joseph Pigg : Just as we got to Pigg's Door, and Chance came out of the House and ran away. We went up Stairs, and in the Chimney corner I saw something cover'd with a sort of a Rug; I pull'd the Rug away and found my two Sheep-skins, and on putting the Skins away I saw a couple of Butter Firkins, in which were the Blood and the Guts. After that, I search'd a little Closet, and found a whole Carcase wrapp'd up in a Cloth, and another cut into Quarters. The next Day I sent 5 or 6 Men and Horses after the Men that ran away; they took Pigg and Chance, but the Prisoner has escap'd 'till now.
*Pigg was tried for this Fact last Sessions and convicted.
James Tillier . My Master lost two Weather Sheep, and we found them in Joseph Pigg 's House; I am sure the Skins were his. I saw Pigg, Chance and the Prisoner go by the Fold about 4 in the Afternoon; they look'd very hard at me and I at them, and took particular Notice of them. The next Morning I went into the Fold among the Sheep, and miss'd two, one of them had a Bush upon him, and which I pull'd off over Night.
Jeremiah Chance . John Carpenter , Pigg and I took two Sheep out of a Fold; I can't say whose Fold it was, but we saw a young Man sitting by it over Night, to the best of my Knowledge it was this Man ( Tillier ) I can't tell when this was, but I remember it was the Night before they came to search Pigg's House. I gave Pigg a Shilling to fetch some Bread and Beer, and he went to an Alehouse, but came back again without it, and told his Wife they were coming to search. I was then cutting out one of the Sheep in a little Closet, and his Wife desired me to stay and not leave her alone. She gave me some Carpenter's Tools to carry out, and I dropp'd them at the Door, and met a great many People coming to search for the Sheep. I walk'd pretty leisurely 'till I got past the People; and when I got out of Sight I ran, and made the best of my way for Staines, and as I was going across the Moor, I met with Pigg, and we went together to one Clements's, at Grubb's Hill in Surrey, and Carpenter the Prisoner came there to us. I can't say that I remember any particular Discourse between us, but Pigg went on the Sunday following to see his Wife and was apprehended for this Fact.
A Witness. The Prisoner's Friends liv'd at Staines: I put him Apprentice myself, and never heard but that he was an honest industrious Fellow. His Friends are as honest People as ever were born. Guilty , Death .
John Dalton , Dec. 25 .
John Dalton . I lost four Sheep, two on Christmas-Eve, and two the Night before. I afterwards found the Skin of one of them hung upon a Cherry-tree, but the Fat and Carcase were gone. I likewise found the Skin of another in another Ground, and the Head with it.
Jeremiah Chance . I can't say from whom we stole these Sheep, but on Michaelmas Eve, Nat. Millis, Carpenter and I went and met Pigg, and going along, Carpenter and Millis went into a Barn, and took two Sacks, after which we went to Staines, and took two Sheep. This was on Michaelmas Eve and I never had been there before, but I remember we went over a sort of a Stile, and into a Ground by a Hay-rick.
Dalton. I believe they drove the Sheep in there, for the Blood was run into the Ground, and one of the Skins was buried in the Hay.
Q to Chance. Are you sure the Prisoner was with you on this Errand?
Chance. Yes, we fetch'd three Sheep up, and to the best of my Knowledge there was one Bell Sheep among them. We catch'd a couple, and that which Carpenter had was not a very good one, so we let it go, and took another. I think likewise there was a Black Sheep among them.
Dalton. I had one Bell Sheep and a Black one among mine.
Guilty , Death .
Thomas Wigans . I lost a Weather Sheep out of Poplar Marsh , and Mr. Grainger a Carpenter, informing me that he had found some Wooll in John Poor 's Lodgings, I had him taken up, and carried before a Justice, who admitted him an Evidence against the Prisoner. As to the Prisoner, I can't say any thing against him, only that we found two Skins in his Vault, but I can't swear them to be mine.
Arthur Grainger . The Prisoner is a Tenant to me at Limehouse. I sent a Man to clean out a House of my Brother's which was empty, and he informed me that the Boards were pull'd down between that House and the next, so that a Man could go out of one House into the other. He told me there was some Wooll, and part of a Hide, but he could neither make one thing or t'other of it. I ask'd him how long he thought it might have been taken off the Sheep ? He said he could not tell. Upon this I acquainted the the Butchers in the Butcher row of this, and we appointed to meet hard by Limehouse Church. The Prisoner generally was out in the Day Time, so Mr. Wigans and I went into the empty House to view the Skin, but we could not make any thing of it by the Marks. We then got a Candle and look'd down the Vault of the empty House, and saw a Sheep-skin at the Bottom of it. After this we got a Warrant from Justice Jones, and went to the Prisoner's Lodgings, designing to search there, and accordingly I endeavour'd to go into one Room, but a Woman who was there refus'd to let me come in. I then went up Stairs, but finding nothing, I came down again, and pull'd back the Spring Lock of the Room Door, into which I had been refus'd Admittance, and went in: there I saw three Parts of five Sheep cut out; this was in the Room on the Ground Floor. I likewise search'd a Cup-board on the Stairs, and found a parcel of Fat, which I suppose belong'd to the Sheep that were cut out as I have mentioned.
John Poor . On the 17th of April, the Prisoner desired me to go down with him into the Marsh at Poplar. It was between 9 and 10 at Night, as near as I can guess. He laid a Plank over the Ditches, and we by that means got into the Field. He then caught a Sheep and kill'd it, after which he took out the Guts and ridded the Fat and put it into a Bag. After that he cut the Sheep in halves, and put one half in one Bag, and the other half in another. Then we went over the Plank again and brought it Home.
Q. What did he do with the Skin?
Poor. I can't tell, I did not see him skin it. He carry'd the Sheep Home and put it down on the Floor in the lower Room. He then try'd the Fat in an iron Pot, and went out with Ann Macdonnald to sell it.
Q. How came he to take you with him to steal this Sheep?
Poor. I help'd him to carry it Home: I was a little in Liquor, and he persuaded me to go down into the Marsh with him to take a Sheep.
Q. How do you know that the Prisoner went to sell the Fat?
Poor. He told me he would. I know this was Mr. Wigan's Sheep because he miss'd it out of an enclosed Place where he puts his Sheep.
Jury. I think he says he went over the Ditch into the Marsh, where was he when the Sheep was skin'd that he did not see it?
Poor. It was not skin'd there, but carried home in the Skin; he cut it in two without skinning.
Poor. I had no part of any Money except what the Fat sold for
Pris. I never ask'd him to go with me; it was his own Proposal.
William Rogers . I am Marsh-man, and I look after the Marshes for a great many Butchers. I saw the Meat in the Prisoner's House, but the Skin was so bad, that we could not make any Thing of it. There was a good Shoulder, and there was a Leg and a Loin that lay in the Hole and stunk; this was about 3 Weeks ago, and the Day after we miss'd the Sheep.
Pris. This Thing that he charges me with, I did not steal it, I found it by the Shipwright's Yard, just by Limehouse Causeway.
Guilty , Death .
5 + Elizabeth Powel , of St. Martin in the Fields , was indicted for stealing a lac'd Mob, val. 1 l. 2 Linnen Aprons, val. 4 s. a silk Handkerchief, val. 2 s. a Case of Instruments, val. 4 s 28 Portugal Pieces, val. 43 l. 4 s. a 2 Guinea Piece, 9 Guineas and 15 s. the Goods and Money of Martha Hammers , in her Dwelling house , March 29.
Martha Hammers . On the 29th Day of March last, the Prisoner robb'd my House in Hungerford-Market , of a Mob, 2 Aprons, and several other Things mention'd in the Indictment, and about 50 l. in Money. They were taken out of the Drawers in my Bed-chamber. The Prisoner had been my Servant about nine Months before, and I did not mistrust her 'till I was informed by one Mary Hutchinson that such a Person had such and such Things which I knew to be mine. Upon that I went to seek after them. I took the Prisoner up and carry'd her before Justice Copeland in Surrey, where she own'd the Fact and sign'd her Confession?
Q. Have you any other Knowledge of her taking these Things but by her Confession?
Hammers No; the Prisoner was search'd in the Watch-house by the Constable's Orders before she went to the Justice's, and there were found upon her a 3 l. 12 s. piece, two 36 s. pieces, a Guinea and 2 s. the rest of the Money was taken from another Person whom she gave it to, and who is a Prisoner in the King's Bench, his Name is Loveit.
Q. How came you to know it was in his Hand?
Hammers. Ann Robinson told me she had deliver'd the Money to him. When this Money was taken from the Prisoner, she told me I might say what I pleas'd, but she never wrong'd me in her Life, but she had my Cap upon her Head at that very Time.
Ann Robinson . The Prisoner and I lodg'd together in East Smithfield. On Monday about 6 o'Clock, - I can't tell how long ago it was, but I got up and let in the Prisoner. She had been out all Night, and she told me she had got her Money from her Mother in Law. She shew'd me a great many pieces of Gold in a little Trunk; they were very large pieces, and there were a great many of them. She went out and bought herself some Things, and then bought me a Gown, a pair of Stays, and a pair of Shoes, and made me a Present of them.
Mary Hutchinson . The Prisoner went out between 7 or 8 on the Sunday Night, and said she was going to her Mother's to receive 20 l. that was left to her: I believe it was about a Month ago. She came Home between 5 and 6 next Morning, and this Woman (Robinson) let her in. She said her Mother refus'd to let her have the Money, but her Father had taken the Pocket Apron out of a Drawer and had given it to her. She likewise said she had got four Guineas, but I saw none, only some Silver and Half-pence, and a Case of Instruments; I am no Judge of Instruments, but it was a pretty large Bath-metal Case, and she shew'd me besides, a clasp Knife and a Bath-metal Thimble.
Joseph King , Constable. I saw the Things in this Bag taken from the Prisoner in the Watch-house. I had one 3 l. 12 s. piece, and two 36 s. pieces, a Guinea, 2 s. a lac'd Mob and this Instrument-case from the Prisoner herself; the rest of the Things I had from Beaumont Loveit .
King. These are all the Things that I have. This Mob was deliver'd to me in the Watch-House, but there was such a Hurley Burley , that I can't tell from whence it was taken, but the Prisoner gave it to me, and she was bare headed. She gave all the rest of the Things to me, and said there was all she had left of her Mistress's Mone, and that Beaumont Loveit had taken the rest from her. Upon that I took my Staff, and went directly to Loveit's; - he is a Bencher by the Marshalsea. I knock'd at the Door and ask'd him for the Money: he told us, his Girl had burnt the Trunk which it was in; but he pulled down a little Box like a Chest of Drawers, and produc'd this Money. I told him he had better return it; but he refus'd
Prosecutrix. This Mob and Instrument Case are mine, and were lost out of my House with the Money. The Prisoner confess'd when she was at the Watch-House that she had conceal'd herself in my House all Night, and that the Money which was taken from her was mine.
Q. When did you see your Money last before you miss'd it?
Prosecutrix I saw it that very Day in the Child's Trunk in my Drawer.
Hutchinson. This is the same Instrument Case that the Prisoner shew'd to me.
Mr. Anderson. I went with Mrs. Hammers in quest of the Prisoner to her Lodging, but she was gone out. We were very industrious in enquiring after her at several Places, and at last we took her in Kent street, and carry'd her before the Constable in the Watch-house, and upon searching her, these Things were found upon her. When this Money was taken out of her Pocket, she said that was all the Money she had: I ask'd her what she had done with the rest? for it was but two Days after the Robbery, and there was 60 l. 9 Shillings lost in all. Robinson inform'd me, that the Prisoner had given the rest of the Money to Beaumont Loveit . I then applied to Mr. King for Assistance, to go to Loveit, and we accordingly went to him. I desired him to deliver the Money to the Constable, but he refus'd for some Time; at last he agreed to go with us to the Watch-House, and did deliver the Money in the Prisoner's Presence.
John Hodder , Watchman. On the 31st of March, between 10 and 11 o'Clock, Mrs. Hammers and Mr. Anderson came in a Coach to the Watch House, and ask'd for the Constable. I told them my Master King was gone into the Borough and so my Fellow Servant and I went with Anderson, and took the Prisoner in the Boot Alehouse. She made her Escape from us, and got into Boot Alley, and there we took her again, and brought her to the Watch-House. We found in her Pocket a 3 l 12 s. piece, a 36 s. piece, a Guinea, and some Silver, and the Mob was upon her Head when we put her into the Cage, but she afterwards took it off, and gave it to Mr. Anderson. We then went to Loveit's, and he brought the rest of the Money to the Watch-House.
Pris. Loveit and this young Woman got me in Liquor, and they both held together to take the Money from me as soon as I had got it.
Guilty Death .
Pinner guilty ; Wilkinson acquitted .
8. , of St. Martin in the Fields , was indicted for that he not having God before his Eyes, &c. on the 15th of April , on John Gilchrist , in the dwelling House of John Naydon , did make an Assault, and with both his Hands, to and against a certain Chair and a boarded Floor, the said Gilchrist did throw, and with both his Hands, divers Times on the Belly of the said Gilchrist did strike, giving him several mortal Bruises, of which he languish'd to the 16th of the same Month, and then died .
He was a second Time charg'd by Vertue of the Coroner's Inquest for Manslaughter.
Hugh Heap I was in the Room when the Thing happen'd; it was on the 15th of April, the Deceased came into the Room where the Prisoner was drinking, with a Pretence for some Salt, and he accordingly went to the Salt Box to take some out, which I believe was with a full Intention to quarrel with the Prisoner. There were some Words between them, and the Prisoner got up and gave Gilchrist a Push towards the Door, and bid him get out of his Company. Gilchrist then came back again, and the Prisoner a second Time desired him to quit his Company; upon that, Gilchrist hit the Prisoner a slap on the Face; they immediately clos'd, and fell on the Floor together. They had three Falls in the whole, one of them was over a Chair, and in the last Fall, some how or other, Gilchrist got the Prisoner's Finger in his Mouth, and bit it, and the Prisoner endeavouring to disengage his Finger, had his Thumb bit too. After this, they both got up; the Prisoner went home with his Mother, and the Deceased sat down in a Chair in the same Room 'till he return'd. The Prisoner (when he came back) offer'd to call for a Tankard of Beer to drink Friends with Gilchrist, but they did not drink together that I saw. Mr. Gilchrist about 9 or 10. Minutes afterwards, complain'd that he was sick, and went home with a Neighbour.
C. How long did he live after this?
C. Did you see any Bruise upon him?
Heap. I did not see any thing that could hurt either of them.
C. You say when Gilchrist came into the Room for Salt, the Prisoner gave him a Push ?
Heap. I believe he came with a full Design to quarrel, for by enquiring afterwards, I found he had nothing to eat with his Salt; besides they had Words before, and the Prisoner had left his Company the same Day. Neither of the Pushes could hurt him, and he was not hurt by him to the best of my Knowledge.
Pris. Q. Was there not a Sash Door going into the Kitchen, through which Gilchrist could see whether I was there or not?
Pris. Q. Did I desire him to go out of the Room.
Heap. Yes; he gave him those Pushes, and desired him to walk out of the Room, for he did not care to keep him Company. I heard the Prisoner declare (the Day before this happen'd) to Gilchrist himself, that he never would come into his Company again if he could help it. I have known the Prisoner some Years, and never knew him quarrel with any Body before. As to Gilchrist, here are People that knew him better than I. I never saw him but 3 or 4 Times in my Life, and never drank with him.
Thomas Hayes . It happened on the 15th of April last, I went to this Heathcock Alehouse in the Evening as I usually do, and in the Kitchen there are few but Neighbours come in. There is a Sash-Door which parts it from the public Room. When I had been there about a Quarter of an Hour, the Deceased opened the Door, and came in: he push'd between the Company, and went directly to the Salt Box. As he was going back again, the Prisoner told him he was a Scoundrel, and gave him a Push on the Elbow, such as would not knock down a Child of a Year and half old if it could stand: he bid him get out of hit Company, and repeated his Push, and presently after that, they said Gilchrist struck the Prisoner, but I being behind, did not see the Blow; however, they presently clos'd, and threw me, Chair and all down to the Ground. They got up again, and the Deceas'd fell against the Table, and from thence a-cross a Chair.
Q. Did you see the Prisoner do any Thing to him when he was down?
Hayes. No, the Prisoner bid him get up, and said he scorn'd to take any Advantage of him; accordingly the Deceased did get up, and they clos'd and fell a second Time upon the Floor, the Prisoner uppermost: there were no Blows that I perceiv'd, and I was as near as any body could be. They were not down a quarter of a Minute, but they got up and clos'd again, and fell a third Time, the Prisoner uppermost again. Then Gilchrist got the Prisoner by the Finger, and in loosing that, he bit his Thumb, and then they both got up again.
Counc. Did you not see any violent fighting and Blows ?
Hayes. No, only hugging one another and falling.
Counc. Did not the Deceased come with Violence against the Table?
Hayes. Yes; they both came against the Table.
Pris Q. Had the Deceas'd any Occasion to come into that Room at all?
Hayes. No; for I ask'd all the People of the House whether he had any Thing to eat, and he had not. I can't say what his Pretence was for coming in, but I really believe it was to quarrel, because he peep'd over the Curtain to see if the Prisoner was there. I have known the Prisoner from his Cradle, living in the same Neighbourhood: I never saw him quarrel in my Life, but he behav'd always civilly. As to Gilchrist, when he was in Liquor, there was not an iller Temper living, and they tell me, he had not been sober 2 or 3 Days, and he seem'd to me to be a little in Liquor then.
Pris. Q. Do you apprehend any Hurt could proceed from those Falls?
Hayes. No, I don't apprehend there was the least Damage in the World.
Isaac Smith . I believe Mr. Gilchrist was the first Occasion of this Quarrel, because he open'd the Door, and came into the Kitchen. He went directly to the Salt Box, took some Salt, and in his Return back, stood facing me and 2 or 3 more who sat on the same Bench. The Prisoner said, get out of my Company, what do you follow me for? you Scoundrel ! He was then sitting on his Seat, and told Gilchrist if he would not go out, he would shove him out, and he then gave the Deceased a Push and he fell into a Chair. The Prisoner again bid him go out; he said he would not, upon which he gave him another Push, and he fell down again. The Deceased
again, and I parted them, after which I saw no
Counc. Did the Prisoner seem to have any Prejudice against the Deceas'd?
Smith. None at all, but the Prisoner, as I was told, absconded his Company that Day in the other Part of the House, and went into the Kitchen to shun him. I saw no more than one Blow, because I had hold of the Prisoner's Mother, and I did hear one or two more, but I did not see them.
Counc. Did you hear the Deceased make any Complaint ?
Smith. He made no Complaint at the House, only cryed out, he has hurt me. I went home with him, and carried him up Stairs, and sat him in a Chair by the Bedside. He told me his Belly was hurt, and he liv'd after this between 25 and 26 Hours.
Pris. Q What do you apprehend he went to get Suit for ?
Smith. I don't apprehend he had any Occasion for it, but that he came in on purpose to quarrel. I have known the Prisoner about a dozen Years, he always behav'd well, but he was not sober at this Time. As to Gilchrist, he was when sober, a peaceable, good-natur'd Man, but when he was fuddled, as bad as bad could be, and he was then very drunk.
Wm Bridges . I was one of the Company, and was drinking in the Room when the Deceased opened the Door and came in. He went directly to the Salt-Box, and turn'd back and look'd at us all; upon which the Prisoner said, get out, you know I will not be in your Company, and gave him a slight shove, and push'd him against the Door. - not in such a Manner as to hurt him Gilchrist ask'd him, what he meant? and then the Prisoner gave him another shove; with that, Gilchrist struck him in the Face, and they clos'd together, and fell against the Table, the Table, they fell a-cross a Chair. prisoner bid him get up. for he would take age of him. Gilchrist accordingly got they had another Tustle, and fell on together: they got up again, and and I was not apprehensive that would ensue. They fell a third Time, and then the Deceased got the Prisoner's Finger in his Mouth, and made him cry out, and in endeavouring to disengage it, the Deceased bit his Thumb.
Counc. Was there no Violence us'd?
Bridges. No more than is generally us'd in fighting.
Counc. When the Deceas'd was down, did not the Prisoner knee him or beat him?
Bridges No, after it was over, he sat in a Chair, and hung down his Head; and then went to a Bench, and lay all along and groan'd. Several People there desir'd him to go Home, and at last Mr. Smith, and one of the Drawers carried him home.
Counc. Before he was carried home, did he not complain of having receiv'd hurt?
Bridges. He complain'd that he was not well, - to the nearest of my Thought. I can't say how long he liv'd after this, but I heard next Night that he was dead.
Pris. Q. Do you think the Deceased's real Design was to get some Salt?
Bridges. I believe it was to quarrel, for we enquir'd whether he had any Thing to eat with that Salt, and we found he had not. I heard that there had been Words between them, and that the Prisoner would not be in his Company if he could help it.
Pris. Q. Could Mr. Gilchrist see over the Sash-Door whether I was in the Kitchen?
Bridges. Yes, he was tall enough. The Prisoner bears a very good Character, and is a peaceable, inoftensive Man: As to the other, I apprehended he was in Liquor at that Time.
- Jones. I was Journeyman to the Deceased, and was at Home when he was brought in. He was set down in a Chair in the Shop, and he said, he had received his Death that Night, and cry'd out that he was murder'd, but did not say by whom. He seem'd very much disguis'd in Liquor when he was brought in.
Counc. Was he not sober before he died?
Jones. I can't tell that. He was brought in about a quarter past ten at Night, and died about twenty-four Hours afterwards.
Mary Bineham I was a Lodger in the Deceased's House, and saw him when he was brought home The first Word he said when he came in was, that he had got his Death's Wound. He was very much in Liquor, and said sometime afterwards, that he receiv'd it from the Prisoner. I was frequently with him 'till he died, and he said it was a sad Thing for a Man to be murder'd
C. Was he sober when he died?
Bineham I really can't say whether he was sober or not, for he never had any Rest from the Time that he came into the House.
Counc. What Character had the Deceas'd? was he very Quarrellonic ?
Bineham. Not that I know of; - he was a good-natur'd, honest Man.
- Allen. I was not in the Deceased's House when he came Home, but I saw him after the Quarrel. He sent for me 3 times before I went to him, but at last I did go to him; it was then a little after 11 o'Clock, and he was in his Bed. I found him very ill, crying out, my Belly! my Belly! I ask'd him what was the Matter, and he said he was kill'd by H - J - I ask'd him how it happen'd? he told me, ''He went in to '' fetch some Salt for Billy Nind , and as he came '' back, the Prisoner got up, call'd him Scoundrel, '' and ask'd him what Business he had '' there, and gave him a Shove''. He said, '' They went to fighting, and when he fell '' down, the Prisoner knee'd him.'' I staid there 'till the Surgeon came, and saw him let Blood, and was with him most part of the next Day.
C. Was he sober?
Allen. He was in Liquor when I first saw him, but was very sober the following Day: He gave me this Account at Night, and repeated it again to me the next Day when he was sober.
Pris. Q. Was Mrs. Bineham there at the same Time with you?
Allen. I can't say; she was there several Times afterwards.
Pris Q Will you take upon you to say that at eight, the Morning the Man was sober?
Allen. Yes, I dare say he was.
Mr. Small. Surgeon. I was call'd to attend the Deceased the 15th of February. He complained of extreme Pain in his Bowels, and seem'd then to be pretty much in Liquor. I did not know the Man, so that I could not be a Judge whether it was the Liquor, or the Agony of the Pain; for the Agony was so great, that when I went to open a Vein in his Arm, he could not bear to be stirr'd without complaining.
I visited him next Morning, and he then appear'd to be in a dangerous Way. I informed another Surgeon of my Name, of the Condition I found him in: and desired him to go and see him; he accordingly did, and we declared him to be in imminent Danger. I saw him again in the Evening, after which I saw him no more 'till he was dead.
C Was he sober when you saw him the next Day?
Mr. Small. He gave distinct Answers both Morning and Evening to what Questions I put to him, and such as I think a sober Man would give; but I did not ask much about the Thing of him, because the By-standers are much sitter Persons to tell that.
C. Did he give you no Account?
Mr. Small. Yes, he said a Man with his Knee (I think he express'd it) stamp'd upon his Belly. I open'd his Body in the Presence of two or three Surgeons We found no external Bruises, but the Guts were broke in two different Places, which I apprehend proceeded from a violent Cause, either from a strong Pressure on his Belly, or a violent Blow. As the Man had been drinking, as I heard, for some Days before, the Gut might have been pretty much distended with Liquor, and any Thing of a Pressure or violent Push, might so far drive that Liquor from one Side to another, that where any Hindrance happened it might break the Guts through.
C. Is it a usual Thing when the Intestines are not diseas'd, that they should burst without leaving an outward Mark ?
Mr. Small. It is a very unusual Thing, and the Surgeons that were present, were of Opinion that such a Thing might not happen again in an Age There was no Sign of an Inflamation where they were broke, much less or Mortification, for they seem'd to be as good Order there, as in any other Part.
John Maynard . I live at the Heath Cock. On the 15th of April, the Prisoner and Mr. William Nind came in and sat down in one of the bo; this was between 3 and 4 o'Clock, and Mr. Gilchrist was then in the Kitchen. He went but in a short Time with Mr. Smith, and sat in the same Box where the Prisoner and Nind were drinking. They call'd for a Tankard of Beer, and I drew it; Smith paid for it, and went away; then Gilchrist began to quarrel with the Prisoner, and said, D - n you, you Dog, I will fight you now, or at any time; I will kill you. The Prisoner told him he would not have any Thing to say to him, and would not keep him Company. Gilchrist then took the Prisoner
John Lambert I draw Beer at the Heath-cock, and remember the Afternoon that the Quarrel happen'd. The Prisoner and Mr. Nind were at out House together between 3 and 4 in the Afternoon. The Prisoner made an Officer to go into the Kitchen, but seeing the Deceased there, he drew back, and said, Gentlemen, I beg Pardon. They then went into the other Room, and call'd for Beer and Tobacco. When they had been there about half an Hour, the Deceased went out, but soon return'd with Mr. Smith; and went into the Box where the Prisoner and Nind were drinking. Smith said the Reckoning and went away, leaving Gilchrist behind. Then the Deceased began to quarrel, and call'd the Prisoner Scoundrel and Villain. The Prisoner desired him to be quiet, and got up to go on, upon which Nind desired, him to stay, and then the Deceased took him by the Nose, and gave him a slap in the Face. The Prisoner never offer'd to strike him or lift up his Hand; but immediately paid his Reckoning and went out.
C. Before the Prisoner went away, did the Deceas'd use any particular Expressions?
Lambert. Yes, he said he would fight him, the Prisoner in a merry way reply'd, What will you fight meant ? Why D - you ( said the Deceased ) at Sword and Pistol, and I will not leave you alive. Gilchrist was very drunk at that Time. Between 6 and 7 in the Evening, the Prisoner and Smith came in again together, and sat in the Kitchen. The Deceased was then asleep in one of the Boxes, and did not wake 'till between 9 and 10. Then he got up and rubb'd his Eyes, and look'd over the Sash-door of the Kitchen. Observing the Prisoner there, he went in towards the Chimney for some Salt, - Mr. Nind, nor any of the Company had nothing in the World to eat. I then went down for Beer, and when I came up again, I heard a rumbling and Noise in the Kitchen. I open'd the Door and saw the Deceased strike the Prisoner in the Face. Then they collar'd each other, and fell a-cross the Back of a Chair. The Prisoner got up, and told the Deceased he would not use him ill, and I believe no Hurt could happen, for the Prisoner got up that Minute from him.
C. Did Mr. Gilchrist seem to be sober.
C. Was he apt to be quarrelsome in Liquor?
Lambert. He would curse and swear and quarrel with any Body that spoke to him. The Prisoner always behav'd well, and I never saw him quarrel.
C. How many Falls did you see between them?
Lambert Two in all; the first was a-cross a Chair, and the Gilchrist made up to the Prisoner again, but missing his Blow, run his Head against the Chimney-piece. Then they tumbled against the Side of a Table bound round with Iron. I did not see the Prisoner strike him or knee him, for as soon as they were down, one or two of the Company took them up directly.
Guilty, Manslaughter .
Guilty 10 d.
Mary Bakewell gave an Account of her letting ready furnish'd Lodging to the Prisoner, who told her that she was married and that her Husband was Butler to a Gentleman in Bloomsbury. That having some Reason to suspect the
Robert Test depos'd, that when the Prisoner came the second Night to Mrs. Bakewell's, the Key of the Room was demanded that they might see whether all the Goods were safe. That the Prisoner denied that she had the Key, but upon Search it was found upon her, and afterwards the Blanket was miss'd.
The Prisoner in her Defence, said she had been very ill us'd in Goal, by a Woman who lay for a Fine, and that she had taken her Gown from her by Violence, because she had not Money to pay the Ward dues. The Jury acquitted the Prisoner.
Elizabeth Bennet . When I was brought to Newgate , the Prisoner demanded a Shilling for Wd dues: I told her I had no Money, but if she would please to stay 'till my Friends came, I would give it to her. She said that would not do, for she must have something in Pledge. I told her I had nothing to give her but my Gown, and I was not willing to part with that; upon that she and two more fell a swearing at me, and she said she would take it off by Violence if I would not give it her. I ask'd her whether she could answer stripping People? She said, - yes, who could hinder her, and then she took my Gown off my Back by Force, and I have never seen it since. I demanded it again once since that Time; and she said she could not give it me without I gave her the Shilling. She has often desired me to take it out before I had my Tryal, or else I could not have it all.
Pris. I was made a Ward-woman by the Partners, and when I got a Shilling I always gave them 9 d. out of it, and they told me if People had no Money, I must make it, or else I must pay it myself; and as for this Gown, the Prosecutor was starving with Cold and Hunger, and pull'd it off and I lent her 7 d. half penny upon it.
Bennet. I never receiv'd a Farthing of her in my Life.
Mary Smith . I am a Prisoner, and saw the Prosecutor when she was going to pay her Dues. She said she had no Money, but she would pawn her Gown and Apron for them. The Prisoner offer'd to stay 'till her Friends came, but the Prosecutor immediately took off her Gown and colour'd Apron, and insisted on pledging them; what became of them afterwards I can't tell, but we all paid 1 s. for Ward dues, at our first coming in.
Bennet. This Woman was not in the Ward at that Time, and I never said any such Thing; besides I never had any colour'd Apron upon me.
Margaret Wheatley , I heard the Ward woman ask the Prosecutor to pull off her Gown for her Ward dues; she said she would not, but the Prisoner bid her strip, for she must have her Dues, and she accordingly had the Gown, but I could not see whether she took it off herself, for I was a-bed
Margaret Clark . I know nothing at all but that the Prisoner behav'd in a civil Manner, as ing any Person, I saw nothing of it. Bennet told me she gave the Prisoner Liberty to take her Gown, but I did not take any just Account when she said it. She never stripp'd me of any thing, but demanded Eight pence which was her due, and I paid it. Guilty .
16 Elizabeth Lyons , was indicted for stealing a Holland Shirt, val. 15 s. the Goods of Richard Page , a Linnen Shirt, the Goods of Edward Philips , and 2 Aprons, the Goods of John Botham , March 13 . Guilty .
17 + Sarah Birk , of St. Mary Whitechappel, was indicted for assaulting Robert Davis , in the Dwelling-House of John Murray , putting him in Fear, and taking from him a cloth Coat, value 15 s. a pair of cloth Breeches, val. 6 s. a Calamancoe Waistcoat, val. 10 s. a linnen Shirt, val. 5 s. a Wig, val. 21 s. a Hat, val. 7 s. 6 d. a pair of Silk Stockings, a pair of Thread ditto, a pair of Shoes, and a gold Ring , August 23 .
Robert Davis. Some time in August, I was coming from Hackney, and in Well-street , just by the Sugar-Baker's, the Prisoner push'd me into a House; - I can't tell the Day, for I never design'd to trouble my Head with her, if she had not made her Binggs that she had robb'd me. One end of th is Well-street, comes into Rosemary-Lane, the other into Rag-fair, and there the Prisoner and another Woman pick'd me up, and would have had me into a House with them, but I being unwilling, they push'd me in. It was between 9 and 10 at Night - I have belong'd to the Tower these 30 Years, and she used me very barbarcusly and threatened my Life, - there she is, and she has made her Brags that she robb'd me of every Thing, and has made me
Elizabeth Moore . I know that Man, (Davis) very well; he was robb'd in Well-street. I saw them take the Clothes away, - that Woman at the Bar was one of them. I was looking out of my Mother's Window, and saw the Prisoner go up to the Place where the Sugar Bakers put their Liquors, and put them in there.
Q. Who lives in the House where this happen'd?
Q. How do you know what the Prisoner carried?
Moore. I never saw the Clothes afterwards, but I took Notice that they were Mouse Colour.
Prosecutor. My Clothes were Mouse Colour.
Pris. Did he ever see me before.
Davis. I never saw her before she robb'd me.
Ann Lawrence . The Prisoner came to my House about a Month ago, I ask'd her where she had been? She said, she was just come out of Bridewell. My Husband told her she would certainly come to be hang'd; she said, she should not, for she would never do so any more, and Newgate had groan'd for her a great while; for sometime ago (said she) I stripp'd a Man stark naked, and sold his Clothes. What (said I) was he an old or a young Man? she answer'd, that he was a good middling working Man, but an old foolish Son of a B -
Prisoner. I lodg'd in this Woman's House, and she is an Evidence against me out of Spite.
Sarah Oakley . The Prisoner and I were talking of her Robberies, and she said, she had pick'd up a Man in some Place by Well-Close Square, and carry'd him to a Bawdy-House, where she stripp'd him of his Watch and all his Clothes, and left him naked. I ask'd her whether he was a Gentleman or a young Man? She said, he was not a Gentleman, but an old foolish Son of a B - .
Pris. They are welcome to say what they please, I know nothing of it. Acquitted .
Joseph Reeves . I am a Higler . On the 8th of March, between 9 and 10 in the Morning, I had been to Leadenhall-Market, and coming by Shoredith Church in my Way home, the Prisoner was standing at a Dram-Shop Door, and call'd me to her. She ask'd me some Questions, and then we agreed to go in and drink. She call'd for a Quartern of Gin, and after that, for a Pint of Hot, and then we went into another Room, where we stood pretty close together, and so she got the Money from me, and whipp'd out of the House. I immediately felt for my Purse, but it was gone, and I then cry'd Stop her! Stop her! but nobody did. I being a Countryman, did not know what to do, but this Gentleman, the Constable, went with me to the Justice, and got a Warrant, and came back to the House where I lost my Money. The Landlady pretended she did not know the Prisoner, and so we made further Enquiry after her, and found her about an Hour afterwards in the Vinegar Fields, and 25 s. 6 d. upon her. I am certain I had my Purse when I went into the Prisoner's Company, and as soon as she went out, I miss'd it.
- Bunch. I was Officer in this Affair. The Prosecutor came to me, and said he had been robbed over the Way, upon which I went over with him, and accus'd the Woman of the House, and ask'd her, how she could give Liberty for such Doings; she said, she knew nothing of the Prisoner, but I threatning to take her before a Justice, she confess'd the Prisoner was her Sister. Then we got a Warrant, and took the Prisoner. I ask'd her how she could be guilty of so vile a Thing, and she said, she had but 9 s. of the Man's Money; and that was given her for Favours.
- Davis. I have known the Prisoner these six Months, and better, and never have seen any Ill by her, but I have heard. - She has a very ill Character here, but I can give her none. Acquitted .
19. Sarah Olsson , was indicted for stealing four linnen Sheets, a brass Sauce-pan, a copper Tea kettle, 2 Plates, and a pair of Bellows, the Goods of Henry Benfield , in a Lodging , December, 24 . Acquitted .
21. + William Nichols , was indicted for that he not having God before his Eyes, &c. on Thomas Waldron did make an Assault, and him did carnally know, and upon him, that detestable Crime call'd Buggery, did commit and do, against the Form of the Statute, &c . Oct. 28 .
Thomas Waldron , aged 13. About the latter End of October last, the Prisoner and I lay in the same Bed in St. Martin's Work-House , and about two o'Clock in the Morning, when all the People were asleep, he used to give me Small-Beer and Bread, and then he, &c.
The Witness here gave a particular Account of the Prisoner's Behaviour, and being ask'd a Question which the Law in such Cases makes necessary, answer'd in the Negative.
Ann Waldron , the Boy's Mother, gave an Account of his Complaints; but there not being sufficient Evidence to convict the Prisoner upon this Indictment, he was acquitted , but was ordered by the Court to remain in order to be tried for the Assault.
23. + John Flanegan , of St. Dunstan Stepney , Weaver , was indicted for forging and counterfeiting a certain Promissary Note , for the Payment of 20 s. which said Note is contain'd in the Words following.Received of Capt. Geo Spurrel , the Sum of Twenty Shillings, on Account of David Richmond , which Sum I promise to pay on Demand, As Witness my Hand.
Mar. 31, 1742.
Witness John Beach.
He was farther charg'd for uttering and publishing the same, well knowing it to be false, forg'd and counterfeit .
Capt. George Spurrel . On the 31st of March last, after the Hour of twelve, I came home from the Hudson's-Bay House in Fenchurch-street, to my House on Stepney Causeway , where I found the Prisoner along with three Persons, who pretended to be Sailors I at that Time was in pretty great Necessity for Hands, and these Men agreed to go a Voyage with me, if I would lend them a Sum of Money to sit them out. The Prisoner told me his Name was Henry Miller , and that he kept the Paul's-Head in Spittle-Fields, and was ready to be bound for them. Upon that, I told him, if he would lend them the Money, I would give him my Note. He did not care for that he said, but if they wanted any thing in his Way, he would be very ready to let them have it. At last, after some Disputes, I lent them first three Pounds, and then 20 Shillings, and he wrote this Note, and sign'd it in my Presence. These Witnesses happened to be in the Room at the same Time, and saw him sign the Recepts, and receive the Money.
The Note was read (as above)
Capt. Spurrel. The Person who witnessed this Note by the Name of John Beach, had failed with me before, and had the Misfortune to lose his Right Hand, and they pick'd him up to introduce them to me.
Q. Did you pay this Money to the Prisoner?
Capt. Spurrel. Yes, he told me he kept the Paul's-Head, and I was by that means more easily seduc'd to part with my Money. I told him I should expect my Money again from him, and he promis'd to return it in Case the Men were press'd.
Capt. Spurrel. No, I was not acquainted with him, but trusted the Prisoner, thinking him to be the Man that kept the Paul's-Head, else I should not have lent him the Money.Henry Miller . There were four Pounds paid in all, and John Beach witness'd the Note, and wrote his Name with his left Hand.
Another Witness. I was at Captain Spurrell 's to receive some Wages for my Husband, and this Man, the Prisoner, brought three others with him in a Coach, and took four Pounds; three Pounds first, and then set his Hand again for another Pound. He was the Man that took the Money, and Capt. Spurrel was very loth to let him have it.
Jury. What Name did he sign the Note by?
Pris. I was order'd by Miller and his Wife to do what I did.
A Man. I am a Smith in Brown-Street, and the Prisoner was my Neighbour, I never heard no Harm of him.
Prisoner. Ask Mr. Spurrel whether he has not had some Satisfaction for this Note?
Capt. Spurrel. No, I have not.
Henry Herbert . I being Plumber to the Parish of St. Sepulchre, was employed by Mr. Haines, the Church-Warden, to go and see what Lead was stolen, and what there was for me to do, and found it cut and mangled in several Places. On Shrove Sunday we went about in pursuit of this Lead, and to no Purpose; but on the Tuesday Night following, about ten o'Clock, we went to the House of one Mr. Ball, where we happen'd to find some of this Lead cut into two and forty Pieces, which I am very well satisfied was Part of the Lead that was taken from St. Sepulchre's Vestry Room, for I compar'd them together.
Counc. How much is that Lead worth per Hundred?
Herbert. Twelve Shillings to be sure,
John Atkins . On the Saturday before Shrove-Tuesday, Fidlin, Stedman, and I, knock'd down four Cocks in the Fields, and had them dress'd at the Harrow, over-against St. Sepulchre's-Church. When we had paid some of our Reckoning, we came out, and got on the Top of the Vestry-Room belonging to the Church, and cut the Lead: When we had got enough, we carried it Home to our own Lodging in Three-Fox-Court, in Long-lane by Smithfield. On Sunday in the Afternoon, we went to Mr. Wilks's to drink, and while we were there, Mr. Boomer, and another Gentleman came to search the House. The next Morning we carried 109 Pounds of Lead to Wilks, - he keeps the George in Fleet-Lane, and I had been very well acquainted with the House before. When we came there with the Lead, we saw Wilks's Wife and Daughter, and after we had been down in the Cellar to weigh it, we drank a Pint of hot Ale and Gin, and I then desir'd Wilks to let us have the Money. He ask'd me what Money I meant? I told him I had brought in some Stuff, upon which he call'd his Daughter Bitch, for not letting him know what we had brought. I call'd him aside, and told him, we had five or six hundred Weight more, and desir'd him no have it, except he could sell it, for it might be of dangerous Consequence. He ask'd me, if we had cut it to Pieces? I told him we had not, upon which he bid us go home and do it, and he would send his Daughter with a Porter to fetch it away, and he accordingly did.
Q. How much did you receive from Wilks for the first Parcel?
Atkins. We received 1 s or 18 d. a piece then, and he us'd to give us 9 s. 4 d. a hundred: it was agreed between us some Months before, that that should be a common Price for our Lead.
C. What Place did you tell Wilks to send for it?
Atkins. We directed him to Three-Fox Court, and by his Order, his Daughter went home with us that she might find out the House again. Soon afterwards Wilks's Daughter came with a Porter, and carried the Lead away to Mr. Ball's a Plumber's; I know they went there with it, because
Wilks's Q. Suppose you had gone to a Plumber, how much should you have got for the Lead?
Atkins. Eleven Shillings a hundred or thereabouts : but any Thing of an honest Man would have examin'd us about it: I never sold any to any Signification but to Wilks, and I can't say he knew this to be stolen.
Q. When you told him you had got more Lead at Home, what did he say to you?
Atkins. He bid us go Home and cut it to pieces; I suppose for Fear it should be match'd; but he gave us no Reason for his chusing to have it cut.
Pris. Stedman. Ask him whose House the Lead was carry'd to from the Vestry Room?
Atkins. To my Father's in 3 Fox-court.
Samuel Banister . I was employ'd by Wilks to be his Porter to carry Goods out. I never carried any Lead to Ball's before this misfortunate Time. He gave his Daughter Orders to go with me, and I went into 3 Fox-court and carry'd some Lead from thence up Mr. Ball's, the other Side of Leadenhall-market. I went 5 Times in all, two on the Monday, and three on Shrove Tuesday, and his Daughter went with me and saw the Lead weigh'd. I can't justly say what the weight of it was, whether it was 5 or 600 weight, but I remember there were 6 lb. allow'd for Dirt.
C. When you were in 3 Fox-court, who gave you Directions to take the Lead away?
Banister. Old Atkins and a young Fellow with sore Eyes: My Master's Daughter directed me where to carry it. He keeps a public House and buys and sells old Iron, and I never heard him accus'd before.
Wilks Q. Did you carry this Lead in a private manner as if it was stolen?
Banister. No, I carry'd it in a Sack, and they help'd me up with it.
William Boomer , Constable; gave an Account of his searching Wilks's House, and that the Prisoners were there at the same Time; that finding no Lead there, he gave over searching 'till Tuesday Night, when he receiv'd Information that some of the Lead had been carry'd to Mr. Ball's: That he went thither and saw some pieces of Lead, and the Draught of them set down which amounted to 600 and odd weight, but he could not say that this was the Lead that came from the Vestry Room, and that afterwards he found the Prisoner Wilks's Daughter there, who he apprehended came to receive the Money for what had been sold.
Mrs. Ball. I bought some Lead of Wilks's Daughter, and paid her 11 s. 6 d. a Hundred for it.
William Duck . I have known Wilks upwards of 20 or 25 Years; he has dealt in Tar and Grease, and has serv'd People who kept Coaches and Carts. His usual Character has been that of a Bustling Man, striving to get his Bread.
Thomas Pitch . I have known Wilks these 30 Years; he was first a Bricklayer and then a Chairman; since that, I have been at his Shop and seen Iron and Brass and such Things; - I can't say I ever saw any Lead there. He has born the Character of an honest, laborious Man ever since I have known him.
- Norcott. I have known Wilks the best part of these four Years; he has dealt in Brokery ever since I have known him. He keeps a Shop, and his Scales us'd to hang out at the Door: I have seen him buy and sell Iron and Lead as a fair Trader. I am a Wheeler and live in Thames-street; I lay out a great many Pounds a Year in Grease with him.
George Field Wheeler in Tyburn-road. Mr. Wilks liv'd next Door to me for some Years: I have known him about 14 or 15 Years, but I have been little acquainted with him since he liv'd this way, though I have dealt with him for Tar and Grease. I always thought him an honest Man, and from the Knowledge I have of him, I don't belive he would buy stolen Goods.
Thomas Jones . I keep a Shop in White-cross-street, and deal in old Iron, I have known Wilks, about 3 Years, and have dealt with him for a great many Pounds. His Character I know nothing of but that it is very fair. A Penny a Pound is a common Price for a Bit of Lead, and I have bought a great deal myself for 9 s. 4 d. a Hundred.
- Beck. I can't say any thing as to his Character; I have no Dealings with him.
John Cole . I have known him 14 or 15 Years; he liv'd in my Neighbourhood in Tyburn road, but I know nothing of his particular Dealings.
Ann Parfitt . I live in Fleet-lane, and did lodge at the Prisoner's House: He buys old Iron and makes Grease, and I have known these Fellows use his House. He is not look'd upon to be an honest Man in the Neighbourhood, for they say he bus stolen Goods; that is his general Character. He kept his Scales below Stairs, and weigh'd Lead there; these Men have come all Hours of the Night to bring it.
William Boomer . I have heard of Wilks's buying stolen Goods continually, and have search'd his House and all the rest of the Lane, but I never found any thing upon him. Wilks went with me and assisted me to take the Evidence Atkins.
- Ford. I know Wilks very well, and he has the Character of buying stolen Goods.
Stedman and Fidlin Guilty 4 s. 10 d Wilks Guilty .
Guilty 10 d.
29. Patrick Donegan , alias Dowgan , was indicted for stealing a Duffell Coat, val. 8 s. a pair of leather Breeches, val. 8 s. and a linnen Shirt, val. 12 s. the Goods of James Morgan , and a cloth Cloak, val 2 s. the Goods of Ann Ruck , Feb 2 .
30, 31. + Richard Cooley , and Charles Newton , were indicted for breaking and entering the dwelling House of Nicholas Falcon , between Eleven and One in the Night, and stealing a Copper Saucepan, a Stew-pan, a Pottage Pot and Cover, a Brass Boiler, 2 large pewter Dishes, and 7 pewter Plates , March 30 .
Q. What Part of your House was broken?
Falcon. One of the Prisoners got over the Door-way, and unbolted the Yard Door, and let in the others; after which they took a Pane of Glass out of the Kitchen Window, and so got in, and took my Goods.
Q. Does your Kitchen Window open to the Street ?
Falcon. No, it is backwards, but there are some Pales over the outer Door, about eight Feet high; they got over these, and so came into the Yard. I left the Kitchen Window safe when I went to Bed, (it was fasten'd with a Hasp such as usually are in Casements) but next Morning at 6 o'Clock, when I came down Stairs, I found it open. I had over Night providentially double lock'd my Kitchen Door, so that they could not get any farther; but the Shelves were clear'd of the Pewter, and upon examining a little Closet in the Kitchen, I miss'd the rest of the Goods mention'd in the Indictment. On the Sunday following, I received Information that the Evidence Veisey was taken, and by his Directions I found some of my Goods at the Places where he and his Companions had pawn'd them.
John Veisey . The Night this Robbery was committed; the two Prisoners and I met together at Mr. Bagley's in Hartsborn-court; he sells Gin, and we always used to meet there. Newton propos'd going to this Man's (Falcon's) House, to take the Pewter, we staid at the Gin-shop 'till toward Eleven or Twelve o'Clock, and then went to this House. There is a Door in the Alley with some Pales over it like a Fence: I help'd Newton over, and then he unbolted the Door and let us into the Yard. Then Newton broke some of the Panes of Glass with his Hand; they were large Panes of Glass set in Lead. Cooley thought Newton did not do it fast enough, so he push'd him away, and broke some of the Glass himself, and turn'd the Bolt of the Window back. Newton went in first, and Cooley follow'd him, and handed out the Goods to me: there were a small Copper Pot, and Cover, a large brass Pot, 2 Dishes, a Sauce-pan, a Stew-pan, and some Plates: Cooley and I did not know the House 'till Newton shew'd it to us, we brought the Things from thence, and put them into an empty House 'till Morning, and then I pawn'd a Copper Pot and one Dish at Mr. Trofeir's somewhere by Clerkenwell, in Peter-street; and the Stew-pan I pawn'd at one Mrs. Davis's up an Alley in Golden-lane. Cooley and I afterwards went to steal some Rabbits, and I being taken for that made this Information.
Newton. Ask him over again.
Veisey. We met together at Bagley's in Harisborn-court, where Newton ask'd us to go along with him, telling us he knew a House where we might get some Pewter. We went thither and I help'd Newton over the Fence, and he unbolted
John Veisey , sen. The Evidence is my unfortunate Son. I was present when Newton was examin'd by the Justice, and the Evidence's Information was read over to him. When it was read that he got over the Prosecutor's Pales, open'd the Back door, and let in the other two, the Justice ask'd him whether it was not so? He said it was. Then it was read, - that Newton and Cooley broke the Window and open'd the Casement; and he said it was so. It was farther read that Newton and Cooley got in at the Window, and deliver'd out the Prosecutor's Goods to the Evidence, and being ask'd whether that was right? He said it was. He likewise confess'd that there was a great Brass Pot that held 3 or 4 Pails of Water, which he sold to one Cartet, for four Shillings, and he told us where Catrer liv'd, but I don't remember that. Cooley was not before the Justice at that Time so I did not hear his Confession.
Newton. Ask him over again.
[The Witness repeated his Evidence as above.]
William Garnet , Constable. I was before Justice Poulson when Newton was there, and Veisey's Information was read over to him. I took them both, and they acknowledged every Thing according to the Information of the Accomplice.
Q. When the Information was read over, were both the Prisoners present?
Garnet. No, one of them was taken on Sunday Morning, and the other afterwards. Veisey's Father was before the Justice, when the Information was read to Newton, but I don't remember seeing him when Cooley was there.
Q. What Distance of Time was there between Newton and Cooley's being before the Justice?
Garnet. I think I took Newton out of Bridewell on Sunday Morning, and on the Thursday or Friday following Cooley was taken.
[Part of the Goods were here produc'd, and sworn to by the Prosecutor.]
Newton. I have got a poor Mother and 2 or 3 Neighbours to appear for my honesty.
Cooley. I was coming along and a Man laid hold of me and carried me to Bridewell, and said Veisey) had sworn House-breaking against me and Newton, but I am innocent.
Elizabeth Newton . The Prisoner is my Son. I always was a very poor Woman, and took an honest Care to get Bread; my Child did the same, when it was in his Power. I applied to Coleman-street Parish to put him Apprentice, or fit him for the Sea, but they would do nothing for him.
Elizabeth Thomas . I have known Newton 5 or 6 Years. He us'd the Markets, and has carried Fruit for me. I have trusted him with Money and Goods to the Value of 30 s at a Time, and don't know that I ever lost a Pin by him.
John Holder . I have known Cooley 8 or 9 Years: I take him to be about 14 or 15 Years old. His own Father is dead, but he lives with his Mother, who has marry'd a second Husband. He is a Copper Smith, and works at Home. As to the Boy, I never heard any Harm of him, nor ever knew that he wrong'd any Body.
Elizabeth Delacourt I knew Cooley before he could run alone: I live next Door to his Mother, and don't know that he ever was from her. She us'd to send him to School, but since she married a second Husband, he has been upon liking with his Father.
Elizabeth Johnson . Cooley is my Son: He has had a good Education in reading and writing, and what I could afford to give him. He always staid within Doors, but sometimes he has been drawn away, and once I found him at a Place where the Evidence Veisey brought him to.
Both guilty Death .
Daniel Bean On the 14th of March last I had been into Spittle Fields, and between One and Two in the Morning as I was returning Home through Cheapside , near the Half-moon Tavern, I stood up to make Water, and then the Prisoner
Pris. Please to enquire into his Character.
Bean. I am a Silk Weaver, and live in Baldwin's Gardens, by Leather lane, at the Sign of the Cradle My Wife is a Midwife, and I have work'd for Mr. Jackson, at the Golden-Head in Moorfields, these 17 Years.
William Attley . I have nothing to say against the Prisoner, no farther then that I took him just by St. Andrew's Church in Holborn; there were 4 or 5 Thieves with him. I can't say what Time it was exactly; but I believe it was about a Fortnight or three Weeks ago; Bean was with me, and as soon as he saw the Prisoner, he said that was the very Man.
That is the Man who came up to my Father first, and the other Man who was along with him, knock'd my Father down: I remember it was the 14th of March, because my Father set it down, but I can't tell the Day of the Week. My Father and I went to see for some Money, and coming Home, the Prisoner made up to him just by the Half moon Tavern in Cheapside, and struck him on the Stomach, and the other knock'd him down with a short Staff. Then they stood over him, and threaten'd his Life, if he made a Noise, and he said they had taken 13 or 14 d. from him, I can't tell which.
Q. Did they do any Thing to him while he was down?
Bean. No, they did not strike him; they only stood swearing over him. My Father made shift to get up, and when he call'd the Watch, they came back, and knock'd him down again, and then made off.
Q. How do you know that the Prisoner was one of the Men that robb'd your Father?
Bean. Because I have seen him three Times; twice when he knock'd my Father down, and once since that, by Honey lane Market.
Pris. I was standing at St. Andrew's Church, and Attley the Thief-catcher gave a young Man a Half-penny to get some Tobacco, and I ask'd him for a Bit of it. Then I went to Field lane, to get a Sheep's-Head for my Supper, and he came there after me, and took me.
John Raymond . All that I have to say is, that about three Weeks or a Month ago last Friday, I happen'd to hear that a Man was taken up for this Robbery, and seeing the Prosecutor's little Boy go by, I ask'd him if his Father knew the Man? He said, no, his Father could not be sure.
Attley This Man shaves all the Thieves in Thatch'd-Alley, and his Mother keeps a Brandy-Shop.
Raymond. I live in Chick-lane, and am a Barber and Peruke-maker, I know the Prosecutor very well; he always pass'd for a very honest Man, and I have shav'd him a great many Times.
Edward Craft . I have known the Prisoner 5 or 6 Years; I never knew no harm of him in my Life: He runs on Errands, cleans Shoes, or does any Thing in an honest Way. He has no settled Lodging, but lives at any Place he can pay for. I never heard but that he bore a good Character, and I bless God my Character is unstain'd if you please to examine into it. Out of good Will to the Prisoner (who I believe is as innocent as I am, and I desie the World to say otherwise of me) I took an Opportunity to examine the Prosecutor's Character through his Neighbourhood, and every House-Keeper gave him a very bad Character.
Maary Craft. I am related to the former Witness, and live in Beach-lane. I have known the Prisoner ever since he was a little Boy, and never heard any Harm of him; but was always
Jane Scot . I have known him and his Family a great many Years. His Father was a Porter, and carried a Basket in the Market. I have reliev'd him with a hard Crust, and he was very thankful for it. I never heard that he was a Thief, but always believ'd him to be very honest.
Joseph Green. I have known him between 3 and 4 Years, and for the general Part, or altogether, he always was an honest, endeavouring Man, willing to get a Penny in an honest, tho' a mean Way. But I have one Thing more to say, - the Prosecutor, since the Company have been here, said to this Man, you Rogue you have said what you can't answer, and I will do for you when I get out of Court.
Bean. No, he never ask'd me that.
38. + Robert Rhodes , was indicted for that he, after the 24th of June, 1736, viz. Sept. 3 d . made and forg'd, and did willingly act and assist in forging and making a certain Paper, partly printed, and partly written, sign'd with the Name of John Thompson , purporting to be the last Will and Testament of the said Thompson , which said Paper-writing is contain'd in the Words and Figures following, viz
In the Name of God, Amen. I John Thompson , of the Parish of St. Giles's in the Fields, in the County of Middlesex, Mariner, being in bodily Health, and of sound and disposing Mind and Memory, considering the Perils and Danger of the Seas, and Uncertainties of this transitory Life, do, for avoiding Controversies after my Decease, publish and declare this my last Will and Testament. in Manner and Form following. First, I recommend my Soul to God that gave it, and my Body to the Earth or Sea as it shall please God. As for, and concerning all my worldly Goods, I dispose them as followeth. I give to my Friend, Robert Rhodes , all my Wages, Sum and Sums of Money, Goods, Chattels and Tenements whatsoever as shall be any Way due, owing and belonging to me at the Time of my Decease: I give, devise and bequeath the same to my Friend Robert Rhodes aforesaid, and I do hereby nominate and appoint him to be my lawful Executer, revoking all former Wills. And I do ordain and ratifie these Presents to be my only last Will and Testament, in Witness whereof I have set my Hand and Seal, the 6th of September 1736, in the 10th Year of his Majesty's Reign.
He was farther Charg'd for uttering and publishing the same, knowing it to be false forg'd and counterfeit .
Note, The great Number of Prisoners tried this SESSIONS, and the Length of their respective CASES, oblig'd the COURT to sit a Day longer than in the last: We have therefore been under a Necessity of dividing this into TWO PARTS, without which it would have been impossible to have given the Public a fair and impartial Account of the Proceedings. The Second PART, which will, among several Others, contain the Remainder of the Trial of Robert Rhodes ; Pryor Green, and John Bolton , a Custom-House Officer for Murder, will be publish'd on FRIDAY next.
WEDNESDAY the 28th, THURSDAY the 29th, FRIDAY the 30th, of APRIL, SATURDAY the 1st, and MONDAY the 3d, of MAY.
In the 15th Year of His MAJESTY'S Reign.
NUMBER IV. Part II. for the YEAR 1742.
BEING THE Fourth SESSIONS in the MAYORALTY OF THE
Printed and Sold by T. PAYNE, in Bishopsgate-Street, near the South-Sea-House. M,DCC.XLII.
Where may be had any of the former Numbers in this Mayoralty.
Sessions of the Peace, Oyer and Terminer, For the CITY of LONDON, &c.
THE Councel for the King having opened the Indictment, proceeded to take Notice that this Prosecution was founded on a late Act of Parliament, which was made to punish those who were guilty of a Crime of the first Magnitude, destructive to Trade, and all that Security which every one ought to have for their Estate and Property: That the Pers on mention'd in the Indictment by the Name of John Thompson , was originally a Taylor, but that in March 1737, he enter'd on board his Majesty's Ship the Flamborough: that being indebted to one Carter in the Sum of 14 l. and being going on board the Ship, he gave a Letter of Attorney to this Carter, to receive his Wages: that he likewise made a Will, wherein he appointed Carter his general Legatee, and that he afterwards died on board this Vessel in August thirty-nine. Carter hearing of Thompson's Decease, applyed to Doctor's Commons to prove the Will that was left with him: that upon his coming there, he found that another Will had been proved, which was the Will in Question, and wherein Thompson was said to have appointed the Prisoner his Legatee, who must (in order to have been entitled to receive a Probate) have taken an Oath that that was the true Will of John Thompson . That, as soon as Carter found this Fraud had been committed, he made what search he could to find out this Rhodes, and at last received Information of him at Mitchell's Coffee-House near the Navy-Office, and he was afterwards taken up for this Fact. It was farther observed, that it was a great Misfortune attending this Sort of Men, that they are not only subject to greater Casualties than other People, but also leave their Effects under great Uncertainty; that upon the Probate of a Will's being produc'd, the proper Officer of the Navy is bound to deliver a Ticket for the Wages of the Sailor to that Person who appears to be entitled to it, and that it has been too much a Practice lately for Persons to set up Wills which never were real, to get into their Custody, that Pay which these honest Men have earn'd with the Sacrifice of their Lives, &c.
Mr. Roseindale. I am chief Clerk of the Ticket Office in the Navy-Office; this in my Hand is the Muster Book of the Ship Flamborough. The Captains of the Men of War are enjoin'd as convenient Opportunity offers, to send their Muster-Books and Tickets as frequently as possible to the Navy-Office, and we endorse and enter them into such a Book as this, and they are assign'd once or twice in a Month to the Executors.
Counc. Have you not there the Names of all the Persons on board the Fleet?
Mr. Roseindale. Yes, all that are living, dead and run away.
Counc. If any body dies on board, does not that Book take Notice of it?
Mr. Roseindale. Yes, and it appears by this, that John Thompson , an able Seaman, died the 22d of August, 1739, at Turtle Bay, on board the Flamborough, and the Ticket was made out for his Wages, and sent to the Navy-Office.
Jury. When was the Ticket made out?
Mr. Roseindale. I presume, presently after the Man died.
In answer to which, the Councel for the Prosecution said they were surpriz'd to hear this Objection made; for that according to the known Course of the Navy, the Names of all the Sailors that die, are regularly enter'd in a Book for that Purpose; that this Book was given in Evidence in December last in the Case of Fitzgerald and Lee; the Evidence of Perry's Death being only a Book of this Kind. That the Person who dies is always enter'd in this Book, and when it comes over here, the Consequence of that is, there is a Ticket made out for the Wages, and according to the known Course of the Navy, deliver'd to the Person who brings the Probate: That as the Prisoner stood indicted for publishing a Will, it was an Acknowledgment by himself that the Party was dead, unless he could go and swear he was dead, and prove his Will, when he is alive: That the Prisoner had actually receiv'd the Pay of that Man, and therefore he thought him dead or certainly he would not have gone to Doctor's-Commons to prove the Will; that if this was not Evidence to prove his Death, no Seaman could be secure of one Shilling which he was venturing his Life for every Hour he lives, &c.
By the Prisoner's Councel in Reply it was offer'd that there were a great many People on board the Ship who best knew whether the Man was alive or no, and that the Proof ought to be fuller in this than in other Cases; that notwithstanding the Prisoner might have prov'd this Will, that was not sufficient; for that a great many People had prov'd Wills, when it has appear'd that the Person was alive.
It was farther observed by the Councel on the same side that there was no such Thing as a Will while a Man was alive, for that he might controul it every Moment: That no Person appear'd here, upon the true Survey of the Ship to prove this Man dead, and therefore 'twas hop'd that what had been offer'd against the Prisoner, was not sufficient Evidence of the Death of a Man in a Case of Felony.
Upon the Whole, the Court were of Opinion that the Councel for the Prosecution should go on with their Evidence.
Roseindale. No Sir, it was made out by the Captain of the Ship. I deliver'd it out of the Office to Robert Rhodes , Executor, a Cheese-monger, at the Corner of King-street, St. Giles's I can't say I know his Face, by reason I see so many People coming backwards and forwards.
Pris. Q. When did you deliver out the Ticket?
Roseindale. This is the Ticket; I deliver'd it to Mr. Rhodes, Sept. 3, 1741.
Counc. Who deliver'd it to you?
Goodwin. I had it in my own Custody, as being Clerk to the Register in the Prerogative Office.
Counc. Did you go with him to prove it?
Hughes. I wrote the Oath on the back of it, and went with him before Doctor Chapman to get him Sworn to it, and he did Swear to it. Here is a Copy of the Oath on the back of it; I dated it the 3d, of September 1741. I have seen the Prisoner before this, and since, for he has been to me, with People upon other Occasions.
Counc. What was the Oath that was administer'd to the Prisoner?
Dr. Robert Chapman . The Oath he swore was, that he believ'd this to be the last Will and Testament of John Thompson , deceas'd; that he was nam'd Executor, and that he would give a just Account of his Executorship when call'd to it by Law. This is only a short Jurat on the Back of the Will. He swore that this was the Will of John Thompson , deceased, and the rest was a Promissary Oath that he would duly pay the Debts and Legacies; and here is likewise wrote on the Back, that the Effects don't amount to 20 l.
Mr. Hughes. They bring the Will first, and the Jurat is wrote on the Back; then we carry them to a Doctor to be sworn, and this Will was prov'd according to the Prisoner's Directions.
Q. Did you go with the Prisoner?
Hughes. Yes, I went with him myself.
Counc. We shall now call Samuel Boyden to prove that this is not the Will of John Thompson , and that he was not a Mariner, nor of this Parish at the Time the Will bears Date; - Are you acquainted with the Hand-writing of John Thompson ?
Boyden. I was so far acquainted with it, that I took particular Notice of his signing the Will to Mr. Carter, and to the best of my Knowledge this is not his Hand.
Pris. Q. Did you never see him write but that Time that he sign'd the other Will which you witness'd?
Boyden. I have seen his Writing, but never was by when he wrote: except when he made that Will which I witness'd. - I can't remember when that was.
Counc. I ask you whether in September 1736, he was a Mariner?
Boyden. No, he was not, he was a Taylor, and liv'd in the Parish of St. Mary le Strand.
Counc. I ask you whether he did, or did not live in St. Giles's Parish.
Boyden. Not to my Knowledge; I never heard that he liv'd there.
Q. Where did he live when you saw him make the Will?
Boyden. In White hart yard, in the Parish of St. Mary le Strand.
Q. Where did he live when that Will was made in 1736.
Boyden I don't know; he came out of Yorkshire as near as I can judge, about two Years before he went to Sea, and I sign'd that Will for Mr. Carter the Night before Thompson went on board.
Pris. Q. What Day did you sign the Will for Carter?
Boyden. It is impossible for me to remember that; I know the Time; but I can't remember the Day or the Year.
Counc. What Time was that?
Gibson. I believe in 37 or thereabouts; it was a little after the Queen's Mourning; - he was a Servant to me then as a Taylor.
Counc. Was he a Seaman at that Time?
Gibson. No, nor never had been a Seaman before.
Counc. Look at that Hand-writing there.
Gibson. It is nothing like his Hand. I saw both the Wills before Mr. Deveil, and that which I witness'd I can swear was his Hand-writing, but this is not.
Pris. Q Did you ever see him write since that?
Gibson. Yes, once at my own House; it was his Name to a Note of Hand: This Will is dated March 7, 1737. this is my Hand, and I saw Thompson write that at the Time it bears Date.
Pris. How long after that Will was made did you see him write his Name to the Note.
Gibson. The same Day.
Boyden. This Will is Mr. Thompson's Hand; I sat by him when he wrote it, and look'd particularly at it; I am a subscribing Witness to it, and it is not like the pretended Will at all.
Mr. Carter being call'd by the Councel for the Prosecution, it was urg'd on Behalf of the Prisoner that he was a Person interested, and therefore could not be admitted to give Evidence; that this was the same as a Case of a Note of Hand, where the Party who is bound by that Note comes to prove it forg'd, to secure his own Interest.
In answer to which, it was said, that the Consequence of this Suit could in no shape affect Carter, the other Will being already prov'd in the proper Court, and supposing the Will which the Prisoner stood indicted for should really prove a good one, yet Carter's Will being subsequent would destroy it. The Prisoner's Will bearing Date in the Year 36, and Carter's 37, making it indisputable: That this was not a private Prosecution, but a Prosecution in the Name of the Crown for the Benefit of the Public, that the Prisoner might be punish'd according to Law, therefore exactly agreeable to a common Case of Felony.
It was observed by the Prisoner's Councel in Reply that this was no Answer to the Objection; that Carter (who had a Will) was called to prove which was the real one, the 1st, or the last; that he was call'd to prove the Prisoner's Will false, and certainly he must have Benefit by that, for that then his own would stand without doubt. The Court being of Opinion that Carter was not a competent Witness, the Councel proceeded to call Sarah Russel .
Counc. Do you know the Prisoner?
Mrs. Russel. Yes Sir; I purchas'd this Ticket
Counc. Had you any Meeting with the Prisoner in relation to this Affair
Russel. He us'd to call very often at my House and drink a Glass of Wine.
Counc. What did he say upon this Occasion?
Russel. He shew'd me the Ticket, and ask'd me to buy it: I said I would if it was a good one: I sent over to the Office and had it cast with the Books, and paid him the Money for it.
Counc Did you ever see him with Carter?
Russel. Yes, I believe I have: I heard him say to Carter, if he could prove his Will to be good, he would make any just Agreement with him, for they both said that Thompson ow'd them Money.
Pris. Q. How long have you known me?
Russel. I can't remember; I don't take such Notice of Strangers, but I believe I may say a Year.
Pris Q. What do you take me to be?
Russel. A Man; I suppose.
Pris Q. Do you suppose me to be a good Man.
Russel. I don't suppose any Thing at all ar.
Pris Ask her whether she never heard of Sailors making three or four Wills to defraud different People of Sums of Money?
Russel I have heard People talk so to be sure, but I never had any Proof of it.
Mr. Goodwin. Sometimes I have 2 or 3 Wills from different Persons, and when we meet with any, we stop them.
Pris Q. Did you never hear of a third Will of Thompson coming to your Office?
Mr. Goodwin. No, I never heard of it.
Counc. Did you ever see him write?
Honeychurch. No Sir, I was acquainted with him within a few Days after he came to London, which I take to be about 7 or 8 Years ago: He was a Taylor, and liv'd at the Swan and Apple-Tree in White-Hart-Yard, in the Parish of St. Mary le Strand.
Counc. Did you ever know him live in St. Giles's?
Honeychurch. No, never. I remember when he first went to Sea; it was about four Years ago last January, in the Year thirty-seven. He never was a Seaman before that, by what I have heard him say, and he work'd with me within a Day or two before he went to Sea. He has apply'd to several People who had been at Sea to inform him about the Business, for he was going Taylor to Captain Pierce of the Flamborough. He din'd with me almost every Day in the Week, and frequently supp'd with me except his Business call'd him another Way.
Pris. Q. Do not these Parishes join?
Honeychurch. No, St. Martin's Parish crosses them. St. Giles's is above Long-Acre.
Here the Ticket was read, - '' John Thompson , '' able Seaman, aged ( Blank) Years, died on '' board the Flamborough Man of War, Aug. 22, '' 1739, at which Time he was discharged by '' Reason of Death.''
19 l. 18 s. 1 d.
If your Lordship pleases, I can call one Man who was in the House when the Will was made to me.
Pris. Q. Did you know Mr. Thompson that is dead?
Jones. Yes, his Name was John Thompson , I knew him no farther than just happening into the Alehouse where the Will was making, and that was in Church-Court, by St. Martin's-Church, and I think it was at the Chequer Alehouse. I went in to drink a Pint of Beer, and there was Mr. Rhodes. I knew him when he liv'd at the Seven-Dials some Years ago, and for that Reason he spoke to me. At that Time the Will was making, it was fill'd up by one John Williams , but I did not see it witness'd.
Pris. Q. Was there any Thing desired by Thompson or Rhodes at that Time?
Jones. Nine Pounds Mr. Rhodes disbursted at that Time to Thompson, as I understood, it was to sit him out, or something in that Way, and Thompson was to make a Will to him, and he was to receive his Pay; according to my Understanding it was so.
Pris Q. How long ago was this?
Jones. I take it to be about Michaelmas Time in 36 or 37; I was there present, and paid my Reckoning, and went away and left them together
Jones. At the Back of St. Clement's; sometimes I work in Coals, and sometimes in the Plumbers Way as a Porter; I have work'd at Mr. Thomas's Wharf at Dowgate, and for Mr. Wardell and Colwell the Bottom of Dowgate hill, and sometimes I have been in a Branch of Leather-dressing.
Counc. Who did you live with last in the Plumber's Way?
Jones. Mr. Deval in Piccadilly; he has one Shop in Holborn, and another in Piccadilly: I have not been at Work that Way since three Months before Christmas.
Counc. Have you never work'd in the Plumber's Way since then?
Jones. I can't be particular to a Day: I have not work'd with any body since, as a Plumber, but I have been employ'd by Mr. Jones in Clement's-lane, who is what we call a Leather-dresser. I have work'd for him 2 Months since Christmas.
Counc. How long did you work for him?
Jones. Ten Weeks or two Months perhaps, as near as I can remember: the last time I work'd for him was about 2 Months ago: I came from Mr. Deval's, and went to Mr. Jones's, and work'd for him 3 Months before Christmas: I can't tell when I work'd last for Mr. Jones, for I had no Occasion to take Notice of the Day.
Counc. Did you work with him all the Time, from the Time that you first began with him?
Jones. Yes, till just now.
Jones. Only the Time of the Will's making: I don't know that I have seen him before or since.
Jones. Because the Man that fill'd up the Will call'd him so.
Counc. Was this in the Year 38.
Jones. No, I take it to be about 36 or 37: I can't justly say to an Hour, a Day, or a Month, because I only chanc'd (to go) in for a Pint of Beer, and I sat down in the Company.
Counc. Did you read the Will?
Counc Who told you it was a Will?
Jones. I understood according to my Understanding, that the Will was made to Mr. Rhodes on disbursting so much Money.
Counc. Who told you this was Thompson's Will?
Counc. Did you see the Will sign'd?
Jones. No, I only saw John Williams (as Mr. Thompson call'd him) writing on the Paper: I saw nothing at all sign'd. I can read a little, but I did not read the Will, for I had no Concerns to ask any Questions.
Counc. What sort of a Man was this Thompson?
Jones. He was a long visag'd Man, not so thick as I am: I take him to be a blackish swarthy Man: I can't say whether he wore his own Hair or a Wig, because I had no Occasion to take Notice.
Jones. Williams call'd him by his Name.
Counc. About what Age did Thompson seem to be?
Jones. About thirty: I can't guess at a Man's Age so long ago.
Counc. Did he wear a Wig or his own Hair?
Jones I can't tell.
A Witness. This Will was brought to me by Rhodes. He likewise brought another Will of Thompson's which I have in my Pocket; I think it is made to Mary Vaughan . Thompson's Will being prov'd, a Citation was taken out against Rhodes to bring it in, and shew Cause why a Will of a later Date should not be prov'd. Sometime after that, the Prisoner said he had found out a Will of a later Date than the other. I look'd upon it, and told him, he must bring his Witnesses if he intended to support it. He said, he knew but little of that Affair; but that one Mrs. Glass could inform me farther of it. He left me the Will and the Letter in which it was inclos'd, and I went to Mrs. Glass, who told me, she had received that Will enclos'd in the Letter from Mrs. Vaughan at Portsmouth, and desir'd every Thing might be done that was necessary to support it; but Rhodes's Wil l never was prov'd by Testes, therefore it was revok'd, and the other granted.
James Cockran I have known Rhodes between 7 and 8 Months coming and going; I never saw any thing by the Gentleman but Honesty. He has gone in my Parish under the Character of an honest Man, and it is more than I know if he would do such a Thing as this. I use the
- Harper. I have known him these 2 or 3 Years: He has been gone out of the Neighbourhood 4 or 5 Months, and then he bore a good Character: He used me handsome, and paid me for what he had: I liv'd over-against him.
Pris Q. Have you any Suspicion that I would do so soul a Crime as I am accused of?
Harper. The Man behav'd very well.
Counc. What Character did other People give him?
Harper. I have heard People whispering about that he was concern'd in these Wills 5 or 6 Months ago; the first Occasion of it was some Papers from the Commons being hung up at his Door before Christmas.
Counc. Was that on Account of this Will or another?
Harper. I never heard of any Will but this: He was a Cheesemonger in King-street, by the Seven Dials.
John Hastings . I have known the Prisoner about ten or a dozen Years. He liv'd in Little St. Andrew-street, near the Seven-Dials, and from thence he mov'd to the Corner of Earl-Street, in King-street. When he liv'd in St. Andrew-Street, he behav'd very well, and was respected by the Neighbourhood, and was a very industrious Man; but when he mov'd into Earl-street, he became a Headborough, which a great many People believe was of no Service to him, for he has been accus'd of a great many foolish Things not to his Credit, with regard to Thief-taking, which is not a creditable Thing for a House-keeper. By following these Practices, his Business was reduc'd to such a low Ebb, that at last I believe he was driven to his Shifts; and there was something stuck up against one of his Window-Shutters, but what it was I can't tell. His Character is really a very bad one.
Pris. Did you ever hear that I wrong'd any one in the Neighbourhood of a Farthing?
Hastings. I know nothing no farther than there was something stuck upon his Window-Shutter about a Will, something above 3 Months ago.
Henry Brows . I have known the Prisoner 2 or 3 Years; I liv'd directly over-against him when he liv'd in King street. When he came into the Neighbourhood, we took him to be a very honest Man which was about two Years ago; but since that, he was a Headborough, and hang'd two Men, which got him a bad Character. His general Character at first was very Honest; but by being guilty of these Facts, we could not think any other Thing but what was bad.
Wm Nichols . The Prisoner liv'd over against me, and his Character at first was very good, but lately very indifferent; for there was something stuck up against his House, and there was a Talk of his forging a Will.
Thomas Trout . I have known him about 2 or 3 Months, and his general Character is very bad, in forging Notes and Wills: it came once to my turn to arrest him, about 3 or 4 Months ago: I never heard a bad Character of him before that Time for I never knew him.
Pris. Ask him how I behav'd when he arrested me?
Trout. I took his Word, and one Mr. Young paid me the Debt and Costs in 2 Days.
Pris. I arrested this Man for a Note of Hand for 26 l. and he has mov'd the Cause out of the Marshalsea into the Court of King's-Bench or Common Pleas.
Burton. It was a forg'd Note, and therefore I would not pay it: I never gave a Note of Hand in my Life.
- Spradley. I never saw the Prisoner till the 30th of Sept. last, but since I have had the Occasion to know him, he has borne a very bad Character.
Francis Jordan . I have known him a pretty while, and dealt with him, and he then bore a good Character, but since I have heard an indifferent one: he bore a good Character in the Neighbourhood, and when I was Overseer he paid me my Taxes last Year.
Counc. What Character has he borne since?
Guilty . Death .
Guilty 10 d.
Guilty 4 s. 10 d.
45. + John Burnham was indicted for that he not having God before his Eyes, &c. on Henry Oliver , feloniously, wilfully, &c. did make an Assault, and with a certain Knife made of Iron and Steel, &c. on the right Eye of the said Oliver did strike and cut, giving him one mortal Wound, of the Length of half an Inch, and Depth of three Inches, of which he instantly died , March 7 .
He was likewise charged by Virtue of the Coroner's Inquisition for the said Murder.
The Witnesses were examined a-part.
John Jones . I saw the black Man standing in Shorter-street , by Well-close-square : His Name was Henry Oliver . There came a Press-Gang to take a Woman that had pick'd a Man's Pocket, and they found her, and took her to the Watch-House. The Prisoner came by with a great Stick in his Hand like a Broom-stick, and a Knife or Dagger in the other. The Press-Gang pushed him down in the Middle of the Highway, and left him: Then he got up again, and stood talking to the black Man: I heard the Black say something to him that the Woman ought to be hang'd for picking the Gentleman's Pocket, and the Prisoner immediately gave him a Punch with something that he had in his Hand; I can't tell whether it was a Knife or a Dagger, but I am sure the Black did nothing at all to him. The Prisoner struck him in the Face, and then gave him another Knock with the same Instrument, and the Black fell down in the Highway directly, and never spoke afterwards. Then the Prisoner ran away into the Ship Alehouse, and was lost for half an Hour before we could hear any Thing of him; but we went into a Gentleman's Yard, and saw him getting over the Pales: He hid himself under a Bench in an Arbour, and we pulled him out from thence, and told him he had killed the Black: He said, he hop'd he had not, and then we took him to the Watch-House.
Pris. Ask him whether the black Man was not bleeding over the Eye before I came to the Place?
Jones. I believe the black Woman gave him a little Scratch: They were scolding together, and the Woman gave him a little Push, and scratched him over the Eye; but it did not bleed.
Stephen Jones . I was coming Home with my Brother on Sunday Night, and in Shorter-Street there was a black Man and a black Woman fighting; presently a Press-Gang came by, and went into a House by the Hay Field, and took a Woman out who had picked the Captain's Pocket. Coming through Shorter-Street again, I saw the Black go through the Square with the Press-Gang, and he stood by while they put the Woman into the Watch-House: The Prisoner was there at the same Time, and the Black said something that the Woman deserved to be hang'd, or some such Thing: Upon which the Prisoner gave him a Push with something that look'd like one of your snick or snee Knives: He gave him another Push, and he fell on his Back, and never spoke afterwards: The first Blow was on the right Eye, and the second on the right Shoulder. As soon as this was done, we cry'd out, The Fellow has kill'd the Black! Upon which the Prisoner run away, and got into an Arbour in a Garden, from whence he was taken.
Q. Where did you see him do this?
Jones. In the Highway, just by the Watch-House: He ran down with the Knife ready drawn, and a Club in his Hand, but the Press-Gang took the Club from him.
William Hopkins . I was smoaking my Pipe, and just going to Bed, when these People came by the Door: I went to the Door, and hearing that a Woman was taken by a Press-Gang, I followed them 8 or 9 Rods: The Prisoner and the Black came up; the Black stood a little Distance off, and I stood in the Middle of the Road: The Prisoner had a Stick at his Side, and one of the Sailors took it from him; upon which he seem'd to grumble, and then the Sailor knocked him down, and went off. After this three or four People being talking about this Affair, the Black said, the Woman was a Whore, and ought to be hang'd: The Prisoner
Pris. Ask him, whether one of the Press-Gang did not make my Nose bloody?
Hopkins. No: He was only knock'd down, but that was a good while before.
Q. Did you see what the Prisoner gave the Push with?
Hopkins. Yes; it was a Weapon with a very long Blade.
Francis Mitchel . I had been at my Mother's, and coming back, I saw a Parcel of People: There was a black Man and a black Woman came by, and they fell to fighting, and the Woman cut his Eye or his Face: After that the Press Gang came by to look for the Woman, and the Black went with them: They got the Woman, and presently afterwards the Black came by again; and, to the best of my Knowledge, the Prisoner struck him on the Shoulder, and made him reel: Then he struck him on the Eye, and he fell at his Length, and cry'd Murder. The Prisoner run into an Alehouse; - I believe it was a Knife that he struck him with, and I did not see the Black do any Thing to him.
Jury. Did the Woman strike the Black on the same Eye as the Prisoner did?
Mitchel. The Woman cut him some where about the Face.
Gould Cole, Surgeon. I searched this Negroe's Wounds two Days after he died; one was a small incis'd Wound on the Top of the deltui'd Muscle, about half an Inch long, and an Inch deep; there was another small Wound on the Frontis, which is the Forehead; and another, which was a perquilated Wound, above the right Eye, (into the Socket which contains the Eye) about four Inches and an half deep, and an Inch long: The Wound in his Eye was certainly the Cause of his Death, for that in his Shoulder was of no Signification.
Q. Were there any Parts of his Face scratched?
Cole. I did not observe any: This Wound in the Eye I take it, was given by some sharp Instrument, like a Sword or Dagger; and that on the Forehead, was a little small Wound like a Scratch.
Jane Wall. Another Woman and I went into Mr. Allen's to call for a Pint of Two penny: The Black came in after us, and said, he had been there some Time of the Day, and spent three half Crowns in Punch, and had lost some Money in the House by some of the Women: He made a Noise in the House, and said he would not go till he had got his Money. There was a Lad along with him, who said he had lost a Shilling; and the Gentleman of the House turned them, and some of the Women out of Doors. In a little Time the Black came back again, all over Blood: - This was about 7 o'Clock at Night.
Hopkins. The Fact was done about half an Hour after 9, or thereabouts.
Wall. He came in, and stood against the Partition; and the Blood run down to his Temple.
Jury. Did you look in his Face then?
Wall. Yes, and the Blood run down all over his Shirt.
Jury to the Surgeon. Did the Wound in the Eye disfigure the Negro's Face?
Cole. It went quite through the Eye-Lash; but that in the Forehead might bleed a little.
Wall. The Blood that I saw, proceeded from this Place. [Pointing to her Forehead.] I desired him to go Home, for fear of being used ill; and he said he would lose more Blood, before he would go Home without his Money.
Hester Cole . This Woman and I were in the Alehouse when the Black came in: He said he had been ill used, and robbed in the House, and he would have his Money. There were two Women, one black and the other white: And the People of the House bid him get out, but he refused; and so they shut him and the Women out in the Entry: They all came in again in a few Minutes, and then I saw the Blood run down his Shirt on the right Side: This was about Seven o'Clock at Night, and next Morning I heard he was murdered.
Guilty Death .
Benjamin Bitch was indicted for stealing three Knives, val. 3 d. and other Things , the Goods of Dennis Tailor , April 23 .
Guilty 10 d.
There being a Defect in the Indictment, the Prisoner was acquitted .
51. John Bolton , alias Bolter , of St. James's, Clerkenwell , was indicted for that he, with four other Persons unknown, not having God before their Eyes, &c. on the 4th of April , on Isaac Crawley did make an Assault, and a certain Blunderbuss charged with Gunpowder and leaden Sings, against the said Crawley did discharge and shoot off, well knowing the same to be charged; giving him on the Inside of the right Arm, below the Elbow joint, one mortal Wound, of the Breadth of one Inch, and Depth of four Inches; of which, from the 4th to the 11th of April, he languished, and and then, in the Parish of St. Bartholomew the Less, died .
John Portman . The Prisoner I do believe to be the Person that shot and wounded Isaac Crawley on the 4th of April in the Morning, at the Bottom of Clerkenwell-Green . He was afterwards taken to St. Bartholmew's Hospital, and died there.
C. Now tell us all the Circumstances of the Case in the Manner they happened.
Portman. I am Constable, and was coming from the Watch-House to go my Rounds into Turnbull-street, and I told Crawley who was with me, that I would first step again to the Watch House: There came four Horses and passed me; the fifth was about ten or a dozen Yards behind the other, and I had not above two Steps to go, before I could have got quite 'cross the Way. The fifth Horse met me, and rode up against me, and I held up my Staff just so, which made him start, and the Man on his Back struck at me: Upon that I struck the Horse on the Head, thinking I had as much Authority in the Night as he; and then he fired a Pistol. A second Man then came up, and I hit the Horse a good Knock, which made him turn round with his Tail to me. The second Man (whom I apprehend to be one of the four that passed by me) fired a Pistol directly at me. I plaid about with my Constable's Staff, which is about 8 Feet long, hitting first one Horse, and then the other: They fired seven more at me, and I had no other Chance to save my Life, but by keeping the Horses in an unsettled Motion. An eighth Pistol was fired, and I never heard Crawley say any Thing till the Men were gone off, and then he said, Master, I am wounded! I am shot! There were five Horses in all, four passed me, and the other had not, and there were two Men that fir'd at me.
Q. Did the People belonging to the other four Horses go off?
Portman. I saw none but the two Men that came up to me afterwards; the rest of the Company were gone before. I apprehend that the last Pistol shot Crawley, for I did not hear him say any Thing 'till they were gone off, though he was within 7 or 8 Yards of me.
Q. How long had the Men been gone off, before Crawley said he was shot?
Portman. They had not got two Yards before he spoke: Master, (said he) I am a dead Man! I am shot in the Arm! and if he ever saw the Face again he could know him. - I hope I never can err, but what I say is Truth, therefore I do tell you, we got Crawley to the Watch-House, by the Assistance of a Man who rose in his Shirt, and a Watchman: One took hold of his Arm, and the other his Legs, and I carried the two Lanthorns. Then I went to call Mr. Woodburne, a Surgeon, who does the Parish Business: He would not get up, but however at last he sent his Man, and upon pulling off Crawley's Cloaths, he said there were five Ballets or Slugs in the Man's Arm; it was in this Part of the Arm, a little below the Elbow.
Q. What Distance might these Wounds be from each other?
Portman. About an Inch Distance; there were three on a Row, and two length Ways; but in my Surprize, I can't give the Particulars of that; but if I may speak my Heart, I believe it could be by one Discharge only. Mr. Woodburne's Man telling me he could do nothing for him, I called a Chair, and carried him to the Hospital, where he died that Day Week, as they told me, much about the
C. I thought it was Morning when you was at the Hole in the Wall?
Portman. No; it was between ten and eleven at Night; I never said it was Morning: However we staid till the Paper was done, and Mr. Scavendish (Mr. Poulson's Clerk) being going to his Father's, I was glad of the Opportunity, and said I would go with him. Before I got out of the House, I told him that I believed the Prisoner to be one of the Men that shot at me and Isaac Crawley . I went Home to Bed, but could not sleep, so I got up next Morning, and went to Mr. Poulson's; this was Tuesday Morning: I told him the same as I have said now; and Mr. Poulson wrote to Mr. Foster to bring the Man, and I waited all Day, but he did not come. The next Day, which was Wednesday, Mr. Foster was ordered by the Commissioners to bring Bolton to me; and they accordingly came on the Friday following, and four or five more with them. Mr. Foster desired I might look over these Men, for perhaps I might know some of them, and the right Man he said was just by, and he would send for him. I looked at them, and thought it not usual to be trifled with, and I looked on the Ground for some Time: Then I got up, and spoke to the Prisoner. Says Mr. Foster hastily, Which is the Man among all these? So I went up to Bolton, put my Hat between his Legs, and said, That is the Man. He was then committed upon my believing him to be the Man, as I do still.
Q. You say it was between Two and Three of the Clock: What Sort of a Morning was it?
Portman. It was Moon-light, and there were two Pistols discharged; one behind, and another before me; besides the Watchmen had their Lanthorns.
Q. Do you take the Prisoner to be the first or the second Man that attacked you?
Portman. That is the biggest Thing that has puzzled me; for the Horses turned about so, that I can't say as to that; but he had on a light Duffill Coat, and a Great Coat over it.
Q. Do you recollect the Man by his Habit, his Stature, or his Face?
Portman. By the Face, and nothing else: I never saw him with my Eyes before that Night. One of the Men had a hoarse, coarse Voice; and the other a smooth Voice.
Q. Did the Prisoner speak when he came into the Hole in the Wall?
Portman. No, not a Word: I have heard him speak since, but I can't recollect him by his Voice.
Portman. Yes, they had both Hats on; but to be sure I must be in a good deal of Confusion, for one of the Pistols took a Button-hole off here, and another shot through my Great Coat. The Terror of the Prisoner's Face being then upon me, occasioned me to speak when he came into the Company. I have one Thing more to say: - They brought one Luke Harding to speak in the Prisoner's Behalf, and his Voice is hoarse and coarse, and I was as positive to his Voice, as I am now to the Prisoner's Face.
Pris. Ask him, Whether when we were at Mr. Poulson's on Friday Night, he did not declare to Thomas Davage and Thomas Quaife , in the lower Room, if Mr. Foster had told him I was an Officer, he would not have carried the Thing so far, but as he had begun, he would go through with it?
Portman. I never did in my Life.
Pris. Q. Did you give any particular Description that Night of the Persons supposed to commit this Fact, whereby there was an Advertisement put into the Papers?
Portman. You must first and foremost set me out in the Light that I am, for I can neither write or read: I did give a Description to Mr. Poulson.
Pris. Q. Do you know your own Mark if you see it?
Portman. Yes, it is a Figure of Two: - I can't say whether this is my Mark, because I seldom turn the Tail so high; but I did set my Mark to a Writing at Mr. Poulson's, but I don't know that Writing if I were to see it.
Pris. Q. Do you believe that to be your Mark or not?
Portman. I can't say whether it is or not, I seldom turn the Tail so high.
Pris. Q. Do you think that Paper was sign'd by you or not?
Portman. If I was to speak as I think, I did not; if I did, it must be my Trembling or Surprize.
Pris. Q. Was the Paper which you signed read over to you?
Portman. Yes; I believe that was the first that was made, and was thrown away, and I never sign'd any afterwards.
Pris. Q. Did the Paper which you signed contain a Description of the Person supposed to shoot Crawley?
Portman. Yes; the first that Mr. Poulson wrote did, and I signed it.
Pris. Q. Did not you give that Description on Monday Night?
Portman. Yes; and the Prisoner was taken up the Friday following. I have no more Witnesses but myself, for there were only Crawley and I there.
Prisoner. On Saturday Night I was with Thomas Quaife and Thomas Davage : We were ordered by Mr. Foster to go to the End of Long-Lane, for there were five Horses with Tea come in that Morning, and we were to see if they moved them. We went there first, and were suspicious of two Houses in Three-Fox-Court, upon which we got a Constable and rummaged those Houses, but we did not find the Goods. After we had parted with the Constable, we went to the Place to wait, and between nine and ten o'Clock a Boy came by with an half hundred Bag: We followed him, and in St. John's-street we asked him if he had got a Permit: He would not tell us, so we follow'd him as far as Chancery-Lane, and then he shewed us the Permit. We then went back to Long-Lane, and waited till eleven o'Clock: And in the Road, going Home, just before we came to Moorfields, there were some People up in a House, and we went in to drink. Davage went away before one o'Clock; Quaife and I staid and drank till near three o'Clock, and then we went Home together into Tower-Street.
Portman. The Thing was done between Two and Three.
Mr. Poulson. This Paper was read over to Portman, and he made his Mark. - This is my Hand-writing: - It is Portman's Information, taken the 5th of April.
It was read.
John Portman , Constable, of St. James's, Clerkenwell, maketh Oath, That on Sunday the 4th of April, 1742, about Two o'Clock in the Morning, in the Road near Clerkenwell-Green, he, this Deponent, saw five Men mounted on Horseback, with Loads on their Horses; one of which Horses ran against this Deponent, and had like to have thrown him down; upon which this Deponent held up his Constable's Staff to defend himself, and immediately the Man mounted on the said Horse discharged divers Pistols or Blunderbusses at this Deponent and his Watchman, Isaac Crawley , and wounded the said Crawley in his Arm, and lodged 5 Slugs therein: And this Deponent farther faith, That the Man that rode on the said Horse, and discharged several Blunderbusses
The March 2 of
Mr. Foster. I have known the Prisoner Ten Years: He has been an Officer in our Commission about six Years, and is an established Weigher upon the Keys . He has behaved exceeding well, and discharged his Trust faithfully. About the 3d of April I received Information, that five Horses of run Tea had been unloaded at One in the Morning, at the End of Long-Lane, next Smithfield; but the Person that saw them unload, did not know into what House the Goods were put. About 6 in the Evening I sent for the Prisoner and Thomas Quaife , who is likewise an Officer of the Customs, and directed them to go into Long-Lane, and to search a House or two; but if they did not find the Goods there, I ordered them to wait, as privately as they could, 'till Ten or Eleven o'Clock; for my Information was, that before the Watch came about, the Goods would be moved. As to what Portman has been pleased to say, - I was before Mr. Poulson when this Examination was taken, and I saw him sign it. Mr. Poulson directed me to come for the Tea, and there were twenty-five Pounds delivered to me, and I was willing to hear what Account Portman gave of these Smugglers, believing we might find something of Service to the Revenue. Accordingly when he had given this Information, we went to the Hole in the Wall, that we might talk more freely. I took Quaife and Davage with me. Bolton happened not to be at this House so soon as I expected, so I sent Quaife for him, that he might hear what the Constable said. Quaife brought him in, and he sat down in a Chair near a quarter of an Hour The Prosecutor (Portman) did say something that he had made the Face, upon which I bid Bolton come round that Portman might have a fair Light Accordingly he came towards the Dresser, where he staid all the Time that the Constable was there. On the Friday following, by the Conmissioner's Directions I went with the Prisoner before Mr. Poulson, and I thought it would be Justice to take one or two Men with me, who went with Bolton upon the Information, and who would know it he was absent from them; but Portman did not pitch upon any of them but the Prisoner. As to Bolton, I have sent him upon different Occasions, where his Life has been in great Danger, and he always behav'd as a faithful Servant ought to do. I heard Portman give the Description of the Man that did this Fact, and it does not answer the Prisoner, neither in the Features, Age, nor having the Small Pox. I never saw Bolton wear a black Wig, but when he is about his common Business, he has such a Wig as Countrymen usually wear. Portman has likewise said, that Mr. Poulson wrote to me on the Tuesday to bring the Prisoner: the Reason why I did not, was because I had sent him with a Summons to a Man in the Country, to shew Cause why his Cart should not be forfeited, for having in it about eleven hundred Weight of Tea. And at the Hole in the Wall, I don't know but I might touch him with my Knee, and I desir'd him not to talk in that Manner in a public Ale-House, for the Man was a Custom-House Officer.
Thomas Quaife . I remember this Night very well: I was going down Tower-street between 5 and 6 in the Evening; I believe it was the 3 of April, Mr. Foster was standing at the Dolphin Tavern Door, and call'd to Bolton and me, and gave us Directions to go into Long-Lane by Smith-field. He ordered us to go and search some Houses in Three-Fox-Court, and if we did not find the Tea, we were to stay in Smithfield 'till eleven o'Clock or thereabouts. We took Davage with us, and applied to one Timothy Powel a Constable, in Charterhouse-Lane, and by Vertue of a Writ of Assistance, and my Deputation, we took him with us, and search'd two Houses in Three Fox-Court, and when we had done it was dark, prettyJohn Colcart , and who is a Servant to a Grocer. He had on his Head a Sack with an Oil Skin Bag in it, which I took to be Tea. I ask'd him, if he had any Permit; he said, if I wanted to know, I should go with him into Long-Acre. I was not willing to give the Boy any Suspicion, so I said to Bolton, John, you know that is our Way home, we will go with him: He led us into Chancery lane, and when we came near the Golden Iyon, he said he would not make us go any farther, and so he shewed us the Permit. We then returned to Smithfield, as fast as we could; it might then be better than a Quarter after ten. We had given Davage Directions to wait there till we came back, and there we found him. We staid there till near half an Hour after eleven to no Purpose, and then we agreed to return home: Davage liv'd in Spittle Fields, and so we agreed to go over Moorfields. When we came into Chiswel-street, we agreed to drink at the first House that should be open. Davage and the Prisoner ask'd me where I would go? I told them, if Luke Harding was up, I would go there, for I wanted a Pair of Gloves. Accordingly we went in, and call'd for a Pot of Beer, and staid there all three in Company 'till better than half an Hour after 12 o'Clock. A Person then came in, who said she had been 'frighted by Thieves in the Fields, and we were detain'd in Talk 'till very near three o'Clock; - Davage left us before one. About two o'Clock a poor Woman came in, who carried a Basket in the Market, and I began to talk with her. Bolton pretended to her, that he was my Servant, and I made her believe that I was in Love with her. Bolton and I staid there till near three o'Clock, and going over Moorfields, the Watch went three, and we made all the Haste we could Home, thinking our Wives would be 'frighted. We went together to the End of Beer-Lane, in Tower street, near the Custom-house, and Bolton parted from me there. He lives in Crown-court, Seething-lane, and I had but just got up Stairs, when he came back and knock'd at my Door, and ask'd for his Wife. I told him she had been gone ever since Evening, and then he went home again: this was about half an Hour after three o'Clock.
Pris. Q. Do you remember any Conversation that you ever had with Portman relating to this Prosecution?
Quaife. I was at Mr. Poulson's when Bolton was examin'd: Portman, Davage and I, were in Mr. Poulson's Room, where he examines the Witnesses. I ask'd Portman how he ever could make this poor Man Satisfaction? Why, (said he) what you mean by that? You are endeavouring (answer'd I) to swear his Life away when he is an innocent Man: His Answer to that was, if Mr. Foster had told him Bolton was an Officer, and had not jok'd with him at the Hole in the Wall, he would not have carried it on so far; but since he had begun, he was resolv'd to go through with it, let the End be what it would. Hearing him say this, I inform'd Mr. Poulson of it directly.
Mr. Poulson. This Man told me of it, and Portman denied that he ever said so, both to me and Mr. Paul.
Thomas Davage . Bolton and Quaife came to my House to desire me to go with them to Mr. Poulson's, and I accordingly did Mr. Portman took his Hat off, and threw it to Bolton's Feet, and said, that is the Man! When the Thing came so hard, it shock'd me, and Mr. Quaife very much, and we went into the Office: Portman follow'd us, and I ask'd him how he could be guilty of such a villainous Thing as to charge Bolton? I don't know, (said he, and walk'd about) It is Mr. Foster's Fault. for if he had been so good to have told me that the Man was an Officer, and had given me civil Language, I had not carried the Thing so far, but as it is, I must go through with it. Quaife and I upon hearing this, went directly and told it to Mr. Poulson, and Mr. Paul, and Mr. Poulson sent for Portman in, and asked him the Question, and he denied that he ever said any such Thing. When Bolton was order'd from New-Prison to Newgate, I went to Hicks's-Hall, where I happen'd to see Portman. He seemed to be shy of speaking to me, but I shook Hands with him, and ask'd him what he design'd to do. He complain'd of his Attendance on Mr. Foster and the Commissioners, and he said, he pitted the poor Fellow in Prison, for now instead of one Indictment, he might now have four or five against him.
Mary Harding . I have known the Prisoner these 8 Years. On Saturday Night, the 3d of April, between 11 and 12, nearer 12 I believe it was, he came into my House with Mr. Quaife: There was a third Person whom I take to be Davage, but I did not know him so well as the others. He (Davage) went away at one, but Bolton and Quaife staid 'till 3, and then went away together. I know it was 3 o'Clock, because the Watchman came about, and he is pretty particular.
The Jury acquitted the Prisoner, and the Court granted him a Copy of his Indictment.
Guilty 10 d.
Guilty 10 d.
Guilty 10 d.
Sutton guilty single Felony , Glover guilty .
Earl Guilty 39 s. Hughes acquitted .
Guilty 4 s. 10 d.
* See Sessions Book, No. 3. for 1742.
The Counsel for the Prosecution having open'd the Indictment, proceeded to call the following Witnesses to support the Charge.
Counc. Def. Did you know him follow it at the Time of the Commission of Bankrupt?
Cardel. Yes, he was what we call a French-Plate-Worker, and I know of above an hundred Pounds worth of his Goods, which I myself have taken in, and enter'd into Mr. Green's Book.
Counc. Def. Was there no Payment made by Green?
Cardel. Not one single Payment of 20 s. to my Knowledge. Here is the Book where I set it down. I was Green's Servant, and he often sent me to Brifant's House to look out Goods for Sale.
Here the Commission of Bankrupt was read.
Counc. Def. Why you talk of a little Brass ting'd over with a Silver Colour! an hundred Pounds is a great deal of Money!
Cardel. I understand the Business a little better than you: there were Goods to that Value according to the Market Price.
Counc. Def. Will you venture to say there were 5 l. worth of Silver on all that you took in?
Cardel. That is not material, if it was the Market Price. I took Care not to pay more than the common Price, because I understood them better than Mr. Green.
Counc. Def. I don't impeach your Understanding: was there the whole Value of fourscore Pounds brought into your Shop?
Cardel. I dare say there were upwards of 100 l in Brass, Silver and Workmanship.
Cardel. I believe 3 or 4 Months.
Counc. Def. So then you can't say there were 100 l. due when Green fail'd?
Cardel. No, but when I left him there was so much due.
Q. How long before you left the Defendant, were the last Goods sent in on Brifant's Account?
Cardel. That I can't say, for we had Trifles often coming in: we receiv'd a great Quantity that were pack'd up as if they were going abroad. I receiv'd with my own Hands to the Value of 113 l. and to my Knowledge none of them were paid for.
Counc. Def. Did you never hear Brifant say he had received Money?
Cardel. No, I never did.
Counc. Did you ever deny Green to any Body?
Cardel. Yes, to Mr. Rudge's Clerk: He desired me not to let him be troubled with such People, in April 1740.
Counc. Did you know that these People were Creditors?
Cardel. Yes, Rudges Clerk asked me for Money: we took our Beer of Mr. Rudge. I have likewise denied him to Mr. Hopkins a Glazier.
Q. Where was Green when you denied him to Mr. Rudge's Clerk?
Cardel. Sometimes he has been out, but I have denied him when he has been above Stairs in the House.
Counc. Def. Had not your Master a Lodging at Hackney?
Cardel. Yes, but Mr. Rudge served us with Beer in Town: I can't tell whether he did the same in the Country.
Counc. Def. Then you don't know but that Mr. Rudge and your Master might have settled Accounts?
Cardel. I don't know that they did.
Q. Did Hopkins the Glazier do any Business for your Master?
Cardel. I can't say that; I have heard that he glaz'd the House.
Mr. Coningsby. I was one of the Commissioners named in this Commission, and it was on the 15th of Nov. 1740. Mr. Malmot, Mr. Salkeld, and my self took the Oath as the Act directs. The Purport of it was, '' I Roger Coningsby do swear, I '' will faithfully and impartially execute the Trust '' reposed in me; so help me God.'' We that Day declared the Defendant a Bankrupt. Mr. Malmot, Mr. Salkeld, Mr. Whitorne, and myself were Commissioners, and this is the original Declaration made by us as Commissioners.
Here the Declaration was read, together with the Notice in the Gazette, for Prior Green to surrender himself for Examination, the 24th of Nov. and the 1st and 30th of Dec.
Mr. Coningsby. The Defendant did surrender himself on the 24th of Nov. but for the Particulars of the Examination, I must refer myself to the Proceedings which I have sign'd.
They were read, and it appear'd by them that the Defendant did surrender himself to Mr. Coninsby, Mr. Melmot, Mr. Conway, and Mr. Whitorne, and that being on Oath, he said he was not prepar'd to make a Discovery of his Effects, therefore desired farther Time, which accordingly was granted.
Counc. Did Mr. Whitorne qualifie himself when he fate?
Mr. Coningsby. I must beg Leave to refresh my Memory; if you will cast your Eye upon that Place, you will find he was sworn.
Counc. Now as to the Defendants signing his Surrender; - is that his Hand-writing?
Mr. Coningsby. I believe it to be so by my signing it, and I am very sure it was read to him, for I never allow these Things to be sign'd till they are read carefully over.
Counc. Def. Is it not common to take these Things away from the Table, and not sign them before you?
Mr. Coningsby. No, they are always sign'd before me. The next meeting we had was on the 15th of December, at the Crown-Tavern, but I beg to be guided by the Proceedings all along, though I very well remember I was there. Thomas Malcher , Green's Apprentice was there, but he had received great Threats from his Master, and it was sometime before we could give him Spirits, but at last he was examin'd, and I believe this might be his Examination. Mr. Green bid us Defiance very much, and behav'd quite unbecoming his Condition.
Counc. Was he sworn then?
Mr. Coningsby. I verily believe he was, but I can't tell who swore him, for sometimes one does it, and sometimes another. I am sure one of the Commissioners gave him the Oath. I can't remember the particular Questions and Answers at that Time, but it appear'd to us, that he had paid Wm Warden his Book-keeper, at his Shop in Moorfields, 20 l. which he represented to us a fair Debt, whereas no such Money was due.
Mr. Goulder. I was Clerk to this Commission. and when the Defendant appear'd on the 15th of
Counc. Def. Did not you fetch the Defendant from an Alehouse the 15th of December, for Examination?
Mr. Goulder. No, I never was at an Alehouse with him in my Life: He might be fetched from thence for ought I know.
Counc. Def. Was he not disguised in Liquor?
Mr. Goulder. He might for ought I know, for he behaved very badly, and I believe he had been drinking pretty freely; but he was pretty sober when he attended the Commissioners afterwards, and then he accounted for the 20 lbs.
Counc. Def. Was he ever offered his Certificate?
Mr. Goulder. I can't tell.
Council to Mr. Coningsby. Do you think that the Defendant was on the 15th of December so disguised as not to be examined?
Mr. Coningsby. To be sure if I had thought him so, I would not have examin'd him; but what with Passion or Liquor, he seemed always to be outragious: I never saw him otherwise.
Mr. Goulder. I believe he generally was in Liquor, except the last Day, which was the Time that he explained himself; then he was tolerably sober.
The Lord Chancellor's Order, for enlarging the Time for the Defendant, was read, being first proved by Mr. Goulder.
Mr. Coningsby. This Examination was taken in February, 1740, and I saw the Defendant sign it.
It was read, and the Purport of it was, That Prior Green surrendered himself the 17th of February, 1740, to the major Part of the Commissioners, and upon Oath said, That the Writing mark'd D, the several Books mark'd A B C, and the Writings mark'd E and F, did contain a full Disclosure of all his Effects.
Then several Interrogatories, which were sent to the Defendant, were read to the following Effect.
Did you, or did you not go from your late Dwelling-house in Cheapside, to the Crown Tavern in or near Bloomsbury?
The Answer was, - That the Defendant did some Time before the Commission, go to the Crown Tavern in Bloomsbury.
Did you, or did you not carry with you, an Iron Chest?
The Defendant said, - He did get a Porter to carry an Iron Chest to the Crown Tavern.
What was contained in it? What Money, &c.?
- There were a Silver Tankard, six large Spoons, six small Tea-spoons, and a small Sum of Money, not exceeding 20 l. and no other Effects whatsoever, &c.
The Answer was, - That he did pay 20 l. and that Warden did return it again.
Thomas Malcher , the Defendant's Apprentice, deposed, That Warden was first his Master's Journeyman in Cheapside, and afterwards at his Shop at Moorfields, and that Cardel lived with him at the same Time: That on the 13th of November, before the Commission came out the Defendant told Warden, he had received a Sum of Money from Mr. Waters, a Baker, and desired him (Warden) to give him a Receipt for 20 l. for fear he should he called to an Account for the Money, at the same Time telling Warden, he might receive the Money, and give it him again: That a great many Persuasions were made use of, and at last Warden did give him a Receipt, and paid the Money back again to the Defendant, in the Space of five Minutes: That he (this Witness ) was in the Room at the same Time, and that one Edmund Eyles, who is dead, was a Witness to the Receipt: That after the issuing of the Commission, he moved two Stove Grates to his Mother's House; that one of them was by the Defendant's Orders taken away by a Porter, and the other was put into a Coach in Cheapside and carried off. This Witness added, That he was sent by Warden to fetch a Shop-Book which was concealed
We can only say in general, that several Witnesses was called by the Prisoner's Council, to prove, that the Property of the Goods in Dispute, was not the Prisoner's, but other Peoples; and others, to prove, that he had for some time past committed Acts tending to Lunney; and it being allowed by the Attorney for the Prosecutor's that the Debts proved, amounted to 1300 l. and that they had received in Money and Effects 1100 l. upon the whole the Jury acquitted him.
N. B. The further PARTICULARS of the TRIAL of PRIOR GREEN, by the unavoidable Indisposition of Mr. BROOKER the Compiler, the Proprietors of this PAPER cannot oblige the PUBLIC with at present, and humbly hopes their DELAY, in publishing this SECOND PART so many Days after the former, (to their very great Loss) will be interpreted as it really is, 2 Willingness to have obliged the PUBLIC had it been in their Power, and promise to give it genuine in the next Paper, in Case Mr. BROOKER recovers.
Barrett was found guilty , and Thompson Acquitted .
Both acquitted .
Guilty 4 s. 10 d.
Guilty 10 d.
Sinvin Guilty Felony, and Dudey Acquitted .
Guilty 10 d.
Both Guilty .
Martha Penny , was indicted for stealing a Leghorn Hat, and other Things , the Property of Sarah Bolton , April 7 .
Guilty 10 d.
Guilty 10 d.
Guilty 10 d.
Guilty 10 d.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of DEATH, 8.
BURNT in the HAND 4.
To be WHIPPED, 4.
John Atkinson , William Briers , Robert Bunch , Sarah Burk , John Emes , James Harris , Ferdinando Lee, Frederick Mackennis , George Moon , Richard Roper , John Salmon , James Steadman , Peter Triquett , Thomas Wilks , George Wiltshear , Hannah Adley , Margaret Barret , Ann Barrett , Mary Bide , Tho Catlin , John Charlton , Patrick Donegan , Elizabeth Earle , Thomas Glover , John Glynn , Wm Grant , Jane Green , George Henry , Ruben Kilburn , Elizabeth Lyons , Ann Macdonnald , Mary Miller , Martha Penny , Elizabeth Pinner , George Pope , James Pratt , John Read , George Scriven , Eliz Sutton , and Elizabeth Watson .