WEDNESDAY the 14th, THURSDAY the 15th, FRIDAY the 16th, and SATURDAY the 17th of July.
In the 16th Year of His MAJESTY'S Reign.
BEING THE First SESSIONS in the MAYORALTY OF THE
LORD-MAYOR of the CITY of LONDON.
Printed and Sold by T. COOPER, at the Globe in Pater-Noster-Row.
BEFORE the Right Honourable GEORGE HEATHCOTE , Esq; Lord-Mayor of the City of London, Mr Justice PARKER, Mr Justice WRIGHT, Sir JOHN STRANGE , Knt. Recorder, Mr Serjeant URLIN, and others of 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. Martha Leaver was indicted for stealing three Silk Gowns, val. 30 s. a laced Mob, val. 3 s. and a Silk Handkerchief, val. 1 s. the Property of Joseph Noble , out of his Apartment at the Treasury , May 31 . Guilty .
Elizabeth Simpson . This Day three Weeks I went out about 12 o'Clock, and left the Door of my Room double locked, and when I came back I found it broke open; this Poker was at the Feet of the Bed, and the Staple of the Lock in the middle of the Room. The Prisoner lodges on the same Floor, and this Poker belongs to her Room: she confessed she had pawned the Cotton Gown to Mr Matthews, and sold my Stays to a Woman in the Street, for 4 s.
She was a second Time indicted, for stealing one Gold Ring, val. 8 s. one Diamond Ring with a Ruby Stone , val. 21 s. a Holland Apron, val. 2 s. and a Flaxen Sheet, val. 4 s. the Property of Elizabeth Crachnell , May 29 . Guilty .
4. William Fennymore , of St Martins in the Fields , was indicted for stealing one Camblet Gown, val. 2 s. a Velvet Mantelet, val. 4 s. a Velvet Pilgrim, val. 6 s. and sundry other Things , the Property of Elizabeth Finkell , June 26 .
Elizabeth Finkell . I lost the Goods out of my Lodging, in College-street, Westminster . I had been in the Country for a Month, the Prisoner is a Carpenter , and worked at next Door, he had the Keys of several Houses; when I came home, I missed my Things, and upon Enquiry, the Neighbours told me he had been several Times in the House, and had let himself in: I had him taken up, and he confessed he had been in my Lodging two or three Times, and owned the taking all the things in the Indictment; he said he had lodged them in a Friend's Hand, he sent to his Friend, and they were brought.
Elizabeth Parsons , of St. John Wapping , Spinster, was indicted for stealing 23 Pieces of Gold Coin, called Guineas , the Property of Richard Staples , June 21 . And,
Jane Staples , Wife of Richard Staples . Three Weeks ago, last Monday, I lost 23 Guineas out of 2 Drawer, in the Room where I lay. I taxed Elizabeth Parsons with it, she is my Apprentice , I asked her how she came to take them, or who persuaded her to it; she stood very strongly in it, from Monday Morning till Tuesday Night, that she knew nothing of them; then she confessed she took them, and that Elizabeth Millinton persuaded her to it, and that Mrs Millinton should say, let me put my Hand into the Bag myself, and then you can say you did not take it. And at this Juncture Ann Wright came and cried out, oh! have I caught you; whereupon Millington said, we must give Wright a Guinea, or else she will blow us; and she had a Guinea.
Q. Did you make her any promise of showing her Favour, if she confessed.
Staples. I told her if she spoke the Truth, I believe it would be the better for her. - I could make her no Promise. - Dawson proved she confessed it before Justice Dennet. Guilty, 39 s.
Millinton and Wright acquitted .
10. Richard Hill , of St. Alban Woodstreet , was indicted for stealing one piece of Gold Coin of Portugal, val. 18 s. three pieces of Gold Coin, called Guineas, val. 3 l. 3 s. one half Guinea, val 10 s. 6 d. and 4 s. 6 d. in Silver , the Property of John Ward , June 20 .
John Ward . I live at the Bird-Cage the corner of Wood street. On the 21st of June I missed some Money out of a Drawer, I cannot justly say how much. I can take upon me to say 2 Guineas positively. - I had counted the Money the Night before, and there were near 50 Guineas. The Drawer was not broke open. I found the Prisoner had Money, and that he had bespoke a new Suit of Cloaths, and a Wigg; I went to the Master he lived with before, to inquire if he knew of his having any Money, he told me he believed he had none, for that he had borrowed half a Crown to buy a pair of Shoes. On Monday I took him into a Room with two or three Neighbours, and put it close to him, and he immediately confessed he had robbed me, desired his Box to be brought down, took his Key and opened it, took the Money out, and said, This is the Money I took from you last Sunday Morning.
Prisoner. I had not all the Money he mentions, for I had Half a Guinea and three Sixpences of my own.
Q. Had he any promises of Indulgence before he confessed; for the Jury will consider that.
12. James Maccoy , of St. Giles's in the Fields , was indicted for stealing one Cloth Wastcoat, val. 3 s. 1 Cloth Wastcoat, val. 4 s. 1 Cloth Wastcoat, val. 5 s. and 1 Cloth Wastcoat, val. 6 s. and and other wearing Apparel , the property of Joshua Bradock .
Joshua Bradock I keep a Slop-Shop in Monmouth-street , I have lost several Goods, some of which I have redeemed out of Pawn; the Prisoner was my Servant , and went away the 30th of May; I took him myself over-against St. Giles's Church, about a Fortnight ago; he was carried before Justice De Veil, and did not then deny the Robbery, but desired Mercy. These are some of the Goods, they were found at Mr Stone's in Long-Acre, they are my Goods.
Prisoner. I was quite confounded at that Time; I did not know what I said, no Body can say I ever wronged my Master of any thing. Guilty , Felony.
John Young , of St. Martin in the Fields , was indicted for assaulting Martha the Wife of George Washington , near the King's High-way, putting her in Fear, and taking from her a Leather Pocket, val. 1 d. and 42 s. in Money , the Goods and Money of George Washington , June 30 .
Martha Washington . I was going down Denmark Court , and the Prisoner Young came upon me on a Surprise, put his Hand down my Bosom, and took out a Leather Pocket, in which was 42 s. and gave it to another Man; there was a Woman with them, and she cried out, Cut her Throat; no says he, I will not cut her Throat, I have got her. Money, and she can't go to Law with us now. I did not hear the Man he gave the Purse to make any Answer.
Q. Have you been any Time acquainted with me?
Washington. I have known him a good while, he kept the Bull and Butcher in Clare-Market ; I gave him a Groat for roasting a Green Goose for me, and he cut the Wings off. I know him to be the Person who robb'd me; I am sure of it, if I was this Minute to die, I would swear it.
Q. Did I come before or behind you?
Washington. I cannot say which, he came upon me all on a sudden.
Q. How far was the Purse down your Stays?
Washington. It was but a little way down, for I am pretty loose, and cannot go strait-laced, he laid hold of me on the Shoulder before he took the Money, then he run his Hand down and took it out, and then gave it to the other Man. - I think he laid hold on my Shoulder first, I cannot say he hurt my Flesh.
Q. Was you under any Surprize when he took hold of your Shoulder?
Washington. I was under some Surprize to have some Body lay hold of my Shoulder, and see a Man behind me and know nothing of it. -
Q. Do you always put your Money in your Bosom?
Washington. I generally do.
Q. Did not you declare before Col. De Veil, that the People met you, and did not come behind you, but before you?
Washington. No. For I cannot be certain which.
Q. Did not you offer before Col. De Veil to make this Matter up, and give him a general Release?
Washington. No, I never did, I will abide by that, I will till the Day I die. It was about 10 o'clock at Night.
Prisoner. I leave my Defence to those Persons who were at Supper with me that Night, and staid till Eleven o'Clock; this is done out of Spite; I was informed against by her, for selling of spirituous Liquors, whereby I incurred the Penalty of ten Pounds. She has rioted me, and swore she would have my Life a great many Times.
Joshua Brogden . I went to Col. De Veil's Clerk to get a Warrant against the Prosecutor, for obstructing the Prisoner in the Execution of his Office as a Bailiff, and had a Warrant against her. The Prisoner did afterwards indeed agree to give a Release, for I told him he had better do it: When she came to charge him with the Robbery, Young brought half a Score-Witnesses, who could swear he was in his House all Night, till about Eleven o'Clock.
- Saltmarsh. I was at Young's House from Half an Hour after Nine, I am positive, to half an Hour after Ten that Evening, and Young was not out of the House; 'tis in Eagle-Court, facing Somerset-House. And from thence to Denmark-Court is about as far as from hence to the End of the Old Baily.
- Tooly. I was in Company at Young's House on Wednesday the 30th of June, this Day Fortnight at Supper on Mackarel; I went there at half and Hour, or a Quarter of an Hour after 9, and stand till near 11. The Prisoner was there all the Time.
Jonathan West . I was there from half an Hour after Nine till near Eleven, he was there all the Time, there were some Women a scolding, yet he would not go out, but said, D - n the Women they are always a scolding; I heard the Prosecutor say the same Day the Robbery was committed, D - n you, you Dog, I will be revenged on you.
Mrs Biggs and Mrs West confirmed the above Evidence.
Stephen Scot . The Prosecutrix is a wicked vile Woman, she said Young had used her ill in saying she had inform'd against him for selling of Gin, and wanted to have a Warrant for him, I think it was this Day Fortnight, but said nothing of robbing then.
- Halfpenny. I heard her threaten Young and say if she could not hang him herself somebody else should.
Christian Crul , in the Shop of Christian Crul , June the 5th . -
William Bryers . On July 2, about 11 o'Clock, when I came Home to Mr Vincent's, some Carpenters who were at Work said, I believe your young Man has given you the Slip. - The Watch when I saw it last hung up in my Room, but when I went up it was gone. The Prisoner was the next Day brought before Justice Morrice, and then confessed he took it.
John Clack . I have known the Prisoner two Years, he came and sold this Watch to me on Friday the 12th Instant for 37 s. he owed me 30 s. so I gave him 7 s. I asked him whether it was his own, he said yes. Guilty .
William Mascall . I was Collec tor of the Toll at Fulham Bridge , this Woman sate down upon the Step and said she was waiting for somebody that was coming over the Bridge, it was about 12 o'Clock at Night; I laid down upon the Bed and fell asleep, she took the Key out of my Pocket, opened my Drawer and took out 20 s. which was in a wooden Piggin. About 5 Weeks after she came to the same Place at Fulham; I charged her with taking it, she took me on one side, own'd the taking of it, and said she would pay it one Shilling per Week, she agreed to stay in the Toil Room; in the Morning I brought her before Col. De Veil, she said it was the first Fact, and that she was guilty. - The Prisoner in her Defence intimated that the Money was given her to permit Freedoms, to which however she would not consent; but had no Evidence to support it. Acquitted .
20. William Rusdell , of St Margaret Westminster , was indicted for assaulting and ravishing Sanders Ann Parsons , of the Age of eight Years, and under the Age of ten Years; and against the Will and Consent of the said Sanders Ann Parsons , carnally knowing the said Sanders Ann Parsons , &c.
Elizabeth Marshall . May 31, I went into a House with this young Man, Rusdell, I saw Sanders Ann Parsons , and the Prisoner, upon the Bed together; her Cloaths were up, and his Breeches were unbutton'd and down, and he was upon the Child; he bid the Child get off the Bed, and the Child did, and then he also got off. - I saw nothing else while they were upon the Bed, when the Child got off the Bed she said, Oh! what have you done, you have pulled up my Cloaths, and tore my Cap off. - She got off the Bed before him. I asked him what made him do so, and he made me no Answer. - She complained of nothing else, but that he had pulled up her Cloaths and tore her Cap off.
Mary Parsons . When I heard of this Misfortune on the 7th Day of June, I carried the Child to Mr. Edmonds the Surgeon, to know whether he had done her any Damage. - I did not know of it till a Week after it was done. - I asked her before I went to Mr. Edmonds how it happened, and what she did there? She said nothing to me about it. - Mr. Edmonds and his Servant both examined the Child: Mr. Edmond's shook his Head, and said it is very proper the Fellow should be secured: - He said the Child had received Damage enough, for he had made a very great Attempt upon her. I carried her down again by his Order, on the Friday following, and he looked upon the Child again, and gave me a Box of Ointment, to anoint the Child in the Place where he said the Child was affected, that is all I can say of the Matter.
William Harvey . I am Apprentice to Mr. Edmonds, and was present when the Child was brought, June the 7th, in the Morning, the Woman complained that the Child had been misused, and desired the Child might be examined; so my Master and I both examined the Child, and externally there were very great Bruises all over the Part; and internally, there was a large Excoriation, and a
Mr. Setcole. The Prisoner at the Bar came into my Shop, in West-Smithfield , the 8th of June, between the Hours of five and six, and she pretended to buy some Holland; her Behaviour during the Time she was in the Shop, gave me a Suspicion of her; when she went out, one of my Servants was ordered to go after her, but Mr Walker being in the Shop, offered his Service and followed her; while she was gone, I searched whether I had lost any thing, and missed a Piece of washed Dowlas, and in less than about 10 Minutes, Mr. Walker brought her back with the Cloth under her Arm; she came running into the Shop with the Cloth, and threw it down where she had been sitting. She was carried before Sir Robert Godsehall , she owned the Fact privately to us before, but did not own it before Sir Robert Godschall . - She said it was the first Fact she had committed.
Q. Did your Servant show her the Cloth or yourself?
Mr Setcole. My Servant. She had agreed for three Ells of it, and paid one Shilling in part.
James Walker . I was in Mr Setcole's Shop the 8th of June, and saw the Prisoner at the Bar, bargaining with Mr Setcole's Servant for some cloth; as soon as she went out of the Shop, Mr Setcole said he was afraid she had taken some Cloth; he talked of sending a Servant to follow her, and I said I would follow her myself, which I did, and at the End of a Court, there was a Door, at which she went in and shut the Door; I immediately opened the Door, and saw her Petticoats up, and the cloth then coming from under them. I took hold of her, and told her, Madam, - I called her Madam, because she was dressed in a fine damask Gown, and fine Cloaths. - Madam, said I, you must go with me to Mr Setcole's the Draper, from whence you came; she immediately took the Cloth and put it under her Arm, and came along with me; coming thro' the Cloysters, she fell down upon one Knee and dropped the Cloth, I suppose with Design of leaving it, but she took it up and brought it with her, then I saw her go into Mr Setcole's Shop, she gave a little sort of a run, slipp'd into the Chair, threw the Cloth down, and threw another Piece of Cloth which was upon the Counter, upon the Piece which she brought in with her, and had thrown down before; immediately I took up that Piece of Cloth which she had under her Arm, and brought in and threw upon the Ground, and asked Mr Setcole, is that your Cloth? for that was the Cloth which that Woman took from under her Petticoats and brought under her Arm.
Q. Did you make a Mark upon it?
Walker. I did not.
Setcole. This is my Cloth.
Q. Have you any Mark by which you know that to be your Property. -
Setcole. Yes! the Mark is upon it now. - This is the Mark.
Walker. I took her into the Counting-House, and sat with her about half an Hour, while Mr Setcole sent for a Constable; and she begged hard that I would not send her before my Lord Mayor or any Magistrate, that it was the first she ever committed, and had 4 Children.
Q. Did you make her any Promise of Favour?
Q. Did you, Mr Setcole?
Mr Setcole. No. I told her I would do her Justice.
James Mabbs . On the 8th of June, the Prisoner at the Bar came to Mr Setcole's Shop, under pretence of buying some Holland. I shewed her several Pieces, whereof we agreed for one: at the Time we were agreeing, I observed that she had something under her Coat, sometimes shuffling, as if she had something she was afraid should drop, by which I immediately imagined she had robbed us of a Piece of Cloth; after we had agreed for the Holland, she desired me to cut off three Ells, which I did, and put it into a Paper for her, and she gave me a Shilling Earnest; as soon as she was gone, we all agreed that she had taken something, and intended to send a Servant after her, but Mr Walker being in the Shop, he offered to go, and in ten Minutes Time she came back with the Piece under her Arm; she sat down in a Chair in the Shop, and flung the Piece of Cloth down upon the Ground, and endeavoured to pull another Piece of Cloth off the Counter to smother it, that I should not know which it was: In the Time that she was gone, I missed a Piece of Cloth, and found that Piece which I took up to be the same Piece which I before had
William Ford , Constable, Mr Setcole came to my House and told me he had lost a Piece of Cloth, and that he had detected the Woman in the Fact, and desired me to come and take Charge of her; she begged I would endeavour to make the Affair up, and she would send for Friends and make Satisfaction, that she had 5 Children and desired me to make it easy.
The Prisoner, in her Defence, said she went into the Court to make Water.
Walker. I saw no Water. - I saw her pull this Piece of Cloth from under her Coats. - She very willingly came along with me; she was dressed in a very fine Manner. - I did not lead her along, for I was not afraid of her getting away.
Q. Have you not several Pieces of Cloth with the same Mark? -
Setcole. Yes, but there were none such upon the Counter.
Prisoner. I have a great Number of Witnesses to my Character.
Thomas Palmer . I know her and her Husband very well, they have three or four small Children, her Husband is an honest Man, a Perriwig-maker. I have known her four or five Years. - I do not think she would do such a Thing.
Ann Craven . I have known Mrs Shirley for about 2 Years, I have worked Plain-work for her. She is an industrious Woman, and works hard for her Living. I never heard any harm of her, she bears a very good Character.
Mary Bates . She is a very honest Woman, and paid me very justly for what she had of me, and works hard for her Children. I never heard a bad Character of her, which made me the more surprized when I heard this.
22. Mary Terry otherwise Rhodes , of the Parish of St Catherine's , was indicted for that she not having the Fear of God before her Eyes, &c. on the 30th Day of June, in the 16th Year of His Majesty's Reign , in and upon the Body of one John Hussey , otherwise Husday , did make an Assault, and with a certain Razor of the Value of 1 Penny held in her Right-hand, upon the Throat of the said John Hussey , otherwise Husday, did give him one mortal Wound of the Length of 5 Inches, and the Depth of 2 Inches, of which Wound instantly died.
She was likewise charged on to Prisoner's Inquest for feloniously slaying the said Hussey.
At the Prisoner's Request the Witnesses were examined apart.
Rebecca Holder . On the 30th of June I had been making merry with my Friends, it was my Birth-Day, I was then 26 years of Age. As I was coming over Tower-Hill I met the Prisoner, she lodged in a House that I was Servant at, one Richard Dyer 's, She asked me to drink, I told her I had but three Half-pence and I would spend it with her, so we drank a Pint of Beer; we met a middle sized Man, and he said to her Molly how do you do, and they began to talk very lovingly together, and I sat down at the Door of the Hamburgh Arms and drank a Pint of Beer; I said I could not stay, she desired me to stay a little; she went into her Lodging which was just by, and stay'd better than a Quarter of an Hour, I was tired with waiting, so I goes up Stairs, and calls, Molly.
Q. What Room did they go into?
Holder. They went into a Room two Pair of Stairs backwards. I went up Stairs and heard a very great Debate, as if he had lain with her, for she asked him for a Shilling; I was then at the Door where they were. I came down again, In about 10 or 12 Minutes, or a Quarter of an Hour, I saw the Prisoner holding a Hat under his Chin to his Throat, and he bleeding into it, the Man was standing thus, the Head leaning a little forward.
Q. What Sort of a Hat was it?
Holder. It seemed to be an old Hat.
Q. Was it a Man's Hat, or a Woman's Hat?
Q. What Reason had you to believe it was her Barbarity?
Rebecca Holder . At first I asked her, how she could be so barbarous as to let me stand so long at the Door when I have no Money in my Pocket? And when I saw the Man bleeding, then I asked her, how she could be so barbarous to murder the Man? She said, if I knew the old Rogue so well as she did, I would not call her barbarous; but she desir'd I would not take any Notice of it. She has never been at home since. I call'd upon one Ann Hyam , in Grubstreet, and told her, I was very much shock'd to see the Thing.
Q. Was the Man alive when you saw him bleeding and under his Throat?
Rebecca Holder . I cannot tell, I did not go in to see; I run down Stairs very much surprized - I saw not the Man afterwards. The Prisoner's Right-hand was bloody, her Apron and Neck-Handkerchief were both bloody - I never saw her after that Night. - I was last Monday before the Coroner.
Prisoner. Why did you not make a Declaration of this sooner?
Prisoner. Did you ever live with one Glass on Tower-Hill?
Holder. I never lived with any Body there.
Ann Hyam . I know nothing of the Prisoner, but what I had from Rebecca Holder , the Prosecutrix. On the 30th of June, the Prosecutrix came to my Lodging, said she wanted to speak with me, and begged I would let her in, she said, she had been a Merry-making with some Friends, on account of her Birth day, that coming over Tower-hill, she met the Prisoner, who asked her, whether she would go and drink a Pint of Beer? Which they did; that they met a Man, and the Prisoner and the Man went up Stairs into her (the Prisoner's) Lodgings, that she desired her to stay, and she would come again presently. That she went into a House on Tower-hill to drink a Pint of Beer, till she came down: She thought she staid a good while, so went up Stairs, and heard a great many Words pass, as if they had differed; that some time after that, she looked into the Room, and saw a Man bleeding very plentifully at the Mouth and Nose. I advised her to go before a Justice and make a Discovery, but she did not go for some Days.
Q. Do not you know who this Man was?
Elizabeth Portington . On the 30th of June, about 10 or 11 o'Clock at Night, the Prisoner came to my House, and asked, if she could lie there; I told her, I could not accommodate her. I asked her, What she had been about? One of her Hands was bloody, her Apron and Neck-Handkerchief a little splashed, she said she had been in a Quarrel ; she desired I would not speak of it, nor take any notice that I saw her, and then went away.
Prisoner. Were you never a Witness in any Case for Mrs. Ivers ?
Partington. I never was that I remember.
Court. This is a soleman Transaction, pray recollect your self.
Portington. I cannot say that I was a punctual Witness.
Court. The Question was, Whether you were not a Witness upon any Occasion?
Portington. Not that I remember.
Prisoner. Had you never an Oath administred to you?
Portington. No; I never had.
Prisoner. Was not you a Witness for her once in Doctors-Commons ?
Portington. Yes, once she took me there about some Money.
Court. Did not they give you an Oath upon this Occasion?
Portington. I was asked Questions, and laid my Hand upon a Book.
Prisoner. Was not you a subscribing Witness to a Will for Mrs Ivers?
Portington. No; I never was.
Edward How . I saw a Man lying dead, with his Throat cut, in a Room up two Pair of Stairs backwards, on Friday, July 2, in that House which was formerly the Blue-Anchor, by the Ditch Side, on Little-Tower-Hill. - I do not know any thing of the Woman.
[R. Holder called again.]
Court. You say, Holder, that when you went up Stairs, you saw her holding a Hat under his Chin, and the Blood running into it; in what Position was the Body, was it lying or sitting?
Holder. It was standing upright, in this manner; [ leaning her Head a little forward] by the Debate there was between them, I suppose he had lain with her, and that she wanted some Money of him, because she said, he was not so good as his Promise.
Holder. I was at the Landing-place, just by the Door. - The Door was a-Jarr, not open, - There was no Bed in the Room; there was something of Flocks or Feathers lying in an odd manner, and an old Waistcoat.
Q. When you saw this Man thus bloody, did you hear any struggle between them?
Holder. No; but she had called him old Rogue, and Son of a B - h.
Q. Did not the Man cry out?
Prisoner. My Lord, these People have often been concerned in forging of Seamen's Wills and Powers; I had given an Information against 14 Persons, which was made before Justice De Veil; I am the unhappy Widow of that Rhodes, who was executed on Monday, for being concern'd in these Practices; they have lodged this Indictment against me to take away my Life, to prevent my giving Informations. I have seen so much of the Wickedness of these Things, that I went and made a voluntary Confession; for that Reason they seek my Life; they have threaten'd it several Times.
William Wintx , Deputy to Mr King the Coroner. On the 3d of July, I went with my Inquisition to view this Body, in a House by Tower-Ditch; up two Pair of Stairs in a Back-room, there was a Body lying with the Head almost cut off, a Hat full of conjealed Blood, and a Razor all bloody. - There was not one Spot of Blood on the Floor, which makes me conclude the Murder was not committed there. I got a Candle to examine the Floor though it was light enough; but I was willing to be thoroughly satisfied: The Head lay upon a Heap of Rubbish, I turned the Head aside, to see if there was any Blood under it, and moved the Rubbish with my Foot, but there was none, which must have been if he had been murder'd there; they likewise viewed every Room in the House, and could find no Blood in any of them. - I do not think that the Man was murdered in that House, for there must be more Blood come out of a Body than the Quantity that was in the Hat; and the Room did not appear to have been washed lately.
Prisoner. I had made an Information about 12 Months ago about forging of Wills, and there are many that do these Things to wrong Widows and Children; but if it please God I live to come out, I will make a Discovery of all that I know.
[Holder call'd again.]
Court. Consider what it is to swear against a Woman when her Life is at stake, why did not you go and give an Information of this?
Court. It is an unreasonable Thing to suppose, that you should see a Man standing up, and bleeding into a Hat, with his Throat cut, and not cry out murder, and give an account of it directly. Acquitted .
Hannor. On the 10th of February I was robbed, between 6 and 7 o'Clock, of four Guineas and 17 s. 6 d. in Silver, in the Middle-ward, in the Poultry-Compter . I am a Debtor there, my Money was in my Breeches under the Quilt; she got her Discharge and went away the same Evening. I was very sick in Bed. She was brought into the Compter, July the 1st, for stealing Fustic. I asked her, How she could rob me? She confess'd it, and told me, she was persuaded to it by - Brown, and - Macdonald.
William Vere . On or about the 10th of February, I, the Prisoner at the Bar, and the Prosecutor were all Prisoners for Debt, the Prosecutor was then sick, and attended by the Prisoner as a Nurse; she was brought in here again the 1st of July, I ask'd her, How she could be so barbarous as to rob the Prosecutor when he was sick, in distressed Circumstances, and a Wife and four Children to maintain? She said, she was persuaded to it; but if he would make a Debt of it, she would give him her Husband's Will and Powers.
Agnes Kitson . Cavenagh, and the Prisoner, came into my Shop, in Aldersgate-street, and asked for some Handkerchiefs, I took down a Parcel and show'd them, and then more; they were very difficult, bid me less than they cost, and went out of the Shop: I miss'd the Goods immediately, went to the Shop-door, and said, those Men have robb'd me; they were pursued and brought back; I am sure these are the Goods which were show'd to them; they are Handkerchiefs, there are 3 in one Piece, and 2 in the other; when they came back I said, I will have you search'd, for you have robb'd me. The Prisoner at the Bar, open'd his Breast and bid me search, and so did the other.
Prisoner. I offer'd her 5 s. for two Handkerchiefs, and she asked but 5 s. 6 d.
Christopher Baker . On the 1st of July, I was sitting in Mrs Coleman's Shop, under which is a Cellar, I saw that Man and Lot Cavenagh go by the Door, it was not long before they came back again; I saw one of them make a Motion with his Hand, and within a Minute after, a Girl said, Lord, there is a Piece of Silk in our Cellar; then said I, go down and fetch it, and the Girl did, and Mrs Kitson said, the Goods were her's.
Lot Cavenagh* , The Prisoner and I made an Agreement to go into this Gentlewoman's Shop, to cheapen some Handkerchiefs, and take away as many as we could; she showed us several Parcels, and we came pretty near the Price.
Q. Did he take them or you, if you really took them, do not be ashamed to own it?
Cavenagh. He took both the Pieces, and put them into his Bosom.
Prisoner. My Coat was open at that time,
Cavenagh. He put them between his Waistcoat and Coat, his Coat was button'd. When we had got about 40 Yards from the Shop, two Men laid hold on us, and brought us back; as we were coming back, William South threw the Handkerchiefs into a Cellar.
Prisoner. I am but a Stranger, having been but about 6 Weeks in Town; I was recommended to a Gentleman's Service, but was disappointed; I thought of returning to Ireland, and was going down Aldersgate-street, to see when the Waggon went out, I met this Gentleman, and he said, he was going to buy a couple of Handkerchiefs, so I went into the Shop with him.
Cavenagh. He proposed going into the Shop first; we are Countrymen, I have not seen him before for 8 or 9 Years.
Eleanor Morel . I have known him about 5 Weeks here, and some Years in Ireland, his Father is dead, he was an Apprentice to an Apothecary in Ireland, has run out his Fortune by Extravagance; he kept good Hours till he got acquainted with Lot Cavenagh.
Cavenagh. She is his Wife my Lord, they came over from Ireland together.
Morel. I am not his Wife. Guilty, 4 s. 10 d.
26. Ann, the Wife of James Glass , otherwise Ann Cox , Widow, was indicted, for that she, together with a Man unknown, did feloniously assault Catherine Glass , Spinster, about the Age of 12 Years , and that the said Man unknown, did feloniously ravish her, the said Catherine, and that the said Ann was present, aiding and assisting the said Man to commit the said Rape , Feb. 5 .
[Being then interrogated concerning the Nature of an Oath, and giving a satisfactory Answer, was sworn.]
Q. Did you consent to his lying with you?
Catherine Glass . She made a Man lie with me, - one Thomas, a Carpenter, - in the Month of November, she stood over me with a Case-knife in her Hand whilst the Man lay with me. - This was in a Cellar in Grosvenor's-Mews. - She said, she
Q. Did she do any thing at that Time that Thomas the Carpenter lay with you?
Q. Did you resist Thomas the Carpenter?
Cath. Glass. Yes, Sir.
Q. Did he lie with you?
Cath. Glass. Yes, Sir.
Q. Did he enter your Body at all?
Cath. Glass. Yes, Sir.
Q. Was it by Night, or by Day?
Cath. Glass. It was in the Middle of the Night.
Q. When did you first complain of this Injury you received?
Cath. Glass. I never complained of it till after I had been in the Workhouse 2 Months.
Q. Who persuaded you to complain of it then?
Cath. Glass. My Godmother threaten'd to send me to Bridewell, if I would not tell the Truth, and my Mother-in-law order'd me, if I was with Child, to lay it to my Brother-in-law, which I could not do.
Q. Do you know what is become of Thomas the Carpenter?
Cath. Glass. I heard he was here Yesterday, I did not see him.
Prisoner. Was not your Father in the House all the while.
Cath. Glass. No.
Prisoner. Was not he in the House at the Time that you speak of this being done?
Cath. Glass. He was in the House that Night, he came for a clean Shirt, and went back again to Woolwich.
Sarah Triphook , the Child's Godmother. I went to see the Girl after she had been in the Workhouse about two Months; I said, what do you come in here for? She said, for the Dropsy; she was pass'd from St. George's Workhouse, to Marybone; I said, I did not think it was a Dropsy, and took her to Dr Ross, he offer'd to take her as an Out-patient, I said, that would be of no Service to the Girl, because she had no Friends: I told him she had confessed what had happened, and he stripp'd her stark naked, and examined her, and then he was of Opinion that she was with Child: This Woman at the Bar fetched her from Greenwich, and carried her to a Cellar in Grosvenor's Mews, the Child told me, Thomas the Carpenter was at the Head of the Bed with the Prisoner at the Bar, and she was at the Feet. She said, she stood over her with a Case-knife, while Thomas the Carpenter had to do with her, and that the Prisoner should say, if you do not let him lie with you, or tell your Father, or any Body else, she would cut her Throat from Ear to Ear; and said, that Thomas the Carpenter did lie with her. The Prisoner came to me in Tyburn-Road, the Saturday Night before she was taken up, and said, if I could get the Girl out of the Workhouse, she could make her confess who the Father of the Child is, and she knew the Father to be worth Money.
[The Jury desired the Matron of the Workhouse might be called, to know if the Child had over varied in her Account of this Matter ]
Ann Ramsey . I am Matron of the Workhouse; I found this out first, and asked her, whether she had had any Dealings with Man or Boy, for I did not take her Disorder to be a Dropsy; this was about 2 Months after she came into the Workhouse, she said, no; she had not: Hussey, said I, you must have had to do with some Body, for it is not a Dropsy, and you must confess it to me, or the Overseers will send you to Bridewell; then she confess'd it, and that it was by her Mother-in-law's Son, that he lay with her several Times, and once in Bed with her Mother-in-law; she would not confess any thing to me, concerning Thomas the Carpenter, but only the Boy Webly Cox; she did not confess this till April. She always gave the same Account, and did not vary in it.
Jer. Longbottom. This Girl's Father lodged in my House at Greenwich, he was a Matross, I never saw any harm by the Prisoner.
Prisoner. This Woman can swear my Husband was at home in Bed with me that Night.
Eliz. Pyle. I know he was, but I cannot tell the Day of the Month.
Prisoner. I thought the Child look big, and I said to her, Hussey, what have you been doing, you are with Child; she denied it, I got some Neighbours to search her, and they thought she was not with Child. Acquitted .
27. Anna Maria Neale , of St Mary Whitechapel , was indicted for stealing one Silk Handkerchief, value 2 s. 6 d. one Apron, val. 7 s. one Piece of Silk, and several other Things the Property of Edward Heylin , Mar. 30 .
Edward Heylin . In April and May last, I lost some Handkerchiefs, Linnen, and several other Things, the Prisoner was my Servant at that Time, she left my Service under pretence of going into the Country; but instead of that, I understood she had got a Service in the Neighbourhood. My Servant was complaining to the Washerwoman, that some of the Linnen was missing, (we discovered it by that) I found out where she lived, and got a Warrant to search, and went the 23d of June, with an Officer, to Mr Turner's in White Lyon-Yard, but in her Box we could only find two Pair of Gloves; Mr Turner's Son said, he suspected she had acted the dishonest Part, by the Handkerchief which she sold a Relation of his; I showed him a Handkerchief I had in my Pocket, and he knew his Relalation had bought such a Handkerchief, I knew it by the Mark of H in the Corner, tho' the H was pick'd out, the Mark of an H remained; her Box being since searched, several other Things were found that are mine.
Ann Gibbons . I went to her in Bridewell, she said, she bought the Handkerchief in Rag-Fair; that she had nothing of her Master's, and bid me take care of the Writings that were in the Box. This Apron was in the Box, I know the Apron perfectly well, by seeing her wear it at Mr Turner's.
- Howard. I know the Apron to be my Mistress's Apron.
- Swafield, the Constable. Two Pair of Gloves were found in the Box, and owned by Mr Heylin. Guilty .
28. William Flemmar , otherwise Flemming, otherwise Silver Keels , of St Peter's Cornhill , was indicted for stealing from the Person of William Roberts , a Silver Watch, value 40 s. the Property of the said William Roberts , Mar. 1 .
W. Roberts On Monday, the 1st of March, I was at the Globe in Whitechapel, I staid there till about 9 o'Clock at Night, and then designed to go home directly; I went through Aldgate, came up Leadenhall-street, that Side the India-house is of, and saw very few Persons; but by St Peter's Church, the Corner of Gracechurch-street , I found my self immediately in a Crowd of People, I believe four or five before me, and one or two just at my Heels. I had not gone far before two or three cross'd me, and the first run, I believe he had an Eye upon the Chain of my Watch, and got the Watch, then he cry'd, Hallow, and they all run away, down Gracechurch-street ; I immediately put my Hand to my Pocket, and said, 'tis gone, 'tis in vain to go after them; I then told the People. I had a Mischance, and lost my Watch: I look'd into the Papers to see if it were advertised, and not finding that, in a few Days I advertised it my self, and then a Person came to me, (I think it was Tuesday was Seven-Night ) and said, he believed there was a Man in the Poultry-Compter could tell me something of it; I went there, and William Cavenagh asked me, if I had not a Leek in my Hat, in such a Place, the 1st of March, and whether I was not robb'd of my Watch? I said, Yes: Upon which I asked him, if he could not procure me my Watch again? He said, he would endeavour to procure me my Watch; he said, he was the Man that took it from me. The Watch is in Court. This is the Watch.
Prisoner. I never saw the Man in my Life. - This vile Villain will swear away my Life.
William Cavenagh . On Monday, the 1st of March, the Prisoner at the Bar, and one William Bryers , and my self, went out with an Intent to rob any Person, that we could conveniently: We went from Rag-Fair, and between 9 and 10 at Night, in Cornhill, we met this Gentleman, Mr Roberts. The Prisoner at the Bar, and W. Bryers passed him, and when I saw him, I turned back from him, and walked before him; then they turned round and seized his Arms, and kept him that he could not go any farther, then I turn'd round and came up to his Face, and took his Watch out of his Pocket, the Watch which is now produced, is the same Watch I took from him, we run down Gracechurch-street immediately; we sold the Watch jointly, to one Jack the Sailor, who is now in Newgate, and he sold it to the Person I got it of; we sold it for two Guineas, and divided the Money.
Prisoner. My Lord, this vile Rogue is only going to swear my Life away to save his own, and there is Evidence against him now, at this Time; and when I was carried to Woodstreet-Compter, to him, he said, he would not hurt a Hair of my Head; but he only did it to make his Information stronger than the others. Guilty 10 d.
29. Mary Broomhall , of St Andrew, Holbourn , was indicted, for that she, the said Mary Broomhall , in the Dwelling-house of the said Mary Broomhall , upon the Body of John Smith , did feloniously make an Assault, and put the said John Smith in bodily Fear, and took from him, a PairJohn Smith , July the 5th .
John Smith . Last Monday was Seven-Night, I was going along Holbourn with a Bundle, between one and two in the Day. I was directed to carry this Bundle of Linnen, to one Mrs Savage's, over against the Watch-house in Holbourn, to be made. I met with a Gentleman in Holbourn, whom I enquired of, and he said, he did not know any such Person, unless it was over the Way. I went up Shoe-lane, and enquired if any such Person lived there, I enquired of this Woman, she stood at a Door, and said, she lodged there up one Pair of Stairs; so I went into the House; as soon as I got into the House with the Bundle, she shut the Door, and took the Bundle from me, in the Entry, and carried it up Stairs; I went up Stairs after her, to see the Bundle safe delivered to the Person who was to have it; as soon as I got into the Room, where she told me the Gentlewoman lodged, she threw me down upon the Red, and then searched my Pockets, and took out two Silver Knee-Buckles, one Silver Stock-Buckle, and 14 d. in Money, and then she went to tearing the Paper the Linnen was wrapp'd in; I strove as long as I could to get the Linnen from her, which when I had done, I ran down Stairs and got away, and carried the Linnen to the Place where I had it from, Mr Peter Keysterman's, a Hambro Merchant, in Lawrence Pountney-lane ; he was at my Mother's the Day before, and desir'd she would let me go with it. - He sent it by me, because he has no Servant of his own. - As soon as I got back again with the Linnen, I complained to him, and he got a Constable, and we went and took her up, in the same House where I was misused. - I believe it was a Fore-room, and no Shutters to the Windows. - I did not cry out, because I thought I could manage her. - There was no Woman in the Room but herself. There were two more below Stairs.
Nath White, Constable. On Monday, the 5th of this Instant, I was coming up Holbourn, and my Brother Constable, of the same Parish, called to me, out of the White-Swan in Shoe-lane, and told me, that the Prosecutor had been robb'd at the Prisoner's House, and that he could not get in; said I, lend me your Staff, and I will endeavour to get in. I went to the Fore-Door, and the Door was shut, I went to the Back-Door, (it is the Corner of a Court in Shoe -lane) the Prisoner at the Bar asked, who was there? I told her, if she would, I would make the Thing up as easy as I could, it was some time before she gave me any Answer; at last she told me, I should not come in; but at length, sometimes by giving her good Words and sometimes bad, she let me in, on my Promise that no Body should come up Stairs but my self; so I went up Stairs with her, I told her the Prosecutor was below, that he had been robb'd of the Things mentioned in the Indictment; she said, no Body had been robb'd that Day in her House; then she bid two Women, who were in the House, look in the Back-room below Stairs, and when they mov'd a Chair or two, one of the Knee-buckles, and the Stock buckle lay under the Chair, upon the Ground. I am not positive whether I took them up, or not, or who did; they are ready to be produc'd in Court, and Smith will prove them to be his.
Smith. These are mine, this Knee-buckle, and the Stock-buckle.
White. I called in the Prosecutor, and asked him, which was the Person that robb'd him? And he pointed immediately to the Prisoner at the Bar, and said, that was the Woman that robb'd him; and then he charged the Prisoner at the Bar, and two others, and sent them to the Compter.
2. Why did he send them to the Compter?
White. Because he did not know but they might be aiding, or assisting, or have the other Buckle.
Prisoner. There was me and two more Women in Company, I did not touch them. This is a persidious Case, when you know [to the Constable] what pasied between you and I in the Back-room; the Boy came to the Door, and asked for a Dram, I thought such Boys had no occasion for Drams; I said to him, prithee, Boy, go about your Business; says one of the Women, let the Boy have a Dram, and so I did, and he gave me 2 d. for it, and the Boy went into the Back room with them about 11 o'Clock.
White. Her Name is in the Parish Books, and it is generally reputed to be her House. Guilty of the Felony, and acquitted of putting him in Fear .
30, 31. Stephen Price and John Clark , were indicted for that they, not having God before their Eyes, &c. on the 15th of April, feloniously, wilfully, and maliciously, one Thomas Cooke did kill and murder. The Indictment farther sets forth, that the said Stephen Price , with both hisThomas Cooke did cast and throw, and upon the Head, Face, Breast, and Body of the said Thomas Cooke , several mortal Bruises did give, of which Bruises the said Thomas Cooke languished from the 15th of April to the seventh of June, and then died. And that the said John Clark was aiding, abetting, and assisting the said Stephen Price . the said Murder to commit, and that the said Stephen Price and John Clark , the said Thomas Cooke , feloniously, wilfully, and maliciously did kill and murder .
After the Counsel had opened the Nature of the Cause, the Witnesses for the Prosecutor were called.
Nathaniel Root . Cooke the deceased, and I, were at work together, in Mourning-Lane , in Hackney Parish : This Mr Clark, and this Mr Price, came riding along the Road by us full speed, and they had like to have rode over Cooke; he told them they ought to be knocked off their Horses for riding so fast. Clark comes up to Cooke first, and dismounted, upon that Cooke held his Spade against Mr Clark, over his own Head, and Clark had the Butt End of his Whip over Cooke's Head.
- Cooke held his Spade up in his own Defence.
Q. Which was up first, the Whip or the Space?
Root. I cannot say whether the Spade was held up before Clark had his Whip up. - I cannot say which was up first. Upon that this Mr Price came up, and I catched him by the Arm, and bid him go about his Business, - he made no Answer whether he would or no, but after a few Words more, they both went away. -
2. What Time of the Day was it? -
Root. It was between two or three o'Clock in the Afternoon, I did not see them afterwards.
Q. Were not you working in a Ditch?
Root. No. It is level Ground, there is no Ditch at all, we were making up the Bank. Cooke was a little frightned, and if they had not turned back again, there would have been no Harm done: He did not call after them, he spoke as they were riding by. - I think, as near as I can say, the Horses were just over-against him. - There was never a Blow struck on either Side, as I saw.
Daniel Ferguson . This was by Mr Rudge's Brew-House in Hackney-Parish. On the 15th of April, I was coming along Mourning-Lane, I had a Load of Soot upon my Back. The Prisoners came riding along very hard, - they rode a full Gallop; my Fellow-Apprentice was before me, and bid me get out of the Way; and if I had not I should have been rode over. So I threw myself against the Bank. Mr Clark's Horse came pretty near the Bank, then Cooke said, you ought to be knocked off your Horses for riding so hard: Whereupon Clark, he, the tall one, lifted up his Whip against Cooke. I was about thirty Yards off, and saw Cooke lift, up his Spade, so, which was up first, the Whip or the Spade, I cannot say: I saw no Blows pass, nor any thing after this, for I was in the Shed, shooting my Soot out of my Sack.
Root called again. What Day of the Month was this?
Root. It was the 15th Day of April.
John Flatman . I saw the Prisoners at the Bar in Mourning-Lane, the 15th of April last. I was going Home after my Boys, this and another; these two Gentlemen were riding at a great Rate, and passed by me: I could not see quite up the Lane, for there is a winding in the Lane, and then they were out of my Sight till I came up to the turn of the Lane, then I saw Mr Clarke and Mr Cooke have hold of each other by the Collar, - it was between two and three o'Clock in the Afternoon, Clark dismounted, and held up his Whip with the butt End upwards against Cooke. - I do not know whether he held the Whip up against Cooke with a Design to strike him. - I stepped up, and said, do not be afraid of the Man that has got hold of you, for the other shall not meddle with you. Mr Price came and laid hold of me by the Collar, I asked him what he laid hold of me for: he said, because you should not hurt my Friend, I said I am not going to hurt you, nor your Friend neither; let me go or I will give you a knock on the Face, then they soon mounted their Horses and away they went.
Q. Did you see them afterwards on that Day?
Flatman. Yes. I saw them about four Hours afterwards in Mourning-Lane. I live just by the Place where this happened. People had done Work. They passed by, came back and rode into my Yard, I was smoaking a Pipe over the Pales; they asked me for a Pot of Beer, I answered them I sold none; is there no Publick House near, says they, let us drink together; thinks I, if I do not go, they will think I am afraid of them, and so I went with them to the Plough Alehouse at Hammerton ; when I came to the Alehouse, Mr Clark, I think it was, called for a Pot of Beer, and there was a full Pot of Beer brought, then, while
Q. Did you see Clark lay hold of the deceased?
Flatman. I did not. Then Cooke went away and went Home. - I saw Cooke come by my Door three or four Times afterwards. - I saw him two or three Days after this Quarrel, and he was in a miserable black Condition. -
Q. Did he make any Complaints?
Flatman. He said he had got some inward and never should be his own Man again, and he said he believed the Man that beat him was the occasion of it - I believe he did not know his Name then. - I never spoke to him after that Time, but every Time I saw him, I thought he grew worse and worse. He could walk as upright as any Man before, but could not do so afterwards.
Q. Did you ever hear that he complained of his Lungs.
Flatman. No. He was pretty healthy, but he had not a ruddy Complexion.
Q. When you saw this, why did not you take him off.
Flatman. I have had too much of that already, but if I had done it, this Person, Mr Clark, would have fell upon me, and then we should have been all in a bad Condition.
Q. Did this Transaction appear to you as any thing more than a common Quarrel?
Flatman. It did not appear as a common Quarrel to me, for Men to come three or four Hours afterwards, and kill another Man, I do not think that can be called a common Quarrel.
Joseph Rollo . I knew Cooke very well, I saw him the Thursday before Easter, I cannot remember the Day of the Month, (on looking into an Almanack, it appeared to be the 15th of April). I saw Mr Clarke at the Plough at Hammerton, either on Horse-back or Mare-back, I cannot tell which, I saw him go from the Plough to Cooke's House, with his Whip in his Hand, and I saw him return again, and heard him say, he was not at Home; and I believe in a Minute, or two Minutes afterwards, as Cooke was coming by the Marsh-Gate, in his Way Home, I saw Mr Clark beckon with his Hand to call him to come up, and then Mr Clark offered him five Shillings to box him, then there were Words arose between all three of them, then I saw Mr Price take the butt End of his Whip, and as Cooke was rising, upon the half Bend, knocked the Pipe out of Cooke's Mouth, then he laid hold of him, overpowered him, and threw him upon the top of the Rail, - then he lay upon him, and beat him over the Face with his Hand.
Q. Was it with his Hand or Fist, for there is some Difference between them.
Rollo. With his Fist to be sure, for Men do not go to fight like Women with their Hands open. - Clark did not do any thing. - Cooke was afterwards in a drooping, wasting Condition. I do not know that he did any Work after this; it was a dismal Aspect to see him afterwards, for he grew worse and worse Day after Day, and Time after Time. - He was very well before, I do not know that in two Years that I have known him, he has had a Day's Illness.
Rollo. No; I cannot tell the Occasion of a Man's Disorder, for I am not a Surgeon. I have often asked him how he did? he said, he was worse and worse, and that he was sadly used.
Q. How came you not to part them, when you saw him so abused?
Rollo. It cost me once, at Hick's-Hall 10 l. for parting a Man and his Wife, and I did not care to part two Men.
- Green. I knew Thomas Cooke . I saw him and the Prisoners at the Bar, the Thursday before Easter, at the Plough Door, they were enquiring (I can't tell which of them it was) where Cook lived, Mr Clark went and enquired if he was at home, and they said he was not; then Clark said, if he had been at home, and would not have come, he would have whipp'd him all the way up to the House. In a very little while afterwards, Cooke was going homeward, and Clark called to him, and he came; and I believe Clark said, was you not a Rogue to serve me as you did, to threaten to knock me me off my Horse, and then to go to strike me with your Shovel? said Cooke, My Partner said, if he had been in my Place he would have knock'd you off the Horse. I believe Cooke sat down, and Price insisted on his going into a Room to fight him; I believe he took him by the Collar, and said, he would either swear the Peace against him, or he should fight him; Cooke said, he might do as he pleased, for he would not fight: The little Gentleman, Price, up with his Whip, and made an offer to hit Thomas Cooke , but he did not. Then, presently, he broke Cooke's Pipe, which was in his Mouth, with his Whip, Cooke tossed the other Piece at him; with that Price fell a beating him. - He was very much beat, and very bloody. The next Morning he looked very bad, and said, he was sadly hurt; but he could not tell who it was that beat him. - I saw him about three Weeks before he died; then he was very bad. - He was very well before that beating.
Samuel Pamplin . I saw some Persons at the Plough Door, - it was the 15th of April; I heard Mr Price, say to Cooke, Will you fight me? says he, Gentlemen, I do not want to fight with you, if I should be hurt, how shall I maintain my Family? Sirrah, says he, I will give you a Crown, or half a Crown, or a Crown Bowl of Punch to fight me; but he would not: With that, this Mr Price walked up and down, and now and then took the Man by the Collar, and shook him, as he was smoaking; that he came up to him and said, you old Rogue will you fight, and then with a sort of a slanting Stroke, he hit the Pipe out of his Mouth, with his Whip; and Cooke tossed the Bit of the Pipe that was left in his Hand at him, with that Price closed in upon him, and after a short Scuffle, threw him down cross the Plate of the Sign-post, and there he held him, that the Man could not turn his Body one way or another; he gave him several Blows about his Breast and Arms, and held him by the Handkerchief, which he had about his Neck. - I saw a little Blood come out of his Mouth, but that might be caused by the Pipe; then they mounted their Horses and went away, Cooke walked away as well as he could; but he walk'd but sadly. He went to get an Officer to take them up. When I saw him afterwards, he always looked sadly. He said, he was very bad, and should never be his right Man again. - Before that he appear'd to be in good Health. - He was always a Pale looking Man. - I believe he never did a Day's Work afterwards. - I said, it is a sad Thing that so many People should be standing by, and not take him off, but let the Man be murdered. Sirrah, says Clark, if you do any thing, I will give you as much; let them have it out. The Man at the Plough, I think, parted them.
Jane Chambers . I was at the Plough Door, Mr Clark and Mr Price came up, and called for a Tankard of Beer, Cooke came up, with his Pipe in his Mouth, and Clark jangled with him, and called him Rogue, and asked him to fight. This little Man struck Cooke, and slung him cross the Sign Post; he dropp'd his Whip, and took hold of his Handkerchief so, and beat him till the Blood came wretchedly; he laid with his Back cross the Sign Post. I came and laid hold of Price by the Waist-band of his Breeches, to pull him off, and Clark got up his Whip, and said, You old Bitch, I'll knock your Brains out, if you do not begone. I said, that is more than you dare do. - My Master at the Plough came out and unclosed them; Cooke said after this, he believed he had given him his Death, and should never be his own Man again.
Mary Wells . The 15th of April I was looking out of Window, and Mr Clark stopped to water his Horse, Mr Price rode on a little faster; then Price turned back again, and said to Mr Clark come along Johnny, for I have done his Business, or I have done it for him. Clark said, do not ride so fast, for I am not afraid of him. He was very much bruised. He appeared to be in a good State of Health before, but declined ever afterwards. I have known him 11 Years all but one Month.
Sarah Cooke , the Widow of the Deceased. What I have to say, is with to respect Clark, I never saw Price till Yesterday. The 15th of April Clark comes and asks, if this was Cooke's House? Yes, Sir, said I, what would you please to have with him? he said, I want to speak with him, tell him my Name is Clark, and send him to the Plough, to drink a Pot of Beer with me; about two or three Minutes, after Clark was at my House, my Husband was coming along, all in his Blood; when he came home, he was in a very bad Condition; he said, the worst of all was his Back; he said, he has hurt my Back so, I am afraid I shall never recover it; my Face may be well again, I do not mind that; he grew worse ever after, and by way of Complaint, has often said, This Man has been the Death of me. He said, the little Man has done my Business; Clark never hit him.
Samuel Summer confirm'd good part of the preceding Evidence. On the 15th of April I saw there was a little Man just rode by, and I think I met that tall Gentleman on Horseback; he said, you old Rogue, you have it now, remember the Spade in the Lane. I saw Cooke the next Day, and his Face was almost as black as my Hat. I think, before this, he was in a good State of Health. About three Weeks after this Accident, I saw him drooping very much; I asked him, where his Complaint was? he said, in my Stomach, and the Small of my Back: Said I, do you think it came by the Quarrel? Yes, said he, I believe it did, and nothing else.
Mr Norris sworn. This Deposition was taken by me. I knew the Deceas'd very well, it was read before him in my Presence, and I signed it; I gave him a great Caution to take care of what he said, that he was going to appear before God Almighty, and he must be exceeding careful of what he said in his Deposition; he said, he would say nothing but what was true, he died in eight or nine Days.
[The Deposition read to the following Effect.]
Midd Thomas Cooke , of the Parish of St. John Hackney, in the County of Middlesex, Labourer, maketh Oath, That on the 15th of April, as he was working with one Root, in Mourning-lane, two Persons, (one he was was informed, keeps a Livery-Stable, near the City of London) rode by very hard, he spoke to them, and one of them said, he would lick him, upon which he held up his Spade to keep him off, but did not touch him with it. In two or three Hours they returned again, and hearing that two Persons wanted to speak with him, at the House of Richard Herbert , he went there, and that Clark said, Damn you, you old Rogue, you shall fight me. The other Person, who to the Deponent is unknown, broke his Pipe and beat and bruised him in a very dangerous Manner; that he is now in a low and weak Condition, and verily believes, that this beating and bruising was the Occasion of his Death.
Mr Fisher, Apothecary. Cooke came to my Shop, I do not remember the Time, it was in April, or May. I saw him pretty near his Death, he opened his Waistcoat, and I could not see any Marks of Violence upon his Breast or Back. I saw him about 10 Days before he died, he spit soetid, corrupted Matter, and was in an emaciated Condition; - I choose to leave it to the Surgeons to account for his Disorder.
Mr Girle, Surgeon. Upon opening the Body there was an Adhesion of the Lungs on the Right-side, and there was corrupted Matter on the Lungs. I cannot tell what was the Occasion of his Death. - A Man may live a great while under such Habit of Body; but such an Accident may hasten his Death. They have Pains, and Coughs in the Beginning of all Adhesions. A violent Blow may affect the Lungs. I cannot say how long this Adhesion may be coming in a natural way, it may come suddenly upon a violent Inflammation; and supposing this Adhesion to be an old Disorder, this Usage might hasten his Death.
Mr Nourse, Surgeon. I was desired to be at the opening of the Body, I saw no Marks of Violence on the Outside, in the Inside I found a Quantity of Matter in the Thorax, and the Lungs had contracted a Quantity of Matter, and there was a general Adhesion of the Lungs, which in diseased Bodies are very common. This Adhesion was, I believe, before this Scuffle, for if this Inflammation had been so great, as to occasion this Adhesion, his Complaint would have been much worse when the Inflammation was so violent, than afterwards; and his Complaint was not so great at first as afterwards; I believe that this Violence might hasten his Death. On the Right-side there was a Quantity of Matter, of a reddish Hue, I took more particular Notice of the Colour of the Matter, because I designed to make an Experiment. When I asked the Apothecary, whether he thought he
Mr Polock, Surgeon. I examined this Body, I saw him about three or four Days before his Death, he complained of a Purging, there was no Appearance of any Violence, but there was an Inflammation in his Bowels.
Q. Is that a Distemper that People have naturally without any external Blow?
Polock. Yes, undoubtedly. If it was occasioned by a Blow, it must make a visible Appearance. - I was sent thither by Mr Clark; he said he did not know that he was hit in any other Place but the Face. He complained of being thrown over a Rail. He said he was not struck on the Breast, but only complained of a Soreness in his Back. - He did not say to me, that it was the Occasion of his Death, or that he should not be his own Man again.
Q. You have heard how this Man was used. Might not this occasion his Death?
Polock. I cannot say that it would.
Q. But might not this hasten his Death?
Polock. I cannot say but it might.
Richard Herbert , Master of the Plough Alehouse. I saw Mr Clark and this Gentleman come into the Town, and ask where they could get a Pot of Beer, they called for a Pot of Beer, and my Servant got it for them; they were sometimes in the House and sometimes at the Door. - The Gentlemen were talking about a Quarrel they had before; I saw no Blows at all.
Q. Who parted them?
Herbert. I parted them. This Gentleman, Mr Price, and Cooke, had hold of each other by the Collar, when I parted them. - I did not see any Motion of the Hand to strike. - He was upon the Rail, but not the Rail of the Sign-Post.
Couns. You look upon this only as a common Quarrel, don't you?
Herbert. It was only a Quarrel: They were a little drunkish. - It looked to me as if they had been quarrelling. Price was uppermost, he was bloody, and must have had a Blow.
[The Witnesses to the Prisoners Characters, called.]
- Vaughan. I have known Price a Matter of Twenty Years, he has the Character of a peaceable, quiet, honest, sober, careful, civil Lad, as ever I knew in my Life, and is beloved by all the Company that know him.
Walker. I have known Price between five and six Years, and am intimate with both his Masters that he lived withal, and they give him a very good Character. I never heard any Thing, but that he was a quiet peaceable Man.
Stephens. I have known Price ever since he was a Child, was born in the same Parish. The first three Years he lived with my Brother, who always gave him the best of Characters.
Morris. I have known Price three or four Years, and been out with him often on Foot, on Horseback, and by Water, and never heard but that he was a quiet peaceable Man.
Meredith. I have known Price three Years, we lived together as Fellow-Servants, with Mr Stephens in Thames street. He bears as good a Character in the Family as ever I heard any one in my Life, an honest, just, peaceable, and good-natured Man.
Pitches. I have known Price ever since he came to London, which is five or six Years. He lived just by me. He was always a quiet, peaceable young man.
- Randall. I have known Clark six or seven Years. I have a Stable I hired of him, he is a careful Man, and always obliging. He is seen a sober Man, that when my Coachman went away, I would have had him, rather than any other.
Brace. Clark has lived with me three or four Years, and is a very honest, quiet, sober Man, and might have lived with me to this Day, if he had not married.
Cleave. I have known Clark seven Years, he is a good-natured, quiet, honest Man, far from being quarrelsome.
Fellows. I have known Clark three Years, he always appeared to me to be a civil, quiet, modest Man, and always used me well.
Dyson. I have known Clark about six Years, I never was in Company with a better nature civiller Man in my Life, he always behaved himself in a good-natured Way.
Morgan. I have known Clark ever since he was seven Years of Age. He lived with my Father-in-Law, and became Servant to an Uncle of mine. He has the best of Characters, for a sober, diligent, careful Man, and never quarrelsome upon any Occasion. Both Guilty of Manslaughter .
33. Sarah Hyat was indicted for stealing the Inside-work of a Watch, with an Outside-case, made of Silver, an Iron-ring, with three Keys, a small iron Box, an iron Bottle-screw, and a Clasp-knife, from the Person of Joseph Read , June 6 .
Q. Were these Things in your Pocket when you went to sleep?
Q. When was it?
Read. It was one Monday Morning, about 5 o'Clock.
Q. How came you to be asleep at that time in the Morning ?
Read. I ought to have been at my own House; but I was overtaken in Liquor, and fell asleep.
Q. How do you know when the Prisoner took these Things from you?
Read. I do not know exactly when she took them from me. She followed me up into the Fields.
Q. How do you know she followed you up into the Fields, when you were so much in Liquor and fast a-sleep?
Read. I do assure you she did follow me into the Fields ; the first Place I happened to meet with her at, was in Holbourn, behind Gray's Inn Gate.
Q. Did not you go to her Lodging with her?
Read. Yes, Sir, I did: She asked me to go in? I told her I wanted to go home; she insisted on my going in; I was coming out again, she said, pray, Sir, have patience; but I came out directly, accordingly she followed me into the Fields, up by the New-River-Head. I was much out of order. I did not want her much: She sat down by me, and I fell fast a sleep: I do not believe I had been a-sleep above a Quarter of an Hour, but I started up, and the first thing I felt for was my Watch. I happen'd, to have two Guineas and a Half in my Waistcoat Pocket. I missed my Watch, and the other Things out of my Pocket, and 2 s. 1 d.
[The Things were produced in Court.]
Read. All these Things are mine. I lost them.
William Garnet , Constable. They brought this Woman, as a Prisoner to me, in the Morning, and I took her into Custody, the Keys and the Watch they told me, were found upon her; but I did not see them found. I told her if she did not let me have the Watch, it would be worse for her; she said the Watch should be left at such a Place, and I found it there. -
Q. Who took the Things from her?
Read. I took all but the Watch, out of that young Woman's Pocket; the Watch she had conveyed away. Guilty 10 d.
35. Eleanor Allen , of St Botolph Aldgate , was indicted for stealing a Brass Candlestick, a Linnen Waistcoat, 2 Shirts, and a Parcel of Child bed Linnen , the Property of John Cockburn , June 19 . Guilty 10 d.
36. Philip Jones . 37. Walter Evans . 38. Matth.ew Powel . 39. Jeremiah Powel . 40. Lewis Gunter , were indicted that they on the 18th of April, at 11 o'Clock in the Night, did break open the House of Elizabeth Davis , at Hammersmith , in the County of Middlesex ; and stole from thence a Brass Mortar, val. 7 s.
No Prosecutor appearing they were Acquitted .
The Counsel for the Prisoners alledged, that none of these Persons ever had been within 20 Miles of London in their Lives, that it was only done to take off their Evidence in a Cause depending, and that it was a wicked and malicious Prosecution, and desired that they might have a Copy of the Indictment, which the Court was pleased to grant.
David Day . June the 8th, two Men brought the Prisoner to me, and told me, he had robed my House. I live at Wiggin's Key, he did not deny the Fact, and told me, if I would have given him time, he would
Benjamin Jefferies . I saw him go up and come down the Stairs belonging to Mr Day's House; he brought this Waistcoat, and this Pair of Shoes down with him, and dropped them on St Dunstan's-Hill, and I took them up.
44. 45. William Grover , and Robert Hughes , otherwise Hogg , of the Parish of Pancras , were indicted, Grover for stealing a 11 Old Streaks for Coach Wheels , the Property of William Beech , June 12. and Robert Hughes for receiving the same, knowing them to be stole , June 12 .
William Grover Guilty 10 d. Robert Hughes Acquitted .
49. John Hammond was indicted, by the Name of John Hammond , late of London, Brewer , for forging and publishing a certain Letter directed to the said John Hammond , Brewer, at Greenwich ; purporting to be under the Hand of Nicholas Durant , and directed to the said John Hammond , dated Dec. 21, 1739 . The Prosecutor failing in the Proof of an Answer in the Exchequer, the same not being signed by the Party, he could not proceed in his Evidence. Acquitted .
50. Robert Ayres , 51. Joshua Paine , and 52. John Bailey , were indicted for stealing twelve Fish, called Turbut, restrained from their Liberty, and then consined, being the Property of Isaac Starbut , val. 36 s. May 7 .
The Counsel for the Prosecutor, in opening the Indictment, said this was a Felony under Pretence of Right; and upon the Evidence, it appeared these Persons were Officers , and well known to the Prosecutor to be such; and these Fish were by them taken as unsizable. Whereupon the Court was of Opinion this was not a taking Animo furandi, and that it was improper to try the Legality of a Seizure by Indictment. If there had been a wrong taking, the Parties, on an Action of Trover, would be obliged to make Satisfaction. Acquitted .
The Jury recommended him to the Favour of the Court on account of his Youth.
The Trial of Mr James Annesley , who together with Joseph Reading , was indicted for the Murder of Thomas Egglestone ; as also on the Coroner's Inquest, for the same Fact; and a third Time separately, on the Black-Act; having lasted seven Hours, engaged the Attention of several Persons of Distinction, and raised a general Expectation in the World, is printing at large, and will be published with all convenient Speed.
N. B. This Method is taken to prevent any complaint which might have been made, in case so important a Trial had been abstracted in such a manner as to have made it a Part of the Sessions Paper.
The Trials being over, the Court proceeded to give Judgement as follows.
Received Sentence of Transportation, 18.
J - C -
Burnt in the Hand, 4.
To be Whipt, 3.