WEDNESDAY the 13th, THURSDAY the 14th, and FRIDAY the 15th of October.
In the 16th Year of His MAJESTY'S Reign.
BEING THE Third SESSIONS in the MAYORALTY OF THE
Printed and Sold by T. COOPER, at the Globe in Pater-Noster-Row. 1742.
Of whom may be had, The Trial of James Annesley and Joseph Redding , at the Sessions-House in the Old-Bailey, on Thursday the 15th of July, 1742, for the Murder of Thomas Egglestone . The Trials at the two last Sessions, as likewise those in the Mayoralties of Mr Alderman Perry, and Sir John Salter .
Sessions of the Peace, and Oyer and Terminer, For the CITY of LONDON, &c.
BEFORE the Right Honourable GEORGE HEATHCOTE , Esq; Lord-Mayor of the City of London, the Right Honourable the Lord Chief Justice LEE, Mr. Baron REYNOLDS , 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.
N. B. Richard Green , before he was sworn, was very importunate with the Court to be excused, upon Account of Business, but in a Manner disagreeable, so that the Court would not excuse him; the Middlesex Jury coming on first, the London Jury were excused for an Hour. Richard Green went Home, and though one of the Sheriff's Officers went for him, he did not return in Time, so Elisha Cawish was sworn in his Room, and Green was fined Ten Pounds, which was paid in Court.
Bailey. This is the Gown I had of Paine to wash. Guilty 10 d.
113. Sarah Laycock was indicted for making an Assault upon Francis Dodsworth Carver, in the Dwelling-House of Robert Carter , putting him in Fear, and taking from him a Silk Handkerchief, val. 2 s. his Property, and a Cloth Cloak, val. 5 s . the Goods of Mary Hunt , October 10 .
Carver. Last Sunday, about three o'Clock in the Afternoon, as I was coming thro' Black-Boy-Alley , in Chick-Lane , this Woman asked me to give her a Dram; I told her I would not. Says she, I will give you a Dram. I said I would not have any. She whipt my Bundle out of my Hand, ran up Stairs, and I ran after her; she called a Woman up with a Quartern of Gin, and said, Damn you, you shall not have it under Six-pence. So I came out of the House. Mr Dickerson's Man, seeing I was robbed, sent me a Shilling to get a Warrant, and I took her up; When we got her to the Cross-Daggers, she said she would send for the Things if I would make it up; and the Things were brought, but I would not make it up; this was three or four Hours afterwards.
Prisoner. I asked him to give me a Dram; we had a Quartern of Gin, which he would not pay
John Howson . I keep a Publick-House : I lost some Beer; I should not have known any thing of it, if it had not been for the next Witness, who told me he was concerned with some People in taking up the Floor, and getting the Beer out of the Cellar: I have missed seven Barrels of Beer.
John Read . Mr Green's Sister has got a Floor over the Store-Cellar, and used to take the Beer out; I used to help them to take the Beer away. - This has been going on about six Months. - The last was about three Weeks ago. I am in Custody for this Fact now: They got in by taking up two Boards in the Floor. I can safely say, I saw a hundred Gallons taken out: Jane Watson took out about fifteen Gallons: Green went into the Cellar and handed it up to her.
Green. I know nothing of it; we had a Difference; he told me he would be revenged upon me, and I suppose this is the Revenge.
Bernard Gates . As I was coming to London, on Tuesday the 28th of September, between Hendon Common and Ealing , the Prisoner met me and Mr Lawrence; he got partly between us; Mr Lawrence was towards the Right-hand of the Prisoner; the Prisoner rode up to him, and presented a Pistol to him; I did not hear what the Man said; he turns about, came up to me, and asked me for my Money; I said he should have it with all my Heart. - There were three Crown Pieces and some Shillings ; I happened to lay my Hand upon a Couple of Shillings ; said I, let me keep these to drink a Bottle of Wine with the Persons that had rode away from me. the Man did not give me any ill Usage, but said he would with all his Heart , if I pleased Mr Lawrence said, Mr Gates, you will not go forward, for my Lord Carpenter cannot be a great Way off. I rode up to my Lord, and acquainted him with what had happened: Says he, my Retinue is very well provided, and my Fellows are all couragious , they shall pursue him: I described the Man to him; says he, I remember such a Person as you speak of; he had the Cape of his Coat about his Face, and he said, he looked like a sickly Sort of a Fellow; I think he had the same Cloaths on then as the poor unhappy Man has now; he said it was the first Fact that ever he committed. - There were three Crown Pieces; two of them were King William's, and one of them was Charles the Second's. - I had them in my Pocket upon the Road for two or three Journeys together; he confessed he took them from me: He had no Disguise, only the Cape of his Coat was buttoned round his Face. - I am positive that is the Man; my Lord Carpenter's Servants brought him up directly to my Lord Carpenter, and he confessed he was the Man that robbed me. - To the best of my Knowledge I can swear to this Money.
Mr Lawrence. I was in Company with Mr Gates September 28. I was in one Track, and Mr Gates in another; the Prisoner came up to me first, and presented a Pistol to me, and without robbing me turned about to Mr Gates.
Q. How came the Prisoner to turn from you to Mr Gates?
Lawrence. I do not know any other Reason, than that Mr Gates was better dressed than I was, and he thought the Money might be upon him; I clapped Spurs to my Horse and rode off, and left him with Mr Gates, and went to my Lord Carpenter, and he sent his Servants after him. - I am sure that is the Man.
Lord Carpenter's Servant - Stockwell. As I was coming to London, the 28th of September, Mr Gates came up to my Lord, and said he had been robbed. By whom says my Lord? Mr Gates described the Man; I had taken Notice of the Man's riding by our Coach with a Cape round his Face, and his Hat flapped : These two Men and I pursued him about two Miles to a little Publick-House by Hanwell Bridge , where I believe he had called for a Pint of Beer: We all three whipt in upon him, and seized him, and took
- Clark. My Lord sent us after him; we found him at a Place the People told us was called Chevy-Chace , by Hanwell-Bridge ; he confessed he robbed the Gentleman, and that he did it for want.
Bryan confirmed the foregoing Evidence. I can.
The Confession he made before the Lord Carpenter was proved, and read; he therein owned, that on the 28th of September he hired a Bay-Horse in Finsbury , by Chiswell-Street , with an Intention to rob on the High-way, and that about a Quarter of an Hour past one o'Clock, he stopped Mr Gates and robbed him, and soon after was pursued and taken by three Men on Horseback. Guilty , Death .
Thomas Bellamy . As I was coming from Turnagain-lane, a little after Seven o'Clock, between Holborn Bridge and Shoe-Lane , says a Gentleman to me, That Fellow has picked your Pocket, and just at the Fellow's Feet I picked up this Handkerchief; and took him into a Grocer's Shop, and kept him some Time, and a parcel of Fellows came to rescue the Prisoner; I received Blows from several of them, particularly the Prisoner. - I do not know any thing of his taking it. I am sure this is my Handkerchief.
Mr Lewin. I saw the Prisoner take this Handkerchief out of Mr Bellamy's Pocket. - I am sure he is the Person.
The Constable. These four Handkerchiefs were found upon him.
Robert Harrison . I know the Prisoner is a Tenant to Esquire Herbert, in the Neighbour-hood where I am Rent-gatherer; I never knew him to do an ill thing. - He goes a - Grubbing - that is, gathering old Iron in the Street.
119. William Budge , of St Andrew's Holborn , was indicted for stealing 1 printed Book commonly called the First Volume of the Works of Thomas Brown , value 1 s. 1 d. the Property of Richard Adams , October 8 .
120, 121. Mary Vearpoint and Sarah Bristow were indicted, Vearpoint for stealing two Silver Spoons, val. 10 s. one Petticoat, and some Linnen , the Goods of Elizabeth Godfrey , Sept. 29 . and Bristow for receiving them, knowing them to be stolen .
Elizabeth Godfrey . I lost these Things from my House at Brompton ; Vearpoint was my Servant ; just before Michaelmas, she sent me Word the Man that worked in the Garden was gone away with two Spoons. I ordered her to come to Town and bring the Linnen. I missed several Things; I asked her where they were, she said the same Person who had the Spoons, had the Linnen. I discharged her the third of October, and she went to live with that Woman, which gave me a Suspicion they were not gone the Way she told me. I went to Mr Goodwin the Pawnbroker, to know if this Woman had pawned any thing there. I found my Linnen there, but the Spoons were fetched out the Day before. - These are all Mine.
Samuel Goodwin . Sarah Bristow brought the Spoons about the 29th of September, I lent 14 s. 6 d. on them. The Linnen was brought about the 17th of July. This Linnen is part of the Linnen she brought. I know nothing of Vearpoint's stealing of them. About last Monday the two Prisoners at the Bar came to our House about Mrs Godfrey's Spoons. I said I lent Bristow 14 s. 6 d. on them, Vearpoint said, if Bristow had 14 s. 6 d. she sent her but 10 s. 6 d. said she, then she has kept the rest herself.
Vearpoint. I did not take these Things with a Design to steal them; but designed to bring them back again. I gave her [Bristow's] Husband a Guinea to fetch the Spoons, and he went away with the Guinea and Spoons and all.
Godfrey. Vearpoint was a good Servant; that Woman has been the Ruin of her.
Vearpoint guilty , Bristow acquitted .
Richard Owden I lost a Shirt the 3 d of October, about one a Clock at Noon. The Prisoner owned he took the Shirt, and put it into his Bosom. Guilty 10 d.
Frances Brinkwell . After the Prisoner had taken the Necklace from the Child, and was gone away, I brought her back. She said she did not design to take the Necklace from the Child, but went to kiss her, and the Necklace fell into her Hand.
Sarah Sheppard . I told her if she would give me the Necklace, I would let her go; she threw part of it down on the Floor. I asked her for the Locket, which was of the greatest Value; she said it was down the Child's Back. But when I sent for the Child to search her, it was not about her; and then she gave the Locket to me. The Child was but just come from School, and I saw the Necklace upon her Neck.
Henry Lane. On the 31st of August , between eight and nine in the Morning, I was going up Fleet-street, and a Gentleman like Man picked up a Shilling; he said he had found a Shilling, and asked me to drink part of a Pint of Wine, which I accepted of. He went into Pope's-Court, in Bell-Yard ; and in this Court we met John Heaney ; says the Man, who picked up the Shilling, I have found a Shilling, and am going to treat this Man with a Glass of Wine, and desired him to go and take Part of it. We went into a House where there was a little Room in the Yard. They put me into the inner Part of the Room, and the Prisoner was next to the Door; after they had drank some Wine, they began to talk of cutting of Cards, particularly the Prisoner, who went out under a Pretence of buying Cards; but I believe he had them in his Pocket at the Time, because he returned so quick; the Prisoner and the other played, I was prevailed on to bet a Shilling, and I won two Shillings; so this Man who had picked up the Shilling, he cut good Cards, Court Cards; says he to me, Do you cut; I apprehend he had two Packs, for when I came to cut, I cut nothing but Aces and Duces, and the like, and I lost the two Shillings that I had got. Says he, I will venture another Shilling, says I, I have never a Shilling: What, says he, have you no Watch nor nothing to put down? Yes, says I, I have a Watch, so I put my Watch down upon the Table, and cut two or three Times; still the Cards were low, that I lost every Time; I lost two or three Shillings that Way; and please you, my Lord, he took up my Watch and went away with it directly. I went out as fast as I could, but he was gone, and I saw no more of him till about a Fortnight afterwards; as I was coming up Newgate-street I met with him, and one more of his Companions; as soon as ever he saw me, he began to run; I cried out Stop Thief, and caught him before he got to the End of the Street; but the other was a brisk Fellow, and he got off; says the Prisoner, if you will release me you shall have your Watch again. He begged me to go into a Publick-House, and the People persuaded me to let him go in; said they, may be you may have your Watch again; and he said I should have my Watch. So some of the People persuaded me to make it up, and others not to make it up, for if I did he might trouble me; so I would not make it up, but would have him before a Magistrate; he did not care to walk on Foot, but he would have a Coach, and before we got to Guild-Hall, he was fumbling in his Pocket; I was in Hopes I should have my Watch again, but they were two Packs of Cards that he had in his Pocket.
Prisoner. Another Man put down a Ring to answer his Watch. I plaid till it came to Six Guineas, and won his Watch.
Q. Did any Body put down a Ring?
Lane. Yes, one of his Companions did to bet with him.
Prisoner. My Lord, this Gentleman has sworn a Robbery upon me, when I won the Watch; and it is very unlikely a Man should be robbed of his Watch at Noon-Day, and not make a Noise.
Lane. My Lord, I was afraid of my Life, and did not care to make any Noise, for I had heard
Martha Blakesley says she has known the Prisoners two Years, gave him the Character of an honest Man, that he always kept good Hours; that as he was a Watch-Maker, she thought he might have got his Living honestly and truly, without following this Course of Life.
125, 126. Jane Russel and Isabella Brown , of St Giles's in the Fields , were indicted, Jane Russel , for stealing a Plad-Banjan, and a Cloth-Wastcoat , the Goods of Michael Barron ; and Brown for receiving them, knowing them to be stolen .
Martha Jones . I charged Russel with them, she said she did not steal them, but another Person did, and gave them to her at the Door, and that she had sold them to the Prisoner, Brown, for three Pence. Brown owned she had them, but would not part with them, for she had bought them and paid for them.
Anne Hodges . The Girl, Russel, told me that she carried them to Brown, who said she would give a Shilling for them, that she gave her but three Pence, and put them into the Closet; the Girl went to her the next Morning, and she said the Things were nailed. I suppose that is a Word used among Thieves. Russel Guilty 10 d. Brown Guilty .
127, 128, 129. Daniel Maccomb , Richard Hambly , and Thomas Cady were indicted for stealing several Carpenter's Working-Tools , the Goods of John Thomson , Richard Alloby , John Brook , and Robert Johnson , October 3 .
The several Persons mentioned in the Indictment deposed, that each of them lost the Tools therein mentioned out of an empty House, belonging to Mr Joseph West , in Verginia-Street , October 3. and that the Tools produc'd were the same Tools.
James Miles . On Sunday Night was se'nnight between twelve and one, the three Prisoners and my self broke open Mr West's House in Virginia-Street; we went with an intent to rob the Dwelling-house. - We agreed before Hand to do it. - We broke the Street-door Lock of the House, we took the Tools out of the House - we heard a Noise in the Dwelling-House, which prevented us breaking that Way. Thomas Eady had a Brace of Pistols, we took a great many Working-Tools out of the new Building, some we carried to my Lodging, and some on the other Side of the Water to sell them; when I was taken up on Suspicion, I told the several Witnesses where the Tools were, they are the same Tools that we four took out of the House. - I did commit one Robbery with them before; we met at the Hermitage that Night - in the Street, not in any House.
Thomson . I found my Tools at his Lodging, he is a Carpenter, and worked with us.
James Thomson . I lay in the same Chamber with Mc Comb on Sunday was se'nnight at Night, and he was not out of his own Being from two o'Clock in the Afternoon, till after six the next Morning. Sampson, Matthews, and Tyrrel, gave him the Character of a very honest Man, and that that is his general Character.
Martha Hasbridge . I saw him in Bed on Sunday was se'nnight at Night, at nine o'Clock, and he never rose till after six the next Morning: - I lie underneath him, he can never stir but what I hear him.
Mary Cross . Last Sunday was se'nnight at Night, Eady was at Home a little after ten, and did not go out till near six the next Morning. Margaret Seaton , Samuel May , and Robert Slater , say that he is a very honest Man - that is his general Character. All three acquitted .
130. Thomas Homan , of St Andrew's Holborn , was indicted for the wilful Murder of Susanna Dicks , Widow , by striking her with an Iron Bar, of the value of one Penny, and thereby giving her one mortal Wound on the Temple, on the left Side of the Head, near the left Eye, of the Length of one Inch, and the Depth of half an Inch, of which Wound she instantly died , August 2 .
Mary Stayner . I was at Mr. Raven's, next Door to Mrs. Dicks's in Fetter-Lane , August 2. and heard a dreadful Cry of Murder. I run into the Yard and screamed out, I insisted on the House being broke open; I saw some Blood come against the Window, and I saw a Man in a woollen Cap peep through the Window, but I cannot tell who it was: When the House was broke open, we went up and found Mrs Dicks lying in a very deplorable Manner, in her gore Blood. - She lived two Hours after. - She was a Widow Gentlewoman of 74 Years of Age,
Prisoner. Can you say it was me?
Stayner. I do not say it was you.
Robert Nannay , Surgeon. I came there about an Hour an half after the Accident, and found she had left a great deal of Blood. She had four or five Wounds in her Head; two of them were attended with a Fracture in her Skull, and her Brain was wounded. The Wound was upon the left Side of the Head, upon the Temple; which was the Occasion of her Death. The Prisoner had hid himself in the Cellar, and was found there, whilst I was dressing the Woman: I asked him how he came to do such a villainous Thing; he said she assaulted him first with a Poker, or some such Thing. I asked her who did it, but she was not able to say any more than Lord! Lord!
John Palmer . I was there about eight o'Clock in the Morning: I searched the House, and found the Prisoner at the Bar in the Cellar, under a Hamper. I asked him how he came to use the Gentlewoman in so barbarous a Manner; he denied it a little at first, and desired to see the Gentlewoman. I taxed him with it, and he owned afterwards the committing of the Fact.
Prisoner. Can you swear I was the Person that did it?
Palmer. There was no body else in the House: Near the Place where he was I found an Iron, which I suppose he did it with, covered over with some Dirt; it was a Piece of an Iron Bar; this is the Iron, it was bloody when I took it from under the Dirt; the Prisoner's Hand was very bloody. - I cannot say whether his Linnen was bloody or not.
Mr Cooch, the Constable. The Prisoner's Master hearing a Cry of Murder in the House, sent for me to come directly; when I came, he said, he believed there was somebody murdered in the House, and desired I would get the Door broke open as soon as possible: I fetched a Smith, and broke open the Door, and saw the Blood running through the Floor, upon the Cieling. I got a Surgeon, and he said, she could not live above two or three Hours. A Woman told me, she saw a Man with a Woollen Cap put the Curtain on one Side, and look through the Window; and then I set two or three People to watch, that he did not get away. My Lad took a Stick and a Bayonet, and searched the Cellar; he struck a Hamper, and out jumps the Prisoner; he said he wanted to see Mrs. Dicks, to know whether she would live: Said I, Tom, how came your Hand bloody? Why, said he, my Nose has bled . Said I, you lying Rogue, it has not bled. I turn'd his Head up, and saw it had not. - His Hand was all over bloody, to his Fingers Ends. I got a Coach, in order to carry him before an Alderman. When he was in the Coach, I asked him, how he came to do such a Thing as this? He said, he could not help it, he did not do it with a Design to murder her, but to rob her. He said he had a Design to do it for five or six Weeks, but his Heart always misgave him. He told the Alderman it was a Bar that he did it with, and that it lay somewhere in the Cellar. He said he had got out of his Bed several times with an Intent to do it; but on the 1st of August he resolved to do it: He said he went in at the Cellar-Window, between four and five in the Morning, and lay concealed till between six and seven: He wrenched the Lock of the Stairs-foot Door off, in order to get to her . She came down some of the Stairs, and said, Tom, what do you want? but she run back, frightened, into the Room, and he run after her, with the Bar in his Hand: She clapped a Chair and Table against the Door, and took up the Poker or Tongs to strike him with, and he knocked her down, and repeated the Blows till he thought he had killed her, as he confessed himself. He said, when he thought he had killed her, he was going to rob the Drawers, but her crying out Murder, and the People making a Noise without, and the Blood running down, he run down into the Cellar, and hid himself under a Hamper. - She crying out, he was afraid of being discovered, and so murdered her.
Prisoner. You have said several Things, that as I am a little deaf, I could not hear: Did you see me take the Lock off the Door?
Coach . No, I did not.
Thomas Jefferies . The Constable sent for me to aid and assist him to get into the House. I went and fetched a Ladder, and set it up against the Side of the House, and looked in at the Window, and saw the Gentlewoman lying in her Blood. I heard the Prisoner say, he did not design to murder her ,
Guilty , Death .
Joseph Aldin . I had a Silver Tankard stole from me the 24th of August. I keep a Publick-House , the Prisoner at the Bar called for a Tankard of Beer, I drew it him and went into the City about some Business, I left him in the publick Drinking-room between ten and eleven in the Morning.
Charity Child . The Prisoner was at our House on Monday - the Day before he stole the Tankard, and drank Beer there the best Part of the Day; he came again on Tuesday Morning and called for a Tankard of Beer, and my Master drawed him a Tankard ; and afterwards I drew him a Pint and put it into the Tankard; I saw he moved himself nearer towards the Door. Sir, says I, you have not drank all your Beer; if you please to drink it; I desire to have the Tankard, for we do not use to leave Tankards in this Room, he said he would take care of the Tankard, so I went out of the Room, and presently after I went in again, and he and the Tankard were gone. - I had but just turned my Back. - No Body else was in the Room, it was done in a Minute. - I cannot say whether he went out at the Sash, for the Windows were open, or out at the Door.
Prisoner. Did you see me take the Tankard away?
Child. There was no Body there but you and I, that I will swear.
Prisoner. But I can swear to the contrary, and my Oath is as good as your's.
Another Witness. He owned he had stole two Tankards, and sold them. I went with the Gentleman that lost one of the Tankards to Wooburn in Bedfordshire to take the Prisoner, and he wrote a Letter with his own Hand, directing where to find the Tankards.
Daniel Sherbert . The Prisoner brought this Tankard to me about the End of August last, and sold it me; I asked him how he came by it, he said, he had it from a Friend out of the Country, and brought a Letter in his Pocket-Book, with the Marks and Weight of the Tankard; desiring him to sell it, and upon that Account I bought it, at five Shillings and three Pence per Ounce, and paid him six Pounds fourteen Shillings for it .
Prisoner. Am I the Person that brought you that Tankard?
Sherbert. Yes, you are the very Person who brought me that Tankard.
Mr. Bramston produced his Examination taken before the Duke of Bedford, one of his Majesty's Justices for the County of Bedford, taken September 13, 1742. and signed William Dixon ; wherein he confesses that he stole a Silver Tankard from Joseph Aldin , of St George Bloomsbury , and another from Robert Ellis , of St Mary Whitechappel , that he sold Mr Ellis's for five Pounds two Shillings over or under; and Mr Aldin's for six Pounds two Shillings over or under.
Prisoner. When I was taken before the Duke of Bedford, the Prosecutors were present, and made me drunk with Wine, and one thing or another, that I was quite in Liquor, and did not know what I did; they prosessed great Friendship to me if I would discover any Thing of the Matter: They promised punctually they would no ways hurt me, if they could be made Retaliation for the Loss - they frightened me so I did not know what to do; the next Day I had some Friends came to me, and they asked me whether I knew what I had done; and I said I did not know what I had done.
Mr. Bramston. This Examination was read over to him before the Duke of Bedford, there were neither Threats, or Promises, but he did it voluntarily. Guilty , Death .
132. Robert Bird , of St Giles's Cripplegate , was indicted for breaking and entering the Dwelling-House of Samuel Sanders , about the Hour of one in the Night, and taking from thence 116 Ells of Linnen, called Gulix Holland, value 28 l. 623 Lawn Handkerchiefs , value 44 l. and 90 Yards of Irish Linnen, value 3 l. 10 s. the Goods of Samuel Sanders , August 21 .
Samuel Sanders . The 21st of August last, about two in the Morning, the Watchman called me up, and told me the Flap of my Cellar-Window was open, I rose in a Fright and looked out and saw the Cellar-Window was broke next the Street; said I my dear, I am afraid we shall be killed, for I believe the Rogues are in the House, for the Watchman stands at the Flap of the Cellar-Door, which was broke open; it fastens with two Bolts, and a
William Pritchet . On the 21st of August, between twelve and one on Saturday Morning, as I was going Home in order to go to Bed, I met Joseph Kent , and Robert Bird , the Prisoner; said I, where are you going? I will go along with you. Damn you, said they, we don't want your Company. This was in Cock's-head-Court , in Golden-Lane, where Kent lives; says Kent's Wife, will you be a Penny? So she gave me 2 d. and I put a Penny to it, and we had a Pot of Beer: While we were drinking it, says Kent's Wife, somebody is coming up Stairs. Kent came up with a Load upon his Back, and Bird with two long Pieces rolled up under his Arm, which seemed to me to be Cloth, and Kent put the Goods into a Closet in his Room: Seeing this, I had a Suspicion they had been a robbing: They went out again, and I followed them: They went to the Prosecutor's House: The Prisoner at the Bar went into the Cellar, and Kent stood at the Top of the Stairs, receiving the Goods from the Prisoner, and putting them into a Bag. Says I, what do you do here? Says Kent, Damn you, as you are come, take this up, and carry it away; and I being in Liquor, fell down before I had got a Stones-throw. When I came to Ken t's House, I fell down upon the Stairs, with a Load upon my Back. When I came up Stairs, the Goods were all in the Middle of the Room; then they took the Goods up again, and went away: When we got to Grub-street, says Kent, Pritchet, you may go back again now. Said I, you may as well let me see where the Goods go now. No, by G - d, says he, you shall not. When I came back again, the Goods were all gone. Says Kent to me, Robert Bird has got an old Coat, he will give you that for your Trouble.
Sanders. I have something to say to the Court with respect to the intended Sale of these Goods: They were to have been sold to some Jews, but they were so conscientious, they would not buy any thing of a Sunday; but this Holland, that cost me 4 s. an Ell , they were to sell them at 4 d. a Yard. Guilty , Death .
Mr. Sanders. My Lord, I beg that Pritchet may be detained in the Compter, in order to give Evidence against the other (Kent) when he is taken. He is an incorrigible Villain; I shall catch him very quickly.
Pritchet gave his own Consent to it: He said he could work in the Compter; and had rather be there than not, for fear of being killed.
Mary Denny . I lost these Goods out of the Lodging which I let to the Prisoner, ready furnished; he was to pay 3 s. for the first Week, and 2 s. 6 d. a Week afterwards: He was not there above a Week. I broke open the Door of his Room and found these Things missing. He owned to me, that he sold the Chimney-Glass and Sconces, and the Feather-Bed.
- Fountaine. He left a Pillow, Bolster, and Sheets, at my House at Islington, while he went to look for his Wife and Sister, who were going into the Country. Guilty .
* He was an Accomplice with, and Evidence against Mat. Mooney, condemned last Sessions for a Robbery on the Highway. He is now detained for a Robbery in Surrey .
The Court ordered the Prosecutor's Recognizance to be estreated .
135. William Bird was indicted for that he, on the 16th of July , &c. in and upon one Phillis Wells , did feloniously, wilfully , and of his Malice aforethought, make an Assault , and her the said Phillis , then being in a certain close Room, called the Hole, then being Part of a Building called StWilliam Bird , in the same close Room, which was not of sufficient Largeness to confine twenty Persons therein for the Space of three Hours, without manifest Danger of their Lives; by which said confining and continuing of her the said Phillis, by the said William Bird , in Manner aforesaid, she the said Phillis, on the said 16th of July, within the said close Room, was suffocated, and of the said Suffocation died, and so the said William Bird , on the said Day, in the said Year, Parish, and County , [as had been laid above] the said Phillis Wells did feloniously, &c. kill and murder .
[The Case having been fully opened by the Council, and printed at length in the last Sessions-Paper, we shall now begin with the Evidence.]
Thomas Morris . I was the Person charged by the High-Constable with Phillis Wells , and went along with her to the Watch-House. I told the High-Constable that I knew her to be an honest Girl, and that I would conduct him to the Round-House, but would take no Charge of her. I believe the High-Constable sent one Clark with her. She was left in the Round-House, and I saw her no more, till I saw her dead in the Bone-House. She has a Brother-in-Law whose Name is Frazer; he is a House keeper in my Beat; I went and acquainted him - it was between two and three o'Clock in the Morning. When the High-Constable called out Watch, - she told him she was come from Deptford , and that she had been about her lawful Affairs. - I told Mrs. Bird I knew her.
Bird. I desire he may be asked, what my general Behaviour to the Prisoners is?
Court. Do you hear of any Complaints as to his Behaviour to the Prisoners?
Morris. No; only if they have been rude, he has sent them down into that Place. I do not know of any ill Usage to the Prisoners. - I have heard disorderly People in the Street speak against him. - Some speak good, and some speak had of him.
Coun. What is his general Character? Is he a kind Goaler, or is he otherwise?
Morris. I cannot make any Answer to that: - The Girl was in good Health, only frightened, to be put into such a Place which she never was in before.
Mary Saint . I know Phillis Wells ; I saw her in the Round-House about four o'Clock in the Morning, and spoke to her through the Window; the Place was full, she stood in the Middle, - my Mistress sent me there - Mrs Frazer. She was then in seeming good Health, and spoke freely to me. Said I, Phil, In the Name of God, how came you here? She cried to me, Mary Saint , for God's Sake give me a little Water? I stepped up to Mrs Bird for a little Water, and she said they should have no such Thing.
Council. That is nothing at all, a Man must not be hanged for his Wife.
Saint. I did not speak to William Bird . - Between two and three o'Clock in the Afternoon I found her dead upon the Bench. - She came from Deptford that Morning. - She had a lightish Callimanco Gown on. - I staid at the Window about three Quarters of an Hour, - the Window was open when I was there. I cannot tell what Number of Persons there were in; they cried out they should all be smothered.
Charles Frazer . On the 16th of July, about three o'Clock, the Watchman called me as usual. - I sell Physical Herbs; and the Watchman told me, the High-Constable had taken up my Wife's Sister, and that he had carried her to St Martin's Round-House. - I did not go to the Round-House then, but went about my Business; for I did not think there was any Danger: When I came back, which was about ten o'Clock, my Maid told me she had seen her there about five o'Clock in the Morning. About ten, or a little after, I went, and found her dead in the Hole, - there were two more dead, one lying on the Right-Hand of her, and the other on the Left. - She was lying upon a Bench. - She had a Camblet Gown on, or something like it, of a lightish Brown Colour .
William Frazer . Charles Frazer is my Brother: Between ten and eleven I went to the Round-House, and went down into the Hole. - I saw Phillis Wells there, and she was dead. - I think she had on a whitish brown Gown. - She was a sober modest Woman.
Bird. As he has served Constable, I ask him whether it is customary for the Door of the Hole that lets into the Passage to be left open?
Churchman . It cannot be customary to leave it open, because it is a thing that hardly ever did happen, to have so many Prisoners in it.
Elizabeth Amey (having given much the same Account as on the former Trial). When the Door was opened, about half an Hour after ten in the Morning, some came out stark naked. I came up with a Bed-Gown on, and it was so wet you might have rung the Sweat out of it. - Mrs Bird gave me some stinking Water, - I drank that, and I believe I drank about three Quarts of clean Water. Bird said once to Mary Wood , the Window should be left open, and afterwards he shut it; I believe it was upon Account of a Woman's bringing some spiritual Liquor. - There was Room enough above Stairs, but we could not have it without Money. - Sarah Bland was in Fits, and carried to the Workhouse as dead, and did not come to herself for two Days.
Bird. Did not you say you would be up with me upon some Account or other? Did not you live at the House in Oxendon Street, where the Coachman was murdered? *
Amey. I was then a Waiter at Mr Eastmead's Bagnio; I never lay a Night in that House in my Life.
Sarah Starks . I was carried to the Round-House about half an Hour after Eleven, and put into the Hole by Mr Bird. - I believe there might be six down there then, but it was so dark, I could not well see how many. - I believe there might be twenty-six at last. - The Window was open when I first went down, and I believe might be open for the Space of a Quarter of an Hour, and then it was That ; it was opened again a Quarter before Four, and shut again a Quarter before Five. - We were crying out for Water and Air, and Mr Bird would not let us have it. - Mr Bird came down several Times - And we asked him for Water and Air, and he told us we should neither have Air nor Water. - I am positively sure of it. - I am sure he was the Man that made Answer so several times. There was one Shilling offered for a Pint of Water; we raised among ourselves four Shillings for a Gallon; he said we should not have any; there was one Woman he gave a Blow on her Head. - He struck her because she wanted to get up Stairs to have a drop of Wine or something to comfort her. - He said we should all suffer for her, and might die and be damned. - I cried out Fire and Murder. - Bird shut the Window the last Time. - He said twice that we might die and be damned, and we should stay till let out by the High-Constable; and the last Time he came down he struck a Woman, gave her a Kick, and pushed her away from him. - He did not say, die and be damned, when he shut the Window, it was when he shut the Door.
Bird. Do you think my Intention in shutting the Window was to stifle them, or to keep them sober, in order to go before a Magistrate.
Starks. I believe his Intention was to stifle us all if he could.
Ann Norton . I was taken out of my Bed from my Husband and carried to the Watchhouse, about one o'Clock in the Morning. - I was kept above Stairs, I was not carried into the Hole. - I had a Friend with me, and spent Money there, and paid Six-pence for sitting up Stairs. - That was the Reason I did not go down into the Hole. - I heard them cry out for Air and Water; and they cried out Fire and Murder, and that there was a Woman in Labour. I heard them cry they would give a Shilling for a Quart of Water, and five Shillings for a Gallon: Bird sat writing at the Table then, and said, Damn the Bitches they want Gin. On their crying out they should die, he said, they might die and be damned; this was between six and seven in the Morning. - I heard him sayHenry Norton in the same Room with me, and a young Man whose Name is William, he is a Coach-maker in Long-Acre. - Bird ordered Bushel to go down and put some Prisoners in, and Bushel came up and said he could put no more in; and Bird said, let me go down, I will put them in, and he pushed them down Stairs one over another. - He went down with a Poker to fasten the Door; there was Room for a great many more above Stairs. - Bird went to Bed about eight o'Clock.
Bird. You say you were kept above Stairs, did you pay any thing for it?
Norton. Yes, I did, I paid Six-pence for a Quartern of Usquebaugh, and Six pence to your Wife for sitting up.
Bird. I never heard any thing of that before; have not you expressed yourself much in my Favour, and said, that I endeavoured to get you examined last Sessions for me?
Norton. No, Mr Bird, you are wrong there, when I was asked whether I would be examined of your Side, I said no, I would not wrong my Conscience so much .
Sarah Bland was consistent with her former Evidence, and gave this Account of the Deceased; there was a young Woman, who said her Name was Wells, and that she had been at Kensington, and was going to her Brother with some Coltsfoot when she was taken up: (My Cousin Maurice was then on my Knee.) Says she, I do not know what I have done; if my Brother knew it, he would grow crazy. She was faint, and said, If I could get a Drop of Water I should be better; but no Support came to us after the Door was shut; nobody came near us: She died, I cannot tell whether on the Bench, or on the Ground. She seemed to be very well in Health when she came in, but she took on upon Account of being carried there. - Bird himself brought her down. - We told him we wanted Water; he said, Water, you Bitches , be damned - He did not say die, then.
Mr Bushel the Beadle called.
Bird. My Lord, I submit it to your Lordship, whether he is a proper Witness; because he attended the Constable of the Night along with me?
Court. Yes, he is.
He was then sworn, and gave an Account of being sent down with the three Women, as at the last Sessions.
Q. Would the upper Door of the Stairs have been secure, if the Women had been let out into the Passage?
Bushel. I believe it might: There is a Lock and two Bolts to the Door, but it is not strong at all: They could not have got out of the Round-House. - Three died in the Hole, one got up upon the Stairs, and died there: About ten Minutes after she got out, Bird said to one of the Women that did not die, one Betty Eaton , when she was brought out of the Hole, and sat in a Chair in the Chimney, You Bitch of Hell, no Carrion will kill a Crow. - She made no Reply, for I believe she could not well speak: She was brought up without a Cap, and was almost stifled .
Bird. Pray, upon my being informed, that some of the People were ill, did not I send you for Spirits, and for People to bleed them.
Bushel. You did not send me, you sent Broadbent. You said you would send the Chair from the Workhouse, but you did not return again; but the Chair was brought at last.
Bird. Are you sure of it? Recollect yourself.
Bushel. You did not come back to the Round-House: I know you sent for a Man to bleed them. I do not know any Thing else you did. -
[ John Tilton , who was called at the former Trial on Behalf of the Prisoner, was now examined on the Part of the Crown; and gave the same Evidence as to the Time of his being at the Round-house, and of Bird's putting down some Prisoners into the Hole, after Bushel told him he could put no more in, for there were so many they would be stifled ; and likewise what passed in relation to leaving open the Door of the Hole]
Bird Was there any Order given to leave the Shutter open? Who gave the Order ?
Tilton. There was an Order given that they might have Air: It was open at five o'Clock, when I went away, and I desired it might be kept open.
Bird. Did you hear any Out-cry of Murder?
Tilton. No, I did not hear any Out-cry at all. I was in the Room with Bird and the Constable of the Night.
Bird. Did you hear any Cry of Murder, Mr Bushel?
Bushel. No, I did not.
Elizabeth Desborough . I was confined in St Martin's Round-house July 16. Bushel came down with some Prisoners, I cannot say what Time it was, nor how many he brought down. He went up and left the Door of the Hole open, and desired it might be left open, and the Door on the Top of the Stairs fastened; he spoke this to Bird, but I cannot say what Answer Bird made, but he came down directly, struck Elizabeth Amey , pulled her Cap off her Head, pushed us all together, and said he would make Room; he made use of several Expressions, but I cannot tell what they were.
Q. Did any of you get into the Passage when the Door was open?
Desborough . We did not go out into the Passage, I believe some might stand just on the outside of the Door. - When Bushel left the Door open, he said it was too close with it shut. There was some Refreshment came into us from the Air, when the Door was open.
Mr. Perkins the Surgeon, and Mr Colclough , who were sent for to bleed these People, gave the same Account now, of their Condition, as they did at the former Trial.
Q. Do you think the Place would contain twenty Persons for the Space of three Hours, without manifest Danger of their Lives?
Perkins. I do not think it would, if the Doors and Windows were shut. - I apprehend they were suffocated for want of a due Quantity of Air, for Inspiration and Respiration.
Bird. Were any of the Bodies opened?
Perkins. No, Sir, - they said there was one of the Women with Child, but she was not with Child; she had a Dropsy.
Bird. As to the Cause of the Suffocation, I desire to know if a Person had been opened, whether it could not have been distinguished , whether the Suffocation was occasioned by Liquor, or for want of Air? It was the Opinion of Sir Hans Sloane , in a Case that happened at Hertford some Years ago *, that two Spoonfuls of Liquor will suffocate a Person.
* See the late Edition of State-Trials, Vol. V. pag. 217.
Q. to Colclough. Would that Place contain twenty Persons three Hours, without manifest Danger of their Lives?
Colclough. No, I think not; I think I must have been dead, if I was in such a Heat as that for that Time. - I think it is impossible to live under those Circumstances, in such hot Weather; indeed Winter Time makes a Difference. - Their Death was occasioned, in my Opinion, through the Number of People, which were confined there, and the want of Air and Water.
Q. Was that in your Opinion the Occasion of their Death?
Colclough . I am sure of it.
William Bird . I am the unhappy Person who stands charged with the Crime of Murder; a Crime of the highest Nature; and I hope I shall, with your Lordship's Assistance, in Points of Law, bring myself off this Charge; and I hope what has been clamoured abroad, will not have any Effect upon the Gentlemen here. I shall endeavour to bring Witnesses of sufficient Credit to be believed: This was occasioned by a Search-Warrant , from Justice De Veil, to bring to our House such Persons as were taken up in the Street, &c. The Warrant was to be returned at eight o'Clock in the Morning, and if the proper Officer had came at the Time, this Misfortune would not have happened. I never went to Bed, I only lay down at the Feet of the Bed at seven o'Clock, and indeed I lay till between nine and ten. I never heard any thing of an Outcry of Murder, or any thing else; and as soon as I knew of the Misfortune, I made Application for Assistance to relieve them. As to the Number of People in the Hole, I did not know; and I had no Occasion to try the Number it could hold, till this unhappy Occasion: I had nothing to get, no Liquor to sell, nor any Opportunity of doing any Thing to make a Property of them; and I do declare this unhappy Affair was without my Knowledge or Inclination.
Bird. Will your Lordship please to order him to give you a particular Account of this Affair, and to speak nothing but the Truth?
William Malpas . My Lord, I was taken up the 15th of July at Night, among the unhappy Persons that died. During the whole Night I did not see the Prisoner at the Bar use any Cruelty towards them. - I was there from about a Quarter before Eleven at Night, till about Ten the next Morning. I was above Stairs all the while. - I was not put down into the Hole, because the Prisoner was a particular Acquaintance of my Mother's, and knew all my Friends. I went down to the Hole to carry a Candle, which was knocked out by one of the Persons confined . - The Door was open when I went down; this was about four o'Clock in the Morning; one of the Persons was bustling to
Bird. Pray, Mr Malpas, give an Account to the Court and the Jury, what Part I acted, and who acted that Night.
Malpas. He sat writing most Part of the Night. - In the Morning, Mr Akins, the Constable of the Night, ordered the House to be cleared two or three Times before he went away.
Bird. Did I do this of my own Head, or by the Direction of the Constable?
Malpas. By the Direction of the Constable.
Bird. Did I do any thing without the Constable's Order?
Bird. Did I make any Objection to the Discharge of Persons who were brought in by the Watchman for breaking of Windows, and were discharged by the Constable?
Q. Did you know any one that was called by the Name of Wells?
Malpas. No, I did not.
Bird. Did I put any of them down, or go down, till between four and five, when the Constable went down? I did not go down before that Time.
Malpas. I did not see him go down.
Bird. Who knocked the Candle out of my Hand?
Malpas. One of the Prisoners, her Name was Amey.
Bird. How did she behave before she was put into the Hole?
Malpas. She behaved in a very abrupt Manner, and bred Differences. I believe she was ordered down at first by the Constable of the Night.
Bird. What Time was it in the Morning that I laid down?
Malpas. It was a little after Six.
Bird. What Time did you call me again?
Malpas. About Nine. - He laid down with his Waistcoat on.
Bird. During the Time I sat up, did you hear any Outcry of Murder, or Water, or that the Women were ready to be delivered of Children.
Malpas. There was a great Noise from first to last, before they were put down into the Hole, and after.
Bird. The Place is so accustomed to Noises that one does not know whether there is Danger or no.
Malpas. I did not hear any Cries of Murder while you were up.
Bird. Did I shut the Window to do them an Injury, or what was it for?
Malpas. Bird said to the People who brought Liquor to them, you are not their Friends, how can they defend themselves in the Morning if they are in Liquor? And when they came out, and he found how bad they were, he sent for a Surgeon to bleed them, and took all the Care he could of them.
Malpas. I know her by her being up there; she was sitting in the Room with me; I spoke to her once since, and she said she would do Bird all the Service she could, for he had been very civil to her.
Bird. Now she tells another Tale; it has been said that I was up and down divers Times with Prisoners, to put them into the Hole; it was impossible I could go down with the Prisoners, when there were near forty of them, and a Constable that could neither read nor write. I was obliged to sit with him to take an Account of their Names.
Malpas. Several were put down by Watchmen.
Bird. Pray did I drink with Serjeant Burns the value of two or three Shillings in Liquor?
Malpas. No, I do not think he did.
Bird Where did the Liquor come from.
Malpas. It was sent for out of Doors.
Bird. I am sure I had none to sell: Pray did I take any Money of Mrs Norton to let her stay up?
Malpas. I did not see him take any. - There was no Body forced to have any Thing.
Bird. If I had known any of them had been in Distress, do you think I would not have relieved them?
Malpas, I believe he would; for he said, if I heard any Noise or Outcry upon any Occasion to call him, or if there was any thing wanting.
Bird. Did you hear any Expression 'tis said I made use of, of Die and be damned?
Malpas. I did not hear any such Words.
Bird. If I did, it was an inadvertent Expression of my Tongue, and did not come from my Heart.
Q. Where was Bird when he called for a Candle?
Malpas. He was below, I saw him struggling with Amey; she wanted to get out, and the Door was immediately shut up by Mr Bird.
Bird. I went down to see that all was safe.
Q. How many Prisoners were there in the Hole when you carried the Candle down?
Malpas. I do not know, but it seemed to be full.
Malpas. I do not remember that I did.
Q. Do you remember any thing of Bushel's coming up, and saying, he could not put any more down?
Malpas. I heard something said of that, but I cannot tell who said it.
Q. I ask you upon your Oath whether it was not Bushel?
Malpas. I cannot tell.
Q. Was there no Reason assigned why they could not be put in, that they would be stifled , or something like that?
Malpas. I cannot make any Answer to that.
Q. When the Door was desired to be left open, did not you hear whether it was for fear the Prisoners should be stifled ?
Malpas. I did hear it mentioned, but who spoke it I cannot tell.
Q. Did not the Constable, when he went away, desire the Shutter of the Hole to be lest open?
Malpas. I do not know, it was open when he went; it was shut again between Five and Six by Bird's Son, because they should not have Gin brought them. - I did not see Mr Bird shut it. - The Room above extends over the two Holes and the Passage, and over that Room Mr Bird and his Family lie.
Elizabeth Beaumont . I was taken out of my own House, and brought into the Round-house, about half an Hour after eleven at Night, and staid in the Drinking-Room till five in the Morning, and was in another Room above Stairs till nine. I saw no Misbehaviour in Bird, and did not hear any of the Prisoners give him an ill Word; he staid most Part of the Night by the Constable writing. - I do not know that he went down all Night. At five o'Clock in the Morning, the Constable of the Night and the Beadle insisted on the Room being cleared before they went. - I did not hear any Body cry out as if they were in Distress.
Q. Did you hear any singing?
Beaumont . Yes, I heard them singing very much. - I heard them singing in the Room where the Women were.
Court. Sure you are mistaken!
Beaumont. Indeed I am not.
Court. - This Singing you speak of, are you sure it was in the Room where the Women were ?
Beaumont. It was Women's Voices.
Court. Are you sure of it?
Beaumont. There were Men down, as well as Women; it might be the Women, or it might be the Men.
Q. What was the Reason of your being above Stairs? Did you pay any thing for it?
Beaumont. I had no Money to pay: I went down, and he said, Damn you, come up, I have more already than I know what to do with: There were five or six more came up with me.
Coun. You say you saw nothing amiss in his Behaviour, you mean to yourself, for he was very civil to you; how came you to be used so civilly?
Beaumont. There were several Gentlemen, who were Officers of the Parish; they saw me take on very much, and saw my Condition, that I was with Child, and they desired I might not be put into the Hole; he behaved very well to all for what I know, - if there had been any Complaints, I must have heard them.
Q. You said there were five or six went up with you: What became of them afterwards ?
Beaumont. The Constable of the Night and the Beadle went down again with them, and I went up to sit on the Bed-side. - I am a single Woman. - I was not in the same Room with Mr Bird; the Rooms are parted off. - When the Constable of the Night had put them in, he made a Speech, and said, I have put them in, and you could not.
Court. What Speech did he make?
Beaumont. The Constable of the Night said, that he had put them in, when Bird could not. - That tall Man (Bushel) was there all the Night, but he was very drunk.
Court to Bushel. Who was there?
Bushel. There was the Constable of the Night, Tilton, and I, and another Beadle who came out of Curiosity .
Akins, the Constable, was called for by the Court.
Q. Was that Man [pointing to Akins] Constable of the Night?
Q. Was that the Man that said, I have put them in, and you could not?
Beaumont. Yes, that is the Man. - I did not say it was Mr Bushel that made that Speech.
Court to Akins. Did you go down with any Woman into the Hole?
Court. Did you declare, that what Bird could not do , you did?
Akins . No, my Lord; Bird knows I did not.
Court . You hear what that Woman says, did you say so, or did you not?
Akins . No, I did not.
Q. Do you know who said it?
Akins . I heard no such Expression: I carried none down all the Year.
Bushel. Upon my Oath Bird said, I have put them in in a Minute that you could not.
Bird. This was not from Good will.
Tilton. Bird said, that Akins never did stir down.
Bird. Mr. Akins, you swore you were down four or five Steps: I shall catch you by and by. - What Time did you go away?
Akins. I went away at half an Hour after Four. - I never heard any Cries before I went away. - Yes, I did hear Singing - I cannot tell whether it was from the Mens Hole, or the Womens Hole. - It was between two and three o'Clock. - I gave no Orders whether the Window should be shut or open.
Mr. Hooper. I am a Surgeon and Apothecary; being informed of what had happened at the Round-House, I went there between eleven and twelve, and saw Mr Colclough bleeding the Women. I thought it best, for Expedition, to cut them down the temporal Artery. I endeavoured to bleed one, but to no Purpose; there was another that expired about an Hour afterwards; I thought it a Duty incumbent on me, to desire Mr Colclough to bleed some of the others, and they did well. Bird and his Wife were both there, he behaved with a great deal of Humanity. There were Drops and Water ready, and we had what we wanted, as often as we called.
Bird. Did you ever hear in the Neighbourhood of any Complaints of my using People ill?
Hooper. I never heard any Thing one Way or other. - It is my Opinion, that the Occasion of their Death was from the want of Air, and the Liquor that they had. - Want of Air only might occasion it: This want of Air was the more prejudicial to them, as they had had too much Liquor before. They would have breathed freer without it.
William Anderson , one of the Beadles. I came to the Round-House about seven o'Clock in the Morning: I asked Mr Bird how many Prisoners he had, he said, he believed he had about thirty; I staid about five or six Minutes, and went away, and came again about ten o'Clock. One told me there was a particular Acquaintance of his taken up and put in the Hole. I went about ten o'Clock and asked for Bird, they said he was in Bed, and went up and called him, and he came down; I opened the Door, in order to let her out; as soon as the Door was open, the People bounced out directly upon us; the Place was very nauseous, and the smell so strong, that I thought it would have struck me down; they called out for Water, for they were quite stifled : I fetched some Water from the Pump, they drank that up, and I got them some more. - At seven o'Clock there were no Outcries, but at ten there was a great Outcry.
Bird. If your Lordship will please to observe this was in the Time I went to lay down in my Wastcoat : If they had come at the Return of the Warrant, this Accident might not have happened.
William Cluer I never knew but what Mr Bird behaved very well, ever since I have known him, which is since the first of March last. I live next Door to the Watch-house, but was out of my House that Night.
Bird. It is customary to put People out of the common Room when the Watch breaks up.
Harris. I used always to put them down into the Hole when the Watch broke up. - If they behaved any ways disorderly we put them into the Hole, before the Watch goes off; if they behave civilly we let them stay above. - I never put any down into the Hole while I was Constable, if they behaved well before I went away.
Mark Coney . I served the Office of a Constable last Year, and I cannot say he committed any Crime, misbehaved, or used People ill in my Time: When we go off in a Morning we put the Prisoners into the Hole for Security, against the next Day. - I always used to put them in, I do not know whether I was right or wrong. - If they behaved civilly I did not put them in before I went away: - I never had above seven or eight Prisoners at a Time; for we had no Search-Warrants in my Year. - He always behaved well, except he was in Liquor, and then I used to bid him go to Bed, and he would go.
Bird. Have not you known me according to my Circumstances to give them Rolls or Half-pence.
Duggin. Yes, to the best of my Remembrance he has, and spoke to me that they might be civilly used.
William Baily . I have known him sixteen Years, and have been with him when he has bestowed Charity to People in Straits: I do not think him to be that tyrannical Person which he is represented to be.
Bird. I will not take up any more of your Lordship's Time, I hope I have established my Character, and I leave my Case to your Lordship and the Jury.
King's Council. As you have led us into it, we shall call some Persons to your Character; so if you would call any more do it now.
James Calf . I have known him four or five Years, and believe him to be a very honest Man; I know several good-natured Acts which he has done for People; as to his Usage of his Prisoners, I know nothing of that, I believe him to be a Man of Humanity, and rather than do any thing of this Kind, he would relieve distressed Persons, if it was in his Power; how this happened I know not.
Joseph Rawson . I have known him these thirty Years, and his Father and Mother before him. I have trusted him with a great many Pounds, and with the keeping of my Books: And as I stand before this Tribunal, and must stand before a greater, I do not think he would be guilty of any ill Thing.
Bird. My Lord, I rest it here.
K. Coun. We should not have troubled your Lordship any further, if this last Part of the Defence, as to Character, had not been made; but as he has led us into it, I think it proper to call 2 or 3 Witnesses.
Q. What is the general Character of the Prisoner?
Colclough. When he is sober, he is very civil to the Prisoners; but when he is in Liquor, he will swear, and curse, and rattle; when he is out of Liquor, he is very easy. - He is reckoned unkind with respect to beating them, damning them, and the like.
[Bushel called again.]
Q. What is the Prisoner's general Character, with Regard to Kindness or Cruelty?
Bushel. His Character is, that he is cruel to his Prisoners. - I speak as to his general Character.
Bird. He says my Character is cruel; I wish he would give the Court one Instance of it.
Coun. I am not at Liberty to ask that Question; but I will not oppose it.
Bushel. I have seen you push People headlong down Stairs; poor People in Liquor.
Q. Is that his general Character when he is sober?
Bushel. When he is sober he is hasty, passionate and hot, but he is civil to them upon all Accounts; but when he is in Liquor, he is barbarous: I would not have spoke it if he had not obliged me to do it. - I b elieve he is oftener drunk than sober.
Tilton (being asked his Character). When sober he is courteous, in Liquor barbarous .
Q. What is his general Character when he is sober?
Morris. Some People say he is good-natured, and some say he is ill-natured. - I know nothing of his general Character, nor of any of his cruel Acts.
The Jury withdrew for some Time, and being return'd, the Foreman gave in their Verdict thus. According to the Law delivered to us we find him Guilty , Death . And afterwards said, The Case is unprecedented to any of us: If there be any room to recommend the Prisoner we desire it.
N. B. There were eighteen Witnesses examin'd last Sessions, on the Indictments against the Prisoner, for the Murder of Mary Maurice , which did not appear upon this Trial: And there are seventeen Witnesses on this Trial, who gave no Evidence at the former.
Elizabeth Smith . I have nothing to say against the Prisoners. - My Husband, Patrick Smith , went out in good Health, on Friday the 20th of August, between two and three in the Afternoon, and on Saturday Morning about six o'Clock, I had Word brought me that he was murdered, and on Saturday Night he was brought Home dead.
Anne Quale . On Friday, the 20th of August, Torbett came Home about five o'Clock in the Afternoon; he was for going out, I would have had him stay at Home, but he would go out; I said I would follow him; he said it would be of no Service to me if I did. I supposed he was going to that Woman, the other Prisoner: I followed him in order to prevent it, and went through the Park, as far as Buckingham House; I kept at a reasonable Distance, that he might not observe me. I did not follow him to prevent his committing Murder , for I did not think he would have done such a Thing. Just by a Stable Yard Gate by the Park I lost them; I asked a Man whether any such Persons went that Way, and described them; he said yes, they went by Buckingham-Gate . I saw the two Prisoners, they met a Soldier, and the Soldier turned his Coat; they all three went together from Buckingham-Gate towards the Turnpike, going to Chelsea, (the Clock struck nine as I went by Buckingham-Gate ) I saw the Deceased coming along Chelsea-Fields; I pulled my Cap off, and put it in my Bosom, and put my black Petticoat over my Head, that they might not discover me. Pierce made her Way over to him as fast as she could, ( Torbett and the Soldier stopped in the Road) and then the Deceased stopped, to the best of my thinking. I thought I saw him put his Hand into her Bosom, whether he put it in or no, I cannot say; as soon as she had stopped him, says Tom Torbett to the Soldier, now let us go. When Tom Torbett came up to her, says he, G - d damn your Eyes, you Bitch, is this your Work? with that, this Tom Torbett struck the Deceased on the Side of the Head, to the best of my Knowledge; when he struck him, she said, Follow your Blows, for he has got Money about him. The Man was for going along if they would have let him, but the Soldier and Torbett made him stop, and Torbett took something from the Deceased, and gave it into Peirce's Hand; then the Soldier struck him; as soon as the Soldier struck him, one of the Dogs flew at him; (the Deceased had two Dogs with him) says he, Gentlemen, Have you no Mercy? Says Torbett to the Soldier, Take Care, the Dog will bite you; says the Soldier, Damn my Eyes, never mind that. I saw the Soldier clap his Hand to the Deceased's Breast, and he said, Gentlemen, Do not cut me any more. My Lord, as soon as the Gentleman had said Do not cut me any more, he did not walk so far as this Court is in Length before he fell down; then I heard the Soldier say, Tom, he is done for. I then thought it my best way to come away. - I saw the Soldier cross the Road, and leave the two Prisoners. I heard Torbett say, I have got his Watch with a Trifle more, and that is all: I let them pass me, and I went Home to Bed. On Saturday Morning, between eight and nine o'Clock my Husband came Home (as I called him, but I was not married to him, tho' I lived with him) I asked him where he had been all Night, says he, I have been in a great many Places. I told him I would get him his Breakfast, he said he had got Money enough to help himself now: I said I was glad of it, and he pulled out 5 s. and three Six-pences ; he threw me down three Six-pences and a Shilling. I asked him what became of the Man that he struck last Night; he asked me what Man, I told him the Man in Chelsea-Fields. I told him he did not think I followed him, but I did. When he found that I knew of it he could not deny it; says he, he struck me again, and went away, and I saw no more of him; he went out and said he did not know whether he should come Home that Night. About twelve o'Clock I heard that a Man was murdered in Chelsea-Fields, and then it came fresh into my Mind, that was the Man that I saw him strike. I met some of his Friends the same Day, and they said they wondered I should suffer him to pawn my Cloaths to buy him a Watch: they said they saw him with a Silver Watch: Then I thought they had killed the Man, but I was willing to conceal it as long as I could, as I had a Love for him; but hearing some Persons were taken up, and put into the Gatehouse for this Fact, I was under a great deal of Concern, that innocent Persons should suffer for a Crime they were not guilty of. I went to Justice De Veil, and made an Information, and took them both out of their Beds together. - It was a Moon-Light Night. - Mr Bass saw you with the Watch in your Pocket. - I am sure he had the Watch.
Torbett. I am married to her, and have a Certificate.
Q. Was you ever married to this Man?
Quale. I was a little fuddled one Night, and came to the Fleet. - There were some Words said, but we were not married. I have seen a great many Weddings, and there was a great many Words at them; we had very few Words, hardly any at all. - There was a Man there, - he appeared very little like a Clergyman. - There was no Ring, - the Clergyman had little or no Money. -
Q. So the Clergyman could not go on without Money? Did the Clergyman come to these Words, Wilt thou have this Man?
Quale. I do not know, - I never was married to him in my Life, nor never went by his Name. - I never saw the Deceased, either before his Death or after.
Alexander Read . I found a Wound penetrating the Thorax on the left Side, about five Inches deep, which seemed to be done by a Bayonet.
Patrick Owen parted with Smith, the Deceased, the 20th of August, about half an Hour after eight, he had two Dogs with him, his Watch and some Money; the Body lay in the Field next to where the Bloody-Bridge is,
Quale. He was murdered in the Field where he was found; I am positive of it, - it was the Field next to the bloody Bridge.
Caleh Eeles. I keep a Cellar in the Strand; Quale one Night came into our House, and seeing Torbett with another Woman, charged him with Misbehaviour to her; angry Words passed, and she struck him with a Pot over his Head; said, she could not correct his Manners, and was very willing to leave him. Torbett said he would go with the Prisoner, Peirce, if he was sure to go to the Devil, rather than go with her.
Joseph Limbrey . The Evidence's Name is not Quale, her Name is Ann Cokely ; but she goes by a great many Names. I have been in Company with her. - I am bashful coming into such a Place as this; I am quite bashful. I have not the Impudence a great many have. - I have heard her say, I do not value hanging no more than a Pint of Beer, - not hanging of him; she said she did not value hanging. She has been a vile Person, and bears a very bad Character; she is a notorious Thief, and I believe would not value taking any Body's Life away.
Several Persons appeared for Torbett and Peirce, who gave them the Characters of honest Persons, and never knew any Ill of them. Both Acquitted .
Widow Smith. I have no Evidence to give, with Respect to the Robbery. Acquitted .
Henry Deane . Sept. 29 , the Prisoner came into my Master's Shop, and took this Ribbon; I saw she had it before she went out of the Shop; I let her go out of the Shop, and fetched her back, and she gave me the Ribbon again.
Abbot, Brunskell, Forsyth and Carter gave her the Character of an honest Woman. Guilty 10 d.
142. Jane Barber , of St Botolph's, Bishopsgate , was indicted for assaulting John Crolee on the King's Highway, putting him in Fear, and taking from him a Silver Watch, value 40 s. and 2 s. in Money .
John Crolee . Sept. 4 , about 7 o'Clock in the Evening, at the End of Houndsditch , the Prisoner asked me to give her a Dram; she had two or three more Creatures with her: Thinks I, I had better give this Creature a Dram, than be troubled with her. We went into Magpye-Alley: As soon as the Dram was called for, I paid for it, came away, and left her, and went down Devonshire-street; there she stopt me again: When I came into Sandwich-Court, she seized me round the Neck, and hugged me, and at that Time picked my Pocket of two Shillings and some Half-pence, and she demanded the Watch out of my Hand: I told her she should not have it, for it was not mine: Says I, Madam, you will not have the Watch, by G - d: But, by G - d, says she, I will. She catched hold of the Watch, snatched it from me, broke a strong Cat-gut, and I fell backwards upon my A - e. I went back to the House where I had the Dram, the Man goes by the Name of Old Dad, and told him; he said, he knew nothing of it, it was nothing to him. I stood in the Street till twelve o'Clock, and by the Help of Mr. Stout, she was taken up. I am sure the Prisoner is the Person.
William Stout . I saw the Prosecutor in the Street about twelve o'Clock: He told me he had lost his Watch, and by several Circumstances I thought it was the Prisoner that had it: We went to Old Dad Welch, and he asked him, if he could help him to a Guinea, at last he said half a Guinea, to help him to his Watch. The Prosecutor said, he could not. We took him up, carried him to the Watch-house , and afterwards to the Compter. The Prisoner has said since, she wished she had not returned the Watch.
Prisoner. It is only Spight in this William Stout , for he is as likely to take it as any Body; and that Man (the Prosecutor) does not know who to swear it to, any more than the Child in his Mother's Womb. He was very much in Liquor.
Nan Brown with it : This Man was asleep upon a Stall three Hours. - I never saw him to know his Face.
Q. How then can you tell that he was the Man that was asleep upon the Balle ?
Welch. Only by the Cloath he had on.
Han. Welch, jun. I was coming down Sandwich-Court between six and seven o'Clock on Saturday Night , about five Weeks ago, and met the Gentleman who accuses this Woman with this Robbery, and he would have used me barbarously, if it had not been for a Man that was coming along. - You are the Man; you had a light-coloured Coat on, and a Sort of an Apron; I will take my Oath of it. - He took hold of me, and called me very unhandsome Names, and said, I had robbed him of his Watch. He slapp'd my Face, and gave me 2 or 3 unhandsome Kicks.
Guilty of the Felony, acquitted of the Putting in Fear .
143. Anne Measham was indicted for stealing a Purse, value 6 d. a Seal, value 1 s. one Piece of Gold, value 5 s. 9 d. and seventy Guineas, the Property of Bryan Mathews , - privately from his Person , Sept. 28 .
Bryan Mathews . Sept. 28, as I was coming along on this Side of Ludgate , a Woman called to me, and took me into the Prisoner's House, in a back Alley, to drink a Dram, and they dramm'd me till I was quite drunk; and I was turned out about five o'Clock in the Morning. - I went in about five or six at Night. I was a little merry when I went in, but not drunk: I was pretty sensible when I came into the Street, and in about an Hour afterwards I missed my Money. I suppose I was fast asleep when they robbed me, or I should not have suffered them to do it.
Measham. Let him look at my Face, and see if he ever saw me in his Life.
Mathews. I am sure she is the very Woman who sold the Drams.
John Gardiner , Constable. I was going my Rounds with my Watchman about one o'Clock, and going down Vandelow's-Alley , it is on Ludgate hill , one Part comes to Fleet ditch. I saw the Prisoner lie upon the Ground, so drunk that she could not stand: Being informed she had dropped some Money, I asked her if it was her's; she owned that she had dropped thirty Guineas, and two half Guineas , and some small Matters beside: She said it was her Money, and made a De of it. Says I, it is necessary, as you keep a orderly House , to go before a Magistrate, to know how you came by this Money. I had her Alderman Arnold, - it was Michaelmas Day She was in several Stories, so he committed to the Compter: By his Direction I advertised it and the next Day Bryan Mathews came to me, and said he had lost 71 Guineas, &c .
- Thomas. About half an Hour after one o'Clock, I saw a Coach stop; and as she was coming out of the Coach, I saw the Money drop from the Prisoner at the Bar. - Holdway, the Porter, took it up: I followed him to Wat Lane, Black-Fryars , and saw the Purse there afterwards .
- Holdway. I saw this Woman and another, drunk in a Coach, and as they were taking her out, I saw this Money, Purse and Seal, drop down from the Prisoner at the Bar, and I took it up immediately: There are thirty Guineas, two half Guineas, eight Shillings, and Eight-pence Half-penny.
Mathews. This is my Purse, and this is my Seal. I lost seventy-one Guineas, a quarter Carolus, and a Seal. Guilty of the Felony.
The Trials being over, the Court proceeded to give Judgment as follows.
Received Sentence of Death, 5.
Thomas Homan ,
Burnt in the Hand, 1.
Transportation for 7 Years, 12.
Transportation for 14 Years, 1.