JUSTICE-HALL in the Old-Bailey, on the 14th, 15th, 17th, 18th, and 19th of January.
In the 16th Year of His MAJESTY'S Reign.
BEING THE Second SESSIONS in the MAYORALTY OF THE
Printed, and sold by T. COOPER, at the Globe in Pater-Noster-Row. 1743.
King's Commissions of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.
BEFORE the Right Honourable ROBERT WILLIMOTT , Esq; Lord-Mayor of the City of London, the Right Honourable the Lord Chief Baron PARKER , Mr Justice WRIGHT, Mr Justice BURNET, Mr Serjeant URLIN, Recorder, 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 Country of Middlesex.
George Wright . On the 29th of November I had a light Dun Gelding stole out of my Grounds; it was in the Lands called the Lawn, in the Parish of Gotburst , in the County of Bucks: The Gelding was at Grass there, when I came from my Seat.
Henry Scrimshaw . The Prisoner brought a light Dun Gelding, on the 2d of December, to my Mother's, at the Plough in Princess-street, by Leicester-Fields . - She keeps an Inn there; he offered it to me for Sale; I asked him how he came by it; he said, he had it of his Father to set him up in a Way of Business, because he could not give him Money: He asked me nine Guineas for it; I bid him six Guineas that Night, but he would not take it; it stood all Night at my Mother's: The next Day he came again, and then I bid him seven Guineas; he would not take it then, but he came afterwards and took the Money. About a Week afterwards it was advertis'd in the Papers; upon which I went directly to Esquire Wright's, and two of his Servants came to our House; the Horse was show'd them in the Stable, (this was the Thursday after) and delivered to them directly. - I never saw the Prisoner after the Bargain was made.
John Edgar . I am Servant to Sir John Jennings 's Son: The Prisoner offered the House to me on the 2d of December, and sold him the 3 d to Mr Scrimshaw; I went Partners with him in the Horse, but I was not with him when he bought it. - It was a light Dun House. - There is very little Difference between a light Dun, and a pale Dun .
Q. Who received this Horse from Scrimshaw?
Mr Wright. My Servants did. - Edgar and Scrimshaw owned they had this Horse, and they delivered it to my Servants. I saw the Horse in the Stable as soon as I came Home: I did not see it delivered into the Stable by Scrimshaw or any Body.
Scrimshaw . The Gelding that I delivered to Hollis, was the same Gelding that I bought of the Prisoner.
Prisoner. My Father ow'd me ten Pounds, which was due to me as a Portion when I came to the Age of Twenty-one: He said he could not give me the Money, but he would give me this Horse in the Room of it; so I came to Town, and sold it.
Q. What is become of your Father?
Prisoner. I sent down to him, but he could not come up. Guilty , Death .
Q. How do you know he was lost?
Mr Wright. I have it from my Steward himself; I have it under his Hand. - I have the Servant here, who went down with the Horse.
Mr Collingridge not appearing to prove that he lost the Mare, the Prisoner was acquitted .
Elizabeth Titt . On Wednesday was Fortnight I saw the Prisoner come out of my Kitchen with something in her Apron, and was going up Stairs; I asked her what she had in her Apron; she said, nothing of mine: I said, I would see; she said, if I would go back again into the Kitchen, she would show me: When she came into the Kitchen, she threw the Sheet down upon the Bed.
Margaret Pierce . On the 29th of December I saw the Prisoner throw this Sheet out of her Lap upon Mrs Titt's Bed: I had left the Key of the Kitchen in the Door, and missing it, I asked her for it, and she pulled it out of her Bosom, and gave it me. I saw this Blanket lie upon the Stairs.
Edward Warren . The Monday after she was taken up, I went to the Gatehouse, and asked her if she knew any thing of a Blanket which lay upon the Stairs: she said, she might drop it in a Fright, or she was in Liquor. Guilty 10 d.
65. Margaret Baker , of St James, Westminster , was indicted for stealing a green Silk Night Gown, a Child's Short Coat, four Boy's Shirts, four Frocks, 6 Cloaks, &c. the Goods of Matth.ew Hardwick ; and a pair of Stays, and a short Cloak , the Property of Mary Hardwick , December the 8th .
Matthew Hardwick . I lost the Things, mentioned in the Indictment, out of my House, [Had it been so laid in the Indictment it had been a Capital Offence] the 8th of December, about nine o'Clock in the Forenoon.
Mary Hardwick . On the 8th of December, a little after nine in the Morning, I missed these Things; the Door of the House was open: I saw a Woman go out of the Passage, with her Lap full of Things; but thought, she had mistook the Door, not mistrusting she had stole any Thing, but I missed them soon after; she was much about the same Stature of this Woman, but was not in the same Dress as she is now; I only saw her Back, so I cannot swear to the Prisoner.
Prisoner. That Gentlewoman's Mother cleared me, she said I was not the Woman, for she could know her from a thousand.
Thomas Carter , I keep a Saleshop for Women's Apparel; these are the Things which were brought to my Shop by the Prisoner, the 8th of December, between 9 and 10 in the Forenoon: And I gave her 20 s. for them - Mr Hardwick came and owned them.
Prisoner. I bought them of one who said her Name was Mary Clark , and that she lived in Short's-Gardens; I went to this Gentlewoman's with some other Things. (for I am a Trader) says she, the Goods you sold me last were stopped, and it is very hard for me to lose my Money *; so it is for me said I, and I went with that Gentleman to enquire for Mary Clark , but could not find her; there was one of that name had lived there, but she had been gone a Twelve-month.
* No Sale, Exchange, Pawn, or Mortgage, of any kind of stolen Goods, which shall be sold, &c. in the City of London, or within two Miles thereof, to any Broker or Pawntaker , shall make any Change or Alteration of the Property. 1 James i. c. 21.
Thomas Carter . This Woman did come again with some other Things, the last Day of December, I knew her again; and I went with her to Shorts-Gardens , to enquire for this Clark, and there had been such an one, but she was gone about a Year before.
Jane Carter . She offer'd to make it up and pay me the Money, rather than come into Trouble; but at the same Time, insisted upon her Innocence, and that she bought them honestly. Elizabeth Dumbleton , and Martha Osburne , had known her some Years , and gave her the Character of an honest fair dealing Woman. Guilty
John Bennett , of St Botolph, Aldgate , was indicted, for stealing one pair of Black Cloth Breeches, Value 10 s. 6 d. the Goods of Pendarvis Keckwick , December 14th .
Samuel Pritchard . I am a Tayler, I had a pair of Black Cloth Breeches sent me to mend by Mr Keckwick, I hung them carelesly over the Shop-Door, and on Tuesday the 14th of December, the Prisoner snatched them off the Door, and run away with them: But having no Shoes on, I did not pursue him: The next Night, I hung a Waistcoat over the Door, to see if I could catch him, fastened a String to it, and nailed it to the Door, and on Saturday Night he came again, took the Waistcoat off the Door, and pulled it as far as he could for the String, so I run after him, and took him. I am sure, he is the Person that took the Breeches; because I saw him very plain, he had a Cap on, as he has now, when he took the Breeches, but when he came for the Waistcoat, he had a Hat on. Guilty, 4 s. 10 d.
James Mills . On the 22d of December, in the Evening, as I was going by the Corner of Somerset-House, I felt the Shoulder of my Coat bear a little tight upon me, so I immediately turned about, and seized the Prisoner, who was quite close to me, and told him he had picked my Pocket, and should go into the next Shop with me, he told me he would not, and desired I would let him go; - there was another Person at a little Distance, who seemed to me to be of the same Complexion with this Gentleman, and knowing that they go in Gangs, I was afraid of being attacked by them, so I got him by Force into the Shop: Mr Blakey, who was passing by that Time, told me the Handkerchief was between his Feet, I stopped down and took it up; there was no Person near me who could possibly pick my Pocket, but the Prisoner: I am sure he is the Person, I know him perfectly well, I did not see him take it out of my Pocket.
Mr Blakey. On the 22d of December, about seven in the Evening, I was going by Somerset-House, and heard a Gentleman say, the Fellow has pick'd my Pocket. I said, Sir, secure him, and I will take care no body shall come behind you to assault you. There was a Handkerchief lying upon the Ground just by the Prisoner's Feet, said I, Sir, is that your Handkerchief, he said it was, and I think Mr Mills took it up himself, he carried the Prisoner into a Hosier's-Shop, by Somerset House ; and he was afraid of being insulted by others of the Gang, so sent for a Guard from Somerset-House, who carried the Prisoner before Justice Frasier. - The Handkerchief lay very near him, and there was nobody else near, who could possibly take it. - There was another Fellow about two or three Yards from him, who I suspected to belong to the Gang.
Ann Sullivan , Phoebe Johnson , Robert Harrison , and Sarah Burt , said, they had known the Prisoner several Years; that he serv'd his Time to his Father, a Comb-maker ; and was a hard-working, honest Fellow. Guilty 10 d.
69, 70. + Mary Spencer and Mary Beecher , of St Giles in the Fields , were indicted for stealing twelve Pair of Worsted Stockings, Value 20 s. the Goods of Thomas Fryer , in his Shop , January the 7th .
John Angelo . The two Prisoners and a little Boy came into my Master's Shop on Tuesday the 4th of January, and cheapen'd some Stockings, but did not buy; and on Friday they came again, and I saw the Boy that was with them take one Dozen of Stockings, and go out of the Shop with them; the Boy run away, and seeing me come after him, he dropp'd them at the Door: The Prisoners stood between me and the Boy: They said they wanted some Stockings for themselves; and when they were searched, they had no more Money about them both, than Seven-pence Half-penny. Acquitted .
71. William Miller , of St James, Westminster, was indicted for stealing three Sheets and two Table-Cloths, the Goods of the Right Honourable the Earl of Harrington ; one Sheet, the Property of Lorano Clutterbuck ; two Table-Cloths, the Goods of John Lewis , Gent . and one Table-Cloth , the Property of Rose Eustace , December the 11th .
Rose Eustace. I am a Washer-woman : On the 11th of December I missed this Linnen, and charged the Prisoner with them, and he confessed he took them.
Richard Battman . The Prisoner used to clean Shoes, and run of Errands for Mr Barron, and took an Opportunity of stealing this Snuff-box: He was suspected, and taken up, and owned he took it, and had sold it; the People he sold it to, took it to be Pinchbeck Mettle; they brought it to Colonel Deveil , and he owned the taking of it before him. [There was a Certificate * produced, under the Hands of the Minister and Church-Wardens of the Parish of St George, Hanover-Square, dated the 22d of February, 1730, certifying, that Thomas Broxton was baptiz'd there that Day.] Guilty .
* An Infant, infra AEtatem Infantiae, viz. Seven Years old, cannot be guilty of Felony, whatever Circumstances, proving Discretion, may appear. If he be above Seven Years old, and under Twelve Years, and commit a Felony, in this Case, prima facie, he is to be adjudged not guilty, because he is supposed not of Discretion to judge between Good and Evil; yet if it appear by strong and pregnant Evidence and Circumstances, that he had Discretion to judge between Good and Evil, Judgement of Death may be given against him. - At Abingdon Assizes , 1629, John Dean , an Infant, between E ight and Nine Years, was indicted, arraigned, and found guilty of burning two Barns in the Town of Windsor; and it appearing upon Examination, that he had Malice, Revenge, Craft, and Cunning, he had Judgment to be hang'd, and was bang'd accordingly.
The Jury recommended him to the Court for corporal Punishment; but the Court was of Opinion, that it was doing the Boy a great Piece of Service to send him abroad .
John Saltwell . On the 24th of December I was robbed of the Goods mentioned in the Indictment, out of my House in Hoxton-Square; two of the Shirts were found at Mr Harris's, a Pawnbroker's, the Hat and Waistcoat at Mr Hayley's, who had stopped them, and the other two Shirts and the Spoon were sold out-right.
Samuel Hayley . On the 24th of December, George Spurham came to my House, with this Hat on, and offer'd it to sell, and said he found it in the Fields, but would not tell me where; Hudson stood behind him, and I heard him say, he wish'd he had never seen Spurham ; that he had brought him into a premunire, for he had robbed somebody in Hoxton-Square. They both ran away together, and left the Things behind them: They were both taken, and Mr Saltwell owned them before the Justice.
Spurham. Hudson is clear, he knew nothing of it.
Ann Saltwell . On the 24th of December I was in my Kitchen, and heard the Door crack; I went out to see what was the Matter, and saw the Prisoner Spurham upon the Stairs, with a Hand-Basket in his Hand; and as he was going out at the Door. I asked him what he did there; he said, D - n you, you Bitch, what did you disturb me for; I was asleep upon the Stairs. He went out of the House, I after him, and saw Hudson and another Man with him, and they all three run away together. I did not miss the Things till the Evening: I had no Mistrust that the Man had robb'd me.
William Baker . They both confessed the having the Things before Justice Poulson; the Confession was taken in Writing, but they did not care to sign it. George Spurham confessed he stole them, and that Hudson had Part of the Money.
Barbara Watson . On the 24th of December, the Prisoner Hudson brought me these two Shirts, upon which I lent him 3 s. 6 d. supposing them to be his own, and delivered them to Mr Saltwell the Owner. Spurham said he found these Things in the Fields, covered with Weeds; and Hudson said, all he knew of the Matter was, that Spurham desired him to pawn two Shirts for him, that he pawned them for 3 s. 6 d. and gave Spurham the Money. Both Guilty .
William Blackwell . On Christmas-Day in the Morning, between the Hours of Twelve and One, I was going Home to Bruton-Street; I had been at Smithfield to buy a Horse, and just by the New-Church in the Strand, there was a Woman standing; I asked her what she stood there for at that Time o'Night; with that a Soldier came up to me, andCatherine-street ; two of them laid hold of me, one by one Arm, and the other by the other Arm; one of them asked me, if I would not give them a Pot; I said, yes, if they would go my Way. Then they all three wanted to lead me down the Street again, (this was a little Way down Catherine-street.) I told them I would not go that Way, so I turned away from them; they whisper'd, and turned to me again; almost against Bridges-street , Bland laid hold of me round the Shoulder, and another took my Hat off my Head, but I cannot be sure who did it; then two Gentlemen came up, upon which I laid fast hold of Bland, called out Watch, and carried him to the Watch-House, and next Day before Justice Deveil. I am sure Bland is the Man that laid hold of me, because I did not let him go out of my Hand, till he was secured by the Watch. I think the Prisoner Brand is the Man who took my Hat off.
John Bland . On Christmas Eve, about twelve o'Clock, I met the Prosecutor and the Prisoner, William Brand , together, by the Royal-Oak Alehouse in the Strand; and at the End of a Street over against Somerset-House, I heard Brand ask the Gentleman to go and be a Penny towards a Pot of Beer; he said he did not care if he did, or Three Half-pence, provided they would go his Way. When we got against Exeter-street End, I laid my Hand upon his Shoulder, (I did not hold him fast) and William Brand came behind him, and took his Hat off his Head, and run away with it, and then the Gentleman laid hold of me. I believe Fennell was forty Yards off at that Time.
Q. Had you concerted any Scheme that Night to go about any such Thing?
John Bland . No, I never thought of any such Thing; and I believe neither of the Prisoners. - I believe Fennell did not know any Thing of my Design of laying hold of the Gentleman. Brand owned he took the Hat off the Gentleman's Head before the Justice. - There was no Whispering when the Gentleman parted from us the first Time.
Samuel Huggins , Constable. On Christmas-Day in the Morning, between Twelve and One, I was sent for, and charged with Bland, for robbing Mr Blackwell of his Hat, and next Morning took him before the Justice, who committed him, and ordered me to go to the Colonel of the Guard, and demand the two-Prisoners whom Bland had discovered as being in company with him: And Brand owned before the Justice, that he took the Gentleman's Hat off his Head, and that it was in the Savoy Barracks. Serj. Temple was sent for, and the Hat was found there. This is the Hat (it was owned by Mr Blackwell) As I was carrying them in a Coach to Newgate, Fennell said, that Bland did propose to them both, to take his Hat off, as he said, to get them a Drink. - As near as I can remember, these were the Words; Let us go and take the Gentleman's Hat off, to give us a Drink.
John Forbes , the Beadle. On Christmas-Day in the Morning, Bland was charged by Mr Blackwell for robbing him of his Hat; and said, that he laid hold of his Shoulder, while another took his Hat. Bland begged Pardon, and said. he would make a Discovery of his Accomplices, which he did before Col. Deveil , and confirmed the Evidence of the Constable.
Edmund Murrel . I am a Watchman in Bridges-Street, and hearing Mr. Blackwell call out, Watch, I came running up as fast as I could. When I came up, I found Mr. Blackwell have fast hold of Bland; upon which we carried him to the Round-house. He made a Discovery of the other two. I was present when they were brought before Col. Deveil : And Brand owned he took the Hat off the Gentleman's Head. Fennell did not own any thing.
Col. Duroy . Brand has been about nine Months entered in my Company, in the First Regiment of Foot Guards: From that time to this, he has done his Duty, as a Soldier, well. I never had any reason to suspect his Honesty. He is a young Lad about 19 Years of Age; and I hope, if he is favoured that he will take warning by this. Ever since he has been in my Company, he has been in the Barracks in the Savoy; and by that I have a better Opportunity of knowing a Man's Behaviour than out of them. They are not confined all Night there. He was present when the Roll was called over, but he might go out afterwards. Fennell has behaved well ever since he listed , which was in April; and I believe him to be as honest a Man as lives: Extremely so; a quite sober honest Fellow.
Serj. W. Temple. Both the Prisoners always behaved very well, ever since they listed, which I think was in March last; and I never had any suspicion of Rognery or Villainy in either of them. I carried them before Col. Deveil . Fennell cried, and declared he was as innocent as the Child unborn. - I believe they are as honest Men as live.
Edw Raymond , Corporal. I have known Brand ever since May last. The Man always behaved extremely well; and I never heard any thing amiss of him: And Fennell the same. They both belong to the Company that I do.
Elisha Turner , Serjeant. I have known Brand about nine Months, and the other about eight Months. Brand has been in my Apartment, where he has been entrusted with Things of great Value. I never mistrusted him, nor ever missed any thing.
John Davis . I was with Fennell, Brand and Bland, Russel and Bryan, on Christmas-Eve, till between ten and eleven o'Clock. Russel, Bryan, and I, set out first to go home. Fennell came home soon after us. Fennell's Name was called after I came to the Savoy . Brand lay with me. I went to Bed at 11 o'Clock, and he went to Bed with me. I cannot say whether he went out afterwards. - He was in Bed with me when I waked the next Morning. -
Prisoner. I lay with him 'till such time I got ready for Guard.
Mr Cramphorne . Brand came of very honest Parents. He lived as a Servant with me three Quarters of a Year, last March was twelvemonth, and behaved always very honestly. I never heard any other of him. He was a drunken silly Fellow to be led into this Scrape.
Mr Blackwell being asked, whether he was afraid [a Circumstance requisite to make it a Robbery] when one laid hold of one Arm, and the other of the other Arm: he could not say he was much afraid then, but was more so when one of them laid his Arm over his Shoulder. Brand guilty , Death . Fennell acquitted .
77. + Ann Duck was indicted, with another Person to the Jurors unknown, for assaulting William Cooper on the Highway, putting him in fear, and taking from him a Money-bag, Value 1 d. and 35 s. in Money , his Property, Dec. 28 .
William Cooper . Dec. 28th. As I was going into Shoe-Lane , to look after my Waggon, I met the Prisoner in Eagle and Child Alley , between Shoe-Lane and the New-Market. She laid hold of me, and cried out for Nan, Nan came in a Minute. - Not this Nan Duck . There were two Nans. Then they both laid hold of me, the Prisoner with her Right-Hand , and the other with her Left. The Prisoner had one Arm round me, and dived with the other into the left Pocket of my Breeches; and she pulled my Shirt out before she got to my Pocket. Then they both cried out for George, but George did not come. I cried out Murder, but no Soul came. - When she found my Shirt was not a Bag, she put her Hand into my Breeches Pocket, and took hold of the Bag. There was in the Bag 35 s. She got the Bag out. I got hold of the Bag as well as she: But she had got hold of the Money part. She gave it a Jerk out of my Hand, and gave it to the other Woman, and she run away with it. Then I takes fast hold of her. God gave me more Strength then, I think, than I have had for some Years. She cried out for George ; but, thank God, George did not come. I cried out, Murder, and dragged her quite down the Alley. And just at the end of the Alley stood three Men. I said to them, Gentlemen , I am robbed by this Creature, and beg your Assistance to help me to the White-Swan-Inn at Holbourn-Bridge, where my Horses were. Two of them would not. They asked, what I would give them. I told them, I would give them what Drink they would; but as to Money, I had none. One of them said, he would take the Country Man's Part, and he went along with me; I never let go my hold of the Prisoner, 'till I came to the Tap-house at the Swan ; and there I gave him part of two Pints of Beer. I thanked him, and craved his Name. But he said, he dared not tell it me, for he should be knocked on the Head by her Bullies if he should. She was that Night carried to the Counter: And next Morning, when she came before my Lord Mayor, she said I was suddled, and that my Shirt hung out of my Breeches; and that I took her up without any Reason. - My Pocket was then buttoned up, as it is now, that one would have thought it impossible for her to have got her Hand into it. - I looked in the Bag two or three Days before, and the Money was in then. I have had no Occasion to open it since, and I am sure the Money was in it. - I always lay my Breeches under my Pillow, so that no body could get to it. - I am sure the Bag was in my Pocket when she came up to me. - The Man that assisted me said, he lived in White Fryars . I enquired at 20 Houses, and could not find him.
Prisoner. The Man came running down the Alley with his Shirt out, and said he was robb'd ; says he to me, you are the Woman that robb'd me, for I can find no Body else. I did not touch the Man.
Sarah Basset . I went down into the New Market on Tuesday after Christmas-Day, to buy my Husband something for Supper, and I saw that old Gentleman come and pull the Prisoner up Eagle and Child Alley, in a very indecent; Manner; his Breeches
Ann Phillips . That old Gentleman was in Eagle and Child Alley the Tuesday in Christmas Week, with two other Women. - Both fair Women; one in a Cloak, and the other without: (I keep a House, or my Husband does, in Eagle and Child Alley, next Door to Mr Pauley's, an Alehouse-keeper, at the Sign of the Three Compasses.) They were first under the Lamp; and as the People came down, the Women mov'd backward and forward, and the old Gentleman stood with his Back to the Corner: I only speak this to show that there were two Women with him, and his Shirt hung a little indecently out of his Breeches; I had no Business to see what they were doing of, because it was immodest: I had a Candle in my Hand at my own Gate, and I had a thorough Sight of the Women, and I heard somebody say, Do not murder your Wife. Said he, G - d d - n her, I do not murder her. - You, honest Man! can you deny these Words?
Cooper. Yes, I can; I am sure I never said so.
Phillips. Did not you ask me to help you?
Cooper. Why did not you help me then?
Phillips. Then the Mob cried, What's the Matter, honest Man? And he said, I am robb'd! I am robb'd! I will give you a Gallon of Beer to take her away to some Place; where he said, I cannot tell. - The Woman he was pulling up the Alley was a black Woman. - There were abundance of People, black-guard Boys and Girls: Her Arm looked very big, as if it was swell'd.
Q. to Cooper. Did you see this Woman in Eagle and Child Alley that Night?
Cooper. No, I wish this Hand may rot off if! did.
Ann Judge . I have kept a House sixteen Years , and have trusted her in my Shop with all I had , and she never wrong'd me of a Penny; I have known her from a Child; her Father was a Black Man , and used to teach Gentlemen to Fence. - I cannot tell how long she has been from her Father and Mother. - I believe I have not seen her this Year or two, - and by what I know of her, I would trust her again with any Thing.
James Townsend . I am Church-Warden of St Sepulchre's , and at that Time I was obliged to be Church-Warden, Constable, Beadle, Watchman, and all; she came into the Watch-House indeed with her Arm bound up, that is true.
Cooper. I am sure I never hurt her Arm.
Townsend. I do not believe you did. - It was bound up from the Elbow to the Wrist; she said to the Prosecutor, how could I clasp you with both Arms, when I am a Cripple with one. - She did offer to have her Arm unbound, but I did not do it. - She did not give any Account what was the Reason of its being bound up. - The People at the Watch-House thought it was bound on Purpose to deceive them. I do not believe there was any great Matter of a Wound.
Prisoner. Doctor Lee gives me Stuff for it now: and when I was before the Lord-Mayor, I could not stir Hand nor Finger.
Charles Pickfat . I live upon Holbourn-Hill , I have lived there all my Life Time; and our Neighbourhood is become now so notorious, that we have more Thieves between our Parts and Deputy Nash's , than in any Part of the Town: The Prisoner at the Bar I know to be a common Street-Walker, and has been so a great many Years. - Plying between my House and Fetter-Lane, decoying and seducing Mankind.
Joshua Smith . I kept a Publick-House a little while ago, and Mrs Phillips, the Witness, who lives next Door to the Three Compasses in Eagle and Child Alley, and her Husband, frequented my House, and I never saw any Ill by them; but I have heard a bad Character since: As to the Prisoner at the Bar, her Character is very vile, as bad as can
Benjamin Fido . On Monday the 27th of December, between the Hours of four and five at Night, I was going into the Choir, and heard somebody call Mr Fido; I went to see what was the Matter, and saw Robert Hillier have hold of the Prisoner with one Hand, and this Common-Prayer Book in the other: I carried her before Justice Manley. - She did not own, or deny it; she said, she could not tell what was in her to do it, she thought she was out of her Senses. - It belongs to the Dean and Chapter of Westminster; I saw it on the Dean's Cushion about five Minutes before. - I am Verger to the Dean and Chapter.
Robert Hillier . On the 27th of December, between four and five o'Clock, after the Candles were put out, I was standing at the Choir Door, waiting for Mr Fido; the Prisoner wanted to come by me; seeing something in her Apron that looked like a Book, I asked her what she had got in her Apron; she said, nothing belonging to me: Said I, let me see what you have; she was unwilling I should, so I took this Book out of her Apron. I believe she was in real Want, for she said, she came out of the Workhouse but a very little before. Guilty .
79. Mary Lowe was indicted for stealing one Common-Prayer-Book, the Property of Isaac Johnson ; on e Common-Prayer-Book, the Property of Mary Reeve ; and one Common-Prayer-Book , the Property of Thomas Jones , Jan. 3 .
Isaac Johnson . I had a Common-Prayer-Book for my Wife, and it being too large for a Pocket, I committed it to the Care of the Pew-Opener, and she had put it into the Church-Warden's Pew, and it was lost.
Bridget Bingley . I am an Assistant to the Pew-Opener of St Clement Danes. - I am Pew-Cleaner or Pew-Opener ; I am but a Servant of Servants; I was entrusted with these three Books, Mr Johnson's, Mrs Reeve's , and Mr Jones's; the Names were in the Books, but they are torn out, except Mrs Reeve's: I am very sure I put them into the Cupboard in the Church-Warden's Pew. Mrs Reeve's sent for me, and I went before Justice Deveil, and I said the same there as I do now: I do not know the Prisoner, but I know I lost these three Books. She owned before the Justice that she took three Books, two of them were found upon her; she owned she sold one of them for eight Pence, and another she sold for a Shilling: And when she came to sell the other, the Woman stopped her. This is Mr Johnson's: This is Mrs Reeves's: This is Mr Jones's. I know them very well, I have had them so often in my Hands.
Mary Reeve . On Tuesday the 4th of January in the Evening, I heard my Common-Prayer Book was stopped by Mrs Wood. my Name being in it, and they could not take the Name out without making the Book imperfect. I went before Justice Deveil in the Morning; and the Prisoner owned she took three Books out * of the Church, and that this was one of them: This is my Book.
* Stealing any Thing out of a Church, is a capital Offence; but the Prosecutors in this, and the former Trial, had so much Compassion on the Prisoners, as not to make that Part of the Charge; which if they had, these poor Wretches must have received Sentence of Death.
Elizabeth Wood . I live in Turn-slile-Alley, by Long-Acre. (I deal in Goods, I do not deal in Books) On Tuesday the 4th of this Month, the Prisoner brought this Book to me, which is Mr Johnson's; she asked 18 d. for it, and I gave her a Shilling; then she brought this Book to me, Mrs Reeve's: I saw Mrs Reeve's Name in it in two Places, and therefore I thought proper to send for a Constable, and delivered her to the Constable, and both the Books. She own'd she took them out of the Church, and that she lay there all Night. Guilty 10 d.
Mary Hurst . On the 29th of December Tobias Isaacs and William Waters broke open the Door of a little Room my Husband has in Newgate, and brought Jack Friday along with them; they said they would null him if he did not come; says my Husband, For God Almighty's Sake, Gentlemen, what do you want? Says Isaac, I will tell you what I want; so he gave him a Push against the Wall, and took his Breeches from under his Head, and gave them to Waters; there were two Six pences, and Twelve-pence Three-farthings in Brass , which was all the Substance we had then in the World. I
Waters. Was nobody else in the Room?
Isaacs. I hope, as it is a Prison-Affair, the Court will give Leave to bring down some of the Prisoners of our Ward; for we cannot defend ourselves, but by Prisoners. This is only a prompt-up Prosecution upon the Account of a Quarrel. We are inform'd, Hurst is to have a Guinea for this Prosecution.
Hurst. I am not promis'd any Money, or so much as a Glass of Wine, or a Drink of Beer.
Edward Hurst . On the 29th of December, when I went to Bed, I had two Six-pences in Silver, and Twelve-pence Three-farthings in Brass, but Copper is the proper Name, I believe. I clapp'd a Pad. lock upon the Door when I went to Bed, because the Prisoners have told me, if I had but a Shilling in the World, they would have it from me; but I happened to be worth two Shillings then: They said they would have Ned Hurst 's Prime, that is the Expression they made use of: When I was asleep, I believe I had slept about half an Hour, some People came to the Door; my Wife waked me, and before they got in I was quite awake: The two Prisoners at the Bar came in; said I, What do you want? Says Isaacs, You Dog, I will tell you what I want; so he push'd me against the Wall, and took my Breeches from under my Head, and gave them to Waters, and he took the Money out, for I saw Water's Hand in my Pocket, and he took out a Handful of Copper; and my Wife laid hold of the Breeches, and he said, D - n you, you Bitch, let go, or I will make you; and he stuck her in the Hand, either with a Penknife or the Point of a Sword, I cannot tell which: Gentlemen, said I, you will repent this I doubt. G - d d - n you, you black-guard Dog, says he, if you speak another Word, I will stick you to the Heart; or if you ever speak of it, and I hear of it again. He then threw the Breeches into the Room, but there was not any Thing in them.
Isaacs . Did you make mention of any thing of this till there was a Quarrel between me and one of the Partners?
Edward Hurst . Yes I did, I spoke of it to the Keeper; and a Day or two afterwards I wrote to Mr Akerman about it. - Jack Friday came in, but he did not meddle or make with any Thing: He came in because they threatned to null him, that is, beat him, if he did not come in. - There was Margaret Girdler in the Room, she lay upon another Bed in the same Room, because they did not agree in the Women's Ward.
Isaacs. Is there a Hasp to the Door?
Q. Had you any Complaint made to you relating to the Prisoners?
Akerman. I do remember something of Mrs Hurst's complaining to me of her Husband's being ill us'd; I think I had a Letter about it. - I believe it is about three Weeks ago; Mr Bold and I had them down about it, and put them into the Cells upon this Complaint, and that of other Prisoners whom they had used ill, as a Punishment for their Offences.
Isaacs. Was I not confined in the Cells where the Criminals are consined? And was I not there ten Days?
Akerman. Yes, I believe it was about ten Days.
Isaacs. I was there eight Days before I had a Hearing.
Q. Has the Room, that Hurst lies in, a Lock?
Akerman. I do not know whether it has now or not; I know it used to have a Hasp, Staples, and Padlock. It is what we call a Duce-Room, for Persons who are brought from one Goal to another.
Isaacs. There has not been a Staple to the Door this Year and half.
John Friday . On the 29th of December, Isaacs , Waters, and I, went into Ned Hurst 's Room together; as soon as they got in, Isaacs took the Breeches from under Hurst's Head, and Waters took the Money out of them. When I came into my own Ward, Waters told the Money, and there was 11 d. in Half-pence, and for that we had two Pots of Gin and Small-Beer. - I thought the Door stood upon the jar - I did not see any Hurt done to Mrs
Margaret Girdler . On the 29th of December I lay in Hurst's Room. I was undressed, and she was almost undressed. The Prisoners came to the Door, and were half an Hour, or three quarters, striving to open it with a Poker. The Door had a Hasp, and was fastened with a Pad-lock. The first Man that came in was Isaacs, and the next Waters. Friday came no farther than the Door. Says Isaacs, Let us see what Prime Hurst has got: And he took from under his Head a Pair of Leather Breeches, and gave them to Waters, and he blew out the Candle, and took the Money out. - I did not see the Money in his Hand, but I saw his Hand in his Pocket; he stabbed Mrs Hurst in the Hand with a Knife. -
Isaacs. How could you see what was doing there, when you must go the length of the Hall to get a Candle?
Mary Delabrown . I heard Isaacs desire Friday to go with him into Ned Hurst 's Room, and see what Prime he had got. Friday was very drunk, and did not care to go. And the Prisoners said, he should go with them. They would null him if he did not. I know no more of it.
Isaacs . Was there any thing to fix a Pad lock to?
Isaacs. I would sooner give than take from any body.
Butterworth . Isaacs has behaved very well, for what I know. - He always used me with good Manners. I know nothing of this Affair.
Mary Burton . On the 27th of December I went to open my Bureau, which stands in the Kitchin, and found it unlocked. The Prisoner was my Servant, and was by me at that Time. I told her I missed some Money. There was a Piece of the Walnut-Tree broke off, and some Rust upon the Place where it was forced open. She said, she knew nothing of it. But after some Time said, If I must tell you, I left the Street-Door open last Night, and found it unlocked this Morning. I told her, That must be a Story; for I heard her bar it at Night, and unbar it in the Morning. I told her, I would send for a Constable: And then she said, If I must tell you the Truth, I am married. - My Husband lay with me that Night; and he had a Friend who sat up in the Kitchin all Night by the Fire, and she was afraid he had taken it. She told me, she knew nothing of the opening it: But, if I pleased, she would go with the Constable to the Place where these Fellows were, and would get them apprehended. And she, with the Constable, went to the Thatched-House , by Temple-Bar. When they came back again, she said she could not find them, and believed they were gone to work at Deptford . She said, she was sure her Husband had not taken it. Acquitted .
Pendrice. She lodges with me, I found these Buttons upon her, she pulled them out of her Bosom, and owned she took them.
Prisoner. I found them in a Piece of brown Paper upon the Stairs. Guilty, 10 d.
John Vanhoorn . On the 11th of this Month, at past one o'Clock in the Morning, I was coming from the Bull Inn in Bishopgate-Street , and a Boy lighting me. About three or four Houses from the Bull, the Prisoner russled against me, and I felt a Hand at my left Side-Pocket. What, said I, do you rob me, you Thief ? The Boy who was lighting me said, Sir, he has taken your Handkerchief out of your Pocket. Upon which I took hold of his Coat, called the Watch, and secured him, - I am sure he is the Man.
John Taylor . As I was lighting Mr Vanboorn along, the Prisoner picked his Pocket of a white Handerchief. - I was at the Side of Mr Vanboorn , and saw him do it. He came with a sort of a Sweep behind him.
George Norman . I keep the Bull Inn in Bishopsgate-street . I lighted this Gentleman to my Gate between one and two. I saw the Prisoner run against him, and heard Mr Vanboorn say, he had his Pocket picked. I am sure the Prisoner is the Man.
Prisoner. I was near the Gentleman, and he asked me if I had a mind to pick his Pocket; and I said, I did not pick Pockets any more than he did. He said, he had a good mind to charge the Watch with me. I told him, he might, if he would; I would not run away: And he did charge the Watch with me.
Mary Cathery . I live at the Red Horse in Old-Bond Street. I keep an Inn, and let out Horses. The Prisoner has lived with me as a weekly Servant , on and off, four Years, and has the Character of a very honest Fellow. He had been at the Bell in Wood street that Night about a Job to Bristol. The poor Fellow has the Misfortune of being almost blind.
W. Lemmon. I have known the Prisoner these six Years: He was my Lord Duncannon's Groom: He had a Humour fell into his Eyes, occasioned by a Fall from his Horse, that he is almost blind. He can hardly see your Lordship. - He goes down into the Country with People as a Guide. He has the Character of a very honest Man; and those that know him, would trust him with any thing.
James Neale , and - Macdonald say, they have known him three or four Years. That he was fellow Servant with them at Lord Duncannon's; that he behaved very honestly there, and never heard any thing amiss of him.
85, 86, 87, 88 + John Tigh of Chatham , in the County of Kent , Coachman ; Samuel Hebert , of London , Gentleman ; Richard Phillips of St George's, in the County of Middlesex , Peruke-maker , and John Adams of Southwark , Pawn-broker ; were indicted, for that they, together with John Jacobs and Richard Shearsmith , not taken, after the 24th Day of June 1736, to wit, on the 13th of May, in the fifteenth Year of His Majesty's Reign , in the Parish of St Margaret, Westminster , in the County of Middlesex , did forge and counterfeit, or caused to be forged and counterfeited, and did willingly act and assist in forging and counterfeiting a certain Instrument, partly printed and partly written, and sealed, purporting to be a general Release, with the Name of George Frogget thereunto subscribed, with an Intent to defraud the said George Frogget of Chatham , in the County of Kent, Ship-wright. And the Indictment farther sets forth, that they did utter and publish the same, knowing it to be false, forged, and counterfeited .
Samuel Clark , Esq; Secondary of the Court of King's Bench. This (the general Release) was produced in the Court of King's Bench, the Court had a Suspicion of it, and gave it into my Hand. - I marked it myself, and have kept it ever since. I think Herbert and Tigh both attended there.
Herbert. I ask you, Mr Clark, Whether, upon taxing the Costs, Mr Stokes did not appear? And whether I did not act as Assistant to him?
Mr Clark. I do not know that Stokes was there. - I think you was there then.
Edward Owen . Mr Tigh produced this in the Court of King's Bench. He delivered it to my Lord Chief-Justice in Court, who delivered it to Mr Clark. - Herbert was not in Court that I saw. Mr Herbert frequently told me, that the filling-up was his Hand-writing.
The Paper was then read, and appeared to be a General Release from George Frogget of Chatham , in the County of Kent, Ship-wright, to John Tigh of Chatham , in the said County of Kent, Victualler , and Eleanor his Wife. Dated the 13th Day of May, 1742. - Signed George Frogget ,
Owen. Mr Stokes declared he would not appear , and Mr Herbert appeared at all Motions.
Court. You said Herbert was not in Court.
Owen. He was not in Court, he was in the Hall. I saw Adams there once. - I think it was in last Trinity-Term. He did not come into Court; he was upon the Steps just by the Door. - I never saw Phillips before now. - Mr Herbert has said , that since the taxing of the Costs, he was the Attorney , and the only Attorney. This is a Copy of the Record . I examined it in the Treasury.Release , and there was a Motion made in the Court of King's-Bench, to know why this Judgment should not be set aside, on Account of this General Release ; after this was found out to be a Forgery, Mr Frogget and I went into Wapping to enquire for Phillips, and after a long Enquiry, we found him on a Sunday in the Afternoon, I think it was on the 30th of May, shaving at a Barber's in Cable-Street, in Rag-Fair; I knew him before, so I asked him whether he would not go and drink a Mug of Beer, and we went to the Hay field; while we were there, Mr Frogget asked him this Question: Pray where was you on the 13th of May at Night, Phillips said he did not know; says Frogget, was you not at such an Alehouse, naming the Sign, at Fleet-Ditch, Phillips asked why: Says Frogget, you can tell whether you was there or no, and he said he did not know but he might be there; Frogget asked him if he had any Company there, and he said he believed he had; Frogget said, did you see me there, and Phillips replied he did not; then Frogget asked him if he knew him, or had ever seen him, and he said not as he knew of; Look at me again, says Frogget, and see whether you know me or not; (this was in a publick Room, where there was a good Number of People) then says Frogget, how can you be so great a Villain, to swear you saw me receive such a Sum of Money, when you never saw me: Says Phillips, I saw none paid, says Frogget, you have made an Affidavit of it in the Court of King's Bench, it is a surprizing Thing, you should not know me when I have the same Cloths on, and every Thing just the same as I had then; and Phillips said, I will say no more about it, I have sai d too much already. If you want to know more, go to Mr Adams, the Pawnbroken, in Faulcon-Court, in the Borough, and be will inform you of all the Transactions. - There was a Talk of a Paper that he signed, and the People of the House said it was a strange Thing, he should be guilty of such a Thing as to sign such a Paper, when he did not know the Man. On the 13th of May, when we came from the Master's Office, it was so dark that he could not see to do it that Night, so he bid the Attorneys cast it up. Shearsmith was not there, Tigh and Herbert, and Frogget, and Goulder, and one Bladen, and I, went to King's Coffee-House, by White-Fryers-Gateway , and there Herbert cast the Bill up once, and then Goulder , and they gave the Bill to Mr Bladen to cast up, while he was casting up the Bill, Tigh said he had no Money, pulled his Pocket-Book out, and said he had a Draught upon the Bank, but the Person that drew it was dead, and the Bank would not pay it; Herbert says to Goulder, (Frogget's Attorney,) What do you design to do in this Case, you ought not to be over hasty in making out your Judgment against my Client, and he said he could say nothing to it, he must take the Course of the Law, and said he did not know whether he should make out an Execution, or bring an Action upon it; when we came from King's Coffee-House, Frogget . Goulder, and I, went to the Sun-Tavern, in Fleet-street; we drank two half Pints of Wine, and parted at ten o'Clock, Frogget and I came down Fleet-street; the Bill was taxed on the 14th, Tigh said at the Master's Chambers, that he had paid the Debt and Costs, tho' he suffered the Bill to be taxed; Pob, poh , says he, I do not value what you are doing, I have got a Release - I do believe Frogget's Name to the Release is not his hand Writting, I have seen him write several Times.
Herbert. Was Mr Stokes, upon the Taxation, before the Master.
Burnford. He came in, but staid a very little while, and left you to go through the whole Taxation.
Herbert, Tigh was there on the 13th, but he was not on the 14th.
Court. You should be very cautious what you say, when People are trying for their Lives; you said it was on the 14th, and that Tigh said he had got a Release, &c.
Burnford, I thought it was Tigh; I took it to be his Voice. - I heard such Discourse pass, but I will not be positive who said it. - I took it for granted to be him, as they were all standing together. Coun. Are you sure to the Day you went to look for Phillips.
Burnford. It was on the 30th of May.
Q. Where do you live?
Burnford. In Half Moon-Court, on Ludgate Hill .
Q. What do you do for a Livelihood? -
Burnford. I officiate as Clerk to the Persons in the Fleet, and my Character never was impeached on any Thing.
Tigh. He swears I was at the Master's Office on the 14th, and my Attorney says, there was no body there but Mr Goulder, and Herbert; ask him whether he does not find Money to carry on this Prosecution.
Burnford. Upon the Oath that I have taken, I never was one Shilling towards the carrying on the Prosecution.
Tigh. You have acknowledged that you have lent Mr Goulder Money.
Burnford. Yes, I did so in the Office, but I had the Money again.
Mr Goulder. - On the 13th of May I attended the Master for Mr Frogget , at the King's Bench Office ,
Q What passed at King's Coffee-House ?
Goulder. After the Costs were cast up, Mr Tigh put his Hand in his Pocket and pulled out a Piece of Paper, which he said was a Draught on the Bank. That the Gentleman who drew that Draught was dead, and the Bank refused to pay it. - I think he said it was about 20l. - He said he was disappointed of Money, and had not Money to pay the Costs, and I think Mr Herbert asked me what Time I would give him? and I asked Mr Frogget, and he said he would give him no more than the Law would allow him. Herbert said, It will be for your Client's Interest to give him four or five Days. In the Walks I said to Herbert, I did not know whether I should sue out an Execution, or bring an Action of Debt upon the Judgment, and then we parted: Tigh, Herbert and Bladen went towards the Temple Hall ; Frogget, Burnford, and my self, went directly up the King's Bench Walks , through Mitre-Court, to the Sun-Tavern in Fleet street, where we drank two Half-pints of Wine; it was past nine o'Clock when we came from King's Coffee-House ; and when we came out of the Tavern Mr Frogget looked on his Watch, and it was then about ten o'Clock. - There was no Talk of a Release then, and it was almost impossible that he should pull out a Release, when so many People were in Company, without somebody's seeing of it.
Q. What was done on the 14th?
Goulder . On the 14th of May, as I was going down Chancery-Lane, I met Mr Stokes , who wished me Joy of my Client's having received his Money. Said I, I am very much surprised at it. I wonder he did not tell me. Says he, why he has given a General Release . Herbert, Frogget, Burnford , and myself, met at the Master's Office by Appointment; I am not certain whether Tigh was there or not. I told Herbert, that Stokes said Mr Tigh had got a General Release , and Herbert declared he knew nothing of it; and yet this Release is all filled up by him; the very Day of the Month is filled up by him - I had no Discourse with Tigh after that; I always avoided their Company as much as I could; I did not care to go into a Room with them.
Q. Was you in the Court of King's-Bench when the Release was first produced?
Goulder. Yes, I was - Mr Tigh produced it: My Lord Chief Justice asked him where the Release was, and he took it out of his Pocket-Book, and said, Here it is, and it was handed to my Lord. And when the Court said it must be left there, Tigh said, If I leave the Release I have nothing to shew for my Money . Herbert in Court confessed his drawing the Release.
Herbert. When the Bill was cast up at King's Coffe-House , and handed to Mr Bladen to examine, did not he take 20 Shillings off that was miscast?
Goulder. No; to the best of my Knowledge Mr Bladen's casting up agreed with ours.
Edward Owen called again. I know Mr Herbert's Hand writing; I have looked the General Release all over, and I verily believe all the Filling up to be of his Hand-writing: I take the Word Thirteenth to be his Hand-writing, I know it by the Turn of the T.
Richard Sanders . Mr Tigh sent for me (I believe it was about Oct. 20th) to one Abel Cooks in St George's Fields , and told me of his being cast in a Law Suit and that his Goods were likely to be taken in Execution, though he had paid the Money to one Shearsmith , who was dead at Norwich, and he wanted somebody to make an Affidavit that he was dead, and come into Court to justify it; and would have persuaded me to have done it. I told him I took it very much amiss that he should ask me to do such a Thing, and advised him to pay the Costs. This, says I, is a bad Way of proceeding; 'tis Felony without Benefit of Clergy. - I met him afterwards in Westminster-Hall, and asked him what he had done; he said he had taken my Advice.
Prisoner's Defence .Release .
Samuel Herbert . My Lord, as to this General Release , I did not publish it, and am no ways concerned in the Forgery: It appears to your Lordship that it was published by Mr Tigh. What I did was in conjunction with Mr Stokes. And if this can be alledged against me as a criminal Fact, I am sure no Gentlemen of the Law can be safe in what they do, if the filling up a Deed should subject them to a criminal Prosecution. I recommend this to your Lordship's Consideration, and submit myself to the Court.
Eliz. Davenport. I never saw Mr Tigh 'till I went in his Coach from Gravesend to Chatham . I had been to see one Mrs Green in Golden-Square. (I live at Christ's Church, on the other side of the Water, and go a Nurse-keeping and ironing) And as I was returning home, I went to White-Fryers to see for a Boat; and there being ne'er a Boat ready, I went into a Coffee-house for a Glass of Wine. I cannot be positive as to the Day, but it was the middle of May: I saw the Prisoner at the Bar (Tigh) paying down some Money upon the Table, and there was a Man whom they called Shearsmith: I heard him say, For God's sake follow Frogmill, and pay him this Money, for this Law will ruin me. - And I saw that Man go out while I was drinking my Wine.
Q. What was the Man's Name he was to pay the Money to?
Davenport. I cannot tell justly; it was something of - Frog : I saw the Man take up 23 Guineas and some Silver. - I am sure the Man's Name that took the Money was something of Smith; but I think it was Shearsmith . - I did not speak to either of them. - I thought I knew one of them by Sight, and that made me take the more Notice of what they were doing; - and when I had drank my Gill, I went away: I think it was about 10 o'Clock. -
Q. How long is it since you were acquainted that you were to come and give Evidence?
Davenport . I believe it is six or seven Days.
Q. How came you to hear of it?
Davenport. I had been to see Mrs Green, and she asked me, Whether I heard any thing of a Forgery? And hearing Mr Tigh's Name, and that he was in Newgate, says I, I do remember a Coachman I went from Gravesend to Chatham with, whose Name was Tigh. - it was in the News; she takes in the News - then I remembered I saw Mr Tigh at such a Time, and that I saw him pay a Sum of Money. - I had a Subpoena to come.
Q. When was it you heard of this in the News, Was it Summer or Winter?
Davenport. It was since May last. - It was more than a Fortnight. - I believe it is three Weeks. - It may be a Month - or Six Weeks. - About three Weeks ago, I was at Mrs Green's, and told her I saw Mr Tigh pay some Money, and she desired me to go to him in Newgate. When I came to him, he said, Did not I carry you to Chatham? Yes , said I, you did: I was with Mrs Green, and she was telling me of your being here, and desired I would come and do you what Service I could; and he begged , that I would come and speak what I knew of the Affair when he came upon his Trial.
Q. When you were in the Coffee-house, did you say any thing to him, or he to you?
Davenport. Our Acquaintance was so slender, I did not care to speak to him.
Thomas Hulbert . I was down at the Ditch-side on the 13th of May at the Shepherd and Goat; I went in between 10 and 11 at Night, and called for a Pint of Beer: There was that Man Phillips, and one Jacobs sitting at a Table; and Jacobs asked me, whether I would drink with them: I told them, I had called for a Pint of Beer, that it was late, and I should soon go home. I sat down over-against the Fire-place, by the end of the Boxes; and I saw two Gentlemen come in: Said one of them, Mr Frogget. why want you take the Money Mr Tigh has ordered me to pay you? Said Frogget, I will take the Money now, if you will pay it. And the other said, I will pay it now. And he put his Hand in his Pocket, and pulled out a Parcel of Gold and some Silver, and a Piece of stamped Paper: Then he called for that Man ( Phillips ) and one Jacobs, to come and witness it: Then Frogget wrote his Name; then Phillips he wrote his Name: And then the Gentleman asked Jacobs to write his Name; and Jacobs said, he could not write, so he made his Mark: After he had made his Mark, the Gentleman put a couple of Dots, and wrote his Name. - Jacob's Name: and then Mr Frogget took off the Seal, and delivered this Paper to the Gentleman as his Act and Deed.
Court. Call for Frogget; look at him; Is that the Man?
Hulbert. That is the Man: I am sure that is the Man . - I have known Phillips and Jacobs a great many Years.
Q. What sort of a Man was this Gentleman you speak of?
Hulbert. A tall, pale Man, pitted with the Small-pox.
Q. Had he his own Hair, or a Peruke?
Hulbert. He had a Peruke. - I do not know what Clothes he had on.
Coun. You were in a Hurry to go home; so
Hulbert. They did not stay above a Quarter of an Hour.
Coun. You are very particular; you remember the very Dots. Hulbert. Yes, I do.
Coun. What sort of a Mark did Jacobs make?
Hulbert. It was a Cross, and I think there are two Dots on one Side, and two on the other. - Phillips wrote his own Name.
Coun. Who signed first?
Hulbert. Frogget signed first, after him Phillips, and then Jacobs made his Mark.
Coun. Was the Seal Wax or Wafer ?
Hulbert. It was Wax. - I do not know who put it on. - I keep House in Bell-Alley in Golden-Lane. - I am a Leather-Seller by Trade. - I work for myself. - I never saw Tigh in my Life.
Coun. Where have you been ever since this Paper was executed? Hulbert. At home.
Coun. Did not you make an Affidavit of this in the Court of King's-Bench, when it was so much controverted there?
Hulbert. I never was in the Court of King's-Bench in my Life. - They came to me about a Fortnight ago; never before that.
Coun Who wrote the Name of the Person that was to execute it?
Hulbert. What Name? Frogget's Name?
Coun. Yes. Hulbert. Frogget himself.
Coun. How is it spell'd?
Hulbert. I cannot spell. - I cannot read any Person's Name but my own, if you would give me a thousand Pound.
Coun. Then how can you say the Name of Jacob's was wrote there, if you cannot read Writing at all?
Hulbert. Well, if I cannot read Writing, I saw it wrote.
Coun. Then how can you be sure it was Jacob's Name?
Hulbert. By seeing him write it.
Coun. Look on that: See whether it is his Writing.
Hulbert. If I was to be hanged, I cannot make out any body's Name but my own.
Coun. You know Jacobs, When did you see him?
Hulbert. I saw Jacobs about a Fortnight ago at my own House.
Coun. How came you to be so particular as to the Day you met the People?
Hulbert. I remember the Day very well, because the 13th of May was my Wife's Birth-day.
Coun. How came you to attend so closely to what was done?
Hulbert. Why, if a Man is sitting at a Table where any thing is doing, he must see what is done, unless he was blind.
Coun. Did you look over it as they were writing, so as to know what it was.
Hulbert. I look'd upon it, as I do upon that now, [a Paper in the Hand of a Person near him,] but I cannot read that if you would give me a million of Money.
Count. How much Money was there paid?
Hulbert. I think there was about 16 or 18 Guineas, and about 30 Shillings in Silver.
Frogget. I desire he may be asked whether I wrote my Name at Length, or in Short.
Hulbert. I cannot tell.
John Bladen . On the 13th or 14th of March after the Bill was taxed at the Master's, Mr Goulder offered the Bill to me, to look it over, at King's-Coffee-House , and there was a Mistake of 20s. and I set it to rights. - I never saw such a Person as Shearsmith. [The General Release shewed him]
Coun. Is that Mr Frogget's Hand-writing.
Bladen. I have not seen Mr Frogget's writing often; it has a Simile of his Writing. - I cannot say it is not his Hand-writing.
Coun. Cannot you say, whether you believe it to be his Hand-writing, or not?
Bladen. I shall say no otherwise than I have said.
Mr Curtis. I am a Brewer at Rochester, Mr Tigh rents a Publick-House of me, I serve him with Beer, and have taken considerable Sums of Money of him. - I always found him to be a very honest fair dealing Man. [Mr Curtis being asked as to his general Character, said he has heard a great many People say good Things of him, and a great many People indifferent Things.]
Wm Haines. I live at Deptford, I never heard his Character called in Question in my Life.
Samuel Bates , William Moss , Robert West , Henry Beeke , and John Wright , had all known Tigh several Years, say he has been always just to them; and as to his general Character, say, some speak well, and some ill of him.
Mr Bragg. Mr. Herbert has done Business for me 9 or 10 Years; he always had a good Character, he lodged in my House 12 Months; I am a
Herbert. Speak as to my general Character.
Skeen . Really I never heard any body give him a bad Character.
Mungo Martin. I have known Herbert 9 or 10 Years; I have trusted him in some Affairs for me, and he always behaved honestly, I never heard any Body give him a bad Character.
It having been said by the Witness Hulbert, that the Man that paid Mr. Frogget the Money was a tall Pockfretten Man, Mr. Bridock was produced to give a Description of him.
Elihu Bridock. I knew Richard Shearsmith , in 1738. when he was Clerk to Mr Stokes; he is a short thin Man, shorter than I am by near three Inches, and I am not 5 Foot 9 Inches, he is a smoothfac'd Man, about 28 Years of Age; I do not know that ever I observed a Pock-hole in his Face, o r any Thing like it, he is of a sort of a brown or fallow Complexion.
Counc. Do you know that this is the Shearsmith they are speaking of?
Bridock. It is the very same Man, he is living - I saw him the 10th Day of November last, I am very well satisfied that he is alive now: I believe there is a Person in Court, who has seen him within these 14 Days.
Tigh. Mr West, did not Mr Frogget declare that Mr Shearsmith is alive, and that he has kept him up these 30 Days, and borrowed Money to pay for his Keeping?
Robert West . (call'd again) I lay at the Cock, in Love-Lane, last Night; and Mr Frogget there said, he had had Mr Shearsmith in Keeping, 30 Days for a Witness, that he was in his Custody, and could bring him into Court; and that he borrowed Money to pay for the keeping of him.
Tigh . I believe he keeps him out of the way on purpose, to make a sacrifice of me.
Frogget . I did say, that I believed my Friends knew where he was, that they had acquainted me he was living, and had been with them; and that he would come into Court, if your Lordship would be pleased to admit him an Evidence against the Prisoners at the Bar.
Q. Did he say that he, or that his Friends, had him in Custody?
West. He said he had him in his Custody.
Frogget. I never saw him, I said my Friends told me so.
Christopher Searle . Mr Frogget , to the best of my Remembrance, said, that he never saw him in his Life, and did not know him, but believed he was pretty sure of finding him, and that he should be obliged to be at some Expence if he was produced.
Pris. Council. Mr Goulder , Do not you know that Shearsmith is in your Custody?
Mr Goulder. No, I do not know such a Person; - I neither know it, nor have I heard it.
Frogget. I did not say any such Thing, I said my Friends had him.
Baker. I understood it - he had him; but he or his Friends that is the same Thing. Tigh guilty of Publishing. Death .
Herbert, Phillips, and Adams, Acquitted .
89. + Elizabeth Freeman was indicted for feloniously and traiterously murdering her Husband, Jacob Freeman , by giving him one mortal Wound on the Right Breast, near the Pap, with a Shoemaker's Knife, of the Breadth of half an Inch, and the Depth of 3 quarters of an Inch, of which Wound he instantly died , Dec. 28th . She was a second Time indicted on the Coroner's Inquest, for Manslaughter.
Wm Sanders. I am a Shoemaker; I live in Seacoal-Lane; Jacob Freeman 's Goods had been seized, and I gave him Leave to lie in my Room. On Tuesday in Christmas Week he had been out to carry home a Coat which he had to mend, and when he returned he was very much in Liquor; as soon as he came up Stairs, said she, What have you done with the Money that was to fetch Mr Gent's Coat home? with that he damn'd her for a Pitch ; then she called him vile Villain; with that he slew at her, and pulled her by her Topping, (the Fore-part of her Head) and they had a Struggle; he cried out immediately , Oh Will! Will! I am a dead Man , for I am stabbed. She had one of my Knives in her Hand, cutting a Piece of Bread. I jumped out of Bed and caught him in my Arms, and he died immediately; but whether he run against the Knife, or whether she thrust it to him, I cannot tell - there was a great deal of Blood: The Wound was just above the Pap of the Right Breast. She had
Q. Did she shove her Arm, or make use of any Violence towards him?
Sanders. Not at all; there were no Curtains to the Bed, and the Candle was burning, so that I could see very well what passed .
Simon Snowd , Surgeon. At the Coroner's Inquest, Mr King (the Coroner) did insist on the Body's being opened, and the Churchwarden sent for me. I found a Wound penetrating into the Breast; I examined the Thorax , and found the Cavities all filled with Blood ; there was a Wound, as big as that Knife is capable of going into, in one of the Ventricles of the Heart - It was impossible he should survive above 2 or 3 Minutes after the receiving of the Wound.
Q. Do you think the Wound might be given by a Man's running against the Knife, without any Violence from her?
Snowd. Really I cannot tell what to say to that; it must be left to the Jury; a little Matter would push that Knife in, it is so very sharp: The Wound penetrated the Breast-Bone.
Henry Francis . On the 28th of December, a little before Six in the Evening, I was sent for to take Charge of the Prisoner: she said she had done Murder in a Quarrel with her Husband, but did not know how she did it.
James Townsend , Churchwarden. On Tuesday the 28th of Dec. I was sent for from Home, on an Outery of Murder. Francis, the Constable, delivered me that Knife; the Prisoner said she had done Murder, and deserved to be hanged for it. William Sanders said then, that the Prisoner had killed her Husband; that she went round the Bed to his Seat (he is a Shoemaker) and took up that Knife and stabbed him with it; I never heard that Circumstance of cutting Bread, or falling on the Knife, till I came before my Lord-Mayor - I would have had three other Witnesses examined by the Coroner, but I could not get it done. I was abused in a very opprobrious manner, and so was the Coroner; there were some noisy Fellows there, who minded drinking and smoaking, more than the Business they had to do - I did not contradict their Evidence, either before my Lord-Mayor, or the Coroner - he gave much the same Evidence then as he does now.
Q. How came you not to contradict him, when he gave his Evidence so different from what he declared the 28th Dec?
Townsend . I did not know I had any Business to offer to give Evidence.
Anne Higgs . The Prisoner said she had killed her Husband. What! said I, you vile Woman, have you killed your Husband? Said she, If he is stabb'd , I stabb'd him. You must take and send me to Newgate. There was nothing named of cutting Bread that Night the Mischief was done; but Sanders said then, that she got off her Seat, went round the Bed, took up the Knife and stabbed him. I live in the same House; when I was called up Stairs, she had stripped him naked, and laid him on the Bedstead. A little before this, Sanders said, that she had a sore Hand, by taking up a Knife to do him a Mischief.
Court to Sanders. You have said now, that the Woman had a Knife in her Hand, and was cutting Bread when this Quarrel happened, some of the Witnesses say, that you said that Night, that she came round your Bed and took up the Knife; was it so in Fact?
Sanders. They tell me I said so that Night, but I do not remember I said any such thing - She had the Knife in her Hand when he came into the Room, cutting a Ha'pworth of Bread which she had bought just before. As to the other Affair now mentioned, the Case was thus; he had pawned a Pair of Breeches, and came Home vastly in Liquor; she called him Rogue, and he gave her a Slap of the Face with the Back of his Hand, and made her Nose bleed; she took up a Case-Knife, held the Blade in her Hand, and hit him on the Shoulder, and so cut her own Fingers.
John Hill. The Prisoner is my own Sister; she is a very industrious Creature, and really lov'd him; she is a mild, meek Creature.
Sarah Prinn . I have known the Prisoner 7 or 8 Years, I was Servant in the House where she lived; she was an industrious, quiet, and peaceable Woman; he has spent 12 or 14 s. in a Night, and when he wanted Money, he would bid her go and pawn such and such Things, and she would only say, How can you desire me to pawn the Things , to support you in your Gaming and Drinking.
Eliz. Hill. She is a modest, quiet, well-behav'd
The Jury found her Guilty of Manslaughter .
James Congleton . I come from Newcastle twice a Year to buy second-hand Clothes; on the 4th Oct. last I was standing in Rag-Fair, and Anne Bentley said, she knew one who had some second-hand Clothes to sell, but I could not see them till the Morning, so we went to Johnson's House; she desired me to stay all Night, and there was one Mary Wood there. After drinking a Tankard or two with them, I said I was out of Order, and had a Mind to go to Bed for an Hour, and accordingly I did go to Bed, and laid my Breeches upon a Table by the Window; I had not lain above a Quarter of an Hour before I heard a great Noise in the House, cursing and swearing, upon which I was very uneasy; so this Anne Bentley came to Bed to me; the Key was on the Outside of the Door, so I desired her to call somebody to put the Key under the Door; Anne Bentley calls the Prisoner, by the Name of Mary, so this Mary Wood came up Stairs; there was a Candle burning on the Chimney-piece, and she whips the Candle out, and took my Breeches, which I saw her do very plain, and went down Stairs; when I saw that, I jumped out of Bed, and got a Candle to look for my Breeches, and I found them lying on the Outside of the Door; I put my Hand into my Breeches Pocket, where I had 30 Guineas and 18s. in Silver, and all was gone. I went down Stairs and told the Prisoner, Johnson, of it , and he sell a cursing and swearing at these damn'd Whores and Bitches, as he called them, and desired me to be easy and set down till he went to see for this Mary Wood - but he could not find her.
Anne Bentley . I was with Congleton at Johnson's House ; I came to sell him some Handkerchiefs, and he came to Bed to me, and Molly Wood came into the Room, took the Breeches and run away with them, and she run away with my Handkerchiefs too - There was no Candle-light, it was hire-light ; the Breeches lay at the Bed's-head, and when the Prosecutor found the Breeches at the Door, he said there was only his Watch and a Farthing in him; he said he would go and fetch the Bitch in by the Lug - I do not know that John Johnson had any Share of the Money. Both acquitted .
92. Philip Hayes was indicted for stealing five Cod, Value 18s. the Property of John Hobday ; and one Great Coat, Value 5s. the Property of John Banham , out of a Gravesend-Boat , December 13 s. The Prisoner was taken upon London-Bridge with the Goods upon him. Guilty .
Richard Boston . I keep the Swan Alehouse in Shoe-Lane; the Prisoner was in my House last Night about 7 o'Clock, we missed some Knives and Forks, and as the Prisoner was going out of the House I put my Hand in his Pocket and took out a Knife and a Fork, and he dropped two Knives more.
Richard Slanton . I am Beadle; I saw my Master take a Knife and Fork out of the Prisoner's Pocket, and he dropped 2 more; he was exceeding rustical and would have done a great deal of Mischief if I had not hand-cuffed him.
The Prisoner acknowledged he took the Things, said, he did not know what drove him to it, and chose Transportation for he did not desire to appear any longer here after having been guilty of such a Crime. Guilty 10 d.
Robert Kinsey . The Prisoner was Fellow Servant with me at Mrs. Woodcock's; there was a Gold Snuff-Box of my Mistress's missing from the 24th of November to the 1st of December; the Prisoner was suspected of stealing it, and owned, before Justice Deveil, that he had put it into the Pump in the Yard: I know it is Mrs Woodcock's Box because I have had the Top of it often in my Hand, before it was set in a Snuff-Box, it was a King William and Queen Mary's Gold Medal; there was a Guinea, Half a Crown, and 3 Shillings found in the Box, which he owned to be my Money.
Daniel Bridge The Prisoner came to live with me in February last, and left me in July, and I have not seen her since, till I took her this Day se'nnight; I missed the Things while the Prisoner lived in my House; there is the Soosee in Court which Mrs Witts had of her, and she owned she pawned the Ring to Mr. Martin, and he produced it and said he had it of Mrs. Carr.
Sarah Witts . Some time in February last, that unhappy Woman, the Prisoner, brought me a Piece of Scofee: I did not care to buy it; but at her Request I lent her half a Guinea upon it. Mr Bridge owned it to be his.
Richard Martin . The Prisoner brought this Ring to me to pawn; she said she wanted a little Money to buy something: I asked her, whether it was her own? She said, Yes, and that a Gentleman had made her a Present of it. I lent her a Guinea and an Half upon it, and did not know before this Day se'nnight that it was not her own Property.
Prisoner. I did not design to steal it. I never intended to defraud them. Here are Ladies in Court whom I have lived with, that will say I never wronged them of any thing; but I was distressed to pay for my Child's Nursing, and I pledged the Ring to do it, being deceived by some Friends. Mr. Martin, you have known me a great many Years, did I ever bring any thing to you that was not my own before?
Martin. No, never that I know of.
Maria Baker . I have known the Prisoner ever since she was six Years of Age: She had a virtuous Education in her Grandfather's Family, who was a Minister: I have trusted her with a great deal, and never found she wronged me of any thing. I have a great Value for her, and so had the Prosecutor; but now she is poor, and her Money gone, they are turned against her: She is a Widow, and hath a Child to provide for. Kath. Louch gave her the Character of a very honest Person. Guilty 10 d.
98. + Mary Greenup was indicted for stealing two Gowns, 2 Pair of Stays, one Calamanco quilted Petticoat, four Shifts, six Caps, five Aprons, one Silk-Handkerchief, one Pair of Silver-Buckles, one Pair of Bristol-stones-Buttons set in Silver, a Leghorn Hat, a short Cloak, and two Shirts, Val. 40s. and upwards, the Goods of George Whitton in his Dwelling-house , Dec. 26 .
George Whitton . I live in a little Alley in Carter-Lane , by Doctor's-Commons. On the 26th of December I was waked by the Watchman a little after two in the Morning, who found my Door open. When I came down, I found I had been robbed. The Prisoner had lain at my House two or three Nights to make some Linnen for my Wife, and she was gone. I went in search of her, and found her in Kent Street the Monday was se'nnight following: She came quietly with me; and when I came within the Liberty of the City, I secured her. She had get on a white Cambrick-Gown, a Lawn-Cap, Stockings , Shoes, and Garters of my Wife's. She did not leave my Wife a Pair of Shoes to put on. (It appeared that part of the Goods were pawned at several Places)
Prisoner. I would have gone away, and she would not let me, for she had been away two or three Days from her Husband at that Time; she gave me Leave to take them. - Says she, Molly, there are such and such Things upon the Shelf, tye them up in a red Handkerchief, and take them away: I will come to you on the other Side of the Water either To-morrow or Monday.
Prisoner. When he came to me on the other Side of the Water, he said, Child, I will not hurt you; and if I would have given him a Note of 9 l. payable at 2 s. a Week, he would not have prosecuted me: They kept a disorderly House in Shoe-Lane; they have lived where they do now but since Michaelmas , I staid up there to serve the People with Gin. -
William Burnet was indicted for assaulting Elizabeth , the Wife of Francis Bailey , on the Highway, putting her in Fear, and taking from her a short Cloak , Val. 6 s. the Property of Francis Bailey Dec. 18 .
Elizabeth Bailey . On the 18th of December, as I was going home, in company with Mrs Jackson, at half an Hour after 11 at Night, two Men came out of an Ale-house in the Strand, near Southampton-street , the Prisoner came to the left Side of me, untied my Cloak, took it off my Shoulder, and run away with it. - I saw him do it; he looked me in the Face all the time, but I had not Power to cry out, or make any Resistance, I was so frightened. I am sure the Prisoner is the Person, because there was a Light at the Door, and another in the Entry. The other Man ran away. The Prisoner owned the Robbery the next Morning before the Justice.
Prisoner. Would you have sworn against me, if you had not carried me back to the Ale-house? -
Bailey. Yes, I would: I said you was the Man as soon as the Watchman brought you up to me.
Winisred Jackson. The Prisoner came behind Mrs Bailey: I saw him at her Shoulder, and he pulled her Cloak off in a Minute. I cannot say whether he untied it, but he gave it a Tug, and it was gone: He run away with it. I cried out, Stop Thief; and he was taken. - When he was brought up to her, she said, That is the Man.
Court. Did not you, or she, doubt of his being the Person, 'till you went to the Ale-house and satisfied yourselves?
Jackson. I knew him from the very first. I said, as soon as he was brought up, he was the Person; we went into the Plume of-Feathers Ale-house , because he said he had not been there; and the Mistress of the House, the Drawer, and two or three more Persons , said, he had been there, and had been gone out of the House but a few Minutes.
Thomas Lucas . On the 18th of December I was in the Strand, and saw the Prisoner running along with a Scarlet-Cloak in his Hand; he turned into Southampton-street : I made a Blow at him with my Stick, but missed him: I run after him and cried out, Stop Thief ; and a Watchman asked , Where is he? And I said, On the Bedford Head-Side. A Chairman had stopped him before the Watchman took him: He had no Cloak upon him when he was taken, so he must certainly have dropped it; he never was out of my Sight till he was taken. The Watchman said, he was a Thief; and the Prisoner told him, he would learn him to take his Character away. Says I to the Watchman, Hold him; I will see whether his Character is good or no. When he was carried to Mrs Bailey , she said she saw him come out of the Alehouse ; and he said, You lye, you Bitch, I have not been in the House To night.
[His having been in the Ale-house just before was confirmed by the other Witnesses.]
Prisoner. Was I walking or running; or had I any thing about me?
Smith. He was walking with his Hands before him , he had nothing about him then.
John Gager , Watchman at the Corner of Southampton-Street . The Chairman delivered him to us, I went into the Strand to find the Gentleman, who cried out stop Thief, and the two Gentlewomen challenged the Prisoner directly, and said he was the Thief; he abused them very much for pretending to take away his Character, and would have charged the Constable with them, for he said he was going about his Master's Business.
T. Manning. I am a Watchman, and stand next Door to the Bedford-Head ; hearing a Cry of Stop Thief, I took to the middle of the Way, and dogged the Prisoner; I found him two Doors from my Stand, walking, and he was fumbling about his Pocket, and I thought I saw him fumble something out of it, and I believe it was the Cloak, and that he dropped it down one of the Areas.
Mary Sheffield . At 8 o'Clock on Sabbath-Day Morning; a Chairman knocked at our Door, and said, Neighbour here is a Cloak in your Area: that is the Cloak I found in our Area, two Doors from the Bedford-Head , in Southampton-Street ,
Prisoner. I have nothing to say, but that I get my Bread honestly by riding Postilion ; I rode Postilion to my Lord Fairfax, I went to see my Sister the Saturday before I was taken, and she kept me all Night. I was to have gone with a set of Horses to the Bath, but staying too long, the Horses went away without me. My Lord Cardigan would give me a Character for my H, if I was going into any Place. Guilty , Death .
Richard Caswell . On the 28th of December, about a quarter of an Hour after 8 at Night, Richard Stroud knocked me down in the broad Place, by Castle-Street, and took 8 s. out of my Pocket. Rich. Mitchel helped me up, and then Henry Stroud knock'd me down. - Richard Stroud knock'd me down with his Fist, and Henry Stroud knock'd me down with his Fist, and Henry Stroud took my Stock and Silver Clasps, then Richard Strode, Henry Strode , and Edward Taylor , went off together. Taylor was dressed in Women's Cloath; I did not know the Strouds , but Taylor I knew before. - As soon as I got up, I followed them to a Gin-shop. Mitchel went with me, and then Taylor came out in a Waistcoat, and said, if I repeated what had been done, he would knock my Teeth down my Throat; there was a Man bid me go home, said I, they have got my Stock and Clasp, and have abused me; then Henry Stroud came out, and presently after I went home. - I was afraid, because they had threaten'd me. - I am positive to Henry Stroud , I took particular Notice of him, it was Moonlight. Richard Stroud I have seen since, I know he was one of them.
Q. Did not you take out a Warrant , for a common Assault?
Caswell . Yes, I had a Warrant from Justice Chandler , and the Constable would not take it in Hand .
Q. Do you know one Dyer and Doyte ?
Caswell . I did not know them before the taking out of the Warrant; I heard they were Friends . - I did not hear they were Thief-Takers.
Q. What do you mean by Friends?
Caswell . I did not know that they were Friends, till I was told they knew such Things.
Q. What do you mean by such Things?
Caswell . Serving of Warrants and such Things, as belong to the Law.
Q. What Advice did Dyer and Doyte give you?
Caswell. They said if I was robbed , the Robbery ought to be put into the Warrant.
Edward Mitchel . On the 28th of December, I saw Richard Stroud knock Richard Caswell down; and I said to him, what is that for, he said if I did not hold my Tongue , he would give me ten Times as much ; and he fell a licking me cross the Back, and upon my Knuckles . - I did not see any Thing taken from Caswell ; but he said they had taken 8 s. out of his Pocket, and his Stock and Clasp off his Neck; that Henry Stroud knock'd him down the second Time , and that Edward Taylor was about four Yards off, in Womens Apparel , ( several of the Particulars mentioned by Caswell, were confirmed by this Evidence .)
Richard Dyer . I was before Justice Wroth with the Prisoners, Taylor, and Henry Stroud ; the Prosecutor said, they knock'd him down , and they said they had been upon upon a sort of a Frolick ; and I believe there was nothing else in it: I do not think there was any Robbery committed.
Sarah Sheppard said, she had dined at her Mother's Dec. 28th . and they had a Mind to have a Frolick , and went to see a Show; that Taylor being her Brother, they exchanged Clothes, she put on his, and he hers; that the Barber's Boy (Mitchel) riotted her, and called her Bitch; that her Brother went with her from the Show to Mrs Mathew's (who is her Aunt) to protect her from the Mob .
Thomas Ivory gave an Account , that he was at his Door, and saw a Croud of People coming along from the Show; that a lame Boy was knocked down by somebody ; but he does not apprehend there was any Robbery; for if they were grand Thieves (and he does not take them to be Thieves) it was very unlikely a Robbery should be committed at that Time; and that he never heard any Ill of the Prisoners .
Sarah Buckle . Tuesday in Christmas Week, about Eight in the Evening , I was coming over this broad Place, and saw a Man come up to this lame Man, and knock him down - It was the Day after Boxing Day - It was a black, well-set Man, in his own Hair, [This Description did not suit either of the Prisoners ] that knocked him down, and then he took him by the Collar; with that he cried out, You will throttle me. I saw him take a Stock off his Neck, and put it into his Pocket, and then I heard him say, He has took my Stock, my Clasp, and my Money . - I saw five Persons in all, no more.
Counc. How came you to come here to give Evidence?
Buckle . Because I heard the Lad had received Damage by being robbed.
Q. When did you hear that the Lad had been robbed?
Buckle . I heard it one Day last Week.
The Prisoners desired a Copy of their Indictment, and a Gentleman in Court giving an ill Character of some concerned in the Prosecution, the Court granted it .
Thomas Cummins was indicted for assaulting Samuel Bond on the Highway, putting him in Fear, and taking from him a Shirt, Value 20 s . a long Muslin Neckcloth, Value 2 s. a Cambrick Handkerchief , Value 3 s. and a Pair of Shoes, Value 5 s. the Property of Samuel Bond , Dec. 17th .
Samuel Bond . On the 17th of Dec. last, I was coming down Snow Hill , from the Hand-in-Hand Fire Office, and near the Rainbow Coffee-House , I was stopped by a Man not yet taken; there was a Man stood in the Foot-way, I said, Sir, let me pass you ; he made me no Answer, but in a Minute or two I was in the Middle of 10 or 12 Men: I had a Whip in my Hand, a Great Coat and Boots on. Said I, You Villain are you going to rob me? The Man who made the Stop first, had a Stick in his Hand, which came up to his Chin, and he said, If you say a Word more, I will knock out your Brains. I said no more, but took particular Notice of the Man that fronted me, whose Breast was close to mine, and likewise the Prisoner, who was at my Left Hand, and another Person, who was at my Right: They were some Time before they could get the Things out of my Pockets, they were so fast in, and when they had, they walked gently up the Hill; said I, You Villains you have robbed me of such and such Things. Then one of them said, Do you hear the Country Cull ? he says he has lost a Shirt . I went into the Rainbow Coffee-house , staid about two Minutes , and then went to the Brush-maker's opposite to it, and told them I had been robbed, and said I would stay there a little, for I was apt to think they would come that way presently. I had not staid long, before the Prisoner and the Person who first stopped me , and another, who took the Things out of my Pocket, came by; I followed them by the Door of the Three Tuns, they were robbing a Gentleman: I took hold of two of them, and said, Sir, if you will draw your Sword, and keep the third Man from me, I will secure these two ; but the Gentleman went away. The Man who stood in the Front, gave me a violent Blow on the Head, which obliged me to quit one of the Men; I did not tumble, but it was with a great deal of Difficulty that I kept my Legs, and was again in the Middle of 10 or 12 Villains. I said, Gentlemen, I know nothing of you , I desire I may pass ; for I was afraid of my Life; the Prisoner, and two others, stood in the Front of me a second Time: A Man came up, and said, Sir, what have you lost? upon that the Prisoner and another Person run towards Field-Lane, and as they began to run, I run, and cried out, and Mr Clarke, who asked me what I had lost, got up with one of them , and was stabbed an Inch and an half in the Head. I went Home, and did not come out for three Days, I was so much out of Order from the Blow I received . The Wednesday following, just as I came out of Mr. Harris's, on London-Bridge, I saw the Prisoner, the Man who was in the Front, and the other, who was on my Right when I was robbed; I went back-to Mr Harris's, desired him to go with me, we pursued them, and at the Bottom of Fish-street Hill I got up with them, one of them goes by the Name of Black Sam: I struck at his Legs, but could not reach them, but I came up with the Prisoner, and got him into a Fishmonger's Shop. - I am a Carpenter and Surveyor to the Hand-in-Hand Fire Office,
Q. This was very late in December, how could you discover a Person's Face, and remember it five Days afterwards?
Bond. I saw him by the Light of a Lamp; I think I am so sure of it, that it is not possible for a Man to be mistaken.
John Clark . On the 17th of December, between 6 and 7 o'Clock in the Evening, I saw four Men a robbing this Gentleman; they had got something from him; the Prisoner is one of the Men, to the best of my Knowledge - I cannot positively swear to him, but he is very like one of the Four: I went up to the Gentleman on purpose to assist him, and said, Why do you let him go, I am sure he is a Pick-pocket. Then he run away, and the Gentleman and I after him; when he came near Field Lane , he said, Damn you I am at Home now. He went into an Alley, and I would not follow him any farther: I went about two Doors down Field-Lane, and was stuck with a Knife in my Head; I believe I bled a Quart of Blood; it was God's Mercy, I did not lose my Life.
Mr Cook and Mr Harris gave an Account of the taking the Prisoner, agreeable to what had been given in Evidence by Mr. Bond.
Prisoner. I know nothing at all of what I am charged with, and hope to make it appear that I am innocent.
Thomas How . I live in New Bedford Court, in the Strand; I do not know either the Prisoner, or the Prosecutor: I was coming down Snow-Hill that Night, between 6 and 7 o'Clock, and that Gentleman said, three or four Men had hussled him, and picked his Pocket, and a Butcher, as I thought, said aloud, There is a Number of People passing; if you had cried out, they must certainly have been taken; and the Gentleman said, It was done in such a Hurry, that he could not have Time to call out.
Bond. What Coat had I on?
How. The Gentleman had a white Surtout Coat on that Night.
How. I get my Bread by my Pen; I was bred to the Law: I am not a sworn Attorney: I do Business for one who is Agent to Colonel Paulet , and Mr Eades of Lion's-Inn. - I do not want for Money: I thank God I live as handsomely as any Body need to live.
Thomas Burton . I have known the Prisoner 22 Years: I went to School with him. - I was with the Prisoner on Friday before Christmas-Eve: I remember it for a very particular Reason, I am sure: I called at Mr Wish's, the Corner of Hanover-Yard , over-against Great-Russel-Street, in Bloomsbury, facing Tottenham-Court-Road : The Prisoner at the Bar, and another, brought in some Pork-Stakes; and Mr Cummins (the Prisoner) asked me if I would eat a Bit: I sat down and ate a Stake; I had not seen him for four Months; and we drank, I think, to the Tune of six full Pots, and paid Sixpence-Half penny a-piece. We staid there till between eight and nine; and just as I parted from them, by a Barber's Shop in Monmouth-street, I made a little sort of a Slip, and hurt myself, so that I did not go out of my Room till the Holiday-Week: He was not five Minutes out of my Company all the While, except going into the Yard. - I keep a Chandler's Shop in Peter's-street, the Backside of St. Ann's. The Prisoner is a Vintner by Trade, and follows that Business I believe now; he does not keep a House as a Vintner, but goes to Tunbridge, Bath, and other Places, as a Drawer or Waiter: I've heard he was Apprentice in Fleet-street.
Nicholas Hussey . I have known the Prisoner six Years : I was in company with him the Friday before Christmas-Eve: I went into St James's-Park to see the Gentlemen scate, and there I met the Prisoner, whom I had not seen for half a Year: We bought some Pork-Stakes, and went in to Mr Wish's and had them dressed. I never saw the other Witness before that Time: We spent Nineteen-pence-Halfpenny, an d staid till almost nine o'Clock, and in Monmouth-street I took my Leave of the Prisoner. - I live with my Brother in Earl's Court . I am a Printer, I have worked with several Gentlemen in London : I printed the Bishop of St Asaph's Works in the Country; I worked with Mr Hughes in Whetstone-Park , and with Mr Bettenham, and Mr Bowyer .
William Selby . I lodge at Mr Goodison's in Cross-Lane, Long-Acre , and keep a Hatter's Shop. I have known the Prisoner six Years; he used to buy his Hats of me: I believe him to be an honest Man. - I never had the Curiosity to ask where he lived.
Elizabeth Kingston . I went to see Mrs Wish the Friday before Christmas-Eve; she was going out to buy some Things which were necessary for her Lying-in , and desired I would stay and assist her Husband till she came home. About four o'Clock in the Afternoon , the Prisoner and another Person came in, and I dressed them some Pork-Stakes: I believe they continued there till between 8 and 9.
Isaac Craven . I keep the Harrow in Salisbury-Court, in Fleet-street, - the Tap-house to Mr Bell's Brew-house. - I have known the Prisoner upwards of six Years, and he always bore a good Character - He gets his Living by going up and down the Country as a Drawer or Tapster to Vintners at Horse-Races, or other publick Meetings; when he is in Town, he lodges in Queen's-head-Alley in Shoe-Lane : I take him to be an honest, industrious young Fellow.
Mary Rowe . His Wife, and he, have lodged in my House eight Years. I live in Shoe-Lane: They paid 2 s. and 6 d. a Week: His Wife is sick in St Bartholomew's Hospital; she used to take in Washing or Ironing, he goes into the Country as a Tapster, sometimes stays a Month or two in Town; he has no Estate. All the Neighbourhood, I believe, would give him a good Character. Guilty , Death .
104, 105. John Deacon and Thomas Blair were indicted, John Deacon for unlawfully and wickedly laying Hands on Thomas Blair , with an Intent to commit the detestable Crime of Sodomy; and Thomas Blair , for unlawfully, voluntarily, and wickedly permitting and suffering the said John Deacon to lay Hands on him the said Thomas, with an Intent to commit the said detestable Crime of Sodomy , Oct. 18th .
Robert Pert . I am one of the Constables of the Ward of Farringdon within ; there is a Court behind the Chapter-House in St Paul's Church Yard , which is suspected as a Place which People of this Sort frequent. On the 18th of October, between twelve and one in the Morning, I was going my Rounds with my Partner; when I came to this Court, I heard a Whispering: I went softly into the Court, imagining something of this Kind was transacting ; to Appearance, at first, I only saw the youngest, whose Name is Deacon, for he was full against the other, and seemed to hug round him; his Breeches were down, and his Shirt appeared: I then thought it was a Man and a Woman, for the youngest was in the same Motion as a Man is when he is embracing a Woman; they were so close, that if I had had the Presence of Mind to put my Hand between them, I could not have done it. I called out, and said, In the
Blair. What Posture was I in? Was I not easing Nature?
Pert. He did make a Motion of squatting two or three Times when I first saw him. - He was not sitting down, he was standing up, shuffling to put up his Breeches. - I could see them perfectly by the Lamp, though they got to the darkest Corner of the Court.
Blair. I will speak as modestly as I can. Ask him whether he saw the Flesh standing to this Abomination.
Pert. I cannot say any thing to that - I had no Light of my own, there was a sufficient Light of the Lamp - I was within a Quarter of a Yard of them when I called out, and then I drew back.
Blair. I did not move from the Place where I squatted down, till he took me by the Collar.
Pert. I did not touch him by the Collar.
Blair. This one Question will be found material: I do not know whether that honourable Gentleman is upon the Bench that I was before; I told him the same Story, that I was easing Nature , and this Gentleman made the same Objection then as he does now, that he could not see it: I said, Mr Alderman , what I am going to propose is not cleanly or decent, but if you will please to order any Servant to go along with me into some back Place, I will convince them that I put that into my Breeches, by his pulling me away in a Hurry, that I should have left behind me: Ask him whether I did not say so?
Pert. He did propose that; but he might easily have done that in the Night-time, I should have smelt him in the Watch-House, if any such Thing as that had been then, for he sat close to me a great while. As he was going from the Compter to Guild-Hall , he said he hoped the young Man had not confessed any thing; I told him I should not trouble myself with what he had said, he would hear that when he came there.
Peter Line . The 17th of Oct. last was my Watch-Night ; Mr Pert and I watch together, and we usually go two or three Times round the Ward of a Night; as we were going our Rounds, Mr Pert went into the Court behind the Chapter-House; after he had been there some Time, he called out, Hip, Partner; What's the Matter, said I; he said he had caught these two Chaps, so and so; that this young Fellow , Deacon, was next to him, and his Shirt was out of his Breeches, they were so close together that he could not draw his Stick between them; that he stood over them the best Part of a Minute , and then he called out, and asked them what they were about, and they said they came there to ease themselves. I took Blair hold by the Collar, and Deacon by the Arm; Deacon was buttoning his Breeches at that Time; Blair's Breeches were down , and he said, D - n your Soul Mon, let me put up my Breeches; but I would not let him, and brought him half way to the Toy-Shop with his Breeches down; Blair would fain have got away, and if the young Man had endeavoured as much to get away as he did, I believe we could not have held them; he sent to several Persons to his Character, one in particular was his Landlord, a Baker, in St Martin's le Grand , but none came.
Blair. Did not I say what I was doing of, and that you hindered me from doing a particular Thing?
Line. You did not then say so, you did afterwards in the Watch-House, and I went with six or seven Watchmen, and we looked all the Way we came, and you said, It is not there, it is on the other Side; but there was nothing - we were
Richard Wright , Watchman. On the 17th of October , as I was going my Rounds, about Ten o'Clock, I saw the Prisoner, Blair, in the Place where he was taken; at half an Hour after 10 he was there, at 11 he was there, and at half an Hour after 11, alone all the Times, and just after the Clock struck 12, as I was calling the Hour, the Constables called out, and I run to their Assistance, and found this Blair with his Breeches about his Heels; Oh, said I, you are the Man I have seen so often to Night; he had a Handkerchief about his Head to tie his Hat and Wig on; says I, I know you by your Handkerchief.
Blair. It is impossible for me to disprove this now; but as sure as God is in Heaven, I was not on this Side of St Clement's Church at half an Hour after Ten.
My Lord, that Sunday in the Afternoon, I went to the other End of the Town, to wait on some Gentlemen, and was in Company with several of them from between Three and Four till nigh Eight at Night, and after that had been in two or three Companies between Eight and Nine; I was thinking of coming Home, and it was a pretty heavy Rain then, which obliged me to stay longer than I did design, and I went into a House in the Strand, called the Moor-Cock, to drink a Tankard of Beer in that Time; with drinking Beer after other Liquors, Wine and Punch, it gave me a Looseness, which has occasioned all this Trouble and Ignominy, and I was obliged to go into a Lane in the Strand to ease myself; as for the Watchman's saying I was there at Ten, he is mistaken above an Hour; when I came by St Bride's Church it rained again; I went into the Sugar-Loaf, and it was past Eleven before I got out of that House; I had a Friend with me, who would have kept me longer; said I, It is Sunday Night , and my Landlord is an honest, sober Man, and I keep him from Prayers; and if there is a God Above, I speak sincerely; and it is in the Presence of my great God, who sees me, I declare I had no more Thought of committing that accursed Abomination, than I have of blowing up this House; and as to that Man, I did not speak to him, and I do not know, as I hope for Mercy from God, whether he is a Man or not: I was obliged to squat down in that Place , and had done it two Times by the Way before. Besides, I solemnly declare, that if I was one of the greatest Villains, or most profligate Wretches upon Earth , and had any Inclination that Way , I could not have committed that Abomination, I was so much in Liquor; Do not you think I was too much in Liquor to have committed that Ahomination?
Mr. Pert. He was in high Spirits, not any ways drunk; he talked very well .
Blair. This Imprisonment has almost cost me my Life; I have almost lost my Limbs, my Legs are swelled, and my Feet almost numbed and dead; so that if I was to lie as much longer I should be dead; as to being disguised, I have lost my Clothes and Linnen, or I would not have presumed to have waited on your Lordshipin this Pickle.
Deacon. I went that Night as far as the Cross-Keys on Snow-Hill; the Gates were shut up, so I made the best of my way Home again; and coming through this Place, I stopped to make Water, and a Person came close to me, and said, By my Leave he must sh - t by me, and while he was there, I heard somebody coming very softly; somebody cried out , What are you doing here? I said, No Ill: Said he presently, What, you are two Buggerers here , I suppose. Said I, There is no such Thing; and presently there came another Person; I was so surprized, that I could not tell who laid hold of me - but they laid hold of me, and said I should go to the Watch-house, and I went very willingly.
Mary Appleby . The Prisoner lived Fellow-Servant with me 22 Years ago, at Mr Rev e's , at the Bank-side, Southwark ; he ever was accounted a very honest young Fellow: He lived lately, five or six Months, as a Porter to a Druggist at the Swan , in Bishopsgate-street.
Deacon Guilty . Blair Guilty .
107. Anne Stone , otherwise Booth , otherwise Molloy , of St Clement's Danes , was indicted for stealing 1 Carpet, 1 Sheet, 3 Petticoats, 5 Clouts, 3 Bibs, and 1 Velvet Cap , the Goods of John Cowden , Jan. 1 .
John Cowden . On the 1st of January, about 11 o'Clock in the Forenoon, I went to shift myself, and found the Parlour Door wide open, and found my Velvet Cap lying in the Middle of the Floor; I called to my Wife and told her; she said we were certainly robbed; I went into the Bed-Room (a little Place behind the Parlour, just big enough for a Bed) and I saw the Prisoner laying these Things down upon the Bed .
Bryan Cooley was indicted for assaulting Joseph Emmerton on the Highway, putting him in Fear, and taking from him a Cane with an Ivory Head, Value 5 s. January 2 .
Joseph Emmerton . On Sunday was se'nnight, in the Evening, between 10 and 11 o'Clock, at the End of Sheer-Lane, in Fleet-street , I went to make Water, and a Man slung me down (he must have tripp'd up my Heels to do it) and immediately there was a Man on one Side of me and a Woman on the other, I had a Watch in my Pocket but they could not get their Hands into my Pocket, so they moved off with my Hat and Wig; I did not see the Man or Woman move off with my Hat and Wig; then Somebody, I cannot say it is the Prisoner, it was a Man, got hold of my Cane and dragged me along upon my Back, about 5 or 6 Foot; says he, What will not you let me have it? My Friend happened to be coming by, and asked me, how it was that this Man fell out with me; I told him, I supposed he wanted to rob me: - That very Man that dragged me forced my Cane from me; there was no Hat nor Wig by me when I got up.
Mr York. On Sunday, January 2. between 10 and 11 in the Evening, I was coming from Temple-Bar, and I saw the Prosecutor upon his Back, and the Prisoner, whom I very well remember, had hold of this Cane by one End, and Mr. Emmerton had hold of the other as he lay upon the Ground, and the Prisoner was pulling it from him with great Violence, but Mr Emmerton held it as fast as he could, the Prisoner dragged him some Way upon his Back, in order to get it from him, and before I got near enough to lay hold of him he had jerked it out of his Hand, and was turning about to make off with it, but before he could get into a Run I was close enough to collar him, which I did, and charged him with robbing the Gentleman: Says I, You Villain you have robbed the Man: What I? says he, and clapp'd the Cane behind him, as I believe, with an Intention to drop it; but I took hold of the Cane, and then he held it pretty fast, and it was with some Difficulty that I wrenched it from him; then I took him by the Collar and insisted on securing him; presently a Woman came up and asked, What I did with him? and an ill looking Fellow or two came up, and behaved in such a Manner that I thought I was in danger of of having him rescued; and having an Oak Stick in my Hand, I was forced to make use of it in a resolute Manner, or he would have been rescued from me; when I got him to the Sign of the Cock I shewed him into the Entry and secured him. - I am sure the Prisoner is the Man, he was never out of my Hand till I got him into the Alehouse. - This is the Cane I took from the Prisoner, and what I believe he took from Mr Emmerton ; I have had it in my Custody ever since.
Emmerton . This is my Cane, which was taken from me.
Mr York. I asked him at the Cock, What made him do it? he said, He did not do it. - he said in general, I did not do it; I did not do it; but I am sure he is the Man; I was afraid of the Gang that was there, I am sure they were very bad People by their Expressions.
Thomas Ridgway . I live at the Golden-Ball in Bell-Yard, by Temple-Bar; the Prisoner has been my Servant about 3 Years, in carrying Bottles for me, and I believe him to be an honest just Man, I have trusted him to receive Money for me and he has brought it honestly and truly.
109, 110. Thomas Crowder and Thomas Povey , of St. Andrews , Holbourn , were indicted for stealing 30 Files, Value 12s. the Goods of Charles Pickfat , January 10 . The Jury not being of Opinion that they were taken away with a felonious Intent, they acquitted the Prisoners.
Thomas Parker . On Thursday Morning last, I went to see an Acquaintance at the other End of the Town; I had drank a little more than ordinary; and coming home at Night, I met the Prisoner somewhere about Holbourn-Bridge; she picked me up, and carried me into a Bawdy-house in Goldsmith Alley in Holbourn ; she was to get a Bed for me, which accordingly she did, and I gave Sixpence for it, and the Prisoner went to Bed with me. I undressed myself all but my Stockings, and laid my Breeches under my Head on the Off-side: I had not been in Bed long before she put her Arm a-cross me. - She made a long Arm: I asked what she meant by that; and she did not seem to give me any Answer. I had Occasion, soon after,
James Deering . On Thursday last I was calling the Hour at four o'Clock, and a Man came out and called, Watch! He desired me to come in, and said there was a Robbery committed - He said, there was a Man and a Woman in Bed: that they had not been long there before the Man missed his Money: I saw eight Shillings in Silver, and a Guinea, upon the Bed, and one Shilling upon the Floor, and one Guinea was found in her Stocking; she had her Finger in her Mouth, but whether she swallowed the other two I cannot tell.
Prisoner. I was sitting down at Holbourn-Bridge, and that young Man coming by, I asked him for a Penny; he said, if I would shew him where to get a Dram he would give me a Penny; we went to this House, drank three Quarterns of Gin by the Fire-side, and two more after we were in Bed; he fell asleep, and the Landlord came up, took his Breeches from under his Head, and gave me a Guinea; he pulled all my Clothes off my Back.
Parker. You had hardly any Clothes; you had never a Smock on that I saw. Guilty of the Felony .
113. + Mary Williams was indicted for assaulting Thomas Osbourne on the Highway, putting him in Fear , and taking from him a Hat, Peruke, a Pair of Buckles, a Muslin Neckcloth , three Guineas , and 26 Shillings in Silver , December 16th .
Thomas Osbourne . On the 16th of December I was going along the Strand, and went into a Cellar to call for a Pint of Twopenny-Purl; the Prisoner and another Woman were there: I staid no longer than the drinking my Purl, about twelve Doors from Drury-Lane ; the other Woman followed me, in order to pick me up, and the Prisoner laid fast hold of me in order to rifle me; they both held me, and endeavoured to pull me down. - I called out, Watch: Instead of the Watch, one Richard Lucas ( who I have a Warrant against) came up; one of the three hit me a Knock on the Face, that stunned me, and laid me on my Back; they robbed me of three Guineas, and 26 s. my Hat and Wig, Buckles out of my Shoes, and Neckcloth off my Neck; two Soldiers stood at a little Distance while I was robbed: They took hold of the Prisoner, and carried her up Drury-Lane. About a Minute after the Women were gone, Lucas says to me, Friend, you are rifled. I know I am, said I. He ran up the Lane, and said he would get me my Hat and Wig: I went to the Cellar where I had the Purl, and he brought me my Hat and Wig. I described the Women to the Watchmen, and they said it was Mary Williams , (or Welch Moll , as they called her) and about a Week afterwards she was taken. I was sent for to the Watch-house in Lincoln's-Inn Fields, about five in the Morning, and the Prisoner confessed she was present, but the other Woman robbed me, and put the Money into her Lap. I went before Justice Deveil , she confessed the Thing, and desired to be admitted an Evidence.
Edward Satchel , Constable. When the Prisoner was in the Round-house she fell a-crying, and told me she was taken up for a Robbery, and said, that as she was standing in Little Drury Lane, one Sarah Berry threw two Guineas and some Silver into her Apron, and told her, there lies a Fellow drunk, and she would go and see if she could get any more from him, but she did not bring any more; that they went to the White-Bear, Covent-Garden, and distributed that Money between them, and there was 9 s. 6 d. a piece; and they changed a Halfpenny into two Farthings, that every one might have alike; and the Prisoner desired I would speak early in the Morning to Col. Deveil , that she might be admitted an Evidence against the others; but I was obliged to wait on 'Squire Cook , in Lincoln's-Inn Fields, with two Pieces of Cloth, and so neglected to do it, which I am very sorry for: She said she was drawn in, and was very sorry for what she had done. When I spoke to the Colonel about it, he said it was too late, she had gone too far: I told the Colonel, I had given her some Hopes of it, but he did not take any Notice of it.
William Rogie , the Beadle, confirmed the Evidence of the Constable, with respect to the Confession that she made, and said, There was one Richard Lucas and another Soldier (I think his Name was Waters) there. - She gave this Account herself, I believe, in Hopes of being made an Evidence; she had some Hopes given her of it: The Constable, and I, and another, went into Parker's-Lane to see after this
John Acton , a Watchman, said, he saw the Prosecutor come out of the Cellar very drunk, and would have seen him Home, but he said he could see himself Home; that he took the Prisoner about six Days afterwards, and agrees with the other Witnesses as to the Prisoner's Confession. Upon the whole, considering there was no other Evidence against her but her own voluntary Confession, (and that amounted only to the receiving Goods knowing them to be stole) on the Hopes she had of being made an Evidence, the Jury Acquitted her.
116, 117, 118, 119. + Patrick Kelly , and Katherine his Wife , Garret Cavenagh , and Honor his Wife , were indicted for that they not having the Fear of God, &c. nor weighing the Duty of their Allegiance, but being moved and seduced, &c. after the 29th of September, 1742. to wit, on the 1st Day of December, in the 16th Year of his Majesty's Reign , craftily , falsely, unlawfully , subtilly, deceitfully, feloniously, and traiterously, did file, and with certain Materials, producing the Colour of Silver, did wash and colour two Pieces of Brass Money of this Kingdom, called Farthings, with Intent to make each of them resemble, and pass for a Piece of lawful Coin of this Kingdom, called a Sixpence: And the Indictment further charged them with altering the Impression on each Side of two Farthings, with the like Intent: And the Indictment did likewise set forth, that they, on the said 1st Day of December, did file, wash, and colour, two Farthings, with Intent as before. And this was laid to be against the Duty of their Allegiance , the Peace of the King, and the Form of the Statute .*
* This being grounded upon an Act of Parliament (of the last Sessions) the Indictment must by express World being the Offence within the substantial Description made in the Act .
At the Desire of the Prisoners, the Witnesses were examin'd apart.
John Graham . I have known Cavenagh and his Wife about 7 Years, and Kelly and his Wife about 2 Years; I lived with Cavenagh on and off about 6 Years, he is a Smith, and in order to make himself be thought an industrious, hard-working Man, he often got up at 3 or 4 o'Clock in the Morning to go to work, and about 8 o'Clock he came to Breakfast, and then he made Shillings out of Halfpence, and Sixpences out of Farthings; he files them and she rubs them upon a Leather, with Brickdust, to take out the Scratches of the File, and then he bends them, and rubs them over with a Paste, made of Burnt-Silver, Cream of Tartar and Aqua Fortis ; the Aqua Fortis dissolves the Silver, and then with the Cream of Tartar they make it into a Paste, that changes the Colour at once, and makes them look white [the Experiment was shewn in Court] we make use of common Salt to clean before we colour them. - Kelly is sometimes a Labourer, sometimes a Haymaker, and sometimes a Coiner. - I did not coin, but I have been concerned in defacing the King's Coin - I was sent to Clerkenwell Bridewell the 16th of December, and on the 8th and 9th of December I saw Kelly and his Wife, and Cavenagh and his Wife, make Halfpence into Shillings, and Farthings into Sixpences, I can swear to twenty that they were at Work upon in those two Days; they worked at his Brother Kelly's House, I lodged there at that Time - When they were made, the two Women used to go and put them off among the Country Folk of a Morning.
King's Council. Do you know any of the Coin when you see it?
Graham. I believe I do [there were two of the Farthings produced] there is a great deal of Difference between the two; I believe this is Kelly's - it is not so clean made as Cavenagh's Cavenagh has practised it a great deal longer than Kelly - Cavenagh used to call him a dunderhead Fellow, because he did not make so good Work; I take the worst to be Kelly's for that Reason - I believe this is Cavenagh's [the Box of Paste, and the Tools , (two Files, and a Pair of Pinchers) were produced] I have known this Box these two Years, it was Cavenagh's - these are the same Tools they all worked with, they were Cavenagh's - Kelly lived in Church-Lane, in St Giles's, and Cavenagh lived next Door to the Horse and Groom, in Cross-Lane - I can swear to this Leather, because I cut a Piece off the Corner, to put between the Vice and the Halfpence and Farthings - Sometimes one coloured, and sometimes another; the Men generally filed, and the Women smoothed them, because they had not Strength to file them - Cavenagh has done it these 5 Years, and Kelly about 2 Years - I can swear to these two Sixpences - Graham and Laycock were concern'd with them.
Pris. Counc. What is the Reason that Cavenagh
Graham. I shall come to your Question presently, if you please to let me; for you are enough to drown 20 People: I told you he did it to make People believe he was a hard working Man. - I do not know that I ever saw him work at making these at eight o'Clock in the Morning. - I did not impeach first, Cavenagh's Wife impeached before me, - I was sent to Bridewell for a common Assault upon a Quarrel. - I was in Prison 12 Months in the Year 1738, for uttering false Coin. - I heard that Cavenagh's Wife was to give in an Information against me; and finding she had not done it, I took Care to do it before her: So I sent to Mr North , and made my Information.
Cavenagh. How can all four be at Work at one Time, with two Files and one Pair of Pinchers?
Graham. I will tell you; one filing, another smoothing, another pulling down, (that is, filing down the Edges of them to the Letters) another polishing of them, and a fifth may be employed in bending of them.
Honor Cavenagh . How came you by those Files?
Graham. Why, they are yours, my Child. - I know them, because I have worked very often with them.
Graham. I have known her file three Halfpence or Twopence off a Shilling, when she has been scarce of Money, and mix it with Aqua-fortis, in order to colour the Money.
Honor Cavenagh. Here is a good Witness a-coming; she has been transported four or five times.
Mary Laycock . All the Prisoners used these Tools, sometimes one, and sometimes another, as they wanted them. - I had these Tools from under Patrick Kelly's Stairs; and when Honor Cavenagh threatned to give in an Information against me, said I, What, are you like Jonathan Wild , first to buy me a Horse, and learn me to go a thieving, and then take my Life away for the Sake of the Reward. Says I to Sarah Graham , What do you think? Honor Cavenagh says, she has put me in the Information, and does not think much to tell me so.
King's Council . Now shew us what they used to do with these Tools.
Laycock. Suppose this to be Leather, as this is Paper, they used to do so, [ shewed how they filed them ] - I have seen every one of them do so, but the Women were most excused, because they had not so much Strength in their Arms ; the Women used generally to rub them upon a Leather to smooth them, and then rub them over with a little common Salt after they had bent them. - I a'n't cute enough to do it; I wish I was. I never was Mistress of this Trade in my Life; I never worked at it above a Month; they used to rub them between their Finger and Thumb, thus - I saw all the Prisoners working at it in the same Room, within three Weeks before Christmas, at Garret Cavenagh 's Lodging, in Cross-Lane - I used to put the Sixpences off at Chandlers Shops, and Brandy Shops, and had a Groat in the Shilling for it; I never would undertake any of the Shillings - Honor Cavenagh used to go along with me, for I never used to carry any more than one, for fear of being taken up; when I had parted with one, I used to say to her, Here it is, it is flung; she used to have a false Sixpence ready wrapped up in a Piece of Paper, and used to do so (spit upon it) and say, Here, take it, and God send you good Luck with it: The most that ever I put off in one Day were eight - I was not taken, I went to Mr North, and gave my Information voluntarily; I do this for the Good of my Nation, the Safety of my Country, and the Preservation of my own Life, Sir. - This is Patrick Kelly 's Coin - I know it because it is a rougher Coin than Cavenagh's, he is not so good a Workman; this is one of Garret Cavenagh 's, I can almost positively swear to it - Cavenagh would work in the Day-time, to blind the World; when he came home from his Work, and had got his Supper, then he went to work at this, that we might have them to dispose of the next Morning; he began to work about 10, may be 9, 10 or 11 o'Clock at Night, when I lay with him - that is, lay in his House, not with him, Sir - These are made from King George II 's Farthings, the others will not do so well - They file them down to the Letters, and file the Britannia quite off - They file the Laurel and the Neck off, and leave a little part of the Head, and some of the Letters .
Pris. Counc. . Can you take upon you to say these are King George's Farthings ?
Laycock . Yes, I can; that is George the IId , and the Face turns to the Sun - I cannot read, but I can make shift to write; let me see it, and I will see whether I can read or no; I am bad of my Sight; I can write tho' I cannot read.
Pris. Counc. . If you cannot write, how can you read the Letters?
Laycock. You will be with your Cross-Questions upon me; I can do both to my great Joy - Tho' I cannot read, I can tell the Letters; the G is almost wore out, here is the E; I can make shift
Q. Do you expect part of the + Reward ?
+ A Reward of 40 l. is given by this Act for the Conviction of every Offender. And the Accomplies are pardoned .
Laycock . No, Sir, God bless the Reward, let who will have it, I do not care - I took the Box off a Chest of Drawers in Patrick Kelly 's Room - I bought this Box for a Penny, and gave it them since Harvest - I came acquainted with them about April , to the best of my Knowledge .
Laycock. Ever since you were tried for the Murder of your Wife at Kilmanagh - I was at Rochester, but I never was an Evidence there in my Life.
Laycock. Yes , I did give Evidence for her as far as to what I saw, that they did threaten her - I answer to the Name of Lane , * which was my Father-in-law's Name.
Graham , Wife of John Graham . I have been acquainted with Cavenagh and his Wife about three Years , and with Kelly, since last Lord-Mayor's-Day. - I was sent to get 12 Farthings for 3d. there were six good and six bad; those were reckoned bad that would not bear the File; the good ones Mrs. Cavenagh took in her Hand to file, they were too strong for her; so he took them, and filed all off one Side; they filed the Head Side, down to the Letter (V) which brings them to the Bigness of a Six-pence; I should not want an Estate if I had but a Quarter of what they have cheated poor People of; I believe I can swear to 5l. a Week: Kelly's does not go off so well as Cavenagh's, so he puts off his Brother's: Mrs Kelly had a strong Hand at Clearing, Mrs Cavenagh was the best Hand at Colouring; I have seen Mrs Cavenagh colour, and Mrs Kelly colour; I saw Mr Kelly colour but twice; it was sometime before Christmas. - They are every ones Files, they all us'd them; but when the Act of Parliament took Place, my Husband was resolved to do no more, so I sold his Vice for old Iron; these are Mr Cavenagh's Files, I was with him when he bought them, - Mary Laycock seized these Tools, she gave them to me the Day before I went to Mr North; she cried and said, Mrs Kelly said, She would hang the best Neck she had; said I, You know best what you have done, but you may be even with them; if you can lay hold of their Tools do, and bring them to me; which she did; she said , She would throw them down the House-of-Office: No, said I, do not do that, as they threatened to inform against you, do you go and make your Information: I carried the same Tools I had of her to Col. Deveil , and he gave them to Mr North, the Sollicitor of the Mint.
Graham. As long as I have known you; I can swear to their having this Box two Years and not wrong my Conscience.
Mr. Hind produced one of the Counterfeit Six pences which he said, he had of Mr. Alford, a Distiller, by Clare-Market.
Mr. Alford deposed, that he could not be certain that was the Piece he had of Laycock.
Katherine Kelly declared, that she was entirely innocent, and that this was done out of Revenge for her sending Graham to Prison for an Assault. [She shew'd her Arm in which was a very deep and large Wound, whic h she said he gave her].
Honor Cavenagh said, She had seen Graham and the others at this Work, but they never saw her; that her Boy, who is about seven Years of Age, told her, He saw Mr Graham making of Shillings, and, that she peep'd through the Door and saw Mr Graham at work, but could not see what he was doing of, that she thundered at the Door, and he hussled the Things away; said she, Mr. Graham, so, you are at your Tricks: Said he, I cannot help it, I have not a Farthing in the World, I hope you will not hurt me; and that he pull'd out his Tools and went to work again; she said, that her Husband was more innocent than she, that he never saw them at work, that when she told Mrs Graham of it, she said, Her Husband was a Wig-maker,
Mr North (Sollicitor to the Mint). On the 16th of December, the Prisoner at the Bar, Honor Cavenagh, brought this Letter to me from Mr. Poulson, (it is his Hand-writing, he told me he sent it) I enquired into her Business, and she told me, she came to give me Information against several Persons, who filed Farthings, and made them into Six-pences; I sent to Justice Poulson and had a Warrant made out against John Graham and his Wife, and Mary Laycock , I think he called her Lane: Kelly came to me and I asked him, where the Persons inform'd against, were to be found; he told me where to find Mary Laycock , and I told him, I desir'd Honor Cavenagh to come to me in the Morning, and let me know where they were to be found: On Sunday Night a Messenger came to me, from Clerkenwell-Bridewell, to inform me, that John Graham was in there for an Assault, and desired to see me about an Information; I apprehended that some Quarrel was the Occasion of their sending to me; the Person that came from Graham, asked me, If any Person had made an Information against Graham? I did not satisfy him as to that Question; I told the Messenger, I would consider whether I should come or no; I staid till the Friday following, and hearing no more from Honor Cavenagh, I thought it was Time to go to Clerkenwell-Bridewell; accordingly I went to Graham, and he told me, he could make a large Discovery of Persons concerned in filing of Farthings, and making them into Six-pences; I told him I would consider of it, and hearing nothing from Honor Cavenagh , I went to Col. Deveil , and he sent for Graham and took his Information, and Graham's Wife and Laycock came to my House, and said, they could confirm Graham's Information; and their Information was taken, and upon this, the Prisoners were taken up - it was the Day that Graham was taken that Honor Cavenagh came to me and said, her Husband had beat and abus'd her very much, and would not be satisfied unless she made a Discovery - She told me so that Day she made the Information. - I asked her afterwards, why she did not come to me again: She made some Excuse, but she did not talk any thing of a Miscarriage then. I asked Garret Cavenagh the Reason why his Wife did not come again, and told him she said he had beat her, and abused her, because she would not come and make her Information; and he said, he knew nothing at all of the Matter. - They were not all taken at the same Time; Garret was the last Person that was taken. - Kelly did not come to me to make an Information as to the Coining, but upon Honor Cavenagh's Account, to tell me where those Persons were to be found.
Garret Cavenagh . I would ask Mr Thomson the Constable, Whether, when the others were taken up, I was not in the Body of the Watch, and said, that I was one of the Persons in the Warrant; and he would not take me?
Thomson. He did come into the Watch-house, and offered to surrender himself, and I said I knew nothing of him, and I would not take Charge of him.
Samuel Lee . I am a Smith, Cavenagh has work'd with me about five Months; we have but one Fire between us: I work till 12 at Night, and he comes at 3 or 4 in the Morning, to be from the Fire against I come, and sometimes he works till 11 or 12 at Night: He has work'd as hard as any Man in England, and kept his Family as well as any Body - He sent me to Col. Deveil , to know if there was any Information against him, and he said there was; and said, if he came before him, he should be oblig'd to commit him.
Jane Gough . On Saturday before Christmas, Mrs Cavenagh miscarried; she told me, it was upon the Account of her Husband's ill Usage, and abusing her for entertaining these People. - I saw him strike her; that is ill Usage.
Enoch Wilton . I know this Garret Cavenagh to be a hard working, labouring Man. On the 10th of October this Laycock came to my House; my Wife said, What do you do here? there is the same Stairs you came up; and my Wife took up a Candlestick, and
The Council for the Prisoner objected, That the Act of Parliament is made against the filing and colouring of Brass Money called Halfpence and Farthings, and that these Halfpence and Farthings are not made of Brass, but Copper.
The Council for the King answered, They apprehended the Legislature well knew what they did when this Act was made, that it is against filing or altering of Brass-Money, &c. and taking the Word Brass away , the Word Money remains; and that they might venture to say, there is a higher Authority than the Legislature for using of that Word, and that is the Bible, and that the Language is not altered from that Time to this: It says, Cain was an Artificer in Brass and Iron; and that at that Time there was no such Mettal as Brass in the World; for Brass is not an Original Metal, but a Compound.
It was the Opinion of the Court, that every Act of Parliament ought to be taken according to the Intent of it; and that the Act mentions Halfpence and Farthings; and that there is no other Brass-Money within the Intention of the Act of Parliament.
The Jury withdrew for a considerable Time, and then found them all Guilty, Death . +
+ As the principal Witnesses in this Case were Persons of ill Characters, and this the first Prosecution late Act, the Jury recommended them as fit Objects of his Majesty's Mercy. - The Jury did likewise commend Tigh (whose Trial is in the former Part) for that they believed he had been ill advised.
120. + Daniel Wicket was indicted for assaulting Sarah Smith on the Highway, putting her in Fear, and taking from her four Shifts, three Aprons, four Caps, three Handkerchiefs, and one Pair of Stays , December 28th .
Sarah Smith . On the 28th of December I was going from London to Hammersmith , and about three o'Clock in the Afternoon the Prisoner overtook me by Tyburn-Turnpike , and said, Well overtaken Lady: said I, I thank you, Sir: Said he, Are you not Mr Smith's Daughter? I said, Yes: Said he, I know you very well: So we went together. There was a great Style in Tyburn-Field , and he asked me to hand my Bundle over for me: I said, No, I thank you, I can get over with it very well : Please to go along; so he did; and at the Style at the other End of the Field, he offered the same, which I refused. When I came to the Black-Lion at Bay's Water . I met with a young Man, who was going with a young Woman, whom he was going to delude away, but another young Man came and took her from him, and carried her home to her Friends; and the Prisoner said, that Man deserved the worst of Punishments, to delude such a Child away. When we came to the Bridge where the Black and the Soldier hang in Chains, there was a great Style, the Prisoner was foremost, and he wanted me to go over the Style first; and there being a great Ditch of Water on the other Side, and the Wind pretty high, I was afraid to get over first; I said, Pray get over first; he would not: Said he, Do you get over first, and damn'd me for a Bitch. When he found I would not get over, he hit me on the Side of the Head with a knobbed Stick which he had, and took me in his Arms and holl'd (threw) me into the Bush-Hedge, which was very prickly: He said, he wanted to ravish me, and swore he would. I begg'd him, for God's Sake not to do it, and asked him why he should do such a Thing to a poor honest Girl, as I was, who never did him any Harm, or wished any. I struggled with him a great While , and then was forced to kneel in the Dirt in order to get up; and I pray'd to God to turn his Heart: Then he damn'd my Blood, and said, if I made any Noise he would kill me. I got off my Knees, and then he holl'd me on the Bush on the other Side; then he came to me again, but he had not so much Power over me as he had on the other Side. Then he took me in his Arms again, and holl'd me on the Bush-Hedge on the Side I had been before; then he threw me on my Back, and damn'd my Soul, and bid me lie there till he had done what he pleased with me. I prayed to God Almighty to be my Assistance, to get me out of such a Rogue's Hand. I gave him all the good Words that ever I could, and yet he all the While damn'd my Blood and Soul, and swore that he would kill me: Then he put his Hand up my Coats, and holl'd my Clothes over my Head , and pull'd out what he had: I wrung my Hands and was frightened, and prayed to God for Assistance, that such a Rogue should not have his Will of me: He swore he would ravish me, or have my Life. I fought with him a good While upon my Back, and was almost too strong for him; then he kneeled upon my Stomach, and pulled a Knife out of his Pocket, and put it to my Throat, and swore if I spoke, or stirred, or made any Noise, till he had done what he pleased with me, he would cut my Throat. AndJohn Miles , a Neighbour's Man, went with me to my Brother's, and they went to the Prisoner's House, at East-Acton , and brought him to the Constable's House, and there I said he was the Man - It was a Clasp-Knife which the Prisoner had - It was about 5 o'Clock, and Moon-light , when the Prisoner attacked me, - I know Mr Bristow very well, but I did not meet him upon the Road; I met another young Man upon the Road, whom I saw at the Constable's House.
Q. Did the Prisoner take the Bundle away from you with an Intent to rob you, or to make you come after him into that bye Field, in order to have his Will of you?
John Smith . When my Sister came to my House, about 6 or 7 o'Clock, she said she was ruined for ever, for she was robbed of her Clothes by Jack Ragg (that is a Nick name he goes by) I saw her Apron and her Arms were bloody, and she had a Petticoat upon her Arm, but being surprized, I did not take much Notice: I went along with Miles and Cloudsly to see for this Man; when I came to his House, I knocked at the Door, and asked if Daniel was come home? they said, No, and asked me what I wanted with him; I said I heard he was out of Work , and I could help him to a Jobb; his Wife said he went to London in the Morning, and would not be at Home that Night ; we went out of the House, says John Miles , I will be hanged if he is not at Home; we went in again, looked in the Room and under the Bed, and could not see him - we went into a little Orchard behind the House, and I saw him standing upright; I laid hold of him and asked him, how he could rob my Sister? he swore by G - d he did not know my Sister; I told him it did not signify any thing denying it, for he had got her Bundle, and must go along with us; he said, If I would let him go, he would give us the Bundle, he said he had left it by the Way; I said that would not do, he must go with us; then he said he would fetch us the Bundle; he unlocked the Door of an Out-house, and delivered the Bundle to John Miles ; then he said, For God's Sake let me go now you have got your Bundle: I told him that would not do, he must go with us; so we carried him to the Constable's House, sent for my Sister, and she was positive that he was the Man that had taken the Bundle; then he said he would down on his Knees and ask her Pardon, if she would forgive him, and she said No; how did he think she could forgive him, who, when she was down upon her Knees in the Dirt and Water, would not shew her any Mercy: Then he said, For God's Sake, young Woman , consider I have a Wife and four Children; she said, No, you shall have nothing but what the Law affords you; and she gave the same Account the next Morning, before the Justice; the Prisoner told the Justice, he called to her to take the Bundle, and said he run all the way after her, but could not overtake her.
Sarah Smith being asked where the Bundle was during the Time of the Struggle, she said at first it was in her upper Coat, but that she was afterwards in such a Fright, that she could not tell whether he took it from her, or took it off the Ground.
John Miles confirmed the Evidence of John Smith , with this Addition, that the Prisoner being asked how he could rob a Person who worked hard for what she got as well as himself, said, God forgive him, he had forsaken all Labour this Fortnight past, and they all said they were sorry for it; that he farther said, he had not done it if he had not been put on to do it; to which it was reply'd, no body but the Devil put him upon it - that he owned he gave her a Push, and her Foot slipped, and she fell down into the Briers.
Prisoner's Defence. The young Woman and I came almost from London together; when we came to Mr. Green's House, there is a Stile, and she asked me to carry her Bundle, I put my Stick cross the Bundle, and laid it over my Shoulder, when I came to the last Stile, I asked her to get over, she was almost
William Bristow . On the 28th of December, I was coming from Acton, about a Quarter after 5 o'Clock in the Evening, as I was coming along the Field, a little below Mr Green's House, I met the Prisoner and a Woman along with him, but I cannot tell whether I should know her again if I saw her; the Man was foremost, her Hat blew off and she went back to fetch it; when I past him, he said, Good Night Master, and I said, Good Night John; he had then a Bundle or Hand-Basket, upon a Stick on his Shoulder - it was Moon-light, and light enough for me to see, I passed by them, looked after them, and stood still some time, and after she had pick'd her Hat up she run after the Prisoner - when I met them I believe I was about 100 Yards off the Stile she speaks of - I could not be 200 from them, at the Time this happened - if she had cried out I think I must have heard it, because the Wind blew the Way that I was going, and if I had heard any Noise I should have gone back again - I did not perceive she had any Bundle, I think if she had I must have seen it, if it had been in her Cloaths - I think I can take my Oath she had none at all.
Bristow. I do not know what I said in Company , but what I have sworn to is true, Smith said, that the Prisoner declared, a Man he met persuaded him to rob her: said I, That is calling me Thief by Craft, because I was the Person that met him. - I did say, that if he had not said these Words I should not have troubled myself about it; but as he called me Thief by Craft, I said, I would come in Favour of the Prisoner; and I believe this Prosecution is carried on for the Sake of the Reward.
Bristow. No, I can safely say, I did not say that, because I met a Man by the Field Side and staid and talked with him.
Banks. Seakings, Arnoid, Reynolds, Whittle, Peggs , Freeman Prince, and Bristow, have known the Prisoner several Years; some of them twenty all agree that his general Character is that of an honest Man, and always behaved well; and some say, if he was clear of this they would employ him as soon as any Man in England.
The Jury then withdrew, and after staying out for an Hour, brought in a Verdict Guilty , Death .
Robert Cumming . There was a Copper-Boiler stole out of the Ship, called The Ann, which I was Mate of at Deptford , the 1st of October; it was an uncommon Copper, it is near an Inch thick, it was a Copper Teach which they boil their last Sugar in, in the West-Indies; we brought it over upon Freight; the Prisoners worked on board the Ship three Days, but they did not work on board when the Copper was stole.
John Davis . I live in East-Smithfield. On the 13th of December, I saw Conwon coming along with a large Piece of Copper upon his Back, Friend, said I, did you come honestly by it? he made use of a great many aggravating Words, and said, He was going with it to Mr Whitlock's, in Houndsditch ; then I thought he might be that Person's Servant , and let him go; I thought it was but a little Way to Houndsditch and intended to go and watch them, there was another Man had another Piece; I watched them, and the Prisoners pitch'd upon Justice Dennet's Bulk and call'd Coach, and agreed, for two Shillings and a full Pot of Beer, to go to the Seven Dials, then I thought I was right in my Suspicion, and acquainted Justice Dennet with it; he sent for a Constable, we carried them both into his House and he examined, them seperately; Bragg said, It was handed over a Ship's Side to them, and Conwon said, He found it in a Street near Shadwell-Market; the two Pieces of Copper appeared
Several appeared to the Character of the Prisoners . Both Acquitted .
But it appearing, by all the Witnesses, that they could, without the Help of a Lamp, distinguish one Person's Face from another's, it could not be Burglary. Acquitted .
124 Martin Stevens was indicted for breaking and entering the Dwelling-House of Samuel Bishop , about the Hour of 4 in the Night, and stealing 4 Brass Cocks, Value 3 l. 1 Copper Hand, Value 2 s. and 200 lb. wt. of Lead, Value 24s. the Goods of Samuel Bishop , Dec. 10 .
Samuel Bishop . About the 10th of Dec. I missed 4 Brass Cocks, about 70 lb. wt. and several hundred wt. of Lead, tho' I laid but 200 lb. in the Indictment; I advertised them, with a Reward, Mr. John Newton , a Founder, had bought these Cocks, and came and told me of it; I saw them in his Custody; two he bought of John Fasson , and two of Mary Wilson . John Fasson owned he bought them, but Mary Wilson is fled: There is one Causbee , who I believe is entirely innocent of the Fact, was prevail'd upon to go and sell them. The Prisoner owned the selling of them, but said he did not steal them.
William Newton . The Prisoner and I worked for Mr. Bishop; I went to work there about the latter End of June, and on the 8th of Dec. last, about 4 o'Clock in the Morning, the Prisoner came to me and desired I would go with him to take these Cocks which we had agreed to steal; I got upon his Shoulder, and went in at a Two-light Window over the Door, into the Still-house, which was never glazed (Mr Bishop was then building a new Warehouse) when I got in, I unbolted the Door, and let the Prisoner in, three Times, on the 8th, 9th, and 10th of Dec. and took away about 200 wt. of Lead; we sold the Lead and two of the Cocks to Mrs Wilson, in White-cross-Street , I was present at the selling of them: The Prisoner told me that he and Causbee sold the other two Cocks.
John Fasson . On the 8th of Dec. about 11 o'Clock in the Day, the Prisoner and one Caushet came to my House, and told me they had two Pieces of Brass to sell, and if I would buy them, they would fetch them. Stevens staid in the Shop, and Causbee went to fetch them. While he was gone, I enquir'd where he lived; he said, in Wood's-Close, and Causbee in Clerkenwell-Green: They asked me 6 d. a Pound. I told them it was coarse Brass, and I bought them at a Groat a Pound: There were 52 Pounds; it came to 17 s. 4 d. and I paid the Money to Causbee, and that Afternoon I sent the smallest to Mr Newton, to know what he would give a Pound, and he sent me Sixpence per Pound. I sent the other, and Mr Newton said, that such Things were lost; that he supposed they belonged to Mr Bishop, for he had advertised them. Mr Newton acquainted Mr Bishop with it. I went to Mr Bishop's House, and he desired me to produce the Persons that brought them. I told him I would use my Endeavours; and without much Difficulty I found the Prisoner; he told me the right Place where he lived, I informed Mr Bishop of it, and he got a Warrant backed, and took him on the 28th of January, and on New-year's-day I saw Causbee go by my Door, and apprehended him.
Samuel Causbee . About the Middle of December the Prisoner desired me to go along with him to sell two Brass-Cocks: We went to Mr Fasson's in St John's Street: I was the Agent; I sold them for a Groat a Pound; they came to 17 s. 4 d. I took the Money off the Compter, and gave it to the Prisoner, and Stevens treated Fasson with half a Pint of Gin. I never troubled myself in any such Case before in my Life.
125. Thomas Clark was indicted for breaking and entering the Dwelling-house of Samuel Bishop , about four in the Night, and stealing one Gallon and an Half of Brandy, Val. 9 s. and six Gallons of Shrub, Val. 24 s. the Goods of Samuel Bishop , November 10 . Acquitted . *
* There were two other Indictments against the Prisoner for Burglary and Felony in the same House: The Evidence against him was William Newton , who was the Evidence in the former Trial. The Prisoner produce a several Persons to his Reputation , and Mr Bishop himself gave him a good Character. The Jury acquitted him of all the Indictments; and recommended Stevens, whom they had before found guilty, to the Favour of the Court.
John Ellis of St James , Westminster , was indicted, that he, after the 24th of June 1731, to wit, on the 27th of December 1742 , did steal five Yards of Leaden Pipe, fixed to the Dwelling-house of James Scudder , against the Form of the Statute .
John Robinson . I went into the Back-kitchen, found the Leaden Pipe was cut off and carried into the Fore-kitchen: I went down with two Neighbours, and catched the Prisoner behind the Back-Kitchen-Door, at the Foot of the Stairs. Says I, What business have you here; it looks as if you had been cutting the Pipe down. He said, he was going by accidentally, and going to the Vault in the Yard, he heard somebody go down Stairs, and followed them to see what was the Matter: I looked upon his Hands, and they seemed to be all over Lead.
127. Hannah White was indicted for stealing a Chimney-Glass, a Hand-Bell, a Pistol, a Fishing-Rod, a Brass Candlestick, a Piece of Green Cloth, 2 Pokers, &c. and a Book entituled , Dr Anderson's Royal Genealogies ; with sundry other Books , Dec. 27 , the Goods of Thomas Thompson .
Mr. Thompson . I have a little House at Weybridge ; my Study was broke open and I lost the Things mentioned in the Indictment, with several other Books. - There was a second Robbery; this Book, Dr Anderson's Royal Genealogies, was found among the Books taken in the second Robbery, which was the 14th of Dec. they cut through the Wall of my Summer-house, and threw out one hundred Books more than they took away; I found them upon the Ground in my Neighbour's Orchard; they took away seventy Octavo's, Quarto's and Folio's; twelve Volumes of Rapin's History, in Octavo, &c. after making the best Enquiry I could in that Town, I came to my Bookseller, and desired him to print Notes to give among the Booksellers; a little while after, Mr. Taylor, the Bookseller, came to me and desired I would come and see some Books which he had; there were Anderson's Genealogies , and all the Books in the Indictment, except the first Volume of Rapin's History, which was in another Place; these are the Books I lost, and which I had of Mr Taylor. I believe this is my Pistol.
Thomas Taylor , The Prisoner has been with me twice with Books; the first Time she brought me Dr Anderson's Royal Genealogies, which she wanted to exchange for a Family-Bible; I shewed her one very hansomely bound, and she sold me Anderson's Genealogy, for this Bible and 3 s. in Money, and she said, she had other Books to sell; and on the 15th or 16th of Dec. she brought eleven Volumes of Rapin's History; all the first 12 Octavo Volumes, except the first, 3 Volumes of Shaw's Bacon, the first Volume was not among them; Pemberton's View of Sir Isaac Newton's Philosophy, and the sixth Volume of Bundy's Roman History; and I said, She could not expect to have the same Money for them as if they were compleat, and I would have had her have made them compleat, but she said, she wanted Money, and was willing to dispose of them; I said, I would give her 2 Guineas and an half for them, and would buy the rest when she thought fit to bring them: She said, she lived at Mr. Wilkins's , in Pye-Street; I said, I would bring her the Money there; she said, No, she could not do it; I said, I must know whether you live there or no; she said, I might satisfy myself when I would; I told her, I would go along with her, and that she need not be afraid of her Money: She did not care for that, she said, she had no Occasion to trust me, and wondered what I meant by it, and said to the Man that was along with her, Put them into the Basket and carry them away. No, said I, Madam, I have bought them, and so I gave her the Money, and she gave it to the Man who brought the Basket; and when I came to Tutik-Street , the Man went away, so that I saw no more of him; said she, I will carry you to Mr How's in Pye-Street , whom I lived with, and he will satisfy you as to my Character: Mr How was not at home, but Mrs How came and gave her a good Character; and when Mr How came in, he said, he believed she was a very honest Woman; but still she did not care to let me know where she lived; she said, that she owed her Landlord some Money, and must not let him know she had received any; I told her, I would be satisfied; then she spoke to Mrs How, and they went into a Room together, and while I was talking with one Mrs. Waters about it, (that I would secure her if she did not make it out, that they were her Property ) she was gone; said I, Where is Mrs White? they said, She was gone to the Little-house; and so she made her Escape though those People heard me threaten her with a Constable: In 2 or 3 Days there were some Hand-Bills delivered among the Booksellers, to acquaint them, that such Books were stole: These are the Books I bought of her, they are very remarkable; when Mr Thompson came to me, I went to Col. Deveil , and said the same I do now: I went to Mr How's and asked a young Woman, who lodges in the House, where
Thomas Harris . I found there the Green Cloth that covered the Table, and a Chimney-Glass; this was after White was in Custody - that is the Pistol that was taken out of the House; I know it because it has been in my Custody ever since; there was a Crack in it, just at the Butt, and it is filled up with Wax.
Prisoner. I lived as a Servant with William Lefford , who lived at that House which Mr Thompson searched for his Goods, and they were my Master's Property, as far as I knew; and it is very unlikely that a Woman with a young Child should go to Weybridge , in Surry , to steal such a Parcel of Goods as Mr Thompson says he has lost.
Katherine Hayes . I was in the House, and saw those Books delivered to Mr Lefford's Kinsman, John, and the Prisoner and he went out together, and I saw the Money that John brought back, there were 2 Guineas, and 10 s. 6 d. in Silver, and he delivered it to Mr Lefford , for the Books. I saw Mr Lefford pay her a Guinea for Wages, the Day after last Christmas Day.
Thomas Whiting . The Prisoner's Husband kept a Publick-House at Egham , and had a very good Character; I have been come from thence about two Years; about a quarter of a Year ago I met her, and she said she kept a Man's House somewhere by Chelsea.
128. + William Smith was indicted for breaking and entering the Dwelling-house of James Jeffs , about the Hour of 12 in the Night , and stealing from thence 7 Pewter Dishes, 3 Soop-Plates, 28 Pewter Plates , &c. the Goods of James Jeffs , December 10. 1741 .
James Jeffs . I have a Country-House at Hampstead ; I left it the Beginning of Dec. last, I locked the Kitchen-Door when I came from it, and put a Padlock upon it, and when I went there, on the 16th or 17th , I found the Padlock off, the Brick-work was broke into a Foot and an half, and the Post of the Door, where the Staples go in, was cut like an Half-Moon, and the Door was cut in the same Manner, that they might come easy to push the Lock back; I found all the Pewter and Goods gone out of the Kitchen, except a large Copper: I advertised these Goods, in order to come to the Knowledge of them, and I did not expect to hear any thing of them, till somebody came to be tried for a Robbery; but last Tuesday two Men, one whose Name is Hambleton, came to my House in Town, and said if I would come to Justice Wroth's, I might see a Basket of Brass and Pewter, and the Justice desired I would see if any of them were mine, and I found my Cullender, one of my Soop Plates, and the Winder of the Jack.
John Smith . About a Fortnight before last Christmas was 12 Months, the Prisoner said to me, That House looks as if there was something in it, and we agreed to rob it, and at 12 at Night cut the Door and Door-post with a Knife, and we brought a great many Things out of the House, put them into a Bag, and carried them as far as the Long Field, and put them into a Pond, and fetched them the next Morning , before it was light; he took away his Part, and I took away mine. - I never carried any thing to the Prisoner's House ; I have seen the Cullender in Smith's House, in Old street .
William Hambleton . I am a Recruiting-Serjeant; the last Witness enlisted with me in Col. Wolf's Regiment of Marines last Thursday, and continued with me to the 10th of Jan. and then he brought another young Man, in order to enlist him: There was a Fire made for them up Stairs at our House (I keep a Publick House, the George Alehouse , at Windmill-Hill) they broke open a Cupboard there, and I found 4 Guineas and some Silver upon the Witness, so I carried him before Justice Wroth, in order to bring him to Justice, and he desired to speak to the Justice, and acknowledged that he and the Prisoner had broke open a Gentleman's House at Hampstead, and made himself an Evidence, I went with a Search-Warrant to search the Prisoner's House, and found the Cullender which is produced in Court, the Jack-Winder, and a Padlock Key in the Chest where we found the Soop-Plate, the Cullender was in a Cupboard upon an high Shelf.
John Smith . This is the Key of the Prisoner's Stable where he keeps his Horse; these are all Picklock Keys (there were 5 in the Bunch) I do not know whether these were made use of at Mr Jeffs's; they never were in my Custody .
Martha Boot . In November last I was at the Prisoner's House a washing, Mr Smith was not at home; John Smith comes in with a green Bag upon his Shoulder, and desired Mrs Smith to let him leave it. She asked him what was in it; he said, something that his Mother had left him. Mrs Smith opened the Bag, and there was a Pewter Cullender, a Handle of a Jack, two small Dishes, or Plates, I cannot tell which, some Knives and Forks, I cannot tell how many. - I live at Richard Green's in Swan-Alley, in Old-Street; I am a Buckle-Maker, and work for Richard Green; I can swear to that Cullender, but I do not know the Mark: I lived with Mr Young in Old-Str eet.
Prisoner. And please you, my Lord, if the Troop had not been gone to Flanders , I should have had all the Officers of the Troop to have appeared to my Character. Acquitted .
131, 132. + William Woodcock and Mary his Wife were indicted for stealing a Coat, val. 20 s. a Waistcoat, Val. 15 s. a Pair of Breeches, Val. 5 s. a Crape-Gown, Val. 15 s. one Pair of Stays, Val. 10 s. and two Pair of Sheets, Val. 14 s. &c. the Goods of William Goudy , in his Dwelling-house , Dec. 3 .
His Majesty having been graciously pleased to extend his Mercy on certain Conditions to
The Trials being ended, the Court proceeded to give Judgment as follows.
Received Sentence of Death, 11.
Honor Cavenagh , 119
Katharine Kelly, 117
John Tigh, 85
Transportation for 14 Years, 1.
Transportation for 7 Years, 23.
John Mullener, 90
William Woodcock, 130
Burnt in the Hand, 2.
His Majesty having been graciously pleased to extend his Mercy on certain Conditions to