JUSTICE-HALL in the Old-Bailey, on the 13th, 14th, and 15th of April.
In the 16th Year of His MAJESTY'S Reign.
BEING THE Fourth SESSIONS in the MAYORALTY OF THE
LORD-MAYOR of the CITY of LONDON.
Printed, and sold by M. COOPER, at the Globe in Pater-Noster-Row. 1743.
BEFORE the Right Honourable ROBERT WILLIMOTT , Esq; Lord-Mayor of the City of London, Lord Chief Justice LEE, Mr Baron REYNOLDS , 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 County of Middlesex.
William Johnson . On the 19th of March in the Evening, the Prisoner brought this Piece of Goods to my Master's, Mr Gimault's, and offered to pledge it, and I stopped it and the Person, under a Suspicion of its being stole, and carried her before Justice De Veil, who committed her. - This is the very Piece she brought to me to pawn.
Q. to Moore. Are you sure this is the Piece of Goods that was lost out of Mr Ayres's Shop?
Moore. This is the very Piece I lost.
William Johnson . I have seen the Prisoner at our Shop before she brought this Piece of Goods; I believe she might bring some odd trifling Things of her own before, but I cannot be positive. - I stopped her when she brought this, because I thought it a Thing of too much Consequence for her to be the Owner of. I asked her how she came by it, and she said the Person she had it of was gone into Chancery-Lane.
Prisoner's Mother. A Fellow-Servant of my Daughter's gave her this Piece of Cloth to pawn, and she unfortunately carried it to pawn. I believe she had no Suspicion that she came dishonestly by it. She lived Fellow-Servant with her. She is a French Woman, her Name is Crushee. My Daughter came to me, and the Person called upon her while I was in the Room. - I think it was on Saturday was three Weeks.
Q. How do you know this Woman brought this Piece of Cloth to your Daughter?
Prisoner's Mother. My Daughter had been out at Service, and had been come Home but three Days. I know that Woman has brought several Things to her.
Q. Do you know any Thing of her bringing this Piece of Linnen to your Daughter?
Richard Carr . I keep a Publick-House at the Sign of the Bell in>Sidney-Alley, by Leicester-Fields , and sell Stockings besides. - They lie out upon a Place like a Bulk under the Window; he took one Parcel of them, in which were fourteen Pair; the Stockings were dropped in the Street, about ten or twelve Yards from the House.
- Charlton. I was in my own Shop over-against Mr Carr's, and saw the Prisoner lift up a Blue Cloth, which lay over these Stockings, and take a Parcel of them away, and put them under a ragged Sort of an Apron. I called out, Carr, Carr, There is a Fellow has got some of your Goods away. I did not run after him, because I had no Body with me in the Shop, but he was pursued, and taken in Princes-street.
- Weldon. I saw the Prisoner run along with a Bundle of Stockings, and just by my Door he dropped them. I called out to some People to stop him, and they did stop him, and the Prosecutor came up and seized him. - I believe this to be the same Bundle that he dropped, for I was just by when he was taken.
Carr. My Wife picked the Stockings up in the Street, and I ran after him, went up to him, and took him hold by the Collar; by that Time there were some other Persons about him, and he said, Gentlemen, take Care what you do, don't use me ill.
Q. What Time was this?
Carr. As high as I can tell it was between two and three o'Clock in the Afternoon.
Prisoner. I was going along, and some People tried out Stop Thief; and so a Man stopped me, and said I had stole some Stockings; I said I knew nothing of the Matter. I am entirely innocent of the Fact. Guilty .
Matthew Smith . I keep the Cripple in Walbrook . On the 1st of March, as near as I can tell, my Wife brought the Keys to me, and said she had kept the Money in such a Drawer; there were nine Guineas and some other Money. There came a Man that Night, whose Name is Pearse, he was a little suddled, and had Victuals and Drink, and paid me very honestly for it; and I was told that the Prisoner had given the Money to him; on the Tuesday afterwards I went up to change a Guinea for one Mr - a Neighbour; that is, Mr What d'ye call him, the Apothecary. -
Q. What Mr. What d'ye call him?
Smith. For Mr Matchin, the Day afterwards, let me see what is his Name? however, a Gentleman came to get Change for a Guinea, and I miss'd three Guineas; my Wife and I were both surprized, I thought she might have paid it away, and she thought I might; she took the Cook-Maid up first in order to examine her strictly about it; and she said, she knew nothing of it; afterwards she took my Daughter up and examined her, then she took this Girl, Mary Cooke , up, and examined her very closely, and she said, she knew nothing of her Gold; however, I went for her Uncle, and he came and cursed and swore, and damned her for a Bitch, and said she had it; and they had her Cloaths pull'd off to search her whether she had it or no; but we could not find it upon her: I went to Sir Edward Bellamy for a Warrant, and she owned to Mrs Robinson and Mrs Bowen, that she had taken three Guineas and given them to this Pearse.
Q. How came she to confess this?
Bowen. I do not know unless it was in her Fright - she did not say where she had it.
A Witness. I am a Waterman. I have used the House that her Uncle kept some Years, and never knew her wrong any Body - she said, she had the Money, but where she had it, or where it came from, I cannot tell; she said, she had three Guineas, and that she gave it to Pearse.
Q. Did she say where she had the Money from?
Witness. No, she did not.
The Prosecutor said, he thought the Witness had said, she owned she took the three Guineas out of his Box, and gave it to Pearse, but the Witness said, he did not hear her say so.
Q. How came she to tell you this?
Witness. Because her Uncle bid her, if she had taken any Thing from her Master to own it.
John Wynde , of St Sepulchres , was indicted for stealing a Calf's-Skin, val. 4 s. the Goods of Robert Leake , and John Remmington , August 20 .
Robert Leake . I lost several Calves-Skins, but one in particular; Mr Remmington and I were Partners in Calves all the whole Summer; on the 21st of August, in the Morning, I enquired into the Weight of my Beef, and other Things, and had a Fancy to have this Calf's-Skin weighed, and it was not to be found, Hey, said I, is this gone the same Way as the others went? so I went to Mr Remmington and told him, I had lost another Skin; I went over the Water, among the Tanners, to see if I could find my Skin, and I found it in the Possession of one Freeman , a Tanner, in Long-Lane; according to the Prisoner's Confession, he stole it about 10 o'Clock at Night, on the 20th of August.
Q. How do you know it to be your Skin?
Leake. I am very sure of it; it was a very remarkable Skin.
Q. What Colour was it?
Leake. It was White if you please to call it so, only it had a little Spot or two in it of a Brownish Colour - I did not mark it, but I know the Mark.
John Remmington . I was Partner with Mr Leake in this Skin, that was sold to this Tanner; I knew the Skin again by an J. which was upon the Hip; when I had found it out, says I to the Prisoner, John, how came you to be guilty of such a Thing ? said he, I never robb'd you. Why, said I, did not you rob Mr Leake, and if you robbed him of that Skin you robbed me; said I, I am sorry you should be guilty of it. He denied it, but after he found I had come at the Skin he confess'd it, and said, he would give a Guinea for the Skin, or any Thing to make it up.
- Freeman. I am a Tanner. I bought a Calf's-Skin of the Prisoner that very Day that Mr Leake came and claimed it in my Yard.
- Smith. I have known the Prisoner a great many Years, he is a Currier , I have known him from an Infant, he worked for my Husband 12 Months, and he behaved very well - as a just and honest Servant, and I do not think he would be guilty of Theft, or Felony, and was he to be clear of this Fact, I would employ him again To-morrow - I live in Black and White-Court in the Old-Baily: Your humble Servant, Sir.
- Deval. I am a Currier. I have known the young Man these 12 Years; he was my Servant better than a Week - he came as a Turn-over to me; I believe he is an honest Lad, I never suspected him, nor never missed any Thing, though I have frequently trusted him.
Jury. How came you to turn him over then?
Deval. My Mother and he could not agree, and I would not offend her in such a Case as that; that is the Reason.
John Parnel . He was my Servant, and the Reason of my parting with him was, that I had not Business to employ him; I never lost any Thing while he lived with me; I have often trusted him with Goods and he never wronged me.
William Best . I am a Currier, and keep a Publick-House. I have known the Prisoner 20 Years, and never heard any Thing amiss of him. I do not think he would be guilty of such a Fact - I think he was 22 Years of Age last January.
- Carruthers. I am a Carpenter and Victualler. I have known him several Years, and never heard any Ill of him; he has a very good Character for any Thing that I know.
Leake. The Prisoner confessed the taking of the Skin; I can tell you more of it if you would have any more. Guilty 10 d .
Edward Read . The last Witness is my Uncle; the Prisoner stole from him a Cloaths-Brush, a Hair-Broom, and one Pound of Hog's Bristles, on the sixth Day of March: The Prisoner is a Brush-Maker , and works for my Uncle.
Q. How do you know he stole those Things?
Q. Was you privy to his taking them?
Q. How came he to tell you of it?
Edward Read . He would have had me have had Part of the Money, but I told him, I would not have any unless he would let me have all to give it to my Uncle - I am almost 15 Years of Age - I never took an Oath before.
Prisoner. I know nothing of what he says, he has swore very falsely against me I am sure.
William Stinson . I knew the Boy before he went Apprentice, his Father lives just by me at Islington; when he was at home with his Father he behaved well; I never heard an ill Character of him before, and am sorry to hear it now.
The Prisoner's Father. This Kinsman of Mr Read's had lost 10 s. out of his Pocket, or else he said, he would not have spoke of it, and that he was frightened into it; Mr Read said, the Boy had lost 10 s. out of his Pocket.
Jury. Why did not you speak of it directly?
Q. Did you lose ten Shillings?
A Witness. Mr Read told me, that he believed the Boy would never have told him, only upon the Account of his losing the 10 s. - that the Boy was frightened at his losing the 10 s. or else he had not known any Thing of the Matter.
Another Witness. I lived about 18 Years next Door to the Prisoner's Parents; they were very honest industrious People, and I never heard any Ill of the Prisoner before.
Another Witness. I worked for his Father as soon as he was born, and never heard any Ill of him before; he lived at home till he was about 14 Years of Age; he has been out about 5 Years; he was a Turn-over to the Prosecutor. Guilty 10 d .
Charles Vere . The Prisoner came into my Shop the 23d of March, and asked to see some China-Basons, and bid Money for one; and as the Person that served her looked another Way, she took an Opportunity, as it is imagined, to conceal one under her Cloak; she went to the next China-Shop to see some Plates, and while the Person that served her went to take some Things off the Shelf, she took a China-Dish. My Bason was found upon her; my Neighbour came to me, and asked me, If she had bought a China-Bason of me: I said, No: says he, I took this Bason from her. - This is my Bason; here is my own Hand-writing upon it; I am sure I had it in my Shop that Day.
Q. How came you to take it from her?
William Casebury . I live with Mrs Ashbourner, who keeps a China-Shop not far from Mr Vere's: We were all at Dinner except my Mistress, who was in the Shop; the Prisoner had stole a Dish, and my Mistress had taken it from her; I followed the Prisoner to see if she had got any Thing else; she had a Bundle along with her; I think it was under her Arm; I desired to see what was in it; I looked into her Bundle and saw this Bason, and took it out of her Bundle; she came back along with me, or the Mob brought her after me, I am not certain which; when she came into the Shop, our Man turned up the Bason and saw this Gentleman's Mark upon it, for he knows his Mark.
Prisoner. I went into the City to buy something, and went into this Gentleman's Shop, and asked to see some China-Basons; he shewed me two Basons; I asked him the Price; he said, he sold them generally for 18 d. but I should have One at 17 d. I bid 14 d. and afterwards 14 d. Half-penny, and came out of the Shop; - it was not this Gentleman that served me; and as I went down the Street, I met two Acquaintance of mine, who were going to the other End of the Town; there was a China-Woman coming by, and I bought this Bason of her, and gave her 15 d. for it, and she had one Plate which was like that: Pray do not you sell these to the People who sell China about the Streets?
Vere. Very frequently; but I had not sold any to them that Day.
Catherine Mackenzie . I had been at Tower-Hill, visiting a Friend of mine, who was ill. and was going to the other End of the Town, and met this Alice Burk , in Fleet-street, a little beyond the Fleet-Market; I asked her, how she did, and how her Children did, and told her, I was glad to see her; and that I had some Work for her, and desired her to come to me; and as I was talking to her, this Basket-Woman came by with some China, and the Prisoner asked her, if she had any Enamelled China; and the Woman shewed her this Bason; she asked her the Price of it; she said the selling Price was 15 d. and that she would take no less: Said I, Alice, do not buy any China To-day, for you are a little disguised, and you will break them; I saw her pay 15 d. for the Bason and desired
Q. What Day was this?
Mackenzie. It was this Day three Weeks. - It was a blue and white Landskip, with a blue Spot at the Bottom, (the Bason was produced, and she was asked whether that was the Bason) it was this Pattern, but I cannot swear to the Bason. - It was such a Pattern, white on the Inside, with a little blue at the Bottom as that is.
Ann Tipper . I was coming from Tower-Hill with this Gentlewoman (Mrs Mackenzie) and met Alice Burk in Fleetstreet, she said she was going to buy some China; I told her she had better let it alone till another Time, but she said she must do it for Fear of disobliging a Friend; and she bought a Bason of a Woman who had some China in a Basket.
Q. Is that the Bason?
Tipper. It was this Pattern. (This Evidence did hardly look at the Bason).
Mary Innys . I have known the Prisoner these three Years, she has worked with me a Year and an half at a Time, at Quilting and Mantua-Making , and worked from six to six. I have trusted her with valuable Silks, and other Things, and she never wronged me of any Thing. I never knew her to wrong any Body of a Half-penny. On the 23d of March, she came to me for fourteen Shillings that I owed her. She said she was to buy some China for a Person, for she had broke some, and was obliged to make it good, and I gave her a Glass of Wine and paid her.
Mr - . The Prisoner, when she was at her Liberty, was a Lodger of mine, and behaved honestly and honourably in my House; she has looked after my Wife in Lyings-in. I have trusted her with all I am worth, and she never wronged me of any Thing. I know her to have worked hard for her Living. - I am a Carpenter and Undertaker.
Jury to Mr Vere. Did not you sell any Basons of that Kind that Day?
Vere. No Bason of that Kind was sold that Day either by me or my Servants.
Court to Mackenzie. Can you swear that is the Bason you saw her buy that Day?
Mackenzie. No, I cannot.
Fortman of the Jury. I desire to know the Character of those two Women who were the two first Witnesses, where they live, and what Business they follow?
Mackenzie. I am a Milliner by Trade, and live in Tower-street, facing a Cheese-Monger's. - I have lived there ever since before last Christmas. - There is a Silk-Soowerer lives at next Door. - I do not keep a Shop, I work in my own Apartment; my Sister and I live together.
Q. Whose House is it at?
Mackenzie. He dresses Dolls for the Shops. - I do not know his Name. I am so frightened I can hardly speak.
Mrs Innys. She lives in Black-Swan-Court now; it is in Mr. Reed's House Guilty .
Hannah Ashbourner . On the 23d of March, the Prisoner at the Bar came into my Shop, and asked for some enamelled China Plates. I turned my Back to her, and took some off the Shelf; I showed them her, and told her the Price; she said they were a great deal too dear; I told her I could not take much less. She said she must have them cheaper, for she had broke three of a Gentlewoman's Plates, and that the Gentlewoman said they cost her 4 s. said I, you had better give the four Shillings to the Person; she stood humming and hawing and would not stir; said I, Good Woman, you had better go away; says she, look a little farther; said I, Prithee go about your Business, and I espied under her Arm something of China; thinks I, she may have been somewhere else and bought some. When she was got two or three Steps from the Counter, said I, Mistress, What have you got there? So I took hold of her, and saw my own Dish. I was almost frightened to Death. Said I, Oh, you Bold Face, you have got my Dish. I called up my Servant, and said, This Bold-Face has stole my Dish. She wanted to put the Dish down; I took the Dish from under her Arm; she had a short Cloak over it. I was glad to get my Dish, and I let her go. Says some Body, have you lost nothing else? Says the Boy, I will run after her and see; so he went over the Bridge as far as the Pastry-Cook's; says he, I am come to see whether you have any Thing else of my Mistress's; and she and the Bason were brought back to my Shop.
Prisoner. The Dish lay upon the Counter; I did take the Dish up in my Hand, but with no Intent to steal it, or of covering it, but my Short-Cloak fell down over it, and the Gentlewoman thought I
Jeremiah Mascall . About the 27th or 28th of February, I saw the Prisoner in Botolph's-Wharf Gate-Way , and thought he had got something more than he should have. I found Sugar in his Apron, and in the Inside of his Cloaths, in his Bosom, besides what he had got in his Apron and Handkerchief.
Jury. Had he no Pocket?
Mascall. No, he had no Pocket at all; the Sugar would have fell through between his Coat and Waistcoat if he had gone far. When I laid hold of him he seemed to be in a Fit, or drunk, or not well, and was very rustical, and I was obliged to get a Cart to carry him. He would not acknowledge any thing till he found he was mastered, and I had got him into the Cart; and then he said he had got the Sugar under Botolph's-Wharf Gateway. - He is a Person that goes about the Keys to pilfer what he can.
Q. How do you know that?
Mascall. I know it very well, he was in the House of Correction two or three Days before that for the same Practices. - He owned he took it out of the Warehouses.
Q. How has he an Opportunity of doing that?
Mascall. The Cooper's Servants go into the Warehouses to draw the Casks for Samples for Sale; and I do apprehend they might leave the Doors open, and that he might get in that Way, - they are very apt to leave the Doors open. Guilty .
189. + John Mackay , of St James's Westminster , was indicted for stealing three Holland Shirts, val. 30 s. two Pair of Stockings, val. 7 s. one Muslin Neckcloth, val. 2 s. two Cambrick Stocks, val. 2 s. the Goods of Robert Dalrymple . One Holland Shirt, val. 10 s. and one Pair of Stockings, the Goods of Sir Hugh Dairymple . One pair of Stockings, and a Cane with a Pinchbeck's Head, val. 4 s. the Goods of Charles Allen , in the Dwelling House of Sir Hugh Dalrymple , April 11 .
Sir Hugh Dalrymple . The Prisoner was a Servant six Years in the House where I live with Mr Oswald who is a Member of Parliament. I was told he was suspected of picking up Things in the House; I seized him, and had him searched; the Servants can give an Account what was found upon him; I was present when the Things were taken out of a Press in the upper Part of the House, which was under the Lock and Key of the Prisoner. - He was a Sort of an upper Servant to Mr Oswald; he had not wore a Livery for some Time.
Charles Allen . I lodged with Sir Hugh Dalrymple ; that Cane and Pair of Stockings belong to me; he had the Things locked up in his Custody. - I do not know it, I was informed so, I was not present when he was searched; I was there about an Hour after the Scrutiny was made.
Andrew Lowrie . Sir Hugh Dalrymple is my Master; I know of a Shirt of my Master's being found in his Possession; my Master's Name was taken out, and the Prisoner's Name put in - It was in a Press in the Dining-Room; there were two Shirts of my Master's Brother, Dr. Robert Dalrymple , Doctor of Physic; there was a Cane taken out of the Press up two Pair of Stairs. - I saw a Pair of Stockings belonging to Dr Dalrymple, but I did not see any belonging to Mr Allen. - This Shirt is Sir Hugh Dalrymple 's; this belongs to Dr Dalrymple, and was taken off his Back; the other was taken out of the Press.
Francis Taylor . I saw this Shirt taken off the Prisoner's Back, in Sir Hugh Dalrymple 's House, in New Berwick-street by Soho-square , last Monday Night, it belongs to Dr Robert Dalrymple . - The Prisoner had the Keys of the Press where the Things were found. - No Body had a Key but himself that I know of; there were three Canes taken out of the Press, one was Mr Allen's, another the Footman's; who owned the other I cannot tell.
George White . I saw these Things in the Prisoner's Custody, with Lock and Key upon them; there was one Shirt of Sir Hugh Dalrymple 's, and two of the Doctor's; one was numbered and marked with the Letter D the Name is taken out of one of them, and the Prisoner's Name put in. I saw a Cane of Mr Charles Allen 's, a Silver-Smith, taken out of the Prisoner's Custody where the Linnen was, which I have seen in the Gentleman's Hand several Times before it was missing. When the Prisoner was taken up and carried before a Magistrate, he did confess the taking of these Things, and begged for Forgiveness.
Prisoner. The Gentlemen all lodged in one House, and the Shirts were left carelessly about in the Rooms where the Gentlemen shifted themselves, and might be moved from one Place to another; the Doors were all open; I did not steal any of them. My
William Simms . I am a Wheelwright . In the Night between the Sixth and the Seventh of December, I lost three Cart-Wheels, they were found upon the Prisoner's Premises, in a Stable belonging to him; - he lives in a Place called Bagnell's-Marsh, by Black-Mary's-Hole: I am sure they are mine; I went into his House; my Man was along with me, and he called for a Pint of Beer; I saw some Wood burning on the Fire, and asked him, where he got that Wood? he said, he would not tell me; I told him, I would make him tell me; I went into the Stable and found two of my Wheels knocked to Pieces, and the third laid down ready to be broke; they were old Wheels - one was my own, and the other two were left in my Custody, so that I was obliged to make them good - I do not know whether they were marked or not.
William Grub . My Master having lost some Wheels, he desired I would go along with him to see if we could track the Wheels; we tracked them to the Prisoner's Yard, and my Master bid me go forward; I went in and called for a Pint of Two-penny; the Prisoner opened the Door, and there was a Couple of the Spokes of the Wheels upon the Fire; my Master asked him where he got the Wood, and threatened to take him up; he would not tell him, and said, he did not value Mr Sims, and that no Body should take him without a Constable. I said, Mr Clarke, as you are one of the Trade, I would not have you be a Scandal to the Trade: I saw the Iron Streakes of the Wheels which were knocked to Pieces, and there were Marks upon the Streakes which my Master could swear to.
Q. How do you know these Streakes belonged to your Master?
Grub. I am positive they were my Master's Wheels, I will take my Oath of it before your Lordship - one belongs to my Master, and the others belongs to another Person, a Hog-Butcher, (calling him by his Name) you have heard of him my Lord.
Jury. I should be glad to know where these Wheels were when they were taken away?
Sims. I saw the Tracks from my very Gate, all the Way, to the Prisoner's Yard. - They stood close to the Gate in my Yard.
Prisoner. Mine is an open Yard, I have no Fence, any Body might bring them there.
Sims. The Stable they were in opens to this open Yard; I do not know whether it was locked or open.
Prisoner. My Son did put something upon the Fire, but I do not know any Thing how he came by it.
Q. to the Prosecutor. Why did not you prosecute him sooner?
Sims. I got a Warrant to take him up, but I could not light of him; here is a Letter which he sent to me desiring me to be favourable; he confessed the taking of the Wheels before the Justice, and said, he hoped I would be merciful to him and have Compassion on his Children. -
Grub. I was not before the Justice, I did not hear him mention whether he took them or no.
Prisoner. I do not know that I said any such Thing, if I did I was suddled; I had a Friend came to me, and they had given me a little Drink, and that is a Thing I do not accustom myself to.
The Prisoner's Maid. I am a hired Servant to the Prisoner, I have 50 s. a Year; he was taken ill that Night and went to Bed before it was dark - that very Night the Wheels were brought into the Yard.
Q. How came you to remember it was the Night when the Wheels were brought there?
The Maid. Because they were taken away the next Day - my Master did not continue in Bed all the next Day, he got up about Nine o'Clock in the Morning.
Q. Could he have got out of Bed and have gone out in the Night without your knowing of it.
The Maid. One of the Children was sick with him, and I sat up all Night with him and his Child - that very Night before Mr Sims came and found the Wheels in the Yard - I never saw the Wheels; the Prisoner has seven small Children.
Thomas Stubbs . The Prosecutor says one Thing, and the Servant another; I think the Prosecutor is a Man that is not fit to be trusted; I have known the Prisoner several Years, and he always was a very honest Man.
Sims. I missed the Wheels about Eight or Nine in the Morning, that Girl was Mistress of the House then, the good Woman of the House was not at home, she was gone from him with a little Child; I believe she can very well tell whether he was up all Night or no. Guilty .
191. + Elizabeth Sanfield , of Ruslip , was indicted for breaking and entering the Dwelling-House of John Weatherly , about Eleven of the Clock in the Forenoon, no Person being therein ++ and stealing 1 Linnen Table-Cloth, val. 6 d. 12 Pound of Bacon, val. 6 s. one check'd Apron, val. 18 d. the Goods of John Weatherly ; a Short-Cloak, val. 12 d. and a Linnen-Petticoat, val. 12 d. the Goods of Elizabeth Weatherly , March 15 .
++ The robbing a House in the Day-Time, no Person being therein, is made a Capital Offence, by 39 Eli. t. 15. But there must be an actual breaking, and taking to the Value of 5 s.
John Weatherly . I live at Ruslip. On the 15th of March the Prisoner broke my House open between Ten and Twelve, in the Forenoon, when I was out at Work; there was no Body in the House; I was informed, by the Neighbours, that she went through a Farm-Yard, about a Quarter of a Mile from my House, that she had nothing with her then, and when she returned again she was loaded; I followed her by the Description only, and she was in Bed, when I found her, at a House where they lodge Travellers, at Westhide, in an Outhouse; I desired her to let me see what she had in her Bundle; she pulled them out, and I found them to be my own Things; - there was the Bacon, a Bit of Butter and Cheese, and the other Things mentioned in the Indictment: I had her before a Justice, and he sent her to Hertford - When the Neighbours charged her with breaking open the House she did not deny taking of the Things; and said, she was sorry for what she had done. - She said, the Glass of the Window was broke before, and that she put her Hand in at the Window and unbolted the Door.
Q. What Sort of a Window was it?
Weatherly. It was a Glass-Light: The Window was broke, and the Glass and Lead were turned up.
Thomas Nash . These two Men (meaning the Prosecutor and another Man) brought the Woman and the Things to my House; these are Part of them (most of the Things in the Indictment were produced, but not the Bacon).
Mr Ashley. The Prosecutor, John Weatherly , is my Gardener, he was called out about Four o'Clock in the Afternoon, and informed, that his House was broke open, he pursued the Prisoner and catched her about Nine at Night; she was taken in Hertfordshire, about an hundred Yards out of Middlesex, and carried before Mr Capper. - She had made her Confession and signed it before Justice Capper; - I was not present when it was taken; it was sent to me, but Mr Masterman has it in the Country. The Prisoner is a common Stroler. Guilty 4 s. 10 d .
Mary Woodward . The Prisoner and another Woman came into our House, and asked me to broil them some Steakes; and after they had eat them, she and the other Woman went into the Yard; the Sauce-pan stood in the Passage, and when they came in, I saw it was gone; I thought one of them had got the Sauce-pan; the Prisoner was got out at the Door, but I pull'd her in again and took it from her.
Prisoner. A Woman and I, and a Man, went into the Room, and asked for a Sauce-pan to boil a Scrag of Mutton; it is a House that my Husband uses.
Prisoner. I went in and had two or three Pints of Beer, and Mrs Woodward said, You shall not stay you drunken B - h, you never come here but you make a Noise; and the Woman said, We must stay till the Meat is ready: She would not let us have the Sauce-pan, so I laid the Meat on the Gridiron, and the Meat was eating when the Constable came in; she told the Beadle, at the Round-house, If I would pay her what I owed her, she would not prosecute me; I believe my Husband owed her a little Money, but I did not know he had left the House. Guilty 10 d .
John Darke , of St George Hanover-square , Carpenter , was indicted for stealing two China Mugs, val. 10 s. the Goods of Dame Elizabeth Codrington , March 6 .
Thomas Allen . I am a Carpenter, the Prisoner is my Apprentice ; he confessed before Justice De Veil, that he took the two Mugs from my Lady Codrington's. I taxed him with it several Times, and beat him, but he never would tell me how he came by them; but he owned the taking them before Justice De Veil, - he never owned what he took them for; I suppose he took them for something.
John Davis . My Lady's Footman saw them standing upon Mr Allen's Beauset; they were there upwards of a Year. The Coachman has been there several Times, but he never took any Notice of them. - The Prisoner owned before the Justice that he took them from my Lady's. - I did not hear him say with what Design he took them.
Elizabeth Allen . When the Boy was before the Justice, he owned that he took them, but he would never own them to me; they stood in our House in publick View, above twelve Months before they were discovered.
Q. What Age are you?
Prisoner. I am going into the sixteenth Year of my Age.
194. + Peter Campbell , of St George Hanover Square , was indicted for breaking and entering the Dwelling-House of Leonard Hammond , in the Night-Time, and stealing one Case for Knives, val. 10 s. twelve Silver-handled Knives, val. 30 s. twelve Forks, ditto, val. 20 s. Another Case for Knives, val. 10 s. six small Silver-handled Knives, val. 15 s. six small Forks, ditto, val. 10 s. and six small Silver Spoons, val. 6 s. the Goods of Leonard Hammond , February 28 .
Leonard Hammond . On the 27th of February, about a Quarter after Seven, I went Home in a Coach, it was dark; and as I was getting out of the Coach, I saw a Boy loitering about, and asked him what he did there; he said he came to get some Water; and when I came to step into the House, I saw one of the Parlour Windows below Stairs was open, and two Cases of Silver-handled Knives and Forks stand in a Chair, ready to be taken away. I called to the Hackney Coachman, but he was gone. They had taken away two Cases of Silver-handled Knives and Forks. - There are two Lamps in the Yard. I saw the Parlour Window open before I got to the Door of the House. - The Prisoner was taken and denied the Fact. - He threatened to beat this Boy because he offered to discover him.
Mr Hammond. I have Evidence, who heard him say when he was taken, that he should be hanged.
Prisoner. I was at Home by half an Hour after six o'Clock that Night, and did not come out afterwards; I was in Bed by Eight.
Mr Hammond. I went to the House where he lodged, and the Woman said he went out in a Hurry; and that it then wanted but very little of Seven. Acquitted .
195. + John Read , of St Botolph Aldgate , was indicted for breaking and entering the Dwelling-House of Robert Harding , about the Hour of seven in the Night, and stealing two dozen Pair of Steel Buckles, val. 12 s. three dozen Pair of Bath-Metal Buckles, val. 20 s. three Pair of Brass Candlesticks, two Pair of Brass Feet for Stove-Grates, and one Brass Knob , the Goods of Robert Harding , December 8 .
Robert Harding . On the 8th of December last, about seven o'Clock at Night, a Pane of Glass was broke in the Front of my Shop, in the Minories , and I lost the Goods mentioned in the Indictment; (I had been robbed before, by a Pane of Glass being taken out of the same Frame) there were three Shutters put up in the Evening, and two of the Shutters were removed out of their Places. My Shop had been attempted to be robbed the Night before, but the Rogues being disturbed by some of the Neighbours, they moved off.
Q. Was the Shop quite shut up?
Harding. No, it was not. I had a Hatch to prevent People from coming in. - I know nothing of the Prisoner.
David Shields . On the 8th of December last, between seven and eight o'Clock at Night, the Prisoner, John Read , and myself, broke a Pane of Glass in the Shop-Window of Mr Harding, a Brasier in the Minories, and took out about twenty Papers of Buckles; there were both Bath-Metal Buckles and Steel Buckles; several Pair of Brass Candlesticks, and a round Brass Thing, which weighed about seven Pound, and some Brass Feet for Stove Grates. I cracked the Glass with a Knife, and the Prisoner pushed the Glass in.
Shields. We both helped to take the Things out: We put our Arms in and took them out. I sent him Home with an Apron full first, and then I got as many as I could myself, and went Home after him. We sold them in Rag-Fair for 26 s. and divided the Money between us.
Prisoner. What Part had I of the Money?
Shields. He had but five Shillings of the Money; for there was another with us who is since dead. We sold one Parcel for 15 s. and the other for 11 s. he had his Part of the first Parcel, but not of the last; we sunk that upon him.
Prisoner. I was a poor hard working Lad, only they drew me into their Company.
- Unwin. After David Shields was taken, this Fellow at the Bar lodged at Johnson's in Rag-Fair, who is just now discharged; and happening to meet with him in a Publick-House, I took hold of him directly. Oh, said I, What have I caught you at last? Says he, you have deserved me many a Time; you touched me last Sunday Night, but did not see me; you have sought after me many a Time but could not catch me; and you may be sure, I would keep out of your Way as long as I could. - It was his constant Practice to go a thieving, he had no other Way of living; he acknowledged the committing this Robbery. - I know him to be a grand Thief.
Prisoner. I desire to know what he gets his Living by, whether it is not by Thief-taking, for the Sake of the Reward.
Valentine Harman . The poor Fellow at the Bar came into my House to change Six-pence, and Mr Unwin came in, clapped him upon the Shoulder, and said he must go along with him; and, says he, Mr Harman. You must go and assist me. He said, Mr Unwin, You have deserved me many a Time. He owned he had been a great Failer. But now, says he, they have got me. - I do not know whether Shields's Name was mentioned then or not; I did not hear it mentioned. Jack, you know I never went after Mr Unwin. I know this poor Creature thinks. I went to this Man, and I swear I never was near him; if I would have had him taken, I could have done it several Times before now. Guilty of the Felony, acquitted of the Burglary .
+ John Read was a Second Time indicted, (together with William Mason , not taken) for breaking and entering the Dwelling-House of Josias Taylor , about the Hour of seven in the Night, and stealing 26 Pound Weight of Chocolate, val. 4 l. the Goods of Josias Taylor, November 16 .
Josias Taylor. On Tuesday the 16th of November. I had a pretty deal of Business to do; and towards the Evening I ordered one of my Servants to hang the Doors on. I desired him to get what he could ready on Tuesday Night, in order to be sent into the Country the next Morning. - The Doors were shut; there is a Sash-Window on each Side of the Door, and Grates before them, which were fastened to the House. - I had 120 Pound Weight of Chocolate brought from the Office, which had been sent there to be stamped. It was brought in on the Saturday; and the Monday before the Tuesday Night on which this happened, it was put in the Window to dry, because it is damp when it comes from the Office. - It lay about two Foot from the Window. My Man was in the Shop heading two or three Barrels, and I was in the Compting-House; I saw the Chocolate fall down, and did not know but it might be the heading of the Barrels that might have disturbed it. My Man presently went to the Door, then came and called me, and told me that I had been robbed. When I came, I found that there was 26 Pound of Chocolate taken away, and the Grate was likewise taken away, and thrown into the Street, which I did not find till about two Hours afterwards. There was a Coachman going into the Green-Dragon Inn, his Horses would not go along, which was occasioned by the Grate lying in the Street, which the Coachman took up and carried into the Inn-Yard. At last seeing a good many People looking at something, I went to see what it was, and found the Grate lying in the Inn-Yard. The Chocolate was sold to one Jane Johnson , who lives in Rag-Fair for 26 Shillings.
David Shields . The Prisoner, and one who goes by the Nick-Name of Cutos, Emanuel Hubbard that is dead, and myself, went to Mr Taylor's in Bishopsgate-street , shoved up the Window, and took out 26 Pound Weight of Chocolate, and sold it for a Shilling a Pound in Rag-Fair. - We all of us helped to take the Chocolate, every one had a Hand in it. - It was on the 16th of November.
Q. How did you get the Grate down?
Shields. This Cutos and Emanuel Hubbard pulled it down by main Strength; it was so heavy that one could not lift it, and they carried it into the High-way, and laid it down there. - We shared the Money between us, which was six Shillings and Six-pence a Piece. - The Prisoner had his six Shillings and Six-pence. Guilty of the Felony, acquitted of the Burglary .
George Watson of St Giles, in the Fields , was indicted for breaking and entering the Dwelling-House of Thomas Meckwold , about the Hour of Seven in the Night, with an Intent the Goods and Chattels of the said Thomas Meckwold to steal, take, and carry away , Feb. 24 .
Thomas Meckwold . I live in Great-Russel-Street , St. Giles's. I was absent from home when the Fact, for which the Prisoner is indicted, was committed; I was informed of it, and was directed to prosecute the Prisoner, he was rescued out of the Constable's Hands, but taken again and carried before Justice De Veil, and having the Character of belonging to a very flagitious Gang, the Colonel thought fit to have him committed - I do not know that I lost any Thing.
Elizabeth Smart . On the 24th of February, about Seven o'Clock in the Evening, I perceived that the Sash of the Parlour-Window, belonging to Mr Meckwold's House, which had been shut all Day, was open, and that the Blind, which had been up all Day, was down.
Eleanor Goddard . I am Fellow-Servant with the last Witness. On the 24th of February, about Seven o'Clock at Night, being in the Kitchen, I heard a Noise and went to see what was the Matter, and found that the Sash, which was close all Day long, was pushed up, and that the Blind was down.
Thomas Simmonds . I am a Lodger opposite to Mr Meckwold's House, and about Seven o'Clock at Night, or rather after, on the 24th of February, being disposed in a lazy sort of a Condition, I was looking out of the Window (the Moon shone bright on that Side of the Way, and I could see as well as if it was Day) and I saw George Watson and another consulting together and looking hard at Mr Meckwold's Window; (the Sash being then up) my Wife was in the Room with me, said I, My Dear, I believe here are two young Men who want to get into Mr Meckwold's House; they both went up to the Door and set their Shoulders against it, and gave a Shove, then went about ten Doors farther to another Door, and there they stood consulting again for some Time; at last, when the People were not in such a Hurry in passing and repassing, the Prisoner left his Companion and came to this Window again, and looked at it very hard; there was a Woman coming along, he met her and then turned back, and as soon as the Woman was passed him, (for there was no Body else in the Street, passing or repassing) he jumps on the Rail before the Window, and put his Hand over and took down the Blind - the Sash was up so high that you might put your Hand over the Blind - there was Room for a Hand to go in, and that was all; my Wife bid me open the Window and call out; No, said I, I do not think that so well, I will go down and take him in the House; said I to a Journyman, who works in the same House with me, There's a Man in the House over the Way, let us go and secure him: I went down Stairs, and as soon as I had opened the Door, the Prisoner at the Bar jumped out of the Window, over the Rail, and came on our Side of the Way; he ran by me, said I to the young Man, who was with me, Richard, lay hold of him, and Richard laid hold of him directly; as soon as he had laid hold of him, there were two Men on our Side of the Way (tho' I saw but one before) and they run upon us almost ready to devour us, Richard was surprised, and I too, but they went off, and we saw no more of them; said I to Richard, This is the Man that I saw at the Window, I am sure of it, so we charged a Constable with him, and took him to the Round-house; - I am sure the Prisoner is the Man.
Sarah Simmonds . I saw the Prisoner at Mr Meckwold's Window, on the 24th of February, about Seven o'Clock in the Evening; he met a Woman and immediately turned about, and as soon as she was past, he jumped up to the Rail, took down the Blind of the Window and put his Head and Arms in at the Window; my Husband went down Stairs directly in order to catch him, and just as he was going out at the Door, the Prisoner jumped off the Rail and crossed to our Side of the Way, to our Door. - I am sure he is the Man that put his Head and Arms into Mr Meckwold's House.
John Cooke . I was trimming the Gentleman's Lamp; I saw the Prisoner loitering about, and saw his Hand upon the Window, and he was coming out over the Rail; I did not suspect him at first, for I took him to be a Servant to the Gentleman, and therefore did not stop him; I heard he was taken afterwards. - I saw him coming out of the Window as well as I see him at the Bar now.
Richard Glover . I was sent for to take Charge of the Prisoner; I asked what was the Matter; they said, he had endeavoured to rob the Gentleman's House; as I was following the Person who was carrying him to the Round-house, out comes a Man with a drawn Cutlass, and threatened to strike at the Man who had hold of him, and said, Loose him, and when he said that, I whipp'd out my Truncheon to defend my Head, and the Prisoner and he ran away, one took to one Side of
Smart. The Blind is fastened with a little Bolt which shoots into the Frame of the Window.
Q. Are you sure it was bolted at Seven o'Clock?
Smart. I am sure it was bolted at that Time - I am sure it was bolted all Day; I am very sensible the Prisoner opened it; my Lady and my Master went out, and I am sure neither of them went into the Parlour; I bolted it in the Morning, and I think I can safely say it was bolted all Day, because there was no Body to open it, unless I had unbolted it myself.
Q. to Mr. Meckwold. Was there any Thing lost or moved?
Mr Meckwold. I found a Tea-Chest moved out of its Place, but there was nothing taken away.
Prisoner. Ask them if I got into the House at all?
Goddard. The Sash and the Blind are different Things; the Blind is fixed, and the Sash may be pushed up, and the Blind remain fixed; the Blind is fastened with a Bolt, which is on the Top of the Blind, and goes into the Side of the Frame of the Window.
Q. The Question is, Whether, when he pushed the Sash up, the Blind must not fall down.
Goddard. It cannot fall by the lifting up of the Sash; but it stood safe against the Side of the Window.
Q. If the Blind had fell down, whether you must not have heard it?
Goddard. I believe we might, but it stood very safe by the Side of the Window.
Simmonds. He jump'd up on the Rail; he laid one Hand upon the Frame of the Window, and the other Hand was upon the Top of the Blind, then he too k the Blind down with his Hand and made a Reach, and lay over the Window as if he was going to see the Blind down upon the Ground Guilty , Death .
Alice Jackson . On the 20th of March, I had these Sheets to wash, and they not being quite dry I hung them out in the Yard about Ten o'Clock at Night, and missed them about Four o'Clock in the Morning; and that Day we sent some Bills out.
Thomas Strater . Alice Winn brought these two Pair of Sheets to me to pawn; I asked her, Whether they were her own; she said, they were not, but that she brought them from one Barnard, and she said, she would go and fetch the Person who sent her with them: I sent to Mrs Jackson, and she came, and said, they were Mr Caslon's. - I do not know any Thing of Sarah Winn .
Jackson. These are Mr Caslon's Sheets which I left out a-drying.
John Coxon . I have known Sarah Winn a great many Years, and I took her to be a very honest Woman; she and her Daughter brought this Sheet to me the 21st of March, and I lent them five Shillings upon it.
Jackson. This Sheet was stole from me, and belongs to Mr Caslon.
Jury. We desire to know, whose Name it was entered in?
Coxon. It was entered in the young Woman's Name, that she might have it as well as the old
Q. Supposing the old Woman had come, could she have had it?
Crown. Yes, she should have had it.
Sarah Acquitted , Alice Guilty .
William Staples , Junior. On Thursday, the 3d of March, about Ten o'Clock in the Morning, one Elizabeth Harris came to my Warehouse, and another Woman with her, and desired my Man to call me down; she told me, she wanted some Flannel; I asked her, What Sort; she said, A low Sort; I shewed her some, and told her, the Price was 10 d. per Yard; she said, she wanted something lower; I told her, there was but one Sort lower; she said, she wanted something of a Groat a Yard; I said, there was nothing of double the Price; she said, she had a Coat of that Price on, which she bought of John Brown, an old Cloaths-Man; and that some of her Acquaintance had bought some; she took me to the Monument-Alehouse in East-Cheap, where there were three Women who had bought Flannel, which I had Reason to believe were my Goods: I went with Mrs Harris to Mr James's, who keeps the White-Lion-Alehouse the lower End of Rag-Fair, to seek after this Brown: Says Mrs Harris, There is Brown sitting at the Table, and informed me that Mr James was a Constable: I spoke to Brown, and charged him with having sold Flannel at an under Rate, which I believed to be mine; he flew in a violent Passion, and said, he did not value what I could do; said I, Mr Constable, take hold of him: I saw a Door a little open, I went in, and upon the Bed were 4 Remnants of Flannel with my Mark upon them, which might contain, to the best of my Judgment, about 20 Yards each; said I to Mr James, the Constable, These are mine. Brown said they were his; said I, Mr Constable, I insist upon it, that you take Care of them and the Prisoner; Mr James was not very ready to take Charge of Brown; then I resolved to have him before my Lord-Mayor; I said, I would go and smoak a Pipe till my Lord-Mayor was at Leisure; and we went to the White-Lion-Tavern, in White-Chapel; while we were there, said I to John Brown, you had these Flannels somewhere; if you came honestly by them, you will tell me where you had them; and if you are an honest Man, you will give me an honest Answer. Said I, Pray how came you by these Goods? I will tell you plainly these are my Goods; he gave me for Answer, D - n me, and a good deal of that Language, and said it was no Business of mine; and he would go to Jail rather than make a Discovery; then, said I, you shall go to Jail; for these Things have been pretty frequently practised in our Neighbourhood, and I am resolved to find out the Bottom of it. Then he said, Damn you, Sir, I had these from Dublin. Now I knew where the Flannels chiefly came from, and that there are very few which come from thence. When he was examined before my Lord-Mayor, he said he had them from one Brown, a Correspondent of his in Lancashirt, but my Lord threatening to commit him, he said, My Lord, if you will not commit me to Jail, I will tell you the Truth; then he said he had them at a Court in Threadneedle-street, of the Gentleman's Servant. - He owned he had them of my Servant, the other Prisoner; who, being sensible of his Guilt, confessed the Fact with Tears. He owned he had taken, at different Times, about eleven or twelve Pieces, which he had sold to this Brown; he said he sold them for 15 Shillings a Piece, two of them were worth 12 or 13 d. per Yard; and two of them about Eight-pence half-penny per Yard; the lowest priced Flannel we have is Eight-pence half-penny per Yard. The Prisoner had been my Servant about five Years; he was a Sort of a Porter to carry out Goods for me.
Q. Did he never sell any Goods for you?
Staples. I do not deny that he used to sell Goods for me sometimes when I was out of the Way.
Q. What Price did you use to give him for them?
Samuel James . I gave him different Prices, sometimes Six-pence, and sometimes Seven-pence or Seven-pence half-penny, never less than Six-pence; some of it was damaged, and not worth above a Groat a Yard. I believe I have bought to the Value of ten Pounds of him, and never got above two Shillings in the Pound by any Thing that I bought of him. - This Gentleman says in his Evidence, that I was loth to take Charge of Brown; but he
Mr Staples. I said he had sold Goods for me when I was out of Town, or not in the Way.
Q. Did not Brown say he had these Goods from Ireland?
James. Yes, he did, but there was no Mention made of any particular Parcel of Goods.
Q. Did not he say he had them out of Lancashire?
James. Yes, he said he had some, or one Piece out of Lancashire.
Q. Did he own he had them at Mr Staples's?
James. He said at last he had them at a Warehouse in Threadneedle-street. Q. Have these been all the while in your Custody?
Mr James produced the Flannels, and said they had not been all the while in his Custody, but believed them to be the Goods he bought of John Brown; and Mr Staples proved them to be his Goods.
The Evidence not being sufficient to fix a Felony upon the Principal, they were both acquitted .
201. Joseph Birch , of St Ann Westminster , was indicted for stealing four Silver Tea-Spoons, one Pair of Silver Tea-Tongs, and two large Tea-Spoons , the Goods of John Johnson and Richard Lyddall ; one Gold Ring, and one Handkerchief , the Goods of John Johnson , March 21 .
Richard Lyddall . I am Executor to one Rhodes . I lost four Tea-Spoons, one Pair of Silver Tea-Tongs, and two large Silver Spoons; they were the Property of Rhodes; he had a small Freehold and personal Estate, which he gave to John Johnson and Mary Wishart . I left the Things in Johnson's Custody.
Q. Has there been any Distribution of any Part of the Estate of the Deceased?
Lyddall. No, I have not distributed any Thing.
Q. Whose Property do you take them to be?
Lyddall. I apprehend them to be my Property, as I am Executor, on Behalf of the Legatees. I got a Search-Warrant, and had the Prisoner apprehended.
John Johnson . The Handkerchief and Ring are my own. - I bought the Ring with my own Money, the other Things were to be divided. The Prisoner pretended to be a Coachman. I have seen him at several Publick-Houses. He seemed to be destitute of a Lodging, and said he should be glad if I would take him in. I have known him twelve Months, and he used to appear like a Gentleman. I gave the Ring to Mary Wishart to lock up; and it was locked up in the Chest of Drawers in the Bed-Chamber. He had laid in the House eight Nights before I missed the Ring. I lost the Handkerchief about two Days before. I charged him with it, and he said at first, he supposed I had it picked out of my Pocket. I left my Ring in one of the Drawers unlocked. I found my Ring and Handkerchief upon him about ten o'Clock in the Evening, the same Night that I missed them. What will you do with me now, said the Prisoner, I will give you this Spoon which I have changed at the Silver-Smith's. - He would have given me two new Spoons and my Ring to make it up with me, but I would not do it; for he had changed with the Silver-Smith, and given him seven Shillings. This Spoon is one of them which was lost, and found by the Direction of the Prisoner. He confessed the taking of them; he had the Handkerchief about his Neck, and the Justice ordered me to take it off. - I found the Spoon by his Direction at a Goldsmith's, and then he confessed the taking of them.
Mary Wishart . I saw the Prisoner with the Handkerchief about his Neck, said I, How did you come by that Handkerchief? Said he, of the Maid Jenny; I said it was not his Handkerchief; and (I will not tell any Lye to be sure) says the Prisoner, If the Handkerchief is lost, some Body has picked it out of your Pocket. There were five Tea-Spoons, only I left him one of the Spoons to use; the Tea-Spoons, the Tea-Tongs, and Gold Ring, were locked up in a Drawer, and when I missed them, I could not speak for a Quarter of an Hour. I called Johnson, and told him the Drawer had been broken open, and that I believed the Prisoner had done it, and Johnson took him that Night; said the Prisoner, Mary, I am informed you have lost your Tea-Spoons; said I, so I have, and I believe you have got them; said he, G - d d - n you, you B - h, what do you mean by that, Madam? Said I, you Rogue you have them. I saw the Handkerchief and Ring taken from him before the Justice, and he owned the Fact.
John Hastings . I am a Goldsmith; the Prisoner came to my Shop, and brought these Tea-Spoons, a large Spoon, and a Pair of Tea-Tongs, about a Fortnight or better ago, and he gave me seven Shillings and Three-pence difference, between his old Plate and my new Spoons. Says he, If my Wife should not like these Spoons, you will change them? I told him I would. These are the Spoons I had from him, which were owned by Mrs Wishart.
Prisoner. Mr Johnson and I lodged at a Publick-House, and he said to me, Mr Birch, you are out of Place, you may lie here; but we had a few Words which occasioned a Difference; says he, As you want a little Money, there are some Things which are left between Molly and me; you may take them, and make use of these Spoons, but do not sell them out-right; and I sold them out-right without his Consent, and he charges me with stealing of them.
Johnson being asked whether he gave the Prisoner any leave to make use of them, said, that he never in his Life gave him any Leave to use, or exchange, or put them into his Custody, upon any Account whatsoever. Guilty .
202, 203. + Elizabeth Cannon and Ann Ellard , of St Botolph without Aldgate , London, were indicted for stealing one Linnen Sheet , val. 2 s. one Apron , val. 3 s. two Pair of Hose, val. 5 s. one Suit of Pinners, val. 2 s. one Cap, val. 12 d. one Black-Silk-hood , val. 12 d. one Handkerchief, val. 6 d. one five Moidore Piece of Gold Coin, val. 6 l. 15 s. two Pieces of Portugal Gold Coin, of 36 s. Shillings each, val. 3 l. 12 s. five Pieces of Gold Coin, called Guineas, val. 5 l. 5 s. one Piece of Gold Coin, called an Half-Guinea, val. 10 s. 6 d. the Goods, Chattels, and Money of Mary Bates , Widow ; one Velvet Hood, val. 6 d. one Handkerchief, val. 6 d. and three Caps, val. 6d. the Goods of Elizabeth Cole , Spinster , in the Dwelling-House of Mary Bates , April 10 .
Elizabeth Cole . I put the Money into a Box last Saturday in the Afternoon, between four and five o'Clock. There was one 6 l. 15 s. Piece, two 36 s. Pieces, two Queen Anne's Guineas, one King William and Queen Mary's Guinea, and two King George's Guineas, and one Half-Guinea; it was in my Mistress's (Mrs Bates's) House, and was her Money, but I cannot say the Prisoners took it. The Linnen, &c. was taken out of a Trunk, but I do not know any thing of their taking it. - I do not know whether the Trunk was there between four and five that Afternoon. - It is about a Fortnight since I opened it. About three or four of the Clock on Sunday Morning, we had Notice given by the Watch, that the Door of the House was open, and we found that the Prisoners, who lived in the House, were gone, and, upon a Search, the Money and the Linnen were missing - Elizabeth Cannon was my Fellow-Apprentice ; what the other's Name is I cannot tell - Ann Ellard I think.
Q. Did they go to Bed on Saturday Night?
Cole. The old one ( Ann Ellard ) was in Bed, but I cannot say whether my Fellow-Apprentice was, they were in the House at ten o'Clock, and soon after that I went to sleep; I cannot tell how long they staid afterwards.
Francis Sanders . About Nine o'Clock on Sunday Morning, Mrs Bates sent to let me know, that she was robbed by one of my Servants, (she is a Bed-ridden Woman and cannot stir) and that my Servant lay with her Apprentice, and that they were both gone; I bid her be easy, and said, I did not fear but I should lay hold of them presently, and about Twelve o'Clock on Sunday, I found them drunk and in Bed, at the Bull, at Tottenham-high-Cross; when I charged them with the Fact, they fell into a Flood of Tears, and said, they were sorry for what they had done; like those unhappy People who are detected; I desired them to make Satisfaction to this Woman, upon which they readily gave me a Pocket, in which was one five Moidore Piece, one 36 s. Piece, 2 Guineas, and 41 Shillings in Silver; I asked them, Whether that was all; they said, Yes, there is all: Said I, Mrs Bates says you have taken more; they said, there was no more: Said I, Be ingennous, do do not conceal any Thing, it will be the worse for you if you do: They said, there was no more Money; I asked for the Linnen, and they said it was given to a Woman to wash; I went to the Woman for it, and she delivered it; it was in a miserable nasty Pickle; it is not fit to be seen in Court; said I, You took it away clean, how came it in this Condition? They said, they had the Misfortune to let it fall in a Ditch; I asked them, how they came at the Money; Ellard said, she did not know how Cannon came by it; and that she brought it to her. I have known Ellard a great while, and did not think but that she had been very honest.
Q. Who gave you the Money?
Sanders. Ellard gave me the Money - I think they were fuddled.
Q. What was the Washerwoman they gave the Linnen to?
Sanders. I do not know her, - she is not here.
Sanders. I had it from the Prisoners at the Bar, - that is, from the Washerwoman, by the Direction of the Prisoners.
Sanders. This Pair of Cotton Stockings I took off Ellard's Legs.
Elizabeth Cole . I cannot touch them they are so nasty. - This Shift is my Mistress's, this Handkerchief and Apron are mine, - and I had these Things from the Washerwoman, by Order of the Prisoners; and when the Washerwoman brought them, they said, they were the Things, that they delivered to the Washerwoman, and that they took them from Mrs Bates.
William Thomson , Headborough. Mr Sanders came to me on Sunday, and told me of a Robbery that was committed on a poor old Woman of his Acquaintance, and desired I would go along with him to endeavour to find out the Thieves; I went with him to the Sign of the Black-Bull, at Tottenham-high-Cross; we made what Haste we could for Fear they should be gone; and when we came there, made what Haste we could up Stairs, and found them both in Bed, and desired they would return the Money which they had taken from Mrs Bates, and without any Hesitation at all they returned the Money, as related by the former Witness; I was with them several Times afterwards, and they did not deny it: I asked the little one (Cannon) how it came into her Head; she said, It came into her Head as it did into other People's Heads, and that she had a Design to do it some Time before she committed the Fact.
Cannon had no Witnesses, and Ellard said, she had none but her Master Sanders, who said, he never knew any Thing amiss of her before. Guilty , Death .
Thomas Gosling . The Prisoner came to my House, the Rose and Crown, in Little-Britain , on the 2 d of April, and called for half a Pint of Two-penny Purl; I was cleaning the Windows, and he found fault with my doing of them; the Barber came in and set my Wig down in the Kitchen, and when the Maid went out of the Kitchen into the Yard, he took an Opportunity to whip into the Kitchen and take the Wig (I did not see him take it) the Maid looked into the Kitchen, and asked who had been there, for the Wig was gone, and the Box left; I enquired who had been there, and they said, no Body but that little Fellow; I went up Field-Lane, and saw him with the Wig upon his Head; I followed him and collared him, said I, Friend, I believe you were just now at the Rose and Crown, in Little Britain, and had half a Pint of Purl; that is my Wig: He said, D - n you, it is not your Wig: I went with him into a House to drink a Pint of Beer, and he owned it was my Wig, and that he took it from behind the Bar: Says a Cook, who came into the House, Oh! Friend, what are you here? that Fellow ran away with a Dish and twelve-pennyworth of Ham t'other Day. The Prisoner confessed, before my Lord-Mayor, that he stole the Wig from my House.
Prisoner. I never was in Prison in my Life before; I never was in any Broil; I never did any Fact in my Life; and if I did this I know nothing at all of it. Guilty 10 d .
William Harrington . I sell Fish at the Corner of Salisbury Court, in Fleet street . On the 30th of March, between Nine and Ten at Night, the Prisoner took a Piece of Salmon off the Board - I saw his Hand take it off, but I did not see him at first.
Joseph Knight . I was standing at my Master's Door, the Corner of Salisbury-Court, and saw 2 Fellows stop at Mr Harrington's Stall (I have seen them in the Street before, and took them to be idle sort of People, at other Times) I looked at them and saw the Prisoner put round his Hand to the Corner of the Post, and take a Piece of Fish off a Kit; as soon as I saw him, I cried out to Mr Harrington, and he and I ran after him about half a Dozen Doors; but before Mr Harrington overtook him he had thrown the Fish from him; but I did not see him do it; Mr Harrington took hold of him by the Collar, and the Prisoner cried out, some Body had hit him on the Eye; Harrington asked him for the Salmon, and he said, he had it not: I thought I saw something in the Channel, and I went and took the Fish out.
Q. Are you sure he is the Person?
Knight. Yes, I am; for though it was Night it was as light as the Day.
Margaret Hammacot . This Lad's Friends have lived in Whitecross-Street these twenty Years, and I never heard of any Fact that ever he was guilty of before, and he always worked very hard for his Bread.
Joseph Hall. I lodged in young Markham's Father's House three Years; and I know that for a Fortnight or three Weeks together he has not gone out of Night, but been hard at Work all the Time; and his Father would hardly let him go out to Church on a Sunday, they kept him so strict for fear of his going aside.
Q. How do you know that?
Ann Turner , between eleven and twelve Years of Age, was produced, but, on being interrogated as to the Nature of an Oath, appeared to be very ignorant, and being likewise an Accomplice, she was not admitted to give Evidence.
Mrs - . I was in Company with Mrs Turner on Sunday last, and heard Elizabeth Jones confess to Mrs Turner, that she did commit the Fact, and that she was persuaded to rob her, by another Woman. The Particulars were not mentioned in my hearing. - Mrs Turner is the Prisoner's Aunt. Acquitted .
Honor Dilk. I missed a Silver Spoon belonging to Mr Fell, out of the Kitchen, at his House in Wapping , on a Saturday the Beginning of March. I knew no Body could have it but the Prisoner. He had been in the Kitchen some Day that Week. - He was employed to do some Gardening Work .
John Gerrard . About a Fortnight ago, I was at the Antelope, a Publick-House in Hosier-Lane; the Prisoner came in, and pulled out this Spoon. - I believe this to be the Spoon by the Catherine-Wheel. He said he had good Luck, that he found it by Hyde-Park-Corner, and wanted to sell it. I agreed to buy it of him; I did not know where to weigh it, so I went to a Founder's on Snow-Hill, a Mistress of mine, who I knew had Weights to weigh Silver; it was weighed there, and I gave him 10s. 6d. for it. It happened some Time afterwards that I wanted some Money, and I carried it to Mr Price, to borrow something upon it; and he said this Spoon is stole. I told him I bought it publickly; he asked me who I bought it of, I told him of a Man who came sometimes to Mr Fairweather's in Hosier-Lane. I went to Mr Fairweather to enquire his Name, and I acquainted Mr Price, that his Name was James Crab .
Q. Did the Prisoner claim a Property in the Spoon?
Swithin. Yes, he did, and I saw Gerrard buy it.
Mr Price. On Wednesday the sixth of this Instant, Mr Gerrard brought this Spoon to me; I asked whose Spoon it was; he said it was his own; said I, here is a Crest upon it; Have you a Crest to your Family? I looked back to the Advertisements, and found an Advertisement of the 30th of March, of a Spoon being lost, with the Crest, a Catherine-Wheel and Cross. Said I, This Spoon is stole, but I would not give you any Trouble, as I believe you to be very honest, and have lived so long in the Parish. The Person to be applied to was one Mr Langton in Lombard-Street; when I carried him the Spoon, he laid me down 10 s. Sir, said I. Do you think I do this for the sake of the Reward? I will not deliver it till I see whether I can find out the Thief. Mr Fell came to me that Afternoon, and said he believed he had got Intelligence of the Man, and on Saturday Morning last he took him.
Prisoner. One Day coming up through Wapping, I happened to meet with two young Men, one of them is a Blacksmith, they made believe as if they had taken up a Spoon, I insisted upon seeingJohn Eyles but he could not tell whether he could be here To-day or To-morrow; he sent his Butler to me on Tuesday Night to enquire what was the Occasion of my being here. - I was his Gardener.
Q. Where are those Persons who saw you pick the Spoon up?
Prisoner. I do not know where to find them, they were Passengers in the Street: I was to have had some Things sent from Dorchester, and that was the Reason of my going up to Hide-Park-Corner.
It being intimated that he had lived in the Family, and therefore might know the Crest, which he said he did not, Honor Dilk was therefore called again.
Honor Dilk. The Prisoner lived 20 Months together in the Family, and it is a hard Case if he should not know the Coat of Arms.
Prisoner. The Spoons were only marked J. F. when I lived there.
Q. How long has he used the Crest?
Dilk. Ever since he set up his Coach, which is 14 Years.
Q. to the Prisoner. How long is it since you lived in the Family?
Prisoner. It is 5 Years since I lived with Mr Fell, and if he had not known me to have been an honest Servant he would not have sent for me to work for him.
Thomas Hallwood . I have lived with him at Sir John Eyles 's, above a Year, and never heard any Harm of him, he behaved as well as ever I knew any Man in my Life - he was Gardener there about six Months ago.
Catherine Gardiner . I have known the Prisoner these 15 Years: I knew him in Scotland, where he lived in several Gentlemen's Families; he has lodg'd in my House where there has been six Silver Tankards, and other Things of Value, he never wronged me of a Farthing, and I never heard that ever he wronged any Body. Guilty 10d .
208. Mary Niblet of St Lukes , was indicted for stealing 1 Quilted Petticoat, val. 16s. the Goods of Joseph Pyke , and 1 Silk Petticoat, val. 8s. the Goods of Mary Hicks ; 1 Cloth Cloak, val. 3s. and 1 Brass-Skimmer, val. 6d . the Goods of Richard Blakesly , March 10 .
Frances Savage . I am a Quilter. I was entrusted with this work; I went out on the 10th of March, and when I came home again, the Prisoner was gone away with the Work; I found Mrs Hicks's Coat pawn'd at the Golden-Cup, in Golden-Lane, but Mrs Pyke's cannot be found; one of the Persons threatened to sue me for the Coat, and I was obliged to prosecute to clear myself.
Prisoner. Did not you send me to pawn the Coat?
Savage. No, I did not send you to pawn the Coat.
Hannah Morris . I was a Lodger in the same House; the Coat was quilted but not made up: the Prisoner took the Coat up in her Hand and said, she was going to buy a Binding to it to make it up, and going down Stairs she met the Child with the Cloak, and said, Nanny, you must lend me your Mother's Cloak, and took the Cloak off. the Child's Shoulder and away she went.
Prisoner. She lent me the Cloak.
Blakesly. I was not at home when she took it; I did not lend it her.
Mary Hicks . I gave the Coat to the Prisoner to carry to Mrs Savage; they are Partners, and both work together; I trusted them both with the Work, as Partners, and as to the Cloak, I believe she borrowed it, for I have seen her come frequently in it. - I work for Mrs Hicks, and I know Mrs Hicks delivered the Coat to Mrs Niblet. Acquitted .
209. + Thomas Burridge of St Leonard, Shoreditch, was indicted for breaking and entering the Dwelling-House of Jeffery Rushton about the Hour of two in the Night, and stealing 20 Yards, of Callimanco, val. 15 s. the Goods of Reynolds and Bray ; and 3 Shuttles, val. 18 d. 2 Pair of Pickers, val. 12d. 1 Rug, val. 2s. 1 Blanket, val. 1s. and 1 Sheet , the Goods of Jeffery Rushton, Feb. 27 .
Henry Dye . On the 26th of February, being Saturday Night, I had been at a Publick-House and came from thence between nine and ten o'Clock, (as I always keep good Hours) and between eleven and twelve I locked the Door, and went up to Bed; and between that and the Hour of Six in the Morning this was done. - I am a Lodger, and work in the House; I have worked for Mr Reynolds some Years. - The Door that was broke open is an outward Door upon a Public Stair-Case; there are a great many Tenements in the House, but the Street-Door was not locked. - I did not hear any Thing broke open, for I had drank a Pint of Beer more than ordinary, and might be heavy to sleep; but I am sure I locked the Door before I went to Bed. One of these Pickers is mine, this Shuttle and this Picker is Jeffery Rushton's.
Daniel Lister . About the 21st of January, I enlisted the Prisoner as a private Soldier, in Colonel Fowkes 's Regiment at Gibraltar, and sometime after he deserted from me; on the 27th of February, about 11 o'Clock he came by my Door, he had a Knife in his Hand and bid me Defiance, I sent a Couple of Recruits after him, and they took him as a Deserter, as he was going to the Savoy, one of them delivered these Things to me, I asked the Prisoner whose they were, he told me they were his working Tools; (these three Shuttles, and these two Pair of Pickers) Rushton came to me, and enquired if I had not such a Person; he told me he had worked with him, and had stole some Shuttles, and Pickers, and several other Things; the Prisoner spent Eight Shillings upon the Recruits, and said he had given his Wife Thirteen Shillings that Night, he said he had worked hard, and had got this Money by keeping himself close up.
John Martin . The Prisoner delivered these two Pair of Pickers into my Hand, he said this large Pair cost him half a Crown, and the other a Shilling, and desired I would give them to Mr Lister, and desire him to lay them up for him, for they were his working Tools.
Burridge. And please you my Lord, this Man. Rushton, and I, were drinking together till Ten o'Clock on Saturday Night; he said he had no Money, and desired me to lend him a Shilling, and he delivered these Pickers into my Hand.
Q To Rushton. In what Manner, was the Door broke open?
Rushton. Either the Staple was pushed back, or the Lock was picked, the Staple was half bent, there was nothing broke; just at duskish, I went to Bed, and then I saw the Door was locked, I was sick that Night. - The Prisoner lodged in the same House.
Rushton. How should this Man have this Money, When he received but Three Shillings on Saturday Night?
- Collins. I have known the Prisoner 20 Years, I never heard of any Thing to stain his Character; he always behaved like a very honest Man: - During the Time that he has worked with me.
John Driver . I have known the Prisoner from his infancy, in Hanging-Sleeve-Coats, almost 40 Years ago, and never knew he wronged any Man of any Thing in his Life. Acquitted of the Burglary, Guilty of the Felony .
Another Witness. I have nothing to say against this Woman, as to the picking of the Pocket; I could say something against the other Woman, that was with her. Acquitted .
John Eyres and James Cropp of St Leonard, Shoreditch , were indicted for assaulting Barnard Merest Byfield , on the King's Highway, putting him in Fear, and Danger of his Life, and taking from him a Hat, val. 2 s. a Pair of Gloves, val. 6 d. a Linnen-Handkerchief, val. 6 d. and 5 s. in Money March, 31 .
Barnard Merest Byfield . On Thursday was se'nnight (the last Day of March) about 10 o'Clock in the Evening, as I was going home to Newington, I was overtaken by two Men; they laid hold of me and demanded my Money, and while one of them was searching me, the other came and took off my Hat, and they took my Gloves and my Handkerchief; I begged for my Hat because it was very cold; and the second Person, who took off my Hat, put me in a great deal of Fear, and if it had not been upon the Account of the first Person that stopped me (Eyres) I believe I had lost my Life. - I was down on my Knees and begg'd for my Life; they threatened me very much. - The first that came up to me took 5s. out of my Breeches-Pocket - I cannot be certain whether they took my Gloves and Handkerchief, but they were all gone, I missed them when I came home; and I suppose the Person that search'd me took the 5s. out of my Pocket. It was on the other Side of Shareditch, on the Causeway, by the Ironmongers Alms-houses .
Court. Look upon the Prisoners; and see whether you can say, one, or either of them are the Persons that used you so?
Byfield. No, I cannot, it was pretty dark; I cannot tell their Faces - It was only Star-light.
Charles Warman . I am the King's Evidence. On the 31st of March (the Day before Good-Friday) James Cropp , Eyres, and I, went out with an Intent to rob; we went as far as the Black-Horse, in King's-land-Road, and as we were coming back again, we met this Gentleman (Mr Byfield) - I do not remember the Gentleman's Person; we passed him, and after we had passed by him, Eyres and Cropp turned back again; I went to see what they turned back for, and they had got hold of him, Eyres was down on his Knees searching of him, and Cropp took off his Hat; we pawned the Hat in Holioway-Lane, for 2 s. - they said, they found nothing else about him.
Q. Where was this done?
Warman. It was a little beyond the Ironmongers Alms-houses; we did not meet any People till we came to King's-land-Road. - They owned the Fact before Justice De Veil.
Byfield. I believe it was something beyond the Ironmongers Alms-houses.
Q. Who was present before Justice De Veil when they owned it?
Warman. Several Persons in Court.
Charles Robinson . I was present at Colonel De Veil's when these Prisoners were examined (I do not know whether any Thing was taken in Writing ) but the first Time they were examined they both acknowledged the Robbery; and one of them said, he had not any Part of the Money.
Q. What did Cropp say?
Robinson. He owned his being present at the robbing of Mr Byfield, and confessed what he was charged with, but that he had not any Part of the Booty, and Cropp said, that the Evidence pawned the Hat, and that Eyres and he stood at some Distance while he pawned it.
Q. What were they charged with?
Robinson. They were charged with robbing a Person in King's-land-Road - a Person that was then unknown; there happened to be a Gentleman present, upon the Examination, who said, he knew the Person that was robbed, and that Mr Byfield had told him of his being robbed; upon that, Colonel De Veil appointed another Day for their further Examination, and at the second Examination they both denied it; it was not then known that the Gentleman lost any thing but a Hat.
Abraham Whitehead . I am a Pawnbroker; on the 1st of April, about seven o'Clock in the Morning, a young Man brought a Hat to me to pawn, and I lent him two Shillings on it; he took it off his Head and gave it me, and on the 5th of April it was fetched out. I do not know the Hat, or the Man who came into the Shop.
Warman. I had this Hat from Cropp, and I am sure this is the Hat I carried to the Pawnbroker's.
Q. Are you sure this is the Hat that Cropp gave you?
Warman. If it is the same Hat that I gave the Pawnbroker, it is the same Hat that I had of Cropp. - I cannot be sure this is the Hat I had of Cropp.
Mr Byfield. This is the Hat I had on that Night I was robbed.
Q. to Whitehead. Who brought this Hat to you?
Warman. I believe it was about seven o'Clock in the Morning when I carried it.
Whitehead. As near as I can tell it was about seven o'Clock in the Morning.
Q. Did you ever carry any ot her Hat to this Man to pawn, but the Hat you had from Cropp?
Warman. No, I never carried any other Hat to him.
The Prisoners did not make any Defence, but desired the Witnesses to their Character might be called.
Richard Eyres . The Prisoner Eyres is my own Brother, the more is the Misfortune. I never knew but what he was an honest Fellow, and worked hard for his Bread. He is a Smith by Trade , he has worked with me about six Months. - He goes about with me buying damaged Flour and damaged Goods to make Pasteboards. - I do not live in the House with him, but I used to send my Girl to him when I wanted him.
Q. Do you know any Thing of his being with you on the 31st of March?
Q. What Twelve at Night?
Jane Eyres . I am the Wife of Richard Eyres ; the Prisoner, John Eyres , has worked very hard with his Brother, and did so that unhappy Day, till twelve o'Clock, but I cannot say where he went afterwards.
Abraham Mather . I come on the Behalf of Cropp. I live in the Neighbourhood where he did, and have known him from a Child, (nineteen or twenty Years) and never knew him guilty of any such thing before. His Mother follows the Business of a Dyer, and he has worked in the Dye-House with his Mother. I have been in the Dye-House perhaps three or four Times a Week.
Jury. Did you find him there often?
Mather. He has been at work sometimes, but he has not been so often in the Dye-House, since he has been acquainted with these People. - His Mother is a very honest Woman.
Ann Barbut . I have known Cropp these fifteen Years, he has been frequently in my House, and always behaved well; he has been just and honest to me. I have had silver Spoons and Mugs in the House, and he never did me any Wrong, and he might have done me a great deal if he would. - I carry on the Weaving Business.
Nicholas Paradice . I have known Cropp about two Years and an half, and have trusted him with several Parcels of Silk, which he has had to dye for me, and I always found it very right. His Mother and Brother are very honest People.
Mrs Jones. I have entrusted James Cropp in my House for a Fortnight together, and no Body but himself, where there was Plate and several Things of Value, and he never wronged me of any Thing: and he has received Money for me, and was always very just to me.
Foreman of the Jury. I desired to be informed, whether she knows what he is, and how he spends his Time?
Bosman. He is a Dyer , his Mother and Brother carry on that Business, and he has worked in the Dye-House along with his Brother.
Jane Gilding . I am a Neighbour to Cropp, I have known him about ten Years, and he always behaved well in the Neighbourhood. There are several Gentlemen who would have come to his Character, but Business has prevented them. He worked with his Brother in the Dye-House.
Dorothy Clagget . My Husband lived in the Family, before he (the Prisoner) was born. Cropp has been frequently at our House, and always behaved well. I never heard that ever he wronged any Body in my Life.
Mary Radford . My Husband and I have lived twenty Years over-against the House where his Mother lives, and have known him ever since he was born; and I never knew or heard any Harm of him in the Neighbourhood. - His Mother is a very honest industrious Woman, and has brought up a large Family. I hope, my Lord, and Gentlemen of the Jury, for his poor Mother's Sake, and the bringing up of the Family, that you will take this into Consideration; she is now very much in Despair upon this Account.
Q. to Whitehead. Did you take in any other. Hat that Morning?
Whitehead. Yes, I did, but not quite so soon.
Both Guilty , Death .
Mr Byfield applied himself to the Court, on the Behalf of Eyres, and said if it had not been for Eyres, he believes he should have been murdered.
Jonathan Beaumont . On Friday the 28th of January, I had been at Hoxton, and coming back in order to go home, I was knocked down in Hog-Lane, and beat in a barbarious Manner; I lost my Hat and Wig - I do not know what I was knocked down with, neither can I swear to the Persons who did it, or how many there were of them - I do not know whether the Person that attacked me first took my Hat and Wig - I believe it was a pretty light Night.
Charles Warman . On a Friday Night, the latter End of January - I cannot tell the Day of the Month, I and Cropp and Anderson and Bradshaw, went out with an Intent to rob some Body, and going down Northern Falgate, Cropp saw Beaumont at his Door - he knew him. There's Beaumont, says Cropp, his Father has been dead about a Fortnight, and he has got a Watch, and if we can get that it will be a good Booty. Cropp said, He is drunk; and I believe he was a little in Liquor: Beaumont went out, and we followed him him up Shoreditch, and all the Way to Hoxton, and there we lost him; I suppose he went into some House; we waited some Time but could not see him; two or three Hours afterwards we met him by Chance, in Hog-Lane, and he was singing. D - n you, says Cropp, there's Beaumont again; and he gave me a Stick and bid me knock him down; and accordingly I did knock him down; I did not care to strike him any more for fear of killing him; Cropp took the Stick from me and gave him two or three Blows more, and then snatched off his Hat and Wig and run away with it.
Q. What Time was this?
Warman. I believe it was about twelve o'Clock at Night; Beaumont was very much in Liquor; Cropp confessed the Robbery before Colonel De Veil; I believe the Keeper of New-Prison heard him.
Thomas Cavenagh (Keeper of the New-Prison.) I was there, but I do not remember that I heard him own this - it was said, but I do not know who said it; I heard Cropp say, If he had robbed him, that this Fellow (that is Warman) knocked him down.
Q to Beaumont. Was you in Liquor that Night?
Beaumont. Yes, I was a little in Liquor.
Q. Was you singing?
Beaumont. Yes, I remember I was singing.
Prisoner. When they knocked the Man down, I was asleep at the Baker and Basket Door, the End of Hog-Lane, and when they came to me they brought the Hat and Wig with them; I was not in their Company.
Warman. The Hat and Wig was carried to Rag-Fair to be sold by Anderson, who is gone to Sea. Guilty , Death .
213. William Ansell , of St Luke in Middlesex , was indicted, for that he on 17th of November, in the First Year of His Majesty's Reign, at the Parish of St Brides, did marry and to wife take, Ann Powell , Widow, and that he on the 29th of October, in the Thirteenth Year of His Majesty's Reign , at the Parish of St Luke's, did feloniously marry Eleanor Hubbard , his said Wife Ann, being then living and in full Life .
Gudgeon. Yes, I was present at the Marriage, - it was the Day after Lord Mayor's-Day, about Three Years ago; - at St Luke's Church, in Old-Street.
Q. Do you know any Thing of his being married before?
Gudgeon. I do not know any Thing of the first Marriage.
The first Marriage not being proved, he was Acquitted .
Richard Baldock . I was watering this Man's Horses last Night, and saw the Prisoner brush by and take a Seat out of the Coach and run away with it; I followed him, and cried, Stop Thief; he dropped it in the Channel. I am sure he is the Man; I never had him out of my Sight; I took him by the Collar and carried him to my Master's House. - I live at the Pilgrim, in Holbourn.
- Mayhill. I am a Servant to Mr Colbrook. The last Witness brought the Prisoner and the Seat (which I can swear to) to my Master's House.
Prisoner. I was going by and this Man stopped me, and said, he had lost a Pillow out of the
Peter Townhaven . On the 13th of this Month, the Prisoner broke open a Closet in my House, belonging to Mrs Harding, who rents the first Floor of me; I met the Prisoner upon the Stairs, coming down with the Goods, and took them from her: I asked her what she had got there, and desired to see it: she would not let me, but I did insist upon it, and pull'd and hawl'd so much that I tore her Apron to Pieces; the Constable took the Prisoner and left the Things with me, where they have been ever since; I shewed them to Mrs Harding, and she said, they were her's. - It was about 4 o'Clock in the Afternoon.
Prisoner. I never was in the House; I was going by accidentally: Did not you Wife come out of the House, and take hold of me and strike me, 2 or 3 Doors from your House?
Townbaven. I do not know but she might when she found you were too many for me: This Tool [it seemed to be an Instrument to force a Lock with] was found in her Possession.
Prisoner. I never was in the House till they dragg'd me into it.
Q. What Month was that?
Stanley. It was in this Month; she never was out of our Family, and behaved herself very well - My Husband is dead; he was 72 Years of Age, and as honest a Man as any in the Parish; he was buried last Sunday; I went out yesterday to buy some Necessaries, and she was at my House all the Morning.
Q. Do you know any Thing of her at 4 o'Clock in the Afternoon?
Stanley. No indeed, I do not.
Mary Carcy . I never knew any Harm of her; she lodged with me when she was out of Place, and behaved well; she had Opportunities of defrauding me but never did, and had an exceeding good Character. Guilty .
John Parker . My Wife missed the Coral on Wednesday the 6th of April; I had been out, and when I came home, my Wife was crying about it; said I, Do not make yourself uneasy we shall find it presently; but not finding it, I advertised it; and on Thursday I was sent for by a Silversmith, who keeps a Shop by Clare-Market; says he, there is one Morris brought such a Coral to my House to know the Value of it, and I told him I would give no more than six Shillings for the Silver; I went to Col. De Veil to get a Warrant for this Morris, and went with Mr Trent the next Morning, to the House were he lived; his Wife said he was out, but would be at home about 10 o'Clock; Trent called out, Morris, and one said, he was in Bed; said Morris, So I am: He desired Morris to come to him to Clare-Market, which he did: Says he, Mr Parker says you or I have got a Coral of his, and Morris confessed he took it away: I asked him how he could take it away without being seen? said he, There was no Body in the Kitchen where the Coral was, but the Maid belonging to the House, and when she went out of the Kitchen to do something, I happened to knock my Elbow against a Basket, and hearing the Bells ring, I took and put it into my Pocket; he said, he had pulled the blue String out and gave it to his Wife; the Prisoner sent to his Wife to let her know the Coral was in such a Drawer, and sent Orders for her to deliver it, which she did: he desired not to go before Justice De Veil, so I carried him before Justice Frasier. The Prisoner did not deny it, he said, he was a little in Liquor, or he would not have done it - Morris has sometimes been a Bailiff's Follower.
Prisoner. Did you ever think that I could be a Thief?
Parker. I never thought you to be so; you were the last Man I should have suspected - I take this to be my Coral, it is the Coral that was fetched from the Prisoner's House.
Henry Miller . The Prisoner said, the Coral was in such a Drawer, in his Room, at the farther Corner, and this Man (Pritchard) went and fetched the Coral - the Prisoner said, he took the Coral out of the Cradle, in the Kitchen, at Parker's House.
William Pritchard . The Morning that Mr Parker had Intelligence of his Coral, he got a Warrant, and desired me to go and find Morris; I went to Mr Trent's and told the Story, and Mr Trent said, I will go to his Room, I am sure he will answer me; that he went and called Morris, and his Wife said, he was not at home; said he, I am sure he is in Bed; says Morris, That's true, so I am; and Mr Trent went with him to an Alehouse in Clare-Market; after they had been there a little while, says Trent, There is something I have to say to you about Parker's Coral; they went to another House, and Morris owned that he was sitting in the Kitchen, and the Maid desired him to rock the Cradle while she went for a Pint of Beer, or something, and that his Arm hit against the Basket and shook it, and he heard the Bells ring, and that he took the Coral and put it into his Pocket; says he, Here is the String of the Coral, and took it out of his Pocket and delivered it up, and said, The Coral is in my Drawer, at the further Corner; I went for it, and the Drawer was opened and there it was, it was rolled up just in the same Manner it is now.
Parker. He said he was in Necessity and wanted a little Money to get into his Place of a Bailiff, and he said, when he had got this Coral he thought he should not be beholden to any Body, and that was the Reason of his taking it.
Prisoner. Mr Trent had sent me to wait for a Man in Craven's-Buildings, and I found the Coral as I was coming out at a Door, and the next Day when I came to Mrs Parker's she talked of losing a Coral, and said, it was worth a Guinea and an half, and I went to this Goldsmith's to enquire the Value of it, that I might know whether it was her Coral or no; (I put the String into my Pocket) and I advised her to advertise it on Wednesday.
- Shudall. I have known the Prisoner 20 Years; he was born in the Neighbourhood, and I think it probable that if he had been guilty of any such Thing before, I might have heard of it, which I never did.
- Coombs. I have known the Prisoner 19 Years, and have been Security for him many Years; I have trusted him in a great many Affairs and never found him faulty; I was surprised when I heard this. - I am a Taylor and Salesman in narrow-high Holbourn.
John Caesar . I have known the Prisoner twelve Years; some time ago there was a Fire happened in the Neighbourhood where he lived, and he desired me to let him bring his Goods to my House; he lived with me about three Quarters of a Year; I have employed him as an Officer eight or nine Years, and he has always done his Business very honestly, and was always so charitable, that if he arrested a poor Prisoner, he would give them Victuals and Drink for nothing, as far as was in his Power, and has very often gone and made Matters up with the Plaintiff.
Prisoner. I waited for the Person who saw me pick up the Coral, but he is not come, though he is the most material Evidence. Guilty .
217, 218. William Cooms and Francis Hynes , together with Charles Coker , not taken, of St. Giles in the Fields , were indicted for stealing two Pair of Stockings, val. 2s. one Linnen Table-cloth, val. 1 s. and three Linnen Mobs, val. 2 s. the Goods of Edward Lowrie , February 27 .
Edward Lowrie . I keep a Publick-House . On Sunday the 27th of February, between five and six in the Morning, four fellows rushed forcibly into my House after a Woman, who was at my Door and she said, they threatened to knock her Brain out if she would not let them lie with her. They forced into the Room on the Ground-Floor, where our Bed is, (I did not see them do it) but I know that I catched these two Fellows there: They knocked my Wife down twice, as she tells me - There was nothing found upon them.
Hannah Lowrie . I had been up all Night with a sickly Child; and on the 27th or 28th of February, between five and six in the Morning, a Woman, who did lodge in the House, came to the Door, and called Mrs Lowrie; I opened the Door and saw four Men behind her Back. I thought they did not look like honest People. They pushed the Door against me, and forcibly came in and said, Come Brother, come in; Come Brother, come in, and they fell a d - g their Eyes and Limbs. Francis Hynes , d - d his Eyes and Limbs, and said he had hanged three, but he would hang ten. I called to my Husband to let him know there were People in the House that I did not like; (I took them to be dishonest People by their Expressions) I could not easily awaken my Husband, so I went to awaken the Girl who lies a few Steps up the Stairs, in the mean Time one of the Men was gone. Said Francis Hynes , D - n your B - d, you old B - h, if you speak a Word, I will knock your Brains cut; he knocked me down twice, and I was afraid he wouldWilliam Cooms did not offer to molest or strike me, but Hynes said, D - n his Eyes, he would be the Death of me.
William Stutely . On Sunday, the 27th of February, be tween five and six in the Morning, hearing a Disturbance, I went over to these People House, who live over-against me, and Mr Lowrie was endeavouring to keep these two Fellows in, and Mr Lowrie and Mrs Lowrie said one of them was gone out of Doors. I took one of them, and carried him to the Round-House, and Mr Lowrie took the other and carried him to the Round-House, and had them before Justice Frasier, and he committed them to the Gate-House; and Francis Hynes said, D - n my B - d, I may as well be hanged now, as he hanged another Time. Cooms said they came from Shoreditch, and that they came out with a Design to rob: and he would have been an Evidence but the Justice would not let him. Cooms said he would sign his Confession: Says he to Hynes, I will sign my Confession if you will, and the other said. I will if you will; but what they said, was with Respect to the two Fellows that were got away; they said they knew where to direct us to them; and when I went into Shoreditch to enquire after them, there was such a Mob, that I could hardly get away.
Prisoner Hynes. I desire I may make my Offence [Defence]. We had been drinking, and staying later than ordinary, we did not know where to go to lie, so we took a walk into St. Giles's, and there we met with a loose Woman; and Charles Coker , who is got off, was with us. We did go into the House, and I fell asleep, and the Gentleman beat us and abused us, and struck us with an Iron Poker, and with a Chair, and would not let us go out of the House: We cried out Murder, but no Body came to our Assistance; and the Constable took hold of Cooms, and the Prosecutor took hold of me. We have been at the Gate-House these five Weeks and three Days; it is hard we should suffer for nothing at all. I am a Silver Spinner by Trade, and would go to work with all my Heart.
Prisoner Cooms. We were with a loose Woman, and she desired us to give her a Dram, which we said we would, if she would show us where to get it, and she carried us to this Gentleman's House, and they showed me up Stairs with this young Woman to drink with her, and while I was drinking with her, the People cried out they were robbed. and said we had robbed them; then Charles Coker got over the Wall and run away; the other Person was gone before, and the Prosecutor knocked me down, and kicked me, till I was all over in a gore Blood.
Q. to Lowrie. Had they any Liquor in your House?
- Lowrie. Upon my Word they had not a Drop of Liquor in my House, and never asked for any.
Prisoner Cooms. They took us up Stairs, and left the Creature with us; the Woman pulled off all her Cloaths, and wanted us to lie with her. It is a Gin-Shop and Bawdy-House.
Q. Was she a young Woman?
Q. Did the Woman go up Stairs?
Mr Stately the Constable. I did not see any Woman in the House.
219 + Mary Wood , of St George in Middlesex , was indicted for stealing thirty Guineas , and eighteen Shillings in Silver, the Property of James Congleton , in the House of Joseph Johnson , October 4. And,
* Johnson the Father, was indicted January last, as an Accessary with one Mary Matthews , the Principal, upon the Evidence of Ann Bentley , for this Felony; but it appearing upon her Evidence, that the Prisoner Wood, run away with Congleton's Breeches, they were then acquitted. See Sessions Paper, No. II. Folio 59. No. 90. also the former Part of this Sessions Paper, No. 195. p. 131.
Ann Evenden . The Prisoner at the Bar, and another Man, came to my House in Sugerloaf-Court, in Bishopsgate-Street , the 7th of March, about half an Hour after Two in the Afternoon, in Sailors Habits, and great Staves in their Hands, and called for a Tankard of Beer; I sent them a Full-pot, because I did not know them; they came into the Kitchen, I desired them to go into the publick Room, Mackgraw, said he would take it standing; said I, Take it standing, or sitting, I do not care which, if you will but go into the publick Room; the other that was with him, went into the Drinking-Room first, and the Prisoner followed after; they had staid there about twelve Minutes, or a quarter of an Hour, Mackgraw came into the Kitchen, and asked for Change for a Shilling; he felt in his Pocket, and then unbuttoned his Trowsers, and said, sure he should have a Shilling, and sell a swearing and cursing prodigiously, and he was so impudent in unbuttoning his Trowsers and Breeches, that I was obliged to turn my Head to the Fire-Side: After that, he threw me down a Six-Pence that was a naughty one, I refused it, he snatched it out of my Hand, and then gave me another, which was a naughty one, and I refused that; then he threw down a Shilling, I put that into my Pocket, and gave him Nine-Pence; I laid it upon my Hand, in this Manner, (holding her Hand out quite open) said I, Friend, here is Nine-Pence, the Money lay flat in my Hand, and he took hold of my Hand so hard in taking the Nine-Pence out of my Hand, that he dragged the Gold Ring off my Finger along with it; and he tore my Fingers with such Violence, that it put me to a great deal of Pain, and I called out for help, and said, The Fellow has got my Ring off my Finger; he clapped his Hand up to his Mouth, and said, I have not got your Ring; d - n you, you may search me if you will? Said I, it does not signify any thing searching you, for you have got it in your Mouth, or else have swallowed it. - We did not find it upon him, for he had it in his Mouth to be sure.
Q. Are you sure, when you held out your Hand to give him Change, that the Ring was upon your Finger?
Evenden. Yes, I am sure of it; that at the Time the Money was in my Hand the Ring was upon my Finger; I had not had my Ring off for six Years, and the Blisters which he raised upon my Hand, did not break for several Weeks afterwards; he hurt me very much in the doing it.
Thomas Thorp . I was in Mrs Evenden's House, when the Prisoner and another Man came in, and called for a Tankard of Beer, they went into the Kitchen, and she desired them to go into the Drinking-Room, which they did; in a short Time, the Prisoner went into the Kitchen, and called for Change, (I was by the Fire-Side) said the Gentlewoman, You have given me a French Six-Pence; he pulled out another, and that was a French Six-Pence, by and by he pulled out a Shilling and threw it down; (I did not see it only heard it) then the Gentlewoman said, Here, Friend, here's your Nine-pence; she called out presently, Mr. Thorp, Mr. Thorp, he has got the Ring off my Finger; I came up presently to her Assistance, and went to searching of the Man, but could find nothing of it.
John Fellows . I was in this Gentlewoman House, drinking a Pot of Beer by the Fire-Side, when the Prisoner and another Man came in; I saw them whisper together, but could not tell what they said; he went into the Kitchen and called for Change, and I heard her say, he had given her a French Six-Pence, she gave it him again, and he gave her another; she said, that was worse than the other; he wrapp'd out a great Oath and said, she did not know good Money; presently I heard her cry out, he had got the Ring off her Finger, I went to her Assistance, and she shewed me the Marks of Violence upon her Finger, which were caus'd by taking the Ring from her.
Prisoner. I am as innocent as the Child unborn; I am a Stranger here; I have no Friends or Witnesses; I leave myself to the Court and the Jury. Guilty .
Joseph Hucks , Esqs; Brewers and Partners; the 3 Butts or Water Casks, for which the Prisoner is arraigned, are their Property; I found one of the Casks at Mr. Musgrave's, and another at Sarah Bemish 's.
Musgrave. I bought one Cask of the Prisoner, and paid him six Shillings for it, and my Lodger Whitehead bought another, and gave him the same Price.
Sarah Bemish . I bought a Cask of the Prisoner and paid him six Shillings for it; I do not know whether that is the Value of it for I never bought one before - I believe it is about half a Year ago; I know it is since last Midsummer.
Prisoner. I worked for Mr Hucks about a Month, and then came to my Friend, William Harper , who keeps the George in Bloomsbury, and worked for him about a Fortnight or three Weeks; Arthur Hedgely bid me carry a Cask for him; I told him, I did not care for doing these Things; said I, suppose I should meet the Cooper or the Men, they will charge me with stealing it; but he persuaded me to do it; the Wednesday after he bid me carry another, but I would not do it; I had the Casks of Arthur Hedgely , and left them at the Haunch of Venison; I expected Mr Fuller here to appear for me but he is not come.
224. + Sarah Wilmshurst , Wife of Stephen Wilmshurst , was indicted for that she not having the Fear of God before her Eyes, but being moved and seduce by the Instigation of the Devil, on the 4th Day of March , in the Sixteenth Year of His Majesty's Reign, in the Parish of St Gabriel Fenchurch , upon a certain Female Infant, about the Age of three Months, feloniously, wilfully, and of her Malice afore-Thought, did make an Assault, and the said Female Infant in both her Hands did take, and the said Female Infant with both her Hands in an House-of-Office, belonging to the Dwelling-House of Luke Philpot , where there was a great Quantity of Filth and Excrement, did cast and throw, by which casting and throwing into the said House-of-Office, and by Reason of the said Filth and Excrement, the said Female Infant was choaked and suffocated; of which Suffocation the said Female Infant instantly died, and that she, the said Sarah Wilmshurst , the said Female Infant did kill and murder .
She was a second Time charged on the Coroner's Inquest, for the said Murder.
Mary Belfour . I had Mrs Wilmshurst's Child to nurse about five Weeks, it had been six Weeks with another Person, before I had it: - It was the Child of the Woman, the Prisoner at the Bar; she fetched it away from me, and said, it was to go into Wales, to the Gentleman's Aunt, who was the Father of it: - She came to me, about Nine o'Clock at Night, and went away a little before Twelve.
Q. When did she come for it?
Belfour. She came for it on a Thursday Night, about six Weeks ago; she came about Nine o'Clock at Night, and staid till almost Twelve, before she took it out of the House; I thought she had no good Design, because she staid so late, so I followed her into Fenchurch street, and she turned down Star-Alley; there was a Woman followed her, and she went into the Globe-Alehouse, as I was told: I did not see any more of the Prisoner, till I saw her in the Poultry Compter, the Sunday following, and, after having some Discourse with her about the Child; I asked her how the Wounds came on the Child's Head, (for there were several Wounds on its Head) she said she laid no violent Hands upon the Child, but only put it down the Vault.
Q. How do you know it to be the Prisoner's Child?
Belfour. I know that to be the Child I had from Mr Philpot's House, which she had from me.
Q. When was it she told you, that she put it down the Vault?
Belfour. It was the first Sunday, after she was committed; I think it was the sixth Day of March.
Prisoner. I never said any such Thing to you; for I never said any such Thing to any Body.
Henry Gyles I live in the House with Mr Philpot; I am a single Man, and lie in the Shop for Conveniency; about Two o'Clock in the Morning, on the fourth of last March, as I lay in Bed, I heard somebody knock at the Door, and presently I heard somebody come padding down Stairs, which I took to be a Man, and then I heard a Whispering and a rustling as I apprehended of a Woman's Cloaths, and I heard him go up Stairs again, and I thought, she had gone up too; presently I heard something squeak, which I thought at first to be a Dog, and then I heard the crying of an Infant several Times: I wondered what could be the Reason of it; this was in the Entry, and very soon after, I heard the
Q. What Age did the Child appear to be of?
Q. Where does the Prisoner live?
Gyles. In the House with her Father.
Court. You say, when you were in Bed, you heard a Person come padding down Stairs; Who was that?
Gyles. That was the Journeyman, who let her in.
Q. Did he ever own any Thing to you, of her bringing in a Child?
Gyles. No, quite the contrary: - The Child was pulled up by its Cloaths.
Q. How did the Child appear?
Gyles. The Surgeon declared, there were Eleven punctured Wounds in the Head; I did not see the Wounds; the old Gentleman being with me, and in an Agony of Tears, I cannot say, but it moved me prodigiously, that I did not look at the Child, when I heard the Nightman say he had got it.
Prisoner. You say, Mr Gyles, you did not know I was with Child, when you knew very well I was with Child, and you are the Person that got the Child.
Gyles. This is an Accusation entirely false; but however, it is impossible that it can do you any Service; I have spoke the Truth, and nothing but the Truth; if you could lay it to me, Why did not you lay it to me?
[Mr Alderman Marshall said that he knew Mr Gyles, that he had an opportunity of knowing his Character; that he was an honest, sober Fellow, and always behaved well.]
Gyles. The Accusation is entirely false; she always denied she was with Child, and People have laughed at her for denying it; when she has gone to Market, the Butchers have said, she should have Things cheaper than another, because she was with Child, and she always said it was Fat.
Edward Sherrard . The 4th of March, between One and Two in the Morning, Sarah Wilmshurst knocked at the Door, I came down Stairs, and let her in, and then I went up Stairs, and the Prisoner followed me, and I went to Bed.
Q. Had she any Child with her, or any Bundle?
Sherrard. I saw no Child, nor no Bundle, that she had.
Q. Had you ever a Candle?
Sherrard. I had no Candle; - there was a Man at the Door, with a Candle and Lanthorn.
Q. Was there any Body along with her?
Sherrard. I did not see any Body. I open'd the Door a-jar, let her in, fastened the Door again, and then went up Stairs, and the Prisoner said she would follow me, and she came up Stairs directly.
Q. Did not you strike a Light?
Sherrard. Yes, I did, and the Prisoner fetched the Light away.
Q. Upon your Oath, did not you see a Child she had?
Sherrard. Upon my Oath, she had no Child.
Sherrard. She had no Bundle.
Elizabeth Wade . I was in Bed, when the Prisoner came to the Door, and I heard a Man-Servant in the House, go down and let her in, and the Door was shut; he returned up to his Room, and in a little Time after, came down again, and he did not stay long before he went up again, and a little while afterwards I heard the Prisoner come up.
Q. Did not you hear a Child cry?
Q. Where did you hear the Child cry?
Wade. In the Inside of the House.
Q. How do you know it was the Prisoner that went up Stairs?
Wade. I am pretty sure it was her - I heard a Woman come up.
Q. How do you know that Woman was the Prisoner?
Wade. I do not know that there was any Body else in the House.
Q. Where did she go after she went up Stairs?
Wade. She went into Sherrard's Room.
Q. Did you think it was her because of her going into Sherrard's Room?
Wade. I do not know any Thing of that.
Q. Did she appear to be with Child?
Wade. I took her to be so, but her Mother told me she was not; and she used stiffly to deny it; I enquired in the Morning who came in with a Child, and I did not hear any Thing of it till the Afternoon.
Q. What did not you hear till the Afternoon?
Wade. I did not hear till the Afternoon who brought in the Child.
Court. I think you said you heard the Prisoner come up.
Wade. Yes I did, but I did not think there was Murder in hand.
Jury. Where was Sherrard when you heard the Child cry?
Wade. He went up Stairs as soon as he let her in; I heard the Child cry by that Time he got into his Room; but I did not make any Observation of it, not thinking what was in Hand.
Jury to Sherrard. Did not you hear the Child cry?
Sherrard. No, I did not hear the Child cry.
Court. Is there any Body that knows of this Woman's being with Child?
Q. How long was that before the Child was brought to you?
Belfour. The Prisoner had the Case of it the Month she lay-in, and then she left it with the good Woman, where she lay-in, (with Mrs Kendry) and I believe it might be there about three Weeks, or a Month more before I had it.
Jury. Did she own the Child to be her's
Belfour. Yes, she did, and I am very positive it was her Child; I used to go frequently and see the Prisoner, and her Child, at that Person's House.
Robert Hobbins . (Nightman) I was sent for by Mr Gyles, to search the Vault for a Child; and when I came there, I found a Board had been taken up, and I could see nothing there; I called for a Piece of Candle and a Bit of Clay and put it down the Seat of the Vault, and saw something lie three or four Inches above the Soil, like a Bundle, and I took a Drag, with three Tynes, (it was about three Foot from the Top of the Seat) I took hold of it with my Drag and put my Right-Hand down and brought it up with my Hand: Says I, Here is the Child; says I, I will see whether it be a Boy or a Girl; I took out a Pin and undid the Clout and found it to be a Girl, and the Child's Feet or Legs were not at all wet; I saw some Blood just by the Side of the Temple, notwithstanding the Soil that was upon it - the Blood appeared thro' the Soil.
Q Did you see any other Wounds upon the Child?
Hobbins. There's a Gentleman can give a better Account of that than I can.
Prisoner. What did you take the Child up by?
Hobbins. I took it up with a three-Tyned-Drag which took hold of the Cloaths.
Prisoner. Was there no Iron at the End of it?
Prisoner. Perhaps the Child might receive a great deal of Prejudice from that?
Hobbins. No it could not, I did not touch any Thing but the Cloaths with it.
Mr Springate I am an Apothecary. I was present with the Surgeon when he examined the Body, and I found eleven punctured Wounds, which I apprehend were done either with a Pair of Scissars or the Point of a Knife, but none of them had entered the Skull, and it was our Opinion that none of them were the Occasion of the Child's Death; the Wounds were on the Side of the Head, and one of them was a little above the Right-Eye.
The Prisoner's Defence.
About seven o'Clock in the Evening, the third of March, I went to fetch my Child from that Woman's, ( Mrs Belfour ) who had it to nurse, and I believe I staid till about eleven o'Clock, and I wasHenry Gyles took the Child from me, as I hope to be saved, and took it into his Room. - Henry Gyles , as soon as the Door was open said, You have a Mind to ruin me. Did not I give you a Pint of Victuals of the Child's, and was not the Child to be in your Room all Night?
Gyles. No, there is no Truth in it, I did not see the Child.
Prisoner. How can you say so, when you know you took the Child into your Room.
Q. What did Gyles say when you came in.
Prisoner. Gyles said to me, G - d d - n you, you have a Mind to ruin me; so I went up Stairs, and Sherrard gave me a Bit of Candle, and I laid down on the Bed, and fell asleep.
Q. What became of the Child?
Prisoner. I left the Child with Henry Gyles . In the Morning about six o'Clock, I heard the Shops opening, and his Shop was opening, and he did not use to open so very early. - This was before six in the Morning; I enquired after Mr Gyles, and the Man told me he was gone to the Keys to take a Walk. I did not know but he might be gone to get a Nurse for the Child, for he was to have provided a Nurse for it, and that was the Reason of my taking it from that Woman, and the Child was to go down into Wales; Pray did not I tell you so, Mrs Belfour?
Mrs Belfour. Yes, you did say so to be sure.
Prisoner. I used to get the Money of him for the Child, and always paid her for the Child, for it was always a Pleasure to me to take Care of what was born of my Body.
Mrs Belfour. Indeed you always paid me very justly.
Prisoner. I took the Child away from the other Nurse, because it was almost starved.
Q. You spoke of the Child's going down to a Person in Wales; What was the Reason of that?
Prisoner. Mr Gyles bid me say so. I got the Money form Mr Gyles, and I used to make and mend, and wash his Linnen; I had nothing else to provide for, being in a good Father's House. - After I had given Gyles the Child, I went up Stairs and fell asleep; but I was to have been in his Room all Night, and to have gone out with the Child the next Morning. In the Morning about eleven o'Clock, my Father told me there was a fine Story raised of me; that I had made away with my Child. Said he, I did not know you had a Child; says he, Mr Gyles tells me you had a Child which you brought in last Night, and that you put it down the House of Office. I said to my Father, he cannot say that to my Face surely; says my Father, If you know yourself to be innocent, you must clear up the Point. I said I will very readily do that. I believe my Father did not know I had a Child, nor none of the Family, except my Mother, and to be sure she did. Says my Father to Mr Gyles, Sure this Thing cannot be true, you will not be so base as to say so? Yes, says he, I will, and I will take my Oath of it upon twenty Bibles. My Father said, if such a Thing was done, it would be better for me to go out of the Way; and if I had done it, if I had not known myself innocent, I would have gone. No, said I, I am innocent of the Thing, and therefore I will not go away. My Lord, IHenry Gyles said to me, If I would say that Edward Sherrard put the Child into the Vault, he would give me five Guineas: No, I said, I will not, he is innocent of the Fact, and I would not do it for all the World: Gyles doubted very much whether I would pay the Woman the Money; and he thought the Child could be nursed at two Shillings a Week, and this Woman had three. I can call a great many to my Character to shew that I was always an indulgent Mother; I have had ten Children, and no Body can say but that I always used them tenderly - I have a Husband, but I have not seen him these two Years; I was unhappily with Child by this Man, and no Body knew it but my Mother, and Henry Gyles and that Woman (meaning Mrs Belfour.)
Court to Gyles. This Woman says, you took this Child from her when she came in.
Court. Was it so or no?
Court. She says you are the Father of the Child, what do you say to that?
Henry Gyles . My Lord, I know nothing of it; I do, upon my Oath, declare, that she never told me a Word of her being with Child, and I knew nothing of her having a Child living till I heard the Child cry in the Entry, I declare it solemnly.
Prisoner. Did you never lie with me?
Prisoner. Mr Gyles advised me to keep it a Secret, and so I sent to a Person who did not know me.
Mrs Hatfield. The last Child I laid her of was about two Years ago, at her Father's, and she said, that was her Husband's Child. - I never apprehended that she ever shewed any Cruelty to any Child.
Luke Philpot . I come to speak in Contradiction to what has been said, with Respect to Mr Gyles's Character; and I do know that Mr Gyles has attempted to get to Bed to a young Woman, a Servant of my Father's, since this unhappy Affair happened; this is true, notwithstanding Mr Gyles's great Virtue.
225. + Mary Thomas , Wife of Rice Thomas , of St Mary Whitechapel , was indicted for privately stealing one Linnen-Purse, val. 1 d. and 5 l. 14 s. and 6 d. in Money, the Money of David Thomas , from the Person of Elizabeth, Wife of David Thomas , April 4 .
David Thomas . We are poor Welsh-Folk. My Wife lost the Money out of her Pocket; I stood just by her at that Time. - I saw the Prisoner put her Hand into my Wife's Pocket, and take the Money out and run in Doors - out of Doors.
Q Where was this done?
David Thomas . It was at the Prisoner's House, my Wife is her own Sister-in-law - they had some falling out before the same Day, and I go to that House to make it away - to make it up; and the Prisoner put her Hand round my Wife's Middle and so took it out of her Pocket; my Wife missed her Money and said, she had taken it; the Prisoner say to my Wife, I do not take your Money.
Q. What Countryman are you?
David Thomas . I am a Welshman - I cannot tell what she did with the Money, she went to the Door with it, and the Prisoner came back again presently - in about a Quarter of an Hour - I had not the Money again - I do not know who got it, the Prisoner got it from my Wife.
Q. Did she put her Hand into her Pocket in a publick or a private Manner?
Q. You do not know whether your Wife had the Money again or no?
Q. Was your Wife drunk, and did you carry her home in your Arms?
Elizabeth Thomas . My Husband and I had some Words, and she came to make it up, and she put her Hand round my Middle, and when I put my Hand in my Pocket I missed my Money, and I said, Lord! all my Money is gone. If you have lost your Money, said the Prisoner, I will look for it. Said I, How can you look for it when you have it. - She took it out of my Pocket.
Q. How did you come by this Money?
Elizabeth Thomas . By hard working and Industry - there was 5 l. 14 s. and 6 d. when she had taken it, she went out of the House, and in a little Time came back again; and then I told her she had got my Money: I could not tell whether she took it in Jest or good Earnest.
Q. Were you sober then, or were you in Liquor?
Q. What Reason had you to think she had the Money?
Elizabeth Thomas . I had Occasion to pay some Money about a Quarter of an Hour before, and I am sure I had it then - when I missed it I said, All my Money is gone, I have not a Farthing in the World to buy Bread for my Child.
Q. How came you not to stop her?
Q. Did she go out immediately, after she took the Money out of your Pocket?
Ann Simpson . I was with the Prisoner, on Easter Monday, from Seven o'Clock in the Morning, till Twelve at Night, at the Cherry-Tree; there had been a Quarrel, and David Thomas 's Wife had bound these People over, and I was afraid the Prisoner would have had hard usage: Elizabeth Thomas , said to the Prisoner, Come, Sister, we must be Friends, in spight of all the Devils in Hell. - This Elizabeth Thomas had run Nine-pence Halfpenny in the Gentlewoman's Debt; she was in Liquor, and she said she would go home; the Prisoner said, Betty, you shall not go home; but she did go home, and came back again, and the Prisoner carried her home from the Cherry-Tree, to the Prisoner's own House, and after we had been some Time at the Prisoner's House, she gave each of us a Dram of Gin, and a Quarter of an Hour before Twelve, we came out, and left the Prisoner in her own House, we all came home together; I had been in Bed above a Quarter of an Hour before Elizabeth Thomas came home; Lord, Simpson, says she, I have lost my Money; my Sister took it out of my Pocket; said David Thomas , Now, between you and your own Conscience, do you think, your Sister-in-Law has your Money; and she said, I cannot say so; and David Thomas said, My Wife cannot swear it: - I do not know whether the Prisoner was at David Thomas 's House, I never was out of her Company, and Elizabeth Thomas might as well have sworn it to me, as any other Person.
John Stone . I am a Lodger in Rice Thomas's House, and I heard no Manner of Disturbance that Night: - It was in Rice Thomas's House, that this Thing was done, and not in the House of David Thomas , the Prosecutor.
A Witness. I lodge in Rice Thomas's House, and never heard any ill of any of them.
226. Rachael Wilford , of St. George in Middlesex , was indicted for stealing 1 Cotton Gown, val. 2 s. and 6 d. one Dimitty Petticoat, val. 18 d. 1 Apron, val. 1 s. 1 piece of Linnen Cloth, val. 1 s. 2 Pillowbiers, val. 1 s. and 2 Napkins, val. 6 d. the Goods of Mary Stinson , and one Pair of Stockings , the Goods of John White , Feb. 14th .
Mary Stinson . On the 14th of February, I was robbed; I lost the Gown out of a Wash-Tub, in a close Yard belonging to my House, in Marsh-Yard, in Wapping ; and on 22d of February, I saw the Prisoner with this Gown upon her Back; I found the Prisoner in Whitechapel, the first of April, and then she told me, the Gown was at the Pawnbroker's; the Petticoat she had sent to her Mother's, and the Apron she had made Shift Sleeves of. I found the Gown at the Pawnbroker's by the Direction of the Prisoner.
Elizabeth Ingram . On the 22d of February, I was going up Well-Street, and saw the Prisoner with the Gown upon her Back; I went to Mrs Stinson, and told her, but the Prisoner was gone; Mrs Stinson got a Constable, and took her in Whitechapel, the first of April; she had not the Gown on then.
Elizabeth Bedford . When the Prisoner was before the Justice, she said she bought the Gown two Years ago on Tower-Hill; and said, she would work twenty Years, and give her three Shillings a Week, if she would but make it up.
Prisoner. I bought the Gown in Rag-Fair, and gave three Shillings and Six-pence for it. Guilty .
227. Ann Slate , of St Mary-le Bone , was indicted for stealing two Holland-Shirts, val. 7 s. one Cambrick-Hood, val. 1 s. one Linnen-Apron, val. 2 s. one Napkin, val. 6 d. two Caps, val. 6 d . one Muslin Hood, val. 6 d. two Handkerchiefs , val. 1 s. one Towel, val. 3 d. and a Pair>of Ruffles, val. 6 d. the Goods of John Buckley . March, 4 .
Jane Buckley . The Goods were stole out of my Yard, in Oxford-Road , March 4, I found some of my Things at Mr Pythian's, a Pawnbroker; I went to all the Pawnbrokers I could think of to enquire after them, and Mr Pythian stopped the Prisoner, and sent for me; she would not confess any Thing.
John Pythian . Between eleven and twelve in the Forenoon, the Prisoner came to me, and pledged a Shirt and a Handkerchief for a Shilling; between one and two o'Clock, or something sooner, Mrs Buckley came to me, and asked me, whether I had taken any Shirts in; I shewed her this Shirt, which I had of the Prisoner, and she said it was her's.
Pythian. The two Hoods and the Cap were brought to be put with the Shirt for 6 d. more; Mrs Buckley desired I would stop her if she brought any more, which I did, and sent for her; the Linnen was not dry when she came in the Morning; the Evening before, she came to pledge a coarse Apron for 3 d.
Prisoner. I never saw the Prosecutor before I saw her at the Pawnbroker's, and I do not know where she lives. Guilty .
Thomas George . I live in Cow-Cross ; on the 25th of March, between five and six at Night, I saw the Prisoner put his Hand up to the Rail, and take a Pump off; the Pump was put upon the Rail in the Window for a Show; I followed him and saw him throw the Pump down. It is marked with my Mark; I never lost Sight of him till I took him; he run prodigious fast, that I had much ado to over-take him: He said, What did I run after him for? he knew nothing of the Matter; and he said the same before the Justice. As I came back with the Boy, one of Neighbours who had picked the Pump up gave it to me. I had lost a Pair of Pumps just before.
The Constable. This is the Pump which Mr George gave to me.
Prisoner. I am between twelve and thirteen Years of Age, and used to go to work with my Uncle, who plies all the the tage Stairs, he is a
Q. So you think she took the Shirt in order to pay herself the Debt; How came you to indict her for Felony?
Barnesby. I did it in a Passion.
Constable. She told another Story then. Acquitted .
230. + Mary Lhuillier Iyres , of St. George in Middlesex , was indicted for stealing two Linnen Aprons, val. 10 s. the Goods of Mary Salter ; two Sheets, val. 10 s. the Goods of Hannah Morris ; one Shirt, val 20 s. the Goods of Charles Palmer ; one Shirt, val. 20 s. the Goods of William Blenham ; a Handkerchief, the Goods of Ann Vanhust ; and one Dimitty Waistcoat, the Goods of John Goswell , in the Dwelling-House of Ann Hedges , Feb. 17 .
Ann Haynes . Mary Lhuilleir Ayres , washed and ironed for me twelve Months, in the Dwelling-House of Ann Hedges ; she took two Linnen Aprons belonging to Ann Salter , and the other Goods mentioned in the Indictment belonging to several Persons. I used to send her for the Linnen, and when they were delivered to her, she took them out of the Bundle and pawned them; several Things were missing, and I told her the Persons that owned them pressed me for them; and last Christmas I paid fourteen Shillings for these two Aprons. The next thing I lost was a Shirt, but I could not find that, but I found one that was lost since. - She did not bring the Things Home to me; she washed for me and another Mistress. - She sold a Shirt for three Half-Crowns; this Handkerchief belongs to Ann Vanbust ; this is William Blenham 's Shirt.
Margaret Asbridge . I bought this Shirt of Mrs Ayres, she washed for me about two Years, and was always very honest to me. She came to me one Day, and told me she could help me to a very good Shirt, which would be a Pennyworth; I think it was the 17th or 18th of February; she said it was in Pawn for five Shillings; she desired I would let her have the Money to fetch it, so I let her have a Crown, and she fetched it. I asked her what she must have for it, she said I should allow her what I thought proper, and I allowed her three Half-Crowns for it I did buy something else of her, but nothing belonging to the Owners of these Things. I shewed them some other Things, but they did not own them.
Eslher Kennian. The Prisoner's Sister gave me a Handkerchief to pawn, and I pawned it; the Prisoner bid me pawn it for Eighteen-pence, but I could not get so much; and I gave the Money to the Prisoner. This is like the Handkerchief - I cannot say it is the Handkerchief.
Ann Buckley . Mrs. Haynes is my Aunt. The Prisoner owned the pawning of the two Aprons, said it was by my Aunt's Order, but she did not own the pawning of any thing else; they were pawned to Mr Rawlins in Long-Acre, but he is not here; there is but one Shirt found.
Prisoner. Mrs Haynes sent me into Long-Acre, and I asked her for Money to pay for my Child's Nursing; she said she had but half a Crown in her Pocket; but said she, Ayres, you shall have it; but said she, What shall I do for Soap? You must go and pawn this Shirt for a Crown, but I could pawn it but for half a Crown; and I could buy Soap at one Place a Half-penny a Pound cheaper than I could any where else; and I bought six Pound at five-pence per Pound, and sent it Home - She often sent me to pawn Things for her.
Q. to Haynes. Did you consent to her pawning any Thing for half a Crown to buy Soap?
Haynes. There is nothing at all in it.
Prisoner. There was no Body but Mrs Haynes and I together, when the Aprons were pawned. Guilty 4 s. 10 d .
Robert Evans . As I was going Home, the 9th of March, I saw the Prisoner going out of my Yard, with this Saucepan under her Apron. I took it from her; I am sure it is my Saucepan, and I am sure to the Person. Guilty .
Thomas Pilkington . On the 24th of March , I went Home between twelve and one at Noon, to put on a clean Shirt, and this Woman had just got to the Bottom of the Stairs. I asked her what she wanted, she said she wanted nothing. I followed her into an Alley, and under her Cloak I these two Sheets. I asked her where she go she said she got them up in the Garret as a-drying . Guilty .
Winifred Jackson , late of London, Spinster , Judith Mayers , wife of Andrew Mayers , late of London, Jeweller , Solomon Mayers , late of the same Place, Jeweller , and Mary Mayers , late of the same Place, Spinster , were indicted, for that they, upon the 4th Day of March, in the 15th Year of our Sovereign Lord George the Second , &c. at the Parish of St Christopher, in the Ward of Broad street , did unlawfully conspire, combine and consult together, one Thomas Sharp of London, Laceman , of a large Sum of Money, by unlawful and deceitful Ways and Means, to cheat and defraud .
The Case, as laid in the Indictment, was, that Winifred Jackson , having four East-India Bonds in her Custody, viz. No. 11453, dated September 30, 1708. A. No. 12179. dated June 22, 1711. A. No. 15106, dated July 22, 1712. A. No. 16388, dated November 16, 1713. And the East-India Company having given due and publick Notice in the London-Gazette, on the 21st of June 1729, for the Payment and Discharge of the 1st of the said Bonds, that Bond ceased to carry any further Interest, from and after the 31st of December then next ensuing: And the said Company having given the like Notice on the 16th of May 1730, for the Payment and Discharge of the other three Bonds, those also ceased to carry any further Interest from and after the 31st of December then next ensuing: And that on the 1st of January 1730, and from thence continually to the 4th Day of March aforesaid, there remained due and payable, from the said Company, over and above the principal Sums of 100 l. on each of the said Bonds, no more than the Sum of 96 l. for Interest, on Account of all the said four Bonds: And they, the said Winifred Jackson , &c. did falsly, fraudulently, unlawfully and deceitfully declare, affirm, and assert, to the said Thomas Sharp , that the Company, notwithstanding such publick Notices, had, upon the Petition of her, the said Winifred Jackson , at a general Court by them holden, ordered, that the said four Bonds should carry Interest to the said 4th Day of March; and did likewise assert, that there was then due, from the said Company, on Account of the said four Bonds, the full Sum of 665 l. 2 s. And they did falsly and deceitfully persuade and incite the said Thomas Sharp , to pay her, the said Winifred Jackson , the said Sum of 665 l. 2 s. which Sum he, giving Credit and Belief to the aforesaid Declarations, &c. did then and there actually pay, into the proper Hands of the said Winifred, as so much Money due from the said Company, on and for the Purchase of the said Bonds, by Reason and Means whereof, the said Thomas Sharp did then and there pay to the said Winifred 169 l. 2 s. more than was really due: And thereby the said Winifred Jackson , did fall, and obtain from, cheat and defraud the said Thomas Sharp of the Sum of 16 l. 2 s. to the great Deceit, Fraud, and Damage of the said Thomas Sharp , in Contempt of our said Sovereign the King, and his Laws, to the evil Example of all others, &c.
The Council for the Prosecutor having opened the Case, were proceeding to call their Witnesses in order to prove it, when it was objected, on the Part of the Defendants, that the first Bond was improperly set forth in the Indictment, it being there laid that the United Company of Merchants of England, trading to the East-Indies, by the Name and Description of the English Company trading to the East-Indies, did in and by one Bond dated the 30th Day of Sept. 1708, acknowledge, &c. whereas, at the Time the said Bond bore Date, they were not the United Company.
To this it was answered, That by the Act, 6 Anne c. 17. they were to assume that Title on the 29th of September 1708, which was the Day preceeding the Date of the Bond in Question; provided the Lord Godolphin should by that Time settle his Award between the two Companies.
The Council for the Defendants admitted they were so, in Case the Lord Godolphin, then Lord High-Treasurer, (to whom the two Companies had submitted the settling the Terms of their Union) should before that Day make his Award in Writing; but that it was incumbent on the Prosecutor to prove such Award was made; this he not being prepared to do, could not proceed as to that Bond. The Council would then have gone on to prove the Fraud, in relation to the other three Bonds; but the Jury not having found the several Sums due, or paid, for the Principal and Interest on each Bond, but one general Sum upon the whole, the Defendants were acquitted .
237. 238. Mary Buskin and Elizabeth Seward were indicted for stealing 56 lb. Weight of Sheet-Lead, val. 5 s. 56 lb. Weight of Lead-Shot, val. 5 s. and one hundred Weight of Rope, val. 2. the Goods of Messieurs Trueman , Cooper , Trent , and Adams , March 28 .
William Badcock was indicted for stealing one Cloth Coat, one Pair of Breeches, one Callico Gown, one Mantelet, a Violin, a Saucepan, and a Tinder-box , the Goods of John Story , December 13 . And.
John Story . William Badcock , my Brother-in-Law, was with me nine Months; and while his Sister was making some Water Gruel, he took an Opportunity of taking these Things away. I found my Breeches upon him, the 12th of Feb.
Q. Was it not customary for you to wear one another's Things ?
Story. Never, but such a Thing as a Coat; he has wore this Coat which I have on of a Sunday
Q. Did you never wear any Stockings of his?
Story. I believe I have, but I gave him another Pair in the Room of them.
Q. Did you never offer to make it up, if he would give you a general Release?
Story. I could not be safe without a Release. Acquitted .
She was a Second Time indicted on the Coroners Inquest.
Jane Wotton . I am near thirteen Years of Age; last Thursday I saw the Prisoner go by our House, between one and two o'Clock, to a Vault belonging to Mr. Burkit at Chelsea, with something under her Petticoat; about a Quarter of an Hour afterwards, I saw her come back with something in her Lap, but it was not quite so big as it was before; she had a Stick in her Hand, which was clean when she went, and when she came back it was soiled. I went to the Vault soon after, and saw some Drops of Blood upon the Seat, and I heard something blubber in the Vault. I came Home directly, and told my Mother; my Mother said some Child had been there and cut their Fingers.
Elizabeth Wootton (the Girl's Mother, repeated what the Child had told her). I went to the Vault myself, and there was a little Blood upon the Seat, and the Soil looked as if it had been disturbed. At Night I told an old Gentlewoman of it, that lives in the House, and the next Morning we searched the Vault, and found something that seemed to be hard and heavy; I went for a Pair of Tongs, and happened to take hold of a Child's Arm; when I saw the Child, I squalled out, and let the Child drop down again into the Vault. The Child was taken out stark naked. I did not perceive any Marks of Violence. - I live next Door but one to the Prisoner, and observed before, that she seemed to be big. I have heard she has a Husband.
Esther Graham searched the Vault with Mrs Wotton, and took up a Female Child; and said she observed the young Woman to look pretty big, but does not know how long she had gone, and that there were no Marks of Violence upon the Child. - She lives with her Mother, who gets her Bread by nursing of Children.
Mary Andrews . On Friday last, I was sent for to the Coach and Horses in Chelsea, opposite to the College-Wall; Mrs Wotton brought a Child to me, which she said she had taken out of a Vault, and desired I would search it; there were no Marks of Violence; it had the Navel String three Times round its Neck, so that it was impossible the Child could be born alive.
Mr. King, the Coroner. I would ask her whether she had any Discourse with the Prisoner about disposing of the Child, and what her Confession was.
Andrews. Last Sunday, the Overseers sent for me to come to the Workhouse, to meet another Midwife, to search the Prisoner. I asked her how she did, and said, I hope you have no Milk in your Breast; she cried: Said I, it does not signify any Thing to cry, tell me how it was. She owned the having the Child, but said she did not kill it, indeed I did not lay violent Hands on it. She said she was in Bed, and had the Belly-ach, and after two Pains, the Child was born; and her Husband being away from her several Years, she was ashamed of its being discovered, and she laid the Child under the Bed; and on Thursday Morning, before it was light, she put it into the Vault - She said she did not observe any Body see her do it, and that she went that Thursday with a Stick, because she had seen part of it, and took the Stick to push is down with. That the Friday before she was delivered,
Elizabeth Thomson . The Prisoner is my Child, and never lived from me; she told her Father the Coals had hurt her. She never gave me any Account of her Condition. I told her the People said so of her, and she said they would say any Thing.
Q. According to your Account, she must be very big indeed.
Thomson. She said she thought she had six Weeks longer to go, and that she did design to tell me of it before then.
Mrs Andrews's Mother. The Prisoner has been married twelve Years, her Husband has been gone from her six Years. - I do not know whether she has a Husband now. Acquitted
Peter Winstanley . On the 1st of this Month, Mr Steere sent his Apprentice, Henry Arnold , with a Draught of 117 l. 13 s. on Messieurs Honeywood and Fuller, which he received, and set down the Particulars; just as he put it into the Shovel, and held it in his Hand upon the Counter, the Prisoner came into the Shop, with two Spanish Doubloons, as I apprehended, to sell; I weighed them, and thought the most ready Way, as he did not understand English, was to shew him what I would give him for them, which was six Guineas and six Shillings; and I laid the Money upon the Counter; he did not take this Money which I offered him, but went to the other End of the Counter, where the Shovel full of Money was, and took up a handful and separated them; there were 36 Shilling Pieces, and some Moidores; I thought he understood that Money better, so I ordered Arnold to give him the Money out of the Shovel; he said he could not pay him out of that Money, but he gave him three 36 s. and I gave him a Guinea and three Shillings; still I could not keep his Hand out of the Shovel, he had it in several Times: He pointed to his Knees, as much as to say he wanted a Pair of Knee-Buckles, he had no Buckles to his Knees: I pulled out the Drawer, he took out a Pair, I weighed them, and asked him eight Shillings for them, he said he would give me six Shillings. - He spoke a little broken, but he said six Shillings as plain as I do now; I said I would take no less than eight Shillings. A neighbouring Goldsmith came by, and gave me a Caution, for he said he had been in his Shop just before, and he suspected him. Just as he was going out of the Shop, he said he would give me seven Shillings, and went away. I took three Thirty-six Shillings, and gave them to Arnold to put into the Shovel. Now, says I, your Money is right, or should be right. I bid him tell it, and asked him if he had not taken any; he said there were four missing; he told it twice before I offered to go after him I thought I should light of him about Exchange Alley, but I did not: About an Hour afterwards I lighted of him, in Beavers-Marks, in Dukes-Place, in a Room with five or six more Jews. I took hold of him, and charged him with it; he seemed frightened, and said, as they told me, if I would be quiet, and make no Disturbance, he would return me the Money. I sent Home for my Master, he brought a Constable, and we had him before my Lord-Mayor.
Henry Arnold confirmed every Circumstance of the former Evidence; and said he received at Mr. Honeywood's and Comp. 117 l. 13 s. viz. seventy-five Moidores, nine Thirty-six Shillings, and four Shillings, that he told the Money twice immediately after the Prisoner was gone, and missed four Moidores; that no Body else had been in the Shop; that the Money was never from him, nor the Shovel out of his Hand.
The Prisoner (by his Interpreter) said, that he did not care to take Guineas, and only pointed to the Shovel; that he never touched the Shovel, nor any more Money than they gave him; that he did not know what they came to him about, till they came before my Lord Mayor; that he supposed it was a Fraud among the Servants, and so they laid t upon him.
Zipporah Silver , Levena Clervert, Jacob Depaz , Jacob Aaron , and Solomon Riatti , gave him the Character of a very honest Man, and have known him about two or three Years, that he is a Merchant, and goes abroad with Goods; that they have trusted him, and he has paid them very honestly; that he came from Gibraltar but the Day before this happened.
Isaac Silver , the Interpreter, has known him twelve or thirteen Years; was acquainted with him in his own Country; says that he has the Character of an honest Man, especially among the English and French; and that he cannot speak a Word of English. Acquitted .
The two last Trials were omitted in the Proceedings of the former Sessions, on Account of the extraordinary Length of Mr. Waite's Trial.
Of those attainted in this Mayoralty, the following were executed on Tuesday, April 12. Viz.
Condemned in December, Sessions.
Condemned in January, Sessions.
Condemned in February Sessions.
The two following are to be transported for Life, Viz.
Condemned in January Sessions.
To be transported for fourteen Years.
Condemned in December Sessions.
His Majesty having ordered the Names of the following to be inserted in the next general Pardon for the poor Convicts in Newgate; the three First named having given Bail to plead the said Pardon, are discharged, viz.
The Trials being ended, the Court proceeded to give Judgment as follows.
Received Sentence of Death, 6.
Richael Wilford, 226
Burnt in the Hand, 2.
H - W - 186