JUSTICE-HALL in the Old-Bailey, on WEDNESDAY June 29, THURSDAY June 30, and FRIDAY July 1.
In the 17th Year of His MAJESTY'S Reign.
BEING THE Sixth SESSIONS in the MAYORALTY OF THE
Printed, and sold by M. COOPER, at the Globe in Pater-Noster-Row, 1743.
King's Commissions of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.
BEFORE the Right Honourable ROBERT WILLIMOTT , Efq; Lord-Mayor of the City of London, the Right Hon the Lord Chief Baron PARKER , Mr Justice WRIGHT, Mr Justice ABNEY, 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.
James Kennedy . The Prisoner came to lodge with me the 6th of May, and on the 12th of May she stole these Things: I met her accidentally in the Park on Whitson-Monday, (of all the Days in the Year) between two and three o'Clock in the Afternoon, said I, How could you be such a base Jade as to rob me, and take away my Key too; she begged for her Life, and said she had pawned them.
Rachael Bradshaw , the Pawnbroker's Servant. I took these Things in from the Prisoner, and her Sister, I lent her two 2 s. on the Tea-kettle, 12 d. on the Sheets, and 4 d. on the Iron, I have known the Prisoner these 5 Years, she has pawned Things frequently at our House. Guilty .
William Warren . I am a Watch and Clock-Maker ; the Prisoner has been my Apprentice almost five Years, he went away one Morning about five o'Clock; when I came down I missed the Clasp, and the Spoons: He was taken 4 Days afterwards, and brought to my House in a Coach: he confessed before the Justice that he told the Clasp for 2 s - He behaved but very indifferently before this; this is the fourth Time he ran away from me.
Prisoner. I ran away for Fear, because I had lost some other Things: I was suddled when I was before the Justice, and did not know what I said.
- Painter. The Prisoner confessed the taking the Clasp, I cannot tell whether he said, he or some body else sold it, but he or his Confederate sold it for 2 s. Guilty .
285. Thomas Storer . of St Ann, Westminster , was indicted for feloniously ripping, taking, and carrying away (after the 24th of June, 1731, to wit, on the 10th Day of June, 1743 ,) 300 lb. Weight of Lead, value 12 s. fixed to a House belonging to Samuel Seddon , and John Seddon , their Property, against the Form of the Statute, &c .
William Sarsfield . On the 10th of this Month I was called up by a Watchman, between 3 and 4 in the Morning, who told me some Fellows were taking the Lead off a House, which I had the Key of, belonging to Samuel and John Seddon , in Soho Square ; I went and searched the House, and found Storer and Bishop concealed between the Ceiling and the Roof: This Piece of Lead, and this Lock lay by
William Bishop The Prisoner is a Bricklayer ; I am a Shoemaker; he and I went into the House - the Salmon and Bell, between 3 and 4 in the Morning; we got in at the Cellar Window - went out at a Trap-Door into the Gutter; pulled some of the Tiles off, and then cut the Lead of the Gutter off with a Knife; we took as much Lead off the House the first Time as came to half a Guinea, which we sold to one Jeddery for three Farthings a Pound, who said they never gave more - we carried the Lead away, and hid it in a Dunghill, till it was Day-light, and then took it away, and sold it; about three Days afterwards we went the second Time, and went down the Area, and in at the Cellar; a Watchman heard the Door open, and asked who was there; when we heard the Watchman we went up Stairs, and hid ourselves over the Ceiling, and the Watchman came and found us there; we did not take any Lead away the second Time, only took the Lock off the Door - the Prisoner had a Share of the Money - I have not been long acquainted with him in this Way.
Prisoner. I never had any Concern with him in my Life.
Joseph Hughes Constable . It was my Watch Night, and about 4 o'Clock in the Morning the Watchmen brought the Prisoners to the Watch-house and locked them up, as I thought very safe, and about 8 o'Clock when I went to see for them, they were broke out and gone. I was at a considerable Charge to take them; I took one that Afternoon, and the other another Time; I took Bishop in Milford Lane, and the other by Drury Lane.
William Collins . About half an Hour after 3 I looked into the Area, and saw 2 Fellows a peeping, and they whipt into the Kitchen, and ran up Stairs; I gave Notice of it to Mr Sarsfield, who had the Keys of the House; we search'd for them, and found them in a little Hole between the Ceiling and the Roof of the House: This Piece of Lead and this Bludgeon lay by them; we carried them to the Watch-House, and put them fast up.
Prisoner. Bishop and I had been drinking, and had got suddled, and he threw my Hat and Wig down into the Area, and I threw his down after them; we only went down to get them, and the Watchmen came and took us. I do not know any Thing of the Charge.
Bishop. This Knife, File, &c. belongs to the Prisoner.
Prisoner. I think he ought to call some Persons to his Character. Guilty .
Mr Willoughby. There was, according to the Plumber's Bill, 8 Hund. 3 qu. 20 lb. Weight of Lead stole from a House belonging to the Duke of Bedford, in Great-Russel-Street ; 700 Weight was lost about Christmas; I believe the rest was taken away the 20th of May.
William Bishop . The Prisoner and I took some Lead off the House in January; the last Quantity was about 200 Weight, in May, off the same House Mr Willoughty means: We took it between 11 and 12 at Night, and sold it to one Jeddery, just by St. Giles's Church; Luellin bought the first Parcel about Christmas; we carried it to his House between 4 and 5 in the Morning, and Storer threw it down his Cellar-Window, and after it was Light, we went and saw it weighed, and sold it him for 3 Farthings per Pound.
Luellin. You came to my House, and said you had some Lead to dispose of, and I told you I would not buy it, because I believed you had stole it.
Storer. I never sold the Man any in my Life. Both Guilty .
288. John Hamilton , of St. Paul Covent-Garden , was indicted for stealing 200 lb. Weight of Lead, val 16 s. fixed to a certain Dwelling-House, belonging to Elizabeth Williams , her Property , January 1 .
William Bishop . Hamilton and I went into a House in King's-Street, Covent-Garden, about 12 at Night, in at the back Part, and took as much Lead as we sold to a Widow-Woman in Parker's-Lane for 15 s. - 'Tis a Sort of a Plumber's Shop.
William Bishop . George Treacle is a Shoemaker : About a Month before Christmas, about 4 in the Afternoon, he and I went into an empty House, the second House to the Corner of Hosier Lane , belonging to Mr. Greenhill; Treacle had a small Chissel, and took the Sink out of the Wood, and we got a Saw, and cut the Sink and the Cistern to Pieces; he carried one Part, and I carried another to a Plumber's in Castle-Street, by Brokers-Alley; we sold it there for 10 s. a Hundred; there was one Parcel something above a Hundred Weight, we parted the Money between us; I had 5 s. or within a Trifle of it. Another Time, Treacle and I took a Piece of a leaden Pipe about half an Hundred Weight, which came to a Crown, and that we had between us. About 3 Weeks after, about 11 or 12 at Night, Hamilton and I took about a Hundred and an half Weight of Lead off the Balcony of Mr. Greenhill's House, and sold it to a Widow-Plumber in Parker's-Lane; it came to 14 or 15 s. and the Money was divided between Hamilton and I. Thomas Storer and I went to a House belonging to Mr. Greenhill, broke a Hole through the Roof, and got into the Gutters, and took about 1 Hundred and three Quarters of Lead; and we carried some of it to the Widow Jeddery in Middle-Row, which came to 7 s. and the Money was divided between us.
Pris. Storer. I have nothing to say; I know he is a vile Rogue. I think such a Person as that ought not to be admitted an Evidence.
Tho. Wibb . John Hamilton was a very honest Servant to me; he went away 10 or 12 Days before Whitsuntide; he hurt his Hand, and that was the Reason he left me. - I am a Ginger-bread Baker in St. Thomas's.
Will. Waite. I have trusted Hamilton with a great many Parcels of Grocery Goods, and always found him honest and faithful; some was about two Months since. All three Guilty .
James Lake. I am Servant and Son-in-Law to Mr. Gook; the Prisoner had worked with us about 10 Weeks; my Father had missed many Things before. One Day I observed that the Prisoner had got a Pair of Leather Breeches behind him, under his Coat; I asked him what he had got there, he said, he had only got his own Leather Breeches; I asked him whether he wore two Pair of Breeches; he run up Stairs and threw these down, and brought down an old Pair of Buckskin Breeches; I went up and found these Breeches, which he had under his Coat; I know the Cloth Breeches are my Father's, and that they were never sold; and that he never had Power given him to sell any Thing for us.
Jeremiah Somering . I am Porter to my Lord Lovel, the Prisoner was Servant to Dr. Feraro, who lived at my Lord's; she confessed, before the Justice, that she stole the Spoon out of my Lord's House, and that she sent it to pawn by another Woman, whose Name is Bullinger; and that before she sent it, she erased the Crest, with this File, which was found in her Room. - I do not know that there were any Promises made her, to induce her to confess. - I cannot swear to the Spoon, because the Crest is filed off; there were four Spoons lost last Winter.
Mr. Paine. Mrs. Bullinger brought this Spoon to me; I believe the only asked what I would lend upon it; I suspected it to be stole because the Crest was erased; I stopped the Spoon, and the Person that brought it, and she said she had it of the Prisoner; I went to her, and she was loth to tell where she had it, but she did at last own that she took it out of my Lord's House; I went to my Lord's, and acquainted the Family with it; the Spoon was compared with the others, and matched; this
Prisoner. Mr. Gardiner, the Clerk of the Kitchen, pressed me very much to confess it, and promised that he would do what he could with my Lady, and that I should not go before the Justice; and I made all the Confession I could, for I know of no more man that one.
Paine. Mr. Gardiner did say that if she would make an ingenuous Confession, that he would make all the Interest he could for her with his Lady - She made no Confession till she came before the Justice.
John Hull , Constab le: I went to Mr. Paine's, where I saw the Prisoner; she said the Spoon was her Father's; this is the Spoon, the Crest is erased; she said she lived five Years at my Lord Lovel's, with Dr. Feraro. I searched her Room, and found this File there; I asked her what she did with the File, and she said she had it to file the Tongues of a Pair of Buckles.
Mary Cooksey . I live at Miles's Coffee-house in Great Russel-Street, Bloomsbury; she used to come frequently to our House, when there were Things of great Value about, and we never missed anything; I never heard she ever did any Thing amiss. Sarah Coomer confirmed the same. Guilty .
Sarah Merriton . On the 8th of June, between 3 and 4 in the Afternoon, I saw all these Boy s at the Shop Window: I did not like them very well; and therefore, I watched them pretty much; having to do with a great many of that Sort. I happened to turn my Head, and my Maid informed me that the Boys were lifting up the Show-Glass; I turned about again, and saw them at the Window: Rutt lifted up the Show-Glass, and Cordwell took out the Boxes; there were three lost, but I saw but one that he had in his Hand; I seized Cordwell immediately at the Window by the Show-Glass, and he threw the Box down the next Neighbour's Cellar-Window - I catched hold of two of the Boys, but one of them got away from me in the Fright; they said, there was another Boy that is not taken, that made away with the other two Boxes. Cordwell would not confess any thing at first, till he was threatned; and then, he told us where the other two were to be met with; but he did not say any thing of the third - I did not see Cordwell take it, but I saw it in his Right Hand when I seized him.
Mary Woodley . I saw the Boy in the white Cap lift up the Show-Glass, and told my Mistress that the Boys were lifting up the Glass; there were two of them at the Window, and two other Boys with them. Cordwell had the Box, and I saw him throw it down - I did not see him take it - I did not see Gough do any thing.
Q. To Mrs. Merriton. What do you Value the Box at?
Mrs. Merriton. I will value it but at 6 d.
Gough. I am almost 11 Years of Age.
Rutt. I am going into 13.
Cordwell. I am the same. Gough acquitted . Cordwell Guilty 6 d. and Rutt Guilty 6 d.
297. + Ann Duck *, of St. Sepulchre's , was indicted for assaulting John Andrews , putting him in fear, and taking from his Person, and against his Will, 11 s. in Money, his Property, in the Dwelling-House of Mary Ballet , otherwise Ballard , June 2 .
* Ann Duck was tried in last January Sessions, for assaulting William Cooper , a Waggoner, between e-Lane and the Fleet-Market, and robbing him of thirty-five Shillings, and acquitted. See No. 11. of the Sessions-Paper, Fol. 47.
John Andrews . On the 2d of June, between 12 and 1, I met with one Elizabeth Yates , who took me into Mary Ballet 's House in Thatched-Alley in Chick Lane ; she asked me to give her a Dram; Ann Duck showed us up one Pair of Stairs, and brought us a Dram; for which I paid her three Half-pence; she acted then as Mistress of the House; I had not been there above a Quarter of an Hour, when the Prisoner threw me down upon the Bed by Force, put her Hand into my Pocket, and took out my Money, which was Eleven Shillings, and turned my Pocket inside outward; I caught her by the Hand, while the Money was in it, and endeavoured to get it from her.
Q. Was you in Liquor?
Andrews. I was in Liquor; but not so much, but that I was sensible of what was done: - there was 7 s. 6 d. in Silver, and the rest in Half-pence: she gave a Knock with her Foot, and there came a Man into the Room, who threatned to throw me out of Window, and throw me down Stairs if I said any thing; I should have taken the Money
Q. How do you know it was your Money that was upon the Bed?
Andrews. I cannot be sure of that; but I took it to be so, because it tallied with my Money. Elizabeth Yates swore before the Grand Jury that the Prisoner robbed me; she was to have been here to Day, she was bound over to prosecute: I was used very ill there; the Man pushed me down Stairs, but when the Watchmen came he was gone immediately, and there was not a Person to be seen in the House. I never was there before, and never shall again, I hope.
Q. Had she any Intention of Lewdness with you, do you think?
Andrews. No, I do not think she had - I was not much frightened when the Woman threw me down upon the Bed; but, when the Man came up, I was very much afraid.
Prisoner. He said before the Alderman that he did not know the Woman that robbed him.
Andrews. I never said so.
John Fessey . The Prisoner was my Journeyman ; I missed 2 1/2 Ounces of Silver out of my Shop, and charged him with it; he denied the taking it; and afterwards pretended to find it in another part of the Shop; and gave it me again.
Prisoner. I had no Intention to cheat him of it; I was weighing some Filings, and some part fell out of the Scale; and he coming down Stairs just at the Time, I did not care he should see it, so I laid it aside; he told me if I would confess he would not hurt me; if I had a mind to cheat him I had Opportunities enough.
Fessey. I am a Silversmith by Trade; these are Silver Filings, which I ordered him to weigh, and he said they weighed right; but upon Examination I found they wanted 2 1/2 Ounces of weight; I charged him with it, and he said he had it not; I taxed him pretty closely with it, and then, he said, he found it in the Shop. - I know it was not carried out of the Shop; he made an Excuse, and said he mislaid it. - He has lived with me 10 or 11 Years; I never had any Mistrust of him before. Acquitted .
Robert Copperthwait . On Sunday Sen'night, at Night, as I was going by the Fleet-Market, I met one Judith Nash , a Companion of these two Women; and she took me Home with her, to their House in Black-Boy Alley by Chick Lane ; I not having any Apprehension of Danger, the Prisoners informed me, that Judith Nash was Mistress of the House; they brought some Gin, which I paid 3 d. for, but I believe I did not taste it; in a little Time I found I had lost my Watch; I asked them for it, and they said they had none of it; I thought it was not a proper Place to make a Noise, so I came away without it. On Tuesday in the Afternoon, I went to see if I could find the House, and saw Judith Nash sitting at the Door; I went as a Stranger, and not with a Design to discover myself, for fear they should use me ill; I called to Martha Ewers to bring a Dram, which she did; they asked me for a Present, which I refused, because I wanted Nothing with them: I wanted to go out, and they refused to let me go, then they called Sarah Bartlet to their Assistance - Ewers and Nash took hold of me, while Sarah Bartlet took the Money out of my Pocket - I was endeavouring to get out at the Door, and they seized me, one on one Side and the other on the other. - I had in my Pocket 10 s. 6 d. in Silver, and 4 d. 1/2, and they left me a Shilling, a Six-pence, and some odd Half-pence (I had paid my Reckoning before) - I was endeavouring to get out at a boarded Window, but they told me they had me too fast for that; they went to a Light at the other Side of the House, and I heard one of them say, let us see what we have got; and, in the mean Time, I unbolted the Door and got out.
Bartlet. He gave two Guineas to Long Charles to have his Watch again, he knows it to be true.
Copperthwait. I advertised my Watch, and I had it again from Long Charles.
Ewers. I know nothing of the Matter, I do not know the Gentleman. Guilty .
John Davey . I was coming from the Ram-Inn in Smithfield, about 10 o'Clock at Night, the Prisoner met me in Holbourn, and asked me to be a Penny, and was resolute upon it: I said if I must have any thing it should be a Pint of Porter; she said I should go to her Room, she lived in Thatched-Alley, or Black-Boy-Alley, by Chick-Lane ; I went with her, she knocked at the Door and asked for her Sister, they said her Sister was not at Home; there was a Person at the next Door, who said we might come into their House. I sent for a Pint of Beer, and a Woman said she would go and fetch a Pint of Beer, and instead of that she brought a Glass of Gin, and the Prisoner said, What do you bring Gin for, you know I do not love Gin; and then she brought a little small Glass of Anniseed, and said she would have 3 d. for it; I said, what 3 d. for such a small Quantity, and she said she had drank a Glass herself; then I was for going, but the Prisoner said, I should not go, she would show me a Trick; she got up, pushed me backward and fell upon me, and said, if I made a Noise it should be the worse for me, for she had a Husband below Stairs. - She took my Money from me by Force, and put me in Danger of my Life. - There were other Women in the Room; they were all upon me, but she was the chief Person, and was the Occasion of it: I lost eight Shillings, a Half-Crown, with my Name upon it, and Three-pence Half-penny, and two Keys. I desired them to let me have that Half-Crown again, and they said, if I would fetch another Half-Crown I should have it; but I was afraid if I fetched another, they would have that too; they gave me these two Keys again.
Prisoner. He took me up but on Tuesday last, why did not he take me up sooner?
Davey I was troubled at the Thing, and was afred or exposing myself, and thought People would laugh at me. I met her in Holbourn just by the some Place where I met her before; I spoke to a and desired him to assist me. I spoke to her, and said, How do you, do my Dear, she said, I do not know you, you have the Advantage of me; I told her how she had used me before, but she would not know me; so I charged the Constable with her, and committed her in order to bring her to Justice.
Prisoner. When he took me up, says he, You are the Woman that robbed me; I have lost my Money, and you shall pay for it, or some body else.
Davey. I told her I would have Justice done, and nothing else.
Prisoner. He said if I would give him half a Guinea he would make it up.
Davey. Several People advised me to make it up, but I refused it. - I never did offer or agree to make it up upon any other Account, than if she would ask my Pardon, and give me the Money, but she did not give me my Money. She sent for one who pretended to be her Husband, and he threatned my Life. Guilty .
John Goslick . I am a Watchman at the Conduit at Snow-Hill (they call it Lamb's Conduit:) the Prisoner was coming along with some Lead, I examined him, and he said he had the Lead from Mr Hiron's, and that he was going over the Bridge with it; I suspected it was stole; said I, instead of going over the Bridge you shall go to the Watch-House. The Prisoner passed by me twice, and that made me suspect him. Guilty .
303, 304. + Elizabeth Harris , and Mary Ballet , otherwise Ballard , * of St Sepulchres , was indicted for assaulting Daniel Flannigal , putting him in Fear, and taking from him a Pair of Silver Shoe-Buckles, value 10 s. a small Silver Cross, value 2 s. and a Handkerchief value 12 d. in the Dwelling-House of Mary Ballet , otherwise Ballard , June 5 .
* Vide ante, No. 297.
Daniel Flannigal . On Sunday, the 5th of June, as I was coming down Holborn-Bridge, I met a young Woman, who took me to Mrs Ballard's House; we went up one Pair of Stairs, and the young Woman called for some Liquor, which I suppose to be Gin; they had it and drank it, I never tasted it: I gave them Two-pence half-penny for it, they said it was not enough, so I gave them another Half-penny, and was for going away; says Ballard. You must not go till you make us a Present of something else, and I said, I would not give them any
Q. Was Ballard one of them?
Flannigal. I cannot positively swear, that Mary Ballard was one that assaulted me, but she must be one concerned, because she was the Person I had my Things from again; the Watchman broke the Door open, and as soon as she found he was coming. she hid herself in a little turn-up Bed, that was in the lower Room - she got in between the Head of the Bed and the Wall; the Constable took her out from thence; after I got to the Watch-house, I said, if you will let me have my Things I will let you go; Mary Ballard made Answer, and said, if the Constable would let her go back again, very likely she might find them; and the Constable told her he would let her go back again; and accordingly she went back, and they found them. - The Watchman said he found them in the Bed, where she hid them.
Q. Who was it delivered the Things into your Possession?
Flannigal. The Constable has had them all this Time, till now.
Q. Was it the Constable or a Watchman that went with her back?
Flannigal. It was the Watchmen; one of the Watchmen delivered them to the Constable, and the Constable has kept them till now.
Flannigal. I am sure Elizabeth Harris was there; and to the best of my Knowledge, she was the chief Person that stopped my Breath. - I was astonished; I was out of my Senses; they laid upon my Stomach, and stopped my Breath, so that I could fearce breathe - I cannot say whether Harris did it or no, but she was the first Person that threw me down upon the Bed, and lay upon my Breast.
Prisoner Harris. Was I the Person that was charged by the Watchman first; was there not some-body else discharged, that was concerned in it.
Flannigal. There was one made her Escape; that was the Woman that stood at the Door, with a Poker in her Hand, and threatned to knock me down.
Harris. I was not secured at all, till they had all made their Escape but me.
Flannigal. They all made their Escape but these two.
Harris. Did not you see the Remainder of the Women run over the Top of the House, before they took me?
Flannigal. Harris hid herself in a little bit of a Hole, like a Coal-hole; and the Constable pulled her out, and asked her what she had to do there, and she said she was asleep; I did not know which way the others went.
Philip Price . A little before 11 o'Clock, at Night, on Sunday the 5th of June, I heard there was a Disturbance at a House in Thatched-Alley in Chick-Lane, I went down and beat pretty hard with my Staff at the Door, and bid them open the Door, but they would not come down to open it; at last, I saw a Way to put my Hand in, which I did, and shoved the Bolt back; then there was another Door at the Stairs-Feet, that went into a Room, and I set my Back against it, and burst it open, and went up Stairs; there was a Woman with a Poker in her Hand, and she got away presently; and there was one got away over the Houses; I came down Stairs again, and searched this lower Room, and found Ballard behind the Bed, and Harris in the Closet; and then the Prosecutor said, that Harris lay upon him, and stopped his Breath; then I went with them both to the Watch-house; and Ballard said, if there were any such Things lost in her House, she believed, if they would let her go, she might find them; accordingly I went back with her into this lower Room, where the Bedstead was turned up, which she stood behind, and she pulled the Bedstead down again, and there were the Buckles and the Cross lying upon the Bed; says she, they are; and I brought them, and delivered them into the Consta ble's Hands; Ballard said she knew nothing of them.
Harris. Did not you find that my Apron was bloody?
Price Yes; and you said your Husband had been beating you.
Joshua Bothomly . On Sunday Night, the 4th or 5th of June, I was at the Watch-house; a Man came and told me, there was crying out of Murder in Chick-Lane; I went and took my Watchmen with me; and the Neighbours said, they believed they had all made their Escape; however, I searched the House, and found the two Prisoners; Harris was in the Closet, and Ballard was behind the Bed, in the Room below Stairs; I carried them to the Watch house; and Ballard said, if I would let her go back, she would endeavour to find the Things; I sent three Watchmen with her, and in about a Quarter of an Hour they came back with the Things.
Q. Did Ballard say, that she was, or was not concerned in the Robbery?
Bothomly. She said, she was not concerned; but if she was not, what Occasion had she to hide herself.
Ballard. One of the other Watchmen found the Things upon the Bed.
Price. When she pulled the Bedstead down the Bed tumbled down, and there they lay - she did not take them up; she said, here they are.
Harris. I was a little in Liquor, it being Sunday Night; and my Husband beat me, and cut my Mouth, and made me in a Gore-Blood; and I went into the Closet to hide myself, and Ballard said, stay there, and he shall not hurt you.
Ballard. I was very ill, and had taken a Sweat, and I laid myself down upon the Bed - though the Bed turns up, there is room for any Body to lie behind it.
Jane Stacy . I have known Harris ever since she was a Baby; and knew her Parents to be very just honest People; she lived with me as a Servant, and she was very just and honest; I trusted her with all I had; I never lost any Thing, and never heard any ill of her, till now.
Samuel Harper . I was coming along the Alley that Night, between 10 and 11 o'Clock; and that Man, which they call her Husband, was beating her; I asked her what was the Matter, she run into the House directly, and made me no Answer.
John Wallis . The last Day of May, I was in my own House, and a Neighbour came and tole me that a Woman in a red Cloak went into Mrs Cope's House, and came out with a Bundle, under her Arm; I asked him why he did not follow her, and he said he had a Reason for it; but he did not give me any Reason; I followed her, and seized her in Great Russel Street; and asked her what she did in the House she came out of; she made a trifling Excuse, and said, if she had done me any Damage she would make me Recompence; and she pulled this Gown from under her Arm, and gave it to me; she owned she took the Gown, and asked Pardon.
Prisoner. I was going by the Door, and a Woman came out of the House with a Gown under her Arm, and desired me to take care of it; she said, she did not know but her Husband would come after her, and take it, and pawn it; this is done out of Spight to send me to another Nation. Guilty .
Francis Barnard . Last Monday Night, about 9 o'Clock, I was going into the Feathers-Tavern , over-against St Clement's Church in the Strand; when I had got half way down the Tavern-Passage I felt a Twitch at my Right-Hand Pocket; I turned immediately about, and seeing a Fellow run out, I applied to my Pocket, to see if my Handkerchief was there, and I found it gone; I ran after him, and cried Stop Thief; I saw him cross the Strand into St Clements Church yard. and raised a Cry upon him; I lost Sight of him upon his turning the West End of the Church, but others continued the Pursuit till he was taken; I was told that he crossed St Clement's Church-yard, turned back again, and was taken within two Yards of the
Prisoner. He searched me, and found nothing upon me.
Peter Smith . Last Monday Night about 9. or a after 9 o'Clock; I was going to drink a Pint of Wine with two Friends at the Feathers Tavern, and went to the Larder to see what there was in it; and while I was at the Larder, there was a Cry of stop Thief; I went to the Door, to see what was the Matter; I had not been there half a Minute, before that Fellow (the Prisoner) came up very high to the Door; I saw him throw down a Handkerchief, and I took it up, there were two Men going to take hold of him by the Collar, just at that Time, said I, Here is the Handkerchief; this is the Handkerchief; I gave it to the Drawer, and bid him take care of it. I marked it with an A in Black-Ink at Col. Deveil 's; I saw the Prisoner brought into the House, and charged him with it; and, he said, he was to stand the Law, and did not care a Fart for any Body; and he was very saucy before Col. Deveil .
Prisoner. It was close by the Rose-Tavern that I saw the Gentleman, and not at the Feathers-Tavern.
James Roberts . I heard a Cry of stop Thief last Monday Night, about 9 o'Clock, or it might be something after 9; I saw the Prisoner run along; I laid hold of him, and stopped him by St. Clement's Church-yard, near the Feathers-Tavern - I did not see him drop any Thing; he was carried into the Feathers-Tavern; there was a Gentleman who owned the Handkerchief, which was picked up by another Gentleman.
Prisoner. There was no body stopped me; I stopped of myself; there was not one Soul laid hold of me.
Henry Harbin . I was standing by my Coach at St. Clement's Church yard, and heard a Cry of stop Thief; the Prisoner run round between the Pole of my Coach, and Mr Roberts; he was too ble for me, but Mr Roberts stopped him forward, and I stopped him behind.
Q. Did any body lay hold of him?
Harbin. Yes, or how should he be caught; we carried him into the Feathers-Tavern.
Prisoner. It is very unlikely I should run Mile with a Handkerchief, and then bring it again. Guilty 10 d.
307. Sarah Fuller , of St Ann, Westminster was indicted for stealing one Cotton Gown, val two Dimity Petticoats, val. 8 s. 2 Bodies of val. 4 s. one Lawn Apron, val. 10 d and a Hat, val. 2 s. the Goods of Martha Marsh , June 6 .
Martha Marsh . * The Prisoner was my Servant On the 6th of June I lost these Things out of my Bureau, while I lay asleep upon the Bed; the confessed the Fact before the Justice, and went me and the Officer, where she had pawn'd and sold the Goods.
* Mrs Marsh is called Spinster in the Indictment; on the Evidence, it appeared she was a Widow; Court was of Opinion, that, as she was a single Woman, she may be a Spinster.
Prisoner. I was not her Servant; I took a Lodging there; she keeps a disorderly House, and I was to go in Company; she bought the Gown on Purpose for me, and I was to give her half a Guinea for it. [This was denied by the Prosecutrix].
Elizabeth Lloyd . I have known the Prisoner 14 Years; she always pretended to me, that she belonged to Plays, &c. and was employed in Singing, and Dancing upon the Ropes, and dresses sometimes in Mens Cloaths. The 8th of this Month she came to my Shop in High-Holbourn, with this Gown upon her Back, and asked me to change it for something that fitted her better; she said, she had it out of pawn; and they would not let her try it on. without buying it outright; I gave her another Gown for it, and two Shillings to boot, and 18 d for this Apron.
Prisoner. A Dutch Woman carried me to Mrs Marsh, and had half a Crown for carrying me; I was to give her 8 s. a Week for my Lodging and Board; she lent me these Things to put on to go into Company. Guilty .
Evan Williams , June 24
Margaret Leonard . I live in James street, Covent-Garden , I found the Prisoner in my Bar after 11 o'Clock at Night, and the Casks under under his Arm; I collar'd him in the Passage, and he knock'd me down; I cried out, and with some Assistance secured him; he denied it that Night, but the next Day he confess'd it.
Ann Christian I happened to be in the Yard, and heard my Mistress scream out; I found her in the Passage, upon the Ground, and the Prisoner lying upon her; he knocked me down, and stunn'd me, and knock'd the Candlestick out of my Hand; he owned the Fact before the Justice, and said, that he did intend to rob them that Night.
Prisoner. As to my knocking her or her Maid down I never did; I am not the Person. Guilty 10d.
310, 311, Griffith Merrick and John Davis , of St James. Clerkenwell , were indicted for stealing 4 Holland Shirts, val. 12 s. one Callico Apron, val. 2 s. and one Linnen Table Cloth, val. 2 s. 6 d. the Goods of David Avery ; one Shirt, the Goods of James Newton ; a Callico Apron, the Goods of John Warren ; a Silk Gown, two Callico Handkerchiefs, and an Apron, the Goods of Mary Malkin . June 7.
Nathan Marvin . I saw the two Prisoners run out of Mrs Malkin's House; the little one (Merrick), was the hindermost; I saw something white hang out of his Apron, like Linnen; upon that, I followed him, and cried out stop Thief; and kept both of them in my Eyes as far as the Turnpike; and Merrick threw something out of his Lap into the Channel; I looked up again, and kept Davis in my Sight, and run after him; and in the Middle of the Causeway he threw something out of his Lap into the Field; there happened to be a Man there, who heard me cry out stop Thief; and he gave him a push on one Side, into the Yard belonging to Spencer's Breakfasting-House; that Man took hold of him by the Flap of his Coat, and another Man took him by the Collar : we then brought him back to the House, and, he said, he knew nothing of the Matter; Merrick was then taken; and, he said, he knew nothing of the Matter; but, I said, I would make him know.
Merrick. Ask what Cloaths I had on then.
Marvin. He had grey Cloaths on then, and a blue Apron; and the other had the same Cloaths he has now, and a blue Apron.
John Wakely . I am a Collector belonging to the Turnpike; I heard a Cry of stop Thief; the Prisoners came up in blue Aprons, as if they had been Poulterers; and Merrick threw the Linnen into a Ditch; I took it up, and a Gown, which Mrs Malkin owned to be her's, was in that Bundle; I followed him as far as the Dear Garden, and endeavoured to collar him; I lost my hold, and he got away: I saw Davis running, with a good deal of something in his Apron, which I took to be Linnen, he threw it into a Ditch.
William Hall. I heard a Cry of stop Theif; I saw Mrs Malkin come out of her House: I saw the Prisoners run; and Mr Marvin pursued them: I I saw some Linnen lie in a Ditch, and Merrick run into my Lord Cobham's; and I saw some Linnen on the other Side of the Bank. I followed Mr Marvin and Davis up to Sadlers Wells; Marvin and Flowers had hold of him before I got up to them - I did not see him throw away the Linnen: Davis struck me, and was very loth to go with us.
Thomas Flower . As I was coming along, Mr Marvin cried stop Thief; and was pursuing Davis; and Davis cried stop Thief, stop Thief; I said hold of him; says he, Do not stop me, for I am running after two Boys, who have pushed a Woman's Stall down; he gave me a push on the Side
Richard Woodhouse . I saw Davis running with something in his Apron, and throw some Linnen out of his Apron into a Ditch; when so done, Mr Marvin followed him, and cried out, stop Thief; no Body stopped him, till he came to the Top of
Flowers. I saw it took up in the Ass Field.
William Picket . I saw Davis run, and another Man after him; I stopped him, and he said he was running after 2 Boys who had thrown down a Woman's Stall; said he, I have done nothing amiss, what do you stop me for then? the rest came up and secured him.
Merrick. We went out with a Design to wash, and as soon as we turned into the Field, 2 Men said we had robbed somebody of some Linnen; we were only running after 2 Boys who had thrown a Woman's Stall down. - My Father and Mother live at Brentford
Richard Hippesley. I keep a publick House, the Sign of the White Hart in Old Brentford : Merrick lived with me 5 or 6 Weeks; he came from me the 5th of this Month; I would not have had him have left me but he did not care to stay. - He behaved honestly to me. - I have heard he has some Relations at Brentford, but I never saw them.
Hippesley. I have known the Boy 11 or 12 Weeks, he lodged with me some Time before he was my Servant.
Elias Parkins . I live at Brentford, near the White Hart; he has been at Work Day after Day, and trusted with a House where there has been a great deal of Plate: I never heard he wronged any Body, or ever had a bad Character. - I carry Coals for the Prince, and stack his Wood: There has been Plate lay about in Plenty, and he never touched any of it.
Thomas Gardiner . I lost these Things out of my Shop on Saturday Night, May 28, and found them by the Information of my Servant; I know Brone's is a noted House for receiving stolen Good, - When the Boy was apprehended, I asked him what he did with them; he owned he stole them, and that they always carried their stolen Goods to the Prisoner's House, and she owned that she had them that Burk pawned them to her, and she lent him 3 d upon them - I have got them again.
Prisoner. Did you find any thing upon me?
Gardiner. I don't say that I did.
Daniel Kennedy . The Boy when he was taken owned the Fact. I went to Bonne's House to ask for 4 Salts and a Cruit; she said she had lent the Boy 3 d upon them, I gave her the 3 d. and she returned me the Salts.
Mary Stewart . When the Boy was taken up, I told him he shou'd not be harmed if he wou'd tell me the Truth; he showed me the Shop where he had taken them from, and led us along to Boone's House in Covent Garden, where he had pawned them: She said she had the Salts, and they were returned upon the Payment of 3 d. which she lent the Boy upon them.
Boone. The Boy came, and asked for 3 d for his Lodging, and to buy some Bread and Cheese, and when I gave him the 3 Pence, he put the Things out of his Apron, or something that he had before him, and said he would leave them; said I, Take them away, for I will not have them; he said he must leave them till the Morning, and he would bring the 3 Pence again; I called to him twice to come back, but he would not.
Ann Young I have known her some Years past, and never heard any thing but what was just and honest of her.
Matthias Hayfield . On Saturday, about a Quarter after 3 in the Afternoon, I was going to Hatton-Garden, and when I had got about 12 Yards through Newgate I missed my Handkerchief, I had it in my Hand about 2 or 3 Minutes before; I saw the
Prisoner. Are you sure I took it from you?
Hayfield. I had it but just before, and found it upon you. Guilty 10 d.
James Ferne On the 13th of this Month. I was going from Ludgate-Hill up into Holbourn, I went thro' the New-Market, and a little before I came to the Corner of Holbourn-Bridge . the Prisoner ran against me, I put my Hand into my Pocket, and perceived I had lost my Handkerchief, I knew I had it about half a Minute before; I laid hold of him, and said he had stole my Handkerchief; he had but little to say for himself, and threw the Handkerchief down upon the Ground.
Prisoner. Ask the Gentleman whether he is sure I took it out of his Pocket; I have never a Friend in the World - I am between 15 and 16 Years old. Guilty 10 d.
316. John White of St Mildred in the Poultry , was indicted for stealing one Cloth Coat val 3 s. a Pair of Brass Clasps val. 1 d. a Great Coat val. 6 s. a Pair of Leather Breeches val. 2 s. a Pair of Gloves val 2 d. an Iron Chissel val. 1 d. a Cloth Waistcoat val. 12 d. 3 Shirts val. 3 s. a Pair of Canvas Trowsers val. 2 d. a Pair of Worsted Hose val. 6 d. a Boy's Hat val. 6 d. and a Sack and Wallet val 1 d. the Goods of Persons unknown . June 28 .
John Cox . I am Turnkey of the Poultry-Compter. Last Tuesday, between 5 and 6 in the Evening, the Prisoner came up to the Poultry-Compter Gate with this Bundle of Goods upon his Back; by his own Confession I find that he apprehended there was a a Mob pursuing him: William Kingston told me the Boy had thrown them into the Lodge, for he had been with me about a Quarter of an Hour before to see a Prisoner in the Goal: I asked the Prisoner how he came by them, and he presently, owned that he had them from on board of a Vessel down at Billingsgate; I sent a Man down to the Vessel that he said he had them from, and he brought a Person to me who knew the Owner of the Things; and when he came on the Outside of the Gate, he asked the Prisoner how he could serve him so; but said, sooner than prosecute him, he would lose the Goods, so I thought proper to prosecute him. Said I, I thought you had been a poor distressed Boy, but now I see what you are. - I know of this Boy's coming after some loose Boys in the Compter.
William Kingston . I know nothing farther of the Prisoner than his coming to the Poultry Compter to see some of those who are under Consinement there; he came with this Parcel of Things, and there happened to be a Mob at the Gate, which he imagined were coming after him, so he threw them into the Turnkey's Habitation; and I desired him not to let the Boy have them. for I thought he was not a Person likely to have such Things of his own, so I sent for a Constable and charged him, and I found that this Parcel belongs to a poor Miller in the Country, who has not a Farthing of Money to carry on the Prosecution; and before he could raise the Money to prosecute the Boy, the Goods must be lost.
Prisoner. They bid me bring the Things into the Lodge.
Q. How came you to ask the Boy to bring the Things up to the Lodge?
Kingston. He is a loose Boy that comes after the Thieves, he brought them in, and being a little surprised, he threw them into the Lodge; so I told Mr Cox it was proper to stop the Things and the Boy too, till we could come at a little better Knowledge of the Affair, and in about a Quarter of an Hour's Time he confessed that he took them out of the Boat, and brought them away clandeslinely; they were taken out of a little one Mast Boat, and he said no Body was on board the Boat when he took them - I am an Under-Turnkey, my Business is to look after the Rats and Mice.
Cox. When the Person who was the Carrier of the Goods came to him, he said the Prisoner went into the Boat with an Excuse to help a Man to gather up some Wheat, for he had burst a Sack, and the Man who was to carry the Goods, took him to be
Sarah White . The Prisoner is my Son; he went away from his Father and I on Tuesday was a Fortnight. Mr Lingard, in Mint street, informed me, that my Son was gone with Arthur Percival ; and Percival told me, he gave my Boy these Things to carry.
Prisoner. Casey delivered the Wallet to me.
Sarah White . He is now in the 14th Year of his Age; I do not think he ever was guilty of any Crime before. Guilty.The Jury recommended him to the Court for Corporal Punishment; and, he was burnt in the Hand , and discharged immediately .
Jeremiah Mascal . The Prisoner did belong to some Ship; but he has left his Ship ever since Christmas; and now he follows Thieving upon the Keys: I caught him once before, but then I pitied him, and licked him a little, and bid him go about his Business; this Time he broke open the Head of a Hogshead, and took out about 3 lb. of Tobacco, which he had stuffed into his Coat, Waistcoat, and Breeches. Guilty .
Joseph Hall. Last Saturday Night, I went out about half an Hour after 9, to the Beer-house, and staid till about half an Hour after Eleven; and when I came Home these Goods were gone; the Prisoner had worked with me about 6 Months; I had a Suspicion of him; and, by Enquiry, I suspected where the Goods were; I got a Search-Warrant, and found them at the White Bear and Sheers, in Giles How 's Possession; the Prisoner confessed he took the Goods out of my Lodging.
How not appearing, the Court ordered his Recognizance to be estreated. Acquitted .
319. Mary Holmes , otherwise Yates, other wise Smith , of St Mary Le-bon , was indicted for stealing a Coat and Waistcoat, made of Silk and Cotton, one Pair of Shag Breeches, one blue Silk Gown, lin'd with Stuff, one Pair of white Tabby Stays, 3 Linnen Shirts, 3 Linnen Sheets, a Velvet Hood, a Pair of Cotton Stockings, 2 Pair of Shift Sleeves, 2 Linnen Caps, 2 Napkins, one Cannister, with 2 Ounces of Tea, &c. and 6 Shillings in Money , the Goods and Money of George Wheeler , June 22 .
Esther Wheeler . On the 22d of June, I double locked the Door of my Apartment, and went out: (I live in Oxford Market ) while I was talking to an Acquaintance of mine, I saw the Prisoner come up, and read a Bill, which was upon the Door of the House, to let a Couple of empty Parlours below Stairs; I said, to the Person I was talking to, There's a Gentlewoman reading the Bill, and I suppose wants a Lodging, but there's no Body there to an her; she went into the House, and staid a consider able Time (the House is let out in Tenement, it belong to Mr Thredgold, one of the Jury) says I, Does not this Gentlewoman stay a great while, I am there is no Body in the House? my Friend said, may be may be come out; and in about ten Minutes Time, I saw the Prisoner come out of the House; and, I observed, that she had a great Lane of Goods in her Apron, and I did not perceive that she had any when she went in; I followed her, and called after her, and said Mistress, or Madam, but she would not stop; I then ran after her, and ever took her, and caught her in this Manner, with both my Hands, by her Petticoats, and hold her fast; I asked her what she had been about in my House, or the Apartment that I had in the House she said, she had been doing no Harm, for she had been no farther than my empty Entry, therefore she could do me no Harm - I never saw he before that Time in my Life; she said, she had been bundling up Things in the Entry; I asked her what they were? she said, it was no Matter to me. for they were her Goods: I told her I would see what they were; then, she said, if I would see what they were, I must go with her where she was going, and I should see there; I told her, I would go no farther, but would see them: I held her fast, and put one Hand into her Apron; and the first Thing I saw was one of my own Gowns (there was a large Parcel of Goods produced, as in the Indictment. which were sworn to by Mrs Wheeler) the next Thing I saw was my Husband's Shag Breeches, with the Knee-Buckle in them, the Fellow of which I had then in my Shoe, and have now; when I saw them, I made no farther doubt but they were all mine; I still held her, and cried I was robbed and desired the Neighbours to send for a Constable: she desired that I would not put her into the Hands
Prisoner. I have no Council to plead for me; I was disappointed * in that; I keep a Milliner's-Shop in Convent Garden; I never went by the Name of Smith in my Life; my Name is unhappily Yates or Holmes.
* The Law allows not the Assistance of Counsel, as to matter of Fact, on any Indictments for Felony, yet, it is the Opinion of many, it would be never the worse, if it did; for, it seems very strange, to allow a Man this Assistance, in Defence of his Property, and deny it to him, when his Life lies at Stake. See Preface to the Collection of State Trials, 6 Vol. Fol. and Whitelocke's Memorials, p. 433.
Q. Had she any Bundle when she went into the House ?
Wheeler. She had no Appearance of a Bundle; I am sure she is the very same Person.
Thomas Norman . I keep a Publick-House in Oxford Market; as I was at my Door, I heard somebody call Mr Norman; I turned about, and saw Mrs Wheeler have the Prisoner hold by the Petticoat, and was bringing her along; and desired me to come to her Assistance; and, in the mean Time, took the Prisoner over to her own House; and then I went into my own House again, and sent my Wife; and when I came, the Door was bolted, or latched; I stood a Minute or two, and the Door was opened; there was a Parcel of Linnen lying upon the Floor; I can swear to some of them. Mrs Wheeler was making a great Noise, and said, she was robbed of all she had: There were four Shillings and some Half-pence lying on the Floor; the Prisoner pulled four Shillings out of her Pocket, and gave Mrs Wheeler two; and said, the other two were her's; she began to cry, and begg'd for God's Sake, that she would let her go about her Business; for she was a poor unfortunate Woman, and did it to support a young Child, which she had.
Prisoner. About six Weeks ago, Mrs Smith came to my Shop to speak to me (she owed me 16 s. 6 d.)
* This comes with a very ill Grace from the Prisoner, whose Life is probably owing to the Compassion of the Prosecutrix: For had this Felony been laid to have been committed (as the Fact was) in a Dwelling-House, it had been a capital Offence.
Michael Kitchen . Last Sunday Mrs Wheeler came to the Prisoner, and fell a swearing and cursing, and said, if there was never another Woman in the World she would hang her, and that if she had an hundred Sisters she would hang them all if they were guilty of such a Thing; she was swearing and cursing all the while she was there; she was ready to tear a Man to Pieces for speaking to the Prisoner; the Prisoner fell in a Fit - This is Mrs Wheeler, she has got a black Eye now, but she had none then.
Prisoner. Mr Thredgold is Landlord of the House, and was in Newgate last Sunday with the Prosecutrix.
Mr Thredgold (sworn). I never saw the Prisoner, from the Time she was put into the Coach, when she was taken, till the Time she came to this Bar - I am Landlord of the House.
Prisoner. You were in Newgate with the Prosecutrix and 3 other Persons on Sunday - I do not mistake the Person.
Thredgold. What Time was I there?
Prisoner. About 5 or 6 o'Clock.
Thredgold. I was at Marybon Church at that Time [This was confirmed by another Gentleman of the Jury].
Thredgold. What Cloaths had that Person on?
Prisoner. He was in blue grey.
Thredgold. I have no such Cloaths.
The Foreman. I have known Mr Thredgold these 20 Years, and I never saw him in such a Suit.
Prisoner. His Cloaths were a light blue grey - If I am mistaken in the Gentleman's Face, I ask his Pardon.
Q. Did you Never hear any Ill of her?
Coxon. No; not from any Person of Credit.
John Harrod . I have known the Prisoner about 3 Years, she used to buy Goods of me - I am what we call a Higgler; she used to buy Butter and Eggs, Fowls, Geese, and Piogeons, a, and always used to pay me very well; I never heard any Harm of her, she always lived in good Lodgings, and always lived in Credit wherever; she lived; she has come several Times to see me; I have nothing locked up, every thing lies at Rack and Manger, and I never missed any thing. Guilty .
320. Gabriel Hosey of St James Clerkenwell was indicted for stealing a Wicker Basket val. 2 d. a Linnen Handkerchief val. 6 d the Goods of Sarah Wass ; a Fustian Frock val. 10 s. and a Woollen Apron val. 12 d. the Goods of Robert Quesden , May the 28th .
Sarah Wass . The 28th of May, between 12 and 1, I was coming down Turnmill-Street with a Bundle in my Hand; I set it down upon a Bulk to pin my Gloves, and before I had done that my Bundle was gone; there were several People sitting at the Door I thought it had been an empty House at first, but afterwards I found the Prisoner lived there; I followed him, and said, you have got my Bundle; says he, No 1, no 1, that is what he said, he could say nothing else; he went into the House, and came out again; I called for a Constable, and said this Man has robbed me of my Bundle,
Levinus Vandervan. I was drinking at the Hercules Pillars, and this Gentlewoman came crying out Stop Theif; I ran after the Prisoner, and said, you are the Man that has robbed a Gentlewoman. D - n the B - h, says he, she has been abusing me, and I will get a Warrant for her; and desired that I would let him go, and he said, G - d d - n you. I will cut you across the Face with a Candlestick, which he had in his Hand, and said he would knock me down with it; and when the Gentlewoman came up, she charged him with the Robbery, and he said if they were at his House she should have them again.
Prisoner. I was standing at my House in Turnmill street. I never saw the Bundle, nor never saw the Gentlewoman before in my Life.
The Prosecutrix said she was credibly informed, that this is the first Fact, and desired that he might have his Punishment here.
Francis Palmer . I live in Chick Lane, and am a Constable ; on the second of this Month I was going my Rounds, about two o'Clock in the Morning. I went down Black Boy-Alley , and met one Sarah Laycock , says she, Master, won't you give me a Dram; said I, Sarah, there's no body up.
. Was any of the Watchmen going the Rounds with you?
Palmer. No body was going with me at that Time; I had left the Watchmen at their Stand: Oh! says Sarah Laycock , I will warrant you I will find a Man up; so I went with her to a Place they call Little Charles's, and presently Moll Rosum comes in, says she, Master, won't you give me a Dram?
Q How long had you been there before she came in?
Palmer. She came in, in less Time than I have been speaking about it; Said I, Polly, what do you do here; I put my Hand in my Pocket, and gave them Six-pence to drink among them. and came away, I did not stay at all; and as I was coming back again, this Moll Rosum followed me, as far as my own Door (for I was going to unlock my Door to see whether all was safe,) she came up to me and said, Well, I thank you, my Dear, God bless your Cock, or something to that Purpose : She clapp'd her Hand to my Breeches, and went away directly. I did not miss my Watch at that Time, but about a Quarter of an Hour afterwards I felt for it, and it was gone; then I suspected that she had it, as nobody had been near me but her: Away I went down again to Little Charles's to look for her, and there was Sarah Laycock , says I, Sarah, Moll Rosum has got my Watch; and she said she would find her, but I did not find Poll till Ten o'Clock that Morning. I found her at the Three Tuns, hollowing, and making a Noise in her drunken Airs; I brought her down to Little Charles's, but could not make her own it; and some of the same Sortment that were there said, D - n you, you old where, are you not ashamed to serve my Master so, if you do not give him his Watch, I'll do you a Mischief. The Prisoner was pleased to use a great deal of scurrilous Language; Says she, Is that your Watch? D - n you, you Dog, do you know your Watch? Then she put her Hand into her Bosom, and pulled out a Seal and Ribbon; said she, Do you you know that, if you do not know your Watch? and I said yes, I could swear to it; I could to the Seal, if I could not to the Ribbon: Come, says she, if you will
Prisoner. Mr Palmer, where was you 2 or 3 Times along with me before that?
Palmer. No where.
* See No 303. P. 187.
Palmer. I will explain that a little: About 2 or 3 Months ago, I was going my Rounds, and met her, says she, Master, won't you give me a Dram? (she was very drunk) says I, you are too old to be a Whore now; there is no Body will have any thing to do with you, it is Time to leave it off now, and if you don't you will go to Hell into the Bargain. - She said if she could get half a Crown she would leave it off; that she had not half a Crown in the World; said I, it is hard that all you have in the World is not worth half a Crown; if I thought it would do you good, I would not value half a Crown, and I bid the Woman at the Chandler's Shop give her 2 s. and 6 d. and I would give it her again; said I, perhaps 5 Shillings will do you more Good, and the Woman gave her 5 Shillings by my Order: Poll, is not this Truth? [The Prisoner did not deny it]
Prisoner. You were upon the Bed with me when you missed your Watch, when you kissed me and hugged me, and called me, My Dear: Did not you find your Watch again your own self; I did not think you would expose yourself after this Rate.
Palmer. After a Month's Imprisonment, and starving alive, I should have thought you would have talked in another Manner; I submit it to the Court, whether they think I would have to do with such a Creature, as that, when there are fine Girls enough to be had - I thought, as I was Constable, I was very safe; I was not afraid; I thought they would not offer to rob me.
William Peck I had a Warrant brought to me, to serve upon the Prisoner; and when I took her she owned she took the Watch; and she said, if she died, it was for the Man that she loved; this is the Watch that was delivered to me.
Prisoner. Ask Mr Peck how he came by that Watch?
Peck. It was given to me at Justice Poulson's, the 4th of this Month.
Prisoner. Mr Palmer, let me see whether that is the Watch, or no.
Prisoner. I never saw it with my Eyes before.
Chapman. She was there, and drank part of two or three Pints of Wine, and delivered the Watch to Mr Palmer.
Prisoner. I have been guilty of no Misdemeanour, but what I did in private to pleasure my Master. Mr Palmer knows I am trusted by the Heads of the Parish, and never wronged any Body. Guilty of the Felony only .
322. James Bowen , of St Giles in the Fields , was indicted for stealing a Tea-Spoon, val. 18 d. 2 Cambrick Caps, val. 5 s. and 1 ditto, val. 2 s. 6 d. and 30 Shillings in Money , the Goods of John Leeth , May 25 .
William Stone , April 23. I bought a Weather-Sheep of Thomas Wood of Reading; I left it at the Turnpike at Staines , and it got into Shortwood-Common; the Wednesday following I missed it, and was informed, that it was in Chandler's Custody; I went to Chandler's House to ask for it, and Mrs Chandler said it was broke out in the Night, and gone; the Prisoner is a Carpenter by Trade, and lives at Stanwell; I never heard any more of it.Edward Shrub owned that he bought it.
Chandler. Did not I ask you whether you had not lost a Sheep?
Stone. You never did ask me that Question.
Hugh Plimm . One Sunday, about 5 or 6 Weeks ago, George Waters and I were going to cross Shortwood-Common; and there we saw a Drove of Sheep; says George, There's a Sheep, that I believe some Drover left here last Night; and Waters and I took it, and carried it into Chandler's Yard; the Sheep run away from us once, and Waters said, he would hold him fast if he caught him again; there were some others helped to drive it into Chandler's Stable, and he fetched a Lock, and locked it up. It not appearing by the Evidence to be a felonious taking, the Prisoner was Acquitted .
324. Joseph Edwards , of St Catharine's , was indicted for stealing a strip'd Cotton Waistcoat, val. 6 d and a Frock, val. 3 s. the Goods of James Fyne ; and a Petticoat, val. 4 d. the Goods of Thomas Raymond , June 15 .
It was proved, by Elizabeth Rayner , and Sarah Man , that the Prisoner had the Prosecutor's Waistcoat on his Back; The Prisoner produced an Evidence, to prove, that he bought it in Rag-Fair; which was confirmed by another, who saw it offered to Sale there. Acquitted .
Mary Buck . I live over against my Daughter's; I thought I saw the Prisoner take something; I came over to her, said I, Girl, I believe you have stole something; if you have, you had better lay it down; and she slid it down on the Counter; I would have had her have gone about her Business, but some busy Neighbour would have us prosecute her. It may be the first Fact.
Elizabeth Clay . I have known the Prisoner four Years; her Character is, that of a very honest and just Person; she is a Servant-Maid ; she lived with me three Quarters of a Year, and behaved well then
Elizabeth Davis knew her 14 or 15 Years, ever since she was an Infant, and said, she bore the Character of an honest Person; Judith Keeling knew her five Years, and gave her the like Character. Acquitted .
326. Eleanor Thorp , of St Giles in the Fields , was indicted for stealing a Stuff-Gown, val. 5 s. an Apron, val. 2 s. a Cloth Cloak 2 s a Leghorn-Hat, 6 d. a Cambrick Mob 6 d. a Handkerchief 3 d. the Goods of Charles Hatfield , June 6 .
Ann Hatfield . The Prisoner has lain with me at my Lodging; I missed the Things; I believe she would have brought the Things again, but for my own Safety I carried her before a Justice; I have sent her Things several Times. Acquitted .
327. + George Bennet , of the Precinct of St Catherines , was indicted for stealing one Linnen Shirt, value 5 s. one Silver Clasp for a Stock, value 12 d. the Goods of Jeremiah Brooks ; twelve Ounces of Hair, value 30 s. the Goods of Peter Cotterel ; one Pair of Cotton Stockings, value 5 s. one Pair of Worsted Ditto, value 2 d. a Cambrick Neckcloth, value 12 d. the Goods of Thomas Thornley ; a Tea Spoon, value 6 d. and a Yard of Lace, value 4 d. the Goods of Ruth Harvey ; a Cambrick Laced Cap; a Cambrick half Handkerchief, and a Muslin Apron, the Goods of Mary Pointer , in the Dwelling-House of Ruth Harvey , June 28 .
Jeremiah Brooks . On the 28th of this Instant, I lost a Shirt, and a Silver Clasp, out of my Room in Mrs Harvey's House, which were found upon the Prisoner in her House, Mr Barnes the Constable delivered it to me; he said, he took it out of the Prisoner's Breeches. - I am sure I left them in the Room that Day.
Peter Cotterel . The Prisoner was searched by Mr Barnes in my Presence; there were 9 Pieces of my Hair taked from him, about a Pound Weight. - I cannot exactly tell the Quantity, but I know it to be my Hair, because I bought it and paid for it; I left it in a Hat Case almost that very Moment that he took it; this is my Hair
Prisoner. That is a very hard Oath, the Hair is not marked; it is impossible for any Body to swear to that Hair.
Cotterel. I cannot justly tell the Value of it.
Thomas Thornley . I lodge in Mrs Harvey's House; I found 2 Pair of Stockings and a Neckcloth of mine upon the Prisoner in Mrs Harvey's Kitchen; they were in my Table Drawer at 2 o'Clock that Afternoon.
Ruth Harvey . I was going into my Bed-Chamber accidentally, on the 28th of this Month, between 6 and 7 o'Clock in the Evening, and found the Prisoner hid behind the Curtain; I asked him twice what he did there, and I think he made me no Answer; I called, and some of my own People came to my Assistance; I pulled too the Door, to keep him in the Room, and laid hold of his Collar, but he
Q. Did you ask him how he came there?
Harvey. Yes, but he made me no Answer, and did not tell me how he came by these Things.
Mary Pointer . I am Servant to Mrs Harvey, she keeps a publick House; I lost a laced Cap, a half Handkerchief, and an old Muslin Apron out of my Box, on the 28th of this Month, and was by when they were taken from the Prisoner.
Henry Barnes . Last Tuesday, about 6 o'Clock in the Afternoon, this little Girl (Pointer) came to me and said, Mr Barnes, there is a Boy in our House, and he has hid himself behind the Curtain; I went to Mrs Harvey's, and found him in the Kitchen; I put my Hand into his Pocket and pulled out this Hair; said I, Let us see whether you have got any Thing else, and I found all these Things upon him; he took hold of my Hand, and begged of me to perswade her to make it up, and begged of Mrs Harvey to make it up; he said it was the first Fact. He had this Bunch of Keys in his Pocket; there are 7 Keys, one of them opens Mrs Harvey's Drawers, and one of them opens mine - He said, These are my Keys: This Common Prayer-Book was found him, but this no Body owns.
Prisoner. I never saw these Keys in my Life before, nor any of these Things; as to that rough Hair no Body can swear to it. Guilty 39 s.
328. Evy otherwise Evan Evans of St Ann Westminster , was indicted for stealing 3 large Silver Spoons, val. 30 s. 3 Tea-Spoons val. 3 s. and 1 Salt-Spoon val. 6 d. the Goods of Sophia Wills , June 28 .
Margaret Clark . I live with Mrs Wills as her upper Servant; I lost 7 Spoons in the Whole; I missed them on Tuesday was Se'nnight; I have 2 of them, but some were sold; the Prisoner confessed that he took a large Spoon and a Tea-Spoon out of the Pantry, and likewise, that on Tuesday last he took another large Spoon with a Coat of Arms, and a Salt-Spoon out of the Kitchen, and he owned the taking a large Silver Spoon about 3 Weeks before - He owned the stealing this large Silver Spoon on Tuesday last: Mrs Wills took him into the House, and clothed him till she could get a Place for him to go to Sea.
Isaac Callow . I am a Silversmith; the Prisoner came with this Bit of a broken Spoon, as I was standing at my Door in the Evening, with a very plausible Story, and said he had found it in Tottenham-Court Road, and did not know whether it was Silver, and desired to be inform'd; it being battered so, I could not readily tell which, I told him it was Silver; he asked me whether I would buy it; I asked him whether he had got a Father and Mother, he said that he had, and that they lived in Cary-Court in Drury-Lane; I asked him whether it was not his Father's, he said no; and the Boy that was with him claimed half of it, and said they found it; I could not tell whether it was good or bad Silver; there was an Ounce and a Quarter, and I gave him 5 s. and 6 d. for it.
John Thrift . On Wednesday Night the Prisoner came into the Coal Yard, with another Boy who was going to Tothill Fields Bridewell, and the Prisoner said he would give me a Shilling to go with him to get the Bowl of a Spoon which was stopped, and to say I was his Father. I said, if he would stay a Minute, I would get a Person to do it. I took them both by the Collar; got a Constable and secured him.
Q. What Business are you?
Thrift. I am the Executioner.
Thomas Evans . The Prisoner is my Son; he is 13 Years of Age come November next; he has been from under my Care a great while; I was not able to maintain him; he was brought up next Door to Madam Wills, who has been very kind to him, and I am very sorry he has disobliged her: I will take Care to send him abroad; I have an Acquaintance a Captain of a Ship that will take him. I beg your Lordship will give me Leave to send him abroad.
The Prisoner's Mother in Law said, she had been very kind to him, and had often given him Money to keep him out of Temptations, and that she is very sorry he is so unhappy as to be here. Guilty .
Samuel Farren , of St John, Wapping , was indicted for stealing three Pair of Leather Breeches, val. 25 s. four Pair of Cloth ditto, val. 20 s. and one Pair of Woollen ditto, val. 18 d. the Goods of Charles Rattary , in his Shop , June 9 .
The Prosecutor not appearing, the Prisoner was acquitted ; and the Court ordered the Prosecutor's Recognizances to be estreated.
John Rowe . I know nothing of the Prisoners; there was one Sarah Green concerned, that my Wife bought the Boiler of; she was before the Justice; Harris the Thief-taker and another had the Charge of her, and they let her go.
Ann Rowe . This Sarah Green lives in Rosemary-Lane; I went to her, in order to buy a Pot, and she gave 8 s. to get it out of pawn; I gave her 6 d. Earnest, and was to give 12 s. for it; when I came to examine it I found it to be my own Pot.
Charles Butler . I live in the New-Change in Rag-Fair; on the 30th of May, I got up between three and four in the Morning, and saw the three Prisoners bringing this Pot to Sarah Green's Door; they went by Nick-Names then; one was called Doctor, another Blueskin, and the other Cock-Eye: I stepped over to them; says Hudson, we have been moving Mrs Green's Goods, and as you are a Bricklayer, if you can get her a Chap for this Pot she will be obliged to you; I asked the Price, and he said 17 s. said I 17 s. is too dear; on Thursday sen'night, I went to Mr Rowe's, and Mrs Rowe said, she wished they were hanged that had stole her Copper; and wanted to buy one; I told her I had seen such a Thing, which is to be sold; I went with Mrs Rowe to Mrs Green's, and asked her if she had such a Thing to dispose of? yes, said she, I have; she took 8 s. to the Pawnbroker's, and fetched it out, and paid 2 d. for the Use; Mrs Rowe, as she was founding it, said, this is my Kettle, it cost me a Golden Guinea; they agreed for 12 s. and my Mistress gave 6 d. Earnest: I went to Justice Jones, and got a Warrant against the Prisoners, and against Sarah Green; she was charged with an Officer, and it is thought he had a Bribe to let her go.
Q. Can you say that is the Pot you saw between three and four in the Morning, in the Prisoners Custody ?
Butler. Yes, I can safely take my Oath of it, with a clear Conscience; here is a particular Mark upon it; here is a Bulge in the Side, and a Flaw in the Rim; there is not one Pot in five Thousand more remarkable; I examined it, when they asked me the 17 s. for it; I saw it upon Hudson's Head that Morning; he went then by the Name of Cock Eye; Hudson was the Person who offered it to Sale, and the rest were officious in saying it was worth so much; I saw it in all their Hands.
Hudson. I never saw the Man in my Life.
Butler. I have seen him a great many Times; there are so many of them, that a Man cannot come along Day or Night, but he is liable to be knock'd down; I have seen Hudson frequently picking of Pockets.
Ann Rowe . This is my Pot; I have been Mistress of it 17 Years; it was fixed in Brick-Work, like a Copper; it was there a quarter of an Hour after Eleven, May 29, at Night, and it was gone the 30th, before six in the Morning.
Q. Was it fixed to the Freehold ?
John Rowe . I had built a little Shed, and the Brick-Work was fixed to the Wall; the Chimney was carried up with the Wall; we could pull this down without pulling down the Wall belonging to the House, but not without pulling down the Brick-Work it was fixed in. Acquitted .
Richard Warwick , of Christ-Church in Middlesex , was a second Time indicted for stealing two Linnen Table-cloths, value 4 s. ten Towels, value 5 s. one Linnen Cloth, value 6 d. one Linnen Sheet, value 2 s. 6 d. and one Pair of Worsted Stockings, value 12 d. the Goods of Nicholas Cunliff , June 23 .
Nicholas Cunliff . I was informed the next Morning after these Things were lost, that I was robbed of my Linnen. I saw that it was advertised; I went and enquired after it, and found it in the Hands of the Headborough, Mr Lindsey, at the Corner of Darby-street, in Rosemary-Lane. - I cannot swear to the Linnen, but I believe it to be my Linnen by the Marks; I can swear to the Stockings.
Susannah Wildhore proved the Linnen to be the Property of Mr Cunliff, and said, that she hung the Linnen out in the Garden to dry, between twelve and one in the Day, on the 21st of June, and left them out all Night, and that they were gone the next Morning.
John Burton . I have known the Prisoner about a Fortnight; about two o'Clock on a Tuesday Morning, I cannot tell the Day of the Month, the Prisoner got over a great Wall, into the Church Yard, and then into Mr Cunliff's Garden, and took all these Things off the Lines; there were four of us; the Watchmen beset us all. I was taken up by Mr Lindsey, the Watchman, with the Things upon me; the Watchmen popped out upon us all of a sudden; the Prisoner, and the two others ran away. - The Wall was so high that he could not get over it without his Legs being helped up; nobody was over the Wall but the Prisoner.
- Lindsey. I took the Linnen from Burton; he stood upon one Step, and the Linnen lay upon another. I saw three of them together at first; two of them flew down like two Birds; at first I thought they had been Figures chalked up against the Wall, I did not reckon there was any Men there. - I believe the Prisoner was one that run down the Steps. - I saw but three in all. - I took Burton upon the Steps: I believe if Webb, the Watchman, had not come to my Assistance, they would have knocked me on the Head. I think I heard an Expression, if I had known he had been coming, I would have knocked his Brains cut: Burton said I was a Watchman, but I am an Officer: Burton said, he wished I had been damned, and in Hell, before I saw him. G - d d - n your Blood, says he, I can tell what you can do; you can send me to New-Prison, and then I shall go to Kingston. Guilty .
335. + Richard Warwick , of St George in Middlesex , was a third Time indicted, (together with John Bunn and Joseph Leech , * not taken) for assaulting James Fennel on the King's Highway, putting him in Fear, and taking from him a Hat, value 1 s. a Perriwig, value 2 s. and sixteen Shillings in Money, the Goods and Money of James Fennel , from his Person and against his Will , June 21 .
* Joseph Leech was taken the 7th of July, and committed to Newgate.
James Fennel . I am a Taylor , and lodge in Rosemary-Lane; on the 21st Day of this Month, I happened to go into the Blue Anchor Alehouse in the Back Lane , about three Quarters of an Hour after Eleven at Night, and called for a Pint of Beer, standing, I drank it and walked off; I saw the Prisoner at the Bar, and this Burton, the Evidence, standing in the Kitchen as I came out, with two other Men; I had not come above forty Yards from the House before I saw them altogether; the first Person that attacked me (which was the Prisoner at the Bar,) gave a Stroke at me, and beat off my Hat and Wig; (I do not know what Weapon it was with:) He gave me a second Stroke, and at the second Stroke he made at me, two more came up, and made several other Strokes at me, and knocked me down; then I cried out Murder, and called for the Watch several Times. After they had knocked me down, one of them put his Knee upon my Breast, while the other rifled my Pockets, and took away my Money, which was sixteen Shillings; upon my crying out Murder the Watch came, and they seeing that the Watch were coming, they took away my Hat and Wig, and made their Escapes; when they were gone, the Watch came up; I charged the Watch with the Woman, and the next Morning she was carried before Justice Richards, and was discharged.
Q. How did you discern the Prisoner?
Fennel. By the Light of a Candle in the House, where I drank the Pint of Beer; and the Woman of the House said, it was a Shame to use a Man so. - I have known the Prisoner ever since April last, by living in the Neighbourhood. I do not know whether he knew me or not.
Q. Who kneeled upon your Breast?
Fennel. Neither of these two Men.
Q. Who took your Money out of your Pocket?
Q. How could you see that the Prisoner was the Man that knocked you down first?
Fennel. It was by the Light of the Candle, that was held out of the Window.
Q. When was it that you first cried out?
Fennel. I did not cry out 'till I was knocked down.
Q. Can you take upon you to say, that the Prisoner was the first Person that knocked you down?
Fennel. Yes: I could see every Thing as plain as can be; I saw the Man's Face as plain as can be; if there was no Light but the Light of the Element, there was Light enough to see his Face.
Prisoner. Please to enquire into his Character; because they cannot hang me for what they tried me for before, they have trumped up this Thing; I know no more of it than the Child unborn.
John Burton . On the 21st of this Month, about 11 o'Clock at Night, the Prisoner, two more, and myself, went into the Blue Anchor in Rag Fair, to drink a Pint of Beer; while we were there, the Prosecutor came in, and called for a Pint of Beer; while he was drinking the Pint of Beer, there was a young Woman came to the Door, and he asked her to drink, and he wanted the Woman to pay for the Pint of Beer: The Landlady turned the Woman out of Doors, and would not let her be along with him. While he was drinking this Pint of Beer, we resolved, when he went out, to rob him; and when he got about twenty Yards from the House, the Prisoner at the Bar struck him with a Mop-stick, and knocked his Hat and Wig off first, and then the Prisoner struck him several Times more, and at last knocked him down. After he was knocked down, two of us fell upon him, and took the Money out of his Pocket; the Prisoner is the Man who took the Money out of his Pocket. In the mean Time, while he was taking the Money out of his Pocket, the Woman who keeps the Blue. Anchor, came out with a Candle, and as we were going to run away, the Prosecutor laid hold on the Prisoner; and one of the Persons, who is got off, beat the Prosecutor very much with a Mop-stick; then we all got away, and the Prosecutor pursued us a good Way afterwards.
Prisoner. I do not know this Evidence; I never saw the Man in my Life; I can bring Witness to prove, that I was at Home and in Bed when the Thing was done. Guilty , Death .
Margaret Smith . The Prisoner lodged in my Husband's House some time; I missed a Pair of Sheets two Nights after she was gone; she was sick a great while, and I believe was drove to very great Necessity, and I believe she did intend to return them again. Acquitted .
John Venables . I hired the Prisoner as a Chair-Woman ; I missed the two Spoons, (a Pap-Spoon and a Tea-Spoon;) and in about an Hour's Time I found her by Monmouth-street; one of the Spoons I took out of her Bosom, the other she had pawned, and I redeemed it by her Direction: She has a good Character from several People, and I believe she never did such a Thing before. Acquitted .
338, 339. + John Head , otherwise Offley , and Francis Painter , of Enfield , were indicted for stealing two Cows, value 6 l. the Goods of Sir Henry Parker , Bart. and two Cows, value 8 l. the Property of Thomas Inwood , Esq ; May 9 .
Joseph Bailey . Head is sometimes called by the Name of Head, and sometimes by the Name of Thomas Offley ; on the 7th of May, I lost two Cows off Enfield-Chace , the Property of Col. Inwood , and found them on the 19th of May, at Millbrook, in Bedfordshire, about thirty Miles or more off, in the Possession of Christopher Beddal , who bought them of John Head , and Painter was in Company with him at the Time of selling them. - There was a red Cow, and a black one, I bought them at Harlow-Bush Fair.
John Berry . I am Servant to Sir Harry Parker , who lives on Enfield-Chace; there were two of his Cows stole the 6th or 7th of May; which I found the 19th of May in the Hands of Christopher Beddal ; one was a red Cow, with white upon the Back, Face, and Belly; and one all Black; he gave them to me voluntarily: I know no more of Painter than his being in Company with Head - Sir Harry Parker has had them a Year and an half.
340, 341. + John Head , otherwise Offley , and Francis Painter , were a second Time indicted for stealing two Heifers, val. 5 l. the Goods of John Harvey ; and one Heifer, val. 4 l. the Property of William Crew , May 9 .
Q. How do you know them to be your Heifers?
Harvey. Because they are both branded on their Horns with my Name, with I. H.; and they are of a red Colour.
Q. Did both of them sell the Beasts to you?
Field. Only one of them sold them to me.
Q. Do you know the Prisoners?
Field. I never knew them before they sold me the Beasts.
Q. Who sold them to you?
Q. What did you give him for them?
Field. I gave him four Pounds ten Shillings for them, they were very poor and thin; he turned me away for the Value of a Shilling three Times.
Q. Did he tell you where he brought them from?
Field. He said he had them from a Place called Cheepside, between Hatfield and St Albans; I kept them nine Days - they were both Red, and branded on the Horns with I.H.: The Heifer which Crew lost, the Quaker (Beddal) bought of the Prisoner Head.
Q. to Harvey. When was the last Time you saw these Heifers before you missed them?
Harvey. I saw them on the 3d of May; that was the last Time I saw them before they were lost, sometimes I have not seen them for a Fortnight together.
Thomas Berry . On the 21st of May, I took both the Prisoners up at Barnet, and carried them to Newgate - I am not a Constable; I took them up with a Warrant, on Suspicion; I went down to Mr. Field's at Cano in Bedfordshire, to fetch the Cattle; he is a Farmer, and a Man of a fair Character; I found the two Heifers grazing in a common Marsh belonging to that Place; I acquainted Mr Field that they were stole, and he delivered them to me very readily. Col. Inwood 's Man was there.
Prisoner Head. Mr Field says, these Beasts were down at Shefford-Fair the 9th of May; and I was at my own House at Potters-Bar at Dinner, on Sunday the 8th of May, between One and Two in the Day-time; and it is impossible I should get to the Fair in that Time; this Painter the Prisoner is a Butcher; he said, he was going down to Shefford to see his Friends, and said, he would carry two Beasts down to the Fair, and desired that I would go down along with him, and sell them for him; we light upon the Beasts ten Miles from Enfield-Chace; he called at my House the 8th of May, and went forward, and about two Miles onward of the Way I overtook him, and then we went after the Cattle; I have a Wife and seven Children.
Q. to Field, What Time of the Day was it, when the Prisoner came down with the Cattle to the Fair?
Field. I believe it was between Eleven and Twelve, at Noon.
Q. How far is that from Enfield Chace ?
Field. I believe I may compute it to twenty-five Miles.
Q. Did they look to be very hard drove?
Field. They looked as if they had been hard drove, but their being so thin might make them look as if they had been drove the harder.
Edward Parker . I live over-against Somerset-House; the Prisoner Head used to come to Town with Hay; I have bought Hay of him, and he al ways dealt honestly by me; he is a little Sort of a Farmer, at Potters-Bar, about thirteen Miles from London - The last Time I bought Hay of him I believe is about two or three Years ago. Head Guilty *, Death . Painter Acquitted .
* Head died on the 10th of July in Newgate
Sarah Bell , of St George in Middlesex , was indicted for stealing one Quilt, val. 6 d. two Blankets, val. 6 d. and a Bolster, val. 4 d. the Goods of Samuel Abbot , January 19 . Acquitted .
343. + Ann Berreau , of St George in Middlesex , was indicted for assaulting Ann Shortland on the King's Highway, putting her in Fear, and taking from her a Linnen Apron, val. 2 s. 6 d. a Straw Hat, val. 2 s. 6 d. and a Piece of Copper Money, called an Half-penny; the Property of Ann Shortland , June 1 .
Ann Shortland . On the 1st of this Instant, as I was coming by the Hole in the Wall , in a little Street turning up to Bloomsbury ; the Prisoner took my Apron off my Sides, and a Half-penny out of my Pocket; and, in the mean Time, two Hussies, who were along with her, took my Hat; while she was taking off my Apron the two young Women took my Hat, and made off; then the Prisoner beat me over the Face, and assaulted me very much: I did not know but she intended to murder me; I cried out Murder, and this Man, (Mullins) came to my Assistance - I am a Chairwoman, and lodge at a Publick-House in Carnaby-Market, and was going to Barnard's-Inn in Holbourn, to try to get a Day's Work.
Q. How came you to be up so soon as 4 o'Clock to try to get work? That was not a proper Time to go to look for Work.
Shortland. Because I was in Hopes of getting some - I was alone.
Jury. She says, she lives in Carnaby-Market, that was not the Way to come into Holbourn: Did you ever see the Prisoner before?
Shortland. I never sat Eyes on her in my Life before; there was a Man who looked out of Window came to my Assistance, without Shoes and Stockings; and she was taken with the Apron upon her; she damned me, and sinked me, and said, she would have my Apron; this is the Apron she took off my Sides.
Jasper Mullins . I happened to hear a Noise of crying out stop Thief, and Watchman, or Constable, so I looked out of Window, and saw four Women together; the Prisoner got hold of the last Witness, and beat her, and said, she would have some Money of her; she said, she had no more than an Half-penny; then the Prisoner turned her Pocket inside out; and when she found she had no more Money; says she, I will have your Apron; then she got hold of her, and with both her Hands tore it from her Body; the other two Women were then at some Distance; says she, to the Prisoner, Do not use me ill, I am a poor Woman; and she gave the Woman a Blow over the Face, and then made off; she cried out stop Thief; I was in my bare Shirt (I am ashamed to speak it before your Lordship) and followed her without shoes, Stockings, Breeches, or Slippers; and when I came to her, said I, Why were you so villainous as to take the poor Woman's Apron; deliver it: Said she, what's that to you, you Son of a B - h, G - d - n you to Hell - this was in Little Russel street; there was a Bricklayer coming by, I begged of him to help me, but he went his Way, and never stopped; I told her I would follow her all that blessed Day, till she was taken; I followed her up Duke-street into Great Russel street, and then came to the House of the Beadle of our Parish, and he had just happened to open his Shop; said I, You see that Woman, take her up in my Name, for I am quite tired; he asked me what he must charge her with, said I, with stealing a Woman's check'd Apron, and he went directly after her and secured her.
Mrs Brotherton. I heard a Noise, in a Place which we call the Hole in the Wall, fronting the Market; I got out of Bed, and looked out of the Window, and saw the Prisoner, the Prosecutrix, and two more Women together; the Prisoner stopped the Prosecutrix, just by the Door where I live, and she said, she would have her Money; she said, she had none; the Prisoner pulled her Pocket clear out, and turned it, and finding she had no Money, she cursed and swore, and untied her Apron, and said, she would have that; she begged and prayed, for Christ's Sake, that she would not take her Apron; says she, Do not take my Apron away, for I am going to a Gentleman's House, and cannot do without it: I said at first, what are you going to rob the Woman; and told her, I would call the Constable, who lived at next Door; she said, he might be d - d, and I too; she took away her Apron, and swore violently, and run away; the last Witness pursued her without Stockings, Shoes, or Breeches.
- Burgess. I am Beadle, and a Wheelwright by Trade; the Prisoner at the Bar came running by my Door in a great Hurry, swearing, and making a Noise; I stepped out of the Door, and looking after her, I saw Jasper Mullins running after her, without Shoes, Stockings, or Breeches; he calls out to me, Mr Burgess, stop that Woman, for she has committed a Robbery; said I to her. I want to speak with you; she turned back her Head, and I ran after her to the End of our Street, and told her she must come back; she had this Apron upon her (the Apron was sworn to by the Prosecutrix ) the Prosecutrix came crying, and said, You barbarous Woman how could you be so cruel, as to robJasper Mullins went from me, and I did not see him again for some Time afterwards; I charged my Son to take care of this Woman till Mullins came back again; and when he came back, he said, he had been following the other two Women, but could not find them.
Jury to Mrs Brotherton. When you looked out of Window, and saw the four Women together, did not they look as if they were Arm in Arm?
Brotherton, when they found that she would not consent to give them her Money, they took her Apron from her by Force; and the other two Women held her, while the Prisoner did it.
Prisoner. That Man and that Woman only do it for the Sake of the Reward, 'tis for that they want to take away my Life.
Q. to Mullins. You say, the Prisoner turned the Prosecutor's Pocket inside out; what did the Prisoner say then?
Mullins. She took hold of her Apron, and tore it from her; I saw it plain enough all the while.
Q. The Prosecutrix seems to be a pretty lusty Woman, did not she struggle with her?
Mullins. She did struggle with her, I believe, as much as she could; but the Prisoner gave her several Blows; and at last, gave her a Blow upon her Arm, and then took her Apron.
Jury. Were the two Women near at that Time?
Mullins. They were not near her Body. Acquitted .
Robert Morgan . - I know the Prisoner extreamly well since that Night - the 20th of May - I am Clerk to an Attorney ; I met her by Exeter-Change in the Strand; she asked me how I did, and such Tittle Tattle; and asked me to give her a Glass of Wine; she, and another Woman that was with her, carried me into a Court called Corral Court in the Strand, the first House on the right-hand Side of the Court; one of them wanted Money for Sugar, so I gave her a Shilling, and she brought up a Negus, and they drank it themselves, for I am a Person who does not chuse to drink much; then they were urgent to have a farther Negus, to which I consented; and took my Purse out, to give the Woman a Shilling, as I thought, to fetch more Sugar, and I apprehend they then saw I had Gold; then the other Woman went down; the Prisoner finding me by my Discourse to be a very cold Companion, and that I should have nothing to say to her, fell a kissing me, and toying with me, and pulling me about, and threw me upon the Bed, which was very dissatisfactory to me, for I did not like it; and I think she must take that Opportunity to pick my Pocket; for about half a Minute afterwards she went out of the Room down Stairs; and about half a Minute after she was gone down, I put my Hand in my Pocket and missed my Money; missing my Purse, I thought they might get People to use me in a rough Manner; so I drew a Knife, which I had in my Pocket, and run down Stairs; and said to the People of the House, I should use them ill, if they did not let me have my Money; the Woman of the House, or that pretended to be so, said it was a Thing of my own seeking, in bringing them into her House, and that she knew nothing of the Matter; and after I went out into the Street she shut the Door against me: I thought to have had the Door broke open, but considered it would not be to much Purpose; the Neighbours in the Court told me they were vile People, and that I ought to prosecute them; there was a Watchman and a Soldier at the Bottom of the Court, who offered their Service to go with me to several Places, to endeavour to find them; and said, they apprehended they would either come Home very soon, or be at some House hard by; and I found the two Women Arm in Arm, very near the Place, only on the other Side of the Way. - I knew them very well; for I took particular Notice of them; so we carried them to the Watch-house; they called me Villain, and said, that I never saw them before: I took Care that the Prisoner should not disgorge her self of the Purse; they said, I was drunk; but I gave a particular Account to the Constable in writing, of what happened, and what I had lost, that they might see I was not drunk, the Prisoner was carried before Col. Deveil ; there was a Woman, who said, the Prisoner was a very honest Woman; but the Colonel said, he had seen her at least eight or nine Times; and she abused the Colonel in a very particular Manner. - I have not had my Purse again.
Morgan. I do not know whether the other Woman was committed.
Prisoner. He has eat a Green Goose since with the other Woman, and has a Spight against me, and said, he would prosecute me, and not her.
Morgan. I do not affirm it, that there is not a a Word of Truth in it about the Green Goose.
Patrick Munford . I am Constable; I apprehended the Prisoners. Mr Morgan told me it was two Guineas and an half, and 7 or 8 s. that he had lost; he was always in the same Story; he never exceeded that, he wrote it down himself. - There was nothing found upon the Prisoner but about 2 s. - The Woman who was along with the Prisoner appeared to be the Woman who kept the House.
Prisoner. I never saw the Man before in my Life.
Q. When did he say so?
Q. What Business had you at Hicks's-Hall?
Mr Brown. The latter End of April, or the Beginning of May, the Prisoners came into my Shop in the Poultry , and desired to look at some Lawn; I shewed them different Sorts, and I believe they were with me about a Quarter of an Hour, but bought nothing: About half an Hour after they were gone, Mr Wiseham came into my Shop, and asked me if I had lost any thing, and at the same Time produced this Piece of Lawn, which I immediately knew to be mine; he told me, there were two Women in his Shop who had dropped it there, and if I would go to his Shop I might see them: Accordingly I went, and there I saw the two Women who had been in my Shop just before, which are the two Prisoners at the Bar; I had seen it about two Days before.
Thomas Wiseham . The Beginning of May, the two Prisoners came into my Shop, and asked for some Cambrick, I shewed them some which they said was too fine for them. I went to take down another Box of Cambricks, and as I was doing it, I saw the Little One in the Red Cloak, ( Chaloner,) shuffling something downward into her Pocket, or into her Cloaths. I could not discover which as she stood close to the Counter; I was very much surprized, and stood a Minute or two where my Box stood, and had hardly Power to stir; I fixed my Eyes upon her, and she her's upon me: I stood still for some Minutes, and did not speak a Word. Poole, pretended to fall into a Fit, says Chaloner to Poole, Molly, my dear, Molly, what are you a going? Molly, my dear Molly; Sir, I hope you will not take it amiss, this Gentlewoman is frequently troubled with Fits, four, five, or six, in a Day; says I, I believe this a Fit of Conscience, if it was a real Fit I should discover it. I saw some Tears come out of the Corners of her Eyes, and I thought it was a Fit of Sorrow; she was about ten Minutes before she came out of this Fit; then they looked upon me, and I upon them a good while, and said nothing: At last says Chaloner, Pray, Sir, what is your Cambrick a Yard; I said 4 s. she said, cut off a Quarter of a Yard; I cut off a Quarter of a Yard, and she gave me a Shilling: Upon which as they were going out of the Shop, I said, Hark you, young Woman, I must have a Word with you before we part; upon which I led them both into the back Shop, says I, I am very sorry that I have Occasion to say it, but I am positive of what I am going to say, I am sure you have robbed me of something, and I will search you before you go out of my Shop; I shall be sorry for what I have said, if you are not guilty. When I was going to search them, this Piece of Lawn of Mr Brown's was dropped in the Shop; they stood both close together, and it was found under them upon the Ground: One Mr Bishop, who was in the Shop at that Time, took it up, and asked me, before the Prisoner, if this was not my Property; says he, I saw her, (Poole,) lay it down; No, said I, I have nothing of this Quality in the House, but no doubt but it may belong to one of my Neighbours; said I, do you keep them here, and I will go through the whole Street but I will find out the Owner, if 'tis possible. I went among my Neighbours and into Mr Brown's, and asked if he knew any Thing of it; he owned it, and came to my Shop, and charged
Jonathan Wheelwright . I have known Poole from her Infancy, she was born in the County Town of Stafford, of very just, honest, sober People. I cannot account for the Reason of her coming to Town, but her Conduct and Behaviour there, was what induced me to believe her to be a very honest sober Girl, and what induced me to appear for her. She was particularly noted for her Industry under my Father (Mr Samuel Tooke ) with whom she lived some Time a Servant, she always bore a good Character. - The Business she followed here was the selling of Hard Ware: She kept a Stall in the Borough of Southwark.
Ann Markham . The Prisoner is the Person who had a Ring found in his Custody, which I lost the the latter End of last March, or the Beginning of April, from off my Counter: A Jew and his Interpreter came into the Shop to ask for some Goods he had bespoke of me, which were some Smelling-Bottles, mounted with Gold; and there came a Lady, her Child, and Servant, into the Shop; I was behind the Counter, and had the Ring in my Hand, putting it into a little black Case, in order to send it to a Customer of mine in the Country: The Jew stood nearest to me; I held the Ring in my Left Hand even while I served the Customer. - I might lay it down and take my Hand off it to pull out a Drawer, and then lay my Hand upon it again; the Jew had no Occasion to stay for any Thing. for I told him I had none of the Things he wanted. I missed it the very Minute the Jew was gone, for I designed to carry it away the Minute I was at Leisure. The Lady and the Jew went away pretty near together. - I did not pursue the Jew immediately, for I was willing to mistrust my self first, and think whether I might not have laid it aside. - It was an Emerald Ring , with twelve Rose Diamonds; there is the Socket of the old Ring. Mr Batalliard, one of my Workmen, happened to come into the Shop, I desired he would go to the Coffee-House among the Dealers, and endeavour to find out whether such a Thing was offered to sale, and for fear I should not meet with the same Ring again, I desired him to get an Emerald as near that as possible, to make the Gentleman another Ring. Some considerable Time afterwards, he brought me a Stone, and laid it down upon the Counter; I thought it was the same, because it looked prodigiously of the same Colour (he brought it to me the last Day of May). When I saw the Stone, I said, Where had you this, I fancy it is the very same Stone that I lost; when I dropp'd it into the Socket, I said, depend upon it, it is the very Stone that came out of the Socket; said I, I do think I am confident of it now, because it fitted to an Exactness. [Mr Bataillard produced the Stone, and Mrs Markham said, she believed it to be the Stone that came out of her Ring] I was sent for by my Lord Mayor the first of June, and was very much surprized to see the Prisoner, the Person who had the Ring in his Possession. I knew the Man very well before, and if I do him Justice, I do not know that he came into the Shop at the same Time that I lost the Ring. I had an ill Opinion of the Prisoner before, and was surprized to see him; He used as generally as he came by to open the Door, and ask if I had looked out my Diamonds, for he wanted to buy some Diamonds of me; and when he came and asked for them, I told him I had not them ready. I made that Excuse because I did not care to show him them. - I cannot tell the Value of the Emerald in particular.
Prisoner. I hear very well what she says, she did after this Time always order me to come to her House, and desired me about a Week ago, to bring her some Pearls, and told me she had not looked out the Diamonds; as to this Emerald I bought itJacob Stebeno [His right Name is Jacob Moses , Stebeno being only a Nick-name]
Uuldrick Battaillard, sworn.
(Mr Battaillard desired an Interpreter, because he could not speak good English; who was sworn, but Mr Battaillard was examined himself.)
Mrs Markham told me, that she had lost a Ring out of her Shop, and desired that I would go in to Chadwell's Coffee-House, to look among the Merchant-Jewellers, to see after this Ring. - She said it was an Emerald with twelve Rose Diamonds set round about it. - This was in May, and about three Weeks ago, I went to Mr Attleborough in Cannon Street, to look upon some Goods, and found this Emerald there. I desired Leave to show it Mrs Markham, and she said it was her's.
Court. You need not to accuse yourself.
Prisoner's Counsel. To be sure it is the best Way to own it; what signifies denying a Thing which can be proved?
Q. to Battalliard. Do you think Mrs Markham can swear to it?
Battalliard. I think she may. I believe every one that sees it is the same Stone that came out of that Ring.
The Counsel for the Prisoner objected against Stebeno being examined.
Judah Jacobs . I cannot say that I know this Stone, for there are many Stones of this Kind. I was going one Day into Spittal-Fields, with some Goods, and in Gravel-Lane I saw the Prisoner standing with Jacob Stebeno , (I think it was between two and three o'Clock;) said I to Mr Polak, How do you do? What do you do here? Said he, if you will come into the Publick-House, (I think it was the Three Compasses) I will give you a Tankard of Beer. As we were setting there, Stebeno showed Mr Polak a Ring, with a green Stone in the Middle set round with Diamonds. - I cannot tell how many; if I am not sure I will not say it; if I was positive I would speak it. - There might be nine, ten, or twelve. Polak asked Stebeno, how he came by the Ring; Stebeno said he found it in the Street; Polak asked him what was the Price of it; said Stebeno, I cannot say the Price, I will leave it to your own Judgment, I know you are a Man who will give me the Value of it, and will not wrong me: Polak said, If I should be honest to you, I cannot tell what it comes too without taking out the Stones and weighing them: So Polak took out the middle Stone and the Diamonds, and weighed them in a Scale. I cannot tell what he weighed the Diamonds to, whether two Grains and a Quarter, or what, but Polak said, he would give him 3 l. 10 s. for it; says he, If any body will give you more, take it, - or if you can get any more take it, and come to me last. Stebeno said he would leave it with him; - Stebeno agreed to take the 3 l. 10 s. - and he gave him a Guinea in Part.
Mrs Markham. The Price of the Ring to the Person who employed me is Ten Guineas.
Q. to Jacobs. Did you meet them accidenttally?
Q. Are you Partner with the Prisoner?
Mrs Markham. He is Partner with Mr Polak.
Judah Jacobs . I am not Partner with him; if a Man goes along with me to buy any Thing at a Pawnbroker's Shop, I may go Part in it, but I am not his Partner because of that. - I go into Flanders, and other Parts with Goods; I shall go into the Wars with Goods.
Judah Galinda . I happened to meet the Prisoner and Alexander Joseph , I do not know whether Judah Jacobs was there, but if I was not mistaken they were all three there; they took me into the Crown Alehouse, and talking about a Ring that the Prisoner bought of Stebeno, that was stole, they desired me to write an Advertisement, with two Guineas Reward for any Person who should apprehend Jacob Stebeno , and I wrote it; but I never saw it in any Paper.
Pris. Counsel. It was printed, and they did endeavour to take him up.
Galinda. I do not know any Thing of that.
Jacob Isaacs . I was informed that Stebeno was seen walking, with a Friend of his at the Wells. I went to the Mulberry Garden in White-Chapel, and saw the Prisoner, with two Gentlemen, who came from Holland; I told him, that Stebeno was seen walking in the Wells; says the Prisoner. You may keep a Watch, and I will give you two Guineas if I can take him; Mr Galinda, the Prisoner, and another Gentleman went to the wells, to see if Stebeno was there - the Prisoner gave me two Guineas and his Watch, but I gave him his Watch again - he gave me his Watch in Hand for the two Guineas, by way of Pledge.
Jacob Moses (who is called Stebeno) and if I catched him, he said, I should have a Crown, otherwise, he would give me a Shilling for my Trouble; so he gave me a Shilling; I and the Constable met with Stebeno in Gravel-Lane, and as soon as he saw me and the Constable he run away.
Q. Did you speak to him?
Myer Isaacs. How could I speak to him if he run away; if I can catch him, he should not run away.
Jacob Aaron . I am a Constable: The Prisoner sent for me to take up Stebeno; and Judah Jacobs went with me for Assistance; we went into Petticoat-Lane in White-Chapel, and a Gentleman told us he run that way; I did not see Stebeno.
Q. Did you see any Body run.
David Solomon . I have known the Prisoner as long as he has been in London - about a Year - he is a Jeweller; I knew him six or eight Years in Holland - I never heard any Harm of him; and never suspected him; I have trusted him several Times, and always found him to be honest.
Enoch Solomon . I have known him eight or nine Years; I knew him before he went from England; he always behaved like a Gentleman; he left a Trifle unpaid when he went away, and when he came back he paid me; he is my Diamond-Cutter.
John Catterns . I take in Advertisements for the Daily-Advertiser : Mr Polak, the Prisoner, and another Gentleman, brought this to me to be advertised; and three or four Days afterwards it was sent back again - because there were some Persons Names in it; and they have oftentimes come into Trouble for putting in Peoples Names; the Prisoner came to enquire, why it was not put into the Advertiser, and I told him the Printer of the Paper refused to put it in.
[The written Paper was read, which was to the following Purpose: Whereas, Marcus Polak bought a Ring of Jacob Moses , otherwise Stebeno; and the said Jacob Moses has since absconded; therefore Marcus Polak does promise any Body two Guineas Reward, who should apprehend the said Jacob Moses , so as he may be brought to Justice; to be paid by Marcus Polak , at his House in White-Street. No. 4.]
Q. What do you know of this Ring?
Court. Look at it?
Court. Did not you deal with Polak for a Ring that had a Stone (an Emerald) in it, of that Colour, and Diamonds round it?
Q. Are you a Jeweller?
[The Council for the Prisoner argued, that he could not see how this Man could be admitted an Evidence against the Prisoner; when the Prisoner had charged him with this Fact; and published an Advertisement, with a Reward for the taking him; but this the Court over-ruled.]
Jacob Moses . I hope my Lord, and the Gentlemen of the Jury, will hear how I was like to have been drawn in: One Night, when I came Home, about eight o'Clock, I heard that Polak the Prisoner had been taken up about a Ring; and that, he said, he had bought the Ring of one Jacob Stebeno ; said I, I must go and enquire about this; I went, and found this Polak out; I light of this Judah Jacobs , said I, where is your Partner? he said, he had no Partner (but though, he said, he had no Partner, I will prove he has been his Partner ever since he was in London) I said, pray what is the Meaning of your Partner's putting my Name in Print about that Ring; and to put my Name in Question before my Lord Mayor; he said, what would you have of him, he is a Madman in all his Actions, I cannot help whatJacob Aaron , the Constable, was on Duty that Night; and he said, to me, How can you come here this Night, when such a Thing is spoken of you, that you were the Person who sold the Ring to Polak; I said, thank God, I am not afraid; if you are a Constable you may take hold of me - I said, I am here, I am not afraid of any Thing; as you are upon Duty, you may lay hold of me as well as another, if you think I am the Person. I went into Alexander Joseph 's Coffee-house, and there was the Constable; and a Man in the Coffee-House said, I might lay hold of you; I said, Here is the Constable, he may lay hold of me; I staid in the House till about 12 o'Clock, and then went Home to Bed: the next Day I obliged Mr Polak, and staid away from Dukes-Place; about half an Hour after two in the Afternoon, this Mr Judah Jacobs (his Partner) came to me, and said, You will see Mr Polak will be with you about five o'Clock, or to-morrow; but I did not see him that Day, nor the Day following; I went to his House again the Day after, and he came out to me; said I, Mr Polak, is this your fine Tricks, that I must keep away from my Wife and Children, and you slight me in this Manner; so he put his Hand in his Pocket and gave me two Shillings; I went away that Night, and he promised he would see me again, and so he kept it on for a Fortnight running.
Q. Did he never come near you?
Jacob Moses . He came near me, and sent Judah Jacobs to me, but he kept me from Home for about a Fortnight; if you please, my Lord, I will tell you, as to this Constable that was employed to take me up; Judah Galinda came to me two or three Times, and talked to me about it, and said, he could not help it.
Jacob Moses . He told me Polak would be with me at five o'Clock; and Polak came to me; he said, I tell you, what I must do, I must do it for my own Safety; said he, do you sit here, and I will send the Constable, with another Man, but I will tell them they shall not meddle with you; but it is necessary for me, in order to the making of it up, to say, that you run away; he said, that he would not hurt a Hair of my Head; and that the Constable should not lay hold of me; after this Mr Polak sent the Constable after me. This was on the Friday.
Q. Did he send any Constable?
Q. Did not you run?
Jacob Moses . I did not run, nor no such Thing, what should I be afraid of? the Sunday after Polak came to me at Mr Taylor's House, at the Rose and Crown in Catherine-Wheel-Alley (where I was) and drank a Tankard of Beer with me, and he called me out into the Yard; I told him I wondered he kept me up so; that I did not see him; and kept me from my Wife, and slighted me so, and gave me no Money; he said, I do assure you, that you shall be out of the Way no longer than next Tuesday, for I have employed a Gentleman to make it up; who should come in then but Judah Galinda (that is the Man that wrote the Advertisement) then Galinda came, and sat down by the Table; says Galinda to me, If you will be easy and quiet, between this and next Tuesday it will be made up; for I shall go to Mrs Markham to-morrow, in order to make it up; said I, when you go to Mrs Markham's I w ill go along with you; said he, with all my Heart, but you shall not go in with me at first, but go into the Horseshoe and Magpye; and Mr Galinda went into Mrs Markham's, but what Discourse they had then I cannot tell; (now I recollect my Memory Mr Galinda could not go on the Tuesday; he is a Clerk and teaches Children; it was on the Wednesday) Mr Galinda said about a Quarter of an Hour, and thenJudah Galinda ; and I said to the Gentlewoman, Madam, it is a troublesome Sort of a Thing, if you can make it up with these People do, that was all I said, and then I went away.
Jacob Moses . No otherwise than in Relation to the five Guineas that Polak offered me; I said to every Body these Words, Mordecai Polak gave me these five Guineas to keep out of the Way - I never did say to any Body that I found the Ring.
Prisoner's Council. Do you know Myer Isaacs?
Mrs Markham. Judah Jacobs came to me to make up the Affair, and pretended to do it on my behalf, and said, that I should be paid for the Ring, or have another made as near that as possible; and desired that, for their Sakes (the Prisoner, and Stebeno) and my own, it might be made up.
Q. Did he make use of the Name of any Person that he came from?
Mrs Markham. No, I do not remember that he did: I asked him if I could not see the Person that found it, and, he said, I should see him immediately; and in about five Minutes he fetched Stebeno; I viewed him, and though he was much of same Size, I did not think him to be the same Person, that I believed stole the Ring; I asked him whether he would oblige me, in telling me where he found the Ring; for I told him there was but one Place where he could find it; immediately, upon my asking him that Question, he desired me to step back with him; and he assured me, he never stole the Ring, found the Ring, or sold the Ring, or Words as near to them as I can remember; but, he said, if I would make up this Affair, he would open such a Scene that I never knew. Mr Galinda about a Week after came again, to know if I would make it up, and was with me three or four Times.
Abraham Davids . Judah Galinda is a Master of Languages; I employed him to learn me English; and he, not coming, I asked him why he did not come, he said, he was making up a Business for Mr Polak and Stebeno; this Jacob Moses was my Servant.
Aaron Polock . - I am no Relation of the Prisoner's, but I knew him before he went out of England, and since he came Home; and his Character was this, that he would come to this unhappy Case, as a Prisoner at the Bar; and some People who are come to give him a Character have been transported
Isaac Elias . I was at the Poultry Compter to see some Friends, and Stebeno said, I am brought here for Mr Polak the Prisoner; he said, he found the Ring, and sold it to Mr Polak; but now, said he, as he has taken me up, I will deny it - I was a Debtor in the Poultry Compter, and I had a Relation there, that was the Occasion of my going.
Judah Galinda . (Called again) When I first went to Stebeno, said I, How is this Case with you; he said, he did find the Ring; but, said he, if any Body henceforth asks you how I came by it, you need not say how I came by it; but he did not say so to me afterwards; I thought at that Time that he did find it - Judah Jacobs employed me to make it up.
Q. Did not Polak desire you to go to make it up?
Galinda. No, he never spoke to me about it in my Life. Acquitted .
Elizabeth Trigg , for receiving the same knowing them to be stole .
Samuel Ware deposed, that Hannah Clap worked with him in his Shop, in the Business of Silk Throwing; that he had at different Times missed a great many Bobbins of Silk, and that he had some Reason to suspect the Prisoner; that on the 21st of this Month, he charged her with robbing him, and that she then voluntarily, (and without any Threatnings) confessed that she stole three Bobbins of Silk out of his Shop, and had given them to Elizabeth Trigg ; that Hannah Clap had sworn, that Elizabeth Trigg received them of her. Mr Ware also said, that the three Bobbins were brought home by Trigg's Mother, in another Parcel of Silk.
John Powel , (Silk Throwster) deposed, that he was present when Hannah Clap freely and voluntarily confessed, that she stole the three Bobbins of Silk from Mr Ware, at Trigg's Desire, and carried them to Trigg.
James Salmon , (Foreman to Mr Ware) said, that he had at different Times missed a great many Bobbins of Silk; and that Hannah Clap owned, that she stole the three Bobbins of Silk out of Mr Ware's Shop, and gave them to Bess Trigg ; that she was then sober, though she very seldom is so.
Clap Guilty 10 d. Trigg Acquitted .The Jury recommended Clap to the Court for Corporal Punishment.
350. John Read , of London , was indicted for stealing two Pair of Chints Window Curtains, and forty Yards of Chints, value 6 l. and three Yards of Damask, value 6 s. the Goods of John Jenkins , Feb. 9 . last. And
John Jenkins . I live in Great Queen-street , by Lincoln's-Inn Fields. On the 9th of February last, I lost seven Pieces of Chints Hangings, and two Pair of Chints Window Curtains, and part of a Silk Damask Gown, and a Counterpane, the same as the Chints: I had an Information of them the 22d of February, and found them at one Mr Boyreas, or Boyers, in Dukes-Place; and they said, they bought them of Jonas and Bayley; I found several Pieces of Chints in Boyreas's Lodging; Bayley at first denied it, but afterwards owned she had Part of the Goods.
Jacob Mendoz . John Read , with two more who are not taken, and myself, went to Mr Jenkin's House, in Great-Queen street, about four Months ago, about six o'Clock in the Evening; we saw a great Bundle lying upon the Counter, and took it away, and carried it into Dukes-Place, to one Rachel Jonas , or Joseph, - but it is not that Gentlewoman (the Prisoner); I do not know any any Thing of her; I never sold her any Thing: I delivered them into Rachel Jonas 's Hand, she lives up three Pair of Stairs in a little Room. I carried them up into the Room, and delivered them to her; - the Prisoner was in the Room at the same Time. Thomas Smith and William Dawson were with me; I asked her whether she would buy them, she said, she did not care to buy them then; she (that is Rachel Joseph 's Sister) would send for her Son; she looked on them, and counted them over; - they were fine Hangings; they were all made like Curtains. I left them there to be sold. - I used to follow the Tripe-houses, but then I followed wicked Ways. - I knew that she knew what I was, because I went with two or three Lads there before. - She does not keep a Shop, but she buys them when I have any to carry to her; I had 19 s. for them; I was to have had 30 s. in all, but she flung me out of all the rest, because I did not go along with her Son to fetch the Money for the Goods, but staid at her House while her Son went for the Money. - There was a handsome Bundle, they looked fine and fresh.
Jenkins. They are valued at about 9 l.
Mendez. I never sold any Thing to the Prisoner, it is the Prisoner's Sister I sold them to.
William Day . On the 22d or 29th, two or three Gentlemen sent for me to the Blue Boar in Whitechapel, (that is Mr Hallet and Mr Jenkins,) and showed me a Warrant to search. I went to the House of one Boyreas, in Dukes-Place; I have got several Things which were found in that House.
Jenkins. They are not my own Goods they belong to Miss Vernon of Twickenham; I had them of Mr Hallet.
William Day . I said to the Woman at Boyreas's House, you must give me an Account how you came by these Goods; she said, she had them of her Husband, and he was not in the Way. When I got hold of the Man there were several Jews who said, it it a Pity he should suffer, we can help you to the right Person they had them of, and they told me, that the Woman was the Person, and afterwards
* Rachel Joseph was committed to Newgate on the 7th of May for this Fact, and was discharged at the last Sessions for want of Prosecution.
Jenkins. I have not made Satisfaction for the Goods yet, but I am to do it.
Prisoner Read. I never saw the Prisoner in my Life, before I came before the Justice of the Peace.
William Hailet . I am an Upholster, I had these Goods at Miss Vernon's, and gave them to Jenkins, the Dyer, to clean; on the 11th or 12th of April, he came to me, and told me he had been robbed of all the Chints, and other Goods; I told him it was proper to advertise them, and they were advertised with two Guineas Reward. I waited on Miss Vernon after I found I could not get them, and told her, I would make up any Bed for her, till I saw whether I could get them again. Mr Jenkins came afterwards, and told me he had got Intelligence of the Chints. I went to the Sitting Alderman at Guildhall, and got a Warrant to search Daniel Levi Boyreas 's House, and there was that Woman (the Prisoner) and Benjamin Jonas , and we found some of the Goods there; and the Prisoner took upon her to say it was Furniture of her own. When I found that they endeavoured to baffle and out swear me, I was resolved to make an End of it: I was very positive as to the Goods, because I had kept some Pieces of them back that I did not send to Mr Jenkins. She told my Lord Mayor, if he would excuse her she would tell the Truth, and then she said, that she had them of Jonas, who was then by; and Jonas told the Names of four Persons who were concerned in stealing them : This Mendez was fetched to Justice Devil's, to swear to this Read. I went to this Bayley.
Hallet. I went to her, and she told me, she had sold several Pieces of the Chints, and had sold a Counterpane for nine Shillings, to a Gentleman who is in Court; she said his Name was Simon Moses ; I find he is the principal Evidence against this Woman, so I have summoned him. - I found a Quit in his House which is covered with Part of the Chints: He refused to deliver it without I gave him nine Shillings.
[Mr Moses was unwilling to produce the Counterpane, but being ordered by the Court he fetched it, and produced a Quilt, the Covering of which was sworn to by Jenkins and Hallet, to be Part of the Goods that were lost.] - The Prisoner said, she had it from her Sister, and that she was to sell it for 18 s.
Q. Who had you that Chints from?
S. J. Moses. These People are entire Strangers to me, I have known the Woman (Joseph,) some Time, she used to bring Usquebaugh and strong Liquors to my House, and my Wife has sometimes bought of her; she said her Husband was a Distiller: One Day I was in my Compting-House, doing Business with my Clerk, and saw her with my Wife, said she, here's a Bit of Chints she has to sell. I was not for her buying it, because I thought it was rotten; my Wife said she would put a Linning to it, and it would serve for the Nursery, and she gave her 9 s. for it. She said her Husband was dead, and she was going to sell off all her Things; that Quilt stands me in 30 s. and I can buy a new one cheaper; that Man in the Blue Coat said, he wanted to say something to my Wife in private, he went to Alderman Heathcote for a Warrant, and he knowing me to be a Man of Credit, he would not allow it, (grant it.) I said to the Man, Sir, you are a Stranger to me, if you will give me the Charge I have been at, you shall have it.
James Bowen . I was a Prisoner confined along with this Jacob Mendez ; John Read 's Mother came to Clerkenwell-Bridewell, and Jacob said if she would give him a Guinea, and a Coat and Breeches, he would not swear against her Son, but against one Theophilus Watson .
Mendez. It is not true, I never said such a Thing in my Life; his Mother told me she would make me a Present if I cleared her Son; I told her I would endeavour to do it, if I got any more of those that were in my Information taken up.
Elizabeth Murphy . I heard Mendez say, in Clerkenwell Bridewell, to Read's Mother, that if she would give him a Guinea and a Coat, that he would say her Son was not guilty of the Fact; and, his Mother said, that to have her Son's Life she would give him a Guinea and a Coat, and he jumped up in the Goal, and laughed, and said, he would clear him.
Isabella Oates. I have known Read; he has
Edward Thomas . I have known Read between six and seven Years; his Father is a Cabinet-Maker, and works for me; I never heard any Body say a hurtful Word of him; he has done Work at Home with his Father within these ten Weeks for me.
William Marsh . I have known the unfortunate Lad twenty Years, but within these twelve Years I have been very intimate with him; and about five or six Weeks ago I employed him for a Fortnight together; I never heard any ill of him, but always the contrary.
352. + John Read , was a second Time indicted, with Thomas Smith , and William Dawson , not yet taken, for stealing seven Pieces of Callico, val. 5 l. two Pair of Window Curtains, val. 40 s. one Counterpane, val. 20 s. one Piece of Damask, val. 18 s. and a Piece of Shagreen, val. 20 s. the Goods of John King , in the Dwelling-House of John Penkethman , Feb. 9 .
There being no other Evidence but Mendez, the Accomplice; the Prosecutor did not enter into the Evidence, and the Prisoner was Acquitted .
353. + George Watton , late of Milton, in the County of Kent , was indicted on the Waltham Black-Act, for that he on the 18th of February, in the Twelfth Year of His Majesty's Reign , did wilfully, maliciously, and feloniously shoot at John Fowen , of Gravesend , Barber (since deceased) in his Dwelling-House .
An Affidavit was produced, that Notice had been given to the Persons concerned in the Prosecution, that the Prisoner would take his Trial this Day; they were called, viz. William Moore , John Fowen , Matthew Peter Solom , and Susanna Halliburton , but not appearing, the Prisoner was acquitted .
354. Elizabeth Woodward , of St Giles in the Fields , was indicted for stealing one Camlet Gown, a Shift, four Caps, a Cambrick Hood, two Cambrick Handkerchiefs, a Linnen Apron, a Silk Knot, two Pair of Shoes, and one Pair of Cloggs , the Goods of Elizabeth Aldridge , June 7 .
The Prisoner said, the Prosecutrix lent them to her to go to see a Friend; but this she denied. Guilty .
355. Richard Hunt , of St James Clerkenwell , was indicted for stealing half a thousand of ten-penny Nails, val. 2 s. twenty Pound Weight of old Iron, val. 2 s. 6 d. and a quarter of a thousand of Brads, val. 4d. the Goods of Thomas Grove , Feb. 25 .
Thomas Grove . The Prisoner is a Porter ; I had often missed Things, and charged my Servant with them; she said, if I would forgive her, she would tell me what became of the Things; she said, Richard Hunt , and his Wife, and John Simms had them, and that after she had given them some Trifles at first, they threatened to transport her if she did not go farther.
Susannah Fincham . The Prisoner had these Things of me, off my Master's Counter, at different Times; he bid me take the Nails down off the Shelves and lay them upon the Counter, and he would take them away; and used to threaten me, if I would not let him have more Things he would transport me.
Prisoner to Mr Grove. What she says I know nothing of; did not I buy a Pair of Bellows of you, and you told me you would satisfy me for my Trouble?
Grove. Yes, you did, and I gave you a Shilling.
Grove. She is his Mother-in-Law.
Q. Are you any Relation to the Prisoner?
Calliot. None at all.
Q. Are you not his Mother-in-Law?
Calliot. He married my Daughter - he is no Relation of mine, but only by Adoption.
Elizabeth Kelly . The Prisoner stole these Things; I met her in Spittal-fields, with my Gown and Shift upon her Back, and my Shoes on, but I never had them again.
Mary Yardly . The Prisoner desired me to pawn this Gown for her; and I afterwards took it out, and sold it to Christian Clay : Christian Clay said, she bought that Gown of Yardly, which was owned by the Prosecutrix. Guilty .
The Prosecutor not appearing, she was Acquitted .
Mary Crisp . My Husband keeps a Publick-House in Beech-Lane ; last Tuesday the Prisoner was in the Drinking-Room where this Pot stood; I went up Stairs and left her there, and when I came down she was gone; the Gentleman to whom it was offered to sell brought it to me.
Mary Wilson . Last Tuesday, between one and two in the Afternoon, the Prisoner brought this Pot to sell; my Husband stopped the Pot, and came in, and told me, he had got a Pot of Mr Crisp's; I said to the Prisoner I will go along with you to Mr Crisp's: No, says she, by G - you shall not; and gave me several Blows, and said, no, I will not go; I do not care a Pin for you; I would have detained her if I could, but she went out of the Shop.
Mr Wilson. The Prisoner brought this Pot to me to sell, whether she put it into the Scale, or whether I did, I cannot tell; I asked her whose it was, she said, she would go and fetch the Person that owned it; I told her, I must stop her, she gave me two or three Slaps, and tore my Shirt out of the Gathers; we followed her, and took her; when she got into London, she said, she did not value us; she abused us very much.
Prisoner. I had the Pot from a Person who came from Mr Crisp's House, and was so much in Liquor, that I could not tell what I did. Guilty 10 d.
Thomas Lee . The Day before Yesterday I had bought this Box of Daffy's Elixir, and had put it into my Boat; and going for some other Things I met the Prisoner with my Box, I asked him what he did with it, he said, a Man ordered him to take it out of the Boat - my Boat was at Coleharbour .
Henry Batt . The Prisoner desired me to take hold of the Box, while he got ashore, and when he came ashore he took it from me - he gave it me out of a Barge; the Boat was hooked to the Barge. Guilty .
Charles Coleburne . The 25th of May, early in the Morning, my Servant, Henry Merchant , came into my Chamber, at my House at Barns in Surrey, and acquainted me that my Stable had been robbed the Night before of my Saddle, and Housing, and his Livery Great-Coat; the Saddle only is found: I went to London the next Day, and advertised it and it falling into honest Hands, I heard of it again, at Mr Winthrop's, near the Corner of Hatton-Garden; he told me he bought it of one William Doleman , within two or three Doors of him; and upon sending to Mr Doleman, he told us very readily how he came by it, that he bought it of the Prisoner; the Monday following, he came to Mr Doleman, to tell him, he should soon have another Bargain for him, and was taken. Mr Standerson, the Stable-Keeper, sent to acquaint me with it; I came to Town, and saw my Saddle at Justice Poulson's; the Prisoner said, he had it of one Week's, otherwise Martin, at Wimbleton.
William Doleman . May 25, this Saddle was brought to me to be sold, and my Wife bought it at 7 s. 6 d. I am a Pawnbroker by Trade, and deal in Brokery-Goods - I should not sell the Saddle for above 10 s. 6 d. or may be 13 or 14 s. - it is not the first Saddle I have bought of the Prisoner; I took him to be a very honest Man.
Elizabeth Doleman . The Prisoner brought this Saddle to sell May 25, and asked me 10 s. for it; I bid him 7 s. for it, by my Husband's Direction; the Prisoner went, and carried it a little way, and came back again, and I gave him the other Six-pence; Silver said, he had it in part of a Debt for Horse-hire.
Mr Coleburne. I have Witnesses to prove, that he came down with it by Water from Putney, at seven o'Clock in the Morning.
Francis Hill. I came from Barn-Elms, on Wednesday Morning in Whitsun Week, and was Haling, London Hab, and the Prisoner called to me with a Saddle upon his Back; I think this is the Saddle, but cannot swear to it, it had green Girts as this has. I took him to London, and landed him at the Hermitage, about eight o'Clock in the Morning.
Prisoner. It was nine o'Clock when I went into his Boat at Putney.
Hill. I took him into the Boat at half an Hour after Six.
Richard Hussey confirmed Hill's Evidence, and said, that he offered the Saddle for Half a Guinea to a Gentleman in the Boat - He said he was a Tea Runner, that he came out of the Country, had sold his Horse and wanted to sell the Saddle; - he could not swear to the Saddle.
Richard Jones . The Prisoner said he had the Saddle of one John Martin who lives at Acton, and desired that I would go to the Cock and Crown to enquire for him, and found, that when he was in Town he lodged there, but he had been gone ever since about the third of June, and they could give no Account where he was gone; he has had two Children there, one at the Cock and Crown, the other at the White-Horse; I went to the White-Horse and heard the same: - They thought he was gone somewhere to the Sea Coast.
William Carlton . Thomas Dunbar , Dorothy Clayton, and - Reeves, gave the Prisoner the Character of a civil, honest, sober Man. Reeves said he prosessed himself to be a Sawyer , and worked in Deptford-Yard. Guilty .
361, 362. + Robert Catheral , and Jane Price , of Christ-Church, Middlesex , were indicted for stealing one Ten Gallon Vessel, value 12 d. nine Gallons of Brandy, value 22 s. - sixty Gallons of Geneva, value 6 l. five Gallons of Anniseed Water, value 12 s. - five Gallons of Mint Water, value 15 s. - five Gallons of Carraway Water, value 12 s. five Gallons of Usquebaugh, value 12 s. - two wooden Bedsteads, value 4 s. a Quilt, value 12 d. a Grate, value 2 s. - two Stools, value 6 d. a Chair, value 6 d. and a Deal Counter, value 3 s. the Goods of Mary Broad ; two Cloth Coats, and a Silk Mohair Coat, and four Perriwigs, value 40 s. the Goods of William Sergeant , in his Dwelling-House , Aug. 20 . last.
Mary Broad . I was a Prisoner in Wood-street-Compter at the Time the Things were lost. I lost two Bedsteads, a Counter, &c. as to the Liquors that were lost, I must leave that to the Witnesses. I came out of Prison the latter End of August; and in September I took the Prisoner up. - These Goods were taken out of Sergeant's House in Little-Britain : I was a Lodger there, and had the lower Apartment, and being arrested for a Debt of 12 l. - I left the Things there, - when I came out of Prison I was told that my Counter was at Catheral's House. I went and saw it there, and when I asked for my Things he said, D - n you, what are you come to rob me? I got a Search-Warrant and took the Things. - Sergeant had arrested Catheral, and Catheral had arrested him. - Sergeant let the House to Catheral after I was arrested, and had left it, and he continued in it, as I have heard about three Months, and then he went to Shoemaker-Row, and there I found the Goods. He had left the House in Little-Britain with my Things in it six Weeks, and then came and broke it open and took the Things.
Catheral. Did not I fetch you out of the Compter, was not your Name Senior?
Catheral. The Note was given in August; Did not I bail you for 12 l. - in the Name of Senior.
Broad. Yes, you did so.
Q Was he arrested for this 12 l.
Broad. I heard he was. - I could not
Susanna Groves . I have seen the Prisoner come and take down the Pins of the Window, and take the Liquor out, and he never pretended to have any Right to it; he did not live in the House at that Time - the Liquor was in the House at the Time he lived there - he had Possession of the Room, and sold Liquor there.
Catheral. I took the House of Sergeant, and was to pay 20 l. a Year; and in two Months he arrested me for 20 l.
- Gardner. The Constable: I went with a Search-Warrant to Catheral's in Shoemaker-Row, and found a Parcel of miserable Things, trifling Things; I found no Liquor there.
It not appearing to the Court to be a felonious taking, the Prisoners were Acquitted .
363. Christian Brown , of St Margaret, Westminster , was indicted for stealing one Sheet, val. 2 s. two Blankets, val. 2 s. two Pillowbiers, val. 6 d. a Grid iron, val. 6 d. and a Box-iron and Heaters, val. 12 d. &c. the Goods of Thomas Assils , in her Lodging , June 1 . And also for stealing a Copper Sauce-pan and Cover, a Brass Sauce-pan, and two Brass Candlesticks, the Goods of the said Thomas Assils ; and a Pair of Leather Breeches, a Drugget Coat, Waistcoat, and Breeches, and a Pair of Shoes, the Goods of Thomas Draper , June 1. And
Thomas Assils . Christian Brown did, in my Hearing, confess before Justice Manley, that she took all these Things. Thomas Draper is my Apprentice; the Cloaths are his; but the rest of the Things are mine: I had some of the Cloaths, and some of the other Things of Mrs Farrel; she is a Sort of a Pawnbroker; I got a Search-Warrant, and found them in her Possession; Farrel owned before the Justice that she had the Things of Brown.
Elizabeth Assils. The Prisoner Brown owned the taking of the Things to me; and that she had pawned them at Mrs Farrel's.
Christian Brown. I had a young Child sucking at my Breast; my Husband left me without a Shilling, and the want of Victuals and Drink made me do it.
Thomas Draper . I went to see my Friends, and left my Cloaths in my Room, and while I was gone I lost a Coat, Waistcoat, two Pair of Breeches, a Shirt, and a Pair of Shoes: I heard her confess at Mr Smith's, that she took the Things out of my Room.
Prisoner. I told Mrs Assils I had pawned the Things, but that I would take them out again; it was not done with any ill Design, I do assure you - I cannot say that I told her this before I had pawned them.
William White . I have known Brown twenty Years; I was born in the same Parish, and knew her during the Time she was in Service at Westminster; her Friends are very honest industrious People, and so she was; I never heard any Thing amiss of her till now: I came here by Accident; I did not know she was a Prisoner. Brown Guilty 10 d. Farrel Acquitted .
365. Joseph Ellis was indicted for wilful and corrupt Perjury, in a Cause between Thomas Skip and Ralph Harwood . on a feigned Issued directed out of Chancery into the Court of Common-Pleas, to try; two Points: first, Whether Ralph Harwood was a Bankrupt: secondly, Whether he was a Bankrupt, prior to some Judgments to his Sisters Mary and Elizabeth, which came on to be tried at Guildhall before the Lord Chief Justice Willes , on the 17th of December , in the Sixteenth Year of his present Majesty.
The Perjury assigned, was, that Ellis swore Mr Harwood was denied to Mrs Paterson (a Creditor who came to enquire for him, and said, he owed her a great deal of Money) when he was at Home.
There were several Council for the Prosecution, but none for the Prisoner. It was therefore incumbent on the Court (who are of Council for the Prisoner) to examine the Record, and there was a material Variance found between that and the Indictment;
Thomas Maccullock. On the 4th of May, I let the Prisoner a ready-furnished Lodging; there being a Paper put into the Key-hole of his Door, gave me some Suspicion; however I looked through and saw that the Glass was gone, so I got a Warrant to search: He was in the Room, but would not let me in, nor give any Answer; he attempted to jump out of the Window, but at last he opened the Door, confessed the Things were taken away, but did not say by whom.
William Spence . I knew the Things were in the Room when he took it; he was going to jump out of the Window, his Body was out, only his two Hands had hold of the Cell of the Window. I was in the Court then; he owned he took a Sauce-pan.
The Prisoner said a young Man, who had lodged with him for a Fortnight, carried off the Glass: Several People gave him a good Character. Guilty 10 d.
Mrs Waring. The Prisoner lodged in the House with me. On the 16th Instant I missed the Things, and the Prisoner perceiving me out of Humour came up to me the next Morning, and asked me, What made me so much out of Temper the Night before, I told her I had lost two laced Handkerchiefs; she bid me not be frightened, for she said, she had Occasion for a little Money, and she had pawned them; that she did it out of pure Necessity, because I was not in the Way for her to borrow any of me, and said I should have them again that Night, and desired I would not let Mr Waring know it. I said, if she would be as good as her Word I should believe her to be a very honest Woman; she did not bring them that Night, and on Tuesday Morning I missed some more Things, and then I told my Husband directly, and he got a Warrant for her. She said as she had known me so many Years she thought she could make free with me, as she designed to bring them again; and I believe she would have brought them again, if my Husband would have had Patience.
Edward Sethell . I am the Constable, that served her with the Warrant last Friday Night; her Husband was then in Custody, and was going to be carried to Prison; and that was the Cause, she said, that she did not redeem them; she is a very honest Woman. Acquitted .
The Trials being ended, the Court proceeded to give Judgment as follows.
Received Sentence of Death, 2.
Rich. Warwick, 335.
Transportation for 7 Years, 36.
* Mary Tomkins , otherwise Rosum, was committed on the 24th of April, by J. Poulson, Esq; on the Oath of Peter Comerford , on Suspicion of stealing from him Four Shillings; and was likewise detained on his Oath, on Suspicion of stealing a Watch and other Things; but was discharged at the last Sessions, the Bill being not found.
Burnt in the Hand, 2.