King's Commissions of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.
BEFORE the Right Honourable ROBERT WILLIMOTT , Esq; Lord-Mayor of the City of London, the Right Honourable the Lord Chief Justice LEE, Mr Baron REYNOLDS , Mr Serjeant URLIN, Recorder, and others 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.
461. 462. + Robert Stevens , and William Russel , of St Brides , were indicted for assaulting John Tomkins on the King's Highway, putting him in Fear, &c. and taking from him three Guineas and an half, and 2 s. the Money of the said John Tomkins , Sept. 18 .
John Tomkins . On Sunday the 18th of September last, about 11 o'Clock at Night, by Fleet-Lane, Robert Stevens , the Chimney-sweeper, came up to me first and seized me, and held me fast round the Body, while William Russel took the Money out of my Pocket; Russel run away, and then Stevens endeavoured to throw me down.
Q. Had you ever seen Stevens before?
Tomkins. He forced himself into my Company in a House, and scraped Acquaintance with me, and said he knew my Mother, and desired me to give him a Glass of Liquor; which I did.
Q. What did Russel do to you?
Tomkins. Russel put his Hand into my Pocket, and took out three Guineas and an half, and some Silver, and run away. Stevens afterwards run away, I pursued him and took him, and told him, they had got my Money; he said he had not, but he would carry me to the Person who had it; we went into George-Yard, and when I came there, Russel knocked me down; and by the Ball in George-Alley, I was knocked down again and beat, so that I could not see out of my Eyes for several Days.
Q. Had they any Weapons with them?
Tomkins. I do not know, but I received a Wound across my Hand, which seemed to be like the Cut of a Knife.
Q. How do you know these were the Persons?
Tomkins. Stevens was never out of my Sight.
Prisoners. Was not you drinking with us at a Brandy-Shop, and proposed to lay a Wager?
Tomkins. We were there, and Stevens said he was to fight one Buckhorse, a famous Fellow for fighting - I did offer to lay a Wager, and pulled all the Money I had out of my Pocket, - there was Gold and Silver, and Half-pence with the Gold. - I pulled it out to pay the Reckoning.
Q. Did not you offer to make this Matter up ?
Tomkins. I was offered Money by a certain Person to make it up, but I would not do it.
Court. Were you ever acquainted with these People before you saw them at the Brandy-Shop ?
Tomkins. Never to be acquainted with them, but I have frequently seen these Fellows about the Market, as my Mother keeps the Market.
Q. How came you by this Money?
Tomkins. I saved it up by Degrees.
Jonathan Perkins . I am a Watchman; I was going along between Rose and Crown-Court and George-Alley, and heard an Outcry, and saw the Prosecutor, who was fell down upon his Hands; and Robert Stevens , who was coming out of the Court; he got away; but with the Assistance of Young, I took him (I know nothing of the Robbery) he run away after that; and I was forced to call another Man to my Assistance, and took him again - I know nothing of Russel, only by seeing him about, and that he keeps Company with a common Woman.
William Boomer , the Constable: As I was going from Guildhall to Newgate with Stevens, he said, he was not the Man that took the Money; but, says he, I know who did; and he named one they called Doctor, who lives at Cow-Cross, and is a Butcher; so I took up this Doctor, and brought him to the Prosecutor; and the Prosecutor said, he was not the Man; on the Saturday following I took this Russel; and when the Prosecutor saw him, he owned him directly, and said, he was the Person that took the Money out of his Pocket.
Q. How came you to take him up?
Boomer. I took him by the Description of the Prosecutor; who said, he should know him again; he was looking about, and I thought that he was the Person; when I took him, he said, he could prove where he was that Night; I asked him where he lay, he said, he lay in Charter house-lane; and afterwards, he said, he lay in St Giles's; and there was a Woman, who belonged to him, said, that he lay in Goswell street.
William Monk . I was with the Constable at the taking of William Russel , one Saturday Night, in the Market; I told him, I had a strong Suspicion of his being concerned in the Robbery, on the Saturday [Sunday] Night before, he said, he could prove where he lay that Night; he said, he lay in Charter-house-lane; then, he said, he lay in St Giles's; there was a Woman, that he called his Wife, and I asked her where he lay, and, she said, he lay in Goswell-street; says I, the Woman you call your Wife, says, you lay in Goswell-street; says he, I lay in Charter-house-square; and, she said, indeed we lay in Goswell-street.
Edward Young . On Sunday was three Weeks I heard a Quarrel - I cannot say whether it was the 18th of September; I think it was on Sunday was three Weeks; hearing a Quarrel, I came out of my House; and Mr Tomkins called out Watch, and said, he was robbed; I run to his Assistance, and another Man with me; the Prosecutor seemed, in all Appearance, as if he had been fighting - I only saw Stevens at that Time; I did not see any body else.
Q. Was the Prosecutor in Liquor?
Young. I believe he had been drinking - I cannot take upon me to swear, whether he was in Liquor, or not; I was sent for to the Watch-house by the Constable (after the Prisoner was taken up) to ask me what I saw of the Matter; I acquainted him of what I have told you - they were rumbling and tumbling about - I know Stevens is a Chimney-sweeper; I know nothing of Russel.
Ruth Cotton . I heard a Cry of stop Thief, and a Call of Watch, in George-alley; I looked out of the Window, and heard a Person ask another what he made a Noise for, and struck him, and knocked him down, but I cannot tell who did it.
Samuel Orange . I had been beating the Hour of twelve in Shoe-lane, and went to the Watch house; I had not been there above two Minutes, before Stevens was brought in; An't, please you, said he, to the constable, I did not rob the Man, but I know who did; Mr Tomkins, the Prosecutor, was very much beat, and his Face manl'd - I have known him a great while; he served his Time just by our Watch-house - the Prosecutor was very sober between six and seven in the Evening; I cannot tell whether he was drunk then; when a Man is beat and abused so, one cannot tell whether he is drunk or no.
Tomkins. There is no such Tavern.
Lee. On the 18th of September Mr Tomkins came into Mr Wood's House, with a Man, which I take to be Stevens the Chimney-Sweeper, Arm in Arm, in a friendly Manner; when they came in they asked for a Dram (I am Cellar-Man to the Gentleman where Mr Wood is Clerk, and Mr Wood desires me to go behind the Counter sometimes, and serve Liquor) Stevens said, he had no Money; said Tomkins, It shall cost you nothing here, call for what you please; and they ordered a Dram of Gin; in the mean Time, came in a Man, who said, Mr Tomkins, You are the Man, who offered to fight any Man upon a publick Stage, here is a Man will fight you for a Guinea; the Man was a Stranger to me; before they came in, they had a Dispute, and Tomkins said to the Man, who came in, You pretend to fight, you know nothing of fighting; said Tomkins, I can fight upon a Stage if I please, but I do not love to expose myself; says the other, Here's a Man that shall fight you for a Guinea To-morrow; Tomkins put his
William Gordon . I have known Stevens these seven Years, he has the Character of a very honest Fellow; I asked him some Questions about the Robbery; he said, he knew nothing of the Money; he only knew that they were drunk together; I heard the Prosecutor say, that he would hold Stevens, and would not let him go; and, he says, Stevens held him.
Prosecutor. That was when I took him.
William Beddel. On Sunday the 18th of September, at Night, William Russel came Home to his Lodging at my House, in Charter-house-lane, about eleven o'Clock at Night, or it might be upwards of eleven - it might be near half an Hour after eleven; he had lodged with me between three and four Months at the Time the Robbery was committed, and behaved very well during that Time - it is about a Quarter of a Mile from George-alley to my House.
John Rippen . I am a Cordwainer, and so is Russel; I met him the 20th Day of last Month, and asked him where he was going, he said, he was going to try to get some Work; said I, William, I hear you are rich, can you afford to great me with a Pint of Bear; he said, he had not so much Money about him; I asked him to lend me a Half-penny; for, I said, I had not a Farthing in the World, but he could not; and he worked with my Master till he was taken up for this Robbery; I believe, if he had any Money he would have given me a Pint of Beer; he is a very honest Fellow; my Father has intrusted him to receive Money for him, and he never wronged him of a Farthing in his Life, that I know of; he learned his Trade of my Father - I have known him thirteen Years.
- Baxter, and - Hullony, were next Door Neighbours to Russel, have known him eight or nine Years, and never knew any Harm of him.
- Cole. I was sitting in the Parlour backward, and saw the Prisoner look into the Shop, and take this Piece of striped Cotton out of the Window.
Prisoner. Mr Cole said before the Alderman that he saw me take it?
Prisoner. My Hands were very dirty, and the Alderman said, I looked like a hard working Girl. Guilty .
When the Prisoner was going out of the Court, she said O - d - you all.
464. + Ann Clayton , of St Botolph without Aldersgate , was indicted for breaking open the Dwelling House of Henry Barlow , on the 7th of September , in the Night-time, and stealing twelve large Silver-Buttons, value 22 s. twenty-six Waistcoat ditto, value 28 s. four Silver Snuff-boxes, value 2 l. 11 s. one Snuff-box, value 8 s. four Silver-Spoons, value 40 s. four Tea-Spoons, value 8 s. a half Pint Silver Mug, value 2 l. 11 s. one Silver Waiter, value 35 s. and four Corals, with Silver Sockets and Bells, value 30 s. the Goods of Henry Barlow .
Henry Barlow . I live at the Blackmoor's-Head in Barbican: my House was broke open September the 7th, at Night; it was fast about ten o'Clock, when I went to Bed; there was a Piece of the Shutter of the Shop taken out by the Help of a Knife and a Gimblet, as I suppose, by the Appearance of it; the Hole was big enough to put an Arm through; the Plate that I lost stood within reach of that Hole, and must be taken out that way: The Prisoner pledged with Mr Kay a Snuff-Box, a Coral, and a Tea Spoon: On Friday September 9. I advertised them; and Mr Kay came to me, and told me, he found by an Advertisement, that I had lost such and such Things; showed them to me, and asked me if they were mine, and I said they were; these are part of them.
Prisoner. How can you swear to those Things which have no Mark upon them.
William Kay . These Things were brought to me by the Prisoner on the 8th of September, with a Callimanco Petticoat; and I lent her 25 s. upon them all; an Advertisement coming out, I looked over my Day Book, to see if I had taken in such Things, and I found that I had; I went to Mr Barlow, and told him, there was a Woman had brought to my House yesterday a Snuff-Box, a Corral, and a Spoon; says he. There's no particular Mark upon them, but I believe if I was to see them I should know them; I showed them to him, and he said, they were his; and desired me, if the Woman came again to stop her, which I promised I would; I had not been at Home above an Hour and an half before the Woman came again to take these Things out from the Petticoat, but I refused it; and asked her how she came by them; she said she had bought them in the Neighbourhood, and made some little Sort of a Motion to go. I said I would stop the Things and enquire about it; she said I need not go, for she had actually bought them. and that she bought them in Turnmill-street. I said it was very odd that she should buy such Things as these in the Street, (as she deals in old Cloaths she might have bought a Petticoat in the Street,) but she still continued in the Story, that she bought them of a Man in the Street; but she would have gone away, and have left them in my Possession: She said she had them weighed, but could give no Account of the Weight, and that she gave 19 s. for them, which I suppose she thought might be about 5 s. per Ounce. I took her to be a very different Woman from what I find her to be, for I have known her a great many Years.
Prisoner. I bought them very innocently; he looked like a decent creditable looking Man, and said his Wife was dead, and he had a Mind to sell them. I bought them at a fair Market Price; he asked me a Guinea for them, and I gave him nineteen Shillings.
Elizabeth Turner . I was going out to washing, and coming along Turnmill-Street, I met the Prisoner, and a Man came up to her and asked her where there was a Pawnbroker's: She said there was one here and one there, and told him, if he had got any thing to sell she would buy them; he asked her 20 s. for the Snuff-Box and Coral, and she bid him 19 s. and she pulled off her Petticoat and pawned it with these Things to raise the Money to pay for them. - I think it was the 8th of this Month, it was the first Day of the Borough Fair; - she knew me an Infant.
Susannah Cartwright . On the 8th of September, I happened to meet the Prisoner, says she, Sut, will you go to see the Borough Fair? Says I, I will go To-morrow, but I cannot go To-day; we sat down at the Door of a Publick-House, I think it is the Sign of the Trumpet or Horn, and a decent looking Sort of a Man, pretty well dressed, came to her and said, Mistress can you tell me where there is a Pawnbroker's Shop; says she, here's one here, and another there. She said if he had got any thing to sell, she would buy it; so he pulled out a Snuff-Box and a Coral, and said his Wife was dead, and he had a Mind to dispose of them; says she, Sue, here's a Coral it will serve for my Child when I lie in; I
- Hornblower. I have known her thirty Years; she is a Person of a very good Character; I know her to be a very honest Woman.
Peter Davis , Mary Jones , Sarah Jones , and two other Witnesses gave her the Character of an honest Woman: One of them had known her thirty Years, and another said he had trusted her with Cloth to sell, that he could not sell in his Shop, and she always paid him very honestly. Acquitted .
Jacob Diass , On Saturday the 4th of October, about five o'Clock in the Afternoon, as I was going along by St Paul's, I felt a Motion at my Pocket, I immediately clapp'd my Hand to my Right Pocket, and found that my Handkerchief was gone; I turned to the Left, and saw the Prisoner standing with my Handkerchief hanging out at the Breast of his Coat. - I took particular Notice of him; he is very remarkable because he has but one Hand; he begged to be released; the Boys would have pumped him, but I think this is the best Way to get rid of these Fellows who insest the Streets.
John Hotchkis . I was going along with Mr Diass, and saw him take the Handkerchief from the Prisoner; Mr Diass went to give him a Blow with his Stick; he ran away but was soon taken; he fell down on his Knees, and begged to be released, but I advis'd Mr Diass to charge a Constable with him. - I believe this to be the Handkerchief.
Prisoner. I was passing by the Gentleman, and he gave me a Blow over the Head; it is very strange that a Man should pick a Pocket who has but one Hand. Guilty 10 d .
Elizabeth Rickaby . I lost a Pair of Sheets off my Bed last Thursday Evening; I left a young Woman to take Care of the House while I went out, and when I came Home I missed the Sheets; the young Woman said, no body had been in the House since I went out, and I fancy the Person that took them must come in at the Garret Window .
Martha Selby . The 6th of this Instant the Prisoner came to Mrs Lee, to sell a Pair of Sheets; she said it was for a poor Woman that was really in Necessity, but my Mistress did not care to buy them; then she said she must pawn them, and my Mistress desired me to go and pawn them; I went in a good-natured Way, and was stopped with them.
Sarah Lee . The Prisoner brought the Sheets to me to sell; I told her, I did not want any; she said she did it for a poor Woman in Necessity, and must pawn them if she could not sell them, and she could trust me better than any body. I told her I never went to pawn any Thing, but I would send my Servant; my Servant went with them, and was stopped; I kept the Prisoner till I got a Warrant and secured her.
John Darnel . On the 16th of September, I had a Horse stole out of Hackney-Marsh, and I found the Horse in Smithfield, in Mr Orr's Man's Hand, leading him to be sold; he was in the Marsh the 14th, between five and six in the Evening; Mr Orr said before my Lord Mayor that he bought him at his own House for 50 s. that he was brought to his House on Wednesday the 14th, but that he would not buy him till next Day.
Q. Have you any Person to the Fact?
Darnel. I can bring half the Parish if you please.
Prisoner. I deal in Hay and Straw, &c. and live in Whitechapel; a Man brought the Horse to me and asked me if I could help him to a Chap to sell it, and he should be obliged to me; I said if he came to me To-morrow I would either buy him or help him to a Chap for it; it was an old Thing worth about 50 s. I bid him put him into the Stable among the rest of the Horses; which he did, and he came again the next Morning, and then I cheapned him before Mr Sweeting, at the Red Cow, and some other Persons. I paid the Fellow 50 s.
Richard Alexander . The Prisoner keeps the Elephant and Castle in Whitechapel; I have a House in that Yard, and as I came out on Thursday in the Morning, I saw Mr Orr buy this Horse, and pay the Man 50 s. for him; he sent him to Smithfield on Friday, and offered him to be sold for 3 l. 10 s.
- Askew. I live at the George in Smithfield; Mr Orr has the Character of a very honest Man; I believe there are a great many Innkeepers would have appeared to his Character if he had desired them; any Person may happen to buy a Horse that is stole if he is never so careful. Acquitted .
468. + Abraham Pass , of St Bennet Gracechurch , was indicted, for that he on the 28th of July , about the Hour of One in the Night, did break and enter the Dwelling of Thomas Beate and John Dawson , and stole from thence 250 Ells of Linnen Cloth, val. 8 l. their Property.
Thomas Beate . On the 28th of July last, our House was broke open by the taking up of a Plank which goes down into the Cellar; the Prisoner confessed it was between twelve and two; - I found it out by the Watchman who came and told me that the Cellar was broke open, and that they had taken the Prisoner with some of the Goods which are mentioned in the Indictment. I saw the Cellar fastened, as usual over Night; they got in by slipping back a Plank, so as to put in an Iron Crow to raise it up, - it was 12 o'Clock the Day following before I heard of it, and by the Description which the Prisoner gave the Watchmen of the Place, I thought it must be my House; there were five Pieces of Oznaburgh stole, and two Pieces of Fear Nothings; these three Pieces of Oznaburghs are my Goods, the rest I have not heard of.
Patrick Ewin . I am a Watchman in Aldgate Ward's; I thought I heard two Men quarrelling; they proved to be Jews, I thought their Language was quarelling. I saw the Prisoner with two of these, Pieces upon his Back in a Sack, and his own Garters tied round it; and the other walked Cheek by Jole along with him; He dropped the Goods, and endeavoured to get off, but I secured him, and brought him to the Watch-house; I run after the other but could not overtake him; says I, If he has got such a Load as this upon his Back he cannot run away with it, and at Surgeon Sharpe 's Door I found another Piece; (that Night he wanted to send for a Man who lives in Rosemary-Lane, that buys stolen Goods) said I, You Rascal, I have got another Piece that your Comrade had. - He said they pushed with their Feet against the Cellar-Door, and then wrenched it open; he sent for another Jew to be an Interpreter, and he directed us to the Place where he took them from; said he, You know where you took me? Yes, said I, Why then, said he, turn down by the End of the Street, and there's a Court with an Alehouse in it, there I got them; I went to Mr Beate's House in Talbot-Court, and told him he was robbed; robbed, said he, and laughed at me; but when he came to look into the Warehouse he found he had been robbed: The Prisoner owned that was the the third Time they had robbed that Gentleman in that Cellar; Mr Beate desired me to go into the Cellar; I went down and saw a great many Pieces of the same sort of Goods, and I told him what I took from the Prisoner were the same Sort, with the same Mark; and when he shewed us how they got in, we found it to be very easy to get in.
Prisoner. I am a Stranger in England; I do not know the Name of the Court, nor the Name of the Street; how can they swear this?
Ewin. He said they should have got 50 l. worth of Goods that Night, if I had not seen them.
Q. Was the Plank fast or loose the next Morning?
Beate. The Plank was laid down in such a Manner that by shoving it they could take it up, and they might lay it down again with Ease. - The Plank, and the Place it was fastened to, were worn away; I did not know it could be so easily moved, or I would have taken Care to have prevented them. Guilty , * Death .
* The Prisoner was Evidence last September against Richard Clay who was Acquitted. See Sessions Paper. Fol. 229. Trial 383. He had made a Confession of at least twenty Robberies which he had committed in Company with Richard Clay , and one Mackay; in eight or nine of which Clay was concerned. He gave a particular Account of the Persons who committed each Robbery; for Persons robbed. the Time when, the Goods stolen, to whom sold, and for what Price.
Thomas Oakes was indicted for stealing a Silver Tea Spoon, value 1 s. 3 d. and one Guinea , the Property of James Allen , Sept. 14 .
It appeared, that the Spoon Mr Allen lost was marked, and that the Spoon that was stopped had no Mark. Acquitted .
John Blackford . I left my Frock and Waistcoat in my Room, hanging upon a Pin, when I went out; and about eight or nine o'Clock I missed it - it was up three Pair of Stairs; and I believe the Person that took it, must come in at the Window, by a Leaden Gutter - I never saw the Prisoner before he was taken.
Joseph Hudder . Sept. 28 about eight o'Clock in the Evening, the Prisoner pledged this Coat with me; I asked him whose it was, he said, it was his own; said I, it is too big for you; and, he said, he bought it second Hand in Monmouth-street; I showed it to Mr Blackford; he suspected the Prisoner, as coming after a young Man that lodged in the House. Guilty .
John Spire . About three Weeks ago I stopped the Prisoner at Kensington; said I, Willis, where is Capt. Clayton's Pistol; he said, he knew nothing of it; I told him, I knew he had the Pistol; and I would either have it, or secure him; at last, he owned. he had pledged it at the Three Balls in Drury-lane for half a Guinea; and he redeemed it.
Prisoner. When I met him, I told him I was going to redeem the Pistol; and that the Maid Betty had given it me to pawn.
Spire. I never asked him how he came by it.
Capt. Clayton's Maid Servant. We had some Workmen at the House, and the Prisoner used to come in, and talk to them; Margaret Barnard , a Woman that he keeps Company with, told me, he had the Pistol, which put me into a great Fright: I had suspected the Prisoner before, because he was absent for two or three Days; I did not miss the Pistol till two or three Days after it was gone; it was stole out of the Kitchen or the Pantry - I did not let him have it to pawn. Guilty .
473. Thomas Lewis , of St Martin in the Fields , was indicted for stealing a Table-cloth, value 3 s. a Shift, value 4 s. and a Pair of Cambrick Shift Sleeves, value 4 s. the Goods of William Dawson , Sept. 23 .
Ann Dawson . On Friday the 23d of September. I went out; and when I came Home, about seven o'Clock next Day, I was told, that Lewis had been in the House two or three Times, and had broke open the Door, and my Drawers, and took out a Diaper Table-cloth fringed, which cost me a great deal of Money; I lost that and the other Things.
Prisoner. I had a Warrant to take up the Prosecutrix, and one Longstaff, a Fellow that she keeps Company with; this shows the Maliciousness of the Prosecution; she lives in a little Alley in the Strand, and was at the Alehouse over-against her House; did not you come into the Alehouse, and abuse me, that Day you say these Things were lost? This Woman lodged in my House about six or seven Years ago; did not you?
Q. Did you lodge in his House about six or seven Years ago?
Prisoner. She went to Justice Frasier to swear this Robbery against me, and he would not take her Oath, he found her in so many Stories.
Prisoner. The other Witnesses are all her Lodgers, they are all common Women of the Town.
Mary Fitzmorris . On Friday before Michaelmas-Day, I came Home a little before nine at Night; and I was desired to keep up till such Time as Mrs Dawson came Home, that I might not be confined, because the Prisoner had a Warrant againstAnn Dawson 's. and I went into the inner Room on the Ground-floor, to hide myself - I did not see him; I was told, he pretended to come with a Constable; and came in a very vile Manner, and swore he would have me; he b roke open the Chamber door on the Ground floor, and then he broke open the Drawers, and took out something - I saw a sringed Table-cloth under his Coat - he did not look for me when he came into the Room, but went directly to the Drawers, and broke them open.
Q. Did he think you were hid in the Drawers?
Fitzmorris. I cannot tell that.
Q. If he had looked about the Room might he have found you?
Fitzmorris. Yes, he might have found me; I was hid behind the Curtain - I had lived with Mrs Dawson about a Month - when he had got the Table-cloth he went away directly; I did not see him take any thing else.
Jury. What had he to break open the Drawers with?
Fitzmorris. The Drawers were all locked, and the Key was in one of the Drawers.
Q. Then he might have opened the Drawers with the Key; did he break them open?
Fitzmorris. He broke them open, because the Key was broke.
Jury. Did he break open the Door of the Room?
Fitzmorris. Yes - the Door was broke open, for I had locked myself in, but how he did it I cannot tell.
Q. Did you see him come in?
Fitzmorris. I did not see him at all - I did not see him that Night.
Prisoner. She said, she was behind the Curtain, and that she did not see me; and yet, she says, she saw me take out the Table-cloth; I had the Constable with me then.
Fitzmorris. The Constable was not there at all.
Ann Williams . I never saw the Prisoner in my Life before he came into the House that Night, this was about eleven o'Clock, and the second Time of his coming; the first Time he came was about nine o'Clock, he came and asked for the Gentlewoman of the House, Mrs Dawson; he cursed and swore greatly, and bid me get out of the House; he came again in half an Hour's Time, and came in, in the same Manner; he said, there was a young Woman in the House which he had a Warrant for; that he was sure she was in the House, and he swore he would have her out; he said, he was sure she was in that Room, and broke the Door open, and went in there, and then broke open the Drawers.
Q. Was you in the Room with him?
Williams. No; no-body but the young Woman, who was behind the Curtain; I saw him, as he was going away, with the Fringe of the Tablecloth hanging out of his Pocket - I did not see the Constable near the House; the first Time you came, there was a tall Man in a Snuff coloured Coat with you; but the next Time you had no body at all with you - it was the Friday before Michael mas-Day - I am Mrs Dawson's Servant - I never spoke to you in my Life before that Night; only I have heard the Neighbours say what Sort of a person you are - it was the Chamber-door you broke open - I need not tell you what Time it was, for certainly you must know that.
Sarah Howard . The Prisoner came into Mrs Dawson's, in Bennet's Court in the Strand, with a great many Oaths and Curses in his Mouth, and asked for Mrs Dawson, but she was not at Home; he said, he came after another young Woman, and pretended to be a Constable, and said, he must see the young Woman; I saw him break the Door open, but I did not see him take any Thing out of the Drawers.
Prisoner. Was there any talk of the Door being broke open, when we were before the Justice? There was no talk of any such thing then.
Howard. I said the same then as I do now; I insisted upon it then, that the Door was broke open.
Prisoner. Please to see this Warrant; this is a Warrant that I had to take up the Prosecutrix; this is a very malicious Prosecution.
Justice Deveil's Clerk deposed, that this was a Warrant granted by the Justice; Middlesex, &c. these are to command you, and every of you, to bring before me, or some other of His Majesty's Justices of the Peace, the Bodies of John Longstaff , and Ann Dawson , otherwise Ford, otherwise Haynes, for assaulting Thomas Lewis , and knocking him down, by which he lost a Guinea and five Shillings, Signed, &c. Guilty .
Thomas Averil . There was a Coat brought to George Gray to mend, the Prisoner had been at the Globe Alehouse in Crutebed-Fryars that Morning; I believe an Hour; Wood said, he believed the Man had stole his coat; I pursued the Prisoner, and
475. Patrick Kelly , of St Giles in the Fields , was indicted for stealing five Sheets, value 20 s. two Blankets, value 4 s. an Apron, value 1 s. a Waistcoat, value 1 s. and a Pair of Pattins ; the Goods of Thomas Williams , August 15 , to which Indictment he pleaded * Guilty .
* The Prisoner said, I am Guilty to be sure; I would not for the World say backwards and forwards; I I have been twenty Years in Misery, and I want to be hanged; one of the Jury said, he believed he was crazy; for, he bad observed him, these twelve Months, walk up and down the Streets, like a Person out of his Senses.
476. + Thomas Kill , of Chelsea , was indicted, for that he not having God before his Eyes, &c. on the 6th of October, in the 17th Year of his present Majesty . upon Elizabeth, the Wife of John Berry , did feloniously make an Assault; and her, the said Elizabeth, against her Will, did ravish, and carnally know against the Peace of the King, &c. and against the Form of the Statute, &c .
Elizabeth Berry . On Thursday Sev'nnight, at Night, I went out of my own House just after the Clock struck nine, to see for my Husband; and I found him at one Rowland Jackson 's, at the Turnpike, in the King's Road at Chelsea - my Husband is a Labourer in Chelsea, he has been a good Husband; he had another Man drinking with him; I staid about a Quarter of an Hour; they had a full Pot of Beer before them; but when I came away, there was not above a Quarter of a Pint in it; and, he said, he would come presently - I saw he was a little in Liquor: When I came to the White Stiles, facing Burton's Court, it was very dark - (I believe it was then half an Hour after nine) I found that my Husband, who I expected to go with me, did not follow me (for he turned down from me into Chelsea-Common, being in Liquor). I heard the Tread of Feet, and thought it was my Husband; and my Spade-Bitch was with me; I found him lying upon the Ground, and he was so suddled, that he could not get up; I saw a Light coming over the Common from the Sign of the Cow and the Two Calves; and when the Man came near me, I asked him if he would be so kind as to help my Husband up, and try to get him Home; with that, the Man with the Light came to help my Husband up; and the Prisoner was with him; they hope my Husband up, as they said; and they said, he could not stand; and I believe he could not; the Man said, If you will not go Home with your Wife, lie there, and be d - d; and the Man went away with the Light, and the Prisoner with him; I went a little Distance from my Husband, and thought he would come after me; I took his Hat and Wig off, thinking he would be cold, and follow me; he not coming, I went back again; but he was not in the Place where I left him; he was moved farther; with that I saw a Light by the Sign of the Cow and the Two Calves; I went thither, and then the Light was out; so I did not knock, but came back again, and was going Home; when I was got about half way over the Common; the Prisoner came up, and laid hold of my Shoulder; with that I was surprized (I had got my great Spade-Bitch with me) says he, Have you found the Man on the Common? Is he gone Home? With that, I said, What makes you ask that Question; said he, By Reason I do ask you the Question; then, said I, If you do ask me the Question, I will not resolve you; with that, he said, I should go no further; said I, Why shall I not go any further? He said, You shall go no further, you shall stop here, for you want a Bed fellow; and I'll be your Bedfellow; I said, I do not want a Bedfellow; yes, you do, said he, and you shall not go any further; he said, if you make any Noise. I will knock you down; said I, but you shall not, Fellow; you had better be quiet, for I know you; though I did not, for I had never seen him before in my Life; with that he got fast hold of me, and said. D - n you for a Newgate Bitch, do you know me? With that he strove to get me down, and struck me on the Side of the Head; I got fast hold of his Coat, and his Shirt, with that he shoved me, and did all he could to get me down, and then struck me on the other Side of the Head; I kept hold of him, so that his Shirt and Coat tore with my holding him, with which my Hand gave way; with that he put his Feet some how or other to my Heel, and got me down; then I cried out Murder; he said, it I cried out Murder again, he would cut my Throat; said I For God's
Q. What do you mean by lying with you?
Elizabeth Berry . I mean that he had carnal Knowledge of me - he forced me; I held out against him, till I had no Strength in me - he pulled my Legs open with his Hands [there being a little Laugh about the Court, she said] I knew these Things before I came here; I expected to be laughed at, but it is not a laughing Matter - he abused me till I was so saint that I could speak no longer, and then he had his Will of me for a great while; I am sure I thought it so - he had not done with me, in that way, I believe for the Space of half an Hour.
Q. Had he his private Parts in your's?
Berry. Yes, he had - not for all that Time - he had to do with me twice; I thought he had done with me the first Time, but he had not - I believe it was half an Hour both Times put together - I cried out, and struggled all I could; for I thought, at that Time, of Mr Smith, who was murdered in the Five Fields - it is a large Common that goes into the King's Road near Chelsea Common.
Q. Are there any Houses near the Place where he did this?
Berry. There's the Cow and the Two Calves.
Q. How far is it from that? Is it a hundred Yards?
Berry. Yes, a great deal more than that - I do not think it was above a Quarter of a Mile - as near as I can guess, it was between ten and eleven o'Clock.
Jury. It is a very bye Common; there's a Foot Path cross it; but very few People care to go that way.
Berry. It was as dark a Night, I think, as ever I saw from Heaven.
Q. How did you part afterwards?
Berry. I said, you have used me very barbarously; I hope as it is so late you will see me a little Way over the Common; with that he said, I would see you over the Common, if I thought you would not raise any body upon me, or below me; he said it was his Way home; with that I told him I would not; Said he, How shall I take your Word for that; says he, You are going to betray me: I said no, I will not, as you have done such an Action as this, and as I have Children of my own, I would not have the Thing known.
Q. You say he had carnal Knowledge of you, where you sensible of any Thing coming from him?
Berry. Yes, there did. - Moreover, some People said the Prisoner was not a clean Man, - I hope I shall not find it so; we came together over the Common as far as the Fighting Cicks, and there was a Light up Stairs as if they were going to Bed; the Gate was fastened up or else I would have apprehended him there; then I came over by the Chesnut-Tree-Walk, by the White Stiles, and Burton's-Court was locked up; said he, I doubt you are going to have me apprehended; Where do you live? I told him my House was on the far Side of the five Fields, (which is a great Way off my House) then he was very well contented to go along with me. They were all in Bed at the seven Houses: I passed by Mr Desborough's the Constable, and they were in Bed.
Q. What did he say to you after he had done what he did to you?
Berry. After I got off the Bed -
Q. Off the Bed!
Berry. Off the Ground; then he said, Now let me see what Money you have got, I told him I had none; said he, Let me feel, with that he did feel in this Pocket I have on now; says he, There is none in this Pocket sure enough; said he, let me feel in the other Pocket, I said, I never wore but one Pocket. (To return to the Story,) After I passed by Mr Desborough's, I turned to my own Door and gave a Rap; my Daughter was in Bed and thought it had been her Father and me, so she came down in her Shift and open'd the Door; when the Door was opened he stepped just within the Threshold; Oh, says he, there's a Spinning-Wheel; I then shut the Door in order to keep him in; there are two Bolts and a Lock to the Door which I fastened, and set my Back against the Door; said he, What am I come here for, I said I will tell you presently what you came here for, and I called out for Mr Tovey, a Man that lives in the House; Mr Tovey put on his Cloaths as fast as he could, and came down; says Tovey, What does this Fillow do here; I told Mr Tovey how he had used me, and desired him to go for Mr Desborough the Constable; Mr Tovey had not
Q. When was it you sent for the Constable?
Berry. I went for the Constable, but he did not come that Night; he was in Bed and said he could not get up, and could not find the Key of the Cage; afterwards Mr Tovey went for the Constable, and left my Husband and I with the Prisoner; - my Daughter was in Bed; and he told Mr Tovey he could not come till Morning.
Q. Who was with you when you made him sit down in the Chair?
Berry. My Daughter, who is 21 Years of Age, and Mr Tovey: As soon as he saw that we would send for a Constable, he down'd on his Knees over and over, and begg'd us to let him go, and offered to make Satisfaction. I told him before my Husband and Mr Tovey, what he had done; he at first denied it, but he afterwards owned that he had done the Thing. - He owned he had Knowledge of me, that he felt in my Pocket, and that he would have robbed me if I had any Money. - I never saw him before he committed the Fact, and he owned that he never saw me before. I asked him his Name as I was coming Home, and he said his Name was Johnson. He owned before Mr Dunmore the Brewer - or Malster; I cannot tell which he is, he lives hard by Chelsea, and before Mr Gill the Apothecary, that he had done the Thing.
Jury. Was you by when he owned it to Dunmore, and the other?
Berry. No, I was not.
Council. Did not you ask the Prisoner to go Home with you?
Berry. No, I did not.
Council. What; did not you say just now that you did?
Berry. I asked him to go Home in order to get him secured. - I did not ask him before he had done the Thing - I had not been drinking with the Prisoner. - I was very sober.
Council. You say the Prisoner was apprehensive you were going to apprehend him; how came he to go home with you after he had that Mistrust?
Berry. Because I desired him to see me Home, and I told him I lived by the five Fields, tho' I did not live there.
Council. I think you said the Bitch was always ready to assist you if you cried out; how came this Bitch to let this Man do all this to you?
Berry. She used to assist me, but the Prisoner had worked at one Douse's a Basket-Maker's, and the Dog used to lie at the Door, and I believe she knew the Prisoner's Voice, for we lived that Way about a Quarter of a Year ago; I think he must know the Bitch because she did not fly upon him.
Council. How long might he be penetrating your Body?
Berry. Longer than I desired, as I told you before.
Council. What did he penetrate it with?
Berry. With what other People do, and with what you do other People with.
Council. How long was he in you the first Time?
Berry. I told you half an Hour in all; how long Time would you have had me have said?
Q. After he had done the first Time; how did he get you down again?
Berry. I never was up; he would not let me get up; he said he had not done with me.
Q. I ask you, how long did he lie with you the first Time, when he first penetrated your Body?
Berry. I believe about a Quarter of an Hour. - I do not know whether he called to the Bitch or no.
Q. You seem to be a stout strong Woman and kept him for some time in your House by yourself, how long did you keep him there?
Berry. No longer than the Time that Tovey was putting his Cloths on?
Q. Was it owing to your Fear or what, that you submitted to him so as to let him be Master of you for half an Hour together?
Berry. I did not submit at all, for when he pulled me open by Violence, I had not Power to resist. - I do not know where the Prisoner lives any otherwise, than that he is a Basket-Maker, and works with Mr Sadler; Mr Sadler said if I would take Half a Guinea, he would give it me to make it up.
John Tovey . As near as I can guess, between twelve and one o'Clock, Mrs Berry's Daughter called me out of my Bed, and said, For God's-Sake come down, for here is a Man threatens to cut my Mother's Throat; when I came down Mrs Berry said, Mr Tovey, this Fellow has abused me very much, and I desire you would lend us your Assistance to keep him till we can charge a Constable with him. Mrs Berry would have gone for a Constable, but I did
Q. Did she charge him with any particular Matter?
Tovey . She said he had lain with her twice by Force, or against her Will, or something like that.
Q. Before you came down was the Woman's Husband with her?
Tovey. He really was with her. - I never saw the Prisoner to my Knowledge before that Night. I know nothing of his Character; I have heard of his Name, and where he worked.
John Berry . It is true enough (as my Wife says) that I was suddled; I was so suddled that I could not stand, and my Wife took my Hat and Wig off; the Prisoner and another Man came over the Common, and the Man said, if I would not go home with my Wife I might lie there and be d - n'd; at last I fell asleep, and slept till twelve o'Clock or thereabout, and when I came Home I found the Prisoner and my Wife within my own Door; says she, This Man has forced me against my Will, and has ruin'd me; said I, I am sorry to hear that, I wish I had gone Home at first if that's the Story; - She said he had lain with her twice, till she had hardly any Breath in her Body; said I, are you not a vile Rogue to do so? - He said he could not deny but he did it, and dropped down on his Knees and asked Pardon; I told him, Fellow, you have done enough to bang you, and when you have done that to be betrayed Home by the Woman! you foolish ignorant Blockhead. I said his asking Pardon would not do now, for he should be brought to Justice. - I did tell him he had ruined my Wife; said I, Are you a clean Man; he said he was.
Q. Have you found that he was not?
Berry. I dare not come there yet for Fear.
Council. Don't you apprehend your Wife to be given to be in Liquor?
Berry. She will scold a little now and then, that is nothing at all to the Purpose. - I cannot say but she may drink too much; - I have been married to her 32 Years.
Prisoner. An't please you my Lord, Mrs Berry asked me to go Home with her; said she, young Man, do go along with me over the Common to look for my Husband, and I will treat you with any Thing if you will go along with me; which I did, and she persuaded me to go Home to her House. - I never did any such Thing to her, nor nothing like it; I am as innocent of it as the Child unborn.
George Davis . Mr Berry did send a Person from Mr Hopkins's, who lives over-against me in Petty-France, Westminster, to acquaint me that he wanted to speak with me; he made great Complaints of his Wife, and said she was a terrible drunken Creature, and he wanted to consine her, that he was an unfortunate poor Man, and had an unfortunate Wife. He said, when she is drunk she is in such Fits that I am afraid she will do me a Mischief some Time or other. - I keep a House to cure Lunaticks, - I pay 60 l. a Year Rent. Says he, if you will take her into you House she may make you a good Servant; I said, I will have nothing to do with such a Creature, I will not take her into my House. - She is very bad as to drinking, I cannot say what she is as to any Thing else.
Thomas Hopkins . I know the Prosecutrix very well; her Husband was a Coachman and lived at Chelsea, and kept the Stage, but what with her drinking and going to Law, I believe brought him very low; that she used to get drunk and abuse him, and he has said he could not go home with Safety for her - I take her to be a Person that is not to be credited, I would not believe any thing she say. I keep the Black Horse Inn, in Petty-France, Westminster.
John Figg . Mrs Berry's Character is, that she is a vile, fottish, drunken Woman, and a great lieprobate; I have heard her Husband upbraid with whoring and drinking. - I would not hang a Dog upon her Evidence.
Q. What is he as to his Modesty, or Immedesty?
Sadler. I never found him immodest in my I have three or four Daughters at Home, and some of them marriageable; and if I thought he was given that Way he should not come into my House. I would trust my own Daughter with him, and if he was at Liberty I would employ him again.
Council. There is a Reflection cast upon you that you should offer the Prosecutrix a Consideration to make this Affair up; did you make any such Offer?
Sadler. I did offer half a Guinea Yesterday; and To-day they would have taken it, but it was too
Martha Cufford , (called by the Prosecutrix) I have known Mrs Berry about 13 Years, and I never heard any thing amiss of her: I have often employed her, and her Husband; they were always very honest People. - I do not know that she is given to drinking - I have heard some People say so as they do now, but I never found her so. Acquitted .
477. + Christopher Smith * of St Martin in the Fields , was indicted for stealing a Silk Purse, value 1 s. and six Guineas and a Half, and eight Shillings the Property of James Fitzgerald , Esq; in the Dwelling-House of Augustine Copenal , September 16 .
* The Prisoner was not only a Stranger to our Laws but our Language: On his Arraigment, Mr Lebat, (one of the Jury) interpreted to him the Indictment, and asked him if he was Guilty or not: He then acknowledged the Fact; the Court however did not record the Plea, but ordered him to be inform'd that the Consequence of his owning the Charge would be his suffering Death, but if he denied it, and the Prosecutors failed in their Proof, he would be Acquitted; he was therefore induced to plead Not Guilty. He was then acquainted that he had a Right to insist on half the Jury to be Aliens; he was indifferent as to that as he knew no body, but at last desired it; and accordingly on his Trial, Raptale Jurquet, Nicholas Winchins , Lewis Lawrence , James Roboquet , Robert Vandervil , and James Emon , with fix of the other Pannci, were sworn on the Jury. And Mr Clenard was sworn to interpret between the Court, and the Prisoner.
James Fitzgerald . On the 16th of September I lost six Guineas and an Half, and eight Shillings; the Money was in a Purse; I lodged in Mr Copenal's House in Suffolk Street, and the Prisoner lodged in the same House. - I had no other Reason to suspect the Prisoner than the Money being found in the Bag of his Wig, in his Room, and in my Purse; I had a Piece of Rhubath in my Purse, and I am sensible this is the same Piece which I had in my Purse; here are six Guineas, an Half, and eight Shillings, and a Farthing, which were all in this Purse when I left it.
Prisoner. They found in my Room just so much Money as the Gentleman says.
The Prisoner being asked what he had to say for himself; he said it was Necessity that obliged him to take this Money in order to pay his Landlord that he owed some Money to, for Fear he should not be able to get out of the Country; that he is a Stranger here, and knows no body.
Mr Copenal. The Prisoner was recommended to me by a Person in Holland for a Lodger. I never heard he had any Business here; he has been with me these eight Weeks all but two Days. I took him for a Gentleman, and he has had his Living with me all the Time.
- Hughes. I had a Warrant brought me by Mr Fitzgerald to search Mr Copenal's House for some Money that he had lost, and I found this Wig hanging up against the Wall in the Prisoner's Room, and in the Bag of the Wig was this Purse, with six Guineas, and an Half, and eight Shillings in Silver.
Q. Did you ever see the Prisoner wear this Wig?
Copenal. I cannot say that I ever saw him wear a Bag-Wig, I have seen this Wig in his Room, to the best of my Knowledge it does not belong to any body else, for no body went into his Room that I know of. Guilty, Death .The Jury said, that as the Evidence was positive as to the Specifick Money in the Purse, they could not lessen the Value, but recommended him to the Court as an Object of Mercy; as the Prosecutor likewise did .
The Prosecutor not appearing the Prisoner was Acquitted .
479, 480. Roger Dennis was indicted for stealing twenty Pounds weight of Iron, value 20 d. the Goods of the Mayor and Commonalty of the City of London ; and Mary Hurst for receiving the same knowing it to be stole , Sept. 9 .
Dennis. I gave it to this Woman to carry over to the Lodge.
- Long. Upon Friday Sept. 9, I was at Robert Walton 's in Fleet-lane; and the Prisoner, Mary Hurst , came in to sell this Iron, it weighed twenty-one Pound; she offered it for a Penny per Pound: and Walton agreed with her for three Farthings per Pound, and she sold the whole for 16 d. I asked her how she came by it (here are three large Bolts, three Nuts, and three large Spikes) she said, a Workman gave it to her to sell, and said, it was his Perquisites; that she was to have no Share in it; I told her, I had Authority to know, and would know how she came by it; and then, she said, if I would go with her, she would show me how she came by it; then Walton said, Give me the Money again, I do not know how you came by it; I will have nothing to do with it; I will not have any Trouble about it; she said, one Dennis gave it to her to sell, and if I would go with her she would show me the Man; I asked Dennis if he gave the Woman this Iron to sell, and he said, he did; I asked him how he came by it, he said honestly; I went over to the Lodge, and showed it to Mr Townsend, and asked him if he knew it; he said, it belonged to the Portcullises of the Window, on the Debtors Side; Dennis owned, a second Time, that he gave it Hurst to dispose of; I asked him how she was to dispose of it; he said, he did not care how; I went to the Place where I apprehended it was taken from, and put the Bolts into the Holes, and the Nuts upon them, and called Dennis, and asked him if he took them out there, and he said, yes; I asked him how he got them out, he said, he knocked them off with a Hammer; I asked him what made him take them out, he said, he did it to louse himself; for the Bars were so thick, and the Place so dark, that he could not see to louse himself.
Prisoner Dennis. All the whole Ward took them down; they were all concerned in it.
Mary Hurst . Dennis gave me these to dispose of, and I did not know but they were his, and thought he would give me a Penny for my Trouble: About twelve Months ago, when my Husband was a Prisoner there, we hindered the Goal from being broke twice, and were offered five Pounds to help them to break the Goal; and I sent a Letter to Mr Akerman, to give him Notice of it.
Mr Akerman being called, said, that about a Twelve-month ago, when her Husband was a Prisoner there, she did give him some Information, from her Husband, of such a Design, and believes that the Goal was prevented from being broke by that Means; and being asked how Dennis behaved, he said, he could not say that he behaved amiss. Dennis Guilty , Hurst Acquitted .
481. + , of St Andrew Holbourn , Labourer , was indicted for feloniously and fraudulently making, forging, and counterfeiting, and causing to be made, forged, and counterfeited, a certain Promissory Note for twenty Pounds; with intent to defraud Mr John Wayne : He was also charged with uttering and publishing the same, knowing it to be false, forged, and counterfeited.
It appeared, upon the Evidence, that Mr Thomas Wayne , had a Letter from his Father, the said John Wayne , directing him to pay to the Prisoner's Brother 20 l. and to take his Note of Hand for it; that the said J - W - came to his Chambers, on the 6th of September; said his Name was W - , and asked if he had not Orders to pay him 20 l. Mr Wayne said, he had; whereupon the Prisoner wrote the Note in Question, and signed it with his Brother's Name; and Mr Wayne then paid him the Money. Mr Lewis Russel , happening to be in the Chambers, and being afterwards informed by Mr Wayne of what had passed, said, he was sure that was not the Person he pretended to be; upon which a Warrant was taken out, and the Prisoner found and apprehended.
On being carried before Justice Frasier, he acknowledged the Receipt of the Money, and that the Note was of his Hand-writing, but insisted he was the identical Person, whose Name was to the Note; and said, that he was known very well to be so; upon this he was committed for further Examination; and he afterwards acknowledged his Name was J - W - , but it appearing to the Jury, that the Note was credited by the Prisoner's Brother, and ordered to be paid by him; and the Intention
482. + Elizabeth Shudrick , of Harefield , single Woman , was indicted, for that she, on the 28th of August , in the 17th Year of his present Majesty, being big with a Female Child; on the said 28th of August, she, the said Female Child, by the Providence of God, privately and secretly, did bring forth alive, which said Female Child, by the Laws of this Land is a Bastard; and that she, the said Elizabeth Shudrick , not having God before her Eyes, &c. afterwards, to wit, on the said 28th of August, the said Female Bastard Child, feloniously, wilfully, and of her Malice aforethought, in both her Hands did take, the said Child being alive, her Hands about the Neck of the said Child being fixed, she, the said Elizabeth Shudrick , the said Child did choak, and strangle, by Means of which choaking and strangling, the said Child instantly died; and that she, the said Elizabeth Shudrick , the said Female Bastard Child did kill and murder .
She was a second Time charged on the Coroner's Inquest for the said Murder.
Joseph Ives . The Neighbours knowing that the Prisoner had a Child; and the Child not being to be found, they thought she had made away with it; so we took her up; and then, she owned, that she had the Child dead in the House; she would have had the Neighbours have gone to have seen it, but they were afraid to go after the Child was dead - I believe the Child had been dead about a Fortnight; she had buried the Child under the Bed; it had been buried a Fortnight before any Body knew of it - she had scratched a Hole, and put the Child into it - it is an earthen Floor - she pulled it out from under the Bed.
John Warren . (The Constable) I was ordered by the Church-Warden to take the Prisoner up, which I did, and carried her to Uxbridge; when she was examined about it; she said, she had the Child at Home; and that it was on the off Side of the Bed; I went with her Home, and she took the Child out.
Q. Was the Child put in the Ground?
Warren. Not in the Ground that I saw; she pulled the Child out from behind the Bed; I never saw the Child alive - it had been dead a Fortnight.
Q. Did you see any Marks of Violence upon the Child?
Warren. I did not see any Marks of Violence; there could be no Marks of Violence to be seen, it had been dead so long.
Q How do you know she has had a Child lately?
Christwood. She looked as if she was with Child, and I do suppose she had a Child; after she had been at Uxbridge, she owned it, but not before; she said, she had put it on the off Side of her Bed; I saw the Child after it was found - I did not make any Observations on the Body - I did not see any Marks of Violence.
Jury. Did the Prisoner say the Child died a natural Death, or what did she say?
Christwood She did not say any Thing about that.
Q. Was it at its full Growth?
Christwood. I do not know.
Q. During the Time she was with Child, did she say she was with Child?
Christwood I never heard her say she was - she was not a Servant; she lived with her Mother, a Widow Woman, at Harefield.
Sarah Webster . I know the Prisoner had a Child about five or six Weeks ago; the Child was carried to Uxbridge before the Justices, and brought Home again and buried; I saw it after it was carried to Uxbridge - I knew she was with Child before she was delivered; I have taxed her with it, but she denied it.
William Mellish . (Surgeon) I was called before the Bench of Justices at Uxbridge, the Day the Prisoner was before them; and I saw her, with the Child in her Lap; it was a Female Child - it had been dead about a Fortnight; it smelt very strong.
Q. Was the Child at its full Growth?
Mellish. Yes, my Lord, she had gone her full Time.
Q. Were there any Marks of Violence upon the Child?
Mellish. The Head appeared black and livid, the Face looked as if some Body had sat their Feet upon it, or sat down upon it; the Nose was flat.
Q. Can you tell whether you can be at any Certainty whether the Child was born dead or alive?
Mellish. I cannot be certain of that; there is an Experiment to be made, by taking out the Lungs, and putting them into Water, to see whether they will sink or swim; but I apprehend the Lungs of this Child were so putrified, that it would not have been a just Trial.
Mellish. She did produce such a Parcel of Childbed-Linnen as those are, before the Bench of Justices.
Jury. Is her Mother living?
Prisoner. My Mother is living, but she is not here.
Q. Can't you show that you did not conceal the Death of this Child? *
* Tis thought Cases of this Kind would not so frequently occur at the Old-Bailey, if the Law were more generally known, viz. 21 Jac. I. c. 27. ''Whereas many lewd Women that have been delivered of '' Bastard Children, to avoid their Shame, and to escape Punishment, do secretly bury, or conceal the '' Death of their Child, and after, if the Child be found dead, the said Women do alledge that the said '' Child was born dead; whereas it falleth out sometimes, although hardly it is to be proved, that the '' said Child or Children were murdered by the said Women, their lewd Mothers, or by their Assent, '' or Procurement.
'' For the preventing therefore of this great Mischief, Be it Enacted by the Authority of this present '' Parliament, That if any Woman, after one Month next ensuing the End of this Session of Parliament, '' be delivered of any Issue of her Body, Male or Female, which being born alive, should by the Laws '' of this Realm be a Bastard, and that she endeavour privately, either by drowning, or secret burying '' thereof, or any other Way, either by herself, or the procuring of others, so to conceal the Death thereof, '' as that it may not come to light, whether it were born alive, or not, but he concealed: In '' such Case, the said Mother so offending, shall suffer Death as in the Case of Murder, except such '' Mother can make Proof by one Witness at the least, that the Child, (whose Death was by her so intended '' to be concealed) was born dead.''
Prisoner. No body was with me when the Child was born; it was in the Night in my Mother's House, but she was not at Home.
Elizabeth Christwood . The Prisoner has a Child of five Years old last Valentine's-Day, and no Woman could ever be fonder of a Child than she is of that; this Childbed-Linnen was prepared beforehand, and was shown before the Justices.
Prisoner. I am 27 Years of Age. Acquitted .
On the Coroner's Inquisition, the Jury found that the Child was Still-born.
483. + Mary Wilson , of St Giles in the Fields , (together with Ann Barnet , not taken) was indicted for stealing a Sheet, value 10 s. a Holland Apron, value 18 d. a Hat, value 18 d. a Cloth Coat, value 20 s. a Silver Tea-Spoon, value 18 d. six Holland Shirts, value 20 s. five Sheets, value 10 s. and five Shillings in Money; the Goods and Money of Onesiphorus Parrot ; and a Silk Handkerchief, value 8 d. the Goods of John Berry , in the Dwelling-House of Onesiphorus Parrot , Sept. 7 .
Mary Parrot . I keep a Chandler s-Shop in Newtner's-Lane ; the Prisoner Mary Wilson , and Ann Barnet , lodged in my House; on the 7th of September, about eleven o'Clock at Night, when they came Home, they wanted some small Beer - they came Home both together; I desired them to go to Bed; but I could not get them to go to Bed; they insisted upon it, that they would not go to Bed that Night, and they did not go to Bed; I catched the Prisoner at the Till, in the Shop, over Night, and I missed the Things in the Morning; there were ten Pounds worth of Things gone, but I only charged them with these; a Sheet, an Apron, a Hat, a Cloth Coat, a Silver Tea-Spoon, six Holland Shirts, five Shirts, and five Shillings in Money: The Constable has a Shift, which was taken off the Prisoner's Back. When the Prisoner was in the Shop, at the Till, I asked her what she was doing there; she said, she was only looking into the Till; I believe I missed eight Shillings, but I only charged her with five Shillings; she said Ann Barnet did it; there were found upon the Prisoner the Silk Handkerchief, a Shift, and an Holland Apron; she confessed she took them.
Q What did you say to her, did you promise her any thing if she would confess.
Parrot. I told her I would not prosecute her, if she would confess; but she would not; I lost Abundance more Things, but there's enough of it; I have said enough.
Mary White . I took the Handkerchief, the Apron, and the Shift. off the Prisoner; when I took them off, she said, she would give me a Shilling, if I would say nothing to Mrs Parrot; when she offered me the Shilling, I told her, I would not be bribed by a Thief; for if God did not send
Prisoner. I did not say I would give her a Shilling.
Q. Did she offer you a Shilling not to speak of it?
White. She did not offer me a Shilling, but she promised me one.
Richard Oake . I had a Warrant to take the Prisoner into Custody; these are the Things I found upon her; she owned this to be Mrs Parrot's Shift; but, she said, she had it from the other Person, Ann Barnet .
Prisoner. I went to Bed at eleven o'Clock, and Ann Barnet did not come Home till two, and she gave me these Things; I did not know but they were her own; I saw no Money, nor never was nigh the Till. Mrs Parrot was very much in Liquor, and I left her asleep when I went to Bed. Guilty 10 d .
484. Joseph Joyner was indicted for stealing 20 Pound weight of small Rope, value 4 s. 6 d. the Goods of Thomas Hall , James Pearce , Sir John Chapman , John Hanbury , John Tomlinson , Valens Comyns , Onesiphorus Tindall , Richard Taunton , John Rooke , John Turner , Eliachim Palmer , Joseph Croucher , Robert Hoblin , James Thorbalds , Thomas Shuttleworth , William Bedford , [ Mr Bowler , and others]
Thomas Lewis . On the 6th of September, between ten and twelve in the Day-Time, the Prisoner came with his Boat under the Stern of the Winchelsea Privateer, commanded by Capt. John Gerald ; I am Lieutenant of her; and I saw the Rope put out of the Ship into his Boat; and he took it into his Boat, and covered it with a Cloak, there were only his Wife and him in the Boat; I took it out of his Boat afterwards - it belongs to the Owners of the Ship; I said to him, Friend, you have some Rope belonging to the ship; he delivered it very readily, but desired not to be carried before a Justice.
Prisoner. The Rope was tossed into my Boat; I knew nothing at all of it; I said, Gentlemen, here's some Rope tossed into my Boat, pray come and take it out.
Prisoner. When I called to the Gentlemen to come, and take away the Rope, which was thrown into my Boat; they jumped into my Boat, and said, Aye Damn you, so we will, and we will bring you to Justice.
James Barret . I am an Officer in the Ship; I was told, that there was a Bum-Boat under the Stern; I saw the Prisoner place himself in a Posture, as if he was to receive something; and the Rope was thrown out of the Ship to him; said I, You Rascal, I see you; I was surprized at the Thing, because there were fifty People there, at the same Time; and the King's Officers werethere; the Prisoner whipt it outof his own B at, and threw it into the King's Boat; and I took it out of the King's Boat, and put it again into his Boat, and carried him to Capt. Gerald; the Prisoner said, he would have me whip him, or jerk him, or something of that kind, and let him go; but, I said, I would not consent to any thing, till I brought him to Capt. Gerald.
Jury. I desire to know whether you ever found out who were his Confederates on board the Privateer?
Lewis. I cannot tell who were his Accomplices, there were forty or fifty Men on Board.
Jury. I would ask you whether, when you called to him, that he seemed make off, or not?
Lewis. Yes, he moved the Boat off - he did not at that Time say, that it was thrown into his Boat. Guilty .
Thomas Borwick . The Prisoners and I agreed for some hundred Weight of broken Glass Bottles; they came to take them away, and I missed seven Bottles of Cherry-Brandy. - I missed them before the Prisoners went away, and sent for a Marshal's Man to take them up; there were three of them; one of whom made himself an Evidence, but I have not seen him since; they had a Boat which lay at Whitehall-Stairs, which they carried the Glass to; there was eleven or twelve Hundred Weight; but they had not taken it all away, when I missed the Cherry-Brandy. They took it away by a Bag at a Time, of about an Hundred Weight. While they were carrying the Glass away I missed some Bottles of Cherry-Brandy, and I found two in the Boat, and another in the Bag, which they had not taken away.
Prisoner Dixon. I never was out of the Prosecutor's House all the Time, I was all the Time in the Cellar.
Borwick. I believe he was not out of the House all the Time for he held the Bag, and he that made himself an Evidence filled the Bag.
Richard Hawkins . I have known Jenkins these 12 Months; he bears a very good Character. I would not desire to bear a better; he was a Dray-Man to Mr Thrale the Brewer; he left off that Business because he broke his Leg; he was not turned away for any Fault. - He bears as good a Character as any Man in the World.
Q. What Reason had you to suspect the Prisoner?
Hales. Upon the Account of his being idle, and not minding his Business; I charged him with it, and threatened him, that I would take him up, if he would not tell me what he done with the Spoon; and then, he said, he had pawned it at Mr Norwood's; but that he found it in the Dust-Basket; the Spoon is not marked; I told the Justice, I could not positively swear to it; I have the Weight of the Spoon in my Pocket, which I had from the Person I bought it of, and it answers to the Weight of this Spoon - my Wife concealed this Affair from me, for about three Weeks - the Prisoner had, at my Wife's Request, removed three Baskets of Ashes out of the House, in which, he said, he found it.
Thomas Grubb . On the second of September, the Prisoner brought this Spoon to my Master's to pawn; the Prosecutor came, and enquired after a Spoon, which the Prisoner had brought to pawn, and said, the Spoon was his: my Master said, if he would swear the Spoon to be his, he should have it; he said, he believed it to be his, but could not swear to it; because it had no Mark upon it. Acquitted .
John Neaves. I took this Waistcoat in from the Prisoner, on the 7th of September; he pledged it in the Name of John Kennedy , and took a Guinea upon it; he told me, he dealt in old Cloaths; and that he pledged it for 2 Friend of his; the Prosecutor came along with the Prisoner to me for it.
Prisoner. I did apply to Mr Burke's Brother, to borrow a Guinea; and he gave me this Waistcoat to pawn, in order to get the Guinea; and I gave the Guinea to the Prosecutor's Wife; Mr Burke saw me give the Guinea to his Wife.
Q. Did you see him give a Guinea to your Wife ?
Burke. I saw the Prisoner give a Guinea to my Wife, but I did not think that it had been my Waistcoat that he had got the Guinea for. Acquitted .
Loth Leader. The Prisoner lived with me from November till February 7, and since he has been gone from me, I took up another Servant for robbing me; and he confessed, the Prisoner assisted him in robbing me; I took up the Prisoner, and he confessed, that they had robbed me of three Gallons of Gin; and that he, and the other, had sold it, and divided the Money between them; I take it the Thing was done in this Manner; suppose a Woman sends for a Gallon of Gin, they took it in a two Gallon Runlet, which they filled, delivered the Gallon to her, and sold the rest.
- Hill. Mr Leader came to me, and said, I must take up his Man Jemmy (that is, Jemmy Blank) and when I took him up, he owned, he had robbed Mr Leader; said Mr Leader, Was William Worgan over concerned with you? He said, Yes; that when they carried Gin to Owen's, they took two Gallons instead of one, and sold the other, and divided the Money between them - I am positive, he owned, that he did it three Times.
Loth Leader. I had been collecting Money from Persons whom I deal with, and coming up Cloth-Fair I met the Prisoner with something upon his Back, which I perceived to be a Bottle which was full; I asked him where he was going? he said he was going to carry it to one Owen's in Long-Lane; and I found afterwards that he sold that Brandy for 2 s. which cost me 4 s. 6 d. or upwards. Owen and his Family are since gone off; he confess'd that he had taken the Brandy and sold it, and that he took the Bottle filled with Brandy four Times, I know the Bottle very well; I catched him on the Wednesday, and the Tuesday following I took him up.
Prisoner. It was no more than that one Time that my Master catched me, and he sent me about my Business.
- Hill. On the 14th of Sept. Mr Leader sent for me and told me, I must take up the Prisoner, for he had been a vile Rogue to him. When I took him, I said, Jemmy, how can you be such a Rogue to rob so good a Master as you have; and Mr Leader said to him, how often have you done this, and he said only the Time that you catched me, and afterwards he said he went another Time; Mr Leader said, tell me the Truth, or it shall be the worse for you, and then he said he had filled the Bottle four times and sold it for 2 s. a Bottle. Then he asked him whether he had ever sold any Cags, and he confessed that he had taken twelve two Gallon Cags, and sold them.
Q. How came you not to mention this?
Leader. He had lived with me a great many Years, and I did not care to carry the Thing farther than what was necessary. Guilty 10 d .
He was likewise indicted on the Statute of Stabbing by the Name of William Chetwynd, of the Parish of St Ann Westminster, in the County of Middlesex , Gent. for that he not having God before his Eyes , &c. on the 26th Day of September , in the 17th Year of His Majesty's Reign, with Force and Arms, in the said Parish, and the said County, in and upon Thomas Ricketts , in the Peace of God and our Lord the King then and there being, feloniously did make an Assault; and with a certain Knife made of Iron and Steel, of the Value of Six pence, which he, the said William Chetwynd , then and there had, and held in his Left-Hand, him, the said Thomas Ricketts , in and upon the right Side of the Belly, of him the said Thomas, below the Navel of him the said Thomas, then and there feloniously, and in the Fury of his Mind, did strike and stab (he the said Thomas Ricketts then and there not having any Weapon drawn, nor the said Thomas Ricketts then and there having first stricken the said William Chetwynd ) and that the said William Chetwynd , with the Knife aforesaid, did then and there give to the said Thomas Ricketts in and upon the Right-Side of the Belly of him, the said Thomas, below the Navel of him the said Thomas, one mortal Wound, of the Breadth of half an Inch, and of the Depth of three Inches, of which mortal Wound the said Thomas, at the Parish aforesaid, and County aforesaid, from the said 26th Day of September until the 29th Day of the said Month of September, did languish, and languishing did live; upon which said 29th Day of September, the aforesaid Thomas Ricketts , in the said Parish, and the said County, of the said mortal Wound did die; and so the Jurors aforesaid do say, that the aforesaid William Chetwynd the aforesaid Thomas Ricketts feloniously, and in the Fury of his Mind, did kill and slay, against the Peace of our Lord the King, his Crown and Dignity.
The Council for the Prisoner desired, that as the Prisoner had the Misfortune to be extremely deaf, he might have the Liberty of standing at the inner Bar, which the Court readily granted.
The Council for the Prosecution * having opened the several Indictments; and set forth the Circumstances relating to the Fact; they proceeded to examine their Witnesses.
were of Council for the Crown.
were of Council for the Prisoner. *
Hamilton. Yes, I am.
Counc. Was you boarded there last September?
Counc. Was the Prisoner at the Bar at Board there then?
Hamilton. Yes, I was present when the Prisoner and Mr Ricketts were together in the Room.
Hamilton. It was on the 26th of September.
Counc. Who was in the Room when you went in?
Counc. What was the Conversation turning upon? What were they talking about, when you came into the Room?
Hamilton. Mr Chetwynd had got some Cake. and Mr Thomas Ricketts desired Mr Chetwynd to give him a Piece of his Cake; Chetwynd denied it him; I asked him for a Piece, and he likewise denied it me.
Counc. What happened then?
Hamilton. Hannah Humphreys came into the Room about that Time. Mr Chetwynd took the Cake, and cut a Piece off, and laid the Piece upon the Bureau, and locked the other up; with that Mr Ricketts came and took the Piece of Cake off the Bureau; Mr Chetwynd asked him for it; and Mr Ricketts laughing, went up to the Maid, and told her, he had taken a Piece of Mr Chetwynd's Cake; with that, Mr Chetwynd came up to him, and demanded it of him again.
Council. Did Mr Ricketts deliver it to him again?
Council. Did Mr Ricketts refuse to deliver it?
Hamilton. Mr Ricketts did not refuse to deliver it.
Council. What Answer did Mr Ricketts give Mr Chetwynd, when he asked him for the Cake again?
Hamilton. He gave him no Answer, but continued laughing.
Council. You mean he was laughing with you, not laughing at the Prisoner.
Prisoner's Coun. That's nice indeed!
Prosecutor's Council. What happened next after this?
Hamilton. After Mr Chetwynd demanded the Cake, and Mr Ricketts giving him no Answer, he struck him immediately with the Knife, which he had in his Hand.
Counc. Was it back handed?
Hamilton. It was back-handed.
Jury. I desire he may speak a little louder; was Ricketts behind him when he struck him with the Knife?
Hamilton. Mr Rickett's Side was to Mr Chetwynd's. - He was standing by his Side.
Counc. How near were you to them.
Hamilton. Not very near.
Counc. Where did you stand?
Hamilton. I stood a little Way before them.
Counc. Where was this Blow given?
Hamilton. Just here about upon the Side, (pointing to the Right-Side of the Belly).
Counc. Did you see him pull the Knife out.
Hamilton. I did not see him pull it out.
Counc. How do you know it was a Knife that he struck him with?
Hamilton. Because it was the same Knife that he cut the Cake with.
Counc. What followed upon that?
Hamilton. Mr Ricketts cried out he was afraid he was stabbed.
Counc. Did Mr Ricketts fall down?
Hamilton. No; he laid his Hand upon his Side, and said he was stabbed.
Counc. What sort of a Room is it?
Hamilton. It is a pretty large Room.
Counc. What Part of the Room did the Scrutore stand in?
Hamilton. It stood in the Corner of the Room by the Window; the Window and the Scrutore were on the same Side.
Counc. What Kind of a Knife was this?
Hamilton. It was a Sort of a French Knife.
Counc. Was it a Penknife? Or what Knife was it?
Hamilton. It was a pretty large Knife.
Counc. Was it a Clasp Knife? Hamilton. Yes.
Court. Did you see Chetwynd cut the Piece of Cake? Hamilton. No.
Court. Did you see the Deceased take it away?
Court. Did Chetwynd see him take it away?
Hamilton. I cannot tell that.
The Council for the Prosecution having done with this Witness, he was examined on Behalf of the Prisoner.
Pris. Council. Mr Hamilton, if I understand you right, the Deceased and you asked Mr Chetwynd for a Piece of Cake, and Chetwynd refused it?
Counc. So he was not willing to give either of you any?
Hamilton. No, he was not.
Counc. I think you said Mr Chetwynd took the Knife out of his Pocket ?
Hamilton. I said he cut a Piece of Cake; I did not say he took the Knife out of his Pocket.
Counc. I think it was a Cake that they call a Simnel; was it not?
Hamilton. Yes, it was.
Counc. I think they are very hard, with a Crust on the outside, and difficult to be cut?
Counc. Then that may possibly require more Strength than he had in one Hand, to cut it; he cut it down did not her
Hamilton. I did not see him cut it.
Counc. You said he took his Knife and cut it?
Hamilton. Yes, he did cut it.
Counc. Then tell me whether or no, (I am sure I will do fairly, God forbid that I should do otherwise) Mr Chetwynd did not refuse to give any of the Cake to Mr Ricketts?
Hamilton. Yes, he did use it.
Counc. Who did he cut the Cake for? Was it not for himself?
Hamilton. I believe it was.
Counc. Then he did not cut it for any body else; I think you told, he laughingly told the Maid he had got it?
Counc. And upon that, Mr Chetwynd demanded it from him again, and he laughed, but did not deliver it.
Hamilton. He made him no Answer, but did not deliver it.
Counc. Did he ask him to give it him again before this unhappy Accident happened?
Hamilton. Yes, he did.
Counc. Pray tell me whether he did not besides his Laughing, endeavour to keep the Cake from him?
Hamilton. I did not observe that.
Counc. Please to tell me, whether as you were School fellows together; you were not all good Friends?
Hamilton. Yes, we were.
Counc. Which of the two was biggest.
Hamilton. Ricketts was larger than Chetwynd.
Counc. I am obliged to the Gentlemen on the other Side, for intiating that Mr Chetwynd gave Mr Ricketts a Piece of Cake before, I would ask you whether Mr Chetwynd did not give Mr Ricketts a Piece that Morning?
Hamilton. I heard he did.
Counc. How long was that before this Thing happened?
Hamilton. I don't know how long it was. This happen'd about One o'Clock.
Counc. When this unfortunate Thing happened what did Mr Chetwynd say immediately upon it?
Hamilton. Really, I do not know.
Counc. I think, Sir, you were telling the Court of a French Knife; I own I don't know what they are; but the Question I would ask you, is, whether most of you young Gentlemen do not carry these Knives in your Pockets?
Hamilton. I have heard so; it was a Knife that he always had.
Counc. And I suppose many of you had such Knives?
Hamilton. I cannot tell, as to that, Sir.
Counc. I am obliged to you for the Candour you have used in your Evidence I have no more Questions to ask you.
Court. Can you recollect, how these young Gentlemen lived together, whether there was any Will between them, or whether they lived in friendly Manner?
Hamilton. I think they lived as the other Scholars did.
Court. Do you apprehend there was any Malice between them?
Hamilton. I never knew of any Malice between them.
Court. How did the young Gentleman behave after he had given that Wound?
Hamilton. I did not see him afterwards.
Court. How old are you?
Malcher. I am thirteen next January?
The Court asked Malcher what he thought would become of him, if he did not speak the Truth; to which, he replied, he should be unhappy everlasting.
Counc. Were you present at this unhappy Affair ?
Counc. Then give us an Account of what you heard, and what you saw?
Malcher. Mr Ricketts asked Mr Chetwynd for a Piece of his Cake, and Mr Chetwynd gave him a Piece; he asked him for another Piece, and he refused it him.
Counc. How long was that after he had given him the first Piece?
Malcher. It was about a Quarter of an Hour; and after he had refused it him, he went out of the Room, with the Cake under his Arm, and then came into the Room again.
Counc. What Room was it?
Malcher. It was the Room where Mr Chetwynd lay.
Counc. What Room did he go into, when he went out of his own Room, after his refusing him the Cake ?
Malcher. He did not go into any Room; he only went out of the Room to the Head of the Stair-Case, and then came in again.
Counc. Did he open the Bureau then, or was it open before?
Counc. You say he had the Cake with him?
Counc. What did he cut it upon?
Malcher. He cut it upon the Bureau.
Counc. You say he cut a Piece, what did he do with it?
Malcher. He laid it down upon the Bureau, and Ricketts came and took it - snatched it away.
Counc. Did Chetwynd see him take it away?
Malcher. I cannot tell whether he did or no.
Court. How did Chetwynd stand?
Malcher. He had his Back to Ricketts.
Court. Where did the Cake lie?
Malcher. The Cake was before Chetwynd, and Ricketts put his Hand beside him, and took it away, and then he went to the Window.
Counc. Where did he carry it?
Malcher. He went to the second Window with it.
Counc. How far was that from the Bureau?
Malcher. I believe about a Yard.
Counc. What did he do after that?
Malcher Mr Chetwynd came and stabbed him.
Counc. In how long Time was that after he took the Cake?
Malcher. I believe it was a Minute.
Counc. Was it so long as a Minute?
Malcher. I do not know whether it was quite so long as a Minute, or not, it was but a very little Time.
Counc. Did Chetwynd ask for his Cake?
Malcher. I was not near enough to hear it; I was at my Box, at the other End of the Room.
Counc. Is it a small Room?
Malcher. It is not a very large Room?
Counc. What happened after that?
Malcher. Mr Richetts told the Maid he was stabbed, and then he went down Stairs.
Counc. What did she say?
Malcher. She said, he was stabbed.
Counc. What was said or done afterwards?
Malcher. Really I don't know.
Counc. Had Ricketts any Thing in his Hand?
Malcher. He had nothing in his Hand that I saw; nor said any thing to provoke him, as I heard.
[ Cross Examination by the Prisoner's Council.]
Counc. You was present at the Beginning of this Transaction, was you not?
Counc. Was you present before Mr Hamilton came up?
Malcher. Yes, Sir.
Counc. When Mr Ricketts had the Piece of Cake given him, that was before Mr Hamilton came up, was it not?
Malcher. Mr Hamilton did not see him give it him.
Counc. They were good Friends before this, were they not?
Malcher. I think so, they used to be so.
Counc. When Ricketts asked him for the second Piece of Cake, was not he teazing of him?
Malcher. No, he teazed him about the first; and then he went out of the Room, and Ricketts followed him.
Counc. You say, Mr. Chetwynd carried the Cake under his Arm out of the Room, and Ricketts followed him; and then Chetwynd came into the Room again, and Ricketts followed him still, did not he?
Counc. Then he came to his Bureau, Ricketts following of him still?
Malcher. Yes; and then I saw Mr Ricketts take the Piece of Cake up, which Mr Chetwynd had laid upon his Bureau.
Counc. Then Mr Chetwynd turned about to ask for his Cake again?
Malcher. I did not hear him ask for it.
Counc. He went after him, did not he?
Counc. Was it not for his Cake?
Malcher. I cannot tell.
Counc. Did Ricketts shove him?
Malcher. Not that I saw.
Counc. When Ricketts took the Cake from Chetwynd, had Chetwynd his Back towards him?
Counc. Did Ricketts reach over his Shoulder, or take it under his Arm?
Malcher. He went under his Arm, and took the Cake.
Counc. Did he touch him?
Malcher. I cannot tell that.
Counc. You say immediately upon that he went to the Window, how far was that from the Bureau?
Malcher. About a Yard or two.
Counc. Pray, now, when Chetwynd went to cut the Cake (you were there all the while) did Ricketts offer to assist him in it? Did he offer to lend him a Knife?
Malcher. Yes, he did, and had it open.
Counc. What did Chetwynd say then?
Malcher. Chetwynd said, he had a Knife of his own.
Counc. Pray, had Ricketts a Knife in his Hand?
Pros. Counc. I should be glad to know whether he did not put that Knife into his Pocket again?
Malcher. I do not know that he did.
Counc. Here is a Question misunderstood I believe, did the Knife that you speak of belong to Mr Chetwynd, or to Mr Ricketts?
Malcher. The Knife belonged to Mr Ricketts.
Pris. Counc. That's a fair Answer to the Question.
Court. Ricketts's Knife was opened before Chetwynd's; were both the Knives open at the Time this unhappy Accident happened?
Malcher. Mr Chetwynd's Knife was not opened when Mr Ricketts offered him his Knife; but he refused it, and said he had one of his own.
Court. Was Rickett's Knife open then?
Court. Were they both open when the Accident happend?
Malcher. No. Ricketts's was clasped, and put into his Pocket, on Mr. Chetwynd's refusing it, and before the Cake was cut and put upon the Bureau.
Court. Then you saw him clasp his Knife when Chetwynd refused it, and put it into his Pocket?
Court. And this was before this Wound was given?
Prof. Counc. Was it before the Cake was cut and laid upon the Bureau?
Malcher. Yes, it was.
Counc. Pray give us an Account what you know of this unhappy Affair.
Humphreys. The young Gentlemen were in the Dining-Room, and I was in the next Room; I heard a Noise, upon which I went into the Dining-Room and asked them what they did there, and what was the Matter they were not in their own Rooms; Mr Ricketts made Answer, that he wanted a Piece of Cake of Mr Chetwynd; I said to Mr. Ricketts, have not you had a Piece; he said No, and smiled. I looked at Mr. Ricketts, and said, I believed he had had some, for he had some Crumbs of Cake upon his Lips; Mr Ricketts smiled again, and said, he wanted another Piece, or a bigger Piece.
Counc. Where was Mr Chetwynd then?
Humphreys. Mr Chetwynd at that Time was at his own Bureau, cutting his Cake.
Counc. How far was Mr Ricketts off the Bureau?
Humphreys. He was as near as I can guess about two Yards from the Bureau; Mr Ricketts went up to the Bureau to Mr Chetwynd, and Mr Chetwynd lifts up his Arms, and says, Don't Mr Ricketts, and Mr Ricketts then took the Cake.
Court. Mention in what Manner he took it.
Humphreys. I think, to the best of my Knowledge it was over Mr Chetwynd's Shoulder.
Counc. Where did you stand at that Time?
Humphreys. I stood at the Corner of the middle Window, and Mr Ricketts almost faced me, not quite, but was a little Sideways of me.
Court. Had Mr Ricketts the Cake in his Hand?
Humphreys. He had the Cake in his Hand.
Court. How far were you off the Bureau then?
Humphreys. I was then from the Bureau about three Yards, and Mr Ricketts came up to me, and said, Hannah, I have got some Cake. (I had a Stocking in my Hand which I was darning.) Upon, Mr Ricketts's saying he had got some Cake, Mr Chetwynd came from his Bureau, to my Right-Hand, and in a very short Time Mr. Ricketts said, Hannah, Mr Chetwynd has stabbed me. I looked at him.
Pros. Counc. Did you see Mr Chetwynd come from the Bureau?
Counc. Where did Mr. Ricketts stand?
Humphreys. Mr Ricketts stood just by me.
Counc. Now tell us whether you saw this Stab given?
Humphreys. I did not see it given.
Counc. Did you observe that Mr Ricketts had any Thing in his Hand?
Humphreys. He had nothing in his Hand but a Bit of Cake.
Counc. Did you observe that Mr Ricketts had struck Mr Chetwynd?
Humphreys. No, he had not struck him, and was not seemingly in any Anger.
Counc. You say that at this Time Mr Chetwynd came up and stabbed Mr Ricketts.
Pris. Counc. No, that is not right.
Court. She said Mr. Ricketts told her so.
Pris. Counc. I don't doubt your Candour, but you are mistaken in the Evidence; repeat it again.
Humphreys. I saw Mr. Ricketts come from the Scrutore, and he said, Mr. Chetwynd has stabbed me. Says I, Mr Ricketts you joke; Mr Ricketts had put his Hand to his Side: I bid him take his Hand away, and then I saw a little Blood; Mr Chetwynd, said I, You have done very well; Mr Chetwynd said, Hannah, if I have hurt him, I am sorry for it.
Pros. Counc. Did you observe who were in the Room?
Humphreys. I saw Mr. Hamilton, Mr. Ricketts, and Mr. Chetwynd.
Humphreys. I did not hear him.
Counc. What became of Mr Chetwynd after that? where did he go?
Humphreys. He went out of the Room.
Counc. How long did he continue in the House?
Humphreys. He continued in the House till Tuesday Morning.
Counc. That was the next Morning; did he give any Notice of his going away?
Humphreys. I cannot tell that.
[ Council for the Prisoner on the Cross Examination. ]
Counc. Tell us where this Room was, where you heard the Noise before you went to them?
Humphreys. It was on the same Floor.
Counc. Did you hear any rustling of Feet, or only their Tongues?
Humphreys. It was only their Tongues; it is my customary Way when I hear any Noise among the young Gentlemen to go to them, in order to persuade them to be quite.
Counc. Where was Mr Chetwynd when you came into the Room?
Humphreys. Mr Chetwynd was at his Bureau, and Mr Ricketts was standing in the Room, and he said he wanted a Piece of Cake of Mr Chetwynd.
Counc. Was this Mr Ricketts's Room?
Humphreys. No, Mr Ricketts had a Room up another Pair of Stairs.
Counc. Then he was got into Mr Chetwynd's Room, which was the Occasion of your asking him what he did there?
Humphreys. Yes. 'Twas the Room where Mr Chetwynd lay; he had not a Room to himself.
Counc. Was there any Conversation about the Cake, or any asking for Cake before you went into the Room?
Humphreys. I don't know, he only said he wanted another Piece of Mr Chetwynd's Cake.
Counc. Was Mr Chetwynd's Back toward you?
Counc. Then consequently it must be so to Mr Ricketts ?
Humphreys. Yes. - Mr Chetwynd put out his Arms a little to keep Ricketts from the Cake. It was but a very little way thus, extending his Arms a little from his Body, and raising them up, and Mr Chetwynd said, Don't Mr Ricketts.
Counc. Did you observe Mr Ricketts then offer to take the Cake, or to touch Mr Chetwynd ?
Humphreys. I only observed him to take the Cake.
Counc. But did you see him touch him?
Humphreys. I did not see him touch him.
Counc. That is very odd, because putting out his Arm, and saying don't shews as if he had done something?
Humphreys. He might touch his Cloaths, when he took away the Cake.
Counc. Was not he taller than Mr Chetwynd?
Humphreys. He was a great deal taller than Mr Chetwynd, he might for his Heighth reach over Mr Chetwynd, and take the Cake.
Counc. Could he take it over his Shoulder, or over his Head without touching him?
Humphreys. Over his Shoulder he might do it without touching him.
Counc. Did he take the Cake over his Shoulder or over his Head?
Humphreys. I think it was over his Shoulder.
Counc. Did not Mr Ricketts laugh when he had got the Cake?
Humphreys. Mr Ricketts came away laughing, and said he had got a Bit more Cake.
Counc. Was there any Motion or Action between them before this Thing happened.
Humphreys. There was not any Motion or Action at all that I saw before this happened.
Counc. Did you stand facing the Bureau?
Humphreys. The Bureau was behind my Back, and Mr Ricketts stood facing me, as I stood Side-ways to the Window, with my Work in my Hand, and Mr Chetwynd was by my Right Hand, we all three in a manner touched one another.
Counc. How could this be done without your seeing it?
Humphreys. I did not see it done.
Counc. And then the first Thing you heard was, that he was stabbed?
Humphreys. That was what Mr Ricketts said.
Counc. And you at that Time did not believe it?
Humphreys. No, I did not believe it; for when Mr Ricketts said he was stabbed, I lifted my Eyes off my Work, and said, Mr Ricketts, you joke?
Counc. Was there any Blow given?
Humphreys. I believe there was no Blow; I did not see any; I did not at first believe that there was a Wound.
Counc. As you did not believe it, it is plain that Mr Chetwynd did not believe it; for, he said, if I have hurt Mr Ricketts, I am sorry for it. Did he look to have Anger in his Countenance?
Humphreys. No; he looked with Concern; and said, Hannah, If I have hurt Mr Ricketts I am sorry for it.
Prosecutor's Council. Pray, Mr Long, inform the Court what Discourse passed between you and the Deceased, after he had received the Wound?
Mr Long. I came to Town on Monday Night, the 26th of September, and found a Letter from Mr Clare; wherein he acquainted me, that Mr Ricketts had met with an untoward Accident, and had received a Wound from a young Gentleman in the House, but that he thought there was then no Danger; this Letter having been wrote in the Morning, I enquired if there had been any subsequent Message from Mr Clare; I was told there had not; I did not go to Mr Ricketts that Night, not thinking there was any Occasion for so doing; but, in the Morning, I determin'd to take the Advice of Mr St Hill, who being a Gentleman very emiment in his Profession, we always take his Opinion, when any Accident happens to the young Gentleman under our Care; I wrote a Letter to him, and desired he would meet me at the Academy that Day [that was on Tuesday] which he did; and I found there Mr Shipton and Mr Middleton, who had likewise been called in; these three Gentlemen, with Mr Mccullock, the Surgeon of the House, viewed Mr Ricketts's Wound, and thought him in very great Danger; they continued attending him till Thursday Morning the 29th, when he died.
Counc. What Account did Mr Ricketts give you of the Occasion of this Accident?
Mr Long. Mr Ricketts told me, that on the Monday, about Noon, he was sent to call Mr Chetwynd to sence, and found him in the Dining-Room, with a Cake, of which he asked him for a Piece, which he gave him; that he then asked Mr Chetwynd for another Piece, which he refused; and cut a Piece of the Cake, and laid it upon his Bureau, which stood at the End of the Room; Mr Ricketts, to teaze Mr Chetwynd, for having refused him, (but without any Intention of eating or keeping it) took up the Piece of Cake, carried it to the middle Window, and said to a Maid, who stood there, Hannah, I have got a Piece of Cake; and, he said, that Mr Chetwynd followed him, and immediately stabbed him in the Belly.
Prisoner's Council. You said, you came to Town that Monday, did you see Mr Ricketts that Day?
Long. I came to Town that Monday Night, and found a Letter from Mr Clare; I did not see Mr Ricketts that Day; for I did not apprehend there was so much Danger, as I afterwards found there was.
Counc. How many Surgeons had you?
Long. There were four Surgeons; three were called in; and there was Mr Mccullock; the Surgeon of the House.
Counc. I should be glad to know whether Mr Ricketts gave any Account to you of any Passage that happened immediately after the taking of the Cake?
Long. He said, that after he had taken the Piece of Cake, he carried it to the middle Window, where the Maid stood; and said, Hannah, I have got a Piece of Cake; and that Mr Chetwynd came up to him, and stabbed him without speaking a Word.
Counc. Without whose speaking a Word?
Long. Without Mr Chetwynd's speaking a Word.
Counc. Did you ask him in what Manner he had lived with this young Gentleman the Prisoner, whether they did not live in Friendship?
Long. He said, he never had had any Quarrel with him; and I have Reason to think it to be true, because, Mr Ricketts was a Lad of a remarkably good-natured Disposition.
Counc. Did you ask him any thing farther?
Long. Mr Ricketts was generally, when I saw him, in such extreme Torment, that I did not care to trouble him with too many Questions.
Counc. Did not he tell you he forgave him?
Long. He did say that he forgave him.
Prosecutor's Council. Call Mr St Hill?
Prisoner's Council. There is no Occasion for it.
Prosecutor's Council. The Jury must have Satisfaction, that the Wound was the Occasion of his Death.
[Mr Peter St Hill, sworn]
Counc. Pray, Sir, give the Court an Account in what Condition you found the Deceased?
Mr St Hill. On Tuesday the 27th of last Month I received a Letter from Mess. Drake and Long, desiring me to go to Mr Clare's Academy in Soho-Square, to see a young Gentleman, that they had the Care of, who the Day before had been accidentally wounded: I met there Mr Shipton, Mr Middleton, and Mr Mccullock; and by Mr Mccullock's Account of the Wound, who first dressed him, and the Symptoms that attended it, we had too much Reason to fear, that it had penetrated into the Cavity of the Belly, and that some of the Viscera were wounded; for his Belly was much swell'd; and cross the upper Part of it so very painful, as to deprive him of all rest, and his Pulse were extreamly quick, and contracted. The next Day we met again - He had had a very unquiet Night; his Pulse were extreamly quick and low; and though his Belly was not so much swell'd, yet his Pain cross the upper Part of
Counc. Pray, Sir, inform us, whether you think that Wound was the Occasion of his Death? What Depth was the Wound of?
Mr St Hill. It is not easy to know the Depth of a Wound, after it has penetrated into the Cavity of the Belly: But, upon the whole, I think we have given our Opinion, in such a Manner, that nobody will doubt, but that the Wound was the Occasion of his Death.
Counc. Then you do think that Wound to be the Occasion of his Death?
Mr St Hill. I do think it to be the Occasion of his Death.
Counc. In what Part was the Wound given?
Mr St Hill. It was on the Right side of the Belly, two Inches obliquely below the Navel.
[ A Piece of the Blade of the Knife was produced, which was about three Inches long, and sharp at the Point. ]
Council to Humphreys. Did you see the Knife in Mr Chetwynd's Hand?
Counc. What kind of a Knife was it?
Humphreys. It was a Knife with a long Handle.
Counc. Was it a long Blade?
Humphreys. It was such a Blade as this; this is but a Piece of it.
Counc. It is a French Couteau.
Prisoner's Council. It is no such Thing, it is only a common French Knife.
Council. Mr Mccullock, pray, give an Account how you found the Deceased?
Mr Mccullock. I was called at half an Hour after One, on the Monday, to go to Mr Clare's; when I came there, I asked to see the Knife, and the Knife was produced
Counc. Was it produced broke?
Mccullock. Yes, it was produced to me then broke, as it is now, I probed the Wound; but did not find, at that Time, that it had penetrated into the Cavity of the Belly; the Deceased's Pulse were extreamly low, but I thought that was owing to the Fright: I went the next Day; and then upon searching the Wound, I found it had penetrated into the Cavity of the Belly, and found it to be a very bad Case; upon that Mr Middleton was sent for; and after that Mr St Hill, and Mr Shipton.
THE COUNCIL for the Prisoner called no Witnesses, admitting that the Fact had been fairly laid before the Court by the Evidence, and acknowledged the Candour of the Gentlemen concerned for the Prosecution, in representing it to the Jury without any Aggravation: but insisted, on his Behalf, that however his Hand might have been unhappy his Heart was innocent; that this Fact therefore could not amount to Murther at Common-Law, which the Lord Coke defines to be An unlawful killing another with Malice aforethought, either expressed by the Party or implied by the Law; that, in this Case, there was not the least of that Ingredient, their own Evidence having shewed they were Friends, Friends to the last Hour, Friends to the dying Hour; when the Gentleman said, he forgave him. That it being proved there was a Friendship subsisting, it would be talking against the Sense of Mankind, to say the Law could imply any thing contrary to what is plainly proved. That Deliberation and a Cruelty of Disposition make the Difference between Manslaughter and Murther. For which Purpose Holloway's * Case was cited.
* Vide Appendix, No 1.
If A be passing the Street, and B meeting him, takes the Wall of A, and thereupon A kills him, this is Murther; but if B had justled A, this justling had been a Provocation, and would have made it Manslaughter, 1 Hale's Hist. Pl. Cr. 455.
If I see another's Child beat, or Wife debauch'd, it would be Murther in me to kill the Party, not so in the Parent or Husband.
A sudden Challenge and fighting immediately, the Challenge is held to be a sufficient Provocation.
The Law makes a Difference between a Person's killing another, when he is doing a lawful Act, and when he is doing an unlawful Act. If the Master designeth moderate Correction to his Servant and accordingly useth it, and the Servant by some Misfortune dieth thereof, this is not Murther, but per infortunium; because the Law alloweth him to use moderate Correction and therefore the deliborate Purpose thereof is not ex malitia;
But if the Master design an immoderate or unreasonable Correction, either in respect of the Measure, or Manner, or Instrument thereof, and the Servant die thereof; if it be done Easily, and without De-liberation,Murther, L. C. J. Hale in his Hist. Pl. Coron. p. 454.
Shall the young Boy at the Bar, who was doing a lawful Act, be said to be guilty of Murther; he was rescuing what was his own; the Witnesses have told you, that after he had given the poor Boy Ricketts a Piece of Cake, Ricketts went to him for more; he denied it him; he had a Right to keep his Cake, the other had no Right to take it; and he had a Right to retake it.
There are Cases in the Books which make a Difference between Murther and Manslaughter: If a Man takes * up a Bar of Iron and throws at another it is Murther; and the Difference in the Crime lies between a Person's taking it up, and having it in his Hand; Chetwynd had the Knife in his Hand, and upon that a Provocation ensues, for he did not take the Knife up; if he had, that might have shewn an Intention to do Mischief. It may be doubted, whether or no, when he had this Knife in his Hand for a lawful Purpose, and in an Instant struck the other, whether he considered he had the Knife in his Hand; for if, in his Passion, he intended to strike with his Hand, and struck with the Knife, not thinking it was in his Hand, it is not a striking with the Knife.
* Vide Appendix, No. VI.
That in respect to the Statute of the first of James I. + it had always been looked upon as a hard Law, and construed therefore constantly very strictly by all the Judges in favour of the Prisoner. That when the Facts amount only to Manslaughter at Common-Law, it has been the Custom of the Courts ++ to acquit upon this Statute.
+ Vide Appendix, No. II.
++ At a Meeting of all the Judges, on Saturday the 28th of April, 1666, at Serjeants-Inn, to consider of such Things as might in Point of Law fall out in the Trial of the Lord Morley, who was on Monday to be tried by his Peers for a Murther; they were all of Opinion, that the Statute of 1 Jac. for stabbing a Man not having first struck, nor having any Weapon drawn, was only a Declaration of the Common-Law, and made to prevent the Inconveniencies of Juries, who were apt to believe that to be a Provocation to extennate a Murther, which in Law was not. Kelyng 55.
That this Act was made for a particular Purpose ||: On the Union of the two Kingdoms, there were national Factions and Jealousies, when wicked Persons to conceal the Malice lurking in their Hearts, would suddenly stab others, and screen themselves from the Law, by having the Act looked upon as the Result of an immediate Quarrel.
|| This Statute was enacted in the Time of King James the First, when many Animosities arose between the English and the Scotch, who using Daggers were accustomed to stab many of the English, ex improviso, which could not have been done by a flat Sword, the usual Weapon of the English; therefore this Statute was designed to secure defenceless People from Surprize, supposing that whoever struck would be prepared. Rex v. Keite. Lord Raymond 139.
That it was to be considered, whether there was not Evidence to except this Case from the Letter of the Law: At the Beginning of the Fray Ricketts had a Knife in his Hand; and it was one continued Act. And another Question was, whether there was not a Struggle; here was the Cake taken, and in endeavouring to get it again this Accident happens; on the first taking of the Cake, it is in Evidence, that Chetwynd was forced to extend his Arms to keep the other off; now there was no Occasion for him to extend his Arms, unless the other was coming to take it from him; and then a Struggle is a Blow. In Reneer's Case, (cited in the King and Keite Cymbal gave no Stroke but in struggling, and yet it was adjudged but Manslaughter in Reneer L. Raymond 143.
If a Man hath done a Trespass, and is not continuing in it, and he that hath received the Injury shall thereupon beat him to a Degree of killing, this, faith the Lord Chief Justice Holt (Kelyug 132) is Murther: but this Act of the Deceased is a Trespass, and the not restoring what he had taken was a continuing in the Trespass, and is such a Provocation as will make it Manslaughter at Common-Law.
That this Statute is not to be literally interpreted, for taking up a Candlestick to throw at another has been judged a Weapon drawn ~.
~ See Page 316. Col. 1 3.
Meer stabbing is not within the Act; when a Man is taken in Adultery with another Man's Wife, if the Husband shall stab the Adulterer, or knock out his Brains, this is bare Manslaughter. 1 Vent. 158. Raymond 213. Kelyug 137.
A Man must intend to kill to be within the Statute; and must intend to stab, for throwing a
* Vide Appendix, No. III.
That some Degree of Malice is + required in this Case, as well as at Common-Law. The Act indeed has taken away the Necessity of the Proof of Malice, and laid the Negative upon the Criminal, and here the Negative is proved. The Intent of the Statute was to take away the Benefit of the Clergy from cruel and bloody minded People; 'tis impossible to conceive, that the Parliament should, at all Events, condemn to Death those who had no preconceived Malice.
+ Vide p. 316. Col. 2. &. 3.
But the Case most strongly insisted and relied on in behalf of the Prisoner, was Buckner's ++ Case on the Statute, wherein the Judges all agreed, because there was some Provocation and no preconceived Malice, that he was not within the Act of Parliament.
++ Vide Appendix, No. IV.
THE COUNCIL for the Crown, in Reply to the Arguments and Cases insisted upon on behalf of the Prisoner, submitted to the Court, whether (since the only Points insisted upon by way of Defence for the Prisoner, were Questions of Law, in which the Jury were to be guided by their Opinion) the Facts proved and admitted, did not clearly, in the first Place, amount to Murther at Common-Law; and in the second Place, whether there could he the least Doubt in Point of Law, but that this Case was within the Statute of 1 James 1 8.
Upon the first it was admitted, that to constitute Murther there must be Malice.
But it was argued, that Malice was of two Kinds; either express and in fact, or implied by Law
That when one Person kills another without Provocation it is Murtuer ||, because the Law presumes and implies Malice from the Act done.
|| He that doth a cruel Act voluntarily, doth it of Malice prepensed, 3. Inst. 62. Some have been led into Mistake, by not well considering what the Passion of Malice is; they have construed it to be a Ranmour of Mind lodged in the Person killing, for some considerable Time before the Commission of the Fact, which is a Mistake arising from the not well distinguishing between Hatred and Malice. Envy, Hatred, and Malice, are three distinct Passions of the Mind. Lord Chief Justice Holt in Mawgridge's Case, Relying 126.
And therefore, wherever any Person kills another it is Murther, unless some sufficient Provocation appear.
But that it is not every Provocation which extenuates the killing of a Man from Murther to Manslaughter.
A slight or trivial Provocation is the same as none, and is not allowed by Law to be any Justification or Excuse for the Death of another.
And therefore no Words of Reproach or Infamy, whatever provoking Circumstances they may be attended with; no affronting Gestures or deriding Postures, however insolent or malicious, are allowed to be put in the Balance with the Life of a Man, and to extenuate the Offence from Murther to Manslaughter. Kelyng 130. Croke El. 779. ~
~ See this latter Case at large Appendix, No. V.
For the same Reason, no sudden Quarrel upon a slight Provocation shall justify such an act of Cruelty as one Man's stabbing another, though it is done immediately in the Heat of Passion. As if two Persons, playing at Tables, fall out in their Game, and the one upon the sudden kills another with a Dagger; this was held to be Murther by Bromley 27 Eliz. at Chester Assizes. Crompton's Justice 23. Kelyng 128.
In like manner, no Trespass on Lands or Goods shall be allowed by Law to be any Excuse for one Man's attacking another in such a Manner as apparently endangers his Life, and could not be intended merely as a Chastisement for his Offence; because no violent Acts beyond the Proportion of the Provocation receive Countenance from the Law.
And therefore if a Man beats another that is trespassing upon his Goods or Lands, and does not de, he will be justified by Law; because what he does is only in Defence of his Property, and no more than a Chastisement to an Offender.
But (says the Lord Chief Justice Holt ) if one Man be trespassing upon another, breaking his Hedges, or the like; and the Owner, or his Servant, shall upon Sight thereof, take up an Hedge
That applying the Rules of Law to the present Case, it was plain, that the violent Act done, bore no Proportion to the Provocation. All the Provocation given was taking up a Piece of Cake, which is not such an Offence, as can justify the Prisoner's attacking the Person, who took it up, with an Instrument, that apparently endangered his Life, or rather carried certain Death along with it.
And lastly, that Gray's Case + (Kelyng 64, and 133) was much stronger than the present : Where a Master, who was provoked with the Neglect, Disobedience, and Insolence of his Apprentice, and had therefore a Right by Law to chatlise him; immediately upon receiving the Provocation, took up a Bar of Iron, at which he was then working, and struck his Apprentice, who afterwards died of the Blow. This was by all the Judges held to be Murther, notwithstanding it was done upon a sudden, and notwithstanding the Provocation, and the Right which Grey had as a Master, to correct his Servant. For having exceeded Measure herein, what he did was malicious.
+ Vide Appendix, No. VI.
Upon the second Indictment it was said, that the Gentlemen who had argued on behalf of the Prisoner, had, in order to raise a Doubt upon this Point, in Effect contended that the Statute of James I, should never be allowed to comprehend any one Case whatsoever, or extend to any one Offender.
For if Persons indicted upon that Statute, were to be acquitted wherever the Case would have been Manslaughter at Common-Law, the Statute would be entirely frustrated, and have no Kind of Effect whatsoever.
Since it was only made in order to exclude such Persons as stabbed others upon the sudden, not upon their Guard, from the Benefit of Clergy; and was intended as a sort of Correction to the Common-Law, by restraining such Offenders, thro' Fear of due Punishment. who were emboldened by presuming on the Benefit of Clergy, allowed by the Common-Law.
But if it is to exclude none from their Clergy, who at Common-Law would have been entitled to it, it can never have any Effect, and may as well be repealed.
That whatever the Reasons might be which such gave Rise to this Statute, the Legislature thought it of general publick Benefit, and therefore afterwards continued it by a subsequent Law.
And, if the Statute is to have any Force or Effect at all, there can't be a Doubt but that is must extend to the present Case.
It is expressly within the Words; Mr. Ricketts, was stabbed, having then no Weapon drawn in his Hand, and not having before struck the Person who stabbed him.
It is plainly within the Intention; which is declared in the Preamble to have been in order to punish stabbing, or killing upon the sudden, committed in Rage, or any other Passion of the Mind, &c.
And the principal Reasons upon which the Determination in Buckner's Case is founded, conclude strongly against the Prisoner.
For it is there arga'd, that Buckner was not with in the Statute, because it appeared to have be made to prevent sudden killing, the worst of a killing, of a Person not upon his Guard.
And secondly, because in that Case the Party slain might have foreseen the Danger, and defended himself.
But the unfortunate Person killed in this Case, had no Opportunity either of foreseeing the Danger, or of avoiding it, or making any Defence but was killed on the sudden, before he could apprehend any Danger.
And therefore it was submitted to the Court, whether upon the Facts prov'd and not denied, the Consequence of Law was not clear that the Prisoner was guilty within both Indictments.
MR BARON REYNOLDS and Mr. Recorder (being the only Gentlemen of the long Robe on the Bench, when Mr. Chetwynd was tried taking Notice of the Points of Law that had arisen, the learned Arguments of the Council, and the many Cases cited upon this Occasion, were of Opinion, that it would be proper to have the Facts found specially, that they might be put in a way of receiving a more solemn Determination. A Special Verdict was accordingly on all Sides agreed on, and drawn up to the following Purpose, viz.
William Chetwynd , the same against the same, and the same against the same.
We find that Thomas Ricketts , on the 26th of September last, being a Scholar at Mr Clare's Academy, in square, was in a Room in the said Mr Clare's House, in which the said Mr Chetwynd used to lie, (and not Mr Ricketts) in Company with the Prisoner William Chetwynd , William Hamilton , Samuel Malcher , and Hannah Humphreys , a Maid-Servant in the said Mr Clare's Family; that the said Mr Chetwynd, the Prisoner, having his own Cake in his Hand, which was a hard Cake, called a Simnel, and hard to cut, the Deceased, Thomas Ricketts , asked the said Mr Chetwynd to give him a Piece, upon which the said Mr Chetwynd gave him a Piece; that the said Thomas Ricketts afterwards asked him, the said Chetwynd, to give him some more of his Cake, which the said Chetwynd refused, and thereupon, the said Chetwynd went out of the said Room, with his Cake under his Arm, and the Deceased followed him, out of the said Room; upon which, the said Chetwynd returned again, into his said Room, and went to his own Bureau, and cut another Piece of the Cake for himself; the said Ricketts offered to lend the said Chetwynd his Knife to cut the Cake, and at the same Time pulled his Knife, being a Clasped Knife, out of his Pocket, and opened it, but the said Chetwynd, refusing to make Use of the said Ricketts's Knife, saying, he had a Knife of his own, the said Ricketts put up his Knife again, and immediately after this, the said Chetwynd being then at his Bureau, cut off a Piece of the said Cake with his own Knife, being a common Knife, and such as Mr Chetwynd, and his School Fellows generally used, and laid the same Piece of Cake upon the Top of his Bureau for himself; that the said Chetwynd, standing then with his Back to the rest of the Company, was putting the rest of his Cake into his Bureau, and, whilst he was so doing, the Deceased came up, and put his Hand over the said Mr Chetwynd's Shoulder, whereupon, the said Mr Chetwynd raising his Arms, said to the said Deceased, don't Mr Ricketts, the said Mr Ricketts, immediately snatched the said Piece of Cake away, against the Consent of the said Mr Chetwynd, which lay upon the Top of the said Bureau, and went up to the said Maid-Servant, who was about two or three Yards off, and said Laughing, Hannah, I have got a Piece of Mr Chetwynd's Cake, which he showed to her in his Hand; that thereupon, immediately the said Mr Chetwynd followed the Deceased, with his Knife in his Hand, and demanded the said Mr Ricketts to return him his Piece of Cake, the Deceased, Mr Ricketts, re turned no Answer to this, but continued laughing, and did not return the Piece of Cake; upon which, the said Mr Chetwynd struck the said Mr Ricketts backhanded, with the said Knife which he had kept in his Hand all along, and with which he had cut he said Cake, ( the said Ricketts being then only in his Waistcoat, which was at that Time unbuttoned) and gave him a Wound upon the Right-side of the Belly below the Navel, which penetrated into the Cavity of the Belly, (the Deceased not having before struck the Prisoner, and not having at that Time any Weapon in his Hand) that immediately after, the Deceased cried out, Hannah, Chetwynd has stabbed me, and then the said Hannah, said to the Prisoner, What have you done? Upon which the Prisoner looked on the said Hannah, with Concern, and said, If I have hurt Mr Ricketts, I am sorry for it; We find that there never had been any Quarrel or Malice, between the Deceased an d the Prisoner, but that they constantly had lived in Friendship together. And we find likewise, that the Deceased was about the Age of Nineteen *, and Mr Chetwynd about the Age of Fifteen; and that of this Wound the Deceased died, on the 29th of the said September; and whether upon the whole, the Prisoner is guilty of all, or any of the several Indictments, the Jurers submit to the Judgment of the Court .
* That Mr Ricketts was about Nineteen Years of Age was admitted: No Evidence being offer'd as to the Age of the Prisoner, the Jury form'd their Judgment thereof, on seeing him.
491. + Eleanor Scrogham , of St Margaret, Westminster , Spinster , was indicted, for that she on the 13th of September , in the 17th Year of His Majesty's Reign, being big with two Male Children; she on the said 13th of September, the said two Male Children, by the Providence of God, privately and secretly did bring forth alive; which said two Male Children, by the Laws of this Land, are Bastards; and that she the said Eleanor Scrogham , not having God, &c. on the said 13th of Sept. as soon as the said two Male Bastard Children were born, in and upon the said two Male Bastard Children, did make an Assault, and the said two Male Bastard Children, she the said Eleanor Scrogham , feloniously, wilfully, and of her Malice aforethought, in both her Hands did take, and the said two Male Bastard Children being alive, out of her Hands into a Necessary-House did cast and throw, by which casting and throwing, into the Necessary-House aforesaid, and by Reason of the Filth and Excrement therein, the said two Mare Bastard Children were suffocated; of which Suffocation they instantly died; and that the said Eleanor Scrogham , the said two Male Bastard Children did kill and murder .
She was a second Time charged on the Coroner's Inquisition for the said Murder.
Diddle Webster . The Prisoner was my Servant , and she was out of Town with me at Stanmore where I lived; she was taken ill, and said she believed she was nearer her Time than I thought for; I sent her to Town before me. When I came to Town I found she had been Ill; - I had taxed her with being with Child in the Country ||; she at first denied it, and then she said she was *; and that she was married, and had three Months to go.
|| Mrs Webster was so affected she could scarce express herself for Tears.
* The Statute 21 Jac I. c. 27. [inserted in the former Part, p. 277] doth not make a new Offence, but maketh a Concealment to be an undeniable Evidence of the Murder; but the Party confessing herself with Child beforehand is not within the Statute, as was determined on the following Case:
Ann Davis was tried at the Aug. 31. 1664, (before Sir John Kelyng , Knt Lord Chief Justice of the King's Bench, Sir Orlendo Bridg Knt. Lord Chief Justice of the Common Pleas, and Sir William Wyloe , Knt. and Burt Recorder of London) for dering her Male Bastard Child. Upon the Evedence it appeared, That the Prisoner lived in a Chamber by herself, and went to Bed on Thursday Night well, without any Pain, and in the Middle of the Night ked full of Pain, and knocked some body to come to her, and one Woman heard her knock, but came not to her; and the same Night delivered of a Child, and after she put the Child in a Trunk, and did not discover it till Friday Night following. And all this was found specially, to have the of all the Judges, Whether that knocking or Help at the Time of her Travel, (although the conce it after one Day) exampls her from that Statute. For there was no ary Hunt upon the Body of the Child. But thus far it was agreed by us, That if there be an Intent in the Woman to conceal the Chi ld, then it is Murder by that Statue, though Truth the Child was horn: But if there was no Intent to conceal it, or if she confess with Child before hand, and she is surprised and delivered, no body being with her, this is not within the Statute, because there was to conceal it; and therefore in Case, if there be no Sign of Hurt upon the Child, it is no Murder. Reports, p. 32
Webster. Not then I did not: I asked her where her Child was, she told me it was safe and alive, and that she had put it out; I asked her where, she said, she had put it to Nurse at the Bull and Gate in Holborn, I enquired after it, but it was not to be found there.
Q. Was there any Childbed Linnen provided?
Webster. I did not see any, I heard there was some.
Q. Was not she to have gone away to have in?
Webster. I know no more than I have said.
Jane Thomas . Mrs Webster sent for Afternoon about a Month ago; said she, I, upon a Maid, brought but now she was the at the Bull and Gate in Holborn; we went but it was not to be found. When I came back, I to Mrs Webster, I will ask Question, do you go out of the Room, and me more readily; said I, Sweeth if the Child; said I, I hope you have your Child (for I had a that she had put under the Copper) No, Madam, said she, I have not. I asked her, what she had done with it; said I, I hope you have not murdered it; No, Madam, said she; said I, is the Child in the Vault, she said it was; that she had a Desire to go to the Vault, and that it dropped from her when she was there; we got the Vault searched, and as God would have it, the last Child came up first. I said to the Men that was searching the Vault, (after he had taken up one Child,) young Man, there another Child. - Upon my Oath, I said so to him; I said to the Prisoner, are they both together? Did you throw them down? She said, No, indeed, I did not; said I, are there two Children; she said, I can't there was a great deal came from me, and I was in such Extreme of Pain that if I had had ten thousand Worlds, I could not got off the Vault; and I know that when Women are in such Distress of Pain they cannot stir to help themselves. Said I, if you have murdered your Children it is a crying Sin; it is a Sin against the Holy Ghost, and if that is your Case. I should rather die than live. - I have been a Midwife 18 Years.
Q. Is it usual for Women to desire to go to the Necessary House when they draw near their Time?
Thomas. Yes. - I had a Woman that I attended that stole away from me with that Intent. - I know the first Child had never been handled by any Hand to part them, because we have a particular Method that we know that by, and I believe her Pains were so violent that she could not go from the Place. I know when Women are in the Birth they can neither stand nor go. I asked her why she not call some People; she said she thought Re she should be better.
Q. Were the Children at their full Growth?
Thomas. I cannot say that they were; no Woman in England can swear to a Month in the Birth of a Child; - she declared, before the Justice, that not made any Child-bed Linnen, but that her Sister Orders to make some, and that she there to lie in.
Margaret Oldfield . I got up that Night to wash about twelve o'Clock, and I heard such a Scream that I was frightened out of my Wits; (I am a Servant, and live over against Mrs Webster's said I, to the Washer-Woman, I believe Mrs Webster's Maid is in Labour, and there is no body in the House, and if some Body does not go to her Assistance she will be lost; (I think it was the 13th of September) I knocked at the Door as loud as I could knock, and called with my knocking, and she screamed out at the same Time, but did not come to the Door; and about eight o'Clock in the Morning I saw her open the Windows; I asked her what was the Matter, that she screamed out so? She said, she was taken with the Cramp, and the Cholick; she said, she went to Bed about ten o'Clock; I asked her why she did not come down Stairs; she said, she could not have come down
Q. Was it known that she was with Child ?
Oldfeild. Yes, it was known.
Thomas Ayers . I was sent for to search Mrs Webster's Vault; I searched a little while, and I found one Child; then I took off the Top of the Vault, and made a larger Search, and found another Child. - As to whose Children they were, I cannot tell; they were supposed to be the Children of the Prisoner at the Bar.
Thomas Ball . On the 14th of September I was at the Examination of the Prisoner; and found, by her Examination, that there was a Child in the Vault; I fetched the last Witness to help me Search for it, and we found a Child: When the Midwife saw it, she said, there was another; and after a further Search I took that up.
- Bennet. The Prisoner's Sister lodges at my House, and I saw her make several Things fit for a Child; the Prisoner was to lie in at my House; I had a Bed ready at a Minute's Warning.
Q. I would ask whether it is usual with Women, when the Time of Child-bed draws near, to have a violent Inclination to go to the Vault?
Simmonds. It is very common; and it is a common Prognostick of an approaching Birth.
Q. Is it not possible, when a Women is in that Condition, for the Child to fall from her?
Simmonds. Yes, to be fare.
Jury. Where did your Servant lie ?
Webster. In the Garret. Acquitted .
The Jury found, on the Coroner's Inquisition, that the Children were still-born.
- Neilson . About two o'Clock in the Morning I was going my Rounds by Hide-Park Corner, and saw a Man pass me with a Bag; I asked him what he had got there; he said he had got something, but would give no Account what he had got; I took hold of him, and examin'd what he had, and ask'd him who it belonged to; he said it belonged to a Cow-Feeder below the Hospital at Knightsbridge; acquainted Mr Stanley with it, and he said it belong'd to his Cart.
Mrs Pearce . I was going out of Town, and ordered the Coachman to stop at the London Assurance to take up Mr Pearce; Mr Pearce's great Coat was behind the Coach, and I saw the Coat thrown into a Hackney Coach.
Q. Did you see the Coat taken away?
Mrs Pearce. I did not see it taken away; but seeing the Coat thrown into the Coach; I said, Pray now, why did you take away my Coat; the Prisoner Durant said, he thought it was a Hackney Coachman's Coat; said I, that Coat does not look like a Hackney Coachman's Coat; whereupon the Coat was brought back directly.
Q. Was the Man that brought it back, the same Man that took it away?
Mrs Pearce. I cannot say that; when the Coat was thrown into the Hackney Coach; I said, That is my great Coat; and Durant brought it back directly, and put it again in its Place.
Q. Did he attempt to drive away?
Mrs Pearce. Not till the other Prisoner was taken up.
Henrietta Martin Pearce . While the Footman was gone into the London Assurance-Office, the Coat was thrown into a Hackney Coach; I called to the Prisoner, and he took it directly out of the Coach, and brought it back again.
Mrs Pearce. The other Man who is charged with receiving it, only made a Joke of it.
Q. How near were the Coaches to each other?
H. M. Pearce. They were so near, that the Man straddled from one Coach to the other, and they could not hand the Coat from one to the other without my seeing of it.
John Rawlins . Capt. Pearce gave me charge of John Durant ; I met Durant's Master, Mr Alexander, in Lombard-street, as I was going along with Durant; said he, You have done for yourself very finely; I would rather have given 500 l. than this Thing should have happened; I would have you learn to be honest; Friend, said Durant, to me, I am
James Redmain . I was coming up Cornhill last Saturday; and Mr Pearce's Coach was waiting at the London Assurance-Office; Mrs Pearce and Miss Pearce were in the Coach; and hearing something of a Dispute; I asked Mrs Pearce what was the Matter; she said, a Person had taken a Coat from behind her Coach, and put it into another Coach, and wished that the Man could be secured; a Soldier came by immediately afterwards, who stopped, to hear what Mrs Pearce was saying; and he heard Mrs Pearce talk of a Coat that was taken from behind her Coach; I said, If you will go along with me, we will secure him; I asked Durant how he came to take the Coat; he said, I thought it had been a Hackney Coachman's Coat, and as it was so, I did not think there was any Harm in it, but I will go and ask Mrs Pearce's Pardon upon my Knees he owned, that he took it, from behind Mr Pearce's Coach, and hoped she would excuse him.
- Holloway. I was coming by the Royal-Exchange, about one o'Clock, on Saturday last, and heard Capt. Pearce's Lady make an Outcry, and say, that she was robbed of her Husband's great Coat, and that the Person who took it was just by; I desired her to shew me the Person that took it; and, she said, it was the Man in the blue Grey (Durant) I said to Durant, Don't take it amiss, but you must take a Walk to the Lady's Coach; when he came to her, he made a Sort of a Bend, and said, he never knew any Harm before; and begged that she would forgive him; I heard old Mr Alexander say, I gave you a Caution to be honest, but I find you did not regard it; and afterwards I met young Mr Alexander; and he said to him, You will not be honest; and Durant said, he would be honest.
Q. Did he run away?
Holloway. He was willing to be backward, he had no Mind to go forward.
Thomas Gower . I folded the Coat up, and put it behind the Coach upon the Step; I was going into the London-Assurance-Office to let my Master know that the Coach was ready, and by that Time I came back the Coat was gone, and they had got a Constable, and secured the Prisoners.
Q. Was it not possible for the Coat to fall down?
Gower. I had placed it so upon the Step that I thought it was impossible for it to fall down.
Q. Was the Coat fastened to the Step?
Gower. There was no fastening but only the Step to hold it.
- Alexander, Senior. The two Prisoners at the Bar are very honest Fellows; one of them has lived with me between five and six Years, and the other a Year; they came from Mr Jennings's to me; I had a very good Character of them; there are not two honester Fellows in the World.
- Alexander, Junior. I know both the Prisoners; I believe them to be very honest sober Men: I have a particular Reason for saying so of John Durant , because when he first came to me, I employed him to drive the Horses upon the Road, and gave him Money to defray Expences, and I kept a private Account against him, and did not let him know that I kept any Account, and when I settled with him his Accounts were always very fair and just.
Liscomb Price. I have known Brittle ever since he lived with my Father-in-Law, Mr Alexander; I had Occasion to remove, and I entrusted him with near 2000 l. Value; and if I had the same Occasion for him To-morrow I would entrust him again.
- Bridware. I have known Brittle some Years; he is looked upon to be a Man of an exceeding good Reputation; I know Mr Alexander to be a Man of one of the best Characters in the World, and I know that he respected him - The I know but little of.
- Rooke. I know both the Prisoners I never heard but that they bore the Character of very honest Men; they are singular Men in their way, as Hackney Coachmen, for they generally hear but very indifferent Characters. I have done Business for Mr Alexander twenty Years, and he says he never had two such Servants in his Life.
Mr North. I have sometimes had occasion to make of Mr Alexander, and have been drove by Brittle, and he always was a sober honest Fellow to the best of my Judgment.
- Quiron. I believe them to be as honest Men as any in England; Durant when he was but a Lad lived two Years with Mr Jennings, of Acton-Place;
Edward Bennet . I am a Goldsmith on London-Bridge . On the 28th of September the Prisoner at the Bar came to my Shop to buy a Gold Ring: She pulled a Ring off her Finger, and said she wanted a larger than that; I showed her one, and then I showed her two more; she had one visible in her Hand, and out of those three she conveyed two away. - When I missed one of the Rings, I put two more upon the Counter, and said I was sure one of them would do; when I put them upon the Counter, I was not sure whether the other was gone or no; I was a little surprized; and I put two more upon the Counter, and said to myself, I will see what will be the Event of this. I took particular Notice of her, and saw her put her Hand up to her Mouth; with that I clapped my Hand upon her Wrist, and said, Child, you have got three of my Rings, and I will have them before you go; my Wife was above Stairs, but hearing a Noise in the Shop she came down Stairs, said I, My dear, do you go on the other Side of the Counter, and take hold of her other Hand; which I bid her do, least the Prisoner should convey them away; said I, They are either in her Mouth, or in her Bosom; then the Prisoner said, If you will not expose me, I will give them to you. I bid my Wife take her backwards and search her; which she did, and found the three Rings upon her; they were concealed in her Bosom. - I am sure they are my Rings; - When I missed the first Ring I was afraid of being mistaken, and was willing to be sure before I challenged her, and that made me lay two Rings upon the Counter.
Mrs Bennet. Hearing a Noise in the Shop, I came down Stairs, and my Spouse told me the Prisoner had got some of his Rings, and he bid me go on the other Side of the Counter, and take hold of her Hand; I took hold of her Hand, and she seemed to be in a great Surprize, and said she had none of the Rings, said I, You must have them, and it does not signify any Thing your denying it; she seemed to want to go backward, and said, If I would go back with her she would give them to me. She put her Hand into her Bosom and pulled one of the Rings out, and gave it to me; I said she had got more; she put her Hand in again, and said she had got no more: Mr Bennet put his Head into the Entry and said, She has got three; with that I put my Hand into her Bosom and took out two more, and gave them to Mr Dobson.
Dobson. I am a Hosier and live over-against Mr Bennet's; seeing a Croud about the Door, I went over and asked what was the Matter; says he, There's a Woman has taken three Rings, she is backwards with my Wife; Mrs Bennet had just taken the Rings from the Prisoner, and she delivered them to me.
Q. Was the Prisoner out of the Shop?
Q. What did she go backwards for?
Bennet. She went backwards, to deliver the Rings to my Wife.
Q. How long is it since she lived with you?
Champion. About three or four Months; I never had any Suspicion of her Dishonesty; she has been in my House every Week since she went away, 'til she was under Confinement.
Q. Upon what Account did she go away?
Champion. She went away, because she was not strong enough to do our Business; the Prisoner always behaved in a very handsome modest Manner; she is a young Creature; I hope the Court will be tender of her Life.
Q. What Age is she?
Champion. She was twenty-one Years of Age the Day she was committed.
Miles Dalton . The Prisoner lived with me near twelve Months, about three Years ago, and behaved in a discreet modest Manner; my Wife had an extraordinary good Character of her; she was a very young Creature; then she was about seventeen Years of Age, and behaved exceedingly well; I never heard any Thing to the contrary of her since, but that she was a prudent modest discreet Girl; and her Family prudent modest discreet People; I believe it is the first Time that ever she had any Imputation of any Thing of this kind.
Zachariah Ingram . I have known the Prisoner for three or four Months past, she lodged in my House; and all the Time her Behaviour was modest, pretty, and discreet; she was a good Companion to my Wife; she behaved so well, that I could have trusted her with any Thing.
- Macguire. When she was out of Place
Q. How did you come acquainted with her?
Presgrove. I knew her by her coming to her Sister's; her Sister lived in a House of my Father's. Guilty 4 s. 10 d .
Samuel Simpson . I keep a Yard in Petticoat-Lane, and belong to the building Business , I have missed at a great many Times a pretty deal of Stuff, Timber, Tiles, and Bricks, and I never could hear who robbed me, though I have set People to watch several Times; the Prisoner worked for me about twelve Months before; I asked my Apprentice if he had never seen any Body about the Yard, he said, he did once see Greenliff Taylor take some Bricks out of the Yard. I asked him the Reason why he did not tell of it before, and he said the Prisoner had threatned to do him a Mischief if he spoke of it:
Lewis Lecroke . I have known the Prisoner about two Years and six Months. On the 26th of last March was Twelve Months, I met him coming out of my Master's Yard, in Petticoat-Lane, with a Basket of Bricks; I asked him what he was going to do with them; he said, What is that to you? I told him my Master knew nothing of it, and I would acquaint him with it; he said, if I did acquaint my Master with it, he would do my Business for me, and that was the Reason I did not inform against him sooner; and I was afraid to go about my Business after I had made a Discovery, till the Bill was found. - I cannot swear to any more than this Basket of Bricks.
Q. How many Bricks do you think there were?
Lecroke. I believe there were eighteen or twenty; the Basket was pretty well filled, and it will contain about that Quantity.
Q. How can you fix the Time to be the 26th of March was twelve Months?
Lecroke. I remember I had been at work in Love's-Court that Day, and I turned to the Book and found it to be the 26th of March that I was at Work there.
Henry Newton . The 26th of last March was Twelve-Months, I met the Prisoner carrying a Hod of Bricks out of the Tabernacle-Yard in Petticoat-Lane, belonging to Mr Simpson, after I left Work in the Evening; I asked him what he was going to do with them; he said it was no Business of mine, and that he had as much Business with the Bricks as I or my Master had, and he said if I did trouble myself about it, he would turn me out of my Business.
Q. Did you see him carry any Bricks out more than once?
Newton. I saw him carry Bricks out at several Times, I am within Compass in swearing to an hundred of Bricks.
Q. What Reason have you to fix on the 26th of March was twelve Months?
Newton. I know it by being at work in Love's-Court that Day.
Q. Why should you be afraid of being turned out of your Master's Business, for discovering to your Master that he was wronged?
Newton. I was as much afraid of being abused as I was of any Thing else.
Prisoner. I cannot help what he swears; I am very ignorant of the Affair.
W. Green. The Prisoner has worked with me ever since the 26th of December last, and always behaved in a very sober Manner; I never heard any Body say but that he was very honest excepting this Thing.
Prisoner. This was never thought of till I sued him for my Wages; I got an Attachment against him in the Court of Conscience, and when I recovered my Money then this Thing was trumped up upon it.
Q. What do you say to this? Is it true.
Simpson. There was an Agreement between the Prisoner and me; and I was to give him a Guinea a Week, if he behaved as he should do; but instead of coming in Time, he used frequently to come at nine or ten o'Clock in the Morning, and I only stopped the Money for lost Time, and he got an Attachment against me.
Q. Was there an Attachment against you in the Court of Conscience?
Simpson. Yes, there was.
Q. Did you pay the Money upon it?
Simpson. Yes, I did.
Q. Had you missed any Thing before?
Simpson. Yes, a great many Times, he has robbed me of a great deal more out of my Cellar. Acquitted .
499. James Newbold , of London, Porter , was indicted, for that he on the 13th of June, and at other Days and Times since , in the Parish of St Brides did keep a disorderly House, for Lucre and Profit, and for harbouring evil disposed Persons, and Persons of ill. Fame and dishonest Conversation, and for keeping such Company in his House, and suffering them to remain there drinking, scolding, fighting, and making great Noises and Clamours to the Nusance of all the Neighbours, the Breach of His Majesty's Peace, and Contempt of his Laws *.
Jonathan Perkins . I am a Watchman belonging to the Court where the Prisoner did live - it is Love's-Court, in the Parish of St. Brides; he lived there about two Years and a Quarter; the House is shut up ++ now; I believe, his Wife left it last Week; he has been in Prison about six Weeks.
++ It has since been opened: Thomas Paris , and Sarah, his Wife were on the 24th of October committed to Bridewell by Alderman Bernard, for keeping a Bawdy-House there. William Russel , with several other Persons of ill Fame, were at the same Time taken up and committed.
Q. What Sort of a House did he keep?
Perkins. He kept a very disorderly House.
Q. Did he keep a Publick-House?
|| See p. 262. No. 481, 462.
[The 5th of September was the Day the former Sessions began at Guildball, when the Indictment against the Prisoner was preferred. He was committed on the first of August.]
Perkins. Stevens has used the House above a Twelvemonth; they both of them used the House all Hours of the Night, with disorderly Women; there were seven or eight disorderly Women used it; it was sometimes kept open till two or three o'Clock in the Morning; I have been many Times called off my Watch to go there; the very Night that he was taken up, I was called there.
Q. What Company was in the House?
Perkins. There were four Women, who are now in Bishopsgate Workhouse.
Q. Give an Account of what you saw there?
Perkins. I was beating the Hour of One, and met the Constable, who was going there; we went into the House, and found-four Women and four Men; we turned the Men about their Business, but took the Women up.
Q. What were they doing of?
Perkins. They were all drinking in the same Room; one of the Men had lost his Handkerchief, and charged them with it; he said, he lost it since he came into the House; he was to have appeared here to Day, but he is not come.
Q. Were they in Liquor, or were they sober?
Perkins. Some of them were in Liquor, and some were not
Q. Did you ask Newbold how he came to have such Company in his House, or how he came to entertain such People at that Time of Night?
Perkins. I believe we did, but he made no Excuse then.
Q. What was he doing of?
Perkins. He was lying down on a Bench in the same Room, and pretended to be asleep; and when the Man complained that he was robbed of his Handkerchief, he did not take any Notice of it.
Q. Did you know any Thing of the Women before?
Perkins. I have known them these seven Years; they were common Women of the Town; they had used the House about a Twelve-month; I was called in there one Night; and they asked me if I would see a burning Shame, and one of the Women stuck a lighted Candle -
Counc. Let us have no obscene Descriptions.
Q. What have you to say for yourself?
Newbold. He never saw any ill Company in my House in his Life.
Q. Do you know Newbold, and where he lives?
Welburne. Yes, he lives in Love's-Court.
Q. What Sort of a House does he keep?
Welburne. He keeps a disorderly House.
Q. What do you know of his keeping a disorderly House, between June and September?
Welburne. I have gone my Rounds that way several Times, between June and September; I have called in between two and three in the Morning, and I never went in, but I found a Company of Women, and sometimes Men with them; and
Q. What did you see in the House at that Time?
Welburne. I did not go into the House then.
The Court was informed, that the Prisoner was committed the first of August, so that nothing affected the Prisoner, with regard to this Indictment, but what was done, from the 13th of June to the 1st of August.
Welburne. The Night the Prisoner was taken up, I went into his House between eleven and twelve at Night; and there was a Man in the House, who said, one of the Women had picked his Pocket of a Handkerchief.
Q. Was the Man drunk or sober?
Welburne. He was suddled.
Q. How many Women were there in the House?
Welburne. There were four Women, and the Man, who said, his Pocket was picked.
Q. What was the Prisoner doing?
Welburne. He was swearing and cursing at a very great Rate.
Q. Was this after you were in the House, or before?
Welburne. It was before I went in; I stood a little Time listening before the Door was opened, for I had a Mind to hear how they behaved - It is a little House, of one Room on a Floor, and it is shut up all Day long like a private House.
Q. Have you seen these four Women in the House, between the 13th of June and the 31st of July?
Welburne. Yes, I have seen the same Women there within those Times.
Prisoner. I said to this young Man, that he speaks of, who was in Liquor, that I would have him go Home.
Welburne. I heard him say to the young Man, he would have him go out, and not stay there.
Q. Was this before you went into the House, or after?
Welburne. It was after I went into the House; I did not hear him say so, while I was at the Door.
Prisoner. I was in Bed, and there were three Constables, and three or four Watchmen.
Welburne. We never go alone to these dangerous Houses.
Q. Have you been at the Prisoner's House, between the 13th of June and the 31st of July?
Jenkins. I believe I cannot bring it within so narrow a Compass as that Time.
Q. Was you at the House the Night he was taken up?
Jenkins. I was not at the Prisoner's House the Night he was taken up.
Q. How long before that was you in his House?
Jenkins. I was there within a Fortnight before.
Q. What Sort of Company did you find there?
Jenkins. I found very indifferent Guests there, almost naked, and drunk, and several of them lying in Closets and Holes.
Q. Were they Men or Women?
Jenkins. There were some Men, and some Women; they were very ragged Creatures; and himself was in Bed then, with a black Eye.
Q. Did you hear any Noise in the House then?
Jenkins. Yes, I did, or I had not gone in - they were damning their Eyes and Limbs, and swearing away in that black-guard Manner.
Q. Did you ever see these Women before?
Jenkins. I never saw them in the Streets, that I know off; they are not fit for the Streets, they are such poor ragged dismal Toads, and drunk; I believe they ply about George-Alley, and by the Ditch Side - I have been there several Times, and the Company used to be much of the same Nature, more or less.
Q. What Sort of a House does he keep?
Levit. He keeps a very disorderly House; when he was taken up, I was then brought to Bed, or I would have gone before the Alderman, to have complained of him - I have heard Company in the House all Hours of the Night, when we are awake - the House was continually disorderly, till the Time he was taken up - they used to make it a House of very bad Language, cursing and swearing, a great deal too much - sometimes till five or six in the Morning.
Catherine Dorrel . I lodged in the last Witness's House, I have oftentimes heard Outcries in the Night, d - ng their Eyes, &c. and one Night I saw the Prisoner beat two Men out of his House - between one and two in the Morning, - they were two elderly Men. - There are a great many Women that frequent the House; he beats his Wife, and beats the Women all round, and makes them all cry out.
Edmund Sharrock . In June and July I have often gone down the Court where the Prisoner lives, from ten o'Clock at Night till two or three in the Morning, and alway found disorderly People there, some up Stairs and some below; he has got a little By Place in the House, where the Men and Women resort to, - the Company is generally very drunk. - I know them to be common Women of the Town, because I have taken them up as such many a Time. - I have heard such Language that is not proper to be spoken, cursing, swearing, d - ng, and talking of Bawdy, and they frequently behaved in a very riotous Manner.
Q. What do you know of his Behaviour from the 13th of June to the 31st of July?
Winter. I cannot speak as to any particular Time, but till the Time he went away; we had frequent Riots and Disturbances; I have heard him say himself, that he kept four Does in his House.
Q. What do you think he meant by the Word Does?
Winter. Women of the Town, - Creatures who had scarce Rags to their Backs; I have heard Noises all Night long; I have heard too much cursing and swearing, and every thing that is obscene; I have it at my Door every Evening, as soon as it is dark; - the House is like a Hog-sty. They get drunk, and the Men and Women are like Hogs and Pigs lying together; the Place in general is very bad as well as his House.
Newbold. I go to work at the Water-side, and the Watchmen used to call me up at three or four o'Clock in the Morning, to go to work.
Mary Gilham . I never knew any Thing of the Prisoner, but that he was an honest industrious Lad; - I live at St James's, a Mile and an half from him. - I do not know what he may do now, I never knew him to do so before.
Jane Bradmore . I never knew any Ill of the Prisoner in my Life, - I live at St Botolph Aldgate, - I work at my Needle, and make Waistcoats and Ticken Breeches; his Wife is my own Daughter; I have lain there sometimes. and I never saw any Thing of these Disorders.
Q. Did you lie there in June or July?
Bradmore. No, I believe I did not.
Perkins. This is his Wife's Mother, she used to attend the Customers, and serve them with Liquor.
Bradmore. I never did in my Life.
Prisoner. I never gave him a misbehaved Word in my Life, nor an ill Word. Guilty .
Isabella Kendall . On Monday the 5th of September , Mrs Wingfield came to drink a Dish of Tea with me, I bid my Servant (the Prisoner) put the Things in Order for the Tea, and cut some Bread and Butter; she brought in some; says Mrs Wingfield, I desire a little more Butter upon the Bread. I called my Servant; said I, Dorothy, what Sort of Bread and Butter is this? You have not cut it as it should be; I spoke to her in a mild Manner for she never saw me out of Temper; to this she said it was well enough; I smiled at it, and shewed her the Bread and Butter, said I, is this fit to bring into Company; said she, What is the Matter with it? It is well enough. I went into the Kitchen, and asked her how she could serve me so; said she, Madam, you eat none yourself, and I think it is good enough for your Company. Why, said I, is it good enough? Do you know any Thing of my Company? Yes, said she, I know them better than you do, and knew them before you did; said I, it is very impudent in you to use my Friend in this Manner. When I went into the Parlour again, said Mrs Wingfield, Why do you trouble yourself about the Bread and Butter? I don't matter whether I have any: Said I, Madam, my Maid says she, knew you before I did, and knows you better than I do; said Mrs Wingfield, My Dear, with your Leave, I will go out and speak to her, and ask her how she came to know me, for I do not remember ever to have seen her. Mrs Wingfield went out of the Parlour, and presently I heard somebody cry out, I went to the Kitchen, and found Mrs Wingfield on the Ground, upon her Back, her Head rais'd a little Way off the Ground; said I, Lord, have Mercy upon me, what's the Matter; Mrs Wingfield said, my Maid had beat and abused her in a very gross Manner.
Mrs Wingfield. I went to pay a Visit to Miss Kendall; she ordered the Tea to be brought, and called for a Plate of Bread and Butter. I desired she would order her Maid to put a little more Butter upon the Bread; there was very little Butter upon it, and she brought it in, in a very unhandsome Manner; it seemed as if Children had been biting it. I smiled at the Bread and Butter; Mrs Kendall called her Maid in, and said, What is the Matter that the Bread and Butter is cut in this unseemly Manner? The Maid said, it was well enough; Mrs Kendall ordered her to cut some more, and that was cut much in the same Manner; said she, I'll go out, and speak to her about it; said I, Madam, don't trouble yourself; said Mrs Kendall, I can speak to her without being in a Passion; she went, and when she came in again, she told me, her Maid said, it was good enough for her Company; and that, she said, she knew me before she did, and better than she did; said I, I will go out and speak to her; I went to the Kitchen-Door, said I, pray, young Woman, do you know me? She came flying towards the Kitchen-Door, with a brass Ladle in her Hand, and said, D - n you for a Bitch, I don't know you, and I do not desire to know you; with that she fell upon me, flung me upon the Ground, tore my Cloaths, struck me, and beat me in a violent Manner with the Ladle, and, I believe, kicked me, but I cannot say positively, being in a Fright, whether she did or no; Lord have Mercy upon me; said I, my Sister ( Ann Grignion ) hearing my Voice, and that I cried out; she called to this young Lady (Mrs Kendall) and when they came, there was I lying upon the Ground, my Heels in the Kitchen, my Head in the Passage; said my Sister to the Maid, What have you done to my Sister? She then flew upon her, and fastened her Hands in her Hair - I was bruised so, that I have not been well a Day since.
Prisoner. I did not do any such Thing; here is a Woman that was in the Kitchen at the same Time, that knows, I did not; I have been in Goal six Weeks to Day for nothing at all.
Hannah Fewlis . I had lived with Mrs Kendall, and was there accidentally; when I came, I heard there had been some disobliging Words; my Mistress called to me to fill the Pot, and bid me cut some Bread and Butter; and by that Time I had cut four Pieces, Mrs Wingfield opened the Door, came into the Kitchen, and said, to the Prisoner, Do you know me? Or, how do you know me? I saw the Maid down in a Chair, and Mrs Wingfield was o'top of her.
Q. Did not you hear a Bustle?
Fewlis. Yes, there was a Sort of a Bustle, and presently Mr Waldo and Mrs Wingfield's Sister came.
Q. Was that at the End of the Quarrel?
Fewlis. No, it was at the Beginning of it.
Q. How long had Mrs Wingfield been in the Kitchen before you saw this?
Fewlis. I had cut one Piece of Bread and Butter.
Q. As you were cutting Bread and Butter, how could you see what they did?
Fewlis. Immediately upon the Lady's coming into the Kitchen, I turned my Face round towards them.
Q. What was the Maid doing of?
Fewlis. She was washing her Dishes - when Mrs Wingfield came in, she was rincing a Plate, and had just sat it down upon the Table; and when Mrs Wingfield asked her, whether she knew her, she said, Get out you Slut.
Q. What was done next?
Fewlis. I cannot tell what was done next, for then I turned about to cut another Bit of Bread and Butter.
Q. When the Maid said, Get out, you Slut, did you turn your Head from them?
Q. How long did this Fray continue?
Fewlis. It was only while I was cutting a Piece of Bread and Butter.
Q. Did not you hear a Crying out?
Fewlis. I heard no crying out, but only a Bustle.
Q. Well, tell us what you saw of the Matter?
Fewlis. I saw this Maid thrown down in the Chair, and Mrs Wingfield upon her.
Q. How did the Chair stand?
Fewlis. The Chair was quite thrown back. - Mrs Wingfield had hold of her, and Mr Waldo was striving to part them, and I went directly to them, and he said I will undo her Hands, and they rose up; and then there was the Lady's Sister, and an Apprentice came into the Kitchen; - All the Bustle was at once.
Q. What Part of the Room did you see them in?
Fewlis. It was all at one Place - just by the Kitchen Door.
Q. Where was the Defendant, when Mrs Wingfield asked her what she had to say to her?
Q. Then she went to the other End of the Room to Mrs Wingfield, and bid her go out of the Kitchen, and called her Slut ?
Fewlis. Yes, she did go to her, to be sure - I did not see any Ladle in her Hand - nor hear any Body cry out - nor see any Body upon the Ground; nor any Blows struck at all - there was no body in the Kitchen, besides me and the Maid, when Mrs Wingfield came in.
Hannah Pearson . This young Woman, before she went to live with Mrs Kendall, was my Lodger, she was a good Girl, and behaved in a very pretty Manner; I have known her a Year and an half, and all the Neighbours gave her a good Character.
Mrs Wingfield. Upon my Word, I did not see her down, for I was glad to get away.
Ann Grignion . I heard my Sister (Mrs Wingfield) cry out, and went into the Kitchen, and saw her lying upon the Ground with her Hands up; and, she said, Lord have Mercy upon me; I turned about to the Maid, and said, what have you done to my Sister; upon that she fastened upon me, tore my Cap off, twisted her Hands in my Hair, and did not let me go, till Mr Waldo came into the Kitchen - My Sister had got loose from her then.
Q. How did the Prisoner stand?
Mrs Grignion. She stood over my Sister with the Ladle in her Hand.
Q. Did you see the Maid down in the Chair, and your Sister upon her?
Mrs Grignion. No, she was not down at all, either in the Chair, or otherwise; Mr Waldo was called up to rescue my Sister from her.
Mr Waldo. I was below in the Shop, and hearing a Noise above Stairs, I went up, and found Mrs Grignion down on the Ground, and the Defendant's Hands in her Hair; and I did, with some Difficulty, get her Hands out of her Hair.
Q. Did you see the Defendant down in a Chair, and Mrs Wingfield upon her?
Waldo. No, she was standing up against the Wainscot. Guilty * .
* The Prisoner had withdrawn her Plea of Not-Guilty, and confessed the Indictment; the Evidence was given in Aggravation: The Court were inclinable to think the Prisoner was disordered in her Senses, or in Liquor; for it did not appear to them, that Mrs Kendal telling Mrs Wingfield, she was about parting with her Maid, Mrs Wingfield was recommending one to her; and the Servant being backward and forward in the Room, heard their Discourse: This however is said to be the Case, and will in some Measure account for this violent Outrage.
Thomas Freeman . I keep the Bell-Alehouse in Noble-Street ; there was a Letter brought to me on a Saturday Morning, by one Ford a Porter, as if it came from Mr Fletcher , to borrow five Shillings of me - I think it was about the 8th of July, and about eight o'Clock in the Morning - The Prisoner was at my House the Night before this Letter came to me - Mr Charles Fletcher is at my House almost every Day when he is in Town; the Night before this Letter was brought, my Wife was asking him when Mrs Fletcher came from her Lodgings at Tottenham.
Q. Did you pay any Money upon the Receipt of a Letter, which you supposed came from Mr Fletcher?
Freeman. I paid Ford the Porter 5 s. apprehending that the Letter came from Mr Fletcher.
To Mr Freeman, at the Bell in Noble-street.
Mr Freeman, I have Occasion for five Shillings, till I come Home, and beg the Favour of you to send it me by the Bearer; you know my Wife is at Tottenham, or I would not have troubled you; but as soon as I come Home, I will return the Favour, Your hum. Servant, Charles Fletcher .
Ford. The Prisoner came to me to the Bench at St Lawrence's Church, and told me he had got a Jobb for me, and I went with him into Maiden-Lane before I knew what he had for me to do; then he ordered me to go to Mr Freeman's, at the Bell in Noble-street, and give him this Letter; says he, Stay till he opens it, and he will give you five Shillings. Just as I was going away, he said, If he should ask you where you come from, tell him you come from Fleet-street; because the Letter is dated from Fleet-street; and when I came back, I gave him the 5 s. and he gave me Three-pence.
Q. Was there no Discourse passed between Mr Freeman, and you?
Prisoner. Pray did not Mr Freeman say the Fellow was a Fool that wrote the Letter, for he might as well have had five Guineas as 5 s. ?
Freeman. I did say so, but it was after such time that we had discovered the Cheat.
Prisoner. I would ask him whether or no a Gentleman of his Acquaintance, who was in the House when I was taken into Custody, did not say, that if Mr Fletcher had sent for five Guineas, he would have enquired a little sharper into the Matter; and what Answer he made to it?
Freeman. I believe I said, I question whether I should have sent them, the Letter coming from such a Person.
Q. Did you ever see the Prisoner in Mr Freeman's House?
Fletcher I saw him there the Night before the Letter was brought to Mr Freeman; he was sitting holding down his Head. Mrs Freeman and I were talking about Tottenham, and of my Wife's being there; she said, she had a Mind to go, and I told her, I was to go there the next Morning.
Prisoner. Did not you declare when some People were talking to you about me, that you should not have remembered my being at the House, but by my own Confession?
Fletcher. I remembered you by your Face, by seeing you there.
Prisoner. My Lord, I have another Indictment against me, I desire to know whether I shall make my Defence at one Time, or separately; for I can prove myself at another Place by my Witnesses.
Court. You may make your Defence now.
Prisoner. My Lord, I shall beg the Favour of a few Words, and I shall be as short as possible. I have had a large Family, a weak sickly Wife, and eight Children, and that run me behind hand in the World; I found that I was unable to pay my Creditors, and was resolved to go Abroad, and entered on Board the Prince of Orange Man of War, the 30th of June, and carried my Bedding on Board the 6th of July: I had an Acquaintance of mine who was-sat up in Shoe-Lane, and I was to do something there, but I lay in Bed till between nine and ten on the Saturday Morning. I do acknowledge I was at Mr Freeman's, on Friday Night; I called in casually as I may into any other Man's House; no body could say any thing to my Discredit or Discharacter upon it. I changed a Shilling, paid for a Pint of Beer, and went Home; I could not be a Witch or a Devil, to find Mr Fletcher's Christian Name out, if I heard his Sirname mentioned, and as to the Letter I know nothing at all of it.
Prisoner to Ford. Do you remember what Day you carried this Letter on?
Ford. It was on Saturday the 9th Day of July; you gave it me a Quarter before eight, as near as I could guess.
Prisoner. My Landlady came up Stairs into my Room, and opened my Door on Saturday Morning, at half an Hour after Nine, and I was asleep. I staid some Time, and then came down Stairs, and laid the Key down upon the Dresser; says she, how came you to lie so long? you will make but a bad Week's Work of it considering it is Saturday; said I, every Night is Saturday Night with me, for what I get in the Day, I receive at Night.
Eunice Corbet . The Prisoner lodged with us three Quarters of a Year, and paid us very honestly; he had been away from his Lodging some Time, and came to it again, and on Saturday the 9th of July, the Day this happened, Mr Field brought the Key of the Room down to me; said I, Mr Field, how came you to lie in Bed so long, when 'tis Saturday Morning? He said, every Day was Saturday with him now; for he received his Money every Night; so he hung up the Key, and went his ways out. - There were more People lay in the Room than him, but the last always brought down the Key.
Q. How many People lodged in that Room?
Corbet. Six. - I did not see him before that Morning; - I live in Crown-Alley in Moorfields, within one Door of Long-Alley, and keep a Lodging House for single Men. - There was one Grasty and one Gilbert lay in the Room, that Gentleman is dead that the Prisoner lay with - He never went to work till about eight o'Clock; for he is not an early Riser.
Prisoner. The Gentleman that I worked for, keeps a Publick-House at the Dial in Long-Alley, and does Business besides - He has not been out these six Months.
Prisoner. The Porter was threatened with a Warrant himself, if he did not find out the Person who sent him with the Letter.
Ford. After I had received the Money of Mr Freeman, I returned to the Bench, and about half
Prisoner. Was not you threatned to be committed if you did not find the Person out that sent you with the Letter ?
Ford. He did threaten me, but I said here's my Ticket, I don't care what you can do to me; but I said, I would endeavour to find the Person out.
William Handy I have known Ford the Porter almost three Years; I do not know much of him, he has used my House some time. I never heard any Ill of him.
Priscilla Adams . The Prisoner lodged with me at the Time that he is charged with this Thing; he was in my House that Morning at half an Hour after nine o'Clock, it might be after ten; he always behaved himself very honestly and very creditably. I have had a great many Lodgers, and never had any body to come up to him. - I do not know that he had a Wife; there were no Persons came after him.
Q. Was he out of his Bedchamber that Morning before the Time that you speak of?
Adams. I cannot say that he was.
Prisoner. This is my Landlandy; Mrs Corbet, the other Witness, is her Daughter. Guilty .
He was not tried upon the other Indictment
502 + Richard Burris was indicted (with Richard Morris , William Brislow , and Robert Carter ) for assaulting William Waller , in a certain Alley or open Place near the King's Highway, putting him in fear, and taking from him 4 s. in Money , May 25 .
[This and the following Trial came on at the preceding Sessions, but for want of Room were then omitted.]
William Waller . On the 25th of last May, about three o'Clock in the Afternoon, as I was coming along Black Boy-Alley , there were six or seven young Fellows together; says the Prisoner to one of them, Have you got any Corn for my Horse? (though he was on Foot) then, he said, D - n you here's a Baker, I will have some Bread for my Horse; says I, but I believe you wont; with that they gave me a Blow upon my Head, and knocked me down, and the Bread rolled about the Alley - The Prisoner is the Man that struck me first on the Head, with a short Stick; and after I was down, he put his Hand into my Pocket, and took out 4s. two Sixpences, and some Half pence; there was a Soldier five or six Yards before me; I got the Bayonet from the Soldier, and cut one of them down the Head; and then they began to be outragious; Ann Bird took me into a House; she said, Come in here, or you will be murdered; I was going over a back way; says she, Don't go over there. if you do you will go into Long Charles's Yard, and then you will be murdered
Nathaniel Eld . On the 25th of May, about three o'Clock in the Afternoon, I was coming down Black-Bay-Alley, at a small Distance from the Prosecutor; I heard a Noise, and saw the Prosecutor down upon the Ground, with his Basket by him; I went to his Assistance, and there came a Parcel of young Fellows about me, who threatened my Life.
Q. Was the Prisoner one of them?
Eld. I was so flustrated that I could not be positive to the Man, but I thought it was my best way to get off; William Waller laid hold of my Bayonet, took it from me, and cut one of them down the Head. As soon as the Baker got up, he said, he was robbed.
Prisoner. How long had I been took, when he said, I had robbed him?
Thompson. About half an Hour.
Q. Did you see any Thing that was done before that?
Britton. I did not see any Thing done; there were some Words passed.
Court. You say you saw Waller cut the Prisoner down the Head?
Britton. No, not the Prisoner, it was another Man; the Prisoner was not there.
Q. How do you know he was not there ?
Britton. I am sure he was not there - I saw the beginning of the Quarrel - There were a pretty many People there.
Q. What was the beginning of the Quarrel?
Britton. I heard them talk of Bread.
Q. Did you see Waller down upon the Ground?
Britton. I did not see him down - After he had cut the Man down the Head, he run along the Alley;
Q. What did he say when he came in? Did he say he had been robbed?
Britton. Not at first; he had been in the House some time before he talked of being robbed; and then, he said, he would swear a Robbery against them - I live in Black-Boy-Alley, my Husband is a Buckle-Maker.
Q. Did you see any Thing of this Quarrel?
North. I saw some-body hit the Baker's Basket, and he sat it down, and went to the Soldier, and took the Bayonet out of the Sheath, and struck one of the Men on the Head, and I thought he would have run him through the Body at first; he cut him on the Head, so that the Blood run down his Neck - I did not see any Body meddle with him.
Q. Did you see him down upon the Ground?
North. I did not see him down.
Q. Did not you see them throw Stones at the Baker?
North. Yes, I believe they did; and then the Baker, got into Mrs Britton's Yard.
Q. Did you see the Prisoner there?
North. Yes - no, I did not see the Prisoner there - I know the Prisoner, but I am positive he was not there at that Time - I live in Sharp's-Alley by Cow-Cross.
Waller. It is all the same Place.
Mary North . I lay-in at the same Time, and hearing a Noise, I opened the Window, and looked out; I saw the Baker throw his Basket off his Shoulder, and run to the Soldier, and drew the Scabbard out of the Sheath [Bayonet out of the Scabbard] and struck a Man, and made him run all down with Blood.
Q. Who did he strike?
North. I don't know, he was a strange Man.
Robert Field . I was standing at my own Door in Sharp's-Alley, against the Two Fighting Cocks, and saw the Baker quarrelling with two or three Men; he put down his Basket, and fell a fighting with them, and afterwards drew a Bayonet from the Soldier, and cut one of them over the Head.
Q. Was he down upon the Ground?
Field. He was not down - I did not see them above a Minute.
Q. Did not you see the Prisoner there?
Field. I did not see him there upon my Word.
Waller. He is a Money-Dropper.
- Dangerfield. I live in Sharp's-Alley; I heard the Man speak to the Prosecutor (not the Prisoner at the Bar) the Man said, What's become of your Fowls? The Prosecutor said, he that stole the Fowls was hanged; upon his saying that the Man was hanged that stole the Fowls, the Man struck him - I know the Prisoner, but he was not there.
Waller. He has been an Evidence, and has hanged three Men in this Court.
William Hawkins . I have known the Prisoner about half a Year, I never heard any Thing amiss of him in my Life. About seven Weeks ago, I was arrested by one William Palmer Hind; and this Baker came to me, and said, that I was the Man that robbed him; Hind said, Are you sure that's the Man, and he said, I am sure he is the Man; and afterwards, he said, if I was not the Man, I was very much like him; another Time, he sent a Soldier to me, and he did not know me, but he never came any more; so I went before a Justice, and was discharged.
William Palmer Hind. I had arrested Hawkins for a Note of his Hand, and when he wanted to be discharged, I was told I must not discharge him, for he was charged with a Street Robbery; said I, let me get my Fees before you charge him, which accordingly I did; and a Baker charged him with robbing him; he was carried before Justice Poulson, but the Baker could not make his Argument good; then there was a Soldier came, and he said, he believed he was the Man, but could not swear to any but the Man that was cut on the Head - Waller said, first of all, that Hawkins robbed him; and afterwards, he said, that he was not positive that he was the Man.
Tho Westcomb . The Prisoner is my Son-in-Law; I put him out Apprentice to a Cordwainer, and his Master was so cruel to him, that he was forced to go away, and leave him; I never knew him guilty of any such Thing; since he came from his Master, he has set up the Business of Shoe-cleaning, and any thing he could get to do.
Q. Was it Mr Waller or the Soldier that said that?
Westcomb. No; I said, I would rather that the House should fall down, and knock his Brains out, than he should be hanged.
Two other Witnesses gave him the Character of an honest Lad.
George Puckford . On the 10th of July I lost my Watch, just going into Well Close-Square; I went into the Blue Anchor Alehouse , to speak to the Woman of the House; and when I came out again, the Prisoner followed me from that Door to the turning going down into the Square; I went with her to her House , and when I was in, she shut the Door upon me, and said, You must make me drink; I put my Hand into my Pocket, to give her Three-pence; and, at the same Time, I felt her put her Hand to my Side - I had my Watch when I went into the House - I had not been in the House above a Quarter of a Minute - there was another Woman, but she was at the other End of the Room - there was no body near me but the Prisoner - as soon as the Woman came in with the Pot of Beer; the Prisoner took it in her Hand, and drank, Here, says she, take hold of it or I will throw it upon you, and she run away directly; I gave the Pot into the other Woman's Hand, and whipt out at the Door directly after her; I followed the Prisoner till she was out of Sight, and could not overtake her; somebody asked me what I would give, if they took her; I said, I would give half a Crown; and in about eight or ten Minutes Time the Prisoner was brought to me; she laughed at me, and said, Sir, I suppose you want your Watch; yes, said I, I do; then, said she, Sir, you must pay half a Guinea for it; I told her if I must pay half a Guinea, I would, and I told her I could go to the House that I came from, and get it, but they would not let me go; there was a Man in the Crowd that offered to lend me half a Guinea, but I would not accept of it: As soon as I saw her, I took her by the Arm, and held her, till a Constable took Charge of her; then she would have pulled her Apron or her Handkerchief off her Neck, and have given me in lieu of my Watch, she offered me both - from the Time I missed my Watch to the Time I saw her again, might be upwards of twenty-one or twenty-two Minutes - she said; she had pawned the Watch, but did not say where she had pawned it.
Thomas Webb . About the 10th of July last, I took Charge of the Prisoner in Well Close-Square; she was charged with stealing a Watch from Mr Puckford; I asked her whether she had the Watch or no; she said she knew nothing of the Watch, nor never saw it; I said, my Dear, I will go with you into the first Publick-House I come to, and if you know any thing of the Watch you had better tell me; I went into a Publick-House with her and searched her, but I found no Watch, only Three-pence Half-penny, which was tied up in the Corner of her Handkerchief. She said she believed Mr Puckford had been in Company with another Woman; I asked her again, whether she knew any thing of it; she said she would say nothing before such a Mob; I went with her into a private Room, and then she told me the Watch was pawned for Half a Guinea; - she said she did not pawn it, but she knew who did, and where; I came to Mr Puckford and told him the Watch was pawned for Half a Guinea, and that he might have it again paying the Half Guinea; he desired I would lend him Half a Guinea; I told him I had no Money about me; but a Friend of mine said, he would lend me a Guinea. Mr Puckford agreed, that I should go with the Prisoner to the Place, which was about two hundred Yards, it was the Sign of the White-Horse, (it is often called the Yorkshire-Gray ) in Rag-Fair, one Mr Smith keeps the House; it is a House where a great many of these People resort. When the Prisoner came into the House, she asked for the Watch; she whispered the People of the House, but I did not hear what she said; she said, if I would give the Money to any of the People there, I should have the Watch; but I would not trust the Money with them, for I did not know but the Money might be gone as well as the Watch; I gave a Guinea to the Daughter of the Man of the House to change, and I got the Watch from this Alehouse, and I paid a Shilling for Interest, besides the Half Guinea.
Q. What are Alehouse-keepers Pawnbrokers?
Webb. It was a Demand they made.
Q. Why, it had not been pawned above half an Hour.
Q. Was Mr Puckford in Liquor?
Silvester. He was not drunk, - he was neither drunk nor sober; he was middling.
Thomas Webb . (The Constable) Mr Puckford was very much in Liquor, and by all Circumstances, he had another Woman in his Company, before he was in Company with the Prisoner - the Prisoner told me so; she said, he had been upon the Bed with another Woman.
Jane Lee . I have known the Prisoner eight Years; she goes out buying and selling old Cloaths; her Father is a very honest Man - I never saw any Harm of her, but by buying and selling old Cloaths; I was always conversant with her, and lived in her Father's House - I live in Well Close Square.
Puckford. That is the Woman that fetched the Beer - I am very sure of it, and here are Witnesses will swear it.
Prisoner. There were three or four more Women with him. Acquitted .
The Case of William Chetwynd , Gent . (tried on three several Indictments, for the Murder of Mr William Rickets ) in which several Persons of Fortune and Distinction are interessed; wherein so many Gentlemen of Eminence in the Law were concerned; and which, on the Facts found specially on his Trial, is to be re-considered by all the Judges, is of such Importance that we are obliged to publish the same at length; which we shall accordingly do, as soon as an Affair which requires so much Circumspection can be settled.
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Jus Parliamentarium: Or, The Ancient POWER, Jurisdiction, Rights and Liberties, of the most high Court of PARLIAMENT. By WILLIAM PETYT , Esq; late of the Inner Temple, and Keeper of the Records in the Tower.
The LAW of EVIDENCE: Wherein all the Cases that have yet been printed in any of our Law Books or Trials, and that in any wife relate to Points of Evidence, are collected and digested under their proper Heads. The Third Edition, corrected, and brought down to this Time.
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The Elements of ALGEBRA, in a New and Easy Method; with their Use and Application, in the Solution of a great Variety of Arithmetical and Geometrical Questions, by General and Universal Rules.
To which is prefix'd, An Introduction contain ing a succinct History of this Science.
Extract from the Account of this Book in the Works of the Learned.
' The World has long complained of the Want ' of a proper Introduction to Algebrz. Some are ' so very concise, as if they were contriv'd not to ' teach but introduce a Teacher; others again are ' larger, but wrote with so little Condescension to ' the Understandings of such as are altogether unacquainted ' with the Science, that they are of very ' little Use to those who are most inclined to make ' use of them. Whence it comes to pass, that few ' find it practicable to make any Progress in Algebra ' without a Master, tho' certainly-the Science ' in itself is far from surpassing a clear Head, and ' a tolerable Understanding.
' The Design of this Treatise, which is of a reasonable ' Bulk, and which contains nothing which ' is not solid, and to the Purpose, is to assist such ' as are engaged in teaching Algebra with a regular ' Method, and a large Stock of Examples; to that ' their Scholars may find Employment in their Absence; ' and to enable such as live in Country. ' Places, and must consequently want all other Tutors, ' except Books, to acquire such a Skill in ' this Science, as may enable them to spend a Portion ' of their Time agreeably in the Cultivation of ' their better Parts, and in rendering a natural Method ' of enquiring after Truth habitual.
' The Treatise begins with a copious Explication ' of the Fundamental Principles of the Art, and of ' the Signs and Method of Notation used therein ' The Author then proceeds to the several Rules, ' explaining them carefully and copiously in all their ' various Cases; so that with a moderate Attention ' it is simply impossible for a Person, who desires to ' be Master of Algebra, to miss of his End.
' We never find this Writer advancing any thing ' out of its proper Place, or burthening the Mind ' of his Scholar with Rules, before they become necessary: ' He prosesses o have imitated the judicious ' Euclid in this Rebect; and he has done it ' with equal Art and Flicity. By this means he ' has delivered the young Student in Algebra from ' that which is usually be most fatiguing Part of ' the Science, viz. The Doctrine of Surds, in the ' Manner in which it usually taught. By the ' same Means he leads h Reader directly to Equations; ' and, by shewin him the Profit he is to
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This Treatise contains, The best Methods of draining wet Lands, either arising from their Situation or Springs. 2. Directions for burning Turf, Mole-Hills, and Clay, for the Improvement of such Lands. 3. The man Advantages that arise from boggy Grounds, by turning them into Plantations, according to the Nature of the Soil, and Situation of the Place. 4. Directions for making of Fifth-ponds, and Ditches so feeding or breeding of Fish, and carrying off the Water. 5. The Method of burning barren Land in North Britain.
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PHOENIX BRITANNIC: Being a Miscellaneous Collection of Tracts, Historical cal, Biographical, Satirical, Critical, &c. where as no where to be found in the Closets of the Intersperted with choice Pieces from original scripts. Collected by J MORGAN, Gent
This Volume consists of above seventy secure and curious TRACTS; among which are contained.
1. A Sermon no less fruitful than famous, by 133
2. The wonderful Year 1603.
3. A Narrative of the Proceedings at where the Lord C, Lord Gray, and Sir Markham, all attainted of High-Treason, were ready to be executed on the 9th of December, With His Majesty's Warrant for suspending their Execution.
5. The Danger wherein the Kingdom now standeth, and the Remedy. By the same Hand 1628
6. Vox Civitatis; or, London's Complaint. 1625
7. Protect of the House of Commons ( in 1628 against certain Infringments of the Court, &c
8. Remarkable Passages which occurred from the Meeting of the Parliament the 23d of January 165 to their Dissolution. Also a List of their Names who sat in the other House, so greatly design'd for a House of Lords, with a brief Description of their Merits and Deserts.
9. A most notable Speech concerning the other House. March 1659.
13. Count Gondomar's Transactions, during his Embassy in England, 1620.
14. A true and exact Naration of the miraculous Deliverance of Ann Green: Who, being executed at Oxford the 14th of December 1650, afterwards revived. Together with the Manner of her suffering, and the particular Means used for her Recovery.
17. The Life of Henry Welby , who liv'd at his House in Grub-street 44 Years, and-in that Space was never seen by any. And there died the 29th of October, 1636, aged 84. With many other curious-Articles.