Held at Justice-Hall in the Old-Bailey, On WEDNESDAY 23d and THURSDAY 24th of February.
In the 17th Year of his MAJESTY's Reign.
BEING THE Third SESSIONS in the MAYORALTY OF THE
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1744.
King's Commission of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.
BEFORE the Right Hon. Sir ROBERT WESTLEY , Knt. Lord-Mayor of the City of London, Mr. Baron CARTER , Mr. Justice BURNET, Mr. Justice DENISON, Sir SIMON URLIN , Knt. Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.
+ 140. Barbara Hensman , otherwise Harman , of St. Ann's Westminster , was indicted for stealing 9 silver spoons, value 4 l. 12 silver-handled knives, value 40 s. 12 silver-handled forks, value 20 s. one silver-handled knife, value 10 s. one silver-handled fork, value 5 s. a silver pint mug, value 40 s. and two holland shirts, the goods of Emanuel Deseret , and a pair of silver buckles, value 5 s. the goods of EliZ GOODWIN , in the dwelling-house of Emanuel Deseret , Jan. 20 .
Amey Deseret. On the 20th of January, after tea in the morning, this young gentlewoman, Mrs. GOODWIN, told me, that we were robbed, I asked her of what? she said, of two shirts and her buckles; I was very much surprized, and looked to see if we had lost any thing else, and I missed nine silver spoons, a dozen of silver-handled knives, thirteen forks, and a silver pint mug.
Q. How came you to suspect the Prisoner?
Deseret. She was my servant at that time, this was on Friday, and she was to have been discharged the next day; we took her the same day in our own house; I asked her, who had been there? she said, No body but her husband.
Q. Did she say, she supposed her husband took them?
Deseret. She did not say that.
Q. Have you got your goods again?
Deseret. I have not found any thing at all; the spoons and the pint mug were in her charge, and she had a place to lock them up in; she said, she did let a man in, but I don't think he could carry them off without her knowledge; she has owned since, that she took away three spoons in Christmas week.
ELIZ. GOODWIN. She confessed she carried out three of the spoons in Christmas week, and gave them to the man she called her husband.
Q. Did she say, any body else had been there?
GOODWIN. She said, no body had been there but her husband.
Q. Did not she say, that her husband must take them?
GOODWIN. She did not say so; I told her, if no body else had been there, he had stole them.
The Prisoner produced a Witness, who said, that she had lived with him as a servant, and always behaved herself well; and, by what he had heard, behaved well, wherever she lived as a servant, and believes she is a sober honest woman.
Another Witness said, she had known her all her life time, and that she always behaved herself well, and has lived in very creditable families.
Prisoner. I have lived in creditable good families, with great people, both here and in my own country (Holland) and they know my character, God Almighty take my soul! I am not guilty of this thing, indeed.
Guilty of stealing three spoons, to the value of 20 s.
John Filks . I keep the Bedford Arms Tavern in Covent Garden ; Mrs. Dyley brought the spoon home to my house; the top of it is broke off, but it is engraved round the spoon, Bedford Arms, Covent Garden. I saw the Prisoner there the night before.
Eliz. Dyley. I bought this spoon of the Prisoner, and gave her 5 s. 6 d. for it; and, as soon as I saw the writing upon it, my husband carried it home - I did not see that when I bought it.
Prisoner. I own I was at the gentleman's house that night, but I found the spoon as I was coming out of the house; I did not see any writing round the spoon, if I had, I would not have gone to have sold it, I would have pawned it. Guilty.The Jury recommended her to the Court for corporal punishment .
Mrs. Goodman. I perceived the stairs to be dirty with somebody's feet, and traced the steps up three pair of stairs, and found, by the marks of the feet, that somebody was gone into one of the rooms; I went in, but did not see any body. I opened a closet door, and there I found the Prisoner.
Prisoner. Did you see any thing in my custody?
Mrs. Goodman. I never did.
Joshua Malcher . Hearing somebody was in the house, I went up stairs into the room, and missed a pair of leather breeches, which hung by the side of the bed; I went into the closet, where the Prisoner was concealed, and found a coat and waistcoat lying partly upon a box and partly upon the floor, and my breeches under them.
Q. Might not they fall down upon the Box?
Bowler. Not very well - They might fall upon the box.
Mrs. - The box stood so far from the peg, that I think it impossible they could fall upon it. [The gentlewoman described it to be about two yards from the peg.]
Prisoner. I am an apprentice to the sea ; I have served three years honestly, and have got four to serve; I ran into the house to escape a press-gang, for, being in a sailor's habit, I was afraid of being pressed.
Bowler. He was not in a sailor's dress, he was in a livery.
Prisoner. Please to ask the Prosecutors whether there were not two or three sailors waiting to press me?
This was denied by the Prosecutors, who said they were at work in the yard, and if there had been any, they should have seen them.
The Prisoner said, Mr. Dalby, an Apothecary on Ludgate-hill, would give him a good character. Mr. Dalby was sent for, but could not come. A gentleman who lives there was sent for, who came and acquainted the Court, that he had known the Prisoner about three months, that he came over in the Hope; but could not say much to his character. The prisoner said, he knew that he had been entrusted with plate and things of value; but the gentleman said, he did not know any thing of it. Acquitted .
Thomas Rammell . Between eleven and twelve at noon, in Cheapside , as I was going towards the Exchange, the Prisoner put his hand in my pocket, and took out my handkerchief - I felt his hand in my pocket, saw his hand in my pocket, and saw him drop the handkerchief upon his shoes.
Rammell. Not an inch; I turned about, and took him directly. Guilty .
William Norman . I live at the Rose and Bird Cage in Woodstreet ; last Shrove Tuesday between eight and nine in the morning, I lost these two plates off a dresser in the yard; I have lost things several times, but this is the first person that ever I caught.
Edward Blakemore . The 7th of this month I went to Mr. Norman's, and called for a pint of purl; in comes this William Brown , and called for a pennyworth of purl, and I took notice of his looking up at the shelves and viewing the pewter; he went into the yard, to see a couple of cocks that were there, and when he came in again, I saw something in his breast like pewter; I said to him, Friend, I don't like you; I took hold of him, put my hand into his bosom, and took out these two plates. I asked him, what he did with those plates? he said, they were his own; but Mr. Norman and his wife said, they were theirs.
Prisoner. I had the plates of the maid; I desired her to lend them me, to fetch a slice of meat, because I had a friend coming to me - I don't know the maid's name.
Q. Do you live in that neighbourhood?
Prisoner. I was coming to live in it, at the sign of the Punch Bowl.
Q. How came you to put them into your bosom?
Prisoner. I had them under my arm.
Q. What are the words the prisoner said to you?
Blakemore. He said, What have you to do with them, they are my own plates.
Prisoner. I said I was going to fetch some meat.
Blakemore. You said no such thing.
Norman. He wanted to mix the plates with others, because I should not be able to swear to them. Guilty .
Joseph Wade . I am apprentice to Mr. Allen; the last Witness said, the Prisoner had taken a bar of iron out of the shop, I followed him directly; he went through Great Moregate, and took his way up into an inn joining to the Gate; I took him with the bar of iron upon his shoulder; and he said, he never did such a thing in his life before.
Prisoner. A man called me to carry a bar of iron for him, and they stopped me, and said it was theirs.
Q. Can you take upon you to say, this is your master's iron?
Wade. I cannot say it is my master's iron; the woman said she saw him take it out of the shop; this is the bar I took from him. Guilty .
Adam Bailey . Last Monday was a week, I was coming up by the Fleet Market , between eight and nine in the evening, and felt the Prisoner's hand in my pocket; I turned round and took hold of him, and saw him put my handkerchief under another man's coat.
Q. Did you see him put it under the other man's coat?
Bailey. I saw him do it, but I did not see the other take it; the other was in custody, but the bill is not found.
Prisoner. As soon as he charged me with taking the handkerchief, I bid him search me, for I had no such thing about me. Guilty .
William Oram . On the 17th of January in the evening, a Grocer in Fleet-street, asked me, if I had not been robbed, I said, I don't know, he told me, the Prisoner brought a pound of nutmegs to him, and offered to sell them for 18 d. that he told him, it was too little, and the Prisoner said, then give me two shillings; but he would not buy them. The next time the Prisoner came to my house, I challenged him with taking those nutmegs, and bid him bring them again; he protested he had not seen a nutmeg these twelve months; then said I, go out of my house (he is a chocolate-maker, and works for me) for you shall not work for me any more; he said, it was very hard that he must lose his work for a man's saying, that he carried him some nutmegs, and would not go; so
Q. Did he confess that he took them?
Oram. He confessed that he took them out of the cellar in my house, and carried them to a shop in Holborn, somewhere by the Turnstile, and sold them for three shillings, but would not tell me to whom.
Prisoner. I found the nutmegs in the street, and did not know the value of them: I was in liquor, I do not know what I said then.
Q. You say you found them in the street, what did you do with them?
Prisoner. I sold them to a man, but I don't know his house.
Q. Did you miss these nutmegs?
Oram. No I did not miss them, there were 60 or 70 pound weight in a cask in the cellar, the key was left in the cellar-door, and, I suppose, he might go down for some beer, and then take them.
Q. Have you any body to your character?
Prisoner. My master will give me a character.
Oram. Before this thing I took him to be as honest a fellow as any in England, he made a thousand weight of chocolate for me last year, and was to have made a thousand more; he has worked for me five years: he offered to sell the person, to whom he offered the nutmegs, as much chocolate for half a crown a pound, as he would have. Acquitted .
148. Jane Aspley , otherwise Dalton , of St. Mary Whitechapel , was indicted for stealing a camblet gown, value 5 s. two aprons, value 2 s. 6 d. a pair of shoes, value 12 d. a pair of stockings, value 6 d. a petticoat, value 12 d. and four shillings and a halfpenny in money , the property of Matth.ew Wood , Feb. 15 .
Mrs. Wood. When she was taken, she said she had pawned my gown for two shillings, and an apron for six-pence; the other apron, stockings and shoes, she had on when she was carried to the gate-house; but I found afterwards that she had sold my gown for four shillings, and my apron for a shilling.
A lodger in Mr. Wood's house proved that the Prisoner at first said before the Justice, that she had pawned the gown and apron, and afterwards confessed she had sold them. Guilty .
Mrs. Burroughs. I saw the Prisoner come into the shop, and take away a bladder of hogs lard. I stood at the end of the counter, while he was in the shop, but was very much frightened, because I had no body in the house but mysel f. He looked me full in the face, and went out with it. It was near a quarter of an hour afterwards before I could send for my husband: I described the Prisoner to him, and he was taken up about nine o'clock at night; I am positive he is the man, because I have known him some years; he looked like a guilty person.
Samuel Burroughs . My wife sent for me home, and described the Prisoner's person and clothes to me: I got a constable, and he informed me, if I would go into Black Boy Alley, we might probably find him; we went there, and found five or six of them scolding and fighting together: when they saw the constable, three of them run away, and we took the Prisoner and another; when my wife saw him, she said, that is the man.
Prisoner. I was then in Chick-Lane, hearing some girls singing of ballads; I believe they will come to my character, and prove where I was at that time.
The balled-singers were called, but did not come to the character of the Prisoner. Guilty .
Q. Did she take it in the shop, or out of the shop?
Miles. She took it out of the shop, without coming into the shop. Mr. Matthias's maid-servant saw the Prisoner peep into the shop, as she supposed to see if any body was there to observe her, and saw her take it out of the shop window; then she went to call her master, who was in the neighbourhood, and met the Prisoner with it under her apron. Guilty of single Felony to the value of 4 s. 10 d.
Susanna Higgs . I live with Mrs. Crane, at the five bells at Bow ; on Saturday morning, before my mistress was up, the Prisoner came in, and called for a pint of drink, and took the pestle and mortar off the mantle-piece, and went away with them;
Q. What did he say, when you charged him with them?
Higgs. When I took hold of him, I said he had got them; he said he had not, and I said I was sure he had them, but whether he had, or had not, I told him he should go along with me; he went back with me to the house, and I took the mortar out of his bag, and the pestle out of his pocket.
Prisoner. I own I was in the house, and called for a pint of ale; and when I was gone, a man came running after me, and desired I would hold them for him, which I did; and this gentlewoman came after me, and charged me with taking them. Guilty .
George Jennings . Last Saturday, about 10 a clock at night, as I was going home to my master's (Mr. Haddock, who keeps a bagnio) the Prisoner picked my pocket of half a guinea in the Strand , between Hungerford and St. Martin's Lane.
Q. How did she do it?
Jennings. She took hold of me, put her hand into my pocket, and took out half a guinea, and some silver. - I caught her hand in my pocket.
Q. In what pocket?
Jennings. In the right-hand pocket of my breeches.
Q. Did she take it out of your pocket?
Q. Did you find her hand in your pocket?
Q. What, before she had taken the money out?
Q. When did you miss the money?
Jennings. I missed it directly.
Q. What, before her hand was out of your pocket?
Q. Do you put your gold and silver together?
Jennings. It was together then.
Q. How long before was it that you saw your money?
Jennings. I felt it as I was coming along.
Q. How long was that before?
Jennings. Just before.
Q. How much had you in your pocket?
Jennings. I had in all about 14 s. half a guinea in gold, and the rest in silver.
Q. What pieces were they?
Jennings. They were shillings.
Q. Were they all shillings?
Q. Had you ne'er a six-pence?
Jennings. Not to my knowledge; I had changed a guinea at the Ship in St. James's-street, and had my full change.
Q. You should have had more money, what did you do with the rest?
Jennings. I paid some money there, and I had been drinking, and had spent some money.
Q. How much had you spent?
Jennings. I believe nine pence, for three pots of beer.
Q. Nine pence was a pretty deal, was not you disguised in liquor?
Jennings. Very little, if any thing.
Q. Did you find your money?
Jennings. I found it in her hand.
Q. Why did not you take it from her?
Jennings. I could not open her hand; I called the watch, and secured her.
Q. Did you ever retrieve your money?
Jennings. No, I never did.
Q. What did she say when you had called the watch?
Jennings. She said, she had only taken a halfpenny from me, and she would give it me again, and I said, I would not take it; I had her to the watch-house, kept her there all night, and the next morning had her before a Justice, and then she owned she took a halfpenny out of my pocket, and no more.
Prisoner. Did not you offer me three pence at the water side, if I would oblige you?
Jennings. No, I did not.
Prisoner. You said so at the watch-house.
Jennings. By virtue of my oath I did not.
Prisoner. Did not you pull me and haul me about, and wanted to have to do with me?
Jennings. By virtue of my oath, I did not.
Prisoner. You said you had been spending of money, or you would have given me more.
Jennings. By virtue of my oath, it is false.
Q. Upon what pretence did she come up to you? Did she speak to you?
Jennings. Yes, she came to pick me up.
Q. What space of time was there from the beginning of this transaction to the end of it?
Jennings. It might be a minute or thereabout.
Q. Did you pick her up, or did she pick you up?
Jennings. She picked me up; when she came up
Q. Was she searched?
Jennings. No, she was not searched, for when I proposed searching of her, she said, if she had three or four half guineas about her, what was that to any body.
Prisoner. I was coming from my mistress's where I had been at work, by St. Martin's Lane; he asked me to drink, I said, No, I will not; then he said, he would give me three pence if I would go with him under the gate-way; I said, I did not value his three pence; he said he had been spending money, or else he would have given me more; and because I would not go with him, he d - d me and called me bitch, and charged the watch with me in a minute. Acquitted .
Joseph Inglish . I keep a publick house in Whitechapel ; the Prisoner came and called for a pint of beer, and while I was gone up stairs, he took a bag of halfpence out of a cupboard, and a man, who was in the house, and saw the Prisoner take it, called me down, for fear he should be blamed. He asked me, whether I missed any thing; I looked round about, and did not miss any thing; he bid me look in the cupboard, and when I looked there, I missed a bag of halfpence, in which were six shillings and eight pence halfpenny; he brought a punch bowl to my house the Friday before, which he had stole from another place, and I gave him a shilling for it.
Q. Did you take the Prisoner immediately upon this?
Inglish. I took him immediately, he never was out of my house.
Edward Wall. I am a Headborough; I was sent for to Mr. Inglish's house, and charged with the Prisoner for robbing him of a bag of half-pence, which I have here; I asked him how he came by them; he said, he took them out of a cupboard in Inglish's house. Guilty .
+ 154. Charles Cleaver , of St. John Wapping , was indicted for assaulting Abraham Constable , in a certain open place, called Brewhouse-Yard , near the King's Highway, putting him in fear, and there taking from him an iron cork-skrew, value 1 d. a pen-knife, value 6 d. and 10 s. in money , the property of the said Abraham Constable , Jan. 3.
Abraham Constable . On the 3d day of Jan. being Tuesday, about ten o'clock at night, as I was coming from the Ship-Tavern at the Hermitage to my house in Burr-street (I had a person with me with a candle and lanthorn) passing through Brewhouse-Yard, I was overtaken, or rather run after, by four lusty young fellows, who bid the person that carried the lanthorn put out the light (they run after me so great a pace, that I thought at first it had been a press-gang, and stood up to let them pass by) the man not being so ready to put the light out as they would have had him, or not readily finding the door of the lanthorn, one of them knocked the man down, and the lanthorn fell and broke all to pieces; one stood before me, and the other two stood one on each side of me; and I think they had pistols; but as it was dark, the light being out then, I could not see whether they had pistols or not; they rifled my breeches, and took from me ten shillings, a pen-knife, and a tobacco-stopper and cork-skrew; they detained me near two minutes,- and I thought they would have used me with more roughness; for they demanded a watch of me, and searched me very narrowly for a watch, but I had none; they then bid me go the way I came, and said, if I offered to follow them, they would blow my brains out; upon that, I returned to the tavern from whence I came, and was very much frightened; the next day I heard there was a person taken on Tower-Hill the same night that I was robbed; and was sent for by Justice Dennet, who then had Francis Sherlock before him under examination, to look at the person, to see to see if I knew him to be one of the persons that robbed me.
Q. How came you to be sent for?
Constable. A man was brought before Justice Dennet, for knocking down a Gentleman on Tower-Hill, and the Justice, hearing that I had been robbed, sent for me to know whether he was one of the persons that robbed me; when I came there, I had great reason to believe, that he was one of them; but as it was so dark when I was robbed, I could not be sure.
Q. What was the name of that person?
Constable. His name is Sherlock; when I was with him, I thought there was more in his voice to know him by than there was in the sight of him; for the candle in the lanthorn was so soon put out, that I had not time to get a full view of them; but Sherlock confessed the fact before the
Q. Did not you take them up upon this?
Constable. Sherlock was sent to New Prison, and great search was made after the other three; but we have heard they were sent out of town, went from place to place, and have got on board the privateers, so that they are not to be found. The Prisoner was taken three or four days ago in St. John's Street; I observed so much of them, that they were all well dressed, genteel, young fellows; the Prisoner was in much the same dress as he is now.
Q. What makes you think the Prisoner was one of the persons?
Constable. He seems to be about the same size; they were young, and active; but he has no particular mark that I can swear to him by.
Q. Do you know any thing of the former witness, Mr. Constable?
Q. Had the Prisoner at the bar any concern in attacking, and robbing him?
Sherlock. On Monday night, the second or third of January, I cannot tell which.
Constable. It was Tuesday in the evening.
Sherlock. I may be mistaken as to the day.
Q. Who were with you when you committed that robbery?
Q. Where was Mr. Constable, when you pursued him?
Sherlock. He was coming along Brewhouse-yard, at the upper end of new Hermitage Street.
Q. Who went up to him first?
Sherlock. Rocket was the first that overtook him.
Q. Who was it that knocked the man down that had the lanthorn?
Sherlock. It was myself, I did not knock him down, I shoved him down.
Q. Was the Prisoner at the bar with you at that time?
Sherlock. Yes, Neagle was before him, Rocket at his right-hand, and Cleaver at his left; and I had hold of the man at the same time.
Q. Who rifled him?
Sherlock. Cleaver and Rocket.
Q. What did they take from him?
Sherlock. There were twelve shillings divided between us, the money all in six-pences, but two shillings; a little pen-knife, and a tobacco-stopper and cork-screw in one; Neagle had them.
Q. What time o'night was this?
Sherlock. About nine or ten o'clock.
Q. Where did you go afterwards?
Sherlock. I was stopped by a gentleman on Tower-Hill; but we went into the Minories first, and divided the money, and we gave Cleaver a shilling to take the hanger out of pledge.
Q. How came you to be stopped on Tower-Hill?
Sherlock. As we were going over Tower-Hill, Neagle stepped out of the road, and knocked a gentleman down.
Q. Did you all four go there?
Sherlock. We all four went together, and coming over Tower-Hill, Neagle and Rocket quarrelled, because Neagle said, they (Rocket and Cleaver) had got some gold from Mr. Constable, and he was going to fight them with a pistol; going up the hill, a gentleman ++ was coming along with a cloak on, muffled up, (for it was a cold night) Neagle struck him; I said, You rascal, what do you strike the gentleman for? he did not meddle with you: and I believe he was a little stunned; then they three run away; and I did not think he knew any thing of our being concerned in the other affair, or else I could have made my escape too, but I took his part, because no harm should come to him, and I was taken and carried to the watch-house.
++ Mr. Willoughby was knocked down on Tower-Hill, so 'tis probable it was him; but the witness did not mention any name.
Q. How long had the Prisoner and you been acquainted?
Sherlock. About two years; but I never went with him or them upon such an account before that night +.
+ He was concerned with them in robbing Mr. Pidgeon, 30th of December, by his own evidence, as appears by the next Trial.
Prisoner. What place did we set out from that night?
Prisoner. Was this the first robbery you committed?
Sherlock. No, the first robbery was that of Mr. Pidgeon in St. Catherine's.
Sherlock. We did go to St. Catharine's, and were waiting to rob one Esquire Wynn; but missing of him, we met with Mr. Constable in the mean time.
Prisoner. It is true indeed I did go out that night with that gentleman the evidence, and he said he was going to a public house to Mr. Wynn, to borrow a little money of him; and he said he was sure of getting some liquor, if he did not get some money; and we met at this Rocket's house, and set out about six o'clock that night. He asked me to go down with him to St. Catharine's, for he did not care to go without company, for fear of being pressed. At last he prevailed upon me to go with him, and I did go. I went to see an acquaintance of mine in St. Catharine's, and staid with her till ten o'clock, and happened to meet these three persons: I asked them how they did, and where they had been, but they did not care to tell in particular where. We went into the Minories to drink, and when we came into the house, Rocket pulled out some money, and so did Neagle; I think it was about three shillings apiece.
Q. Had you no part of it?
Prisoner. I had not a farthing, only a shilling to get the hanger out of pawn; and Neagle said to me, if I would go to his lodging, at the Fountain and Shovel in Thames Street, he would make me drink; and he said, I can tell you what passed at Tower-Hill, for I was present with them: I did not think I should have been tried, till the person who they say is taken, is brought to London; or I should have been able to have made a better defence. Guilty Death .
155. + Charles Cleaver , was a second time indicted for assaulting Richard Pidgeon on the highway, in the parish of St. Botolph Aldgate , putting him in fear, and taking from him one guinea, and one shilling, and three pence , Dec. 30 .
Richard Pidgeon . On Friday the 30th of December, I was going home from St. Catharine's into Burr Street , where I live; and going cross the way from the King's brewhouse, I saw four men standing and laughing; as I passed them, one of them took hold of me, and asked me what ship I belonged to: I answered them, what was that to them. Then another came up to me, and told me, I must go before their officer: I walked about four or five steps, and their officer, as they called him, came up to me, and put a pistol to me, and told me, if I opened my mouth, he would blow my brains out, and demanded my money: I told him, I had very little: They rifled my pockets, and took a guinea, a shilling, and some half-pence.
Q. Did you see any of them so as to know them again?
Pidgeon. I thought I should know the first per son that came up to me again; which was Sherlock. The Wednesday following, Mr. Willoughby sent to acquaint me, that he was stopped the night before, and the person was taken, and desired me to go to the Tower prison, and see if I knew him. I went to the Tower prison, Sherlock was sitting by the fire-side, and I pitched upon him immediately, though I believe there were twenty people in the room.
Q. Was there any light when you were robbed?
Pidgeon. There was some light; and a little girl took me for her father; and she stamped, and cried, Oh lah, Oh lah, what do you do to my father? Then he that had his hand in my pocket, put his hand into his pocket; and I was afraid it was to take out a pistol to shoot the girl.
Francis Sherlock . On Friday night, the 30th of December, about seven o'clock at night, Neagle, Cleaver and Rocket were at my house in Jerusalem Court, and we went to a public house in St. John's Square, they asked me, if I would go out upon such an affair: I said, I did not care to do it; and they told me, I was a coward; I said I would go with all my heart, rather than they should charge me with that. Accordingly we went into Bishopsgate Street, drank some slip, and then went into Stepney Fields, and met a boy with a link; I saw some other peopl e, we followed them, and came up with them; and when we came up with them, we found they were not worth any thing, so we did not speak to them; we did not meet with any thing. Then we went to St. Catharine's, and met captain Pidgeon; I knew him a captain of a ship in Holland, when I was mate of a merchant-man.
Q. Could you see him so as to know him?
Sherlock. I had some knowledge of him, though I did not know him certainly; but I knew him when I saw him afterwards.
Q. Who went up to him first?
Sherlock. Neagle and Rocket run after him, and asked him, What ship? Cleaver and I were together, at a distance. - No body attacked him but them two, and they robbed him of a shilling, and some half-pence.
Q. Was not there a guinea?
Q. How far was you from him?
Sherlock. I was about seven or eight yards.
Q. Did Cleaver go up to him?
Sherlock. Cleaver did not go near him, nor I neither. - Neagle and Rocket run after him.
Q. When Neagle and Rocket run after him, you stopped, did not you?
Sherlock. When we first saw him, we were all four standing together; and then they two run after him, and stopped him.
Q. What became of the money?
Sherlock. We spent the money at a night-house in Newgate Market.
Q. How much money had you?
Sherlock. There was but seventeen-pence half-penny. - Rocket might keep the guinea for what I know.
Prisoner. Please to ask him, whether I had any part of the money?
Sherlock. Cleaver was not at the spending of the money; there were only three of us.
Q. Where was Cleaver then?
Sherlock. He was not well, and he said, he would go and buy some barley-sugar, or something for his cold; he said he would come to us, but he did not come.
Prisoner. I know nothing of this robbery; indeed I did go out with them, and I saw them speak to a gentleman, and they had something in their hands, but I was gone to knock at a gentleman's door a stone's-throw off: they asked me to go with them to Newgate Market, but I found they were for striking and abusing people as they went along, and I would not go with them; so I went to a pastry-cook's shop to buy some barleysugar, and then home. Guilty Death .
+ 156, 157. Thomas Petty and Edmund Smith , of St. Clement Danes , was indicted for assaulting Humphrey Nightingale on the King's highway, putting him in fear, and taking from him twenty three bottles of Hungary water, value 12 s. and a silk handkerchief, value 1 s. the goods of Humphrey Nightingale , Dec. 19 .
Humphrey Nightingale . On the 19th of Dec. last, about six o'clock at night, I was stopped and robbed by the two persons at the bar, at the end of Wych-Street , of twenty three bottles of Hungary water, tied up in a silk handkerchief. Petty seized me by the collar with one hand, and the parcel with the other, and said, D - n you, give me your parcel. I said, I would not; he said, D - n me, he would have it; and I don't know but I might say, d - n him again; then Smith came and said, D - n you, we will have it; he held a stick of an uncommon size over my head, and repeated many oaths, which put me in fear, and I did deliver it. Petty had hold of the parcel all the while; as they were going off, I cried out help! I recovered myself a little, and got Smith by the collar; and finding myself a little stronger than him, I got him into a Butcher's shop, that was pretty near, and desired somebody to get a Constable; Petty got from me, but I secured Smith, and carried him before a Justice, and I said, he was one of the two men that robbed me, and he denied the taking the goods.
Q. Did they make any excuse in the butcher's shop, when you charged them with it?
Nightingale. They did not say any thing, they made no excuse.
Council. Had you your goods again.
Nightingale. My brother has them, he took them from the Justice's.
Q. When you first met the Prisoners, upon your oath, did not they tell you what they were? Did not they tell you they were Excise Officers?
Nightingale. Upon my oath, they did not.
Q. When did you first hear that they were Excisemen?
Nightingale. It was before the Justice.
Q. Did not they say so to you in the street?
Nightingale. No, upon my oath, they did not.
Q. Did not they say, they were Excise-men, or belonged to the Excise-Office, and desired to see your parcel?
Nightingale. No, nor did they give me the least reason to think they were Officers of the Excise.
Q. Did not they produce their deputations before the Justice?
Nightingale. Not that I remember.
Q. Where had you been then?
Nightingale. I had been at Mr. Pelleret's in Lime-street, and had bought some Hungary water; and going home, I called upon Mr. Sandys, a dealer in tea, on Ludgate-hill.
Q. Are not you a dealer in tea?
Nightingale. Yes, I am.
Q. Then did not you know the Prisoners?
Nightingale. I never saw them before that time in my life to my knowledge.
Q. You say, you were in a Butcher's shop with the Prisoners; don't you know the Butcher's name?
Nightingale. No, they did not.
Q. Did they ask you for your money, or any thing else besides your handkerchief?
Nightingale. No, nothing else.
Q. Who carried it into the Butcher's shop?
Nightingale. Petty did.
Samuel Lee . On the 19th of Dec. I was coming down Wych-street; there was a crowd at a Butcher's shop, I enquired what was the matter, and they told me, a gentleman was robbed. I went in and said to Mr. Nightingale, Are you the gentleman that was robbed? and he said, Yes. I went for a Constable, and he charged the Constable with Smith.
Q. What became of Petty?
Lee. He pretended to go for a Constable, but did not return again. Another Excise-Officer (as I was informed) said before the Justice, that he believed he could light of this Petty, and said, he would step out and see for him; he went out and returned again in about a quarter of an hour, and brought Petty along with him.
Q. Had they any deputations?
Lee. They pretended to snew some deputation before the Justice.
The Justice's Clerk. Smith said he was an Excise-Officer, and that he seized the parcel as run goods - Petty denied the taking of the goods - They offered to produce deputations; I cannot say they did produce any.
Lee. The Justice said, that the Prisoners swore directly contrary to one another.
Q. What did they say?
Lee. I can't tell justly.
Q. Then how can you say they differed in their accounts? Tell us the sum of what they said?
Lee. I cannot very well remember what was said.
Q. Did Petty deny the fact before the Justice?
Lee. No, to the best of my remembrance he never did deny it. [The Justice was of opinion, when they were before him, that it was not a robbery; and directed the Prosecutor to prefer a bill at Hicks's-Hall for an assault.]
The PRISONERS DEFENCE.
Thomas Unwin . I am Clerk to my brother, who is an Attorney. On the 19th of December, as I was going along the back-side of St. Clement's, Mr Nightingale came by, with a bundle under his arm; the two Prisoners came up to him, and said, they suspected that he had got some run-goods, and desired to see what he had in his bundle.
Q. What did Nightingale say?
Unwin. He said, If you molest me, I will swear a robbery against you; they took the bundle away, and they all went into a Butcher's shop by the Angel, the back-side of St. Clement's.
Q. What passed in the shop afterwards?
Unwin. I did not go in; I only saw the two Prisoners and the Prosecutor go in together.
Q. Did the Prosecutor, Nightingale, demand to see their deputations?
Q. Did they tell him they were Excise-Officers?
Unwin. They told him, they were Excise-Officers.
Prisoners Council. I never heard any thing of this before.
Prosecutor. Nor I neither.
Thomas Wilson . The 19th of Dec. in the evening, the two Prisoners and Mr. Nightingale came together into my shop; Mr. Nightingale had a handkerchief in his hand - I cannot say but Mr. Smith might have hold of it with one hand; and Nightingale put it upon the window himself. Mr. Smith said, they were Excise-Officers, and had been at Ludgate-Hill to see after some run tea; Nightingale was for sending for a Constable; and Smith bid Petty go and fetch a Constable; and Petty went for a Constable, but did not bring any.
Q. Was Nightingale close to him when he said they were Excise-Officers?
Wilson. Nightingale was as near as I; he might have heard, for my wife and I heard.
The Justice declared, that when the Prisoners were before him, they prosessed themselves to be Officers of the Excise, and showed their deputations.
A worthy Alderman of this City said, he has known Petty about ten years, and always took him to be a very honest young man; and from the knowledge he has had of him, believes him to be incapable of committing a dishonest or an unjust act.
Justice Engier said, he has known Petty eight or ten years, believes him to be as honest a man as any in England, and that he would not do such a thing for the world.
There was one person called to the character of Smith, who has known him from three or four years of age, and says he has a very honest, just, fair character. Acquitted .
158. Ann Pye , of St. Mary le Bon , was indicted for the murder of her male bastard child, by throwing it into a necessary house filled with excrement and other filth, by which the child was choaked and suffocated, and thereof instantly died , Jan. 11 .
There was no indictment on the Coroner's inquisition, and no Prosecutor appearing, she was acquitted .
+ 159. Thomas Wyton , of St. Clement Danes , was indicted for breaking and entering the dwelling house of George Stringer , about the hour of four in the night, and taking a metal watch, value 3 l. six silver clasps for stocks, value 20 s. five yards of dimithy, value 5 s. one ring set with stones, value 1 s. an iron key, value 2 d. and 15 l. in money, the property of George Stringer , a silver watch, value 3 l. the property of Thomas Jones ; a silver watch, value 3 l. two silver seals, value 3 s. a gold seal, value 12 s. a gold ring, value 12 s. and a pair of silver buckles, value 10 s. the property of Charles Day , Jan. 11 .
George Stringer . I am a Broker , I live in Drury Lane ; on the 11th of last month, when I went to bed I left my house fast, and when I got up, at eight o'clock next morning, it was broke open, the bar of the window was taken away, and the pin I found in the middle of the shop; the till was taken away, and all my watches and money; there were three watches, and fifteen pounds in money.
Q. Whose watches were they?
Stringer. One was Thomas Jones 's, another Charles Day 's - They were pledged to me; and the metal one was my own. - I went to some of our business, to desire that if any of those things that I lost (of which I gave them an account) were offered to them, they would stop them; the Prisoner had given the sustian to a Taylor, to make into waistcoats; one waistcoat is made up, and another cut out; these are the waistcoats. Mr. Bowers, a Broker, sent for me to acquaint me, that the Prisoner had offered to pledge this large metal watch for eight guineas; I went there, the Prisoner was then in his shop, and this watch was lying upon the counter.
Q. When you saw the watch, did you say any thing to the Prisoner?
Stringer. I asked him, who he had it of; he said, if I would get a Constable, he would shew me who he had it of; and he staid in the shop till I got a Constable; when the Constable came, I told him, that is the man my watch was found in the possession of, and carried him before Colonel De Veil.
Q. Did the Prisoner show you who he had it from?
Stringer. He sent for two or three people, but no body could give any account of him; I was informed, that Mr. Jones's watch was at my Lady Mordington's, who keeps a gaming table; and the Colonel sent for it; and one Griffiths, who waits at the gaming table, brought it; the other watch I could not get again; the waistcoats were shown before the Colonel, and the Prisoner owned they were my goods; he said, he broke into my shop, and let his accomplices in at the door; that they had four pound a-piece in money; and that he had dipped into the bag of halfpence, to the amount of about a guinea.
Richard Read , the Constable, produced a watch, which he said was brought by the servant at the gaming-table; some silver clasps and a key, which he took out of the Prisoner's pocket, and two rings; all which Mr. Stringer said were taken out of his shop.
Q. What did you lend him upon it?
Bowers. Nothing, for I stopped it, because. I took it to be part of the goods Mr. Stringer had lost, and apprehended the Prisoner.
Q. What is the value of the watch?
Bowers. It is not worth three pound, but I suppose he took it for a gold one.
Justice De Veil. The Prisoner when he was before me did acknowledge he was the person who broke open the shop, and let all the persons in who were concerned with him in this robbery: Those two watches and the key were produced before me.
Prisoner. I know the key and the metal watch were found upon me; I can tell how I came by that watch; I did go to Mr. Bowers, and asked him to lend me eight pound upon the watch; I can prove how I came by all the things: The silver watch is my own, I broke the minute hand of it myself. Pmy ask the Prosecutor how many yards of cloth there are in those waistcoats, and whether the lining and buttons are his.
Stringer. The lining and the buttons are not mine.
Hugh Phelps . I deal in coals and wood, the Prisoner has been at sea, when he came home he lived a servant with me, I have trusted him in carrying out coals and wood, and in that he was very honest to me. He lived with me eight or nine months, it is but three months since he went from me.
Q. What sort of goods?
Armitage. I moved out of one house into another, and there were twenty guineas of mine which he put into the drawer himself, I sent him with it, and did not go myself; there was a hundred and forty pound in the same drawer, and he carried it very safe. I believe him to be a very honest fellow.
- Renton. I have known him six or seven years: he was out of business once, and desired to lodge in my house, and I consented to it: He behaved very well when he was with me; I never heard of any thing against him till I heard of this affair. Guilty , Death .
*He was evidence against Thomas Havril tried in December Sessions, 1742. for stealing a cheese, Trial 13. Page 9. and also against William Norman last September Sessions, for robbing Sir Jonathan Cope, Bart. Trial 402. Page 233. William Norman was tried last December Session for stealing a cheese, and received sentence of Transportation, Trial 42. Page 15.
Richard Marsh . On the 15th of this instant I went to an eating-house over-against my house, but I kept my eye upon my shop: I had left this piece of flowered lawn upon the counter, I saw somebody go into the shop pretty quick, I went over and took this piece of lawn upon the Prisoner.
Q. Where-abouts in the shop was he when you took him?
Marsh. He was about the door, I cannot say whether he was in or out of the shop.
Prisoner. I was going on an errand for my mother who is a washerwoman, and was at the door knocking for somebody to come to me.
Jury. Does the boy 's mother wash clothes for you?
Marsh. No, I neither know him nor his mother. Guilty 4 s. 10 d.
The Prosecutor not appearing, she was acquitted .
162. + Ann Clarke , of St. James's Westminster , was indicted for stealing four pieces of foreign gold coin called thirty six shilling pieces, value 7 l. 4 s. and 36 l. 4 s. 6 d. of lawful money of Great-Britain, the money of Sibilla Hetherington , in the dwelling-house of Sarah Wood , Feb. 19 .
Sibilla Hetherington. On Sunday night, while I was at church, I was robbed of four thirty six shilling pieces, and some guineas and half guineas, there was upwards of forty pound in all. I had a ready furnished lodging, and the Prisoner used to come to that house as working for the shop, and she came to do something in my room, and stole this money; it was in a trunk in my room, the nails were drawn out of the trunk: She was represented to me as a very honest person.
Q. Was she a lodger in the house?
Hetherington. I do not know that.
Q. How do you know she took it?
Hetherington. Because she went away from us upon that account; and she said before Justice De Veil, that she took it: There is thirty pound of the money in his hand, which he said I should have. The Constable took it from the Prisoner [ the money was produced in court, and shown to the Prosecutrix, viz. four thirty six shilling pieces, and a parcel of guines.]
Q. Can you tell what pieces are yours?
Hetherington. These four thirty six shillings pieces are mine, I can swear to them, one is a crooked piece, as to the guineas I cannot swear to them, they may be alike. Guilty of single Felony .
163. + Thomas Keate , of St. Andrew Wardrobe , was indicted for breaking and entering the dwelling-house of John Cave , about the hour of four in the night, and taking two tin cannisters, value 2 s. two pound of bohea tea, value 14 s. two pound of sugar, value 6 d. a tea spoon, value 2 s. and 9 s. and 4 d. in money, the property of John Cave , Feb. 22 .
John Cave . Yesterday the 21st of this month at five o'clock in the morning, the watchman called me down to tell me my shop was broke open, there was a shutter taken down, and the sash was thrown up; when I came to search my shop, I missed a couple of cannisters with two pound of
John Canfield . The Prisoner and I, and three more, were drinking at the Green Dragon till four o'clock in the morning, or upwards; we all lived in the same court, but one of the persons; there is a woman lives up one pair of stairs in the house where we live, who sells a dram; we would have had a dram, but we being in liquor, she would not let us have any. I went to a neighbour's house to beg a bit of candle, and finding the Prisoner was not in bed, I went down to the door to see for him, and saw him coming up Addle Hill with something in his apron; when he came in, I said, John, what have you got there? He said, he had got some tea, and sugar, and gin, which some smugglers had given him, but they did not know where he lived, for he told them he lived by St. Paul's; he said, they hit him a slap on the face, and made him take it in his apron, and promise to come to them again: There were two cannisters with tea, some gin, and some sugar: I said to him, Tom, I am afraid you will bring me into a scrape; I believe you did not come fairly by these; he said, he would carry the things to them again; I told him he should not have the things, neither should he go; and I said, I believe we should hear of somebody that had lost those things.
Q. What trade is the Prisoner?
Canfield. He is a joiner and carpenter , I sent for my shop-mate's wife, and acquainted her with it, and she brought the Prosecutor; when the Prisoner saw them, he found he was pursued, and he run directly out of my room; I said to the Prosecutor, I am glad you are come, here are your things, and there is your Prisoner; and he told Prosecutor the same, that he had them from the smugglers: He was very much in liquor, that he was.
Q. How long was he gone from you?
Canfield. I believe he was not gone half an hour at farthest.
Q. How far is the house off the place where you live?
Canfield. I believe at farthest three stones throw.
George Dunn . About ten o'clock yesterday morning Mr. Cave sent for me, and said, he had taken a Prisoner who had broke open his shop, and charged me with him; as I was going to Guild-Hall, I asked him what he had done with the money; I said, I supposed he had got the money as well as the goods; he said, he had no money at all, and never saw any; but afterwards he said, if Mr. Cave would be kind to him, he would tell him the whole truth, and said the money was under the bed - between the bed and the sacking; I found it there in this bag [the money and a silver spoon were produced.]
Cave. This is not my bag, this spoon is mine, it is marked with two E's, and a B.
Q. How far may it be from the Prosecutor's house to the place where the Prisoner lives?
Dunn. About two stones throw.
The Prisoner in his defence said as the other witnesses have deposed, that the goods were given by some smugglers, and that Canfield told him the next day they could not be smuggler's goods, because the tea was in cannisters; and then Canfield tasted of what they say was gin, and said it was vinegar.
John Cox . Last Saturday was sev'night between nine and ten at night, I was coming up the Fleet-Market, and about the middle of it I was surrounded by about half a dozen women, who forced me into a house in Love's Court in George Alley , they made me go up stairs, and then bade me strip, and go to bed; I said I would not; they told me, if I did not, they would fetch half a dozen who should
Q. Was not she with you before?
Cox. She was not one of the women that forced me into bed. They left me with the woman they forced me into bed to.
Q. Was there any body in bed when you went into it?
Cox. Yes, there was. The Prisoner came up into the room and took my breeches from under the bolster, and took six-pence, a knife, and some papers out of my breeches pocket.
Q. Was that all you had in your breeches pocket?
Cox. When I went in I had eighteen pence, (they brought up liquor, and said I must pay for it;) that was all I had then. The Prisoner had given my waistcoat away to another woman before, and she had my breeches in her hand: She said, if I would not give her my handkerchief, and the buttons out of my sleeves, she would fetch up half a dozen who were below in the court; I stung my handkerchief to her, and took my breeches out of her hand; then she said she would go and call some people up: I went directly out of the house, got some assistance, came and broke the door open. I found only the woman whom I went to bed to and another in the house.
Q. Are you sure the Prisoner is the woman that took the six-pence out of your pocket?
Cox. I am sure she is the woman; she took six-pence, a knife, and a handkerchief, and threatened my life, and she gave my waistcoat to another woman, and it was carried down stairs. I carried the two women before a Magistrate, and he committed them to hard labour, and a man who pretends to be the husband of one of them brought my handkerchief and waistcoat; the Alderman told him, if he did not give a good account how he came by those things, he would send him to Newgate. The man said he would produce the woman who had them; and the Prisoner was taken. I was sent for before the Alderman, I knew the Prisoner, and he committed her to Newgate.
Q. You say, you were hurried up by 2 dozen women.
Cox. It was by half a dozen Women.
Q. Was it not a market night, and a great many people about?
Cox. I believe it was.
Q. Why did not you call out?
Cox. I could not, for they stopped my mouth.
Q. When the waistcoat was taken from you, you said you run down stairs, did not you complain to the people in the market about it?
Cox. No, I went directly to my acquaintance.
Q. Why did not you go to those people who were nearest you?
Cox. Because I did not know whether they would be so ready to assist me.
Q. Did not you charge the other two women with abusing and robbing you?
Cox. Not with robbing me.
Q. Did not you order the waistcoat to be pawned for your convenience at that time?
Cox. I did not.
- Hebborn, the Constable, said, that last Saturday was sevennight at night Mr. Cox charged him with two Women, and charged them with robbing him, and he sent them to Bridewell.
Henry Amps . Last Saturday was sevennight the Prisoner came to my house, in Swan-Alley in the Minories, between seven and eight in the evening, - she is a clear-stearcher , and had some linen of my wife's to clean - We asked her to sup, and she eat and drank with us; after supper, it began to rain hard: Said I, there's a bed at your service, if you please; and she lay there all night - I went to bed between ten and eleven, and she went to bed when I did.
Jury to Amps. What trade are you?
Amps. I am a Taylor by trade.
Q. What business is your wife?
Amps. I am able to support her without that.
Q. What time was it, Mr. Cox, when you were forced into the house?
Cox. It was between nine and ten o'clock.
Q. How long might you be there?
Cox. I believe about half an hour.
A Watchman. When the Prisoner was taken, she was going into that Alley where the robbery was committed.
Cox. She lives in that place. Guilty .
Winifred Jackson , late of London, spinster , Judith Mayers , wife of Andrew Mayers , late of London, jeweller, Soloman Mayers , late of the same place, jeweller , and Mary Mayers , late of the same place, spinster, were indicted, for that they, upon the fourth day of March, in the 15th year of our Sovereign Lord George, the Second , &c. at the parish of St. Christopher , in the ward of Bread Street , did unlawfully conspire, combine, and consult together, one Thomas Sharp , of London, laceman , of a large sum of money, by unlawful and deceitful ways and means, to cheat and defraud .
The case, as laid in the indictment, was, that Winifred Jackson , having four East-India bonds in her custody, viz. N 11453, dated Sep. 30, 1708. which is set forth to be the property of the English Company, trading to the East-Indies. A. No 12179, dated June 22, 1711. A. No 15106, dated July 22, 1712. A. No 16388, dated Nov. 16, 1713. which are set forth to be the property of the united Company of Merchants of England trading to the East-Indies: And the East-India Company having given due and publick notice in the London Gazette, on the 21st of June, 1729. for the payment and discharge of the first of the said bonds, that bond ceased to carry any further interest from and after the 31st of December, then next ensuing; and the said Company having given the like notice on the 16th of May, 1730. for the payment and discharge of the other three bonds, those also ceased to carry any further interest from and after the 31st of December then next ensuing; and that on the 1st of Jan. 1730. and from thence continually to the 4th day of March aforesaid, there remained due and payable from the said Company, over and above the principal sums of 100 l. on each of the said bonds, no more than the sum of 96 l. for interest, on account of all the said four bonds; and they the said Winifred Jackson , &c. did falsely, freudulently, unlawfully, and deceitfully declare, affirm, and assert to the said Thomas Sharp , that the Company, notwithstanding such publick notices, had, upon the petition of her the said Winifred Jackson , at a General Court by them holden, ordered, that the said four bonds should carry interest to the said 4th day of March; and did likewise assert, that there was then due from the said Company, on account of the said four bonds, the full sum of 665 l. 2 s. and they did falsely and deceitfully entice the said Thomas Sharp to pay her, the said Winifred Jackson , the said sum of 665 l. 2 s. which sum he, giving credit and belief to the aforesaid declarations, &c. did then and there actually pay into the proper hands of the said Winifred, as so much money due from the said Company, on and for the purchase of the said bonds, by reason and means whereof the said Thomas Sharp did then and there pay to the said Winifred 169 l. 2 s. more than was really due; and thereby the said Winifred Jackson , &c. did unlawfully and fraudulently obtain from, cheat and defraud the said Thomas Sharp of the sum of 169 l. 2 s. to the great deceit, fraud and demage of the said Thomas Sharp , in contempt of our said Sovereign Lord the King, and his laws, to the evil example of all others, &c.
The Council for the Prosecutor having opened the case, the bonds were produced, and Mr. Webb proved them to be the East-India Company's bonds.
Mr. Christopher Mould , the Secretary to the East-India Company, produced the minutes of the proceedings of the Company, and a minute made at a General Court holden the 22d of March 1736, was read, showing, that Winifred Jackson had petitioned, that her four bonds (of the numbers and dates set forth in the indictment) might be renewed, and the interest thereof to that time paid, notwithstanding the notices given by the Court of Directors in 1729 and 1730, that the said bonds should be paid off; and the Court's resolution thereupon, viz. ''Resolved, that the said bonds '' be paid off, with the interest thereupon, according '' to the notices given.''
Q. Mr. Mould, Do you remember Mrs. Jackson's applying at that time upon this account?
Mr. Mould. I remember the Lady's applying at that time; and it was taken notice of by every Director, she used to attend them and tease them so, from day to day, and time to time.
Then the Council for the Prosecutor begged leave to call Mr. Sharp to prove what method this Lady (Mrs. Jackson) took to accomplish her ends in this case.
Prosecutor's Council. Mr. Sharp, you are acquainted with Mrs. Jackson and Mrs. Mayers; pray give the court an account of this affair.
Mr. Sharp. I never saw Mrs. Jackson or Mrs. Mayers, till I received a letter from Mrs. Mayers, which was wrote in this manner (I have not the letter here) ''I desire you will call upon '' me some afternoon, I have something to propose, '' which will be for your advantage. Your '' humble Servant, J. Mayers.'' Accordingly I went to Mrs. Mayers's, for as there was something to my advantage, I was glad to hear of it; when I went
Prisoners Council. Mr. Sharp, I understand there are some letters. Who wrote these letters?
Mr. Sharp. Mrs. Mayers said sometimes they were wrote by her son, and sometimes by her daughter: After these letters Mrs. Mayers would sometimes come and drink a pint of wine with me, says she, I will try, whether I cannot get her leave for you to go to her house; she has a great many East-India and South Sea bonds, and I will try whether I cannot get her to part with some of the bonds she had at her brother's death: She has petitioned the general court of the East-India Company, and they have ordered the interest to be paid to the year 1736, they have allowed her forty eight pound: Says she, you know those gentlemen, you trade with them, you must try to get this high interest for Mrs. Jackson, and she will reckon you 2 clever fellow, and then the match will be made at once; I said, I never bought or sold a bond in my life, and I did not care to meddle with them. Some time after she came and told me, that Mrs. Jackson said, if you will bring him, and he will talk of nothing but the bonds, he may come; so I met Mrs. Mayers at a tavern in Chancery-Lane (I believe this was in February) and there was Mrs. Judith Mayers , her son and daughter; we went to Mrs. Jackson and Mrs. Mayers's son Solomon pulled out this petition (the petition to the East-India Company) he said he wrote it, that he was along with Mrs. Jackson, and delivered it, and that the Company had ordered that the bonds should be paid according to the information they had given me in a paper - They all said it, the mother, the son, and the daughter, and swore to it - The petition was produced by Solomon Mayers , and so was the paper with the amount of the bonds drawn out, but not at the same time: I said these bonds have been out-standing a long time, I cannot see what interest is due upon them.
Q. You say he told you the bonds were to be paid according to the writing he produced.
Mr. Sharp. When we were all together Mrs. Mayers appointed that Mr. Mayers should settle it with Mrs. Jackson before I was to give her the money for the bonds.
Q. How could she deceive you in this when you had been apprized before of the order for paying the bonds off?
Mr. Sharp. I was not informed any otherwise than Mrs. Mayers informed me.
Q. Did you come to any agreement that they came to any particular interest?
Mr. Sharp. When I desired the account in writing, he said the general court had ordered payment to be made upon the bonds according to what was in that paper - he told me they had petitioned the general court, and they all said the court had agreed that the interest should be settled to the time mentioned in that paper - they said there was forty eight pound due upon each bond down to the year 1736, as appears by the Company's books down to the year 1736, and that they had allowed all the interest to that time, and there the interest is cast up.
Q. Did they all agree that it should be put into writing?
Mr. Sharp. They all agreed to it, then Mrs. Jackson said, she would appoint a time for me to come and pay the money for them.
Prisoners Council. Where did you go when you went from that house?
Mr. Sharp. We went back again to the tavern, Mrs. Mayers staid a little behind, and when she came she gave me a great deal of joy; she sat down by me, and gave me a prodigious slap upon the thigh, and said, God, you are a lucky devil, for she likes you prodigiously.
Q. What was the next thing?
Mr. Sharp. Mrs. Judith Mayers the next day brought this paper to my house, and said, my son has been with Mrs. Jackson all day settling the account, and this account he has brought you; says she, Mrs. Jackson will meet you on Thursday night at the Bank coffee-house, and then you are to buy these bonds; I said, buying of these bonds is no more than taking a bank note, for I can go to the India-house the next day and get the money again: I met her at the Bank coffee-house the 4th of March, 1741.
Q. Who were there at that time?
Mr. Sharp. All the four persons I have indicted; I carried the paper with me - it was produced
Prisoners Council. Speak up boldly, Mr. Sharp, I cannot hear you.
Mr. Sharp. May be you do not desire to hear me. Mrs. Mayers said that was the right account: I said to Mrs. Jackson, Madam, I will give you the money for these bonds; but look here, Mrs. Mayers and Mr. Mayers, take notice of one thing; as for my part I cannot see how Mr. Mayers can cast up the interest; suppose the interest should happen to be more or less, if there is any mistake we must rectify it, and give or take the difference; and they all agreed to this.
Prisoners Council. How is this a fraud then?
Another Council. Out of your own mouth comes the truth.
Sharp. I shall not deny this I say so still, and they all said, Aye, to be sure, the difference was to be settled: Mrs. Mayers came to my house, and said, Don't part with the bonds; I would have you keep them, for Mrs Jackson is as cunning a woman as any in the world; for she will come and look upon the bonds, to see if you can spare the money out of trade; and I believe I should not have gone about the money for the bonds, if Mrs. Mayers had not said that; I went on the Tuesday to Mr. Webb, at the India-House, and told him, I had got some East-India bonds; he looked at them, says he, Who had you these bonds of? Said I, What signifies who I had them of; he looked at them again, God bless me! says he, you had these bonds of Mrs. Jackson; I told him, I had, and shewed him the paper, with the account of the interest; he looked upon it, said he, Go back again to her, as fast as you can, for she has cheated you; I went several times, and could not see her; I went one day, and desired to see Mrs. Witham, and told her the affair, and she owned Mrs. Jackson had ordered herself to be denied; I brought an action and recovered the money; and what I do now is for the good of the publick; I have been 40 l. out of pocket already.
Q. to Mr. Webb. Suppose Mr. Sharp had come to you and told you of such a petition, could not you have informed him whether it had beenplied with?
Mr. Webb. Yes, to be sure, if he had shewed me the bonds.
Q. Could not you have told by the numbers?
Mr. Webb. No. I could not, but if I had any acquaintance with the person, I would have endeavoured to have informed him, as well as I could.
Prisoners Council to Mr. Sharp. Had not yo the petition a month before you paid the money for the bonds?
Mr. Sharp. I had not the petition till I paid for the bonds; the petition was only read to me at Mrs. Jackson's, and it was only read to me when they brought the account of the interest.
The petition to the honourable the Directors of the East-India Company was produced and read, and likewise the paper wherein they had cast up the principal and interest, with the particulars of the interest (said there to be as it stands on the Company's books) the total amounting to 665 l. 2 s.
Emanuel Mayers . I believe it was this February was two years, that Mr. Sharp was with Mrs. Jackson at our house, and Madam Jackson asked him, whether he had enquired about those bonds; he said, he had not enquired, for he had not proper instructions - He said, he would give her the money for the bonds, if she would give it him in writing, that if he could not get all the money of the Company, that she would return it; which she agreed to, and then she said, she would give him a copy of the petition to enquire by - They did not tell him whether the petition was presented, or no - My brother wrote out the petition, and I and my sister carried it about a month before March the 4th. My brother told him, Sir, if you think you can't get the money, don't take the bonds at all - I did not hear Mr. Sharp say any thing to it; and my brother wrote out the account; he took me with him to Mrs. Jackson's, and she told him how to write it, and my sister and I carried the account to Mr. Sharp, and said I had brought the account by Madam Jackson's order; and he said, tell Mrs. Jackson I will meet her at the Bank coffee-house, and I will pay her the money for the bonds; I know how to get the money of the Company, I know how to make the Company pay me - I heard him say these words; the money was paid the fourth of March.
Prisoners Council. Do you remember at any time that he made any proposal of stifling the prosecution?
Mayers. He desired my mother and sister would go out of town, and not appear at the trial, and he would pay the charges; and she said, she would not; he said, then it should be the worse for her.
Council. This was when he sued Mrs. Jackson; but do you remember, that Mr. Sharp said at any time, he would have some money of Mrs. Jackson, or he would bring her to the bar?
Mayers. Last December, or thereabouts, he said he was going to find a bill of indictment against Mrs. Jackson, and wanted my mother, brother, and sister, to go to the Old-Bailey, and he said, he would make them handsom presents, but they
Mr. Sharp. That boy never was at any of the meetings.
Mrs. Witham. Mr. Sharp came to speak to Mrs. Jackson; I heard some high words, there was a mighty hurley burley, and Mr. Sharp said, I will send you all to Newgate. What, said I, I that know nothing at all of the matter? he said, Not you. I said, how came you to buy these bonds, when you bought them with your eyes open? he said, if it had been a thousand pound he would have done it for her - I believe all the county of Essex will give Mrs. Jackson a good character; her father was a man of good reputation, and so were all the family - I believe she is worth a good thousand a year, and a coach and four horses, near Brentwood.
Mary King . When Mrs. Jackson was in custody of Mr. Carter the Tipstaff, Mr. Sharp was there, and he said to her, he would send Mrs. Mayers to keep her company; he said, he would have sent them, but they were worth nothing; but, Madam, you shall fine.
Mr. Sharp. I never said any such thing in my life.
King. You did say so, and Mrs. Jackson made answer, and said, You would hang me if you could; and you said, Aye that I would, for I have already agreed with a surgeon for your body to be made a skeleton of; and when I have so done, you shall be put in a closet in my room, that when I have a mind to see Mrs. Jackson, I may go up and look at her.
Mr. William Carter . I am the tipstaff that took Mrs. Jackson up, and in conversation between Mr. Sharp and her, he was angry with her, and said, she had cheated him of a great deal of money, and he would send Mrs. Mayers to her. - He said, if he discharged her now, intimating. he had it in his power to discharge her or not, and that, if she would marry him, he would release her; those were not the very words, but to that purport.
Mrs. Alcorn. I am a tenant to Mrs. Jackson, by the Exchange; I do not think she would defraud any person of a farthing.
Q. Did he at any time before he paid her the money for the bonds, tell you, the petition was rejected?
Riatti. No, he never did.
Mr. Sisson and Mr. Gibson have known Mrs. Jackson a great many years, and gave her the character of a very honest woman.
Mr. Sandford was called by the Prosecutor, and being asked Mrs. Jackson's character, he said, he never heard any harm of her.
It being proved, that, before the payment of the money for the bonds, there was an agreement made between the parties, that if it should happen, there was any mistake in the casting up of the interest, it was to be rectified; if it did not come to so much as the computation. Mrs. Jackson was to return the surplus; if it came to more, Mr. Sharp was to pay her. Whereupon, Winifred Jackson , and Judith Mayers , were acquitted .
169. Charles Gray , late of St. James's Westminster , Grocer , was indicted for wilful and corrupt perjury, in his oath before the Justices at the Sessions of the Peace, holden at Guild-Hall , for the City of London, on Wednesday the 5th of December last, in order to entitle himself to his discharge, by the late Act of Parliament, for the relief of insolvent debtors, viz. That he, Charles Gray , was at Calais in France, beyond the seas, on the first day of January, 1742, and did not return from thence to England till between the 15th and 20th days of the said month of January. Whereas, in truth, and in fact, the said Charles Gray was not at Calois in France, or elsewhere beyond the seas, on the said first day of January, 1742 . But the Prosecutor not producing the Gazette, in which he advertised himself, that he intended to take the benefit of the act, he was acquitted .
Anthony Botton . The Prisoner, Edward Warner , and myself, drove the waggon from my master's wharf to Hackney; we shot all the coals but two sacks at Mr. Barnard's, and coming back, Edward Warner sold the two sacks at the Nag's-head in Hackney Road for four shillings, and carried them in. I stood at the waggon, and had part of the money.
The Prisoner being only a person hired to trim the coals, which being principally under the care of the evidence, the Jury acquitted him.
James Beguin , was indicted for stealing two magnifying glasses, value 5 s. the goods of George Copland , Jan. 20 . Acquitted .
Eliz. Houghton. I live at the King's Head the corner of Chelsea-Fields ; the Prisoner was my servant about two or three months, and took these things away about four or five in the morning. I took her five or six weeks afterwards, with the things upon her. Guilty .
The Prisoner stole the cheese out of the shop-window, and it was taken upon her. Guilty .
The Prisoner said he was but a stranger in London, had been in town but a fortnight; he is a Baker*, and came from Bristol.
*He may be very acceptable in Virginia, Bakers being very scarce there.
178.+ Ann Clayton , of St. Ann's Westminster , was indicted for stealing ten china dishes, value 30 s. and twelve china plates, value 8 s. the goods of Margaret and Barbara Cholmley , in their shop , November 19 . Guilty 4 s. 10 d.
180, 181. Francis Collins , and Adam Dawson , of Christ-church, Spittlefields , were indicted for stealing three table-cloths, value 3 s. the goods of Samuel Ash ; one shift, value 12 d. the goods of Martha Catlin ; and four shirts, value 4 s. the goods of William Atherley . Jan 19 . Acquitted .
182 Martha Allen , otherwise Duckworth , (which last is her right name) was indicted for stealing a stew-pan, a saucepan, a pair of sheets, and two pillows, the goods of Francis Perry , in her lodging , Feb. 21 . Acquitted .
The following Persons were executed at Tyburn, on Tuesday the 17th of February, viz.
Condemned last January Sessions.
Condemned in February Sessions.
The Trials being ended, the Court proceeded to give Judgement as follows.
Received Sentence of Death, 2.
Transported for 7 Years, 23.
The following Persons were executed at Tyburn, on Tuesday the 17th of February, viz.
Condemned last January Sessions.
Condemned in February Sessions.