On THURSDAY the 10th, FRIDAY the 11th, and SATURDAY the 12th, of May.
In the 17th Year of his MAJESTY'S Reign.
BEING THE Fifth SESSIONS in the MAYORALTY OF THE
LORD-MAYOR of the CITY of LONDON.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1744.
BEFORE the Right Honourable Sir ROBERT WESTLEY , Knt. Lord-Mayor of the City of London, Mr. Justice BURNET, Mr. Baron CLARKE , 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.
Smoult Pye *,
William Cosh +,
John Giles . I am son to Sarah Giles in Addle Street, this hinge was lost out of the shop, and was brought to me by Mr. Pearse, who asked me, if it belonged to my mother, and I told him it did; and the Prisoner said he took it out of the shop, and carried it to Mr. Pearse to sell.
George Pearse . I am a pewterer in Whitecross Street. This lad Poole brought this brass hinge to me the 19th of April to sell. He said his father sent him to sell it, and that he had had it six years in the room. At first he said his father's name was Weyman, but his name his Poole. He had a two foot rule in his pocket, which we gave him again, as he said he bought it for a peny in Moorfields. He said it was the first fact, and owned that he took them out of Mrs. Giles's shop.
William Rugby . I was charged with the Prisoner, and he said his father's name was Weyman, or some such name, and was a shoemaker; but his father's name is Poole, and works with Mrs. Giles the founder; he owned he had the hinge, and that he either gave a peny for the rule, or tossed up a peny against it in Moorfields. Mrs. Giles said he was a naughty boy to serve her so when she had been such a friend to him; he said he was sorry for it, and hoped she would forgive him. Guilty 10 d.
The Prosecutor recommended the Prisoner to the court.
243. John Long , of St. Giles's in the Fields , was indicted for stealing four sheets, value 6s. a shirt, value 4s. four pillowbeers, value 1 s. two aprons, value 1 s. 6 d. a waistcoat, value 6 d. and three handkerchiefs, value 6 d. the Goods of Charles King , April 20 .
Elizabeth King . I had put this linen into a pan ready for ironing, and set it upon the counter; I heard somebody come into the shop, and run out again; I went into the shop, and missing the linen, run out, and cried I was robbed; upon which John King run after the Prisoner, and took him.
John King . I was looking out at a one pair of stairs window, and heard my aunt cry she was robbed, and somebody said here is a boy with a bundle of linen. I went up to him, and he laid the bundle down and run away, I run after him, and took him, and he called out several times for his case of pistols to shoot me; whether he had any gang with him I cannot tell, but I saw nobody but himself; it was pretty dark, I believe it was between eight and nine in the evening. Guilty 4 s. 10 d.
244, 245. Robert Hodges and George Andrew , were indicted for stealing a fore sail, value 7 s. 6 d. a gib sail, value 4 s. a trivet, value 3 s. four stanchions, value 3 s. a tolling rope, value 5 s. a bolt, value 1 d. three cross bars, value 1 s. 6 d. a scuttle bar, value 1 s. 6 d. and a close stool pan, value 1 s. 6 d. the goods of Richard Phillips .
Richard Phillips . I am owner of the Montague Yatch ; the morning before this robbery was committed William Hall came and told me, that the Yatch had like to have been broke open. On the 27th in the morning he came and told me that it was broke open, that somebody had drawn the staple of the skuttle, and taken away the things mentioned in the indictment. Two or three days afterwards Mrs. Gregory came and said, she believed if such a house was searched we might find some of the things. Some people went to search the Prisoner's house, and he said they were very welcome; but while they were searching it he ran away, and they found a tolling and some other things in the closet, and the fails were found at the top of the house. We went before a Justice, and the Prisoner Andrew said he would own every thing, and how they came there. Then said I, how did they come there? He answered, the man of the house where you found these things (Greswold) enticed us from our masters, and said we should not want for money, victuals, or clothes: one of the boys said, that Groswold sent them out o'night with tools to break open vessels, and that he received what they brought.
Greswold. Do you know that I received these things knowing them to be stole?
Phillips. No otherwise than I was told.
William Hall. I am master of the Montague Yatch , and have been so fifteen years. On the 27th of April in the morning I found the yatch broke open, the staple of the fore skuttle drawn, and the bar and staple carried away; I missed a foresail, the great gib, and two cables, &c.
Q. What do you call the small cable?
Hall. I call them both cables, but some people call them tollings; - we found all of them at Greswold's house, I found the two cables in the closet, and Greswold's wife said she would show me two sails that her husband had bought, and I said they were mine.
Q. Did Greswold stay there when you came into the house?
Hall No; as soon as I took hold of the cable and said it was mine, he went away.
Q. What did you carry with you?
Pinfold. A marline spike, a hammer and hatcher.
Q. Who went the first night?
Q. What did you do then?
Pinfold. Andrew drew the staple of the fore skuttle, and so broke the yatch, and took a trivet, some stanchions, some ropes, and two sails, one of them was a gib; Andrew handed the sails up, and I helped to hand some of the other things.
Q. How did you go to the ship?
Pinfold. Greswold lent us his little boat till we could get another to suit our conveniency: we used to take any large boat that we could find, and so go on board the ships; he had bought a larger boat and brought it home from the carpenter's the Saturday that we were taken up.
Q. When you had got these things where did you carry them?
Pinfold. To Mr. Greswold's house, and delivered the sails, ropes and stanchions, &c. to him.
Q. What time of night did you go to do this?
Pinfold. The watchman went past one as we were taking them out of the yatch, which lay between Cole Harbour and Stone-Stairs. - Greswold lives at Cole-Harbour by Blackwall, and keeps the sign of the Ramsgate Pink.
Q. How do you know he knew these things were stole?
Pinfold. He lent us a boat to go on board with, and enticed me away from my master (one Griffiths a waterman and lighterman). He told me I might
Pinfold. Andrew and Hodges and I lay at his house, we lay there three nights.
Pris. Andrew. We lay there three nights.
Q. Did you ever go on board any other vessels ?
Pinfold. Yes, we carried coals to his house, which we got out of a lighter in the night time, about a week before we went to the Montague yatch - We did not lye at his house then.
Greswold. Did not the officer promise you, that if you would accuse me you should be cleared?
Greswold. Did you ever bring any goods in a boat of mine, or did I ever send you about any such thing ?
Pinfold. Mr. Greswold lent us his boat, he knew what we were going about.
Q. Did you tell him what you were going about?
Pinfold. We told him we were going to get old ropes, or any thing we could get.
James Pope . I went to Greswold's house, and told him I had a warrant to search his house. I read the warrant to him, and he told me, I might search his house and welcome. Accordingly we did, and when Mr. Hall took hold of a rope and said, that is a piece of my cable, he walked away. I said, Mr. Greswold, don't go; he said he was going to look for the boy, and would be back again in a minute. I sent two men after him, and then he run into the marsh - the Isle of Dogs, which is right against his house. I went the next day to his house again to search for him, and found him covered over in a copper he used to brew in (he used to brew his own beer) in his shirt, without his coat and waistcoat; there was water in it, for when he came out of the copper I was forced to stay till he changed his shoes and stockings, they were so wet.
Greswold. Did you see me in the copper?
Pope. Yes, and pulled you out of the copper.
Q. Was he standing up, or crouched down?
Pope. Mr. Phillips's, people went into the out-house first and found him there.
Q. Tell us how he was when you first saw him.
Pope. He was standing upright in the copper.
James Smith . I went with a search-warrant to Greswold's, in order to look for Mr. Phillips's things, there was a closet by the fire side, said I, what have you got here? His wife said, some old ropes that we have bought, and I found them to be ours. I found some of our old fails in the garret, but his wife was not very ready to show them. The next day I went with a warrant to search for the rest of the things, for Pinfold told us where to find them. There was a woman talked pretty much, and I asked her what she had to do there? she said, she was to take care of the house. I said, I would take hold of her. She answered, I had no occasion to do that, for Mr. Greswold was above, and as I was going up I think I saw his legs, and one of our people found him in the copper in his brewhouse; he was stooping down, half bent, and said, if we used him well he would come out.
Greswold. Did not you bring cutlasses, and say, cut him down ?
Smith. I said no such thing; I had a cutlass, it was not properly a cutlass, it was a tuck; I was resolved indeed that he should not make his escape again.
Greswold. I was a distiller by trade, but have had misfortunes by informations; I can prove that I bought them publickly of Pinfold and Andrew.
Jury. What did the Prisoner give for all these things, ropes, iron, and every thing?
Pinfold. He gave us ten shillings for them; there was about half an hundred of iron; - it was about three o'clock in the morning when he paid us for them.
Greswold. I did not think this boy would swear so roundly against me, or I would have been better prepared.
Q. to Hall. What are these things worth? are they worth 10 s. are they worth 40 s.
Hall. I don't know the value of them, they are worth 20 s.
Q. to Phillips. What are all these things worth at a low price.
Phillips. They are worth in all between thirty and forty shillings.
Greswold. Pinfold swears a false thing, to say I gave but 10 s. for them, I gave 15 s. for them. Did you find them in my house?
Hall. The iron was found at a Smith's, where Greswold carried it to be sold.
Pope. I have known Greswold about half a year. People used to talk, that he got coals and corn in a clandestine manner: he was s uspected by all the neighbourhood before this, and every body was for suppressing his house. His father kept the house before, and it had a bad character then.
Hodges acquitted , Andrew guilty , Greswold guilty .
247. + Henry Cole , was indicted for that he at a delivery of the goal of our Lord the King, holden at Kingston upon Thames, in the county of Surry, on Wednesday the 21st day of March in the 12th year of his present Majesty, before Sir Lawrence Carter , Knt. &c. Sir John Fortesue Aland, Knt. &c. and others their fellow Justices of our said Lord the King assigned to deliver the said goal, he, the said Henry Cole , of the parish of Christ Church in the county of Surry , labourer , according to due course of law, was tried, for that he the said Henry Cole , and Margaret his wife, on the 4th day of January in the 12th year of his present Majesty, about the hour of one in the night, with force and arms the dwelling house of Christian Scot feloniously and burglariously did break and enter, and eleven holland shirts of the value of 5 l. and ten table-cloths of the value of 3 l. the goods of the said Christian, in the dwelling-house aforesaid, did steal, take, and carry away, and thereupon by a certain jury of the county was duly convicted of feloniously stealing the aforesaid goods and chattels of the said Christian Scot , and was acquitted of burglariously breaking and entering the dwelling house of the said Christian, and it was ordered and directed by the court, that the said Henry Cole should be transported to some of his Majesty's plantations in America, for the term of seven years, as by the record does more fully appear.
And that he, the said Henry Cole , afterwards, to wit on the 30th day of April, in the 17th year of his present Majesty , was seen at large within the realms of Great Britain, to wit, at the parish of St. James Clerkenwell in the county of Middlesex, without lawful cause, before the expiration of the term of seven years, for which he was ordered to be transported, against the form of the statute in that case made and provided .
The clerk of the arraigns of the home circuit produced the copy of the record of the Prisoner's conviction, viz.
On Wednesday the 21st of March in the 12th year of his present Majesty's reign, at the assizes held at Kingston upon Thames in the county of Surry. before Sir Lawrence Carter , Knt. Sir John Fortescue Aland, Knt. &c. the Jurors present, that Henry Cole of Christ Church, &c. and Margaret his wife, were indicted for that they on the 4th day of Jan. in the 12th year of his present Majesty, about the hour of one in the night, the dwelling house of Christian Scot did break and enter, and eleven holland shirts of the value of 5 l. and ten table-cloths of the value of 3 l. did steal, take, and carry away, and the Jurors say that neither Henry Cole nor Margaret his wife are guilty of breaking the dwelling-house of the said Christian Scot , but they say, that Henry Cole and Margaret his wife are guilty of feloniously stealing the aforesaid goods and chissels of the said Christian Scot ; and it is directed by the court, that the said Henry Cole and Margaret his wife shall be transported to some of his Majesty's plantations in America for the term of seven years.
Robert Lingard . The Prisoner was in my custody at Kingston assizes when he was indicted for stealing the linen for which he was convicted for transportation. I carried him up to the bar, I am sure he is the same person.
Sarah Barton . I saw the Prisoner at my house last Borough Fair was twelvemonths, he called for a quartern of gin or anniseed, I cannot tell which, (I was in trouble for him about this linen, for which he was transported, it was found at my house) he took hold of my hand, and said, Sall, do not be surprized at my coming back again.
Q. Was there any goal-keeper with him?
Barton. There was nobody but his wife.
Christian Brown . I saw the Prisoner last Borough Fair was twelvemonths, and served him with some liquor. He said to my mistress, Sall, you thought you had transported me for my life, but you see I am returned again. He sat down by my mistress, and wanted to kiss her, and she said, for God's sake keep away - I knew him before he was transported out of the New Goal. - He had nobody with him but a woman.
Prisoner. There is no such thing as disallowing this. I had no intention of returning; we are sold there like beasts, like sheep, or oxen, and we must go with the buyer. I was sold to one Captain Loney of the Frederick Pink , and he brought me to England, or I had never come here again. Guilty , Death .
John Saunders , of St. George Hanover Square was indicted for assaulting Jeremiah Martin in a certain field, or open place, near the King's highway, putting him in fear and taking from him a silver watch, value 50 s. a hat, value 2 s. and a perriwig, value 2 s. his property , April 17 .
Jeremiah Martin . On Wednesday the 7th of April, I was going from London to Chelsea, and in a narrow passage, which we call the Five Fields, near Perrot's illuminations, about half way between that and the Horse and Groom , between the two banks, I met Saunders the Prisoner and another person, and they bid me good night.
Q. What time o'night was this?
Martin. I judge it to be about nine o'clock; immediately after they had passed me, and bid me good night, I received a blow cross my temples, a very hard blow, but who gave it me, I cannot tell; I turned myself, and John Saunders struck at me with a stick, not so long as my cane, they call it a bludgeon, or a truncheon, it is what they use in this way.
Q. Did the Prisoner strike you?
Martin. The first blow was a very severe one; I turned about immediately, and I suppose the Prisoner struck me; afterwards there was a second man came up with a hanger, and gave me some cuts upon my cane; the Prisoner continued his blows, and then I received a blow with a hanger, from which I have a large wound now in my head, and I fell down into a ditch.
Q. Do you know any thing further?
Martin. Yes, when I was down in the ditch, John Saunders jumped upon my knees, and I said, What do you want? He answered, D - n your blood, your money, what do you think? I told him I had but very little money, but if he would let me get up, I would give it him. D - n your blood, said he, I know that you always carry a watch. I said, so I did, and he took it out of my pocket. I had a pair of very strong buckskin breeches on; he put one hand in my pocket, to tear it down, and the other on the other side. I told him I had no money there, and but very little in the other. He went to my side pocket; I said I had nothing there but a rule (for I am a carpenter.) Then he put in his hand, tore it down, and took two keys, &c. out of my pocket; and said, G - d d - n your blood, you shall never go home again (then I believe he knew me, for I had known him about five years) and he said he would blow my brains out; but I did not see that he had any pistol; when he talked of killing me, the other man said, G - d d - n you, don't kill him, you have done enough to the man already; with that they both went away, and left me in the ditch.
Prisoner. When they went away from you, which way did they go?
Martin. They went towards London.
Q. Can you tell certainly that this is the man? Was it light then?
Martin. It was not very light, but I having known him some time before, I knew him as well as I did my own brother. I knew him by his voice, body and face; it is surprising he should have used me in that manner, and if the other man had not been more merciful than he, I should never have been here now.
John Rowe . At near 11 o'clock at night, on the 17th of April, the constable ( James Wheeler ) came and called me out, and told me, there was one Mr. Martin almost killed in the fields, and he desired me to assist him. I went along with him and three or four more into the Five Fields. The constable and some of them staid behind, and one of them went about an hundred yards before me. Presently I saw a man coming up a good pace, and he struck at me; I had a bayonet in my hand, and I struck at him, and I believe I struck his coat, and then I cried out, stop thief. Then the constable and his man met him, and knocked him down, and we took him.
Q. Who did this man prove to be?
Rowe. The Prisoner at the bar. Then I took him to my house; when he came there, he put his hand round one of the door posts, and cried out, Murder! and would not go in, till he was forced in. Then I asked him where he was going? He said he was going to Esquire Man's on the other side of the college, and that he lived with one Esquire Chester, in Golden Square; but the next day, when Mr. Martin and we were going to Esquire Chester, to know the truth of it, he said, he did not live there.
Q. When you went into the fields it was between ten and eleven, or near eleven, was Mr. Martin got home then?
Rowe. He was got home some time before; for when the Prisoner came to my house, I sent for Mr. Martin, and as soon as he came in, he said, that is the man that robbed me, for I know him by his tongue, and he said, Mr. Saunders, how could you serve me so, when I have given you many a shilling, and many a meal's meat when you have been out of place; and the Prisoner denied then that he had done any thing to him.
Prisoner. Ask him, whether I was the first person that met him?
Prisoner. This Mr. Martin is an undertaker, and he buried a master of mine; there were four servants of us, two men and two maids, and he gave us a guinea apiece; I would ask him, whether he ever gave me any thing else?
Martin. I did bury a master of his, and I gave three guineas among the servants; how it was disposed of, I cannot tell.
Q. Have you ever given him a meal's meat?
Martin. I don't know that I ever gave him a meal's meat, I have given him money, and treated him when he has been out of place, when I have met him, and when we have gone in to drink, I never let him pay any thing.
Prisoner. When you came into the room where I was, did not you ask me which way I got my bread?
Martin. I asked you how you lived, and where you lived; and you would not tell me; and if I did ask you, I had very good reason for it, for this is a bad way of getting bread. He said he was in place at Esquire Chester's; and when I told him I would go to Esquire Chester's, then he said, he did not live there, but only said so; and then he begged for mercy.
James Wheeler . I happened to go over the Water Works Bridge, and saw Mr. Martin by the Two Star alehouse, and he said, that he was robbed, he did not say by who, he said, he should know the man again very well if he was to see him; I told him, I would do any thing to serve him; it happened to be my watch-night, and I said I would try if I could catch hold of any body. Mr. Fry was first, I said to Mr. Rowe, Do you go at such a distance; I was the third man, and my apprentice was the next; and we had a parson with us, but I don't know what's become of him; the Prisoner met Mr. Fry, and asked him, where he was going.
Q. Where was it that he met him?
Wheeler. They met about forty yards on the other side of the Horse and Groom, between that and Perrot's illuminations, but it was nearest the Horse and Groom; when the Prisoner asked Mr. Fry where he was going, Mr. Fry said, he was going to London; then Mr. Rowe came, who was the second man; the Prisoner came up to Mr. Rowe, and, to the best of my knowledge, I saw him strike.
Q. Did you see the Prisoner strike Rowe ?
Wheeler. Yes, I did; with that I cried out. Here's the villain; I struck at him, and happened to strike him just down the back with a gun; and afterwards came my apprentice and another person, and my apprentice knocked him down into the ditch, with the bar of a door (which was the first thing he could light on) and then he resisted very much, and we were afraid the other should come up; I fired the gun at him, to make him stand, and then he went with us very quietly.
Q. Where did you carry him?
Wheeler. We carried him to the Two Star alehouse, just by Mr. Martin's.
Q. Did he oppose going into the house?
Wheeler. Yes, he took hold of one of the pillars of the door, and we got him by the lock of * hair upon the top of his head, and he cried out, Murder! and at last we got him into the house; I told him, he must go in, or I would shoot him; then I sent my apprentice to Mr. Martin's, and he brought him; Mr. Martin said, as soon as he came into the passage, the man was in the house, he knew by his voice; and then I took the Prisoner to the watchhouse.
* The Prisoner's hair was tied up, like many of the livery servants.
Prisoner. Did not I say, take what I have, and spare my life?
Wheeler. I don't remember that; I know I said if the law is on your side, you will be right; but if the law is against you, you must take what it will allow you.
Prisoner. He told me, there was nothing but powder in the gun, and he fired it only to frighten me.
Wheeler. I did not tell him any such thing.
The Council for the Prisoner offered to prove where the Prisoner was from two o'clock in the afternoon till ten at night; and therefore if the robbery was committed at nine o'clock, the Prisoner could not be the person who committed this robbery; that he was informed, they had used some artisices to make him confess; but he always said, he was innocent, and that Mr. Martin sent a Romish Priest to tell him, that Mr. Martin was dead, and that he could not come to any damage, if he did confess the fact.
Q. Pray Mr. Martin, did you send, or did you not send to Mr. Saunders, to let him know you was dead, and to desire that he would confess upon that account?
Q. Was you privy to any such thing?
Martin. No, I never was privy to any such thing.
Jury. Pray Mr. Martin, was you in liquor at that time?
Martin. No, I was not, I was very sober; I had been about business: they would not have meddled with me if I had had any body with me; they had enough as it was, only they had got a hanger.
Thomas Watkins . On the 17th of April, on a Tuesday, about ten o'clock in the morning, I went with the Prisoner to the Duke of , dined with Mr. Rothwell in Eagle Court, and at seven o'clock we went to Mr. Fowler's an Apothecary in the Strand; we did not sit down there, we came directly to my Lord Ailesbury's (I live with him now) we went to the Two Chairmen in Warwick Street, and drank a pint of beer.
Q. How far is that from Lord Ailesbury's ?
Watkins. It is about 100 yards from my Lord's house.
Q. What time was it when you parted?
Watkins. It was somewhat more than a quarter after eight.
Q. Where was the Prisoner going then?
Watkins. He said he was going to Chelsea, and I advised him not to go; for he was to have gone to the Duke of Graston's the next morning, and he said he had no clean linnen in town. I never heard any thing further of him till I heard he was in Newgate.
Q. Who was with him?
Buck. There was one or two, my Lord Ailesbury's servant was one; they came in between seven and eight, the Prisoner went with him to my Lord Ailesbury's, and they came back again and staid a little while, and then said, Buck, I wish you a good night.
Q. What time was that?
Buck. That was after eight, to the best of my knowledge.
Jury. Was it dark when you parted from him?
Buck. Yes, I think it was; I had lighted candles.
Q. Was he walking or drinking?
Paty. I met him there under the lamp.
Q. Where was you going?
Paty. I was going to one Mr. Lerose's, to drink a pint of beer; for I intended to leave my watch there; we staid to drink a pint of beer at the dead wall; and he came with me as far as Hide-Park Corner; it was about five minutes after nine when I came from Chelsea, and I parted with him at Hide-Park Corner a quarter before ten - I have known him about ten years, he is a Gentleman's servant; he has been in several places, and I never heard him spoke disrespectfully of; he lived with Mr. Hutchins at Chelsea, and I don't think he would be guilty of any such act as this - I don't know how long he has been out of place.
Q. Did you meet any body in the Five Fields.
Paty. No, there was a poor Scotsman lying among the pipes, we took him out of the ditch, and took care of him to Hide-Park Corner; he would have made us drink, but we would not accept of it.
Watkins being examined, as to the Prisoner's character, said, he never heard any thing against his character in his life; and that gentle and simple always gave him a good character.
- Lerose. I keep the Red Lion in Chelsea; on the 17th of April, the Prisoner came along with Paty (Mr. Mitchell's groom) to my house.
Q. What time did he come?
Lerose. I believe, as near as I can tell, it was about nine o'clock, or a l ittle after.
Q. How far is your house from the Horse and Groom?
Lerose. A good way - it may be two miles and a quarter, if not quite, but it is very near.
Q. Did he look cool, or was he at all heated?
Patey. He was not at all heated - he was not in a sweat - he was cool in his countenance - he did not look as if he had been in any violent motion.
Jury, to the Constable. Was he searched, or was any thing found upon them?
Wheeler. I did search him, but I found nothing upon him; he had private pockets about him, and though I found nothing when I searched him, he had money afterwards, for he treated me.
Jury. If he had had a watch about him, and you had searched him, do you think you should not have found it?
Wheeler. I believe I should if I had searched him strictly.
Jury. Was not you informed of Mr. Martin's having lost a watch?
Jury. Then why would you not search to find it?
Wheeler. He had time enough to make it away before that, for I met Mr. Martin at a quarter after ten, and at the time I met the Prisoner it was nearer eleven.
- Stanley, Esq; The first time I saw the Prisoner at the bar was in February was twelvemonths, at which time I was going down to offer my services at St. Albans, and having only one servant in town, my own servant, who had known him before, recommended him to me to serve me. I had during that time more than negative proofs of his honesty; for I sent my servant I had before, with more than 350 l. in bank notes to Mr. Child's, to desire him to let me have specie for them: my own servant brought me 250 l of the money, and the Prisoner brought me 100 l. very honestly, and by some circumstances I believe it would have been in his power to have taken away that 100 l. My own servant being disordered by riding in the country, I kept the Prisoner about a fortnight, during which time he was the only person intrusted with my linnen and clothes, and when he gave up the account of them there was nothing at all missing. I must also observe, that I never saw a more civil or sober servant than he was, and he always behaved himself in such a manner that I should not imagine him to be capable of the matter he is now charged with.
- Lewis. I live in Bond Street, and am a hosier and haberdasher. I have known the Prisoner about two years, and during that time his character and behaviour (for what I know) has been honest and just. A young gentleman at my house wanted a servant, I enquired after several, and among them the Prisoner came, and he hired him from the character he had of him at Sir Robert Rich 's, which was as good as any man could have; and upon it he had the young gentleman's place, where he behaved honestly and soberly. He was backward and forward at my house very often: he is a very sober man, I never saw him drunk in my life.
Q. to Mr. Stanley. You say in about a fortnight's time he went from you, did he go from you upon any misbehaviour?
- Stanley, Esq; He went away from me because my servant was well again; but if he had continued ill, or I had wanted another servant, I would have taken him preferable to any body I knew at that time.
Jury. When they returned, did they come in company with this money, or did they come singly?
- Stanley, Esq; They came in company. I do not know how far it may be proper to mention in evidence what my servant told me, who is absent; for when they were upon the road they were not so much in company, but that if he had had a mind to have gone away with the money he might.
Richard Pritchard . I belong to the Duke of Graston, I am one of his messengers. I have known the Prisoner twelve or fourteen years, he has been that time a gentleman's servant, and always had the best of characters; I believe he is a very innocent and honest man; I never heard any ill of him till this time in my life.
Q. to Wheeler. What had the Prisoner in his hand when he was taken?
Wheeler. It was a stick, and I think it was a little split at the end; whether he threw it over the ditch, or no, I cannot tell, but I could not said it. Acquitted .
John Holden . I was at a publick-house and saw the Prisoner at my shop door. He looked back two or three times. I said there is a young man at my door who does not belong to any of my customers: I saw him take the pumps out of the shop, and took him two or three doors off with the pumps in his lap.
Prisoner. The shoes lay at the door, and I knocked at the door, but nobody came, and so I went away with them. Guilty 4 s. 10 d.
250. + Catharine Smith , of St. Mary le Strand , was indicted for stealing a gold watch with a gold seal, value 10 l. a linen handkerchief, value 1 s. 6 d. and five shillings in money, the property of Abraham Hoskins , privately from his person . April 20 .
Abraham Hoskins . On the 20th of April as I was going through Eagle Court in the Strand, the Prisoner came up to me, and said, What have you got in your breeches? I put my hand to my breeches, and found my watch was gone. I took the Prisoner into the Street, and then into the Swan tavern. I sent for the guards, and took her before a justice - I had my watch about a quarter of an hour before - I had not been in any company, I had been in the city.
Prisoner. He had got two other women along with him, and he said I had got his watch, and had given it to another woman.
Hoskins. It was about nine o'clock in the evening.
Q. Was it light or dark?
Hoskins. It was dark.
Q. How did you know her then to be the person?
Hoskins. Because we took her into the tavern.
Q. Was you sober then?
Q. It was an odd thing for a young gentleman to pick up a woman in the street, and was sober when you went about such a scandalous practice. Did not you charge two other women with it?
Q. You followed no other but she and one more, what became of the other?
Hoskins. There was a great mob about, and she got away.
Q. Did you find any thing upon the Prisoner?
Q. Then how could you charge her with taking your watch when she had nothing upon her?
Hoskins. There was another woman came up to her, and I belive she gave it to her, for I missed it before the other woman came up.
Q. How did she take it?
Hoskins. She wrenched my breeches open, and then I suppose she took it. I never let her go after I took her till I carried her before the justice, for I charged her with it directly - I was going through Eagle Court, it is a thorough-fare, I did not go into the court with her.
Mr. Forrest. I was coming along, I saw a quarrel, and looked into the croud, and saw Mr. Hoskins holding a woman (I think) by the collar, I assisted him, we got her into the tavern, she stripped herself, but the watch was not found upon her.
Q. Did Hoskins seem to be sober?
Forrest. He did.
Mary Hobbins . I am servant to a fishwoman - I have seen the Prisoner come to my mistress's habitation. I was coming with a jole of salmon, and saw a gentleman (that last witness *) with two women, and they both had their clothes up in the court; so, says I, What do you go to play the rogue together, and they said get along you B - h, get along, and the woman pushed me down salmon and all.
* Hobbins was mistaken, she did not know the Prosecutor from the witness, though they were very unlike. She delivered her evidence in a very odd manner, laughing most of the time.
Q. You say you saw two women with the gentleman?
Hobbins. Yes; and they had both of them their coats up.
Q. What women were they; was it the Prisoner?
Hobbins. No, not this woman, for I went after the women for the salmon, for I knew my mistress would make me pay for it; so I said to the gentleman, you pushed me down, and the gentleman came up to the Prisoner, and said, you are one of the B - hes, and dragged her into the tavern. I stood a great while, and there came a great many soldiers, what became of the women afterwards I cannot tell; so, said my mistress, Do her all the service you can. - I am a Dutch woman.
Q. Could you discern whether the gentleman was in liquor, you are upon your oath?
Hobbins. Upon my oath he was very much in liquor.
Q. Was the Prisoner one of the women who was in company with the gentleman?
Hobbins. No, Sir.
Q. Did he pursue the other two women?
Hobbins. He run after them, but he could not overtake them; oh! L - d G - d bless me, this is the gentleman [she then happened to see the Prosecutor.]
Prisoner. He had a beggar woman before the justice.
Hoskins. I had hold of another woman, I had two women in my hand once.
Q. You swore positively that from that time you took the Prisoner, you did not let her go?
Hoskins. I did not let her go.
Q. to Hobbins. Was it light or dark?
Hobbins. It was dark, it was between nine and ten o'clock.
Jury to Forrest. Were Hoskins and you acquainted before?
Forrest. I never saw Mr. Hoskins before.
Jury. I think you say he was sober.
Forrest. He was.
Hobbins. He was very much in liquor.
Joanna Murray . I have known the Prisoner seven or eight years. I never heard any thing but that she had the character of a very honest woman - she is a married woman - I cannot tell where her husband lives.
Joanna Hanson . I serve her with bread, she kept the White Hart Inn in Hedge Lane - she is married to a shoemaker, her husband is a very honest man; she washes for me now. Acquitted .
251. + Ann Terry , of St. Giles's in the Fields , in the County of Middlesex , single woman, was indicted for that she on the 24th of April, in the 17th year of his present Majesty , being big with a female child, on the said 24th day of April, &c. she the said Ann Terry , the said female child by the providence of God from her body did bring forth alive, which said female child being so brought forth alive, by the laws of this land is a bastard; and that she the said Ann Terry , not having God before her eyes, &c. on the said 24th day of April, &c. after the said female bastard child was born, upon the said female bastard child being then alive in the peace of God, &c. feloniously, wilfully, and of her malice aforethought, did make an assault, and the said female bastard child feloniously, wilfully, and of her malice aforethought, in both her hands did take, and the said female bastard child with both her hands, out of a certain window in a lodging room belonging to the said Ann Terry three stories high, in a dwelling-house belonging to Esther Bird , Widow, in a place called Whetstone Park , into a paved yard, did cast and throw down, by which casting and throwing down into the said paved yard, she the said Ann Terry the said female bastard child several mortal wounds and bruises upon the head, back, belly, and sides, did give, of which said mortal wounds and bruises upon the head, back, belly, and sides, of the said female bastard child, the said female bastard child instantly died; and therefore the Jurors do say, that she the said Ann Terry , the said female bastard child, feloniously, wilfully, and of her malice aforethought, did kill and murder, &c.
She was a second time indicted on the Coroner's Inquest for the same murder.
Mary Ditcher . On the 23d of April I happened to be abroad, and when I came home I was told the Prisoner was in a violent fit of the colic; I said, Nanny, you being something in years may have some disorder. She had a Miss a little before Christmas. I sent her some penny-royal water, and when I came up again I saw some further disorder, but no appearance of the birth of a child. I asked her what ailed her. [The witness expressed herself so as to show the nature of the Prisoner's disorder.] I sent for her aunt, and gave her that which was proper. In the morning the child was found in the yard. Her aunt came to me, and said, Mrs. Ditcher, Nanny has thrown it out. Said I, what has she thrown out? Why, a child, said she. Said I, you frighten me to death. I said, oh Nanny! how could you be so barbarous as to throw it out? Said she, Mrs. Ditcher, I did it to hide my shame, and for fear you should see it. I asked her, whether the child was alive when it was born, and she said it was not. I did not see it till next morning.
John Phillips . Between five and six the 24th of April in the morning as I was going to my work, I saw a dead child lye upon the pavement in the yard upon it's back, so I went and alarmed the people of the house where the Prisoner lives - I live on the ground floor in the same house.
Q. Did you make any observation upon the child?
Phillips. No more than to see that it was a child.
Ann Tanner . On the 24th of April I was called to the Prisoner at the bar. I found she had been delivered of a child. [She said she performed the business of a midwife.] I asked her how she could do such a barbarous action as to throw her child out of the window? She said she did it to hide her shame. Whether the child that was found was the child she was delivered of, I cannot tell.
Q. Did you see the child?
Tanner. Yes - it was a female child.
Q. Did you observe whether the child was born alive or dead?
Tanner. I cannot judge whether it was or not.
Edward Kelleck . I was called by the Coroner in order to examine this child, and upon examination of the child, I found it in the first place entirely free from all cleansing, but naturally as it came from the body. Upon examination, after they had cleansed it, I found there was a large contusion on the left cheek by the Os Temporum, there was a confraction of that and the jaw bone. I opened the Thorax to make an experiment upon the lungs, and some part of the lungs would swim, and some would not: she tore it away I suppose from her body. I saw upon opening the lungs that part of them were a little inflated, and would swim; this is a common experiment upon this subject, but by the tearing it away from her body, there was not time to inslate the lungs, and make them hollow. The child was blackish, which shows it was in a fluid slate while it was in the mother's body; but whether it had breathe or no after it came out of the body, I cannot pretend to say.
Q. What is your general observation in cases of this nature?
Q. If a child is still-born, and dies before the delivery, the lungs will never swim; but if a child should die in the delivery, will they swim?
Kelleck. It is possible they may, but I believe she was so hasty in the birth, that I apprehend she did not give time to let it breathe.
Q. If the child had any respiration, would not the whole lungs be inflated with the first respiration?
Kelleck. No; there must be several respirations before the whole lungs come to be inflated.
Q. Now as to the contraction or expansion of the lungs, I would ask you, whether, if the actual respiration from which the blood circulates is performed for three or four seconds, all the lungs are not expanded?
Kelleck. No; I believe not in so short a space.
Q. Now in the case of a still-born child, will part of the lungs swim, and part sink?
Kelleck. There have been experiments both ways.
Q. Suppose a child is suffocated in the delivery, in that case does it occur to you, that part of those lungs have swam, and part have sunk?
Kelleck. Sometimes they have partly done so, and partly not, that is to say, if it was suffocated in the birth.
Elizabeth Stendrup . I have known the Prisoner thirty seven or thirty eight years, I have reputed her a very silly foolish girl, not capable of taking care of herself. I never heard any ill of her, nor nobody can say any harm of her. I believe sometimes she is not compos mentis.
Q. Do you think she is capable of knowing whether she is with child, or not?
Stendrup. I cannot tell what to say to that; I believe she might be so far non compos mentis as not to know the danger there might be attending the want of care.
Q. Mrs. Ditcher, when you ordered her some pe royal water was she in her senses?
Ditcher. I cannot tell; as to the questions I asked her, she did not answer as if she had any sense.
Q. Why so?
Ditcher. Because she said when she flung it out at the window it was to hide her shame; and I asked her as to the other matters that belonged to the child, and she did not know what I meant. I asked her several questions afterwards, and she answered me as if she was delirious, particularly with relation to the manner of her delivery. And I asked her who was the father of it, she hammered a good while, and at last she said it was one that was apprentice to her brother. I saw the lad she laid the child to, the morning it was found, and he said he would have taken care of it, if he had known she had been with child by him. Guilty , Death .
252, 253, 254, 255. James Haycraft , Ann Henley , otherwise Haycraft , Samuel Smytheman , and Elizabeth Eaton , of St. Margaret Westminster , were indicted for stealing a parcel of hardware, consisting of razors, pen-knives, buckles, buttons, &c. to the value of 30 s. the goods of William Griffiths , April 6 .
Ann Griffiths . On the sixth of April I was called up at four o'clock in the morning, and found my shop broke open, and was robbed of the things mentioned in the indictment. I heard the Prisoners had given aw ay several things, upon which I got a search warrant, and had them taken up; the men owned the breaking open the shop, that they were full two hours in it, and carried away the goods in a sack: the women owned that they stood watching, and that they were to give a sign if any body was coming by.
Thomas Rawlins . I had a search warrant directed to me from Justice Poulson, and I found all the goods mentioned in the indictment in Mr. Whiting's show-glass, and Mrs. Griffiths said they were her goods. I heard James Haycrast say he was two hours in the shop, Smytheman said he was on the outside with the women. James Haycraft wanted to be admitted an evidence.
Q. What may be the value of these goods?
Griffiths. I cannot say exactly, I believe 30 s. if they were to be sold they would bring more.
James Haycraft . On Friday the 6th of April about six o'clock in the morning, I called Smytheman up, and we went out a chimney sweeping, and got as much foot as we sold for sixteen pence, and coming home I kicked my foot against a trunk, and carried it home, and the next day we sold those goods to Whiting for 9 s. and 6 d. [the other three Prisoners said they sold them to Whiting for 9 s. nad 6 d. ]
Griffiths. They stole the trunk out of my shop, and owned before the Justice that they burnt it, in order to prevent a discovery.
Ann Henley , otherwise Haycraft, says, that she was married at Town Malden in Kent to James Haycraft about three years since. That on Friday night last Samuel Smytheman said he wanted some money, and that they all went to Mr. Griffiths's shop, broke it open, and took away a parcel of goods, which they sold to one Whiting in Holborn.
Samuel Smytheman says, that he and James Haycraft have committed divers burglaries, &c. and this examinate says, that about a week before that time, Ann Henley proposed the breaking open and robbing Mr. Griffiths's shop, and that she, himself, and James Haycraft , went to view it, that James Haycraft said he was resolved to go and break open the shop that night; that they went there about ten o'clock at night, and James Haycraft broke it open with a hammer, &c. and that they remained there till the clock struck twelve: that they put the goods into a sack, and as they were coming along some of them sell out, but they were picked up; that they were carried to this examinate's lodging at Petty France, Westminster, that they went into Holborn overagainst Gray's-Inn Gate, to a man who keeps a stall, and that the man was very ready to buy them without asking any questions. That they asked 20 s. for them, but the man bid them but 8 s. that one Francis Whiting bought them for 9 s. and 6 d. and told them, if they had any handkerchiefs to bring them to him on Monday, and he would buy them, for he was going into the country.
This examinate says, that on Friday last, Samuel Smytheman , Ann Haycraft , Elizabeth Eaton , and himself, broke open a shop belonging to William Griffiths , that Smytheman went in first, and that they put the goods into a sack, and brought them away between twelve and one o'clock, and that the two women kept upon the watch; that the next day they went to Francis Whiting in Holborn, who went to a cellar by Gray's-Inn Gate, and that they sold them to him for 9 s. and 6 d. which money was divided between them share and share alike.
This examinate says, that she has been acquainted with Samuel Smytheman about a year and an half, and has lived with him as man and wife for six months past; that he was an industrious fellow till within these four months, since which he has been acquainted with James Haycraft , who lives in Angel Court at Story's Gate, Westminster, that they went to one Whiting in Holborn, who bought all the goods which were stole out of Mr. Griffiths's shop, (except a few pair of buckles which they kept themselves) for 9 s. and 6 d. and no more, and that was divided between them share and share alike; and that Whiting asked them if they had got any wipes [meaning handkerchiefs] and if they had, if they would come again on Wednesday he would buy them of them, and give them as much as any body would.
Patience Fowler . I was sitting in the kitchen which looks into the shop, and saw the Prisoner come in and take a piece of pork that hung in the inside of the shop, he pushed the hatch half way open, and took it down. Guilty 10 d.
Francis Shoeler , was indicted for stealing seventeen pound weight of glass, commonly called a composition of glass, value 3 l. the goods of Benjamin Bowles , April 13 .
John Morse . I am clerk to Mr. Bowles, that fellow the (Prisoner) took seventeen pound of glass, which we call a composition of glass: there are ten colours in it. One Mr. Hakewell a jeweller in St. Martin's le Grand came to my master, and told him some of his servants had robbed him; for says he, there came into my hand seventeen pound of the same composition which I have had in my hand in your warehouse; Mr. Hopkins in Aldersgate Street brought me the glass, and I am satisfied it is yours: let your clerk come to my house, and I will get a light into this affair. I went to Mr. Hakewell's, he showed it me, and I was satisfied that it was our own: said he, if you will go to Duke's Place I will show you the person that sold it. I went into Duke's Place to Samuel Levi , a Jew, who sold it to Mr. Hopkins the jeweller; and he went with me to enquire after the Prisoner, and Levi took him at an alehouse in Tower Street. [There were several sorts of the composition produced;] that in the basket is what the Prisoner sold, and here is some of Mr. Bowles's of the same number and colour.
Q. How came you to suspect the Prisoner?
Morse. The Prisoner has had access to our warehouse, under pretence of buying wine glasses, which he used to get flowered round the edges, and when the warehouse keeper was gone into the soror, where the glasses are neiled, the Prisoner had an opportunity of taking this out of the baskets.
Q. What is the use of this composition?
Morse. It is for the jewellers, it is for making pendants for the lady's ears, and jewels for the kidies necks. He will tell you an idle story by and by how he came by it, but I believe that will be of no avail to him, for I am pretty sure no body makes this composition but Mr. Bowles.
Q. Did he use to buy any of this composition?
Morse. No; he bought nothing but drinking glasses.
Prisoner. I have used his house ever since I came to England, I belong to the Queen of Hungary, I am of Prague in Germany.
Samuel Levi . The Prisoner at the bar came to my house in Duke's Place, and offered to sell me some composition of glass, I did not know the value of it, (I believe that is the same sort of glass) I told him I would go and enquire about it. I went and showed it to several people at the coffee-house, and nobody could tell what it was worth. I came back to him, and said I did not understand it; and said, if you think sit to leave it with me, I will show it to some gentlemen, and the Prisoner left it with me upon commission to sell for him if I could. I carried it to Mr. Hopkins a jeweller in Aldersgate Street, the Prisoner told me I must ask 4 s. a pound for it, and I asked Mr. Hopkins that price; he said that is too much, but if you will leave it with me, Mr. Levi, I will show it to a person who may buy it. I left it, and came to the Prisoner, and told him so, and that he must tell me the lowest price, and he told me I must take half a crown a pound, which was the lowest price, and Mr. Hopkins offered me half a crown a pound, and paid me two guineas: there was seventeen pound three ounces, and I brought the money to the Prisoner, and he gave me 3 s. and 6 d. for my trouble.
Jury. Have not you seen large quantities of this glass in Mr. Hopkins's Shop ?
Levi. No; I never saw any quantity of it in his shop, only the work that was made of it.
Prisoner. I carried the glass to Mr. Levi to dispose of for me because I was a stranger to that sort, and left it with him for two days, and he brought me 2 s. a pound for it; I told him I would rather have my glass again, and I said bring me the glass again, and he said there was no such thing as getting it again, for the gentleman would not part with it, so I was forced to take the 2 s. a pound for it, thought it cost me more.
Q. How did you come by it?
Prisoner. I deal in glasses, I carry a basket about streets, I had it in exchange for some figured glasses, a pepper box, and several other things. I offered this glass to their warehouse-keeper to exchange for drinking glasses, and he would not take it.
Q. Do you know any thing of this?
Morse. I have been told so, our warehouse-keeper told me the Prisoner had been with three or four small pieces to change for drinking glasses, and that he made him this answer; our business is to sell this glass, we never take any again.
Q. Do you sell it to any but jewellers?
Morse. Never to any but jewellers as I know of.
Jury. Is there nobody that makes this composition of glass besides Mr. Bowles?
Morse. Not that I know of.
John Brown, a Juryman Sworn.
Q. Do you know any thing of any composition of glass of the same nature with this, which is sold by other people?
Brown. Yes; there is Mr. Batailliard and another person, and there is an apothecary and surgeon by Moorfields who make this composition. Acquitted .
Lydia Booth , of St. Giles's in the Fields , was indicted for stealing a black cloth coat, value 12 s. a waistcoat, value 12 s. a pair of breeches, value 2 s. a grey coat, value 6 s. and a cinnamon coloured coat, value 3 l. the goods of David Johnson , in the dwelling-house of Henry Coffin , April 19 .
Andrew Rich . I bought the clothes of the Prisoner the 19th of April, and sold them to Hugh Osburne the 20th. [The cinnamon coloured coat which Rich bought of the Prisoner was produced, and proved by Johnson to be his property.]
- Henn. I bought this coat of Mr. Osburne, and sold it to Mr. Hunt. [The clothes that were produced were owned by the Prosecutor.] Guilty 4 s. 10 d.
259, 260. + Thomas Dobbs , and Isaac Goldburne , of Christ Church, Middlesex , were indicted for stealing twenty six pound of fat, a shoulder of mutton, a shoulder of veal, a brisket of beef, a chuck rib, a middle rib, a rump, and two leg of mutton pieces of beef, and sundry other pieces of meat, value 30 s. the property of John Abell , in his shop . And
John Abell . On the 16th of April I lost several pieces of beef and other meat out of my shop in Spittlefield's Market , which are mentioned in the indictment, and a flank which I did not find. In the morning I found the door a jar, and missed two or three pieces of meat; I looked further, and found that there was more gone. I went to one Abraham Lardent 's in the market, where I thought there were some loose persons lodged, and asked him what time such an one came in; he said he came in at three o'clock in the morning. Mr. Lardent said, I will endeavour to find it out for you, we heard somebody was taken up, and we went to the Compter, and there was Thomas Dobbs ; I said, how could you serve me so as to take my meat away? If you know any thing of it, said I, this is the only time to clear yourself: said I, who was concerned with you? He said, there was one Isaac, I cannot tell his other name, he goes by the name of Dumb Paw, [he has a lame hand] and Dobbs told me the meat was lodged at one Carpenter's in Gravel Lane. I went to Carpenter's house, and said, have you got any meat here? Yes, he said he had; said I, will you let me see it? yes, he said, and welcome; when he showed it me, said I, this is my meat. I asked him how he came to take it in, he said they told him they were going to Leadenhall Market with it. I asked him if he would let me have the favour of taking it away, he said yes, so I sent my son and another person and took the meat and sat away; the meat was vastly tumbled, and looked like dogs meat, and there was some of the sat in a bag that belonged to Mr. Carpenter. After that I said he must go along with me, he said with all his heart. I had a constable behind me, and Carpenter went to the Compter along with the constable and me.
Q. Did he tell you he knew that these people came dishonestly by it?
Abell. He said they came over night and gave him half a pint of gin to tell them about lodging the meat there.
Abraham Millar . I was a constable for that night, there were two or three other constables with me, we went into several disorderly houses in order to get men for his Majesty, and by Stony Lane I met this Dobbs between one and two in the morning, he passed by us, and I did not take much notice of him, he seeming to be a boy: some time afterwards I saw him again, and then I asked him where he was going, he made no answer; he had something under his arm, I asked what it was; at first he made no answer, but the second time being asked what it was, he said what was that to us; I told him we were officers of the night, and had power to lay hold of him unless he gave a good account of himself; he made us no answer; I looked into an old apron that he had, and there were two pieces of beef. I asked him how he came by it, he gave us no answer. I told him if he did not tell us how he came by it, he must go to the Compter, still he would not tell us his name, who he was, or where he had it; and as my brother officer had him in hand he confessed he had broke open a shop in Spittlefield's Market, (he did not tell it to me.) In the morning I had him before the Alderman at Guildhall, and then he confessed the whole fact - He confessed that he and Isaac, (I cannot tell his name, I think they call him Dumb Paw) broke open the shop with a chopper, that they took down the moulding of the window, and then took a shutter down, and then
Abell. I heard him confess he had a chopper, and took down a shutter with it.
Abell. I never employed him in my life.
Bond. Yes; you have in watching of meat.
Abell. I believe I have in that.
Alice Pell . Dobbs has a very good character, I never knew him wrong any body in my life. I have sent him for money several times, and he has brought it very just and true. I have sent him for ten or twelve shillings, or a guinea at a time, this about three months ago. I have known him twelve years, he is a good honest boy.
Jury. Are you a relation of his?
Pell. I am his sister. Goldburne and Carpenter acquitted , Dobbs guilty 4 s. 10 d.
262. + Hugh Connor , of St. Giles's in the Fields , was indicted for breaking and entering the dwelling-house of Bridget Berridge , Spinster , about the hour of one in the night, and stealing a diamond buckle, value 15 l. three silver casters, value 5 l. a silver tankard, value 10 l. 10 s. two silver candlesticks with snuffers and stand, value 6 l. a silver sauce pan, value 2 l. 12 s. 6 d. a silver mug, value 1 l. 12 s. 6 d. eight silver spoons, value 7 l. 8 s. a silver spoon gilt, value 8 s. a knife and fork with a silver handle, value 10 s. a gold chain for a watch with three seals, value 3 l. a silver pepper box, value 11 s. 6 d. a silver soop dish, value 8 l. a silver salver, value 7 l. a silver waiter, value 1 l. a silver porringer, value 1 l. 15 s. a pair of silver monumental candlesticks, value 10 l. 10 s. a silver cup and cover, value 10 l. a snuff box with an Onyx stone, value 2 l. 2 s. and six diamonds, value 40 l. the goods and chattels of Bridget Berridge , April 23 .
Bridget Berridge . I live in Denmark Street St. Giles's , my servant had been sick, and left my service, and upon that account I went out of town on the Wednesday, and staid till Monday, when the other servant was to come. I keep but one servant, a maid servant. I came to town on Monday the 23d of April between five and six in the evening, and when I came to my house there was a constable and a great croud about it, and the constable told me the house had been robbed, and set on fire - I left the house safely locked up when I went out of town.
Q. How did you find things when you went in?
Berridge. They were all scattered about the house.
Q. Had your house been broke at all?
Berridge. I cannot tell that. The plate, &c. were in a closet in my room, I used to keep them in a trunk in that closet.
Q. Give an account of what things you lost?
Berridge. I have lost a great many more things than are there. [A great part of the plate was produced, viz. the tankard, the salver, the monumental candlesticks, &c. and Mrs. Berridge mentioned the particulars of most of the plate, as set forth in the indictment] I lost a great many other things that are not in the indictment, and I lost bank notes * and cash too.
* It is computed the whole loss, bank notes, money, jewels, plate, linen, &c. amounted to upwards of two thousand pounds.
Q. Do you know the Prisoner at the bar?
Berridge. I know nothing of him, I never saw him in my life before.
Prisoner. Did you ever know me in your life time, Madam?
Berridge. No, I never did.
Prisoner. I know nothing of her, I am sure.
Samuel Urton . On the 23d of April about eight o'clock in the evening the Prisoner came to my shop in order to pledge this diamond buckle, he asked me 7 s. upon it, and I said I would lend him but 3 s. he stood very hard for 4 s. and I lent him 4 s. upon it, and I saw he was very full of money.
Q. Did you know any thing of him before?
Urton. Yes; the man does not live above thirty yards from my house, he came into the shop some days before, and was with my servant trying with a hammer whether some things were gold or not. I did not let him know that it was a diamond buckle, but he took it for a cypher buckle, an ordinary thing. I apprehended there was a robbery
Mrs. Berridge. This diamond buckle I left in my house when I went out of town.
Urton. On the Wednesday morning I saw an advertisement in the papers, and went to Mrs. Berridge directly, and got two warrants from Sir Thomas de Veil , one to search his house, and the other to take his person.
Q. What is the Prisoner?
Urton. He is a labourer to the paviours, he had lived in the neighbourhood a year or two. After I had got the warrants, I sent my boy to watch when he came. As soon as he came home, my boy came and told me, and then we went to his house, and took him and his wife together, but by some means or other the wife slipped away, and we thought she was gone for a set of Irish to make a rescue. We searched the house, and I believe there was as much linen as was worth a hundred and fifty or two hundred pounds.
Q. Where did you find this plate?
Urton. It was found hid about the bed, and some under the bed. I would not search before Mrs. Berridge came, and she owned these things as soon as she saw them.
Prisoner. He has known me these three or four years, he never knew any harm of me.
Urton. I have known him a good while, I never heard any such thing of him before; he used to come and borrow a shilling or six pence now and then upon some ordinary things of his own.
George Appleton . Mr. Urton brought a couple of warrants to me, we went to the Prisoner's house, and Mr. Urton said, Mr. Connor, I want to speak to you, then he told him his business. I searched him, and found in his hand a silver snuff box, and in his pocket the box with the diamonds, and the watch chain; there was another snuff box with three guineas in it, and I laid hold of a silver tankard.
John Lloyd . I happened to be attending the parliament house at Westminster, Mr. Clarke came to me, and said, they were seeking after a man who had committed a very great robbery, and desired I would go with him; I said I had no warrant; Mr. Clarke said you may detain a thief without a warrant, and the other constable (Appleton) and I, and Mr. Urton, went and took the Prisoner. The other constable bid me search his pockets while he held him, I only searched to see whether he had any knife, pistol, or other weapon, and then the other constable pulled several things out of his pocket.
Jonathan Thistletion . I went to the tavern to take half a pint of wine, and my kinsmen came to me, and told me that Mrs. Berridge's house was on fire. (this was last Monday was fortnight, April 23.) I went to the house, there was a constable, and a very great croud; said I to the constable, what are you here for, break the door open? I went first into the kitchen, there was no fire there, I came into the dining room and I was forced to go back the smell of fire was so strong. I went into the closet, then the fire began to burn, and the trunk was on fire. I clapped my hand upon it, and beat the fire in. Close to the wainscot they had placed this stool, [the stool was produced, which had been stuffed, but the covering was burnt; a trunk was also produced with a hole burnt through the lid about six or seven inches square, which Mrs. Berridge said was the trunk which she kept the plate in,] close to the stool they had placed this trunk, and the waincoat began to slake; the stool I slung out of the window, and I thought if there had been any thing in the trunk when I beat the fire in to have thrown that out of the window, but it was quite empty. They had so contrived it to set fire to these in the closet (for the next house to it is a cabinet maker's, and a slight wooden building) that if it had been in the night we should have been all in flames.
Prisoner. That house did not belong to me.
Hunt. Some of the plate was found in drawers, others were hid in the bedclothes and under the bed. I was informed that the Prisoner had taken another house just by, so after we had secured the plate we went and searched the new house, and in that house I found these keys [there were some picklock keys produced] and in that house I found a receipt for a South Sea annuity, which was given in the name of Berridge.
Mary Morson . On the 23d of April, it was on a Monday morning, I was going to market with my partner, I met Mr. Connor at the end of Maid's Court - it was between four and five in the morning, we bid good morrow to Mr. Connor, and he to us; when we came to Hog Lane I saw a sack lye upon the pavement, he ran to the sack, and took hold of it, and as he held hold of the sack he said this sack is very heavy, lend me a hand with it - he said you had better help me up with the bag, and he called out whether any body owned it, and
Q. When was this, how long ago?
Morson. I cannot tell how long, it was; April 23. St. George's Day.
Q. What bulk was it?
Morson. It was more than he could lift, or he would not have asked us to help him up with it.
Q. Was it corn, or what was it?
Morson. It felt like clothes - it felt hard and rattled, and he said afterwards, d - n it, there was nothing in but broken bottles and old rags.
Q. How farris Maid's Court from Denmark Street?
Morson. I do not know, it is by Peter's Street, near Soho Square, between Soho Square and St. Giles's.
Q. What business do you follow?
Morson. I belong to Billingsgate, I was going there for fish.
Q. Was it light?
Davis. It was light - as I was going along I met Mr. Connor - I have known him these five years - he lives in Berwick Street, he bid my partner good morrow, and she said the same; she asked him where he was going, and he said he was going to work; he went a little further, and he said here is a sack, I think it feels heavy, and he called to Mrs. Morson to help him up with it, and she helped him up with it upon his shoulder, and I laid one hand to it - I was going to Billingsgate.
Q. Then he did not go any part of the way with you?
Davis. Yes; he went a little way with me.
Q. Was not he going up Tyburn Road?
Davis. He came along with us through Maid's Court, and when we came into Hog Lane there the sack lay - Denmark Street comes into the middle of Hog Lane.
Q. How came he to go with you any part of the way?
Davis. It was all in our way.
Q. Did the court go towards Billinsgate and Tyburn Road too?
Davis. We did not go to Tyburn Road.
Q. Then you did not trouble yourself to know what it was?
Davis. No; I did not - I did not hear any more of it till I was subpoena'd. I did not know of his being taken up only as my partner told me.
Thomas Davis . I have known the Prisoner about a year and a quarter, he worked for me some time as a paviour's labourer. I never heard any harm of him - He does not work for me now, he had been going away a week before this.
Q. Is he an industrious sober man?
Hatton. I cannot say any thing to that.
Q. How do you know any thing of him?
Hatton. He has come to me and pledged some of his wearing apparel, and has paid me very honestly.
Q. What is his character?
Spratton. What he had of me he always paid me very honestly for.
Q. to Urton. Do you think there were more of all the things than one person could carry?
Urton. There was as much as two porters could carry at once, there were two very large bundles.
- There was as much linen as I could well carry out of the coach into Sir Thomas de Veil 's house. Acquitted of the burglary, guilty of the felony out of the dwelling-house to the value of 50 l. Death .
Robert Tredgett . I have been robbed for several years past of beaver and rabbet's fur, but I could never find the thief till lately. I had a great mistrust of one of my boys, who I took up with a constable with pretty full proof against him, and he impeached his fellow apprentice, the Prisoner, and the Receiver; but he is not taken.
Q. Do you know any thing of his taking any of your master's fur?
Price. Yes, I sold the last parcel for him - Ten ounces of rabbits fur.
Q. How do you know that?
Price. Very well.
Q. Did you see him take it?
Price. Yes, I saw him take it out of my master's stuff room?
Price. No, never.
Q. Who did you sell it to?
Q. Did you never take any for your self and sell it?
Price. Yes, I have acknowledged it.
Q. Did the Prisoner ever sell any for you?
Price. No, I always sold it for him and myself too. - I sold it at four pence halfpeny per ounce.
Q. What is the fur worth?
Tredgett. It is worth between 6 d. and 7 d. or about 7 d. an ounce.
Q. What opinion had you of the boy before Price told you this?
Tredgett. I thought he was a very honest boy; about an hour before, I had a very good opinion of him; I had no reason to think the contrary. I had a suspicion of Price for some months, and laid a trap to catch him. I was told of it three months ago. Acquitted .
264. Robert Howard , of St. Margaret Moses , was indicted (after the 24th of June 1731. to wit, on the 9th of April 1744 .) for stealing 32 pound weight of lead, value 2 s. 8 d. fixed to the dwelling house of Edward Wall , against the form of the statute, &c.
Edward Wall. I lost the lead from over the door. It was there at eight o'clock on Sunday night, and gone before six on Monday morning; there was about thirty two pounds ripped off; the Constable told me his watchmen had taken a man with some lead; we carried it to the place, and it fitted exactly. I believe I can, with a great deal of safety, sweat that this is my lead.
Prisoner. As I was coming along, I found it against some iron rails, and I thought I had as good a right to take it as another person.
William Phipps . I am a watchman, belonging to Queenhith. About half an hour after four the Prisoner comes by, and says, Good morrow watchman; and I said, Good morrow to you. After he was gone by, I said to my brother watchman, that man is a lead stealer. I had him in custody once before upon that account; so I stopped him, and found the lead upon him, hid under his coat. He said, he was going over the water, and I had no business with him. The lead was carried to Mr. Wall's house, and sitted exactly, and there was the same coloured paint upon the lead, as was upon a gutter, that joins to the door.
Thomas Walker . I was by when Phipps laid hold of the Prisoner; we challenged him, and asked him, what he had got under his coat. He said, Nothing that is yours; and he dropped the lead from under his coat. Guilty .
Robert Miles . I am a Coach Tire Maker . The Prisoner has often robbed me of nails and iron; the last I know of, is, half an hundred of old coach streak nails; he took them away tub and all; but I could not light of him till last night.
Richard Lindup . I saw the Prisoner take half a hundred of stubs, which were in a tub; I asked him, what he was going to do with them? He made me no answer, but went away with them. He came last night to his master, and abused him very much, and he said, I am come to surrender myself to clear myself. His master took hold of him, but he got from him and run away, and we took him in New Broad Street; he kicked me over the shins, and pulled out a knife and fork, and threatened to kill us.
Robert Miles . I was at a publick house last night over-against my own house; the Prisoner came and said, G - d d - n you for an old rogue, I am come to surrender myself to clear myself. Said I, I am glad of that, and though I am very lame, I got hold of him, but he dragged me out into the street, and had like to have thrown me into the channel; he got from me, and run away. Guilty, 10 d.
266. Sarah Cooper , of St. Sepulchre's , was indicted for stealing a shift, value 12 d. a yard and a quarter of striped linen, value 12 d. a shirt, value 2 s. and a body of a child's shift, value 6 d. the goods of Robert Smith , May 5 .
Jonathan Clement , of St. George Hanover Square , was indicted for stealing a silver spoon, val. 12s. the goods of Anthony Duncomb , Esq ; April 11 .
Lewis Henry . I am butler to Mr. Duncomb. On the 11th of April, I missed a silver spoon; on the Friday following, by an advertisement, I found that the spoon was stopped by Mr. Jacob; the Prisoner used to fetch away the hog-wash, and he said, he took it away with the wash. This is one of Mr. Duncomb's spoons; it was whole when I missed it - He did not use to come through the house to fetch the wash away.
268. Diana Woodcock was indicted for stealing a pair of sheets, value 2 s. a pillowbear, value 1 s. a table-cloth, value 1 s. a pillow, value 1 s. and a rug, value 2 s. the goods of Eliz. Feere , April 15 .
Eliz. Feere. I missed these things, got a warrant, and took the Prisoner up. I could not find the things at first; she said, she had sent the linen to be washed; but she owned afterwards, that she had pawned some and sold others. Guilty .
George Bailey . I left my barge at Brook's wharf; at three o'clock in the afternoon a boy came and told me, he saw the Prisoner take my coat out of the barge. I was informed the Prisoner was up at the Barracks in the Savoy; I had him taken up and carried before a Magistrate; he owned he stole the coat, but was very much in liquor; this is my coat.
270. Sarah Howard , was indicted for stealing a holland shirt, value 9 s. the goods of William Westwood , a shirt, value 8 s. the goods of Andrew Edwards , a shirt, value 5 s. the goods of William Hutton , a shirt, value 3 s. the goods of Thomas Hart , and a handkerchief, value 2 d. the goods of David Wilson , April 20 .
Mary Milney . - I do know the Prisoner; that is her; she knows me; I lost these goods the 20th of April, out of my garden in Prince's Square, off the line, as they were drying. I had taken these things in to wash. She said, she was drunk, and that she stole the linen.
Jane Wilson . There is a Gentleman who lives just by saw the Prisoner take two shirts off the line; and seeing her go through his house, he came out of his house, and called to know if we had sent any body to take the linen down. The Prisoner fell down on her face, with the things in her apron; I turned her over, and took the things from her.
Rachael Benn . I saw the Prisoner taking the linen off the line, and thought it was somebody Mrs. Milney had employed to take them down. I said to her before the Justice, are not you a vile hussy to take these things? You will bring yourself into trouble; and she said, indeed, Madam, I had not taken them if I had not been drunk. Guilty .
Charles Kettree . I lost a coat, and went to seek for it in Rosemary Lane, and I found it in Rag Fair about three quarters of an hour after I lost it. I secured the woman who had it, and she said she had it of the Prisoner to sell, and was to have three pence for selling it. The Prisoner was then in the cage, and I charged an officer with her. Acquitted .
273. + Robert Rockett , was indicted (with Walter Neagle , not yet taken) for assaulting Richard Pidgeon on the King's highway , in the Parish of St. Botolph without Aldgate , in the County of Middlesex, putting him in fear, and taking from him a Guinea and 16 d. in money , the property of the said Richard Pidgeon , December 30 .
Richard Pidgeon . On the 30th of December last, a little after nine o'clock at night, I was going home from St. Catharine's into Burr Street, where I live. Just as I came up by the King's Brewhouse, I saw four men stand opposite to me on the other side of the way talking and laughing. When I had got about ten yards from them, I heard somebody come after me. One of them came up to me, catched me by the shoulder, and asked me, what ship I belonged to; I answered, what was that to them. Another came on the right hand side of me, and said I must go to their officer. With that, my Lord, I told them, if they behaved like Gentlemen, and did not pull and hall me along. I would go with them. I had not walked above two or three steps before their officers (as they called them) came up to me, and one of them put a pistol to my mouth. and shoved me up against a palisado. When he had shoved me up against the rail, another came with another pistol, and they put one to each corner of my mouth, and said I must not speak, if I did they would shoot me. Then two of them came before me, and put their hands into my pockets, and I lost a guinea, a shilling, and some half pence. They asked me for my watch; I told them, I did not carry a watch. There was a little girl came out, who took me for her father, and cried out, oh lah, oh lah, what do you do to my father? I don't know what I should have done if it had not been for the child: one of them put a pistol to the child, which put me under more concern than I was under for myself.
Q. Did you know any of these people?
Pidgeon. When this Sherlock came up to me, I knew something of his face, but I cannot positively swear to Sherlock.
Q. Can you take upon you to say that the prisoner was one of the four?
Pidgeon. I cannot positively swear to him.
Q. Do you know the Prisoner?
Pidgeon. I believe he was one of the four.
Q. Can you say from what you saw at that time that the Prisoner was one of the persons?
Pidgeon. He was in a different dress then, that I cannot be certain; they were very well dressed persons, and very nimble men.
Francis Sherlock . On Friday the 30th of December, the Prisoner at the bar, Charles * Cleaver , and Walter Neagle being drinking at a publick house in St. John's Square, the Prisoner at the bar and Cleaver sent Neagle to my house in Jerusalem Court, to tell me they wanted to speak with me. When I came they asked me if I had a mind to get a peny in an honest way. Said I, Don't think I am a coward, I'll go any where with you; so we concluded to go to meet with the first Chance we could - all four of us; we paid our reckoning, and went to a publick house in Bishopsgate Street, and there we hadHarry Inkester 's, where we had a rendezvous; then we came up to St. Catharine's, and by the King's Brewhouse we met Capt. Pidgeon.
* He was tried in February Sessions upon two indictments, one for robbing Mr. Pidgeon, and the other for robbing Mr. Abraham Constable , in company with Rocket, Neagle, and Sherlock; and is now under sentence of Death. See Trials 174, 155.
In the names of the London Jury in the first part, for Duporty read Duborty.
Q. What did you do to him?
Sherlock. Neagle and the prisoner at the bar were standing at a Distiller's shop, and Captain Pidgeon passed us; the Prisoner and Walter Neagle stopped him and brought him to us; Cleaver stepped a little nearer, I believe, and they robbed him of shilling and some halfpence: Neagle clapped a pistol to his mouth, to keep him from crying out - The Prisoner had the money; I saw but a shilling and fivepence halfpeny.
Q. Did he tell you who he took it from?
Sherlock. He could not tell the man's name, he said he took it from the person he had stopped; the prisoner came up to us with a great oath, and said, I have robbed him; but he did not say at first what he took from him.
Q. Had the Prisoner ever a pistol?
Sherlock. Upon my word, I cannot tell; for I don't remember that we had above one pistol between us four; there was but one pistol, and that Neagle had.
Q. So he said he had got a shilling and fivepence halfpeny?
Sherlock. No, he said he had got some money; and when we came to the night-house in Newgate Market, he said he had got a shilling and fivepence halfpeny. - It was about ten o'clock when we got there.
Q. How do you know it was Capt. Pidgeon that you robbed?
Sherlock. I knew him in Holland, when he was Captain of a ship, and I was Mate of a merchant-man.
Q. What time did you meet Capt. Pidgeon ?
Sherlock. I believe it was a little after nine; but it was almost ten when we came to the Night-house; and we spent the money there.
Prisoner. He said I shewed him a shilling and fivepence halfpeny, and then he said, they did not know what money I had got.
Sherlock. I said, they did not know what money he had till he came to the night-house.
Q. Did you see Sherlock there?
Pidgeon. I had some knowledge of him, but I knew him when I was sent for the Wednesday following by Justice Willoughby to the Tower Goal.
Q. How came Mr. Willoughby to send for you to the Tower Goal ?
Pidgeon. He sent for me to acquaint me that a person was taken up the night before, and denied me to come and see whether I knew him; I went to the Tower Goal, and pitched upon him immediately, though I believe there were twenty people in the room.
Q. Did you know him at the time that you was robbed?
Pidgeon. I knew him so well that I should remember him whenever I saw him again.
Q. Where had you been then?
Pidgeon. I had been to see a Lady home not above 100 yards from the place where they robbed me, and was returning back again.
Q. Then you cannot say the Prisoner was one of them that robbed you?
Pidgeon. I would not say so for the world - I believe he was one of them - They were all genteelly dressed, with ruffles, like Gentlemen; they were as well dressed as most people.
Prisoner. I met Sherlock by Inkester's door. Said he, How do you do? I said I was glad to see him, and would drink with him, and I said. I design to go to sea to-morrow, so we went into Mr. Inkester's, and I took my leave of him there; that is all I know of the matter.
Q. I think you say the first place you met the Prisoner at was in St. John's Square, not at Inkester's ?
Sherlock. It was in St. John's Square, and we went from thence to the Round-about tavern.
Q. Where is Inkester's house?
Sherlock. 'Tis at the Golden Lion by Wapping New Stairs.
Q. Did you see the Prisoner on the 30th of December ?
Inkester. I cannot tell the day of the month, because I did not take any particular notice of it; in a publick house we cannot tell what day of the month people come in.
Q. Did you see Sherlock and the Prisoner at your house in December after Christmas.
Q. Was Sherlock there?
Q. Did they come into your house together?
Q. Did they go away together?
Inkester. Yes. I believe they did, I don't take much notice of these things; I leave such things to my wife and my servants - To the best of my knowledge they went away together.
Q. When they were going from your house, did they seem as if they were going in company, or did they take leave of one another and part?
Inkester. I believe they went away together; the Prisoner came to tell me he was going to sea; there was nothing of value between us to signify much; but it shewed an honest part, that he came to tell me he was going to sea.
Q. Were there any more in company?
Inkester. Yes, I believe there were two more.
Q. Do you know one Neagle?
Inkester. Upon my word, I don't know the man, neither do I know that ever I saw him.
Q. Do you know one Cleaver?
Inkester. Upon my word, there are a great many people come to our house that I don't know.
Q. Do you know two people that go by those names?
Inkester. I do not know them.
Q. You say, there were two men in company, besides the Prisoner and Sherlock?
Inkester. They were in the room, I don't know that they belonged to them.
Q. Have you any thing more to say?
Inkester. That is what I have to say; the Prisoner has lodged four or five years in my house, and paid me very honestly; and I believe there is no body that knows any thing to his discredit, or to his dishonesty; and I think it was the part of an honest man, to come to tell me he was going to sea.
Q. Have you any thing more to say?
Inkester. I have something more to say; his father is a merchant at Edinburgh; he has drawn upon his father for money, and he has sent bills to me for 20 l. 10 l. and 7 l. and they have been always very well paid by merchants in London; he was then Chief Mate of the Neptune, and was company for any Gentleman: I suppose you know Capt. Harris, who was one of the regulating Captains; the Prisoner was his Chief Mate, and kept his rendezvous at my house, and lodged there.
Prisoner. Sometimes I have had letters of credit from Edinburgh, and they were commonly sent to his house, and they were very honestly paid; as to what Sherlock says, I know nothing of the matter.
Jury. How was Sherlock dressed when he came that night?
Inkester. To the best of my knowledge, with a shag coat, and a waistcoat trimmed with silver
Q. Did he usually go so?
Inkester. He used to go very well.
Q. Had he any ruffles on?
Inkester. Upon my word I cannot tell.
Q. to Capt. Pidgeon. Did you see any of the persons that came upon you with a waistcoat trimmed with silver?
Pidgeon. I cannot be positive to that, they were very handsomly dressed; it was cold weather, and their coats were buttoned up.
THE PRISONER'S DEFENCE.
Q. What character does he bear?
Sparkes. I think he deserves no character but an honest one, and I never saw any otherwise by him. I have used that rendezvous before and after; I always paid my men at this Inkester's house, on a Saturday night, and I never saw any thing by him but what was sober and modest; he was not given to cursing and swearing, as some sailors are, and that made me take more notice of him; if you have a mind to call any body to my character, you will judge whether I speak truth or no - I am an anchor Smith.
Q. Do you remember his coming to your house with Sherlock and two more in the month of December ?
Inkester. Yes, very well.
Q. What day of the month was it?
Inkester. I cannot tell whether it was the 29th or 30th; they came in brushing, as a great many gentlemen are apt to do; there were some of the Sandwich gang there; I told them, there was a press-gang in the house. Sherlock said, I don't mind that, for I belong to a gang myself; Sherlock threw open his coat, and there were two pistols and a hanger. When they were going, I asked who was to pay me; and Sherlock said to my husband, D - n you, you owe me money. I wanted to
Q. Did you see Sherlock at your house two days together?
Inkester. No - It was either the 29th or 30th of December; it was one of the days.
Inkester. I can't tell any otherwise than my wife told me?
Q. Did your wife tell you of it before they went out of the house, or after they were gone?
Inkester. She told me Sherlock opened his coat, and that he had a couple of pistols, and I think a hanger by his side.
Q. Did she tell you of it that night or afterwards?
Inkester. I believe it was before I went to bed?
Jury. I desire to know what time you go to bed.
Inkester. That is an uncertainty.
Q. What time o'night did they go from your house?
Inkester. To the best of my knowledge, it was between eight and nine o'clock.
Jury. How far is your house from Burr Street ?
Inkester. I live within two doors of Wapping New Stairs; I don't know how far it is.
He was a second time indicted, for assaulting Mr Abraham Constable in an open place near the King's highway, called Brewhouse Yard, in the parish of St. John Wapping , putting him in fear, and taking from him a pen-knife, value 6 d. a cork-skrew, value 1 d. and 10 s. in money , Jan. 3 . but as he was convicted upon the former indictment, he was not tried upon this.
274. + Mary Shirley *, otherwise Catharine Davis , of All-hallows Honey Lane , was indicted for stealing two yards three quarters of striped cotton, value 5 s. 6 d. the goods of Matth.ew Wealy and John Rush , in their shop , April 23 .
* She was tried in July Sessions in the Mayoralty of George Heathcote , Esq; by the name of Mary Shirley , for stealing a remnant of linen in the shop of Thomas Setcole , and acquitted. Trial 21. p 6.
She was also tried in September Session, in the same Mayoralty, by the name of Catharine Davis , for stealing a piece of lace in the shop of William Coverley (and convicted for transportation.) Trial 89. p. 34.
The Prisoner begged the Court to give her what punishment they pleased, and not transport her; for she would rather be hanged than transported again.
Matthew Wealy . On the 23d of April the Prisoner came into my shop to buy two yards and an half of printed cotton; we did not agree, and I did not sell her any; there were several remnants upon the counter, which I had been shewing to a customer before. After she was gone out of the shop, Mr. Wiseham, a Linen Draper in the Poultry came and asked me if I had lost any thing out of the shop. I told him, I could not tell presently. He said, I believe you have had a shoplifter in your shop. After he was gone, I missed something. Mr. Wiseham came some time afterwards and brought me this remnant of printed cotton, which I had in the shop about a quarter of an hour before. I went directly to the Compter with Mr. Wiseham, and the Prisoner was there.
Prisoner. Ask him how he knows he had it a quarter of an hour before?
Wealy. Because I had shewed it to another customer.
Catharine Horabin . The Prisoner came into the Poultry Counter, to speak to C aptain Saunders. I was called to go with her into the back yard, and she dropped a bundle in the yard; she took it up, and desired me to put it backward into the cupboard (I don't know what was in the bundle) and I locked it up in the cupboard.
Q. Who took it out of the cupboard?
Horabin. I don't know, for my servant came to me for the key, and I gave it her.
Thomas Wiseham . On Monday the 23d of April, about four or five in the afternoon, as I was standing at my door, a person came to me, and said, there's one of the most notorious Shop-lifters in the Counter as ever was. Said I, I have lost a piece of calico this day, perhaps I may know the person. I went and looked at her, and she did not appear to be the person who was in my shop that day; I went back to my shop, and the person who told me she was a shop-lifter, said, she is gone into the Wheat-sheaf in Cheapside. I said, if she is so good a hand, may be she may make something; I went to that shop, and as I got there, she came out; I went into the shop, and asked Mr. Wealy whether he
Q. How had you the key of the cupboard?
Horabin. I did not lock it immediately; it was open some time, and the servant had the key, to take the liquors out; I was out of the room several times - I keep the tap on the master side of the Counter.
Q. Could not your servants come to that cupboard when they please?
Horabin. Yes, my servant may. - I have but one servant.
Q to Wealy. Was not there another woman in the shop after the Prisoner?
Wealy. There was another woman in the shop after the Prisoner, but she went the other way; the Prisoner went one way, and she went the other; and if the other woman had gone the same way, she was not gone long enough to get to the Counter when Mr Wiseham brought me the cotton.
Q How came you not to look over the goods as soon as the Prisoner went out of the shop?
Wealy. Because I had not time till the other woman was gone - She bought four yards of painted cotton. Guilty, 10 d.
275. + Robert Fuller *, of Harefield , in the county of Middlesex , was indicted for that he, not regarding the laws of this land, nor the pains and penalties therein contained, after the first day of June in the year of our Lord 1723. to wit, on the 24th day of February, in the 16th year of the reign of his Majesty King George II . with force and arms, at the parish aforesaid, in the county aforesaid, with a certain gun, loaden with gun powder and small stones, which he, the said Robert Fuller , then and there had and held in both his hands, wilfully, maliciously, and feloniously, did shoot at one Francis Bailey , against the peace, &c. against the form of the statute, &c.
* This is an indictment on the Black Act. which was made in the ninth year of his Majesty King George I. and continued by several acts. and was in the tenth year of his present Majesty continued to the first of September 1744. A person may be guilty under this act, without appearing disguised.
He was a second time indicted, for that he, after the first day of May 1734, to wit, on the 24th day of February, in the 16th year, &c. with a certain gun, loaden with gun-powder and small stones, which he, the said Robert Fuller , then and there had and held in both his hands, in and upon one Francis Bailey , in the peace of God, &c. then and there being, unlawfully, maliciously, and feloniously, did make an assault, and that he, the said Robert Fuller , in a forcible and violent manner, unlawfully, wilfully, and feloniously did demand the money of the said Francis Bailey , with a felonious intent, the money of the said Francis, from his person, and against his will, then and there feloniously to steal, take, and carry away, against the peace, &c. and against the form of the statute, &c.
Francis Bailey . On the 24th of February 1742 , I was coming from Uxbridge Market, and going home to a place called Harefield ; in my way home, I saw a man upon a stile, with a gun in his hand; when I came up to him, he jumped off the stile, and took hold of my horse's bridle, and clapped his gun against my body, and said, he would shoot me through the body. Upon that, I said, Don't shoot me, for that will do you no good, nor me neither. He laid hold of my horse's bridle again, and I put his hand away; then he put his hand in my pocket, and I put the gun away from my body with my hand.
Q. You say, he put his hand in your pocket?
Bailey. Yes; he did three times.
Q. What did you say to him?
Bailey. I said, friend, what do you mean, I am not willing to be robbed? he then turned away from me.
Q. What did you do then?
Bailey. I turned myself a little from him, then he turned himself round to see if the Uxbridge road was clear, and shot at me after I was going from him.
Bailey. About two pole I believe, not more, and I said to him, now you rogue, what good has this done you to shoot me, so he went to the stile from whence he came, and I saw no more of him, for my horse ran away with me, being frightened with the noise of the gun.
Q. Did any of the shot of the gun touch you?
Bailey. I was shot into my right arm and out at my elbow, it shot the bone all to pieces, I have had abundance of stones and bones come out in an unaccountable manner, and I was near twenty weeks in a languishing condition with this wound.
Q. Did the stones and bones come out of that wound?
Bailey. They came out of the very same place.
Q. Did he take any money from you?
Bailey. He did not take any, he would have taken some, but I would not let him, for I put by his hand.
Q. What did you say to him after he had shot you?
Bailey. I said, you rogue, what good has it done you to shoot me? and then he went over the stile - I cannot say he went over the stile, but I believe he did.
Q. What time o'night was it?
Bailey. It was about seven o'clock, it was a clear star light night, I saw him three poles before he came to me.
Q. Had you ever seen him before?
Bailey. Yes; and I knew his father very well, the Prisoner lived then at Hillingdon End, and I believe he does now.
Q. Had he any disguise over his face?
Bailey. No; none at all that I saw.
Q. Did you at any time observe any thing of his voice?
Bailey. No, Sir.
Q. What were the words he said to you?
Bailey. He gave me no other words, but bid me stand and deliver my money, those were all the words that came from him.
Q. Now you see the Prisoner, can you take upon you to swear that he is the man?
Bailey. That is the man, and nobody else - For the Prisoner. Here is a commitment of another * person for the same fact, and Bailey kept him seventeen weeks in prison, and never appeared against him at the goal delivery.
* Thomas Bowry was committed for assaulting Francis Bailey with an intent to rob, and was continued in custody upon the affidavits of Mr. Mellish a surgeon, that Mr. Bailey was so ill of the wounds he had received, that he could not come to London without danger of his life, but he was discharged at the goal delivery in June Sessions, 1743.
Q. Did you ever swear this fact to any other person but the Prisoner at the bar?
Bailey. To no other person in any way, I never was the man that offered any such thing.
Bailey. It was not done by me.
Prisoner. I never did any harm to him in my life.
Bailey. You are the person that did me the mischief.
A Witness. Bowry had got a bill and was cutting an elder tree, and he called to the Prisoner, and asked him, if he would have any leeks, he said he did not care if he had, and they went into a hogsty which was new built, and there was a gun, and Bowry asked the Prisoner what time he would go, and he said as soon as he had carried his leeks home, with that I went in doors and saw no more of them that night.
Q. When was this?
Witness. It was the fourth of April - I am sure it was in April.
Q. Where were they to go?
Witness. I cannot tell where they were to go.
Q. Was it a moon shiny night, or a dark night?
Witness. It was not a moon shiny night - this was about five o'clock.
John Flaxon - I saw the Prisoner and Bowry together several times that day - it was in February - the latter end of February I was at work in a garden, and Bowry and the Prisoner were together in the garden.
Q. What, the 24th of February?
Q. What o'clock was it when you saw them the last time in a garden?
Flaxon. About a quarter after five, I was then at work in the garden at Uxbridge.
Q. How far is that from Harefield ?
Flaxon. About two miles.
Francis Bowry (the father of Thomas Bowry .) My son was taken up upon this account, and kept here sixteen or seventeen weeks; he was not indicted, we bailed him out, and when we came to bail him there was no body appeared against him.
Bowry. I know nothing of that.
[The commitment was produced and read.]
' Receive into your custody the body of Thomas ' Bowry, of Hillingdon, in the county of Middlesex, ' carpenter, he being charged before me one of ' his Majesty's Justices of the peace, upon the oath ' of Francis Bailey, for assaulting the said Francis ' Bailey on the highway, on Bungey Hill, with an ' intent to rob the said Francis Bailey , and wounding ' him in the right arm, and shooting him ' with a long gun. And I do hereby direct you ' to convey the said Thomas Bowry to the said ' county goal, and him in safety keep till he shall ' be discharged by due course of law. Given under ' my hand and seal the twenty eighth day of ' March, 1742.
Q. Does Mr. Ashby act as a justice of the peace for the county of Middlesex?
Q. Did you never charge this fact upon any body but the Prisoner?
Bailey. No; upon no body else.
Bailey. Not any thing in this way of putting any man to Newgate.
Bailey. No; I was not, for I was a dead man in a manner.
Q. You know Mr. Ashby was with you?
Bailey. Yes; he and several gentlemen more were with me in my afflictions.
Bailey. No; it was not his face, so I could not swear to him; I told them if they would give me the ladies of gold I would not swear it.
Q. Did you know the Prisoner before this assault was made upon you?
Bailey. Yes; and I knew his father and Fuller too?
Q. How came you not to give information of it at that time, that you might look out for the Prisoner?
Bailey. I was so bad I could not speak; it was not Bowry that shot me, it was Fuller, and no body else.
Q. Did you ever tell this to any body?
Bailey. Yes; I did to several.
Q. Did he ever abscond upon this account?
Bailey. He went away for twelve months, and I could not light of him.
Jury. Where was Fuller found afterwards?
Bailey. He was found at his own home, but he went away three or four days after I received the damage, and never came to his family but by chance, as a rogue may do, who is afraid of being taken up.
Q. When did you take him up?
Bailey. He was taken up the 27th of February 1743, that is twelve months and three days after he did me the damage.
Q. Did you tell your neighbours so when you came to speak?
Bailey. I told all my neighbours so - I told it to Esquire Ashby and Esquire Cooke.
Bowry. He was taken up the 8th of March was twelve months.
Q. How long did the Prisoner continue visible in that neighbourhood after this affair happened?
Bowry. I believe he continued about a week.
Q. Was he constantly in that neighbourhood, or only occasionally there?
Bowry. He was to the 21st of March at work with his master, a bricklayer, I cannot tell where he went afterwards.
Q. Did you see him again till such time he was taken up upon this charge?
Bowry. To the best of my knowledge I did not.
Q. Do you know any thing of the account Bailey gave of this immediately after it had happened?
George Cooke , Esq; This made a great noise in the country, and a gentleman, (I think it was a surgeon), came and told me he believed Bailey could not live till next morning, and desired as I was in the commission of the peace that I would go and take what evidence he was capable of
Joseph Judge . I know the Prisoner to be an honest pains taking man, and one that takes care of his family - I knew him when he sucked at his mother's breasts, and I take him to be a very honest worthy man.
Jury. Are you any relation to him?
Judge. I married his mother's sister's daughter.
Jury. We should be glad to know when he absconded where he went, and to have some account of his behaviour during that time.
Judge. I did not know where he was.
Jury. We beg Mr. Cooke will be so kind as to speak to the character both of the Prosecutor and the Prisoner.
George Cooke , Esq; As to the character of the Prosecutor, I don't think the man would take a false oath upon any account in the world. (I have lived all my life in the parish, and he always bore an extraordinary good character.) I have very good reason to believe so, because he was so cautious (when I was with him) what he said.
Q. What is the character of the Prisoner?
Q. What is the general character of the Prisoner?
Mr. Goulder. From my own knowledge, I know no harm of him, but his general character is not the best.
Q. What is the character of the Prosecutor?
Mr. Goulder. He is a man of as good a character as any in the country. I never heard any thing amiss of him in my life. Guilty of shooting at Francis Bailey , Death . And guilty of assaulting him with an intent to rob.
276. + Jane Tease , wife of Peter Tease , was indicted, for that she, after the 24th day of June 1736 *, to wit on the 23d day of June in the 16th year of our Sovereign Lord George II . now King of Great Britain, &c. with force and arms, that is to say, at the parish of St. Bennet Paul's Warf, in the ward of Castle Baynard, falsely and feloniously did utter and publish as true a certain false and counterfeit paper writing, or instrument, partly printed and partly written, sealed, purporting to be the last will and testament of Richard Clarke , and to have been signed, sealed, published and declared by the said Richard Clarke , as and for his last will and testament , which said paper writing, or instrument, partly printed and partly written, is in the words and abbreviations of words following, that is to say:
* This was made a capital offence by an act of parliament made in the year 1736.
'' In the name of God, Amen. I Richard '' Clarke, Mariner, now belonging to his Majesty's '' ship the Garland, lying in the Downs, and being '' of found and disposing mind and memory, do '' hereby make this my last will and testament. '' First and principally, I commend my soul into '' the hands of Almighty God, hoping for the '' remission of all my sins, through the merits of '' Jesus Christ, my blessed Saviour and Redeemer, '' and my body to the earth or sea, as it shall please '' God; and as to such worldly estate which I shall '' be possessed of, or entitled unto, at the time of '' my decease, I give and bequeath the same as '' followeth, unto my dearly beloved wife Alice '' Clarke, of the parish of St. Andrew Holborn, in-dweller, '' to have all such prize, short allowance, '' or bounty money, that shall or may cum due on '' board his Majesty's ship the Garland, or any other '' of his Majesty's ship or ships; and I do hereby '' nominate, constitute, and appoint the said Alice '' Clarke to be my full and whole executrix of this '' my last will and testament. And I do give and '' bequeath unto my said executrix the rest and residue
'' Signed, sealed, published, and declared, '' by the said Richard Clarke , as and '' for his last will and testament, in '' the presence of us who have here-unto '' subscribed our names, as witnesses, '' in the presence of the said '' testator,
With an intent to defraud our said Lord the King. The indictment farther sets forth, that she has uttered and published this, knowing it to be false, forged, and counterfeited, against the form of the statute, in such case made and provided, and against the peace of our said Lord the King, his crown and dignity.
Q. Have you got the muster-book of the Garland man of war?
Bentham. This is the muster-book.
Q. Will you see when this Clarke died?
Bentham. He is set down dead the 20th of January 1740, at sea.
Bentham. There was 18 l. 5 s. 7 d. due, neat wages, after the Chest at Chatham and Greenwich Hospital are deducted.
Q. Do you know the Prisoner at the bar?
Sherlock. Yes, very well.
Q. How long have you known her?
Sherlock. Yes, I can tell you the particulars of it without seeing the will.
Q. Is not the name of the supposed testator there?
Q. Who wrote it?
Q. What did you do it for?
Q. Had you any discourse with the Prisoner about this?
Sherlock. On the 21st or the 22d of June 1742, the Prisoner came to my lodging, and asked me if I had any business for her to do - She knew the business - Forging and publishing seamen's wills. (There was one Tom Lion , who came home in the Garland man of war, as an invalid, told me that such an one was dead.) I bid her call in the morning; she did so; and I went with her almost to Mr. Alexander's, the Proctor; I saw her and Mr. Alexander go to Doctors Commons, and I went into the Bell Inn. In about half an hour's time she came and said she had done the business. I gave her some money to pay for the will, which I think was six or seven shillings. Ann Brogden went along with her to bear her company, and she said, she had like to have lost it. She went to Mr. Purvis for the ticket, and he asked her name. She said, Jane; but Ann Brogden gave her a push, and said, Your name is Alice; but she got the ticket. I did not want money then, so I kept it a few days. I happened to be arrested, and I sent for her to personate the wife of Richard Clarke ; and one Ewin, who keeps the Whittington and Cat at Bell Dock, who I owed some money to, went to Mr. Jasper's and found it to be a true ticket. I saw her make that mark; 'tis wrote, the mark of Alice Clarke ; the clerk who was sent for filled it up in the spunging house, and she told him her name was Alice Clarke ; five or six people more heard her, who can be called upon occasion. Then I was released, and had a note from Ewin for the remainder of the money - I believe the ticket came to 17, 18, or 19 l. or thereabout; it was sold to Mr. Coward, who is Clerk to Mr. Henshaw on Tower Hill.
Q. Who received the money at the Pay-Office?
Sherlock. I don't know; I received four or five or six guineas of Mr. Ewin upon the balance, and I gave her two guineas out of it.
Q. Who saw her sign that?
Q. Do you know the Prisoner?
Purvis. I remember I have seen her at the Pay Office, but I cannot remember her as to this particular thing.
Prisoner. I know nothing of the affair, I am innocent of it upon my word.
Tamar Topp . The Prisoner has been my lodger about a year and a quarter; she takes in washing; she was always reported to be an honest woman. The Prisoner kept Mr. Sherlock's wife in a lying in - Mr. Sherlock and a great many more used to come to her room, but I did not know what they came for, but I thought they were not as they ought to be.
Q. What did you take them to be?
Topp. I thought they could get money when they had a mind to it. I know nothing of them, but this poor woman is brought into a scrape, and I must needs say I could not think the woman to be guilty of any such thing, perhaps Sherlock might send her of an errand, and give her a shilling for it, because she did not know what she went about.
Q. Did you ever hear of their forging of seamens wills?
Topp. Never before she was taken up, I did not think she would wrong any body.
Q. Was she ever at Portsmouth?
Topp. She never was gone long enough to go to Portsmouth, only the time she nursed Mrs. Sherlock's child.
Susan Smith . I have known the Prisoner about six years, and always took her to be an honest hard working woman - I never saw Sherlock before but once, and that was when she had a child of his to nurse, and he came to see the child about six weeks before he was taken up. The Prisoner had four small children at that time to take care of. Acquitted .
277. + Sarah Lowther , late of London, Spinster, otherwise Sarah the wife of Robert Rochead *, was indicted for that she after the 24th of June, 1736, to wit, on the 18th of November, in the 17th year of his now Majesty's reign , at the parish of St. Bennets Paul's Wharf , &c. did falsely and feloniously utter and publish as true, a certain false and counterfeited paper writing or instrument, partly printed, and partly written, sealed, purporting to be the last will and testament of Nicholas Wollin , deceased, and to have been signed, sealed, published, and declared by the said Nicholas Wollin as and for his last will and testament , &c. '' In '' the name of God, Amen. I Nicholas Wollin , '' Mariner, now belonging to his Majesty's ship the '' Deptford, being of found and disposing mind '' and memory, hereby make this my last will '' and testament. First and principally I commend '' my soul, &c. And as for such worldly estate and '' effects which I shall be possessed of, or entitled '' unto, at the time of my decease, I give and '' bequeath the same as followeth: That is to say, '' unto my dearly beloved wife Sarah Wollin , all '' my wages, prize money, and short allowance '' money, or any other sum or sums of money that '' shall become due to me on board of any of his '' Majesty's ships of war: And I do hereby nominate, '' constitute, and appoint the said Sarah '' Wollin, executrix of this my last will and testament: '' And I do bequeath unto my said executrix, '' all the rest and residue of my estate whatsoever, '' both real and personal, hereby revoking '' and making void all other and former wills by '' me henceforth made, and do declare this to be '' my last will and testament. In witness whereof '' I have hereunto set my hand and seal this 28th '' day of December, in the year of our Lord 1738, '' and in the 11th year, &c.
This is the same person, indicted by the name of Rockett, who was convicted for robbing Capt. Pidgeon.
his '' Nicholas + Willin. Mark
'' Signed, sealed, published and '' declared by the said Nicholas '' Wollin as and for his last will '' and testament, in the presence '' of us who have here-unto '' subscribed our names '' as witnesses in the presence '' of the said testator,
With intent to defraud our said Lord the King, against the form of the statute in such case made and provided, and against the peace, &c.
* He was removed from the Deptford to the Garland.
Bentham. He died the 26th of April, 1742, at sea, and there was due to him for wages 42 l. 16 s. 5 d.
James Aickin . I was at Sarah Lowther 's [the Prisoner] lodging the 18th of November, 1743, and saw Robert Rochead deliver to her a false will of Nicholas Wollin 's: he wrote the man's mark and one of the witness's names, and I wrote the other witness's name, and filled up the body of it as Sherlock directed me.
Q. Was the Prisoner present then?
Aickin. She did not say any thing till we delivered her the will, which was as soon as it was dry. This is the very will that I saw Sherlock put this mark to, and sign George Gordon the witness. There came in one Ann Broyden , and Brodgen said she could be of service to her, and she would go and recommend her to Mr. Major the proctor - I did not go in with them, I saw them go in, and I saw them come out, and she said she had administred, and that Mr. Major was a very pretty sort of a man, and had given her a dram. She did not get the probate then, she went two days afterwards, and I went into the Paul's Head while she was at Mr. Major's. I went to her lodging again, and she said she talked with Mr. Major, and pleaded a great deal of innocence; that she was an innocent girl, just come to town. But the probate was not ready the second time, and she said she had administred again, because she had administred at first to under twenty pound, and the wages being more she could not get a ticket. The first administration was on the 18th of November, the other on the 28th of November, and she did not go again till the 5th of December, and then she said she had been at the Ticket Office, but was bamboozled out of the money by a roguish proctor, for one Mary Horsema had received the money the 25th of November, and Robert Rochead had abused her prodigiously about it; and she desired me to ask Mr. Major, whether there was ever another will and probate granted, and Mr. Major said there was no will entered, either in the Prerogative Court, or the Bishop of London's Court; and Mr. Major said she had used him very ill after she had received the money not to come and pay him.
Q. Are the Prisoner and Rochead married?
Aickin. I believe he is not her husband, for I was with her at her landlord's in Shoe Lane, and she paid him some money, and she wrote a receipt in the name of Rochead, and she made him write another in the name of Sarah Lowther - she went by the name of Rochead.
Q. Did they pass for man and wife among you?
Aickin. No; for I knew he had got another wife at Deptford.
The will being proved to have been taken out of the Bishop of London's office at Doctor's Commons, was read in evidence.
Q. Do you remember the Prisoner being with you upon any occasion?
Major. I do remember the Prisoner very well, I am certain to her. On the 18th of November last she came to my office with a woman, who went by the name of Frail, and who had proved a will three days before. She said she had brought another woman whose husband was dead in the same ship that hers died in, and the Prisoner produced this will, and I wrote what we call the jurat upon it, and she was sworn before Dr. Chapman. She said she apprehended the effects did not amount to twenty pound, and I think she obtained a probate for six shillings, because the fees when the effects are under twenty pound are very low in the office. She had a bruise on one of her eyes, and she accounted for it in this manner: that she was lately come from Worcester, and by the waggon being turned over she had got that bruise. I told her I had lately been at Worcester, and that it was my mother country, and upon that we had some discourse. I told her as she was a stranger in town my clerk should go with her to the office, and I believe I sent my clerk with her, and the wages due were 42 l. 16 s. 5 d. and she did obtain the second probate on the 28th of November, 1743, before Dr. Chapman, and then the former probate was brought in and declared null and void, and she was resworn as the widow of this man, and sole executrix. She said she had not money for the second probate, by my bill there is due to me 2 l. 12 s. The last time I saw her at my office, she said she
Q. How come the money to be paid to another person?
Major. There was a probate granted in some inferior court, either at Deptford or Greenwich, &c. but not at Doctor's Commons.
Q. Did you ever go with the Prisoner to the Navy Office in order to receive a ticket upon the 18th of November last?
King. The Prisoner came with a will, which she said was the will of Nicholas Wollin , who was boatswain's mate of his Majesty's ship the Garland, and said that she was his widow and sole executrix, and desired Mr. Major to prepare a probate for her. He wrote the probate, and got her sworn; and she telling him a story of her coming from Worcester, that she was overturned in the waggon, very much bruised, and forced to lye by a month, and not knowing the town, Mr. Major desired I would go to the Navy Office with her. She had at first sworn that the effects were under twenty pound, and when I came to the office I was informed there were upwards of forty pound, and they would not pay it upon that probate, so I was obliged to get another probate. When that probate was made out which was the 28th of Nov. I went again to the office, and after a great deal of trouble in going several times to the Pay Office and Navy Office, at last I found by Mr. Turner that the money was paid to one Mary Horsemare , who was the executrix of a will.
Mary Hall. I knew the Prisoner in her first husband's time; his name was Wollidge, I always called him so. My husband and I lodged in her husband's house in Goodman's Fields between three and four years ago; he was a Dry Cooper, and worked some where by the Tower - I have not seen him these three years. - I never knew him of any other trade but a Cooper. - I never knew his Christian name - She never went by any other name but Wollidge or Rochead.
Q. How long has she gone by the name of Rochead?
Hall. About two years. - He is a seafaring man, a hardy looking sort of a man.
Q. What is her husband's name?
Rawlinson. His name is Rochead?
Q. Do you know her former husband's name?
Rawlinson. His name was Wollin or Flannel, or some such name.
Q. How long has she been married to Rochead?
Rawlinson. About two or three years (but I call her Wollin frequently before her husband.) I cannot be certain how long she has been married; for I have a very bad memory - I don't know what business her husband was of; I never was much within the house only as to speaking or drinking, with her - I did live in the New Street in Goodman's Fields, and she lived in Ashffe Street; I had now in Cobb's Court in Black Friers, and have these two years.
Q. Do you know Mary Hall?
Rawlinson. I have known her seven or eight years, or better; she lived with the Prisoner when she kept house.
Q. Had you any acquaintance with the Prisoner?
Rawlinson. No farther than drinking with her.
Q. What once or twice?
Rawlinson. I have seen her more than a dozen times, and have drank with her.
Q. Now as you were so little acquainted with her, how came the name of Wollin so much in your mouth, that you cannot think of the name of Rochead?
Rawlinson. I hope your Honour will excuse me; I am not used to such a place as this, it frightens me.
Mary Hall. I have known Rawlinson these eight years; she used to drink with the Prisoner sometimes, through my knowing of her.
[A person in the Court said, that this Witness is a Ballad Singer.]
Haughton. I cannot say I never did sing.
Q. How long ago is it since?
Haughton. About half a year.
Q. Han't you done it within this week?
Haughton. No indeed han't I - I only know the Prisoner by living in the place with her about three months; I don't know any harm or any good of her.
Council for the Prosecution. Mary Hall says, the Prisoner's husband was called by the name of Wollidge, and that she knew him about three years ago; and it will appear by the books of the office, that this person has been in the sea-service ever since the year 1738; he was indeed a Dry Cooper too, but
Edward Bentham . He was on board the 1st of January 1738, and was rated an able sailor, and was so till the 9th of October, 1741, and then he was made Boatswain's Mate; and it appears he was in that ship till the time of his death. Guilty , Death .
278. + Mary Cooke , the wife of John Cooke , was indicted for that she after the 24th day of June. 1736 , to wit, on the 8th day of March, in the 16th year of his now Majesty's reign, at the parish of St. Bennet Paul's Wharf , falsely and felonionsly did utter and publish as true, a certain false, forged, and counterfeited paper writing, &c. purporting to be the last will and testament of Donald Mcdonald , wherein are the following words, &c. '' I Donald Mcdonald of the '' parish of St. Giles's in the Fields, mariner, &c. '' do give and bequeath unto my beloved wife '' Margaret Mcdonald , all such wages, prize money, '' short allowance, &c. as shall become due '' to me on board any of his Majesty's ships of '' war; and I do hereby nominate, constitute, and '' appoint the said Margaret Mcdonald executrix of '' this my last will and testament: And I do give '' and bequeath to my said executrix, all the rest '' and residue of my estate whatsoever, both real '' and personal, hereby revoking and making void '' all other and former wills by me heretofore '' made, and I do declare this to be my last will '' and testament. In witness whereof I have here-unto '' set my hand and seal this 10th day of '' May, 1738, and in the 11th year of the reign, '' &c.
his '' Donald [ ] Mcdonald. mark.
'' Signed, sealed, published, '' and declared, &c. in the '' presence of us, &c.
With intent to defraud our said Lord the King, against the form of the statute, and against the peace, &c.
She was also indicted for uttering and publishing the same knowing it to be false, forged, and counterfeited.
James Aickin . The 6th or 7th of March, 1742-3, Francis Sherlock and I forged the will of Donald Mcdonald , Sherlock and I went to the Prisoner's house. He told her he had forged a will, and I asked her whether she would go to the Commons with it, and she went with Sherlock to the Commons, and on or about the 9th of March I saw her pay for the probate to a little boy in the office of Mr. Alexander the proctor. I read the probate, and returned it to her again: she went to the Ticket Office, and I saw her deliver the administration into the hand of Mr. Bentham. I heard him ask her what countryman her husband was, and she said a Scotsman; upon which Mr. Bentham said you look like an honest woman, and he gave her a ticket for the wages due to Donald Mcdonald , a mariner, on board his Majesty's ship the Garland. I went with her to Mr. Parr's in Poor Jowry Lane, she told him she wanted to dispose of her husband's ticket, but when he came to ask her how long he had been out, she could not make him any direct answer; and he said, woman, I believe you did not come honestly by it; she was frightened, and said, she was afraid we should both have been stopped. We went to Mr. Henshaw's and Mr. Jasper's, and they would not meddle with it: then I went to James Gulliland a slopseller in East-Smithfield, and he promised to get it sold. We went to the Woolpack in Birchin Lane, and Gulliland came to us, and said, the ticket was sold: we went to the King's Arms Tavern in Lombard Street, where Sherlock and she waited, and Sherlock gave her two guineas, and she was angry, and said, she would never do such a thing again, and Sherlock pulled out thirteen or fourteen guineas, and said, that was all the rogue Gulliland had given him, and that he had stopped seven shillings besides, and he gave me two guineas and an half,
Francis Sherlock . Aickin and I forged the will of Donald Mcdonald ; the Prisoner had been at Chatham with me about forging the will of one Michael Hannon , but that would not do, for the man was alive. I told her, as she had missed then, I believed I had one that would do - I told her I had a will that I had forged, and if she would prove it I would satisfy her for her trouble.
Council for the Prisoner. Were you to satisfy her for her risque.
Sherlock. No; she was to run the risque herself. I showed her to Mr. Alexander's door, and she went and proved the will. I went home, and sent Aickin
Prisoner. Oh you wicked rogue to draw so many poor innocent people in!
Sherlock. You drew yourselves in, as well as I drew you in; I think I did very well to bring you all to justice, or else you would have brought me to it, I only catched you first. She has been with me several times since to ask me if I had any more business for her to do.
Prisoner. Oh that vile man!
Francis Cuxon . This will was proved by one who stiled herself by the name of Mcdonald - I do not remember the Prisoner's coming to prove this will, but I remember her coming afterwards with another woman to prove a pretended will of another person's.
[The will was read.] The jurat.
'' March 8, 1742.
'' F. Cuxon,
'' For my master C. Alexander.''
Q. How came you to pay this, when the probate was under twenty pound?
Bentham. The wages were not cast up, if they had I would not have given the ticket; we commonly do cast them up unless we are in a hurry.
Prisoner. I never did any such thing in my life, and I never will again.
Q. to Clement. Did you ever see Aickin or Sherlock at her lodgings?
Clement. She said she was to go and fetch Sherlock's child to nurse - about eight or nine months ago.
Q. to Cuxon. Do you recollect that you ever saw the Prisoner at the bar, unless it was at that time that she came with the woman about proving the other pretended will?
Cuxon. No; never before - it is about six months ago.
Jury. Is this the woman that assigned this ticket to you?
Sherlock. That was another woman Mr. Tarver.
Council. Did you say any thing that your mark will hang you as well as your hand writing?
Tarver. I do not remember any thing of that; I do think the woman had set her mark, and that every thing was done before I came in to the notary publick. Acquitted .
John Milbourne . About the 9th of April my wife missed a silver salt, and was told that a couple of girls had been at my house to sell something; I knew where to find the children. Bond confessed that she stole the salt, and gave it to the other girl, and she pawned it. I went to the pawnbrokers, and Mrs. Hatton said it was pawned to her by Rebecca Calverack .
Mary Hatton . Mrs. Calverack brought this salt to me, and I lent her 12 s. on it. I asked her whose it was, she said it was Mrs. Ellis's, and Polly desired me to take care of it, for she did not know how soon it might be called for: said she to my daughter, miss Polly write No. 12 upon it, for as I am big with child, I dont know whether I may be able to come for it; and I desire you will deliver it to any person I send for it.
Capt. Milbourne. This is my salt, I know it by several marks.
Calverack. Ask Mrs. Hatton whether she has not known me a great many Years, and whether she ever knew any ill of me?
Hatton. I never did, she always bore a good Character.
Calverack. Bond is my Apprentice, the child brought me the salt, said she, mistress, I have found something; I think 'tis a sort of a cistern, I said, I desire to know the truth, if you came dishonestly by it, tell me so, and I will send it home: and she said, she did not come dishonestly by it, but had found it.
Q. I ask you whether the Girl did not say before the Justice that she found it?
Hatton. She did; she said she found it in the street in an old handkerchief, and the Justice said what handkerchief, and the Girl said it was in her mistress's Pocket, and Mrs. Calverack pulled out a dirty rag of a handkerchief, and the child said she found it in that. Acquitted .
Taylor White . I went out of Town the 1st of March to go the midland circuit, and lost these coins which I have in my hand, and for which the prisoner stands indicted, locked up in a cabinet together, with a great many other old English Coins. In my absence, I was informed by a letter that all my gold and some of my silver coins were sold: when I came to town I found them all gone; I advertised them in several news-papers, that the public might have notice, that such a remarkable collection of English coins which are hardly to be found again in the Kingdom, from Edward the 3d to this time, were lost. Mr. Burgess a refiner came to my house, and brought me this parcel of coins, which I can swear are my own coins which I lost. It seems to be a little particular to swear to such a thing as money, and therefore I will give you a little trouble to show you that these are my own in Distinction from others, among these coins there is a counterfeit coin of Queen Elizabeth, it is silver gilt over, I have put it into the fire several times to remove the gilding which has done it some damage, and there are some pieces so remarkable in other respects that I can swear these are what were stole out of my house; the Prisoner was brought to my house and afterwards taken to Sir Thomas De Veil 's to know how he came by these coins, and he said one David Gratrix (who had been a Footman of my own) had given them to him to dispose of. He said he lodged at the Bull and Gate in Holbourn; there was an inquiry made after him, but the man was gone from that place, and the justice thought fit that the prisoner should be prosecuted: and I did consent he should be committed for further examination. When the justice was making his commitment, he was under some concern, and said, he believed he might take Gratrix at his own house, his saying that, is the occasion of my bringing him before you; for as the prisoner has the character of an honest man, I inquired into the acquaintance that was between him and Gratrix, and I found he is his nephew, not his nephew by blood, but by affinity; I thought it would be very hard to keep this man in prison, and therefore I thought fit to lay this thing before you, as I think it is my duty in order to do justice to my Country, that you may censure him as you think proper.
Q. Had you seen the Advertiser then?
Burgess. No, not then; I told Mr. White I would bring the man I bought them of, for he told me he lodged at the Bull and Gate in Holborn. I went there, they said he lodged there the night before, but was gone.
Prisoner. I had those pieces of gold of my kinsman, and he sent me to Mr. Scot and Mr. Burgess to know what they would give, and they said 3 l. 18 s. I took them in a paper, carried them to Mr. Burgess, and he gave me the money, and I carried it to David Gratrix at the Bull Head alehouse in Wood Street, where he waited for me.
George Cooks . I live at the Bull Head and three Turns in Wood Street, the Prisoner and a little man with his hair tied up like a livery servant came in, the Prisoner went out of the house, staid about a quarter of an hour, and brought a handful of gold and silver to this little man - I cannot tell how long ago it was - I think he had a green livery coat on -
White. He had not my livery.
Q. How much money do you guess he brought to that man?
Cooks. I guess it to be about 30 l. - there was as much as he could grasp in his hand - both guineas and silver.
Burgess. I think I paid the Prisoner about 33 l. it was within a few shillings more or less.
It appeared by the evidence of William Bennet and Gregory Sewel that the Prisoner had caused this Gratrix to be apprehended in Southwark by Mr. Walker the constable. That he confessed to them that he did not come honestly by it, but before Justice Hammond he denied that he said any such thing; and returning from the Justices he made his escape out of the Constable's hand.
Mr. Scot and Mr. Burgess, by whom the Prisoner had been employed in their house, said, they verily believed him to be a very honest man: several other Persons gave him the like character. Acquitted .
282. + Ann Barnett , otherwise Hall , of St. Margaret Westminster , was indicted for stealing a velvet hood, value 12 d. a pair of stockings, value 6 d. a shift, value 6 d. an apron, value 6 d. a purse, value 1 d. a straw hat, value 6 d. two Portugal pieces of gold, value 36 s. each, and two guineas, the property of Robert Damsell , in his dwelling-house , May 3 .
Robert Damsell . I am watchman to Captain Dodd at the Savoy , I left the Prisoner with my wife as a nurse between seven and eight at night, when I came home between seven and eight in the morning the lady was gone. The money and the velvet hood were in a box. I put the key of the box into my wife's pocket. I found the box drawn from under the bed unlocked, and the key in it. I pursued the Prisoner next day to Gravesend, for I thought she was going to Fianders, and I heard she was got to her father's and mother's at Thistleworth. She had laid out 25 s. for a pair of stays, I brought her back to my house, and found the velvet hood upon her head and the hat, she had the shift upon her back, but I would not take that; those I can swear to - the money was all gone. Guilty 4 s. 10 d.
Prisoner. He keeps a bawdy house in Thieving Lane, and lives by the diversion of poor women.
283. William Serjeant , of St. George Bloomsbury , was indicted for that he on the first of December, 1743, feloniously did steal a certain promissory note under the hand of one John Summers , purporting to bear date the 7th of November, 1741, for the value of one pound six shillings, by which note John Summers did promise to pay to John Cooke , or order, one pound six shillings, that note being the property of John Cooke , and being due and unsatisfied to the said John Cooke .
At the Prisoner's desire the witnesses were ordered to be examined apart.
Prisoner. Give an account of what you know of this promissory note.
Cooke. So I will, I will give you an account of it from the beginning. I keep a chandler's shop . Mr. Serjeant did some time ago live in the house that I lived in, and he used to come and demand money of me; he said I was indebted to him 48 s. 6 d. I desired to know for what; he said, I knew very well. I desired a bill of him; he said we
Q. Is he a sworn attorney?
Cooke. I cannot tell that, I asked Summers for the money for the note. He said he had paid money enough already - Summers was prosecuted at my suit upon this note, and the Prisoner was my attorney.
Q. Was the note delivered back to you?
Cooke. Yes; and the Prisoner came to me for 48 s. 6 d. I said I had paid a great deal of money upon the prosecution of that note, and that the note was of no signification to me; and Serjeant said it would be of signification to him, and so he arrested me for the note.
Q. Did he take the note from you?
Cooke. He took the note off my counter, and arrested me for it again.
Q. Did he take it before your face?
Q. Did he arrest you upon this very note?
Cooke. He arrested me for three guineas, and the man (Summers) had paid him all the money but 8 s. 6 d. - I said the note is of no signification to me as the man who owes the money is come out of goal.
Q. Did he take the note in your presence?
Cooke. He took it up off the counter, and carried it away.
Q. Did he ever deny taking the note?
Cooke. I cannot say that he did. Acquitted .
Mrs. Slate deposed, the child had the necklace on when she came from school, and about four o'clock she missed it, and that the Prisoner owned her landlady's daughter had it, and that she had it from her.
Prisoner. I think it is proper to have the child in Court; she is five years of age.
John King . The 24th of April last, about six o'clock at night the prisoner and another woman came to my shop in Bishopsgate Street, and the Prisoner asked what I would give for this necklace. I asked her how she came by it. She said she bought it of one Messenger, a constable in Artillery Lane, and gave him 28 s. for it; and she said, she wanted to sell it to sit her husband out to sea. I bid her 19 s. she went away, but came back and took my money. A man came to my shop to enquire after such a thing, that was taken off a child's neck of three years old. In about a quarter of an hour I saw the Prisoner buying a cheesecake, she was with another woman, and the two children wanted a cheesecake. Said I, Mistress, do you love cheesecakes? You must come back to my shop (the other run away.) She asked me what I detained her for. I asked her how she could be such a base woman as to take the necklace off the child's neck.
Mr. Messenger sa id, he did not sell her the necklace.
Prisoner. I bid them search me, and search the house, for I had not a farthing of money about me. Mr. Sherwin knows me very well.
Prisoner. Oh! Mr. Sherwin, you do this because I called for you. As to that old Gentleman, I don't mind what he says. Guilty, 4 s. 10 d.
287. Mary Linley was indicted for stealing a pair of sheets, value 4 s. a candlestick, value 3 d. two blankets, value 6 d. and a pillow, value 2 d. the goods of William Cruikshanks , in her lodging , April 1 . Acquitted .
289. William Mitchell , of St. Mary Stratford Bow , was indicted for stealing eleven yards of broad cloth, value 7 l. three pieces of hempen girting, value 1 s. and two bags, value 18 d, the goods of Edward Becher , May 5 . Guilty .
Elizabeth Robinson owned, that one Catharine Cox broke the warehouse door open, and that they stole 104 oranges, and that Cox delivered them to her. I believe Davis is not guilty of the felony, but was only concerned in selling of them.
James Eves (servant to Mr. Kender) said, that Robinson owned, that she was concerned with one Catharine Cox (who was discharged) in breaking open the warehouse. Robinson guilty, 10 d. Davis acquitted .
292. Sarah Ball , otherwise Nees , was indicted for stealing a feather-bed, value 7 s. a pair of sheets, value 3 s. a blanket, value 12 d. three plate, value 2 s. a saucepan, value 12 d. a pot, value 2 s. a copper frying-pan, value 2 s. 6 d. a tea-kettle, value 2 s. 6 d. &c. the goods of John Walkden , in her lodging , April 20 . Acquitted .
293. Andrew Morris was indicted [for a misdemeanor ] for that he, after the 25th of March in the year of our Lord * 1700, to wit, on the 4th day of March in the 17th year of our Soveriegn Lord George II . within the county of Middlesex, to wit, in the parish of St. Martins in the Fields , he the said Andrew Morris , then and before, there being a Popish Priest, unlawfully and voluntarily, did exercise part of his office and function of a Popish Priest, to wit, he the said Andrew Morris , then and there, as a Popish Priest, did read and say mass, in the manner used in the Romish Church, and according to the rites of that Church, against the form of the statute in such case made and provided, and against the peace of our said Lord the King his Crown and dignity .
Capt. Samuel Hall. We have a club of officers who meet at Mr. Walker's at the Griffin in York Buildings. On the 4th of March, about a eleven o'clock, Mr. Walker came up and said, Capt. Hall, there are some of the neighbours below stairs, who have informed me, there is a Romish Priest in the house. I said, Who is it? He said, his name is Morris. Said I, I know Morris, he is reputed to be a Romish Priest; said I, go down, and give my service to him, and tell him, it is not a proper time for him, who is a popish Priest, to be here, and to desire him to go about his business. He came and told me Mr. Morris returned me thanks; but said, it was more than I or any body else could prove. Mr. Morris then went away, but he was pursued and taken.
Prisoner. I desire to know whether that witness can prove that I said, he could not prove that I was a Popish Priest. I speak this to shew that I would not send such an abrupt message to any Gentleman.
Council for the Prisoner. Can you prove that he is a Popish Priest?
Council for the Crown. Yes, we can; and that he owned himself to be a Popish Priest.
Q. Do you know what profession Mr. Morris is of?
Murray. I know no more of him, than that he is a Gentleman. I have worked for him three years - I am a Taylor.
Coun. I ask you upon your oath, whether you know him to be a Popish Priest?
Murray. No, I do not.
Q. Do you know that he has exercised the office of a Priest?
Murray. Never, that I know of.
Q. Did you never say to any body, that he was a Popish Priest?
[This question was not answered.]
Q. Do you know the Prisoner?
Q. Do you know that he ever exercised the office of a Popish Priest?
Murray. Never, Sir.
Prisoner. This Gentlewoman is a Protestant, she knows nothing of it. Acquitted .
294. Robert Ker , of St. Mary le Strand , was indicted for stealing six volumes of Shakespear's works, value 15 s. two volumes of Otway's plays, value 2 s. two volumes of Prior's poems, value 2 s. 6 d. the goods of Thomas Wright , April 27 .
Mr. Wright deposed that he keeps a library to lend out books to gentlemen by subscription to read , that the Prisoner used to come for books from one of the subscriber, that he accidentally met with two volumes of Otway's plays at Mr. George Paine 's in Holborn, which he had bought of the Prisoner, and some of Shakespear's works, &c.
Henry Ward deposed that these volumes of Shakespear were never lent to him out of the library. Guilty .
295. + Thomas Proctor , was indicted for stealing a piece of Portuguese gold, value 3 l. 12 s. two guineas and six shillings in money, the property of John Langstaff , in his dwelling-house , April 30 .
John Langstaff . The Prisoner was in the bar at my house at the Grocer's Arms in Grocer's Alley . In the bar there is a cupboard that my wife puts the money in; she took the money out into a room which is by the bar, and told a 3 l. 12 s. two guineas and some silver, and put it into a tin box in the cupboard (I saw all this) and left her bunch of keys hanging in the door, in about a quarter of an hour she called me out, and I went into the room to her, and left the Prisoner in the bar, in about five minutes two gentlemen knocked at the door, who came to spend the evening with a distiller that this money was to be paid to: the Prisoner still continued in the bar, drank up his beer, and went away; about a quarter of an hour after that my wife went to look for the money to pay the distiller, and the money was missing. Says she this man (Proctor) has taken the money away, what shall I do? Said I, perhaps he has only taken it in jest - The Prisoner is a cage maker or wire worker by business, and used to come sometimes with the officers. I went to his lodging, his wife said he had been at home, but was gone out again. I went to Mr. Guy's in Leadenhall Street to enquire after him, because he said he had been out with him to arrest some body, but he was not there. About eleven o'clock he came to my house, I had told Guy of it, and he had told him what I had said; the Prisoner told me he came on purpose to clear himself - he was admitted to bail.
Ann Langstaff confirmed the evidence of her husband with regard to the Prisoner's being in the bar, that she put the money (3 l. 12 s. two guineas, and six shillings) into the cupboard, and that no body had been in the bar from the time she put the money in till she missed it, but the maid servant. That when he came at eleven o'clock as he said to clear himself, her husband said, you have done a fine joke to take the money out of the cupboard, and he said, if you think it is a joke, I have done it in earnest.
Sarah Williams . My Master and Mistress left the Prisoner in the bar by himself; the Prisoner called me to fetch him a pint of beer; when I went to fetch him the beer, he was sitting by the cupboard, and when I came up with it, he was sitting on the other side of the bar, and the keys in the cupboard door were shaking.
Thomas Mortus . I have known the Prisoner fourteen years, every one that knows him knows him to be a silly man by way of jest, but as to stealing, I believe no body that knows him will give him that character - He works for me in the wire way, and if the court would please to realease him, I would employ him.
The following persons received sentence of transportation for 14 years, viz.
The Trials being ended, the Court proceeded to give Judgment as follows.
Received Sentence of Death. 5.
Sarah Lowther 277
Transportation for 14 Years 1
Transportation for 7 Years, 22.
Sarah Howard 270
George Lax 265
The following persons received sentence of transportation for 14 years, viz.