JUSTICE-HALL in the OLD-BAILEY,
On WEDNESDAY the 16th, THURSDAY the 17th, and FRIDAY the 18th, of January.
In the 18th Year of His MAJESTY's Reign.
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 HENRY MARSHALL , Esq; Lord-Mayor of the City of London, the Right Hon. the Lord Chief Baron PARKER , Mr. Justice WRIGHT, Mr. Justice ABNEY, 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.
123. + Francis Baggonett of St. Martin's in the Fields , was indicted for assaulting Mary Barber in the dwelling house of the said Francis, putting her in fear, and taking from her a velvet pillareen, value 20 s. the property of William Barber , Nov. 12 .
Mary Barber . On the 12th of November about four o'clock in the afternoon, I was going by the White Lion Tavern in the Strand , the Prisoner was standing at the door with a blue apron on, and another fellow with him, who had a handkerchief about his neck; the Prisoner said, Drag that bitch in, I will make her pay for all the bitches that have bilked me; with that the other man, who is not taken, (his name is Thomas Long , as a chair-man told me) laid hold of me; I said, pray, Sir, let me alone, for I am going about my business; he took hold of me, and dragged me into the house (I thought the man of the house [the Prisoner would take my part, but he did not) pushed me into the parlour, and locked the door upon me, and said, D - n you, you hitch, if you do not let me do so and so, I'll murder you; I said I would not; for I was in a Christian country, and did not fear getting assistance; then I rung the bell, and the Prisoner came in, the other fellow said, bring some wine, with that the Prisoner brought a pint of wine, and said, I will make her pay for them if there were a hundred pints; with that he stripped the pillareen off my neck, and said, D - n you, you bitch, why don't you let the man do so and so to you? He had a knobbed stick, and struck me with it; I cried out murder several times; he said if I cried out murder any more, he would murder me, for he had got company in the house. - I defended my pillareen as well as I could, till I was so weak, that I had no strength in the world, and have a great many black spots on my body now to shew for it: then he kicked me into the street, and said, D - n you you bitch, I don't desire to see you any more.
Q. Did you cry out murder in the house?
Barber. Yes; and he kicked me into the street, and I was told he said, I should pay handsomly for it, and I lay sprawling in the street, but no
Prisoner's Council. Was you ever in the house before?
Barber. Never but once, and that was to drink a glass of wine with a gentleman and his wife.
Q. What Part of the House was you in when the Prisoner used you so?
Barber. I was in the Parlour next the Street.
Q. Do the Windows look into the Street?
Q. Was it dusk?
Barber. It was not dark: It was between four and five o'Clock.
Q. Why did not you apply to somebody in the Street, to go with you into the House again, and get some Redress?
Barber. Because nobody knew me: I went home afterwards, and then I did go there.
Q. Did you ever say you would not have prosecuted this Man, if he would have come down to you?
Barber. I never said so. If there are twenty false Witnesses against me, I can't help it.
Q. Where did you go after you were out of the House?
Barber. I took a Chair and went home directly, and got a Constable, but the Constable would not go into the House with twelve Constables, and a File of Musqueteers.
Q. What Business are you?
Barber. I live in Bell-yard, by Temple-bar.
Q. I ask you what Business you are of?
Barber. I kept a Gentleman's House.
Q. What are you now?
Barber. I keep a Gentleman's House now. - Mr. Mayne's, in St. Martin's-lane.
Q. Do you live there now?
Barber. He is fell under misfortunes, and has left off house-keeping - I work plain-work now.
Joshua Brogden . When Barber applied first to Sir Thomas De Veil for a warrant to take up the prisoner, he granted the warrant for assaulting and abusing her, and taking her pillareen, and bound him over for the assault; but she afterwards indicted him for a felony.
Q. What did he say at that time concerning the fact?
Brogden. He said he had the pillareen, but that he took it for the reckoning.
Prisoner. I was in the entry, the prosecutrix stopped a man in the street, and I heard her say, come will you give me a glass of wine; he said, he had no money; she said, you had as good come in, for it shall cost you nothing: they called for a pint of wine, about half an hour afterwards I went into the town, and the man said, this gentlewoman will pay you the reckoning; and she saying nothing, I thought she would. When I asked her for it, she said, d - n you, what business have I to pay the reckoning? and said she would not pay me. I said, madam, you use me very ill, you used me so before, but you shall not use me so now for I will be paid for the wines; she said she had no money, then she pulled of her pillareen, and said, d - n you take that, I'll a robbery against you, and have your life for it. Another time a gentleman came with her into the house and paid a shilling for a pint of wine, she took the shilling up and went about her business, and I lost that.
Capt. Hopkins. I was at the White Lion Tavern in the Strand the 12th of November with M Wife from three o'clock till about a quarter six, waiting for Capt. Winslow to go to a play - I did not hear any crying out, nor any all; and if there had been any I believe I should have heard it, for I was in the bar room, pretty near to the room they were in. I have dined there ever since the 12th of April, and never heard any disorder there.
Major Wise . I was in company with Capt. Hopkins and Capt. Winslow, and there was no sign of noise at all nor any thing like it: I have used the house these twelve months, and never heard anything disorderly, there are gentlemen of reputation come there frequently.
Prosecutor's Council, to Barnes the constable. Did not you take a couple of gamblers out of the house?
Barnes. There were gamblers frequented the house, but that was three years ago, before the prisoner kept it.
Thomas Lee . I have known the prisoner ever since he came to the house. I live next door to him. He is a man of a very good character. And if she had cried out, my men must have heard her, and would have gone to her assistance.
Jeffery Anwell. I am a next door neighbour to him. He is a man of a very good character; I do not believe there is an honester man in the world. I have the honour of lodging some gentlemen belonging to the Parliament. And I could not suffer a disorderly house next me. Indeed it was a bad house, and I got the people removed - I have seen the prosecutrix frequently about the streets picking up people.
Anwell. A whore.
Mr. Green. The prisoner is a very worthy man, and bears a very good character - I have seen the prosecutrix walking the streets frequently.
Mr. Sharp. The prisoner is a person of a very good character - the prosecutrix has been so impudent as at my own door to offer to pick me up.
Q. Do you take her to be an honest woman?
Flower. I can't tell you her original extraction. I know she was brought up very well, and put to the boarding-school.
Q. Do you think she would take a false oath?
Flower. I believe she would not have done so.
Q. Do you think she would take a false oath now?
Flower. Really I can't say.
Mr. Blower. I take Barber to be a very honest girl - I hope she would not take a man's life away falsely - she kept a house of lodgers about 2 years ago. The last place I knew her at, she kept Mr. Mayne's house in St. Martin's Lane - I can't brag much of her general character. I have known her 12 years: she has a loose character. Acquitted .
The Court granted the prisoner a copy of his indictment.
124, 125, 126. Ann Brickspear , Mary Hewling , and Elizabeth Ragget , of St. John the Evangelist , were indicted for stealing two cloth coats, value 3 s. a cloth waistcoat, value 6 d. and a hat, value 5 s. the goods of Thomas Colledge .
Thomas Colledge . I live in the house with Brickspear, the other two are neighbours. I have known them all from children. I lost these things about 4 months ago. Brickspear owned she had pawned a hat of mine for two shillings, and a waistcoat for six pence, and Ragget owned she had pawned a great coat.
Brickspear. I washed and mended for him, and he gave me leave to pawn them.
Colledge. I never gave her leave to pawn any thing.
Edward Bagley , (the constable.) When I took Brickspear up, she said Colledge owed her 9 d. for washing and making his bed, and that he gave her leave to pawn them, but he said he never did. The prisoners have the character of honest, laborious, working people. Brickspear said she had given the coat to Ragget to pawn. Acquitted .
127. + Mary Hurst , of Edmonton , was indicted for breaking and entering the dwelling house of John Gore , Esq ; in the night, and stealing ten branches of orange trees, value 6 d. and ten branches of myrtle tree, value 6 d. his property , January 4 .
Joseph Moore . I lie in Mr. Gore's greenhouse. I heard a noise in the night; I got up, and saw the prisoner going out of the window through a pane of glass. I took hold of her by the heels, and pulled her in again, and found these branches under her. The pane was taken quite out. It was 20 inches by 14, which is big enough for almost any person to go through - The greenhouse may be about 40 yards from the dwelling house. The prisoner had a knife about her, with which I believe she cut these things. The gardener said it had the gum of the trees upon it. Acquitted of the burglary, guilty of the felony to the value of 6 d.
William Moody . On the 30th of December I saw the watchman with the prisoner and 3 girls at Fleet ditch. The watchman said he had found those shoes under the prisoner. I purged him very much, and he said he stole them at Wapping new stairs. I went to Mr. Hussey, and he owned the shoes.
James Brookly . On the 30th of December, about 6 in the morning, I saw the prisoner and 3 girls lying in the dirt in the market. One of the girls laid her nose in his backside. I gave him a kick, and saw one of the shoes. I found these three pair under him. Guilty 4 s. 10 d.
Robert Scotting . On the 12th of this inst. the prisoner came to me with these pails. The man had them in a bag upon his back, and the woman offered them to sell as old copper; I said, I suspected them to be stolen, and that they were made for the government. She said, she had them from her brother
Q. Why did not you stop the prisoners?
Scotting. I was going on board a ship about some business, and left the prisoners with my man - Dobbings told my man he would go and fetch his landlady to the character of his wife - that she came honestly by them. But before the Justice he denied she was his wife. My man, while I was gone, found out the marks. I went down to Greenwich, and heard that Dobbings had been a pensioner there. And the gentlemen of the hospital sent some people to look at the pails; and they found they belonged to the hospital.
Charles Sparkes . I am servant to Mr. Scotting. Holmes offered them for 10 d. per pound, and said she had two of them every year from New-England, and had sold that sort ten years. Dobbings said they had no marks upon them. But after they were gone, I found the marks; and by my master's order, when they came again, I stopped them.
Dobbings. I went with Holmes to sell them; she told me she had them from her brother in New-England. I knew no better. I did not know there was any mark upon them.
Q. Are you any relation to this woman?
Dobbings. She is not my wife.
Holmes. On the Saturday morning between one and two he went out with a bag, and said he was going to move some goods. He came home between 5 and 6 with these pails. I asked him how he came by them; he sa id he had them by chance. He made me go with him to sell them, and bid me say I had them from my brother, or he would knock my brains out - I was married to him at the fleet.
Dobbings. Indeed I am not married to her, this is my wife.
[Dobbings's wife fell down on her knees, and begged for her husband, and said, I am his lawful wife, she is a common whore and has been the ruin of our family.]
Holmes. You have a private key to get into the Hospital. Dobbings Guilty . Holmes Acquitted .
William Humphreys . About 20 minutes after 12 o' clock, between the 22d and 23d of December as I was going along the Strand , by Northumberland house , the prisoner met me, and said, where are you going, my dear; I said, what is that to you, you bitch. Then a man came either behind me or on one side of me, and laid hold of my collar; as soon as I found that, I struck at him, then another man came up and they pulled me down backward upon a step, held me by the throat, and asked me what business I had to call the woman bitch. Then the prisoner unbuttoned my breeches, and turned every pocket the wrong side out, and took a guinea out of my right fob. But there was one six-pence left, which happened to stick in the corner of one of my pockets. As she was unbuttoning my breeches, I took hold of her by the coat with my right hand.
Q. Did the men offer to hold your hands?
Humphreys. No, they left my hands at liberty.
Q. What did you do after you got hold of her coat?
Humphreys. Then I rose up.
Q. How long was she doing this?
Humphreys. I believe she was about a minute, she was very dextrous. Then the men went off, and one of them struck at me with a stick about two foot and a half long. When I got up, I took her by the hand and she called for assistance. Then one of the men came and struck at me. I struck at him, and brought him down - I had hold of the prisoner all the time. While I was down upon my back, she said, d - n him, kill him, he squeaks. Then Thomas Ind and Benjamin Meadows came to my assistance, and the men got off.
Q. Was it a dark night?
Q. Are you sure that the Prisoner's hand was in your pocket?
Humphreys. Yes; because no body was by but the Prisoner and the two men, and I am sure neither of their hands were in my pocket, and I kept hold of her all the time till we got her to the watch-house; she would not speak one word before the Justice.
Q. Where did you receive that guinea?
Humphreys. Mr. Mildmay in Strutton Street paid it me about four hours before for carrying him.
Prisoner. I was by myself: was there any men along with me?
Humphreys. I did not see any man till after you had laid hold of me.
Humphreys. I did not say any thing to her but what I mentioned before - I did not give her the guinea, I never offered her any money, or promised her any.
Prisoner. Was not you in liquor?
Humphreys. I was as sober then as ever I was in my life.
Prisoner. He pulled me into an alley, and wanted to be concerned with me.
Humphreys. I did not pull her into any alley.
William Dunn . I was constable of the night, about one o'clock in the morning the Prosecutor brought the Prisoner into St. Martin's watch-house, and told me as he has said now, that she had robbed him by the assistance of two men of a guinea; that he had never let her go from him, and was sure she must have it about her. I searched her, took 2 s. and some half pence out of her pocket; I said to Ind search her behind and before (I ask pardon, my Lord) he has got a pretty good hand at searching; he searched her, and took the guinea out of her mouth; I was the more ready to have her searched, because the man was very positive and very sober. I took her aside, and desired her to give an account of her two accomplices, by which the might probably save her own life; instead of giving any direct answer to that, I think, to the best of my knowledge, she said, whether I had any assistance or not, I will make no confession: then she pulled me back, whispered me in the ear, (I thought she had changed her mind, and would have discovered her accomplices) and said, Mr. Constable, I know it is in your power to leave the watch-house door open, and let me go out, if you will, you shall have a - whenever you please.
Thomas Ind . I belong to the house of correction at Tothill Fields Bridewell. On the 22d of December about nine o'clock at night I went to the goal with some prisoners, and said till near twelve. I was going home into Covent Garden, and just by the Bagnio at Charing Cross I heard an outcry, I thought there had been some quarrel; I saw Humphreys with the Prisoner in his right hand; he told me he was robbed by the Prisoner and two men, and desired me to go with him to the watch-house; when I came there, Mr. Dunn thought I was a proper person, and desired me to search her. I pulled off her stockings, searched all her clothes, and found 2 s. 4 d. and a bag of tobacco; then I searched her arm pits, and every where that I could, but could not find the guinea; then I said, D - n you open your mouth; she opened it, and turned out her tongue double; I put my finger into her mouth, and brought the guinea out: she said something afterwards in a vulgar manner, but I could not tell what it was.
Prisoner. He is a runner at goals, and gets his living that way; he said he would hang me.
Ind. I never said any such thing, nor was I ever concerned in any goal till a little before Michaelmas.
Paul Broadbent ( the Beadle ) I held the candle while Ind searched her, and at last he brought the guinea out of her mouth. I said she had better confess who were her accomplices; she said, if she was hanged herself, she would not bring in any other person to be hanged.
Benj Meadows . I was going home between tweleve and one, and when I was against the Mewsgate, I heard watch cried out; I did not mind it at first, and walked softly on; when I came against my own door, I saw Humphreys have hold of the Prisoner by the hand; when I came up he was surrounded by several people; some said let her go, others said do not let her go; I heard Humphreys speak, and knew his voice: said I, Humphreys, is it you? he said, yes; and told me he was robbed of a guinea: said I, if you are robbed, do not let her go. We carried her to the watch-house, Mr. Ind searched her all over, and could not find it, but at last he pulled the guinea out of her mouth - I have known the Prisoner some years.
Jury to Dunn. Do you believe the Prosecutor was down upon his back, for it was very dirty weather then, and his clothes must be dirty?
Dunn. I did not enquire into that, but I believe by the terror and fright he seemed to be in that the thing was true, and that made me get the best hand in the watch-house to search her. Guilty , Death .
132. + John * Smith , of St. Paul's Covent Garden , was indicted for stealing five silver spoons, value 40 s. and ten yards of linen cloth, value 10 s. the goods of Charles Ogle , in his shop , December 8 .
* He goes among the fraternity by the name of James the Minister.
Richard Oake . Mrs. Ogle brought me a search warrant; there was a poor woman took Mrs. Ogle and myself to a house in Church Lane, shewed us the Prisoner, and said, that was the man that robbed her, and the Prisoner being strictly charged with it, he said, if you will forgive me, I will tell you the truth. Mrs. Ogle said, if he would discover his accomplices, it would be the better for him, for she believed somebody must have been concerned with him, because the shutters were a great weight. He denied it at first, but afterwards owned that one John Heatley was concerned with him in pawning them; that the two tea-spoons were sold, one by Singing Moll, and the other by Grace Palmer . This spoon was sold to one Michael Compigney for 2s. 3 d. and the other to one Barber for 15 d. This spoon was pawned to Mr. Harrison by St. Giles's Church, for 7 d. and the checquered linen at one Gay's in Bowl Yard. Some of the linen was sold in Monmouth Street by Mary Fowls . The Prisoner said he had no accomplices. He confessed he hove the shutters up, (two hanging shutters) himself, for they had forgot to fasten them on the inside, threw the bundle out into the street, and tumbled himself out after it, and then the shutters fell too again. He belonged to the gang of Country Dick, and several of those who were hanged.
John Sherron . On Thursday night last I was going down Bucklers Bury , I felt a hand in my pocket, and felt my handkerchief drawn out. I took hold of the Prisoner directly, and charged him with it; he said he had it not. I searched him, and he had it not, but Mr. Smith's man went into the street and found it. I am sure the Prisoner is the person that took it, for there was no body else near.
John Fowkes . I was out at Mr. Smith's door, and saw the Prosecutor coming along, and the Prisoner just at his heels, Mr. Sherron charged him with taking his handkerchief, and it was found about a yard from the door. Guilty .
Sarah Neave . The 25th of December the Prisoner came to my shop in the Cloysters , and said, he came from his master (who I knew, but I did not know the boy ) he said I must send two frocks, a waistcoat, and two pair of breeches, and a bill of parcels, with a receipt, and he would pay the money. I did so, and sent them by a work woman and a servant, and he snatched them from her, and run away. He was taken up upon another account: he said he was a naughty boy to use me so; he had the breeches on then.
Thomas Miles . I have often seen the Prisoner a feasing upon the Keys, I saw him lurking about, and said, you had better get off, and let the sugars alone: he snapped his singers as if he did not value me. A little after I saw him take this sugar out of a hogshead belonging to Mr. Beckford. Guilty .
It not being proved that the Prosecutor's name was Humphry, the Prisoner was acquitted .
Henry Hudson . I keep a publick house , I carried six pennyworth of bumbo to a gentleman in June last, and a spoon with it, and it was lost. I never heard of it till about six weeks ago, at Mr. Franks's.
Mr. Franks. The Prisoner brought this spoon to me to pawn the 30th of June, I asked her whose spoon it was; she said it was her brother's, that he was in trouble, and her husband was lately dead at sea. Guilty .
Thomas Newton . The night twelfth night was kept on, as I was going along about seven o'clock, I felt something rustle in my pocket, I put my hand into my pocket to feel for my handkerchief, and it was gone. I collared the Prisoner, and said, where is my handkerchief? he said, there it is, and threw it out of his hand. There were several people came up, and threatened to take him away from me, but some butchers coming they ran away. I took him to a publick house, searched him, and found seven handkerchiefs in his pocket; he had a very good one about his neck that night, the next morning it was gone. I asked him what he had done with his handkerchief? he said, he had sold it for bread in the prison. I asked, whether he had any money; he said, no; I gave him a shilling, he gave me a sort of a gruff for it, he did not thank me. The handkerchief cost me 4 s. 6 d. but I laid it at 10 d. on account of his youth. Guilty .
John Goldby . I saw the prisoner take a white quilted petticoat off a post at the door, put it into her apron, and walk unconcernedly along, as if she was going about her business - I let her go because I was afraid of bringing myself into trouble. On New years day I saw the prisoner in the street, upon that I went to Mrs. Abbott, and told her of it, Mrs. Abbott called her over the way to her, and she went very readily. Mrs. Abbott asked her if she did not take such a petticoat, she said she did not know any thing of it, and run away. I stopped her, and she said we could not detain her without a constable.
Prisoner. It was high time to run when I had got my hand in the lion's mouth.
140. + Henry Sims , of St. Martin's in the Fields , was indicted for stealing a gold watch, value 10 l. a Pinchbeck watch with a brass chain, value 2 l. a snuff box, value 18 s. 2 gold rings set with diamonds, value 40 s. a gold ring with a bristol stone, value 5 s. a pocket book, value 1 s. a pair of silver spurs, two guineas and an half, and two pound four shillings in money, the property of William Margerum , in his dwelling house , January 6 .
William Margerum . I live at the Fountain in Charles Court , in the Strand , on the 6th of this month I was out all day, and had word brought me in the evening by John Jones , that if I did not go home immediately I should have my house stripped; for the prisoner was in company with my wife, and was assisting her in carrying off large bundles of goods. Upon that I went home and missed a gold striking watch, a Pinchbeck metal watch, &c. I lost more money than is mentioned in the indictment, but there was no more found.
Q. Found, upon who?
Margerum. Upon my wife, I staid in the house with a friend, and heard about two hours after that they were gone to the B Boar in White Chapel. I went in search of them, but could not find them. The next night about 6 or 7 o'clock as I was sitting in my own house, the prisoner came in; as soon as I saw him enter the door, I got up and took hold of him, and by the assistance of some friends, secured him. We took from him a hanger which was concealed under his coat : I got a constable and carried him before Sir Thomas De Veil , who ordered him to be searched; I took from him this pocket book, which is mine, and a brass hook for a watch. Sir Thomas asked him how he came by the pocket book, he said, it was given to him by my wife. I heard she was below, and Sir Thomas ordered her to be brought up stairs and searched. All the other things and money were found upon her. Sims owned he was in the room at the time these things were taken away, and that my wife and he were married ten years ago.
Prisoner. I would ask him whether he is not married to this woman?
Margerum. I am married to her.
Q. What trade are you?
Margerum. I keep a coffee house in Charles Court in the Strand.
Prisoner. He keeps a bawdy house. Did not you give your wife these things to wear?
Margerum. To be sure she used to wear them sometimes, and I used to wear them.
Q. Did not you give your wife these things as ornaments to her person?
Margerum. I bought the gold watch with a design to wear it myself.
Q. What! you wear a gold watch, and your wife a metal one?
Margerum. Yes - I never made her a present of these things.
Prisoner. Did not she keep all the keys?
Margerum. She kept the keys of the room, and the bureau, and I kept the key of the chest where these things were.
Margerum. Yes, very frequently, because I always kept the key of the chest, and it was very proper I should.
Jury. Was the chest broke open?
Margerum. The staple was drawn. I did not design to mention it if I could have helped it.
Prisoner. Did not she wear the rings and watch and snuff-box that Sunday on which you charge the robbery to be committed?
Margerum. The thing was done in the morning. It might be so, I can't tell, for I was out all the day.
Prisoner. Does not the house go in the name of Fifield, for fear of your being indicted for keeping a bawdy house?
Margerum. The house does go in the name of Fifield, because I have two houses.
Prisoner. Have not you a house behind St. Clement's, that goes by the name of Margerum?
Margerum. I have a House there.
* The sign of the Castle in Wychstreet.
Prisoner. How many houses have you to let to lewd women of the town?
Margerum. Never an one.
Prisoner. Have you any in White Chapel?
Prisoner. Did not you let a house to Sam Mecum?
Margerum. No, I did not.
Prisoner. This is entirely through jealousy, and I hope the court will consider it.
Rebecca Seymour . I was a servant to Mr. Margerum, but had left his service about a fortnight before this happened. I was there on twelfth day about 5 or 6 at night: Mrs Margerum was above, I met the prisoner upon the second stair as he was going up the second pair of stairs; he asked for Mrs. Margerum and went into the room where she was, and where Mr. Margerum and she lay, and shut the door. In about a quarter of an hour they came down. Mrs. Margerum had a bundle in her hand, and they both went out together.
Q. Did she or he carry the bundle out?
Seymour. He helped her out with it. There was a linen gown and several other things in a large apron. The prisoner gave me a shove, and I was afraid he was going to cut me.
Q. Why was you afraid he should cut you?
Seymour. Because he often carried hangers with him. He had one in his coat then.
Q. What did he shove you for?
Seymour. I suppose to get by me.
Prisoner. Had Mrs. Margerum her apron tied round her, or was it loose?
Seymour. I cannot be certain whether it was tied on or no.
Seymour. She threw the keys down.
Prisoner. Did not Mrs. Margerum say when she went out, tell Mr. Margerum I have got nothing but my own?
Seymour. I did not hear any such thing.
Q. Was the prisoner there much that day?
Seymour. He was in and out every minute almost all day. Mr. Margerum was out of town all day. Mrs. Margerum said he was afraid before of being bit; but she said to the prisoner, ladies don't mind it.
Prisoner. This is one of the ladies.
John Jones . On Sunday was sev'night hearing a noise in the room up two pair of stairs, I went up, and Mrs. Margerum and the prisoner were there. He went down stairs and she followed him with a bundle in her apron. She was going to take away some more things; and the last witness interposed and went to hinder her from going out. The prisoner pushed her away and began to d - n his eyes, and swear in a violent manner. I was afraid to interpose, because he always wore a hanger under his arm. Then the prisoner laid hold of the bundle she had, and carried it cross the Strand.
Prisoner. Was her apron tied on?
Jones. I can't tell whether it was tied on or no.
Q. How did he carry the bundle?
Jones. He put his hand under the bundle and carried it out.
Q. Did he take the bundle from her and carry it out?
Jones. He was so eager that he laid hold of the bundle - he did not take it from her, he took hold of it and carried it out of the house.
Q. Did the woman quit the bundle or no?
Jones. I can't say whether she loosed it or no.
Q. Did the prisoner or the woman carry the bundle out of the house?
Jones. They both helped; he laid hold of it, and said, Come along; and they both went out together.
Q. How did he carry his hanger?
Jones. Under his arm (I can't say which arm) with a belt over his breast under his coat. As we were carrying him along in the coach, he threatened to push me through with a penknife. I saw
Q. Did the prisoner say how he came by the pocket book and hook ?
Jones. He owned they were Mr. Margerum's, and that he had them from his wife.
Jury. Are you a servant to Margerum?
Jones. I am a porter to an apothecary. I rent a lodging of him.
Prisoner. Was not Mrs. Margerum's apron tied on?
Jones. It was tied about her middle when she came down stair. But when she went out it was untied; I did not see her untie it, but she put some more things into it.
Q. After she came down stairs did she untie the bundle and put things into it?
Q. What things did she put into it?
Jones. A gown and some other linen.
Q. The gown was in the bundle before, was there any other put in?
Jones. There was another put in below stairs.
Q. Did she tie the apron on afterwards ?
Jones. No, it was untied when she went out of the house.
Prisoner. Did not I stand by the fire side when she came down stairs ?
Jones. You was in the house, but you was higher the door than the fire, when you came down stairs, she followed you directly.
Prisoner. Did not Mrs. Margerum offer you or the maid the keys, and say, tell Mr. Margerum I have got nothing but my own?
Jones. I don't remember that.
The Prisoner's defence.
Sarah Sleep . I was at Mr. Margerum's on Twelfth Day, and about six o'clock in the evening as John Jones and I were sitting by the fire, Mrs. Margerum called for a candle, and went up two pair of stairs; while she was above the Prisoner came in, she ordered me to bring her an apron, and I carried it to her: she took some things off the bed, and tied them up in it, and I tied the apron upon her. The Prisoner was sitting by the coffee room fire all the time, and she gave me the keys to give to my master when he came home.
Q. Did she use to wear that gold watch?
Sleep. Yes; she always wore it by her side to know what time the girls went out or in - The girls who were pliers to the house, a couple of young girls that they had.
Q. What did they keep those girls for?
Sleep. To bring gentlemen out and in.
Q. What use was the watch of to her?
Sleep. To see what time they went out, for fear they should go to another tavern, and not come to her house.
Q. Who went out of the house first, the Prisoner or Mrs. Margerum.
Sleep. She went out first, and the Prisoner followed her - about a minute after; I was in the entry then.
Q. Did not they go out together?
Sleep. No; I am sure they did not, she carried out the bundle in her apron.
Q. Did the Prisoner assist her in carrying it out?
Sleep. He was not by her, and I am sure he did not assist her.
Prisoner. Ask her whether she did not see Mrs. Margerum give me the pocket book in the passage.
Sleep. She gave it out of her hand into his in the passage.
Q. Was not the Prisoner in Margerum's bed-chamber?
Sleep. No, not at all; he was all the time by the coffee room fire.
Q. Where or when was the pocket book delivered to him? do you know how the Prisoner came by that pocket book: [the pocket book was produced to her, and she stood at a pause a considerable time.]
Sleep. I do not know any thing of it.
Q. Do you live there now?
Sleep. I left the service because the girls and I could not agree. I live in my own lodging; [she was asked where that was, but made no answer.]
Margerum. The Prisoner has taken up one of my witnesses, and threatened to transport Sleep, if she gave her Evidence for me.
Q. Does he follow the business now?
Moore. He works at the business.
Q. Did he follow his business so as to get his bread by it? Consider you are upon your oath.
Q. What was the Prisoner's behaviour while he lived with you?
Moore. He behaved modest and well, and never did any thing amiss.
Q. Have you any other way of living?
Moore. No; but I have a husband who has a gift of two voices, a gift which God Almighty has given him; and he goes to gentlemens houses and other places to divert gentlemen and ladies.
Hannah Terry . I am servant to that Lady [Mrs. Moore] I have known the Prisoner two years and two Months, I never knew him behave any otherwise than civilly. He is a breeches maker; he worked for my master's brother - two years and two months - he worked all the while with him.
Q. What dress did he go in, did he use to wear a laced hat?
Terry. Not till within these two months.
Q. How came he to wear a laced hat?
Terry. He is a soldier.
Moore. I forgot that; he is a soldier, my Lord, and it behoves a soldier to wear a hanger - he has been a soldier about six weeks; his Sergeant's name is Temples; he belongs to Colonel Stuart's regiment.
Q. Does not your Mistress bring men home along with her? [The witness was silent.]
Q. Does not your Mistress walk about o'nights?
Terry. Only about her houshold business, to fetch in errands.
Q. Does she keep any women in her house?
Moore. I do not keep any women in my house; I do not love women, I can hardly bear a maid servant to wait upon me.
Q. Do not you go to visit Mrs. Margerum?
Moore. She came once to my house, and called for half a pint of wine, but by what I can find since, she came to court the Prisoner.
Q. to Terry. Don't you know that your Mistress walks abroad o'nights?
Terry. Not by the way of men.
John Ball . I have known Mrs. Moore's house to be a base house for some years, and she a base woman: 'tis a reputed Bawdy-house; I have seen her abundance of time, go out to pick up men on Tower hill, waiting to pick up gentlemen. I have seen her abroad with other men, besides the man that goes for her husband.
Moore. I suppose you are an enemy to Harry, [ the Prisoner ]
Mr. Rondeau. I knew Mrs. Moore twenty years ago, she used to go by the name of Chamberlain. She walked in Spring Gardens at Vaux Hall, and picked up men there.
Moore. Pray did you pick me up, or did I pick you up?
Rondeau. She asked almost every one to give her a glass of wine.
Moore. You know VauxHall is a very pleasant place; I know you very well, for I remember you picked me up there once.
Rondeau. Every man that goes by her door now, she asks them, whether they will walk in. I have business that way sometimes, she has asked me many a time.
Moore. It is a sign I have obliged you, or you would never have given me this character. Acquitted .
Elie Castaing being arraigned, his Council desired a Jury de medietate lingua, which the Court granted: upon which Jury the following gentlemen were sworn.
141. Elie Castaing , late of the parish of St. Martin's in the Fields , in the County of Middlesex, Gentleman ; was indicted, for that he, on the 21st day of Sept . with force and arms in the said parish, and the said County, one gold chafed watch of the value of 18 l. 18 s. five gold rings set with diamonds, 35 l. four gold rings set each with a saphire and diamonds, 10 l. one gold ring set with a saphire and pebbles, 1 l. fiveElizabeth Taylor widow, feloniously did steal take and carry away, against his Majesty's peace , &c.
Elizabeth Taylor . I live at Bath , and have a residence at Bristol; I have a shop in the long room near the Hot-wells; and continue there during the season of the Hot-wells , which is, from the 15th of June, to the 7th of Sept. On Saturday the 21st of July last, my shop was shut up after 11 o'clock at night; I staid and saw my journeyman and apprentice shut it up. All the goods in the indictment were locked up in the shop that night, there are two pretty large solding doors, which fasten with a staple and a padlock.
The gold chased watch was produced and proved by Mrs. Taylor to be her property, and locked up in her shop, the 21st of July at night.
Then the rings and seals were produced, but there was only one of the five gold rings set with diamonds, and one of the four gold rings set with a saphire and diamonds found. These with about eighteen other rings and some of the seals Mrs. Taylor proved to be her property, and locked up in her shop that night.
Q. Was your shop broke open at any time?
Taylor. My shop was shut up the 21st of July at night, and the next morning being Sunday, about seven o'clock my apprentice came to me while I was in bed, and said he must speak to me; he told me my shop was broke open; I was very much surprized, but after I had composed myself a little, I went there, and found that the staple was wrenched out, and the padlock unlocked, and then I missed these goods.
Q. Do you know the Prisoner ?
Taylor. I know him very well; I have seen him at Bristol a great many times, and I can say, that on the Friday morning before my shop was broke open, the Prisoner came up to my glasses, and locked at them - I think, (but I cannot be positive ) I saw him in the Long Room that Saturday - I saw him again the Wednesday after in the Long Room; that was the last time.
Q. When did you advertise these goods?
Taylor. I sent to some of my dealers to advertise them, and I received a letter from Sir Thomas De Veil , I think it was dated December 14, wherein he acquainted me, that he had committed to New Prison one Elias Castaing , and had found upon him a gold chased watch and several rings.
James Berrisford . I am apprentice to Mrs. Taylor, these rings and the watch in particular were in her shop the 21st of July at night; I locked it up myself, our maid called me the next morning between six and seven, and told me the shop was broke open. I went and found one of the doors about a quarter open, and some rings and other goods loose upon the counter, and upon making an examination, I missed these things - to the best of my remembrance, the night that this happened when I was shutting up the shop I saw the prisoner at the roley poley table.
Mr. Mercy. I live at Bristol, the Prisoner lodged with me about six months. I live about a musquet shot, or about three times the length of this room from the Hot-wells. - I do not remember the day of the month Mrs. Taylor's shop was broke open; I know it was on a Saturday.
Q. Was the Prisoner indebted to you?
Mercy. He always was, and always very scantys of money - The Prisoner staid till the Thursday morning following, and then he said he was going to London, he came back again the Tuesday following at night: he would have paid me the 15 l. he owed me as soon as he came home, but he was in such a trembling that he did not pay me that night, but he paid me the next day. - Mr. Percival paid him 12 l. the Wednesday or Thursday before he went from Bristol, of which he paid
Prisoner's Council to Mrs. Taylor. Did not the Prisoner say that he was sorry you was robbed?
Mrs. Taylor. I believe somebody was shewing him that my shop was broke open, and I believe he said in broken English, he was sorry for my loss.
Mr. Rawlins. The 28th of July the Prisoner, (who went by the name of Lambert) and Mr. Clement a shoemaker, came to me with a gold watch and two rings (it was a gold dial plate then, but it is an enamelled one now) and pledged them to me for seventeen guineas, and they remained with me two months, and then were redeemed. I think they were brought the 28th of July: he appeared very genteel.
Paul Bouillard . The Prisoner was recommended to me by Mr. Vanciliers, a merchant in the city. The first time I bought any thing of the Prisoner was about five months ago, I believe it was about a month before Michaelmas, they were some small roses unset: he came to me very genteel; he was in the same dress he is now, and I had no mistrust of him. I took this watch out of pawn about three weeks after I bought them; it was in pawn for seventeen guineas, and he desired I would make the most of it, because he was short of money.
Q. How much money has he had of you in all?
Bouillard. As near as I can call to mind about 45 l. I paid him 5 l. 10 s. for the unset roses; for four rings and a seal 4 l. 4 s. another time 13 l. and a fourth time 22 l. 5 s. 6 d.
Q. How much were they worth?
Bouillard. As much as one can make of them - I think I gave the full price for them.
Q. Did you set down the times when you bought them, and the money you paid?
Bouillard. As I paid ready money for them, I did not set them down.
Q. Did he say how he came by these things?
Bouillard. He said he had bought goods at Bath and at Bristol, and that he had sent goods abroad several times - he said he bought these at Bristol of a man who had a box before him.
John Lewis Demareen . When the Prisoner was first taken up, Mr. Bouillard, the Constable, and I, went to his lodgings, I told him I heard he had got some goods that were given out to be stole; I said he must give an account how he came by the goods he sold to Mr. Bouillard. I acquainted him with the robbery committed at Bristol; he said he bought them at Bristol about eight or ten days after the robbery was committed. I told him it was very imprudent to buy such things so soon after a robbery: then he said his memory was very bad, it might be three weeks or a month after. I told him I must know the truth, and how he came by them; and as I was a soreigner, and did not understand the laws of this country, I was willing to go to a person who understood the laws, and went before Sir Thomas De Veil . In the conversation I had with him, he said he bought these things of a shopkeeper in Bristol: I said, I am very glad of it, for then you will easily clear yourself of this affair. Said I, do you know where the man lives? then he was a little confounded, and said, he bought them of a Jew, who carried a shop before him. I asked him, whether the Jew spoke French; he said, he did not, but he made him understand that he would give him so many guineas, and that he laid out his money to get something by them. I asked him in what place he bought them; he said, he bought them at his own lodging, and since that he has told me he bought them in the street. When he came before Sir Thomas, he said he bought them of a man at Bristol, who had a little shop before him. When the watch was produced, I knew it perfectly well, because I had sold it to Mrs Taylor: he said he bought the watch three weeks after the robbery was committed.
Mr. Bouillard said he believed Mr. Demareen had given a faithful account of what passed relating to this affair.
The Prisoner made his defence in the French tongue, which was interpreted to the Court and the Jury:
That he went out of the Long Room that night at half an hour after ten, in company with Mr. Mercy and some other persons who he does not know, went home with Mr. Mercy to his own lodging, supped with him, Miss Bartlet, and another, and went to bed about eleven o'clock as he used to do; the next morning about seven o'clock Mr. Mercy knocked at his door for breakfast, and directly after that he went to drink the Waters at the Hot-wells, then went to hear a sermon in the town, and dined with Mr. Percivall: he does not know how they can accuse him when he knows he was in his own room. That on the 25th or 26th of that month, he received some money of Mr. Percivall, and that with what he received before was about 41 l. And as he was coming home - the Wednesday night after the robbery, he met a man,
That he was several days in Bristol after the robbery was committed, and if he had been guilty, he would not have staid there so long. When he came to London, he went to Mr. Clement's the shoemaker to get him to help him to some money on these things; he did not care to let people know he wanted money so much as to pawn these things, and that was the reason he did not put them in his own name, for he thought to take them out again very soon. When he had raised some money, he went down to Bristol again to satisfy Mr. Mercy; and that he shewed these things publickly to Mr. Cumberford and several other people, which he would not have done if he had stole them.
Mr. Cumberford. The Prisoner lodged in my house about six or seven weeks, ten or eleven months ago; and about eight days after he came to my house, he had a bill of 63 l. some shillings sent him, I got it accepted, and it was paid by a 50 l. bank note, and the rest in cash. About four months ago he shewed me three or four small rings - I am a jeweller.
Q. What was the occasion of his shewing you those rings, was it to borrow money on them, or to sell them?
Cumberford. He shewed them me to ask the value of them - as to his character, I never heard any thing amiss of him. He always kept very good company, and paid me very well.
Mr. Peccarereau. I have known Mr. Castaing about six or seven years. During the time I have known him, I always took him to be a very honest man. I knew him at Bourdeaux, he always was reputed to be an honest man. He would not keep company with those who were not so. I have had dealings with him, and he has paid me very honestly. He has some friends who are very rich. I know they have supplied him, and will supply him again - the prisoner shewed me some rings at Mr. Cumberford's.
Issac Cuttercau, (a merchant at Bourdeaux ) I know his uncle has remitted him several sums of money. Whether he has done it within these six or eight months I don't know - he shewed me some rings at Mr. Cumberford's about 5 months ago.
Sir Charles Le Blond. I knew Mr. Castaing at Tunbridge Wells last summer was twelve months. I had very little acquaintance with him; he was acquainted with the nobility and gentry. He once desired to borrow 20 guineas of me, which I lent him, and in two day's time he wrote me a complaisant letter and returned the money again.
Mr. Griffan. I have known the prisoner about fifteen years, almost from a child, he was always reckoned an honest man, and every one was pleased with his behaviour. His uncle sent to me to endeavour to get some place for him.
Mr. Luneau. I went to pay a visit to the attorney general of Jersey. Mr. Castaing was there; and at the attorney's recommendation, I took him into my house and he behaved very well.
Mr. De Maltus. About three months ago he breakfasted with me, and he has done so almost every morning these 9 or 10 weeks, and always behaved well. I left my purse once with 30 or 40 guineas in it upon a table in the room where he was, and I did not lose any thing out of it. He has been three or four hours together in my apartment. I found he was very much of a gentleman.
Mr. Lynch. The first acquaintance I had with him was at Bath last winter was 12 months. I was frequently in his company, and he always behaved well.
Q. What opinion have you of his honestly?
Lynch. A very good one; because I have heard of his family, and they are people of very great reputation at Bourdeaux. I very little expected such an action from him.
Mr. Blake. I saw Mr. Castaing last season at Tunbridge Wells, and in very good company. He always behaved like a gentleman.
Mr. Lockman. I have known Mr. Castaing about three months. I came acquainted with him at Slaughter's Coffee house, he behaved much like a gentleman; he was respected by every body there. And if he had not been reckoned a gentleman they would not have kept him company. I should not have thought he would have been guilty of such a thing as this.
James Julian . I have known him about twenty months, and have lent him four or five pieces at a time and he always paid me very honestly. If he had had a mind to have wronged me, he might have done it.
Mr. Chapman. I have known him about two months. His appearance and behaviour during that time have been so much like a gentleman, that I could not have thought he would have been guilty of any such thing.
Pros. Coun. Did you ever know him deal in jewels?
Griffan. No, Sir.
Mr. Shaw. I have had no knowledge of him till about sixteen months ago. I saw him several times at Bath; and there was no such suspicion of him there.
Q. to Mercy. Pray can you recollect where you was that night?
Mercy. I was at the Long Room - I came home between 10 and 11 o'clock.
Q. Was the prisoner at home before you?
Mercy. Yes, he was at home before me. Guilty .
Sarah Holland . My husband keeps the Mermaid Inn in Great Carter Lane . On the 31st of December, between 9 and 10 at night the prisoners came in together and asked for a pot of beer. I did not know but they might be country gentlemen, so I run into the room and asked them if they would have a fire, they said no, they should not stay. I went into the next room where my husband was in bed. There is a wainscot partition between the 2 rooms, about 5 feet high, and the rest is glass, and a curtain to part of it. I looked through the glass, and saw them sitting facing one another with their knees jammed in together. I said to my husband, I believed they were sodomites. Then I looked through a thin curtain and saw them kissing one another. A little after I looked in again, and saw Manning's hand in Davis's breeches. I looked in again, and then Davis had his hand in Manning's breeches. After that Manning put his tongue into Davis's mouth: they seeing a candle in my room, got up and came to the window to look if they could see the shade of any body; then they set down again, and Davis shewed what he had to Manning; they kissed one another for some time, and then Davis opened his breeches: I had not patience any longer, and called Robert Wright , and said, I have heard talk of sodomites, and I believe these are some; Wright said he had not patience; I looked again, and saw them acting as man and woman: - I saw them act as such. Then I lifted up my sash, thinking they would go away. What do you mean, said I, by 2 men acting as man and woman.
Q. Was Manning's back or his face to Davis?
Holland. I believe his face.
Q. When you saw the first fact, why did not you discover it?
Holland. I don't know. When they found I had discovered them, Davis run into the yard with his breeches down, thinking he was going into the street, and some gentlemen stopped them both.
Manning. Did you see my breeches down, or any such thing; or did I run into the yard ?
Manning. The prisoner Davis pulled what he had out of his breeches, and asked me whether I ver clapped, and I said, no, nor poxed neither; he said he was clapped, and desired I would look at -
Q. Did you hear any such conversation?
Holland. I did not hear them talk any thing.
Davis. I was very much in liquor. I don't know how I came to go to that house.
Holland. They were both very sober.
Edward Morey . I happened to be at Mr. Holland's and saw the prisoners in a back parlour that looks into the yard. Mrs. Holland called me into the little room, which she lies in, where Mr. Holland was then in bed, and desired me to stay. There is a partition wainscot 4 or 5 foot high, the rest is glass. She took hold of the corner of one of the curtains and desired me to look. According to her desire I did look, and saw the prisoners knees close to one another, and their faces as close together as ever mine and my wife's were - they were sitting face to face. Mr. Manning got out of his chair and looked to the glass to see if any body was looking. I went into the back yard with a design to look through the window, and presently Mrs. Holland cried out, nasty rogues, vile fellows. I met Davis at the entry door going into the yard with the lower part of his breeches unbuttoned, and his shirt out. He said, for God's sake let me go, or I am ruined to all intents and purposes. He said, it was the first crime that ever he committed of that kind before - Manning denied it to all intents and purposes, was in a great rage, and asked me whether I would accuse him of being guilty of any such thing - they were sober to my thoughts.
Robert Wright . I lodge at Mr. Holland's. On the 31st of December, a little after 9, I was going to bed; Mrs. Holland met me at the foot of the stairs, and said, Wright, come here. I went into the little room, the candle was out. Said she, I have heard talk of sodomites, I believe there are some
Q. Were they face to face when you saw this?
Wright. Yes; Davis was between Manning's knees; and when Mrs. Holland said, what are you doing of, they quitted one another.
Q. What position was Manning in?
Wright. He was sitting in his chair - Davis got up and went to Manning's chair, and got between his legs.
Q. Did you see Manning do any act?
Wright. He put his hand to the entrance of Davis's breeches.
Q. Do you think it was to assist him in this sodomitical act, or to prevent him.
Wright. I believe to assist him.
Q. You say Davis's face was towards Manning?
Wright. They came face to face: I advised Davis to put his breeches up, but he could not in two or three times trying, he was so much frightened: he said Manning had been the ruin of him - Davis said Manning had drawn him away several times, and Manning said that Davis pulled his - out to him.
Jonathan Green. The last day of the old year I saw the Prisoners at Mr. Holland's, which was the first time I ever saw them in my life; on a sudden there was a great noise; presently came in Mrs. Holland; says she, Mr. Green, here are a couple of sodomites; I said, God forbid; I got from my chair, came into the passage, and there was Davis with his shirt out of his breeches: he sled into the backside to get off, for the fore door was fastened, but the hostler brought him in again: his shirt was out still; then he came and begged of me to intercede with the landlady to let him go: said I, Friend, if you had brought a girl into the house, I would have interceded for you both to go; but as it is, let the law take its place, for I will have nothing to do with you. He entreated to be let go, and said, he was undone; I said, it was a pity the thing had fell out so, that it was a wicked thing, and I would not screen him in it - As to Manning, he looked like an old rat in an iron cage, he did not make any attempt to go away.
Q. Why did you take him to be like an old rat?
Green. Because he looked very cunning.
Manning. I was buying a penny seed cake at a pastry cook's in Cheapside, and Davis was buying a wig; we were going to part; said he, shall we drink once; I said, I do not care if I do, so we went to the Mermaid; then he asked me concerning a clap, and pulled out his - to shew me, and I put my hand out to examine him.
Q. Are you a Doctor ?
Manning. Yes; I practise that way.
Davis. I bought a half penny bunn in Cheapside, and was going to the Goose and Gridiron, and when I met Manning, he asked me to go with him to this house.
Q. Did you ever see him before?
Davis. Very seldom.
Manning. I never saw him but once, and that was one morning to drink half a pint of purl.
Joseph White . I keep the Leghorn warehouse in Leadenhall Street, Davis was my servant to clean knives and run of errands: he lived with me sixteen months, and behaved very well. I never saw him drunk but once, and then he was mad.
John Fort . I am partner with Mr. White, I can only confirm the evidence given by him of the Prisoner living with us, that he behaved well: he was the best servant we ever had in that station - as an errand boy. I never heard he was guilty of any debauchery.
Linnell Lee. I live at the Sun Tavern at Shadwell : last Saturday night between ten and eleven a man* comes in who has a mock voice, and I understanding since that the Prisoner is a slight of hand man, I saw something between his legs, and upon that I enquired what tankards there were, and there was one missing. I said to my servant, I believe the man in the box next to the door has it between his legs. My man went up to him, put his hand between his legs, and said, now I have got what I wanted, and took it from him.
Q. What did he say when the tankard was taken from him?
Prisoner. When I am out of business, I shew tricks to divert people. I have been often at your house, and you have given me leave to do it, and I thought I might take the freedom with you.
Q. Did you ever give him leave to shew tricks in your house?
Lee. I believe he did about two years ago.
Prisoner. There is one Stephen Moore , a man who has two voices, was diverting some gentlemen in the house, and I thought at a proper time to shew them a fancy, for I always carry a live pidgeon, and I took this tankard to make use of upon that occasion.
Jury. Was he shewing any tricks at that time?
Lee. I did not know he was in the house.
John Ravenscroft . I live at the three Tuns in the Old Bailey, I have known the Prisoner four years, his character was always that of a very honest man: he was my servant two years ago when I kept a coffee-house in Smithfield. Guilty 10 d.
When the Jury brought in their verdict, the Prisoner said, how do you know what I designed to do with the tankard?
Anthony Hamilton [a black.] I am servant to Admiral Anson : on Lord Mayor's Day last I lost my handkerchief by St. Paul's Church , a man said, is this your handkerchief? and I said, yes; he said the Prisoner took it out of my pocket.
Q. What are you?
Remmington. I am a cabinet maker.
Q. Are not you a thief-taker?
Remmington. If they fall in my way I take them sometimes. I saw the Prisoner take this handkerchief out of Mr. Hamilton's pocket, and go to put it into his own.
Prisoner. Mcdonald is the person who took the handkerchief out of the gentleman's pocket, and now he wants to push it upon me. They are the greatest rogues and thief-takers in the world; they do it for the sake of the reward.
Q. Is not the reward an inducement to you to give testimony.
Remmington. No; it is no inducement to me, the King's crown should not be an inducement to me.
A Juryman of London. I knew Remmington an errand boy when he first came to town, and he took naughty ways, and would not stay with his master: he is a naughty man.
Q. What trade are you?
Mcdonald. I am of the same trade now. I keep a house of 12 l. a year in Water-Lane in Fleet-Street: four or five of us went out that day to pick up thieves in the city.
Q. How long have you practised this?
Mcdonald. Two or three years. I saw the Prisoner follow Mr. Hamilton pretty close, and saw him pick the handkerchief out of his pocket, and I laid hold of him with the handkerchief in his hand.
Prisoner. He has been an evidence, and hanged two or three people.
Q. Does Mcdonald keep a publick house?
Hind. He sells beer and liquor - He is a sword cutler by trade, he fitted up a hanger for me once - I wanted a hanger, because I go to take up these sort of people. We went out on purpose on Lord Mayor's Day to take up some of the Black Boy Alley people. I was concerned in taking those who were tried last sessions.
Prisoner. Hind says he lodges at an alehouse, but he keeps a bawdy-house in Chancery Lane.
Hind - I do live in Chancery Lane; it is not a licensed house, it is a private house.
Q. The Boy knows you all?
Hind. That shews he is the greater rogue. About five Minutes before I saw him put his hand into a man's pocket, and pulled out nothing; that was the reason we followed him. Guilty 10 d.
A clerk to a gentleman in the commission of the peace said, the Prosecutor's wife deserved to be in the place of the Prisoner. Acquitted .
147. + Frances Clark. otherwise Dames , of St. Giles's in the Fields , was indicted for assaulting Frances Quin on the highway, putting her in fear, and taking from her a sheet, value 5 s. a pair of pillowbears, value 12 d. two velvet hoods, value 5 s. two gowns, value 10 s. a shirt, value 18 d. and a half shift, value 18 d. the goods of Daniel Quin , Dec. 18 .
Frances Quin . The Prisoner threw me down in the Coal-yard in Drury Lane , and took these things from me, and left me senseless just at my own door, between my own cellar and the next house. I had been at Mr. Crawford's in the Park at Southwark, and bought them there, and as I was going home, I fell down over some rubbish in Wild Street, and was very dirty. I went into a publick house, one Mrs. Murphy's, the corner of Colson's Court in Drury Lane, got some water, and washed myself, and the Prisoner [who was her maid] washed my apron, and I gave Mrs. Murphy three half peace to give her maid. Mrs. Murphy, another, the Prisoner, and I, had two pints of hot with a little gin. Between nine and ten o'clock I went away, and Mrs. Murphy insisted upon the Prisoner's going home with me?
Q. What was the reason of your going into Mrs. Murphy's?
Quin. Nothing; but only I had met with a man by Fleet Ditch who had frightened me, and I was under an apprehension that he would follow me home, and rob me, because he told me I had got tea, and that he might come in and search my house.
Q. For what purpose was Mrs. Murphy's maid to go home with you?
Quin. Because Mrs. Murphy would have her. She would have gone quite home with me, but I would not let her, because I did not like her.
Q. Did the bundle tumble from you, or did she take it from you?
Quin. She took it from me. I struggled with her to keep it, and my nose was bloody in the struggling.
Q. What time did you go out?
Quin. I went out about 11, and staid in the Borough till between 5 and 6.
Q. What did you drink all that time?
Quin. Only one pint of beer in the Borough. I drank no where else. When I came home I told my daughter I had been robbed. She went to Mrs. Murphys and asked if her maid was come home; she said, no. My daughter told her she had robbed me. Mrs. Murphy said, then she should be ruined, and her house indicted. The next day Mrs. Donelly delivered my daughter the gowns, the pillowbear, and the boy's shirt, which the prisoner had left with her.
Q. What did she say to you as you went along?
Quin. She said, d - n the woman, why does not she go home - I can't tell why she d - d me, or why she wanted to go home with me, unless it was to take the things from me when I got in.
Q. Did she offer to do you any harm when you was down?
Quin. I can't say she did.
Prisoner. I am very innocent of the matter; she was so much in liquor that she could not stand.
Quin. It was no such thing. I was as sober as I am now.
Quin. This gown was in the bundle she took from me.
James Deary . On the 18th of December between 11 and 12 at night as I was passing by to my stand, I saw the prisoner standing at a door in Great Queen street, with a soldier, said I, what are you going to be married? She had a bundle, and I saw a shirt with ruffles hanging out. She said she was married, and those were her husband's things. Said I, Where is your husband ? she said, he was just by. I asked the man if he was her husband, he said, he never saw her in his life before. I met one of her companions, who said, Fanny, you will certainly be hanged if you don't tell the watchman the truth. She was very drunk indeed. I took the bundle, and carried her to the constable; and there was a sheet and a half shift in it.
Eleanor Quin . There was a man came by and said he saw my mother lying upon the ground; that she had been robbed, and he saw a woman put some things in her apron, and carry them away. I went to Mrs. Murphy's and asked her whether her maid was come home, she said, no. I said, she had robbed the person she went home with. She
Q. Had not your mother been drinking?
Prisoner. Mrs. Quin delivered the things to me in my mistress's house. She was so much in liquor, that she could not carry them herself. I am 23 years of age on Midsummer day. There is one in Mrs. Murphy's house who heard Mrs. Quin say she would not have troubled herself with me, only for the sake of the reward. Guilty of the felony only .
Bromley was servant to Messrs. Hodgkins and Whitebread, at the Blue Bore in Cannon street. On the 4th of December they sent him to receive a fifty pound bank note; but he did not return with the money. Upon that they thought proper to advertise him the next day, with 5 guineas reward. The same day Mr. Dunn, the landlord of the Cross Key's Inn in St. John's street, sent to acquaint them that he believed the thief was at his house. They went and took Bromley and Newman together (who went to lodge there the night before) Bromley had spent 13 s. and returned them all the rest of the money. Bromley was examined with relation to the snuff boxes, owned the taking them, and said that Newman and his wife told him if he could bring any thing to them they would help him off with it. The boxes were found the same day upon Newman in Dunn's house, and he owned he had them of Bromley. Bromley guilty . Newman acquitted .
152. Mary Pineaw , of Christ Church Middlesex , was indicted for stealing a gold ring, value 17 s. a quilted petticoat, value 5 s. a holland apron, value 6 d. four linen caps, value 2 s. two linen handkerchiefs, value 6 d. a pair of leather clogs, value 6 d. and 2 s. 8 d. in money , the property of John Moody , Dec. 6th . Guilty .
153. Mary Sampson , of St. Mary Whitechapel , was indicted for stealing a pewter soop dish, value 1 s. two plates, value 1 s. a glass bottle, value 6 d. half a pound of green tea, value 3 s. and a copper pot, value 3 s. 6 d. the goods of Agnes Hudson , October 14 . Acquitted .
154. Elizabeth Wood , was indicted for stealing two mobs, value 2 s. 6 d. two linen handkerchiefs, value 12 d. two caps, value 12 d. a pillow-bear, value 12 d. and a child's shirt, value 6 d. the goods of Margaret Jones , Dec. 13th . Guilty 10 d.
155. John Jenks , was indicted for stealing a pair of linsey woolsey curtains, value 12 d. a pair of Sheets, value 6 s. a pair of blankets, value 3 s. and a pair of bellows, value 2 d. in his lodging , the goods of Cornelius Ford . Acquitted .
157. Mary Gibson otherwise Pratt , was indicted for stealing seven iron bars of a range, val. 4 s. one iron Crane, value 3 s. an iron sender, value 20 d. and a pair of iron cheeks, value 3 s. the goods of Samuel Cross , Dec. 20th . Guilty .
William Milbury . The Prisoner put two firkins of butter into my boat, and told me, if I would tell him where to sell them, he would give me half a crown. I carried him to King Edward's stairs at Rotherhith to Mrs. Sheppard's; and by the persuasion of the Prisoner she bought one. He told her the vessel was taken by the French, and that they gave each of the men two sirkins of butter towards their wages.
Ann Sheppard . Milberry and the Prisoner came to me, and by a great many persuasions I bought a firkin of the Prisoner, and gave him 16 s. for it. He told me the ship was taken by the French, and that he had the butter in part of his wages; he said, we sailors seldom make dry bargains, and asked if he should send for a bottle of wine, but I refused it: it was marked R. Hill.
John Bridge. I lost a firkin of butter out of the Prince William, marked R. Hill, my mark is B. R. Mr. Child in Thames-street said, he had a sirkin of my butter, and I found it there: Mrs. Sheppard owned she bought it of the Prisoner.
Henry Barnes . I do business among the Cheesemongers : the Prince William which was loaden with butter at Hull, was taken by a French Privaer, and carry'd into France. Sankey was cook of her. I heard he had robbed a ship, and when he was taken up, I went to Mr. Child's, and there was Mrs. Sheppard with the sirkin of butter: he owned he sold it to her, and sold another in Rag-fair, and that he took these two firkins out of the ship. Guilty 10 d.
Ann Bell . I was told that somebody had taken these things off one of the beds. I understood that a boy had been lurking about the door some time. I went to him and told him I suspected he had taken such things; he said, he knew nothing of them. And upon searching an empty house just by, a pair of blankets were found. Then he owned he got into a leaden gutter, went into the room and took them out of the window.
James Tow . The prisoner came to me with a pair of sheets, said he was going on board a ship, and desired to leave them. He laid them down and said he would be there again in half an hour. I thought when he left them they had been trowsers, or some things for the sea, as he was in a sea dress. Mrs. Bell came in and asked for such things; my wife made a laugh at it, and said, there were no such things there. I said, a boy they call Mutton, had left a bundle, I shewed them to Mrs. Bell, and she said they were hers. Guilty .
The following persons, who were under sentence of Death, have obtained his Majesty's favour, on condition of being transported for life, and received sentence accordingly; viz.
Condemned in September Sessions.
Condemned last Sessions.
The Trials being ended, the Court proceeded to give Judgment as follows.
Received Sentence of Death, 1.
Transportation for 7 years, 16.
To be Whipped, 5.
That each of them shall stand on the Pillory in St. Paul's Church yard, some day within the space of one month, between the hours of eleven in the morning, and two in the afternoon, for the space of one hour: Manning to be imprisoned for the space of six months from this time; likewise find sureties for his good behaviour for three years afterwards; himself bound in the sum of 40 l. and two sureties in the like sum of 40 l. each. Davis to be imprisoned for the space of three months from this time, likewise to find sureties for his good behaviour for one year afterwards, himself bound in the sum of 20 l. and two sureties in the like sum of 20 l. each.
The following persons, who were under sentence of Death, have obtained his Majesty's favour, on condition of being transported for life, and received sentence accordingly; viz.
Condemned in September Sessions.
Condemned last Sessions.