HELD AT JUSTICE-HALL in the OLD-BAILEY, On WEDNESDAY the 11th, THURSDAY the 12th, FRIDAY the 13th, and SATURDAY the 14th of September,
In the 18th Year of His MAJESTY's Reign.
BEING THE Seventh SESSIONS in the MAYORALTY of the
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1745.
King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.
BEFORE the Right Honourable Sir HENRY MARSHALL , Knt. Lord-Mayor of the City of London, 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.
+ 299. Catharine Evans , of Fulham , was indicted for stealing a silk purse, val. 2 d. a leathern purse, val. 1d. a pair of Stockings, val. 2 s. two gold rings, val 20 s. a silver thimble, val 12 d. a silver pocket piece, val 6 l. a shift, val. 2 s. a pair of cotton gloves, val 2 s. two pieces of Portugal gold coin value 7 l. 4 s. Fourteen guineas and 3 s. in money, the Property of Mary Pound , Spinster , in the dwelling house of William Walker , August 3th.
Mary Pound. The Prisoner lodged in the next room to me in Mr. Walker's house, about four nights; when she was going away from her lodging, she asked me leave to go into my room for a handkerchief, and then she robbed me of these things and money. I found her in London with my stockings and shift on; I pressed her to confess, but she would not own any thing, but before the Justice she owned the taking of the goods and money.
Prisoner. I submit myself to the mercy of the Court. The pawnbroker wronged me of 3 l. 12 s. in the money, or it would all have been made up.
Q. How did he wrong you of three pound twelve shillings?
Prisoner. The pawnbroker gave me but 36 s. for each of the 3 l. 12 s. pieces.
Thomas Wright . (constable) On the 16th of Aug: I was sent for to take charge of the Prisoner, I searched her, and she had the Prosecutrix's shift and stockings on; I carried her before Sir Thomas Deveil , and there she confessed the robbery, and said if he pleased, she would shew me where the money was, which she did. She said, she had pawned these two rings to Mr. Tucker, and there was a dispute between him and her, as if she had not pawned them at all: there was Mrs. Pound's silk purse with about twenty guineas in it; and Mrs. Pound said, she had two three pound twelve shilling pieces in it: said I to Mr. Tucker, Did you ever see this purse? Yes, he said; said, I, Did you ever see this leathern purse? Yes, he said, and he believed there were about 17 guineas in it. Mrs Pound said, she had two three pound twelve shilling
Wright. I found it at a house in Gibson's Court, in Shug lane St. James's under the stairs.
Q. You talked about the Rings, and said there was some doubt whether they were pawned or not?
Wright. Yes. When I asked him about the Rings, he said he had none, till he saw the Prisoner, and she said she had given him a three pound twelve shilling piece to take twenty six shillings and four pence out of, which was owing for things the Prisoner had in pawn. She said he weighed the piece against another piece, and said it was a thirty six shilling piece, and that he said it was very pretty money, and said, have you got any more of them; and she said she had another. She said before Sir Thomas De Veil that he gave her for that a guinea and a half, and 4 s. 6 d. in silver ; that when she pawned the rings, she had 3 in crown pieces, and that she gave him four of them and a shilling, and he gave her a guinea, for she wanted to change the money as fast as she could.
John Tucker . These two rings were placed to me by the Prisoner at the bar; she had some parcels of goods with me, which came to 26 s. 4 d. and she gave me a 3 l. 12 s. piece, and I gave her the change. I gave her two guineas, 3 s. 6 d. and 2 d. Then she pulled out another 3 l. 12 s. piece, and I gave her three guineas and nine shillings for that. Guilty, Death .The Prosecutrix recommended her to the court, and begged the favour of transportation .
300. Jane Caton , otherwise Cathorne , of St. Paul's, Shadwell , was indicted for stealing a cotton gown, val. 10 s. a pair of shoes, val. 6 d. a checked apron, val. 6 d. and a cotton handkerchief, val. 6 d. the goods of Eleanor Read , Dec. 20 .
Eleanor Read . And please you, my Lord judge, the Prisoner came to me as a lodger, and lodged with me about six or seven nights, and on the 20th of December she got out of bed from n, and went away, and I missed my things in about a quarter of an hour; I had her taken up, and she confessed before justice that she took them.
Elizabeth. The Prisoner owned that she took the good pawned them.
Prisoner. the pawning of the gown, Mrs. Read knew herself, and as to the other witness, I have not seen her for a year and an half. Guilty 10 d .
301. Mary Shaw , of St. George the Martyrs was indicted for stealing a cotton gown, val 2 s. 6 d. a shirt, val 2 s. a shift, val. 1 s. a cloak, val. 1 s. 6 d. a piece of lace, val. 2 s. two cambrick mobs, val. 2 s. two cambrick handkerchiefs, val. 2 s. one pair of cambrick ruffles, val. 1 s. a muslin handkerchief, val. 1 s. an apron, val. 1 s. a pair of thread stockings. val. 4 d and a necklace, val. 2 d. the goods of William Cooper , Aug. 19 .
Elizabeth Cooper . I have known the Prisoner about 3 years, and she was then a very honest person. On saturday the 17th of August last she came to me, and said she was come from her place, and was going to Nottingham in the waggon; and staid with me till Monday. I was obliged to go out on Monday, and when I came home she was gone, and I missed all those things. I went to the Ram Inn in Smithfield, and could hear nothing of her. I followed the Nottingham waggon to Highgate, thinking she might be in it, but she was not. And as I came back by Sir John Oldcastle's, I found her there hearkening to the musick, with my gown, and several of my thing on. I asked her if she would go with me, and she said she would. I asked after my things, and she said some she had pawned, and some were sold, and some she had on her back.
The Prosecutor not appearing, the Prisoner was acquitted .
Mary Moore . I keep a Toyshop in the Strand , on the 9th of August the Prisoner came and asked to see some handkerchiefs, I shewed her some, and she was very difficult in choosing. I had a suspicion that she had got some under her apron, so I took hold of her with one hand and turned up her apron with the other, and under it were four silk handkerchiefs; she said, for God's sake, let me go, I told her I would not. Guilty 4 s. 10 d .
Richard Cross , in his dwelling house , Sept. 2 .
Q. Did you know her before?
Cross. Yes; she was my servant about two years and three months ago She said she had some friends to come to see her, and she called for a tankard of Beer, and would have it in a silver tankard.
Sarah Cross . The Prisoner was in my house that day from two o'Clock in the afternoon till eight in the evening, in the common publick room. There was George Fell , who servant to the brewhouse, and some of his fellow servants had been drinking there all the afternoon. I but just delivered the tankard into George Fell's hand, and went up stairs, and when I can known it was gone
Q. Was the Prisoner drinking with them?
Q. How long had you given the tankard to him before it was missing?
Q. How came you to deliver the tankard into his hand just at that time?
Sarah Cross . I had been drinking with them, I went up stairs for something, and when I came down I missed the tankard; I desired George Fell to seek after her. He went to search after her, and found the tankard at a pawnbroker's in Hounsditch, he sent for me to come there, and I went and found her and the tankard there; and then she fell down upon her knees and asked my pardon.
George Fell . I am cooper to Mrs. Edwards's brewhouse. About 5 or 6 of us were at the Angel Tap -house , belonging to the brewhouse, all the afternoon; the Prisoner came in about two o'clock. Between three and four, says I, Mary, you are a fine servant to stay here all this afternoon (for she said she was a servant, and lived next door to Dr. Bamber .) She said she waited for the Bow coach. Some time after that I told her so again, and then she said all the family were in the country. I drank the last of our beer, and handed the tankard to Mary, the maid of the house; this was about 8 o'clock, and at that time the Prisoner said to Mary, the maid draw me a tankard of beer, and the maid of the house went to draw it in a pewter tankard, the Prisoner made reply, Why do you draw it in a pewter tankard? I and my fellow servants can drink out of a silver tankard as well as those men: the maid of the house said, a pewter tankard was as good as a silver one; the Prisoner said, she would have a silver tankard, and I saw the maid bring the silver tankard up full, and set it down upon a little table in the room, and the Prisoner took the tankard off the table, and said, she would go into the little room by the bar; and the maid of the house followed her the room, and came back to us. I said, Mary, there is a tankard of beer that she has had, which shall have to pay for, if you do not take care of it ; she went into the room the Prisoner went into , and said, Lord, Mr. Fell, there is no body there , and the candle is blown out; said I, what is the tankard? she said, I cannot tell; said I the candle and see; she took the candle and looked , and the tankard was gone, and no body there : presently Mrs. Cross came down, and she said to me, for God's sake go and look after the tankard; said I, what can I do? I cannot do any thing in it, but she desired I would. I knew the Prisoner used to go sometimes to a place where she had an acquaintance, and I intended to go there; but I thought as I went along, I would call at two or three pawnbrokers to try if I could hear any thing of it: I happened to go into a pawnbroker's in Houndsditch, and said, there was a silver tankard lost from the Angel in Whitechapel, and asked if they had seen such a tankard, marked R.C.S. the man seemed in a surprise; said I, you need not be in a surprise, for I have got the Prisoner, though I had not, but I said so, because I saw him in a surprise: said I, let me see the tankard, there's nothing at all in that; so he took the tankard out of a drawer from under the counter, and shewed it me: I said it was Mr. Cross's tankard: he said, the person that brought it to him was an honest girl, for he had known her a great while, and told me that I must look after the Prisoner: I said, as I had seen the tankard, I would not trouble myself about it, for they should find out the Prisoner; and in about an hour they found the Prisoner and brought her to the pawnbroker's shop.
John Smith . On the 2d of September about 8 o' clock, the Prisoner brought this tankard to my house; I had known her about seven or eight months, and she used to be a customer to us, and had a good character. She said she brought it from her sister, who keeps a public house in Skinner's Street, and wanted to borrow 8 l. upon it, to pay the brewer the next morning.
Smith. She said it was her sister's tankard; I said, I could not lend her so much upon it: she said, she had received 40 s. for her sister, and if I would lend her six guineas upon it, it would do, which I did, and in about ten minutes time a person came from Mr. Cross to inquire after it; I went to inquire after her, and found her; I sent to Mr. Cross's directly, and they came and owned the tankard.
Mr. Cross's servant maid deposed, that she brought the tankard to the Prisoner, and the Prisoner said she had some company to come, and went into the little room by the bar; that she went up stairs upon some occasion, and when she came down again, the Prisoner and the tankard were gone.
Prisoner. I gave the six guineas back to the pawnbroker.
The Jury found her guilty to the value of 39 s .
306. + John Martin , was indicted for breaking and entering the dwelling house of William Robinson in the night time, and stealing one pair of sheets, val. 5 s. and a pair of stockings, val. 6 d. the goods of William Robinson , and
James Bye . Jeffs and Martin came to me, and we agreed to go out to get what we could come at, we tried at several houses, and could not do any thing; then we came to a house in Dove Court, by Leather Lane. The Prisoner had a hanger under his coat, and he bid Jeffs not be afraid, and swore the first man that came to oppose them he would cut his head off: there was a latch to the door, and Jeffs turned the latch, opened the door, and went into the house about ten o'Clock at night, and brought something out in his apron, and began to run; Martin said, what do you run for? or something to that effect. He brought out a pair of sheets, and a pair of ribbed stockings.
Q. How far was Martin off at that time?
Bye . He might be half the length of the Court off. We went to Mrs. Lucas's to sell them and she did not buy them; then we went to the Prisoner Macklaughlin, otherwise Mason, otherwise Thomas, otherwise Little Moll , and asked her five shillings for them, she bid us eighteen pence, and at last gave us half a crown for them.
The Jury acquitted Martin of the burglary, and found him guilty of the felony . Macklaughlin Guilty .
Paul Portinier . The Prisoner went into my room, looked under my bed, and took my watch out of a box, and he has engaged it to a pawnbroker for five shillings at the Cross Keys, the corner of the Coal Yard in Holborn.
Q. What have you to say against the Prisoner?
Dare. I have nothing to say against him; I do not know the Prisoner no more than the Pope ; the Prisoner said I bought a chain of him, but I do not know that I did.
John Porter . (a servant to the keeper of Clerkenwell Bridewell ) The Prisoner was at first committed for correction, but when he was charged with this, he owned he had pawned the watch for five shillings, and owned he sold the chain to Mr. Dare, for three shillings.
Prisoner. There was something pushed under the bed, and I found it to be the watch, but who put it there, I cannot tell: and as I was going along the watch kicked against my foot upon the floor, and there was a bruise which I made in it having a new pair of shoes on. Guilty .
309. 310. + Samuel Jones and Mary Moore , of St. George in Middlesex , were indicted for breaking and entering the dwelling house of John Watland , about the hour of twelve in the night, and stealing two sheets, val. 2 s. a pillow case, val. 1 s. a towel, val. 2 d. two Harrateen curtains, val. 8 s. two vallens, val. 1 s. a quilt, val. 1 s. a blanket, val. 1 s. a copper kettle, val. 7 s. a ladle, val. 6 d. a pewter chamber pot, val. 1 s. two pewter porringers, val. 6 d. and a saucepan, val. 2 s. his property, July 28th .
Q. How do you know this?
Francis Crockett . This Jones and Mary Moore lived over my head. On Monday night the 28th of July, they came home about eleven o'Clock at night; I did not see them bring any thing in then, but they went out again, and returned in about a quarter of an hour, and she came in with a bundle, and he had a kettle and something in it that rattled. They left these things in his apartment, and went out again, and the third time they came in with some sheets and other things, and then the clock struck twelve.
Q. Did they bring a candle in with them then?
Crockett. No, she left a candle in the window the second time they were there. About five o'Clock they went out.
Q. Did they carry these things with them?
Crockett. No, but they were carried out of the house. I got up about seven o'Clock, and saw that the window shutters had been cut open, so that I could put my hand in between the two window shutters, (I made a complaint to the neighbours of it; for Watland always desired us or some of the neighbours to give an eye to his windows whenever we went by, when he was out of town) one pane of glass was broke, and the window shutter bedaubed with mud. The neighbours would have had me have taken out a warrant, but I did not care to do it till the Prosecutor came home. Jones went to Rag Fair to buy a bit of Salmon, and somebody who knew that I was going after him, bid him not come up the Lane; so when he saw me, he threw the Salmon away, and put the dish under his arm, and run away. I found under the head of the Prisoner's bed a large spike nail, a chissel, and this bunch of keys, [some of them were pick lock keys] I sent to Watland, but could not find out where he was. In about three weeks his wife came to town, and Jones confessed at Mr. Unwin's house that he broke Watland's house open about 12 o'Clock at night, but that he never should have done it if he had not been in liquor, and he owned the taking all these things.
Prisoner Moore. I have nothing to say to him, he is so roguish, I do not know what to say to him.
Samuel Unwin . On the 29th of July Crockett came to me, and said, there was a poor man's house broke open, and desired me to go with him to Jones's house, for he did not care to go without me, for fear of coming into trouble. I went with him, and in the Prisoner's room we found these things [a bunch of keys, a large spike nail, and a chissel] and a great part of the goods which the Prosecutor lost: I carried these things to my house, and in about three weeks time the Prosecutor and his wife came to town, and they came to my house; I fetched the things down, and Watland said, they were his. I had intelligence that Jones used to make it his constant practice to go to St. Paul's to pick pockets; so I went into the middle isle of the church, and saw the Prisoner pass by me: I did not rightly know him, but he saw the Prosecutor, and so turned back again into the Isle; I took hold of him and pulled him back, said I, is your name Samuel Jones ? he said, no; said I, What is your name? He said, my name is Elmore; said I, you must come along with me. So I let him go, for I thought he would come along with me, and I was not willing to make a disturbance in the church; he run away, I cried out stop thief, and he was taken presently, and was carried to my house; he denied the fact for a considerable time, but afterwards he owned that he and Moore broke open the Prosecutor's house between twelve and one, and took the things that were missing, and said, he was sorry that he should hurt a man he knew, and one he knew to be poor. Jones acquitted of the burglary, Guilty of the Felony . Moore Acquitted .
Ebenezer Hartley . I am a Constable upon the Keys, about 11 or 12 at noon, I saw the Prisoner lurking about a hogshead of tobacco, at Butolph's wharf ; I watched him, and saw him take some tobacco out of the hogshead: I followed him, and took him; he said it was a very small matter, and hoped I would forgive him; I said I would not, if it was never so little.
Q. Do you know the Prisoner?
Hartley. He is a foreigner that works upon the Keys; he is not a ticket porter. He has been a porter about a year.
George Buckeridge . I have known the Prisoner thirteen years. I have intrusted him with fruit and other things in the warehouses. I have intrusted him with money, and he never wronged me of any thing in his life.
Samuel Tatem . I am a gangsman. We are for the merchants, and the landwaiters are for the King. We put the goods into the warehouses, and lock them up, and if they don't turn out right we make up the deficiency, and make every thing answerable, as they were when they came in. I have employed the Prisoner daily and hourly, and have intrusted him frequently, I have intrusted him with money, and I never found him to deceive me in any thing, but he was always just and true.
Q. Is that his general character?
William Tinkler . I have known the Prisoner 3 years, and have intrusted him as my own servant. I have intrusted him to change gold, and never knew him to do any thing amiss; and I would intrust him again, if he was clear.
Hartley. My Lord, it is no wonder that these gangsmen speak for these persons, to encourage thieving, for they put them upon it.
William Clack . (A constable upon the keys) I have known the Prisoner about a year and an half, and know him to be a reputed pilferer . He is one employed by these gangsmen to do what they call sweep for the soot; that is, to work for what they can thieve or steal.
Prisoner. I was informed by some lemon porters that there was some tobacco lay under some planks, and so I took it.
Jury. I desire to know whether Hartley saw him take it out of the hogshead.
Hartley. I saw him take it out of a hogshead, but I can't tell whose property it is, because there were more merchants than one concerned in that ship. Guilty 10 d .
William Clack . The Prisoner is a ticket porter , and was employed to hook the tackle to the hogsheads. I saw him bring this out of a lighter, at Wiggins's key : one of the hogsheads was broke, but I can't say who broke it. I asked him how he came by it, he said one of the coopers gave it him. I enquired of the coopers whether it was so, but they would not own it to be truth.
Q. Did they deny it?
Clack. They would not own it to be true. The Prisoner begged for God's sake that I would forgive him, and said that he never did any such thing before. And before the Alderman he said he found it.
Prisoner. I found it under the sheet of the lighter. Guilty 10 d .
James Cartwright . The Prisoner was my porter , he lived with me about four months; but the latter part of his time he was apt to stay out, and not come so early home as my hours required, which made me think he came by money dishonestly, and I was determined to part with him. I desired to look into his trunk, he refused it at first, but I told him if he would not open it, I would have it opened; then he, with reluctancy, opened it, and this piece of Scotch cloth was in it; he asked pardon, and said it was mine. I said, how can it be mine when it is in your trunk? I looked on it and saw it was mine; it was marked with characters.
Prisoner. This piece of cloth lay some time in the cellar, and as I was brushing my clothes I was called up, and when I went down again I found this piece of cloth in my trunk, it might fall down into it by accident. And I did not know what to do with it, but had a design to keep it there, to give it to my master the first opportunity.
Q. Excepting this, what is his general character?
Cartwright. I had a good character of him. They said he was a little given to drinking; but if I had a strict hand over him, he might do very well.
Q. Did he make the defence he does now, when you first found it out?
Cartwright. No, it is quite new. Guilty 10 d .
314. + John Moore , of Pancras , was indicted for assaulting, Sarah, the wife of John Price , on the King's highway, putting her in fear and danger of her life, and taking from her one gold ring, val. 10 s. and 2 s. 8 d. in money , July 19 .
Mary Price . On the 19th of July last coming by Bayswater, near Kensington in a chaise with Mrs. Sarah Taylor , about six or seven o'clock in the evening (it rained prodigious hard.) A person came up to the chaise with a crape over his face.
Q. Is the Prisoner the person?
Q. How did you see his face if he had a crape over it?
Q. How much was there?
Price. There was 7 d.
Q. Did he take any thing else from you?
Price. He took two gold rings, and rode off as hard as he could; we drove after him as hard as we could drive, till we saw two gentlemen; I then stood upright in the chaise, and cried out, a highwayman, a highwayman, he has robbed me, and they rode after him and took him.
Q. In how long time did they take him?
Price. I believe it could not be a quarter of an hour.
Q. Was he never out of your sight?
Price. He was never out of my sight. I saw them pull him off his horse, then we stopped, and they brought the Prisoner up to us, and asked us if we knew him: I said, yes, he was the person that robbed us, and he owned the fact.
Q. What did he say?
Price. He was asked whether he was the person that robbed us, and he said, yes, he was, but he hoped we would not prosecute him.
Prisoner. I would ask the lady whether she knows me to be the man?
Price. Yes; I saw your face, the crape was aside. This is the crape he had over his face.
Sarah Taylor . The Prisoner is the man that robbed us, and he was brought back to us, and the gentlemen that took him asked him whether he was the man that robbed us, and he said, yes, he was the man, and hoped that we would not prosecute him.
Mrs. Taylor being asked whether every part of Mrs. Price's evidence was true, she said it was, so she was informed it was needless to relate the account of the robbery.
Ralph Marsh . On Friday the 19th of July, myself in company with Henry Stevenson , were going to our respective homes. When we came to Tyburn turnpike, there was a cry of highwayman, (it rained violently hard) and the first person I saw was the Prisoner John Moore , on a black horse. I got into the same track, and rode after him, and did design to ride over him, but he turned out of the way, (I suppose he was surprised to hear somebody so near him) and my horse rode before him: I could not immediately stop my horse; so soon as I would I turned my horse, and rode after him again, and he turned his horse against Mr. Stevenson's. I caught hold of his right hand, and we both came down together. Upon this Mr. Stevenson and I secured him; he asked what we wanted with him; I said there was a hue and cry after him, and if he had done any thing amiss he must answer for it, and he should. He struggled a little, and desired us to let him go; I told him I could not; he said, then I am a dead man. I said, how do you know that? He said it was the first robbery that ever he committed. I said it was too soon now, so Mr. Stevenson and I led him, he went between us, I laid hold of his left arm, and Mr. Stevenson of his right. In leading him along the road, he begged for mercy, and said he had robbed two women of a small trifle; I think he said of about 18 d. or 2 s. and some half-pence, and two gold rings, and desired us to let him go. We carried him up to them, and Mrs. Taylor said, I thank you, Sir, that is the man that robbed us. We went to the White-hart, and had a pot of beer, and desired the women to let me know where I might call upon them. The Prisoner had a pistol in his pocket loaded with shot. I think he had about three shillings in silver and some brass. I asked where the rings were, he said he had put them into his pocket. I desired him to sit down, and told him if he would not sit down, I would tie him. So I searched his breeches for the rings, but could not find them. He said there were holes in his pockets, and they might get into the lining, so I unbuttoned the knees of his breeches and they dropped out.
Q. Is it true?
Q. Had he a pistol?
Stevenson. Yes; it was in his right hand pocket, and I took it out.
Prisoner. My Lord, I am a poor unfortunate unhappy fellow, it was the first fact that ever I committed. I never did any such thing in my life before, I never was a person that was extravagant in my life; nor I never did any wrong to any person in my life. My wife and family were ill and in distress, and I was drove to necessity, and that brought me to this.
Walter Collins . The Prisoner is a fan maker, he is a very honest man, and has paid me pounds for work that I have done for him. He followed the trade till it grew so bad, that he could not live by it, and then he took to other business.
Q. What other business did he take to?
Q. How long is that ago?
Bigs. It is about three years ago.
Thomas Simpson . I am a taylor. I have worked for him fifteen years. - I have not worked for him for four or five years last past. He always bore a good character, and I never heard a person speak ill of him in my life. Guilty, Death .The Jury begged the favour of the court to recommend him to his Majesty's mercy, on account of his being of a good family, and as they all believed it was the first fact that ever he committed .
Q. Who had you them from?
Q. Do you know them to be yours?
Blunt. Yes, excellently well.
Q. When did you miss these razors?
Blunt. I did not miss them till every one of them were gone.
Q. Did you ever lend him any razors?
Blunt. No , I never did.
Q. Have you had any quarrel with him?
Blunt. No; only on this account, for I took him to be an honest man before.
Q. Did you find any of the razors?
Q. What is the Prisoner?
Blunt. He is a schoolmaster.
Q. How many scholars did he use to have?
Blunt. He has had thirty or forty scholars.
Q. Do you think a man who has so many scholars would steal a few old razors?
Blunt. He did do it.
Q. Had you a search warrant?
Samuel Davis . John Mansell made me a present of these two razors. Mr. Blunt's son came over to my house one Sunday morning, and saw me shaving myself , and he said he could swear to one of those razors, that it was his father's.
Prisoner. Gentlemen, I am quite unacquainted with the proceedings of this court, and therefore I hope you will excuse me if I say any thing that is contrary to the rules of this court. Mr. Davis did come to borrow a razor of me, and while I was with Mr. Blunt I borrowed some razors of him (I think it was some time in October) I would ask Mr. Blunt whether I did not desire to borrow some razors of him? said he, there is a box of old razors, take what you will, and I took three; I was going to get some oil to set them with, and he said he had got something in his house that would do as well, and he lent me that.
Q. What things were they?
Ford. There were seven books, three razors, a hammer and a flower tub
Mr. Burgess. I was informed that Mr. Blunt had a warrant against Mr. Mansell. I said Mr. Mansell would insist upon his innocence and character.
Q. What character does he bear?
Burgess. I have known him ever since he has
Burgess. Yes, very well, and I know him to be a very malicious man, and loves to be litigious.
Mr. Gilbert. (the Headborough) Blunt was 3 times at my house to bring me the warrant, but I was not at home. Mr. Mansell sent me a letter, and said he heard there was a warrant out against him from Mr. Blunt, and he said he would come to me, and he did come to me, and desired I would execute the warrant. Mr. Mansell is a man of a very good character, and I was sorry he should fall into such hands.
Q. What is his character in the neighbourhood?
Gilbert. His character from all the gentlemen that ever I was in company with is that of an honest young man.
Q. Do you think he would steal old razors and old books ?
Gilbert. I believe he is as innocent of it as I am myself .
Q. Do you know Mr. Blunt ?
Gilbert. I have lived two years over against him , and his character is such, that if he could take any advantage he would, and I believe he would serve me the same. if he had an opportunity .
Mr. Cope . I never knew a man of a better character in my life than Mr. Mansell , and that was the reason of my being his bail . Blunt said it might have been made up, if it had not been Mr. Mansell's fault.
Q. Do you think he would be guilty of stealing any razors?
Scot. I believe he no more stole the razors than I did.
Q. What character has Mr. Blunt?
Scot. Mr. Blunt's character is as indifferent an one as any man can have.
It appearing to be a malicious prosecution, Mr. Mansell was honourably acquitted .
316. Susanna Hall , otherwise Susanna Smith , of London, was indicted for stealing two gowns, val. 10 s. two cambrick half handkerchiefs, val. 1 s. two muslin handkerchiefs, val. 12 d. one silk handkerchief, val. 6 d. one linen handkerchief, val. 3 d. three aprons, val. 3 s. three shifts, val. 5 s. six silver tea spoons, val. 7 s. a pair of silver tea tongs, val. 18 d. and two silver spoons, val. 7 s. 6 d. the property of James Randall . July 19 .
Elizabeth Randall . The Prisoner was my servant , she came to live with me on Monday the 15th of July, and I lost these goods on Friday the 19th. About 4 o'clock in the morning the door was found open by our own workmen , when they came to work, and she was stopped the same morning with the goods by Mr. Paine, a pawnbroker.
Matthew Paine . On the 19th of July, about 6 o'clock in the morning, the Prisoner brought four silver tea spoons to me, and she asked 8 s. upon them; I said, if she would make them out to be her property I would lend her six shillings upon them. She said they were her sister's . Seeing her in a little confusion I suspected her, and bid my boy go with her to her sister's, but she did not carry him to her sister's: and the boy brought her back to me, and then she owned whose they were; and she gave me two more spoons, and told me whose they were; she said they were Mr. Randall's, in Bartholomew Cross . I went with her to Mr. Randall's, and he threatened to charge the constable with her, if she did not tell where the other things were; and the constable said he would intercede with Mr. Randall as far as he could, to be merciful to her; and then she gave him the bundle.
Another Witness. She was a lodger with me about a week, and I trusted her with a great deal of linen that I had of gentlemens, and she never wronged me at all. She went from me to Mr. Randall's to live.
Q. Is not she a relation of yours?
Crisp. Yes, she is a relation of mine. She came of a very honest family, and I believe no body can stain the family with any thing but this - I am her sister. Guilty .
317. Elizabeth Dolman , of St. Leonard, Shoreditch , was indicted for stealing a pair of silver shoe buckles, val. 9 s. the goods of Robert Mackie , and 18 d. in money , the property of Isabella Field , August 5 .
Isabella Field. I went out early one morning, and the Prisoner desired me to come and see her room, and there were her and her husband; said she, what will you give us? I said I cannot stay: but I gave her some half-pence to get some liquor. I had my master's silver buckles in my pocket, a silver shilling and a silver six-pence.
Q. Where is the Prisoner's room?
Field. There she stands
Q. Where is the room?
Field. It is in Shoreditch .
Q. How do you know the Prisoner took them?
Field. Because there was no body there but her husband and herself. She called her husband to kiss her, and then she stopped the money into his hand. She said, my dear , buss me; and he said he did not want any of her bussing
Q. Are you sure you had the buckles in your pocket when you went into the room?
Field . I am sure I had them in my pocket when I gave her the half pence to buy the liquor. I cannot say but I fell asleep, for I was a little vexed in my mind .
Q. Then you think the buckles were taken from you when you was asleep?
Field. I don't know but they might.
Q. Did you know her before?
Field. I knew her by seeing her in the street, but I never was in her room before .
Q. What did you go for then?
Field. Because she pulled me down the alley.
Prisoner. I met her in Shoreditch with a bloody apron and handkerchief. She had been fighting, and I advised her to go home, but she went with me to my lodging. We had two or three drams, and I fell down to sleep, but whether she had the buckles with her, or whether she was awake or asleep I can't tell .
Q. What is her master?
Prisoner. He keeps a lodging house for all sorts of people. Acquitted .
318. + Philip Devine , of St. Martin's in the Fields , was indicted for stealing 150 complete sets of the 1st, 2d, 3d and 4th vol. of the Roman history, By Ozell, of the value of 30 l. 400 sheets, being part of the 5th and 6th vol value 3 l. and 200 books of the 4th vol. value 10 l. the goods of Francis Blayer , privately in the warehouse of the said Francis , July 17 .
Francis Blayer . These goods were in a warehouse belonging to Mr. Carne, I had not room to put them in my warehouse, so he gave me leave to put them into his, till I could get a chap to buy them; and when I came to look for them, there were only thirteen bundles out of 47. I discovered it first by this; my wife sent a pair of muffatees to Mr. Avery to be died, and they were sent home in some of my paper. I enquired how he came by that paper , and he said he bought it of one Mr. Roberts .
William Roberts . In November last, the Prisoner's wife brought a parcel of this paper in loose sheets in her apron, and I gave her two pence farthing a pound, which is the common price for waste paper; I had about three hundred weight of her, and I made use of it from November till the 17th of July, before I knew it was stole, and then Mr. Carne and Mr. Blayer came to me to know if I had got that paper: so I took the Prisoner and his wife up, and the remainder of the paper I had left, was returned to Mr. Carne's house . I carried them before Sir Thomas Deveil , and he committed him, and discharged his wife: he was committed upon his own confession , he owned he sold great part of the paper himself .
Q. Did he say he took it?
Roberts. He said he was ruined and undone forever.
Q. What business is the Prisoner?
Roberts. He is a carver by trade.
Charles Carne . The Prisoner worked with me two years, and when Mr Blayer brought this cargo, which was a very large one, I told him, I had a large warehouse to put it into, and I did not think any of my men would take it; the front of the pile always remained whole, and they had taken it away behind, and had as it were scooped it. Mr. Blayer said, Mr. Carne here is but very little paper left, here are but thirteen bundles; I said to the Prisoner, you had better confess the fact; and he said, he had sold between four and five hundred weight to one; I have three hundred, three quarters, eleven pound and a half , which he had sold to Mr. Ninn . When the Prisoner worked for me, he always behaved very well. I paid him a guinea a week, and when he worked piece work, I have paid him 25 or 30 l. a week. I would employ him again if he was at liberty, to make any work at home.
John Ninn . My servant bought two parcels of paper of the Prisoner of about half an hundred weight each, and I paid him for a third of about half an hundred, and there were several other parcels that he brought afterwards .
Prisoner. I never stole any of the paper, but it was brought me, and I sold it.
Godwin Prime. I asked him, (I think it was in New Prison) how he came to do so, and he said the devil possessed him: he said, he took the paper by piece-meal, and desired to speak with Mr. Crane and Mr. Blayer. I have entrusted him with a great deal, and he always had a good character; and I would employ him again, that is, if he made any goods at home, I would buy them of him.
The indictment being laid for stealing them in the warehouse of Francis Blayer , and it appearing they were stole in the warehouse of Charles Carne , He was acquitted of privately stealing in the warehouse, which is a capital offence, and found guilty of the felony only .
319. + Ann Crew otherwise Carpenter , of St. Luke's Middlesex (together with - Hawthorn not taken) was indicted for breaking and entering the dwelling house of William Dudley , about the hour of two in the night, and stealing twenty seven doe skins, value 8 l. twelve skins, value 20 s. a shift, val. 2 s. 6 d. a gown, val. 10 s. a quilted bed gown, val. 12 d. a cotton apron, val. 12 d. a sheet, val. 2 s. a kettle, val. 12 d. two pair of stockings, val. 12 d. a wooden pail, val. 6 d. a curtain rod, val. 2 s. 6 d. &c. the goods of the said William Dudley , June 10th .
William Dudley . My house was broke open and robbed of Goods to the value of 15 l. either on the 9th of June at night or the 10th in the morning, every thing was fast at ten o'clock at night, and I lost all the goods mentioned in the indictment; the doe skins were worth at least 10 l. This bed gown of mine was found upon her.
Eliz. Carr. The Prisoner asked me if I would buy any thing; she only offered me this bed gown and two or three old things.
320. + Monica Branning , of Christ Church, Middlesex , was indicted for assaulting Nicholas Grayley in a certain alley or open place, near the King's highway, putting him in fear, &c. and taken from him a watch, with an inside and an outside case made of silver, value 5 l. a silver chain, val. 10 s. and a silver seal, val. 1 s. his property.
Nicholas Grayley . I am a bricklayer and plaistrer . Some time in January last, I had been at Mr. Sparks's house in Phoenix Street, Spittle Fields , with a neighbourly club; I pulled out my watch to see what it was o'clock, and it was past eleven, and I went away, and at the corner of Buttermilk Alley, cross Phoenix Street I wanted to make water, and this woman [the Prisoner] wanted to have a buss of me, and she put one of her hands round my neck, and the other to my fob, and pulled my watch out, I felt it going, and missed it immediately, I put my hand upon her gown, and took hold of it (she had a printed linen gown on at that time) she turned round, and gave me a blow upon my hand, and made me leave my prize; the place was a little slippery, and with that and the blow she gave me, I fell down upon my two hands; upon which she run away, and I do not know which way she took. The next morning I went to the Justice's clerk to get a warrant for her, but I could not find her, she kept out of the way and I have not seen her since till about three weeks ago, when I was watching some goods for the landlord, I saw her go by, and took her up.
Q. Was the Prisoner at the house that you was in?
Grayley. Yes, I found out who she was, and I went to her mother's, and her mother told me she had not been at home all night, and said, she was a sad creature.
Prisoner. When did you miss your watch?
Grayley. I missed it immediately, and took hold of your gown directly .
Q. How can you be sure she is the person?
Grayley. I saw her face very plain in Buttermilk Alley.
Q. Was it light or dark?
Grayley. It was between dark and light.
Q. Did you return back to the house afterwards?
Q. And did you complain that you had lost your watch?
Grayley. When I went into the house, the woman of the house said, Mr. Grayley, I suppose you have lost your watch, and I said, yes madam, I have.
Q. Were they in company together?
Sparks. Only in publick company, in the publick room. The Prosecutor went out first, and in eight or ten minutes, as near as I can guess, the Prisoner
Q. Did he declare when he came back that he had lost his watch?
Sparks. When he struck me cross the back he did not say any thing about the watch, but pushed into the house directly, and then the company were all gone except his wife and another.
Grayley . Did not I ask you what the woman's name was?
Sparks. Yes, and I told you her name.
Q. Were they in liquor or not?
Sparks. Indeed, to my belief, neither the Prosecutor nor the Prisoner were sober.
Prisoner. His wife was drunk and lay cross two or three chairs.
Mary Cooper . She lived with me two years and an half, and I had things of great value, and she never wronged me of any thing; and when work was slack, I know she and her child have lived a day upon a pennyworth of Leg of Beef.
John Marioge . I am one of the Headborough's of the parish of Christ Church, where this fact was committed; and very often we are disturbed by people in that passage, and I do say it is impossible to swear to the face of a person in that place, for there is never a lamp in it. I would do the fair thing by every body, and that is the reason of my speaking in this affair.
Sparks. It is a dark ugly place, and it is difficult to distinguish a person's face there; and if there is a lamp in the day, it is knocked down in the night. Acquitted .
321. + Richard Locker , of St. Martin's in the Fields , was indicted for assaulting Elizabeth Thompson on the King's highway, putting her in fear, &c. and taking from her two cambrick caps laced, val. 2 s. a cambrick handkerchief, val. 2 s. and a linen handkerchief, val. 3 d. the goods of Alexander Buchannan , Aug. 31 .
Elizabeth Thompson . On Saturday was seven-night, about ten o'clock at night. I was passing a little below Charing Cross; the Prisoner met me, and gave me a slap on the face, so that I could not see, and took my bundle from me.
Q. Whose goods are they?
Thompson. They are the goods of Alexander Buchannan , in Charles Street, Westminster , my husband works with him. After the Prisoner had taken my bundle, I took hold of the Prisoner and called watch, and he would not come; then I called out murder, and he would not come, but in a little while he did come, and the Prisoner was secured.
Q. Were these things in that bundle?
Thompson. They were all in that bundle.
Prisoner. Pray Madam, did not I immediately charge you with the watch, for taking my hat off my head?
Thompson. I am a taylor's wife, and I take in washing, I live in Bedford Bury.
Lydia Blackwell . Mrs. Thompson asked me to go with her to her husband who was at Westminster, as Mrs. Thompson was going along with the bundle under her arm, a parcel of young fellows came up, and the Prisoner came up to Mrs. Thompson.
Q. Was he in company with the rest?
Blackwell. He was in company with them.
Q. What did he do?
Blackwell. Just below Charing Cross, he came up from those fellows, and gave Mrs. Thompson a slap on the face.
Q. Was it pretty hard?
Blackwell. I did not feel it; but it was hard to be sure, for she seemed to reel against me, and cried out watch, watch, Blackwell I am robbed; and she took hold of the Prisoner and held him fast, then the watch came, and he was secured.
Q. Are you sure he is the person?
Blackwell. I am positive of it, and that he gave her the blow.
Q. What light was there?
Blackwell. It was quite moon light.
Prisoner. I do not know any thing of it.
Q. What he or she ?
Prior. He was very willing to go, but she was not; and madam Thompson delivered the Prisoner's hat into my hand, but the wig was thrown into the street, and they wanted to make their escapes.
Q. What the women?
Prior. Yes , the women. The young lad finding they were gone, run after them again, and overtook them, and laid hold of them again, and called for my assistance to lay hold of them again, and I carried them back to the watch *. They never talked of losing these things at first, but when they were retaken, then they talked of this robbery and losing these things; then we carried them to the Round-house.
* It is very strange that the constable nor any other of the Watchmen would appear; and it is to be hoped the character of this Watchman will be enquired into by the Gentlemen of the parish.
Q. Who ordered you to carry them to the Round house?
Prior. They had liberty to go home to their beds, and the boy was confined.
Q. How came they to be set at liberty, and the boy confined?
Prior. Because they brought friends.
Q. How came the boy to be committed?
Prior. Why they swore very hard and very positive, and the boy had nothing to say for himself.
Q. Do you know the Prisoner?
Prior. Yes, and I have known his father and mother there twenty years .
Q. What does the boy do for his living?
Prior. I do not know what he does.
Samuel Stafford . As to the fact the Prisoner is charged with I know nothing of, but I have known his parents these sixteen years , they lodged at my house when the prisoner was about twelve years of age. His father is a very good taylor ; I never heard any thing of the boy that was unhandsome, but I never heard much of him since that time.
William Ford . I have known the Prisoner about five years, and he is a very sober honest boy, I I never heard any thing amiss of him, he lives with his father [the boy is about eighteen years of age .]
Q. What business is he ?
Ford. He is a holder to a painter - his character is that of an honest industrious youth .
Nicholas Hudson . I have known the Prisoner twelve or thirteen years; I never knew or heard but he was a very honest lad, and bore no other then a good character; I never knew he was inned to cheat or defraud any body. He lives with his father, and used to be employed by a pa.
Jury. (to Mrs. Blackwell) After the boy had charged Mrs. Thompson, I desire to know whether she did go away or no, and he run after her ?
Mrs. Thompson made answer; Gentlemen, I was frightened with the slap that was given me on my face, and the woman that was with me said , I had better lose the thing than go to the Round-house , for I never was in trouble in my life ; and when I came to the Watch-house, the mob said , knock the Scotch bitch down; I was frightened, as I was with child; and Mrs. Blackwell said, you had better come back than lose your own life and the child's , if you lose your things.
Q. How came you to go out of the Round-house?
Thompson. I never was in the Round-house.
Q. Where did the women make their escapes from the watch?
Prior. Going to the Watch-house. Guilty Death .
322. + Judith Tilley , of St. Mary Whitechape l, was indicted (together with Susannah Gray , otherwise Waters, otherwise Norman not taken) for assaulting Ford Bolley on the King's highway, putting him in fear, and taking from him a tobacco box, value 1 s. and six shillings in money his property. July 15th .
Q What Business are you?
Bolley. I am a Jeweller , I live in Little Britain, and had been with a Jeweller at Ratcliff Cross, and staid a little later than ordinary, coming by that Alley, there was the Prisoner and four more women, one of the women came up to me, and desired me to give her a dram; they all surrounded me,
Q. Have you got them here?
Bolley. No, the pawnbroker has them in her custody.
Q. You cannot say the Prisoner has any of your jewels ?
Bolley . No, but she was in company with the other women , both in the street and in the house.
Prisoner . Ask him whether he ever saw my face before ?
Q. Pray recollect how you came to know her face again ?
Bolley . I was exactly against a lamp, and this particular person [the Prisoner] and 2 more, I could swear to. I am positive by the sight I had of her by the lamp, that she is the same person.
Q. How long is it since she was taken up?
Bolley. It is a good while since, but she was taken in the same alley by one of the thieftakers, who I employed to do it.
Prisoner. There were three poor creatures before, besides myself, who were taken up upon this account, one of them can give you an account that she heard the Prosecutor say, he knew where they were in pawn.
* Mary North , Esther Cooper , and Alice Oakley , were committed to New-Prison by Sir Samuel Gower , Knt. on the oath of Ford Bolley, on suspicion of stealing six gold rings. They were all discharged the last day of Sessions at the goal delivery, the Grand Jury did not find the bill.
North. I never saw the gentleman robbed, nor never knew that he was robbed. I was but a poor body, and lodged in this Susanna Gray's house. I never saw the man there in my life.
Prisoner. Did you ever see me in that house?
North. You have been backward and forward there sometimes.
Bolley. The Prisoner, North, owned to me that she was in the house after the thing was done. These two witnesses were committed by Sir Samuel Gower on suspicion, but I could not swear against them, because I was not sure that they were the persons that robbed me, but as to the Prisoner I am positive.
Daniel Kalisall [He was called for by the Prosecutor.] I have known Ford Bolley eight or nine years, he is a jeweller by trade, and I look upon him to be a very honest man. I have trusted him with forty or fifty pounds worth of goods together.
There were other persons of credit ready to give the Prosecutor a character. Guilty , Death .
323, 324. + Winifred Ward , and Jane Johnson , of St. Mary, Whitechapel , were indicted for stealing a purse val. 1 d. and 14 guineas and an half, the property of William Thornton , privately from his person , June 18 .
Q. When was it done?
Thornton. I went into a house called the Hayfield , in the back lane by Rag Fair, and called for a pint of beer and a pipe, and smoaked my pipe of tobacco. This Winifred Ward was standing at the bar, and I took her to be the landlady of the house, I drank to her, and she pledged me. After that she sat down opposite against me in a little box; then Jane Johnson came in and sat by her, and they persuaded me to have a quartern of - I can't think of the name, rosa solis, no; it is not rosa solis, it is some Irish name I think; - usqucbaugh, ay, that is the name of it. Afterwards they persuaded me to go to a little room where this Winifred Ward lay. We all three went and sat down upon the bed side together, and then we had another quartern of the same liquor . I found it worked in my head a little , then this Jane JohnsonWinifred Ward led me the way, and carried me there, into the chamber; so I called for a bottle of beer, and a woman brought it up and sat it down, but I never tasted it; then Winifred Ward hugged me and kissed me; and I lay down upon the bed with her, and had a roll there, Then she pretended to go for a pair of sheets, and as soon as she got off the bed, I felt for my money, and it was gone.
Q. How long after she was gone, was it before you missed it?
Thornton. It was immediately after. So I run after her, but I could not find her.
Q. Did you miss your money in the other house?
Thornton . No, I did not miss it till I came there. I went to the house I was in first, and made my complaint there, and they said they knew nothing of it, but they were sorry for it . Winifred Ward was taken up the 29th of July ; and as to Jane Johnson I don't know what to say, whether she took it as she sat along side of me , or whether the other took it, I can't tell .
Q. Have you had your money again?
Thornton. No, I have had none of it again. Both acquitted .
Q. In what business?
Taylor . My employ is making bandboxes for the milliners . I had been out, and when I came home I looked in my chest, and missed my things.
Q. How did she get in?
Taylor. She had a key to get in to work .
Q. Have you got your things again?
Taylor. Yes, I found her the next day at her mother's. She denied it at first, but afterwards she owned she took them. I believe she never wronged me before. Guilty 10d .
John Richards . I lost these things. The Prisoner came in for half a pint of beer, and I drawed it for her ; she said I will not pay you for it now, I will pay you for it by and by, and what I owe you besides. She came in again in a little time, and my servant drawed her half a pint more, and she paid for that, and came for another half pint afterwards . My servant said to me, do you know any thing of the porridge pot? I said, no. She said the things were there just now, and there has been no body here but Mary Herring , and she must have them. I went to her and the said my servant lent them to her, and that they were at Mr. Birch's . I went to Mr. Birch's, and there I found them.
John Hutchins . On the 18th of August I left 4 guineas, (the property of my master John Lane, a Fishmonger, in Hugging alley in Woodstreet) in my chamber window. I had taken two guineas from them the 19th, and on the 21st I lost the other two. The Prisoner confessed at Mr. Bird's (Sir William Billers 's clerk) that he took them.
Q. How do you know that those two guineas did not want something of weight? There are a great many guineas that are not worth twenty shillings.
Hutchins. The Prisoner is a painter, and worked in the house.
Q. Have you had your money again?
Hutchins. Yes; one guinea and 4s. 6d. which he owned was part of the money he took out of the window.
Thomas Wheatley , The Prisoner was my servant , I sent him to Mrs. Hewitt's to paint a garret window. My wife informed me there were two guineas lost there out of the room. I challenged the Prisoner with it, and told him he had better confess it, and at last he did confess that he took the two guineas off the window. I never knew any harm of him before. Guilty 39s .
Ann Girle , spinster , putting him in fear and danger of his life, and feloniously taking fifteen guineas, and 4 s. 6 d. in money, from his person, and against his will, in the said dwelling house , Sept. 12 .
Richard Wilson . Last night as I was going down the Minories , Mary Green took me hold by the coat, and asked me if I wanted a pretty girl, I said, no, I have a wife of my own; she said, by G - d you shall have a girl, for I have got a very pretty girl in my house. I gave her a pretty handsom slap upon the hoop or the gown, or whatever she had on, and then out came another girl.
Q. Where was this?
Wilson. It was just by her own house.
Q. What time was it?
Wilson. It was a little before 12 at night. The other girl took me by the left skirt of the coat, which we call the lar-board skirt (I ask pardon for the expression, as I am a tar, I hope you will excuse me) she took me by the collar, and forced me up an alley , and then forced me into a house.
Q. Who forced you into the house?
Wilson. I was forced into the house by Mary Green, and another woman, who is not taken [ Moll Boston ] When they had got me into the house, they sat me down gently into a chair, they did not hurt me at all. Then Mary Green took hold of this left arm, and as she had hold of my arm, there was a door on the left hand which two chaps jumped out of.
Q. What sort of chaps were they?
Wilson. Why men; one of them was a d - m lusty fellow, the other was but a little man, one of them took hold of my right leg, and hove it up, and one of the women who is gone [Moll Boston] took hold of me, and a man in a striped waistcoat got hold of my collar and tore my shirt all to pieces. I did not care to give out very soon, so they tore me all to pieces.
Q. What did you see Mary Green do?
Wilson. She was so good as to hold my arm, and one of the men took hold of my collar, and the other of my right leg; and that pale sickly woman [ Ann Girle ] who pretends to be sick, but she is just as sick as I am, much the same; I believe she is mistress of the house. She took hold of me, and said she would put me to bed, and then the tall girl with the black hair [ Walker ] she is a pretty girl enough; she said she would shew me the way up stairs. Then Ann Girle, as soon as she had got hold of me, put the candle out, and my pocket was picked. This gentlewoman here [ Green ] had hold of my arm.
Q. How much money did you lose?
Wilson. I lost fifteen guineas, a half crown piece, two shillings in silver, and some half-pence. Then this lady, who stands in the middle, Ann Walker , said, you shall not stay to lose all, take care of yourself.
Q. Did they light the candle again?
Wilson. She had her hand about my neck after the candle was out, and she said, my dear, take care of yourself, and you shall not be hurt. Then I called out, and the two women took and hove me out of doors.
Q. Who assisted in putting you out of the house?
Wilson. Why the two men, a little one and a tall one, Mary Green and Ann Walker . When I got out of the house, I set my back against a bulk and called to the watch, and I told the watch that minute, that I had lost 15 guineas, but I don't believe that I mentioned any silver at all. The watch took Mary Green and Ann Walker at the pump in the street. I desired the watch to break the house open, and they told me they could not. They went for the constable, and he said he could not; but when Green and Walker were brought back to the house, then the door was opened.
Q. Where had you been?
Wilson. I had been at the Saracen's head within Aldgate, where I lodge.
Q. Was you quite sober?
Wilson. I was as sober as I am now.
Q. How long was it before that time, that you had your money?
Wilson. About an hour. I brought the money from Sherness .
Q. When did you come from Sheerness ?
Wilson. I came from Sheerness on Tuesday, and I believe it was twelve o'clock yesterday morning when I came here, and I went to Mr. Busby's in Doctor's Commons with a ticket of 33 l. which was my brother's.
Prisoner Green. I desire to know whether you did not leave your watch in pledge at the watchhouse for a shilling, for some liquor?
Wilson. Yes, I did, my Lord, and I saved my watch by chance, it was by mere accident, for the string was got into the inside of my breeches.
Lee. It was in Well Alley in the Minories with another watchman. Mr. Wilson desired us to break open the door, I told him we could not break the door open. Then he said he would have a watchman stand all night at the door, and insisted upon it, and said he had lost fifteen guineas, and shewed me the house. Then Warner, a watchman, came and said, he believed the two women were passed by. I saw them, but they were then in the liberty of the little Minories, and I could not take them. But they came to the pump to drink, which is in our ward, and then Warner and I took them and carried them to the watch-house. When they came there, and finding no body that knew them, they began to be saucy. Then I fetched Mr. Wilson, and he came to the watch-house, and said, those were the women that robbed him.
* He is the tall fellow that Mr. Wilson speaks of who took him by the collar and tore his shirt. He belongs to the Foot Guards now in the Tower . He was taken by Mr. Wilson on Monday the 16th instant, at the corner of Houndsditch.
Arthur Parker . (a watchman) As I was beating the hour past twelve, Mr. Wilson called to me and said he was robbed of 15 guineas. I went into Well Alley with him, he found the door, and said, here is the place where I was robbed. Said he, watchman, break the door open, I said I could not; but if it was upon a cry of murder, I don't know what I might do. He staid there, and I went and fetched the watch and the constable directly. That is all I have to say in the full course of the matter.
Q. Did you see them at the watch-house?
Parker. I saw Walker and Green in the watchhouse first, and afterwards I saw all three there.
Q. Was you present when they got the door open?
Parker. No, I was not.
William Matthews . (constable) About 12 o'clock our watchmen came to me, to go to a house in Well Alley, about a gentleman who was robbed. I saw the gentleman [Mr. Wilson] and spoke to him. He said he was robbed of fifteen guineas, and desired I would break the door open. I told him I could not without a warrant. I knocked at the door with my staff, but could not get the door opened; he said if I would let two men stand at the door all night, he would pay them for it; so I let two watchmen stand there, and they stood I believe about an hour, and then Walker and Green came by and were taken.
Q. Who lives there?
Q. How long has she lived there?
Matthews. She has lived there but since Monday. It is a very bad house; people come in and stay about a fortnight or three weeks, then they are gone and others come in.
Prisoner Walker. Was not I walking down the Minories when I was taken?
Matthews. I did not see you in the Minories. The first time I saw you, was when you were brought to the watch-house.
Q. Were they searched?
Matthews. No, they were not searched, and I believe the person who had the money is got off.
Ebenezer Cartwright , (a watchman.) Parker called me and told me a gentleman was robbed of fifteen guineas. We went to Ann Girle 's house, and Walker and Green went with us to the door, and they knocked at the door, and Nan Girle said, who is there? they said, they were; she said, is there no body else? and they said, no. Then she opened the door, and we went in and took her. Girle said that Tom Boston and his lady had robbed the gentleman. Then said Mary Green to her, must we go to Newgate for you, when you are to have a crown in the pound, out of the money they robbed the gentleman of?
Q. Where was this discourse?
Cartwright. It was in the watch-house.
Prisoner Green. Did you ever know me to be a prostitute or a street walker?
Cartwright. I don't know you.
Green to Matthews the constable. Do you know me to be such a person?
Matthews. I have seen you twenty times about the streets.
Prisoner Green, to Wilson. Where was it that I picked you up?
Wilson. I can't justly say where, for I am unacquainted with that way; it was about the Minories. That lady was so kind as to take hold of the skirt of my coat.
Green. Is the woman here that picked you up?
Wilson. Yes, to be sure she is, if you are here.
Green. Was it I that picked you up, or the other woman who is not here?
Wilson. It was yourself, you was in a black
Green. He said, Polly, I have been ill used, my shirt is torn; said I, I am sure you shall not be ill used.
Prisoner Walker. Green and I were at supper that night upon a couple of rabbets at a neighbours.
Q. Who else supped with you?
White. I get my living by selling things in the streets; my husband has belonged to the Customhouse there twenty five years. Last night we went to bed about 8 o'clock, and about 12 there was an uproar which waked us, and a gentleman came to the door; he had a pair of white stockings, a red waistcoat, and I think a blue grey coat; he said he was robbed of fifteen guineas. There were three watchmen, and the gentleman would not let the watchmen go: there were some people came to call one Sarah Dobbs ; and they said, you must come to Mary Gordon to the Watch-house; but I find now she is prosecuted by the name of Green.
Q. Was the candle put out before, or after the robbery?
Wilson. It was put out just at the time, for the men and the women had hold of me then. The candle was put out just at the same instant that I was robbed.
331. + Christopher Hall , of London, was indicted for the murder of John Furness an infant, about the age of four years , by feloniously, wilfully, and of his malice aforethought, driving and forcing a cart with one horse against the said John Furness , by which forcing and driving, the off wheel went over the head of the said John, and broke his skull, of which he soon afterwards died , July 17th .
Mr. Furness. I am the father of the child. On the 17th of July I found my child dead about six in the evening, and was informed that it died about five o' clock; he had a bruise upon his head by the wheel, from which the brains came out up on his waistcoat.
George Reith . I am a barber. On the 17th of July the Prisoner was driving his cart along Shoe Lane , and there was a child about three years old going along, the child endeavoured to get out of the way, but could not, and the wheel run over his head.
Q. What was the consequence of that?
Reith. It killed the child.
Q. In what manner did the Prisoner drive his cart?
Reith. Very slow.
Q. Was the Prisoner by his horse's head?
Reith. I believe he was upon the shafts of his cart.
Q. Did the child cry out?
Q. Do you think the Prisoner saw it?
Reith. I believe he did not see it.
Furness, (the child's father) I really do think the Prisoner did not see the child, for if he had, I believe he would not have done it; I will speak so much in favour of the Prisoner.
Prisoner. I was driving an empty cart with one horse, I had the misfortune to be lame at that time, and was riding upon the shafts of the cart. I am very sorry for what has happened.
The Jury acquitted him of the murder, and of manslaughter on the Coroner's inquest, and brought in their verdict accidental Death .
The Court reprimanded him for riding upon the shafts of his cart, and hoped it would be a warning to him for the future.
Susanna Etheridge . I was in Mr. Leake's kitchen, and saw the Prisoner come down stairs, and go out with one of my mistress's gowns under her cloak (I did not see her come in or take them) I went after her, and she dropped the two gowns from under her cloak; she went to strike me in order to get away, but a man came up with a wooden leg, and stopped her.
Robert Leake . I was sent for, and when I came home, I asked the Prisoner how she came to do it, she said she was weary of her life, and wanted to be transported; and thought she could live better abroad than here, and gave me a slap on the face. Guilty .
John Smith , between the hours of 12 and 1 in the night, and stealing fifteen castor hats, val. 30 s. and six beveret hats unfinished, val. 39 s. the goods of the said John Smith , Sep. 9th .
John Smith . I live at the hat and feather in Long Lane , on the 9th of this month, about three quarters of an hour after four in the morning, I found my shop had been broke open; the iron bar of the window was broke.
Q. Can you say what day you saw it safe over night?
Smith. I cannot say that: I lost twenty one hats out of my shop; I missed them about a quarter of an hour after I got up. I went to some pawnbrokers to desire them to stop them if any were brought to them, and in about half an hour's time a messenger came from Mr. Edwards a pawnbroker, to let me know he had stopped a hat, and desired to know if it was mine. I went to Mr. Edwards's, and there was the Prisoner James; I said to him, young man, did you bring this hat to the pawnbroker's? he said, yes; I asked him, how he came by it? he said, he made a purchase of it; I asked him, where? he said, in Smithfield; I asked him, who he bought it of? he said, of a drover; that he held it upon a stick, and asked, who would buy a hat? and he bought it; I asked him if he wanted a hat this morning? he said, yes; then said I, how came you to pawn it? I told him, I did not like that way of proceeding, and that I would charge him, if he did not give a better account how he came by it. I went with him into Mr. Edwards's room, and he said, he would tell me the truth; he said he went to sleep in a hay loft, and a man came and pulled him by the arm, and desired he would pawn it for two shillings.
John Edwards . Last Monday morning James and Edwards two of the Prisoners at the bar, came and offered this hat to pawn for two shillings; I had heard that Mr. Smith had been robbed of some hats, so I sent the hat to him, and he owned it.
Q. Did James own the hat, or did Edwards own the hat?
Edwards. James said the hat was his, they both had it in their hands, but I cannot say that Edwards claimed any right to it at all.
John Lester . Edward Edwards said that this Joseph James , and he, and Nathaniel Peartree , were in a hay-loft together, consulting what they should do for victuals; and he said, that he and Peartree and James went out together, and that they broke my father-in-law's shop open, and took twenty one hats out; and that they carried the hats to that Joseph James , and that he put a ladder out at the hay loft window, for them to come in to him, and they hid them till it was time for them to carry them to pawn; then a Constable was charged with them, till they went in search of Peartree .
William Rugley . I was sent for on Monday morning about eight o' clock to Mr. Edwards's, to take charge of James and Edwards; and it was said, if I would go to one Jones's in Long Lane I might find some. I found ten in Three Fox Court, and I found the others in a hay-loft, and Peartree was found in Smithfield.
They were all acquitted of the burglary; Peartree was acquitted of the felony , and James and Edwards were found guilty of the felony, each 39 s .
336. Thomas Knock , of St. Leonard, Shoreditch , was indicted for stealing 36 pair of women's shoes, val. 20 s. three pair of men's shoes, val. 5 s. 8 z pieces of leather, val. 4 s. 24 pieces of leather, val. 5 s. two pair of pumps, val. 4 s. and one pair of clogs. val. 1 s. the goods of Robert Parker , August 23 d .
Robert Parker . I was sent for to one Betty Withers on the behalf of a servant, and in her trunk was this pair of pumps, which are mine. Betty Withers came next morning and brought them: I suspected the Prisoner, and went on Sunday the 24th of August in search of him, and found him at his mother's. He had given away my goods for years together. This dozen of soles I found at William King 's at Newington; this sack of leather was left with an old gentleman, who told me, the Prisoner left it with him, and when I came to open it, I found every individual to be my property. The Prisoner according to his own information had taken one, two, three, or four pair of shoes a week, and he owned, that a great many of his master's goods were at one William King 's at Newington, and several of them were found there; this King has absconded ever since. The Prisoner has lived with me six years, and if he had lived with me another year, he might have ruined me. Guilty .
337. + Thomas Morgan , of St. Martin's in the Fields , in the county of Middlesex, pipemaker , was indicted, for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 20th day of August, in the 19th year of his Majesty's reign, with force and arms, at the said parish, in the said county, in and upon Elizabeth his wife, in the peace of God, and our said Lord the King, then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault, and that he the said Thomas Morgan with a certain knife of the value of 2 d. which he the said Thomas then and there had and held in his right hand, in and upon the head, breasts and sides, of her the said Elizabeth, then and there feloniously, wilfully and of his malice aforethought, did strike and stab, giving to her the said Elizabeth, in and upon the head, breasts and sides, several mortal wounds, of which mortal wounds the said Elizabeth, at the said parish in the said county, instantly died. And that he, the said Thomas Morgan , her the said Elizabeth his wife , feloniously, wilfully, and of his malice aforethought, did kill and murder, against his Majesty's peace, his crown and dignity .
He was a second time charged by virtue of the coroner's inquisition, for the wilful murder of the said Elizabeth his wife.
Q. Are you any relation to the Prisoner?
Morgan. None at all. I was burning some pipes for him at his house in Bedford Bury, by Covent Garden . (I know they have had quarrels concerning jealousy.) She washed in the morning, and he went out with some pipes. He came home about 4 or 5 o'clock, and says to her, Bet, this is the best half guinea I ever laid out in my life, for I have been to ask counsel (for she had bound him over for assaulting her) and I am not afraid that you can hurt me or my bail; for he was bailed out of the Gatehouse , and that bred a sort of a quarrel between them, and he took all the wet linen that was in the washing tub, and bundled them up in a bundle, and would not let her have them; so they quarrelled for a considerable time. There were three women of our trade came to the Prisoner's house in the evening, and the Prisoner and his wife were pretty sociable, and he sent for me to drink with them. About 11 o' clock after the company was gone, I was in the stoke hole, and they were standing looking at me; As they were standing looking at me, he said, Bet, let me have a buss, and make all up, for said he, it is a sad thing we should be always quarrelling and differing; and, asJohn Hartley ; (that is the man he was jealous of) Then she made answer, I will not be confined from that, for he is the only person I choose to work for me, and if I cannot be allowed that I will not agree to it. Then he fell a dancing and capering, and said, then it is all off if you will employ him, and fell a singing directly. After that they had some punch, he went out and ordered it. They said there was 18 d. worth, and he drank to me in the stoke hole, and they had no words after that. Said he, Morgan, I have got some pipes that were burnt slack before, and I would have these burnt harder; and he brought me 4 pieces of a coach wheel to burn them harder. Then he came and said, come up and drink your punch, and he stoked down for me, for he said, you are quite hot. I said, I am quite wearied out, I will go to bed. He said, I will stay a little longer, for I love my fire to be out before I go to bed; but I being quite tired went to bed.
Q. Pray did you hear when it was that the woman was murdered?
Morgan. No, I lay in the garret, I went and left him singing; for I was a little in liquor.
Q. What time did you go to bed?
Morgan. About twelve o'clock, and lay till between eight and nine the next morning. When I got up I came down stairs, and he complained for want of pipes to serve his customers. I went to open this kiln of pipes to let them cool, and in the mean time the woman at the Cock and Bottle came over and said our bing is full of foul pipes and will not hold any more. I said I will go and take them away; and there being some company, I staid about an hour, and I said it is a strange thing they should not get up.
Q. Did you see your master in the morning?
Morgan. No, I never saw him after I left off burning.
Q. You say your master told you he wanted pipes for his customers, when was that, over night, or in the morning?
Morgan. It was over night.
Q. What time did you go out in the morning?
Morgan. I believe it was about nine o'clock, and I staid there till between two and three o' clock expecting their coming down. Then I bored a hole in the wall of their chamber and looked through, and saw no sheet upon the bed. I bored another hole, which directed me to the middle of the room, and then I saw a puddle of blood in the middle of the room. Seeing that, I pushed the door a little to look farther in, and I saw two naked legs lying on the floor on the farther side of the bed. I run down stairs to this gentlewoman [Mrs. Moody] and said, for God's sake come up, there is murder in the house, for Morgan has killed himself; she went up and looked upon her as she lay, and thought that he was murdered.
Q. Was the body naked?
Morgan. Yes; the body was naked.
Q. Did she lay at the side of the bed, or under the bed?
Morgan. At the side of the bed.
Q. What reason had you to think it was him that was murdered?
Morgan. I judged it to be him because there was no cap on; and I thought he had made away with himself. Then several women came up stairs. What do you talk, said they, of his being murdered? it is she that is murdered. And they said to somebody, do you go down and take care of the doors, and call some of the neighbours, and when some of the substantial neighbours came, I was secured, and sent to the Gatehouse.
Q. What room did you find the deceased in?
Q. Where is the shop?
Morgan. It is up one pair of stairs.
Q. You say you was a little in liquor, and you went to bed?
Morgan. Yes, I was a little in liquor, and that was the reason I went to bed so soon.
Q. Pray did you see in what condition the body was?
Morgan. I saw the body, but I did not see any wound upon it, for I run down stairs to call the neighbours; and I never saw her afterwards.
[The Coroner said there was a matter of 20 wounds on the body, and 3 of them were mortal.]
Q. Did you hear any noise or any strugling during the whole night?
Morgan. I did not hear any.
Mary Ann Moody . On Tuesday about 3 o' clock in the afternoon, this man [the evidence] came to me, and said, that he was frightened. I said, what have you seen? He said, he had looked through the key hole, and had seen some blood in the room. So I went to call some of the neighbours.
Q. What time was this?
Moody. It was about three o'clock in the afternoon on the Tuesday.
Q. Where did she lay then?
Moody. She lay on the floor on her right side, with her face towards the bed.
Q. Was she naked?
Moody. Her shift was pulled up to her neck, and she was bare headed.
Q. Had she any wounds upon her body that you observed?
Moody. Yes, I observed several.
Q. Can you give any account where the wounds were?
Moody. I believe she had three on the side of her belly, six along her throat, and she had a great many behind her ear.
Q. Had she any other wounds?
Moody. Yes; but I did not take any particular notice of them.
Q. Did you hear any noise in the night?
Moody. Yes; I am sure I heard her cry out murder .
Q. Did she do it more than once?
Q. What time was that?
Moody. The watch called two o'clock, and a quarter before that she was crying something about justice.
Q. Could you hear every thing that was said or done in the house?
Moody. Pretty well.
Q. What did you hear further?
Moody. I heard a sort of a groaning.
Q. Was you pretty conversant with them?
Moody. I was very often with them.
Q. Did they agree well, or how did they live?
Moody. They were always falling out, and she crying murder.
Prisoner. That woman knows no more of me than the farthest woman in this court. Did you ever know any neighbour that could give me an ill word about abusing my wife?
Moody. All the people in the Bury will say the same as I say.
Prisoner. If I could handle my pen, I could take minutes of this, and be able to consute her.
Q. As you are a surgeon, I desire you would give an account of the wounds?
Ellis. I will give you the best account I can, and I don't doubt but I shall give your Lordship and the Jury satisfaction. I viewed the body and found there had been an attempt to cut her throat, the common teguments and the skin appearing about one inch over the windpipe. There was one wound upon each hand, by which I imagined she had attempted to save herself. Those wounds were on the back of her hands to the bone, as deep as they could be, but about two inches long each. There was a wound under the left ear, and I observed by her defending her throat so well, that the wound by the ear must be given underhanded by a sort of a job, and by my probe I found it to be four inches and an half in depth; and I judged that wound to be given obliquely, and
Q. What were those wounds given by?
Ellis. I suppose by some sharp instrument; upon examining the body I found three punctured wounds, one on the left breast, which must have reached the heart, and a portion of the lungs about two inches deep and half an inch broad; I believe it penetrated into the heart, and touched a portion of the lungs; as near as I could judge by my probe it was about two inches deep: there was another wound much in the same angle below that, of the same breadth; which, upon examining with my probe, I judged to be of the same depth, and I believe touched the lower part of the heart, and penetrated into the heart itself: on the side of the belly I saw another wound much of the same breadth, into which I introduced my probe, which is about five inches and an half long, up to the head of it, but that lower wound I do not take to be mortal, though it was so deep, for it went superficially and sideways, but I do not think the intestines were wounded, but the other three wounds I apprehend to be mortal; I am sure they are.
Q. Did you observe any other wounds?
Ellis. There were several slighter wounds, but I did not examine them: upon observing the wound at the bottom of the breast, I proposed opening the body several times to the Jury, but they thought it needless, they were so well satisfied. There was a stream of blood that run from the body, which was coagulated: a stream, as if a person had been killing an ox, and must have come from the heart, and was the occasion of her death.
William Walker . (the father of the deceased) On the 17th of July my daughter came to me to make her complaints, tho' I had not seen her for two years before. She told me her grievance with relation to her husband's usage.
Q. Give an account Sir, of what you know of your own knowledge.
Walker. The Prisoner called upon her, and said, Bett, come home, I cannot go on with my business without you; she said, Tom, if I do you will use me as you used to do. On the 30th of July we met at the Cock and Bottle in Bedford Bury, and had some discount about the affairs that used to happen, and he promised he would be better than he had been. This passed till the 9th of August, and then I had a letter from her, wrote by one John Adams , a journeyman, who worked there, begging me to come up, and rectify matters ; acquainting me, that he had struck her upon the breasts in such a manner, that it appeared to be mortal: I came up at her request, and he promised amendment. When I saw her breasts they were as black as any woman's breasts could be; I advised her to go to Sir Thomas Deveil , which she did, and he granted her a warrant, and upon her oath, Sir Thomas sent him to the Gate-house.
Prisoner. Did not she carry 20 l. away, and did not she take a bond of 30 l. that you gave me? She robbed me, and carried my effects away.
Walker. She never brought tho bond , or any effects to me.
Q. How long did you work with him?
Adams. I worked with him about 5 weeks, and during that time they were often quarrelling, scarcely a week passed, but they were quarrelling, two or three times in a week.
Q. Did you ever observe any blows between them?
Adams. Yes, I saw him give her two, one Saturday night, and I persuaded him not to be so rash.
Q. Upon what part of the body?
Adams. About the head. She persuaded me to write a letter to Mr. Walker, to let him know of the blows upon her breasts. I said , Mr. Morgan, I wonder you should abuse your wife so; he said, he was too good for he: I believe the blackness on her breasts was occasioned by a blow; I believe the blackness was as broad as my hand; after this he promised to be easy. I was tired of staying they had so many quarrels; if she could not eat (for she was not well) he was angry with her for that,
Q. What sort of a hammer was it?
Adams. An iron hammer, I believe the head weighed two pounds; and he had a knife in his left hand, but I cannot tell what sort of a knife it was: I do not know but it might be the knife he was eating his dinner with. He said, he had a good mind to hit her with the hammer. I went away from the house, because there were such continual debates.
Daniel Franklin . I am a waterman; on the Wednesday after the murder was committed, the Prisoner came to King's Arms Stairs at Lambeth, and I carried him from thence to Hungerford; he ordered me to come on shore, and said he would give me, a pint of beer, and pay me: when I came on shore, I said to the landlord at the Swan, where is the gentleman that called for a pint of beer? and he said, the Prisoner was gone away; and somebody said, that is the man that murdered his wife. I knew him very well.
Christopher Fisher . On the Tuesday morning the Prisoner came to my shop in Rosemary Lane, and wanted to swap and get a better coat than his own; we could not agree about the price, so he went away, but he came back again, and bought a coat of me.
Alexander Cowan . About 9 o' clock on the Monday night, my wife and the deceased were together; I was standing in my bar, next door but one to the Prisoner's house in Bedford Bury, said I, Mrs. Morgan, how do you do? she said, but very indifferent: she told me, the Prisoner had taken all her linen out of the wash; but that, he asked her first whether she would clear his bail, and she said, I will tell you another time; that he sell a dancing and capering, and she was afraid he would kill her, I never saw her any more after that.
Q. Do you know any thing of the Prisoner's being from or at his habitation, after that time?
Cowan. I never saw him from that time, till I saw him in Oxford Castle. I have a letter from Esquire Lenthal, to let me know, that such a person was secured in the Castle.
Q. How did they live together?
Griffith. They would oftentimes disagree in falling out.
Q. Did they ever proceed to violence and blows?
Griffith. I have seen him beat her in a very unmerciful way.
Q. Did he beat her with any unmerciful weapon?
Griffith. He has struck her with his fist, and said, he would stamp her guts out, and break her back, and the deceased said, she was where she should be killed; and the deceased said twice to me, Mrs. Griffith, if my husband kills me, he will kill you.
Prisoner. As to the last witness, I said, I would not have that woman at my house to live in a scandalous manner; she used to send her child to fellows that kept my wife company. I went one day to Chelsea, and my wife said, bring me a bun; and I said, I will my dear: and when I came home, my wife and she were drunk together. Did not my wife say, Mr. Morgan, that she would go to Hartley, and would go through the world with him, whether he would or no?
Prisoner. I had a quarrel with my wife, but I lay all night with her; I went out that morning about six o' clock, and left her well, and she got up to put my stock on: I did buy a coat of that gentleman, I did not buy it of him, I bought it of another man in his shop; then I went to King's Arms Stairs and took water; I used to employ that man, did not I use to employ you, Franklin?
Prisoner. I said to this man Franklin, go and get a pot of beer, and I will pay you; then I met one Griffin, and we went to the White Ship at Kensington, and then I went to Oxfordshire.
Q. Was not you taken up there?
John Morgan ; and there was another advertisement after Thomas Morgan , and then I was taken up. Guilty Death .
John Winne . I went out of town the 29th of August, and returned the 30th. When I came home my servant, Bishop, acquainted me that his fellow servant had robbed me of four straps. I carried him before a Justice, and he returned me the straps and a bridle with two winkers upon it, which were mine. The bridle was not mine.
Q. What did Harper say when he was charged with it?
Winne. He said they were not mine, and he brought them to me, as he said, to convince me that they were not mine; but they were mine.
Q. How long had the Prisoner lived with you?
Winne. About eight months, and he never wronged me of any thing.
Q. What time did you accuse Harper of taking the winkers?
Winne. When he was before the Justice.
Q. I desire to know whether in all trades people have not particular fashions, and whether it is not usual for other people to imitate them?
Winne. No doubt of it.
Q. Then how do you know these are yours?
[Mr. Winne said to the Prisoner's council (pointing to the brass work upon the winkers) I could answer that, but it will do you more harm than good.]
Q. Did you say any thing to him when he was cutting out the straps, or when he was sewing them together?
Bishop. I did not say any thing to him about it. Here is a crupper and a strap which he brought to my master, (at my master's desire,) to see whether they were his or not.
Q. What, after he was taken up?
Bishop. No, it was before he was taken up; and he told my master this was the breechin he sewed in that day my master was out of town, and he would pay my master for the time he was doing it.
Q. When your master charged him with these, upon your information that they were his, did not he offer to bring them to him?
Bishop. Yes, but not till my master desired him.
Q. Did not he say he would bring them for his master to see whether they were his?
Bishop. Yes, but not till my master desired him.
Q. Did not he say he would bring them for his master to see whether they were his?
Bishop. Yes, he did.
Q. Do you think he would take them with a felonious intent?
Bishop. I had no such opinion of him before this.
Q. Was not there a quarrel subsisting between you and him at the time?
Bishop. No, there was not.
Q. What is his general character?
Bishop. That of a very honest fellow. Acquitted .
339. Sarah Tumber , the wife of Vaughan Tumber , of Christ Church, Spittlefields , was indicted for stealing one pair of sheets; val. 10 s. a serge curtain, val. 5 s. a pair of tongs, val. 6 d. a poker, val. 6 d. a pair of bellows, val. 4 d. a looking glass, val. 2 s. &c. the goods of James Larden , in a lodging let to the said Sarah , August 29
There being a defect in the indictment, the Prisoner was acquitted .
John Wren . On the 30th of August I lost my watch out of my bedchamber. I saw it at 8 o'clock in the morning, and missed it at twelve . The Prisoner was my fellow servant , she went away from her place that day, and did not return any more. I asked my mistress about it , and she said she knew nothing of her going . The 5th of this month she was brought to me , and said, if I would be kind, she would help me to my watch again if she could, and owned she stole it (but at first she denied it, and said, she knew nothing of it.) She carried me to one Ann Atkinson , a quilter, and she confessed that she sold the watch, but did not know that it was stole.
John Rock . When the Prisoner was before the Justice, she owned the taking the watch out of the Prosecutor's room. And Ann Atkinson said that she did sell the watch for a guinea, but did not know it to be stole.
Thomas Trotman . Rebecca Demain said she would help the Prosecutor to his watch again; and Atkinson said to Demain, You vile woman, how can you charge me with a thing that I know nothing of? A woman came in, and said, There is the watch come to light that had the glass broke. Said she, how could you say you had not the watch when you sold it for a guinea, and had four shillings for selling it? then she fell a crying, and said, She had nailed it. Then I said, how can you deny it, when the woman says you sold it? Then Atkinson owned she sold the watch for a guinea, and that Rebecca Demain said, when she gave it to her, that it was her father's.
Demain. I have no body to call. Atkinson acquitted , Demain Guilty .
Benjamin West . I keep a fish shop by the dog Tavern at Garlick hill, and am a salmon porter at Billingsgate , the Prisoner is my servant , I took her out of charity. On the 15th of August I sent home half a bushel of oisters, and thirty shillings worth of half-pence. And when I came home, my wife said the girl was gone; said I, where are the half-pence? She looked for them, and they were gone. The girl absconded, and I heard nothing of her from that time to the 21st of August, and then I found her up at Islington, and she had a great bundle of things with her. Said I, my dear, how could you serve me so? She had some new clothes on. I asked her how she came by them; she said, out of my money. Here are several handkerchiefs she bought out of the money. She is seventeen years of age, her mother and other friends will not appear for her, she is of such a character. Guilty 10 d .
The Prosecutor not appearing, he was acquitted .
Bernard Smith came to me with a warrant to search his house, and I found these two sacks under a sort of a couch in the back room; Mr. Smith was with me at the same time.
Q. What trade is the Prisoner?
Phillips. He is a barber .
James Lane. I am lighterman to Mr. Harris; he had a lighter of corn at his own wharf, at Pickel Herring stairs, there were four sacks filled with oats; these are Mr. Harris's sacks, there were two sacks missing, and I take these to be two of the four.
Q. What was in the sacks?
Lane. They were filled with black oats, and there are black oats in the inside of them now. These two sacks contain eight bushels.
Q. When had you the search warrant?
Phillips. The 30th of August.
Robert Harris. These are my sacks.
Q. Were they filled with oats?
Harris. They were filled with black Devonshire oats; and I believe these oats which are left in them, are part of those oats. On the 19th of August, Mr. Smith was searching for some of his sacks, and he found these sacks of mine.
Q. What were these oats worth?
Harris. They were currently sold at that time for 13 s. a quarter.
- Fellows. I bought a quartern of oats of the Prisoner much about this time, and gave him 10 s. for the quartern, they were old oats. I asked him whether he came by them honestly, he said, he had a great many coasters, who left corn with him to sell.
Prisoner. You bought them of me for 10 s. it is true, and I gave 10 s. for them to the man's servant; you had them at the same price that I had them.
Q. Can you prove this?
Haynes. The gentleman [Mr. Smith] said, he would bring his servant here, to know whether I knew him.
Smith. I have not.
Prisoner. Mr. Smith's man brought them to me, and sold them to me; I bought them of his man, they call him Bob, and Mr. Smith said, he would bring his servant to confront me.
Q. Did the Prisoner say so first?
Smith. Yes, he did; he said, he bought them of my man Bob, but I had no such servant; I asked him whether I should bring that servant, and he said, there was no occasion for it.
Q. Could your man come at Mr. Harris's oats?
Smith. No, he could not.
Phillips. I found more sacks in his house of other people's.
- Norton. I have known the Prisoner about a year and an half; I have not known much of him, but I never heard any thing against him besides this; he always was an honest, industrious man as can be.
Smith. Let him say what he will, he is as honest a lad as can be; I can trust him with untold gold. Guilty .
He was not tried upon this indictment.
Richard Moore . I saw the Prisoner with this lock, took him up, and committed him to the Round-house: I suspected him, because I thought such a child could not come honestly by the lock; and when he was in the Roundhouse, and also before the Justice, he confessed that he had it at Mr. Hodges's.
Mr. Hodges's servant proved his master's property in the lock, and that Mr. Moore brought
Prisoner. I met two boys, and they desired me to sell this lock for them; I asked them how they came by it? they said, they found it; said I, I believe you found it before it was lost.
Q. How old are you?
Prisoner. I am about twelve years of age.
There was another little boy about the same age, who was an accomplice with him, and was designed to be an evidence against him, but on account of his being so very young, he was not admitted to give evidence.
346, 347. +. Edward Lloyd , and Deborah Lloyd his wife , were indicted, for that they not having the fear of God before their eyes, nor weighing the duty of their allegiance, but being moved and seduced by the instigation of the devil, and devising and intending our Lord the King and his people, craftily, falsely, deceitfully, feloniously and traiterously to deceive and defraud, on the 15th day of July, in the 19th year of his Majesty's reign , at the parish of St. Andrew's Holborn in the county of Middlesex , twenty four pieces of false, feigned, and counterfeit money and coin, made of copper, pewter, tin, lead, and other base metals, each of the said pieces to the likeness and similitude of a good, lawful and current piece of silver money and coin of this realm, called a shilling, then and there, craftily, falsely, deceitfully, feloniously, and traiterously did make, forge, coin, and counterfeit, against the duty of their allegiance, against his Majesty's peace, his crown, and dignity, and against the form of the statute in such case made and provided .
The Counsel for the King * having opened the nature of the offence, and set forth the many ill consequences that attend this pernicious practice, they proceeded to the proof of the fact, and for that purpose called Joanna Wood : who was an accomplice with the Prisoners.
* The Council for the Crown were Serjeant Hayward and Mr. Benne.
Q. How long have you known the Prisoners?
Wood. About 25 or 26 years.
Q. What have they followed during that time?
Wood. Nothing but what they do now?
Q. What is that?
Q. Have you gone out lately with her?
Wood. The last time was at that gentlewoman's house [Mrs. Lemmon at the Lord Cobham's head in Cold-Bath-Fields.]
Q. What time was that?
Wood. Really I cannot say rightly the day of the month; it was eight weeks ago last Monday, that was the 15th day of July; I have been in New Prison ever since.
Q. When you went to Mrs. Lemmon's house, who went with you?
Q. What did you carry with you?
Wood. I think there were seven of them.
Q. Seven what?
Wood. Seven shillings.
Q. Were they good or bad shillings?
Wood. They were bad shillings?
Q. Did you ever offer any of these bad shillings to Mrs. Lemmon?
Wood . I offered one of them to Mrs. Lemmon at the time I was taken; we had been there that day once before, and Deborah Lloyd put off one; and I did not think it proper for her to offer money twice in one day.
Q. What time of the day was the first time?
Wood. I think it was about six in the evening.
Q. What had you there?
Wood. A pint of ale, for she drinks nothing but ale.
Q. Who did you give the shilling to?
Wood. To a young woman in the bar.
Q. What change had you?
Wood. We had ten pence halfpenny.
Q. So for that bad shilling, you had ten pence halfpenny, and a pint of ale.
Q. How long was it after that, that you offered the other shilling?
Q. What did you call for then?
Wood. A dram of rum, and that came to three half-pence, for she drinks nothing but rum and ale.
Q. What did she do then?
Wood. She laid down the shilling, and the gentlewoman discovered it; (she was in the bar herself then) and would not give us the change. Says Deborah Lloyd , don't go off without the change; if she had not said so, I believe I should have gone off; so I was taken and carried by an officer to New Prison that night.
Q. Do you know where these Shillings were made, and by whom?
Q. How are they made?
Wood. They are made in what they call a stask.
Q. What did they do with the stask?
Wood. The stask is filled with whiting.
Q. Is the whiting wet or dry?
Wood. It is partly wet and partly dry. It is made into a paste, and then put into the flask. This flask opens as a book may do, and has a spout to it. Then they make a sort of an impression upon the paste with a good shilling.
Q. After they have got an impression upon the paste, what do they do with the good shillings?
Wood. They shake them out: they give the flask a knock, and out drop all the good shillings. Then they make a sort of a gutter to let the liquor in; and then they pour the metal into the flask, and when the metal is cold, they turn the bad shillings out.
Q. What do they do then?
Wood. They file them to take the metal off that hangs upon the edges, to make them smooth.
Q. Have you seen this done more than once?
Wood. I cannot tell how often I have seen them do it; but I have seen them do it several times.
Q. Do you remember any particular day when you saw them do this?
Wood. I saw him do it upon last Whitson Monday. And about a fortnight or three weeks before I saw her do it, that was the last time I saw her do it.
Q. How many were made on Whitson Monday?
Wood. There were twenty four of them made then.
Q. You say you took out seven of these shillings, one of which you put off to the bar keeper, and the other Mrs. Lemmon stopped herself; were these some of the same?
Wood. These were some of the same.
Q. What did she do to them?
Wood. She scowered them.
Q. So his business was to cast them, and her business was to make them fit for sale?
Wood. That was just as they agreed.
Q. Were they boiled in any thing?
Q. What were they boiled in?
Wood. They were boiled in allom water.
Q. I suppose you used to make some of them?
Wood. I never did any thing, but only assisted in putting them off.
Q. What did you do afterwards?
Wood. When I was in New-Prison I desired them to make every thing safe, and they came and told me every thing was safe.
Q. What did they do with the materials?
Wood. They used to put them into a close stool, or any other private place.
Q. Did they use to put them into a chair?
Wood. Yes, this is the chair they used to put them into. [There was a two armed chair produced with a false bottom, that let down like a flap.]
On Wednesday night when I saw Mr. North, I thought it better than to lie in goal, to make a confession.
Q. Did you say any thing to Mr. North where the things were?
Wood. I told him they were in a chair with a false bottom; and that there were some drawers with oil and other things.
Q. Pray what other account did you give to Mr. North?
Wood. Sir, I could give no other account.
Q. Was that money that you put off made
Wood. Yes, the same.
Court. She says, That on Whitson Monday she saw you coin 24 shillings.
Prisoner, Deb. Lloyd. She says, she saw me coin some too. These poor hands are not fit for coining. You know how to make them.
Counsel. She does so.
Deb. Lloyd. Did not you lie with my husband all night?
Speaking to her husband, she said, Did not you take her home, and was not she seen in bed with you?
Wood . No, I did not.
Brooks. (constable) About seven weeks ago Mrs. Lemmon sent for me to take charge of a person for putting off bad money.
Q. Who did she charge you with?
Prisoner, Deb. Lloyd. Pray, Madam, did I ever give you a shilling?
Jury. She does not say you did.
Q. to Mrs. Lemmon. Do you remember one or both of these women coming to your house?
Mrs. Lemmon. Yes, very well, I remember both of them; Deb. Lloyd, and the evidence Wood, came to my house, and had a three half-penny glass of rum.
Q. Who drank the rum?
Lemmon. Deb. Lloyd.
Q. Who offered you the shilling?
Q. Did you take this shilling of her?
Lemmon. I threw the shilling down upon the bar, but I did not like the sound of it. So I kept it and stopped her.
Q. Are you sure this is the shill ing she gave you?
Lemmon. I verily believe it is; I cannot swear positively to it; for I gave it several gentlemen there that looked at it, and then I gave it to the constable. It is the shilling I gave the constable; and that very night I found three bad shillings that the young woman at the bar had taken that day.
Prisoner, Deb. Lloyd. I never saw the gentlewoman in my life before, so I don't know how I can ask her any questions.
Lemmon. When I complained that it was a bad shilling, the Prisoner Deb. Lloyd run away.
Mr. John North , Sollicitor to the mint. Upon Joanna Wood 's being taken up, Justice Poulson sent me a letter, upon which I waited on him: When I came there, I saw Mrs. Wood, who I have known a great while, on account of her putting off counterfeit money. As I have known the Prisoners at the bar several years on the same account, I have often desired them to make a discovery of their accomplices, but they never would. Joanna Wood desired to go into another room to talk with me, and she said she was tired of that way of life, that she had been frequently in trouble about it, and was resolved to make a discovery of the affair. Then she said that Mr. Lloyd and Mrs. Lloyd, the Prisoners at the bar, for she [Mrs. Lloyd] went many years by the name of Moody, both of them coined; and that if I went to their lodging at a barber's shop in Purpool Lane , I should certainly meet with them, and I went there accordingly.
Deb. Lloyd. And what did you find there?
North. I went there the next day, but Mrs. Wood said she believed I should not find any thing, for she had given them a caution to put them out of the way. But she said if I found any thing it would be in a chair with a false bottom. I went there with two men, one of which was a constable: It was some time before I found out the chair with the false bottom; but at last I found that this false bottom let down with a sort of a hinge; but there was nothing to be found there. I searched the other parts of the room, and found nothing; butDeborah Lloyd said you may look as long as you will, there are no forty pounds to be found here. Then I went to Justice Poulson's, and Deborah fell in a passion, and said to the evidence Wood, What! have you served me so? you have got the start of me now. And Deborah asked me whether Wood had informed against her son and daughter for making of money; I said, no; then, she said, I will. She said to me, Mr. North, you have often desired me to make a discovery of the persons-concerned with me in coining, which I have always refused to do. When she said the evidence had got the start of her, why, said I, has she got the start of you, did you ever see Mrs. Wood make money? Yes, said she, I have.
Court. Did you ever see Wood make money?
Deb. Lloyd. Yes, I have.
Q. Did you ask her any questions with respect to the metal they made this money of?
North. Yes, she said that Edward Lloyd told her where he used to buy it. I went to the shop to make an enquiry into the affair; but the person who used to serve him is here himself, and can give your Lordship an account of what he knows of the matter.
Deborah Lloyd . All the questions I would ask Mr. North is, (for he said I slew in a passion, and asked whether Joanna Wood had put her son and daughter into the information, for they have coined money, and she learned them to do it) whether I did not bid him go to the evidence's son in law's, and make a search? I told you if you searched there, you would find something, did not I?
North. Yes, you did so.
Thomas Foot , constable . I was desired by Mr. North to go to the Prisoner's house to take them up. I saw this chair there, and there was a great quantity of little parcels of things. And here is a file, two marking irons, and a spoon.
Lloyd . These marking irons are to mark the spoons with.
The witness. Yes, very well.
Lloyd. What are you, master or servant?
Witness. I am a servant.
Lloyd. What have you known me eleven years, and say I have bought metal of you for that time? I never bought any such thing in my life.
Prisoner Edward Lloyd . Here is but one single witness against us, (and the laws of England require two) and that is Joanna Wood , and she is no witness at all, for the laws of England say, that no single person shall be an evidence against another, unless their character be as clear as the sun; and she is as dark as ever she can be; she is as spotted as ever she can be; a rainy night cannot be darker. No person, especially one so dark as she, ought to be admitted to take another person's life away. There was nothing found in my room relating to coining. And as for the chair I gave 14 d. for it in Moorfields, as it is, Gentlemen, I hope that as there is but one single evidence against us, and one so black as she is, that you will have no regard to her. When you went to your son and daughter's, how could you get money to support yourself without putting off the money? don't saint now, but speak the truth; what day was it you ever saw me do such a thing, as you have been now speaking of, though I can hardly hear you?
Wood. It was on Whitson Monday.
Edward Lloyd. She did frequently ask me to marry her, but I said I could not do that, for I had a wife already. She said, what signifies that, it is only burning in the hand.
Ward. I never heard her say any thing, but that she was sorry for the old people, and was afraid it would go hard with them. Guilty Death .
John Emptage , was indicted for stealing a mahogany tea chest, with three canisters belonging to the same, val. 4 s. the property of Nath. Marsh , Aug. 7 .
Mr. Marsh said he missed a tea chest out of his shop, but could not swear it was his property, because he bought it ready made.
The Prosecutor's maid servant said she saw the Prisoner take the tea chest out of the shop, and go away with it.
Joseph Cashier deposed that Mr. Marsh's maid cried out, Mr. Cashier, a thief, and he saw the Prisoner run along, that another man offered to stop him, and the Prisoner said if he stopped him, he would swear a robbery against him; so the man did not stop him. But he was pursued and taken. He proved it to be Mr. Marsh's property. Guilty .
349. Mary Lawrett , of St. Luke's , was indicted for stealing one pillow and pillow case, val. 18 d. a sheet, val. 2 s. a shift, val. 6 d. five childrens shirts, val. 2 s. and two waistcoats, val. 1 s. the goods of John Dingey , August 19 .
John Dingey . I am a blind man , and my wife is blind too; we live upon the charity of good people. The Prisoner was a lodger in the house, as well as I. On the 19th of August my wife and I went out, I took the key of the street door in my pocket, and when I returned I let myself in, my wife undressed the child, and felt for the pillow. Said she, John Dingey , where is the pillow? said I, there it is, where do you think it is, you fool. She went to turn the sheet down and that was gone. She went to the drawer where the child's things were, and they were gone. Said she, I am ruined, the child has not a shirt to wear. I went up to the Prisoner's room. but she was not at home, and did not come home that night. When she came home the next day, she was informed that I designed to prosecute her; and she told the neighbours I might kiss her a - e. She said, to me, neighbour, how do you do? I said, never the better for you. I went to take her to a constable, but she led me there, and I charged her with robbing me. She said she knew nothing of the things, and when I had done with her, she would begin with me.
The Constable deposed, That when the blind man brought the Prisoner to his house, he charged her with stealing the shift; she said, she had not had one on for a week, and pulled her gown on one side, to shew that she had never a one on; that he said, what do you design to do with her? the blind man said, he would charge her with robbing him; and when she was before the Justice, he turned her apron aside, and there was the shift. Guilty .
350, 351. James Parker , labourer , and Ann Parker , widow , were indicted for stealing a bell metal pot, value 8 s. a stew pan, value 3 s. &c. the goods of Robert Radwell , in their lodging , Aug. 16th .
Margaret Lumley . The Prisoner came into my house, at the Green Dragon in Long Lane , and asked if there was not a young man and a young woman waiting for her? and I said, no; I was half an hour with the Prisoner in the kitchen, I turned my back to get something, and missed her; I looked out at the street door, and could see nothing of her; the next morning, my servant looked for the tea-kettle, and it was missing. There came one Fennel into the house, whose wife keeps a broker's shop, and hearing we had lost a tea-kettle, he said, such a tea-kettle was offered to his wife the night before to be sold, with about a pint and a half of boiling water in it. The Prisoner came into the house some time afterwards, and I asked her, if she wanted to steal another tea-kettel;
Rebecca Siddall . I am servant to Mrs. Lumley; I saw the Prisoner in the house the 2 d of this month; the tea-kettle was on a trivet upon the fire, when the Prisoner was there, and the next morning I missed it.
Prisoner. The Prosecutrix said, if I would tell her where the kettle was, she would forgive me.
Lumley. I did say so before I charged the Constable with you; but you did not confess it till after you was in the Compter. Guilty 10 d .
Q. Where did you lose it from?
Q. Where did you find it?
Clare. At the Greyhound Inn in Smithfield the same day; I asked the hostler how he came by him? and he said, the young man [the Prisoner] brought him there.
Counc. You have known the Prisoner some time, han't you?
Clare. Yes, I have.
Q. Then I would ask you whether he does not bear a very fair character?
Clare. He bears as good a character as any man in the world.
Q. Have you any other evidence?
Jury. Have you your horse again?
Q. How came you by the horse again?
Clare. I had him of the landlord of the Inn.
Q. Who took the Prisoner up?
Clare. I did not order him to be taken up. Acquitted .
354. + Robert Scruton *, late of London, yeoman , was indicted for that, whereas on the 24th day of May, in the eighteenth year of his Majesty's reign , at London, to wit, in the parish of St. Christopher's, in the ward ofWilliam Sawbridge , Henry Sawbridge , and William Greg Barnston , were possessed of and entitled unto a certain bill, commonly called a Sola bill of Exchange to the value of 20 l. subscribed with the name, Elias Simes , on the behalf of the governor and company of the bank of England, bearing date, London, the 20th day of April, 1745. marked Bank post bill N. E. 4192 by which same bill, the said Elias Simes for the governor and company aforesaid, at seven days sight, did promise to pay that his Sola bill of Exchange to Mr. Robert Farmer or order 20 l. Sterling, value received of himself, which said bill was then accepted by William Greenough , an officer and servant of the said governor and company, the acceptance whereof was then signed under the hand of the said William Greenough .And whereas the said William Sawbridge , Henry Sawbridge , and William Greg Barnston afterwards, to wit, on the said 24th day of May, in the year aforesaid, at London aforesaid, to wit, in the parish and ward aforesaid, did lodge and deposite, and cause to be lodged and deposited with the said governor and company of the bank of England, the said bill abovementioned, then being the property of the said William Sawbridge , Henry Sawbridge , and William Greg Barnston , and of the value of 20 l. and that he the said Robert Scruton , late of London aforesaid, yeoman, afterwards, to wit, on the 30th day of May in the 18th year aforesaid, with force and arms at London, to wit, in the parish and ward aforesaid; then and there being an officer and servant of the said governor and company , and then and there having the said bill so lodged and deposited as aforesaid, in his the said Robert Scruton 's custody, as such officer and servant as aforesaid, then and there, being the property of the said William Sawbridge , Henry Sawbridge , and William Greg Barnston , of the value of 20 l. as is aforesaid, did then and there feloniously imbezzle the said bill, 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.
* This prosecution was founded upon a clause, in an act of parliament made in the 15th year of his present Majesty's reign, entitled, An act for establishing an agreement with the Government and Company of the Bank of England, for advancing the sum of one million six hundred thousand pounds, towards the supply for the service of the year 1742.Whereby it is enacted, '' That if any officer or servant of the said company, being entrusted with any note, bill, dividend warrant, bond, deed, or any security, money, or other '' effects, belonging to the said company, or having any bill, dividend warrant, bond, deed, or any security, or effects, of any other person, or persons, lodged or deposited with the said company, or with him, as an officer or servant of the said company, shall secrete imbezale, or run away with any such note, bill, dividend, warrant, bond, deed, security, money, or effects, or any part of them, every officer or servant so offending, and being thereof convicted in due form of law, shall be deemed guilty of felony, and shall suffer death without benefit of clergy.
It is also farther enacted, in the said act, That if any person or persons shall forge, counterseit, or alter any Bank note, Bank bill of Exchange, dividend warrant, or any bond or obligation under the common seal of the said company, or any endorsement thereon, or shall ' offer or dispose of, or put away any such forged, counterfeit, or altered note, bill, dividend ' warrant, bond, or obligation, or the endorsement thereon, or demand the money therein ' contained, or pretended to be due thereon, or any part thereof, of the said company, or any ' their officers or servants, knowing such note, bill, dividend warrant, bond or obligation, or the endorsement thereon, to be forged, counterfeited, or altered with an intent to defraud the said company, or their successors, or any other person or persons whatsoever; every person or persons so offending, and being thereon convicted in due form of law, shall be deemed guilty ' of felony, and shall suffer death as a felon without benefit of clergy.
2d. Count. He was likewise charged in the same indictment, in the same manner as before mentioned, with feloniously imbezzling the said bill, but with this distinction, that it was laid to be the property of the governor and company of the bank of England, against the form of the statute, &c .
3d. Count. He was further charged on the day and year aforesaid, for feloniously imbezzling the sum of twenty pounds, which is laid to be the property of the governor and company of the bank of England .
4th. Count. He was also charged, that he on the 30th day of May, in the eighteenth year of his Majesty's reign , with force and arms, at London aforesaid, in the parish and ward aforesaid, did feloniously, in a certain dwelling house, wherein John Harvey and divers other persons to the jurors as yet unknown, did then and there dwell, and inhabit there situate, steal, take, and carry away a certain bill, commonly called a sola bill of exchange of the value of 20 l. subscribed with the name Elias Simes , on the behalf of the governor and company of the Bank of England, bearing date London, April 20, 1745. marked Bank post bill, N. E. 4192, &c. as before mentioned. Which said bill at the time of committing the felony aforesaid was of the value of 20 l. and was the property of William Sawbridge , HenryWilliam Greg Barnston , and the sum of 20 l. payable and secured upon she said bill, was then due and unsatisfied to the above named proprietors, against the form of the statute, &c.
The council for the King * having opened the indictment, and set forth the nature of the offence, they proceeded to examine their witnesses.
Q. Did you accept this bill?
Greenough. Yes, I accepted it the 24th of May.
Q. Had you authority To to do?
[The bill was read.]
Accepted May 24, 1745.
Q. Who did you pay this bill to?
Farmer. To Mr. Tenpenny.
Q. to Mr. Tenpenny. Is this your hand-writing?
Tenpenny. Yes, and I endorsed it to Viner Small .
Viner Small. This is my hand-writing; I endorsed to it Joseph Freeman.
Q. What time did you receive this bill?
Blackmore. I received it the 24th of May last.
Q. Who was it delivered to you by?
Blackmore. By Mr. Sawbridge's servant. I believe for him and company.
Q. What office are you in ?
Blackmore. I am in the bill office .
Q. Did you make any short entry of it when you received it?
Q. What book is that?
Blackmore. This is Mr. Sawbridges's book, I entered it here. May the 24th 1745. Bank bill due the 31st. 20 l.
Q. When the bill is not due, is it your method to enter it short first; and when it becomes is due to enter it as cash?
Blackmore. Yes, when it is not due we put it into one of the columns of the party's book who keeps cash with us; and when it becomes due it is entered into another column as cash.
Q. What do you do with the bill then?
Blackmore. We put a number to it that we may know it again.
Q. What is the number of this bill?
Blackmore. It is Z 199.
Q. Are you an officer in the Bank ?
Q. Was the Prisoner one?
Q. What do you do with the bill after that?
Blackmore. It is put into a particular drawer that is kept for these bills.
Q. Did you deposit this bill into that drawer upon the account of the Bank?
Blackmore. I cannot say that, for sometimes I am not the last in the office, and the last person in the office generally does that. I put it into a drawer in order to be put into the other drawer.
Q. Had the Prisoner a key to that drawer?
Q. Have you all keys to it?
Q. How long was it before you heard any thing of this being missing?
Blackmore. About a week or ten days I believe.
Blackmore. No, Sir.
Greenough. I know it very well.
Q. Did the Prisoner ever produce that bill to you?
Q. Tell what happened upon that occasion?
Greenough. On the 30th of May the Prisoner delivered that bill into my hand. When he delivered the bill to me, I said, Mr. Scruton , this bill is not due. He said it is a customary thing among us to oblige one another to pay a bill before it is due, if we want cash. He said he received it from a friend, and that his friend was going out of town. I knew it was a customary thing, and then I looked to see if it was regularly endorsed. I found it was not endorsed by his friend, so I desired he would order his friend to endorse it; he said his friend was gone to the tavern to drink a glass of wine, and he would endorse it for him; so I said he might witness the bill for him.
Q. What are the words he wrote upon the bill?
Greenough. Witness R. Scruton.
Q. Did you see him write it?
Greenough. He turned his back to me and wrote it. I cannot say I saw him write it.
Q. Look at it, is that Scruton's hand-writing?
Greenough. This I take to be Scruton's hand-writing.
Q. Are not there some words wrote over Mr. Sheppard's name?
Greenough. Yes, the words are received the contents.
Q. Do you believe that to be the Prisoner's hand-writing?
Greenough . I do believe it to be so .
Q. What did you do then?
Greenough. I cancelled the bill, and gave him a ticket to receive the money.
Q. Did you know it was Mr. Sawbridge's bill?
Greenough. No, I did not.
Q. What is that paper in your hand?
Q. Do you know who you paid it to?
Burchall. No, I do not.
Q. Then you don't know who you paid it to?
Burchall. I don't know who I paid it to.
Q. Then that is a warrant for you paying the money, is it?
Burchall. This is a warrant to me for the payment of 20 l.
Q. Does any body live in this house in the Bank?
Q. Does Harvey live there?
Burchall. He did live there on the 30th of May.
Q. Do you know Mr. Scruton the Prisoner at the bar?
Collyer. Yes, very well.
Q. Mr. Collyer, you applied to him, and told him there was a Bank Sola bill that was missing, did not you?
Collyer. I did so.
Q. What time was that?
Collyer. I can't tell exactly, but I believe it was between the 15th and 20th of June last; I was informed by one of my brother officers that there was a suspicion of indirect practices in the Prisoner, and I found 20 l. missing in a person's account. I told him of it, and said it was his business to place it to account, or he would suffer by it; he said he had a friend who was out of town, but he would be in town in two or three days, and then he would replace it, but that person never came.
Q. What did he say in excuse of himself?
Collyer. He said he had made a mistake in that bill.
Q. Did not he say that his friend was out of town, and would be in town in two or three days, and when he came to town he would bring the money and place it to the proper account?
Q. He might have gone off, could not he?
Collyer. He might have gone off indeed.
Q. Could not he have gone off with two thousand pounds of the Bank's, if he would?
Q. Could not he have gone off with a thousand pounds?
Collyer. I believe not.
Q. Could he have gone off with five hundred?
Collyer. I believe he might have gone off with five hundred pounds.
Q. Do you think, if he had had a mind he might have wronged the Bank of more?
Collyer. Yes, to be sure, in that time he might have had an opportunity of doing more mischief.
Q. Did he ever tender the money to you?
Q. Should you have received the money of him before this transaction?
Collyer. Yes, to be sure I should, not knowing of any fraud.
Q. What security did he give?
Collyer. He gave a thousand pounds security.
Q. As you are an officer of the Bank, would you have compounded this fraud?
Collyer. No, indeed I would not.
Q. Then you did not take it to be a fraud?
Collyer. No indeed, I did not.
Q. Did not you think he was an honest man?
Collyer. I always look upon a man to be honest, till he proves a rogue.
Q. I would ask you, whether a person may not take out a bill, and make use of it upon occasion?
Collyer. No, Sir, I have not known it done these 36 years.
Q. If a man of substance was to make use of a note of 20 l. should you take him to be a felon?
Collyer. That I must leave to the Directors of the Bank.
Q. Before this thing, did you think he would have committed a felony?
Collyer. I cannot tell what to say to that, for it is impossible to find a man guilty of a thing, 'till the fact is proved upon him.
Q. Should you reckon that a person who makes a mistake ought to be deemed a felon?
Collyer. I cannot see how that can well be.
Q. to Sawbridge. Will you tell us how you came to find out, that you had not credit given you for it by the Bank.
Sawbridge. I had credit given me for it by the Bank.
Q. to Collyer. How long was it before you found it out that the note was missing?
Collyer. It was full a fortnight after he had received the money.
Q. Did the Prisoner deny that he had the twenty pounds?
Collyer. No, he said he had it, and that he would make it good.
[Mr. Collyer said, the Prisoner had a good character before this.]
The Council on each side having gone through the examination of the witnesses, the Council for the Prisoner insisted on a point of law, relating to the meaning and construction of the word imbezzle, and that the Prisoner did not come within the intent and meaning of the act of parliament; which being fully argued on each side, it was the opinion of the Court that the Prisoner was within the intent and meaning of the said act.
The Jury found the Prisoner guilty of the indictment. Death .
355. + James Owen . of St. Martin's in the Fields , was indicted for that he on the 27th of August in the 19th year , &c. did make, forge, and counterfeit, and caused to be made forged, and counterfeited, a certain letter, for the payment of the sum of six pounds, signed Carneby Haggerstown , and directed to Mr. Robert Keating , Coler Merchant, living in Long Acre .
There being a defect in the indictment, the Prisoner was acquitted without entering into the merits of the cause.
Phillis King , and Jane Carnes , were indicted for stealing two pewter plates, and an iron candlestick , the goods of Sheffield Fox , Aug. 6th . Acquitted .
359. + William Norman , was indicted (together with Joseph Field . William Bumysly and others) for assaulting Thomas Pestell on the King's highway, putting him in fear, and taking from him a gold watch, value 12 l, a gold chain, val. 30 s. and two Cornelian seals set in gold, val. 10 s. his property, Sep. 22 d .
William Harper the accomplice deposed, that the Prisoner and himself with Joseph Field and others [mentioned on Dec. Sessions Paper page 44] went out on the 22 d of Sep. at night, and got seven watches, but he did not know Mr. Pestell.
Mr. Pestell being called and not appearing the Prisoner was acquitted .
Mr. Vanham not appearing he was also acquitted of this indictment.
360. Catharine Brady , of St. Martin's in the Fields , was indicted for stealing a bed-gown and a pair of stockings , the goods of Margaret Adcock , Aug. 4th , the Prosecutor not appearing, the Prisoner was acquitted .
361. Eleanor Mcgrah otherwise Murray . of St. Andrew's Holborn , was indicted for stealing a gown, a petticoat, and several other things the property of Eliz. Tallent , Aug. 21st . No Prosecutor appearing the Prisoner was acquitted .
363. + Henrietta Greb , of St. Giles in the Fields was indicted for stealing several gowns, and other wearing apparel, to the value of six pounds and upwards and eleven shillings in money, the property of Mary Keeling , in the dwelling house of Mary Mackanelly , July 13th .
The Prosecutor not appearing, she was acquitted, and the Court ordered her recognizance to be estreated .
The following persons who received sentence of death last sessions, were executed on Friday the 26th of July, viz.
for a street robbery.
The Trials being ended, the Court proceeded to give judgment as follows.
Received Sentence of Death, 9.
Cath. Evans 299.
Mary Green 330.
Transportation for 14 years, 1.
Transportation for 7 years 21
Magy Doe 352.
Susannah Hall 316.
Rich. Westfield 312.
The following persons who received sentence of death last sessions, were executed on Friday the 26th of July, viz.
for a street robbery.