Held at Justice-Hall in the Old Baily, On WEDNESDAY the 4th, THURSDAY the 5th, and FRIDAY the 6th of December.
In the 19th Year of his MAJESTY's Reign.
BEING THE First SESSIONS in the MAYORALTY OF THE
Printed, and sold by C. NUTT, at the Royal-Exchange. 1745.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Honourable Sir RICHARD HOARE , Knt. Lord Mayor of the City of London, the Right Hon. the Lord Chief Justice WILLES, Mr. Justice WRIGHT, Mr. Justice ABNEY, Mr. Baron CLARKE , Sir SIMON URLING , 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.
Thomas Mears . He was my Apprentice , and is about 15 Years of Age. On the 25th of November he run away: My Wife said that he had robb'd me: I went up Stairs to look into the Drawers, and miss'd the Money and Goods. There were 13 Guineas and a half, a 36 Shilling Piece, five Half Crowns, a Punch-Ladle, six Silver Spoons, eight Razors and two Wigs, My Man went in Pursuit of him. About 11 or 12 o'Clock at Night he (the Prisoner) came to my Door, and seem'd to be sorry for what he had done; I had almost all my Money and Goods again: The Constable took them from him, and I saw none of my Goods in his Possession: They were all taken from him before I came Home, which was a little after 12, and I had no Conversation with him afterwards that Night.
Q. In what Part of the House was your Money?
Q. Were your Drawers broke open?
William Browne . I am a Constable of Trinity in the Minories, and I was out to search for this Boy three or four Hours, and could find nothing of him. We shut up the Gate of our Parish, and I told the Watchmen, if any such Boy was seen by them, to lay hold on him; for this Boy had been seen by one of the Watchmen. I laid hold on him, and found upon him six Silver Spoons, this Punch Ladle, a Portugal 36 Shilling Piece and the Guineas and half Guinea, two Perriwigs and seven or eight Razors, which I gave to Mr. Mears before he came Home. He (the Prisoner) was ask'd how he came by these Things, and he said he took them out of the Drawers.
Prisoner. He had nothing to say in his own Defence. Guilty .
James Hawkins . At the Queen's-Head near Whitechapel Church . The Prisoner wanted a Lodging, and desir'd to lie at my House, even if it were with my Soldier . He call'd for a Pint of Hot-Pot. I told him that the Soldier was upon Duty,
Q. What is the Value of the Handkerchief?
Prisoner. When I was search'd by the Prosecutor, he had my Hat in his Hand a Quarter of an Hour.
James Jasper . I am a Carpenter: I work'd for him (the Prosecutor) and I came about a Quarter before Five o'Clock, and knock'd him up; and I went backwards and found the Till open, and ask'd him, how it came to be so? He desir'd me to stay a little, and we search'd the Prisoner, and found nothing upon him then; but the Handkerchief was found afterwards in the Crown of the Hat-Lining.
Elizabeth Perfect . My Lord, I live at Mr. Hawkin's. This Man (the Prisoner) came up to go to his Bed, and came into my Room, which surpriz'd me very much; and after he went out of my Room, he walk'd up and down Stairs, with a Light in his Hand, bare Foot; and the next Morning I heard that Mr. Hawkins was robb'd.
Prisoner. The Woman tells wrong; I did not go out of my Room, nor walk bare Foot.
Prisoner. I know no more of that Handkerchief than the Child unborn. When I came down I was search'd; and my Hat was search'd; and when they came before the Justice, they took off my Hat, and the Handkerchief was found, as said; but how it came there, I know no more than the Child unborn. I have no Witness here; the Regiment is march'd down to Scotland. Guilty .
Elizabeth Matthews . The Prisoner at the Bar was my Footman . I had a Draught of 50 l. upon Mr. Neal, my Son-in-Law, and I sent the Prisoner with the Draught to Mr. Martin's, the Banker, ordering him to bring me two 20 l. Bank Notes and 10 l. in Money; and accordingly he brought me back the two Bank Notes and ten Pounds in Cash for the Draught. I was not very well. I was at Mr. Neal's House in Million-Bank, and he brought me the Notes up into my Daughter's Chamber: I put them into my Purse, and the Purse into my Pocket. When I came Home I lock'd them up in my Buroe, in my own Bed-Chamber. This was over-Night; and the next Morning the Prisoner came up to know my Orders, and I had Occasion to send him to the Toy-Shop: He came close to my Dressing-Table to have his Order; I got up and went to my Buroe to take my Purse and give him the Studs that were in it; I turn'd my Purse inside-out upon the Table, Money and Notes -
Q. Did you see the Note at that Time?
Elizabeth Matthews . Yes, my Lord. I did this to find the two Studs that were at the Bottom of the Purse. After this, I put the Money again into the Purse, and going to put the Notes in, said I, Here is but one Bank Note; the other Note was gone. Look, Madam, said he, is it not upon the Ground? Well, we search'd diligently, but it could not be found. I look'd, and said it was not on the Ground. I did not charge him with taking it, nor mistrust him, as he had liv'd with me between two and three Years. I sent him into the City to Mr. Neale's, to know whether it did not slip out of my Hand in putting them into my Purse; but there was none found there. After this he (Mr. Neal) went with me to the Bank, to stop the Payment of the Note: The Prisoner also went there with me. Then I thought no more of it.
Ebenezer Blackwell . This was a Draught for 50 l. upon Mr. Neal. The Bearer of it was one John Mason , who brought it from Mrs. Matthews, and he had in exchange two Bank Notes of 20 l. each, and 10 l. in Money. And this Bank Note does exactly correspond with the Bank Note then given; for we enter the Number, Date and Sum of every Note coming in or going out. This Note being stolen, was brought to me: I examin'd it by our Books, and found it correspond with the Number, Date and Sum of the Entry thereof paid unto Mr. Neal's Draught; and because I would be sure it was right, I put the second Letter of my Name.
Q. From whom receiv'd you this Note?
Q. Madam, are you sure that this is the Prisoner's Hand-writing?
Mrs. Matthews. Yes, I have seen him write several Times, and I am sure it is his own Hand-writing.
Thomas Turner ; the Clerk asked him some Questions, how he came by it, and he told him the same Story that I have just related to your Lordship. He said his Name was Turner, and that he lived at the Blue Boar at Turn-Stile in Holborn. My Lord, I did believe him to be entirely innocent to the last Degree, for he had a very steady Countenance and an Air of Honesty; and therefore I offer'd my Service to go along with him to Mr. Neal's, to know the Reason why the Note was stopt, for it appear'd at the Bank that it was stopt by Mr. Neal. He made no Scruple to go to Mr. Neal; but as we were walking along in Lombard-Street, I turn'd about to speak to him, and he was gone. Mr. Neal lives in a Court in Lombard-Street. When I missed him then, I was resolved to go to Mr. Neal's, where describing the Man, they thought the Description answer'd to Mrs. Matthews's Footman, and they told me that he was to go to live with Dr. Jurin. I afterwards saw him, and knew him to be the Man that brought me the Bank Note, and he confess'd it before Sir Thomas De Veil .
Q. Well, Sir, can you swear that this is the same Note?
Hinckley Phipps. It is the same Number, but my Knowledge may not amount to a sufficient Testimony to swear; yet I verily believe it is. The Prisoner said at Sir Thomas De Veil 's, that he brought this Bank-Note to me: He said there that he took it off of the Ground; and before he said, that he had it of a Barber in Holborn. He denied for two Hours together at Dr. Jurin's, that ever he saw my Face, and with such a steady Countenance that I never saw the like before in all my Life.
Thomas Green. The Prisoner, on Saturday was a Fortnight, bought Irish Cloth to the Value of 2 d. 13 s. and after he bought it, he gave me a Bank Bill for Change: I carried it to my Master in the Counting-House, and he sent me down to the Bank, to see whether it was a good Note.
Q. Was that the Note?
Green. I can't be positive that was the Note.
Q. Are you sure that the Prisoner at the Bar did buy the Cloth?
Green. Yes, very sure. I am a Servant to Mr. Phipps. I know that I carried the Note to the Bank Saturday was a Fortnight, and found the Payment of it stopt.
William Cutler . I am a Clerk at the Bank. This Note was brought to me, and he that brought it said he came from Mr. Phipps. I told him it was a stopt Note, and asked who he took it of; and he said there was a Person in his Master's Shop that brought it, and I told him he must bring the Person to the Bank, that he might make out his Claim to it. Mr. Phipps and the Prisoner, I believe it was, came to the Bank, and I went up with them to the Secretary; and Mr. Phipps said that he would go along with him (the Prisoner) to Mr. Neal's. He said at the Bank that he sold some Hair to a Barber, and gave him 8 l. in Change out of the Note; upon which they went away to Mr. Neal's. This Note has been in my Custody ever since the 16th of November: This is the very Note, and it has been in my Possession ever since: Shew it to Ebenezer Blackwell .
Q. How does it appear that this is stopt in Payment? Do you remember the Time of the Entry, and by whom enter'd?
Blackwell. By the Secretary's Clerk: It is a Bank Note enter'd in the Books of the Bank.
Mr. Morris. I am Cashier of the Bank: I know nothing more of it, than that this is a Bank Note signed by me.
Prisoner. I don't very well know how I came by it, but I took up this Note with another Piece of Paper, and put it into my Frock-pocket, but did not know at all that I had it.
Q. But when you found it, why did you not carry it to your Mistress, instead of going to the Shop to buy Goods?
John Brown. I have known the Prisoner at the Bar these nine Years; he has a very honest Character. I keep a publick House in Newport Market.
William Dixon . I have known the Prisoner about seven Years, and he has a very honest Character. Guilty .
Elizabeth Huff . My Lord, I have no more to say, but that my Husband died in the Infirmary in Goodman's-Fields the 14th of September. My Husband was a Wheelwright , and was making a great Wheel. I saw him at work about a Quarter of an Hour, and I went home that Night. He came Home very much wounded, and I asked him how it happen'd; and he said two Men came into the Shop ( the Prisoners at the Bar) and they threatned his Life. The Wound, I believe, was an Inch and a Quarter broad and long; he bled very much; I got him a Pennyworth of Diaculum, and scraped some Lint, and made a Plaister, and put it on, and put him to Bed; and I put a Sheet under his Leg: He bled very much, and had no Sleep that Night, but was Light-headed. There was among the Wheelwrights a Confederacy, or a Combination; and these were those that threatned both Master and Man; and they said that they would do it for them, and they doubled their Fists; and William Hales and Robert Skeen had before threatned him. The Day that these two Men came into the Shop, he borrow'd 18d. and spent a Shilling upon them, and they went away. After this they came again, and asked him to go out with them, but he would not; and they wanted Small Beer, but he would not give them any, but gave them three Half-pence to buy a Pint of Beer. As he was at work his Adze fell upon his Knee, and cut him much; and William Hales said, Madam, I have made your Man cut himself, give him a Plaister.
Q. What said t'other?
Elizabeth Huff . Robert Skeen said, that he was sorry that he came into the Shop. My Husband declared all this to me upon his Death-Red, and he said it was the Cause of his Death; and I asked him, whether he thought it was wilful, and he said it was.
Q. Did you hear any Thing of your Husband's being press'd for a Soldier?
Eliz. Huff. I heard there was a Wheelwright that would have had him press'd.
Mary Brown . One of them (the Prisoners at the Bar) said that he (the Deceased) should go for a Soldier: Several Oaths passed between them, and presently my Maid said that Huff was cut, and there was a great deal of Blood, and that one of them said to Huff, I am sorry that I made you cut yourself. He (the Deceased) came and laid his Leg at my Door, and I got some Brandy and fine Sugar for him; and he said, It is hard for me to be cut, and I believe it will be my Death; they said that I should not finish my Work. There was the next Morning a great deal of Blood; and some Hours before he died he said, I shall never live to see another Day, but I hope that God and you will right my Wife.
William Bosworth . I accidentally went into Mr. Brown's Shop, and when I came in I heard rash Words; and I heard one of them two (the Prisoner at the Bar) say, God d - n his Blood, I believe I have cur'd him for to-Day.
William Hall. I thought I heard one of them say, that he was very sorry; and the other said, God d - n his Blood, I have cur'd him for working to-Day. Mr. Brown not being at Home, I went away as fast as I could.
William Brown . I came Home at about 11 o'Clock at Night, and went down early in the Morning, and the Room was very bloody; and I enquir'd who did this, and they said the Prisoners at the Bar. They had several Times threaten'd him that he should not work, because they are in a Combination to raise the Price of their Wages; and they swore that they would soon cause him to leave Work.
Philip Barton . No farther than what he (the Deceas'd) said unto me: On the 10th of September, I saw him at the Infirmary in Goodman's-Fields, and I ask'd him what they said of his Wound, and how it happen'd? He said one (of the Prisoners) was sorry, and the other seem'd glad, and that he said, Madam, I have made your Man cut himself.
Henry Stephens . I work'd for Mr. Brown at that Time, I was at work just by him, and these two Men came into the Shop, and seem'd to be in a good Humour, and said, we must all go for Soldiers; and two Days before we had a great deal of Talk of their Exercise, and that in a good Humour. The Deceas'd went up and stood by him on his right Hand, and Skeen, after he had been joking about going to Flanders, ask'd if they had any Beer; and he found a Pot.
Q. Were they Friends before the Stroke; did you see any of the Prisoners do any Thing to the Deceas'd;
Q. How came you by it again?
Q. What Night?
Q. What Time of the Night?
Q. What was you to go out with her for?
Q. In what Manner was the Gentleman familiar with her?
Elizabeth Lloyd . They were talking together, and the Gentleman took his Watch out of his Fob, and put it into his Coat-Pocket. I stood close by her, and there was Light in the Street by the Lamps, and I saw her put her Hand into his Coat-Pocket and take it out; after that he fell down by a Blow that she gave him, he being much in Liquor. She went to her Mother, and her Mother gave her 40 Shillings for the Watch.
Q. What Discourse was there between the old Woman, her and you?
Elizabeth Lloyd . It was all about picking the Gentleman's Pocket. Sometime after this, it (the Watch) was read in the Advertiser, and there was a Guinea and a half Reward for them that would bring it.
Q. You say the Mother gave 40 Shillings for it?
Q. Who was by?
Prosecutor. The Watch cost me four Guineas at second Hand. I have had it four Years.
Q. What do you think it worth? Can you pawn or sell the Watch, or such a Watch as this, for more?
Prosecutor. Indeed, I am no Judge of the Value of Watches.
- Barnes. The Night that the Prosecutor lost his Watch, he said he had been robb'd of his Watch and some Silver; and the Gentleman came the next Day to advertise his Watch: He said he would give a Guinea and a half; and then we heard no more of it 'till this young one was committed to the Gatehouse.
Prosecutor. She sent a Person to tell me, that there was a Person in the Gatehouse that could help me again to the Watch: she said, she was concern'd with a Man, and if you are the Man, you have lost something else besides your Watch. I told her that I had a Leaden shilling in my Pocket, that I took a Day or two before. Then she said, you are the Man that I robb'd. Accordingly she said that she would make an Information, and she did before Sir Thomas De Veil , and he gave a Search-Warrant to search the Mother of this Newberry: She is the Husband's Mother. Having the Warrant, we went into the Room, and he [ John Rolton ] search'd the old Woman's Pockets, and said I believe I have got it; And he said, Sir, is this your Watch; and I said, if it is open'd I can tell, because the Name is Stone, which Name somebody had endeavour'd to craze out: We took it away. The old Woman said it was her Son's Watch; and the Daughter said that she had fetch'd it out of Pawn, and that it was her Husband's Watch.
Prisoner Elizabeth. She said there was none but she and I when she made the Information. Ask her what the other Person's Name was?
Q. What Day advertis'd?
Q. When stolen and bargain'd for?
Prisoner Elizabeth. My Lord I met this Evidence, and she said to me will you go and drink a Pint of Beer? and there was a Soldier with her, and we went to drink, and the Soldier pull'd out the Watch, and he said, Go and pawn this Watch; and they offer'd 15 s. for it: and I said, I know where to sell it for more Money. This Evidence has charg'd me with a Pair of Ear-rings: She wants to swear a Street-Robbery upon me.
Jury. We desire to understand clearly the Time when advertis'd, to the Time when it was found in her Pocket.
A. Lost the 28th (August) bought the same Night, paid for the 29th and advertis'd the 30th, and found in her Pocket the 4th of November.
Q. Did you know that she sent for the Advertiser?
A. I heard it read the Day that it came out; it was the second Day after the Robbery; and in reading it she fell a-crying, and said that she had a good Mind to carry it (the Watch) to Mr. Counsel; and her Daughter said she might do what she would.
Mary Swimbowl . Mrs. Newberry came to me, and desir'd to borrow a little Money, for her Son had been extravagant, and his Watch lay in Pawn, and she was willing to have it, to remember him. Well I lent her what she desir'd: If it had been the whole 40 Shillings, she should have had it. I keep a Butcher's Shop, went to carry out Meat, and call'd in at her House. I saw the Watch, and she kiss'd it, and said it should be the last Thing that she would part with. I have trusted her with five or six Pounds at a Time.
Q. What Time?
Lewis. It was about Ten o'Clock in the Morning; and she said it was her Son's Watch, and she was willing to have something to remember him, if she never saw him any more.
Samuel Stephenson . The Prisoner at the Bar is a Sash-maker by Trade, and I had many Times lost Lead, for he worked for me two or three Years, I began to be suspicious of him, and I told my Plummer, Mr. Bate, that I had lost great Quantities of Lead. Mr. Bate comes one Day and tells me of Lead that was bought of one Elizabeth Richards in Grub-Street, and that he did believe it to be mine.
Leonard Crowder . He (the Prisoner) was a Servant to Mr. Stephenson, and he lay at my House; and Mr. Stephenson lost a great deal of Lead, a great deal at a Time, and for that Reason the Master told (desired) the Plummer, that if any came to his House, he would stop it.
Q. When did he sell you them?
Elizabeth Richards . I think it was in last November, and among them Pieces of Weights there was one Brass. I asked him how he came by them? he said they were his Perquisites, and I asked no further Questions.
Q. What did you give him a Pound for them?
Richards. A Penny a Pound.
Another Evidence. Our Master gives 13 s. a Hundred Weight.
Prisoner. In his own Defence said, That these Pieces are the Journeymen's Perquisites, and he never wrong'd any Person in his Life of a Pin's Point. Guilty .
Q. Where did the Ship lie?
- Rickson. I carried him to King James's Stairs, and he went away with it, and there was, I believe 20 lb.
Prisoner. In his Defence said, that the Men were drunk, and that he never carried any Tobacco ashore. Guilty .
Prisoner. Could say nothing in her own Defence. Guilty .
James Webster . This Waistcoat and Breeches were the Property of a Gentleman that I worked for, and they were sent to a Gentleman's that keeps a Publick House; and this Girl was a Servant , and the Waistcoat and Breeches were found upon this Girl. Guilty .
Joseph Picther . My Lord, about Eleven o'Clock I heard a Noise at my Door in St. Giles's in the Fields , and I looked out and Elizabeth Gardner came up and said, that there was a Woman very sick, and that she wanted a Lodging: I ask'd her, how she came out of her Lodging, and she said that she wanted Money. This Gardner wanted to take her away to her own Lodging, for she said the Watchman would be about by and by, and I was afraid that she would take her Clothes away. She had two Shifts. This was about Twelve o'Clock at Night. After this she carried her into Brown's Gardens, and this was the 2d of November; and she was at the Door, and no body with her but Eliz. Gardner. I thought no more of it. I know this Gardner very well. I know nothing what became of the sick Woman, until I heard that she was in the Round-House, and that the Coroner had sat upon her. I know that this Gown was upon the Woman that is dead.
Q. Do you know any more?
John Holland . On the 2d of November, opening my Father's Shop in Brown's-Gardens, there was a Woman stripp'd of her Gown, with a Handkerchief ty'd round her Mouth, and she was dead or dying; she was warm yet; she at that Time was stripp'd of her Gown.
Q. Do you know any more of this Affair?
Thomas Cartwright . I was sent for to take the Woman away, and carry'd her to the Round-House; After that, I went into Holborn, to see a Man stand in the Pillory that Day. This Gardner had confess'd that this Gown had been taken off the Back of the Deceas'd, and that she gave it to a Washerwoman to wash. Guilty .
William Green. My Lord, I live at the Angel in Monmouth-Street . On the 10th of November I lost three Linnen Sheets, and they were all up one Pair of Stairs in the back Room upon the Bed, and the Whip lay in one Corner of the Room. About one o'Clock at Noon I went to Dinner, and before I had done, the Girl comes and tells me I was robb'd. I met the Prisoner at the Door; I went for a Constable; when the Constable came, I gave Charge, and the Constable did search her, and he found the three Sheets and Whip, my Lord, upon her in an Apron.
Q. Do you see the Prisoner at Bar?
Prisoner. Said in her Defence, that some Body inticed her up Stairs, and gave them to her, and that she was much in Liquor. Guilty .
Anne Colstone . My Lord, I know her (the Prisoner) very well: She is my Neighbour. She came on a Saturday Morning; I am a Washerwoman, and she came to help me to iron, and she took a Shirt from me the Saturday before last, a Shirt of Mr. Bowler's, and she sold it in Monmouth-Street.
Q. How do you know that it was Mr. Bowler's Shirt?
Colstone. There is a Mark upon it, a little Bit of Blue, and she confess'd it before Justice De Veil.
Q. Did you buy any Thing of the Prisoner at the Bar?
Bowger. I bought this of her last Saturday was a Fortnight; I gave her 3 s. I took her for a very honest Woman.
Colstone. This is the Shirt that Mr. Bowler lost; I am certain of it, for I made it; there is a little Hole at the Bottom of it; it's Irish Cloth, it's almost new, it was made about last June.
Q. How much may such a Shirt as this be worth?
Colstone. It may be worth Ten or Eleven Shillings, but I can't say exactly, because my Master bought a whole Piece.
Prisoner. Had nothing farther to say in her own Defence. Guilty .
Daniel Stephens . My Lord, I live at the Sign of the George in New Prison Walk in St. James's Clerkenwell , and I lost a Silver Pint Mug out of the Chimney Corner in the Back Room, and I saw it five Minutes before I missed it: I missed it directly; it was the 6th of Nov. about Ten o'Clock at Night.
Q. Did you see the Woman take it?
Stephens. No; the Woman was selling Mufles; the Minute before she came in to sell the Mufles, I went out, and just as I came in again, I missed it; I charged her with it, and she denied it; I sent for a Constable, and she said, if I would not prosecure I should have the Mug again; and she carried me and the Constable about twenty Yards from my House into the Church-yard, and she bid me feel in such a Place, and I should find it: Accordingly I did. She said she did not take it with a Design to keep it; but, my Lord, this is the very Mug, and there is some of the very Mould in it now.
[Here the Prisoner was very troublesome to the Court, called Names, as Son of a B - ch, &c. and said that the Prosecutor wanted to lie with her, and to make her Husband a Cuckold; and said aloud, God d - n him, and behaved, in short, like a crazy Woman.]
Sarah Barber . She has been my Chare-Woman many Years, and she has look'd after me in two or three Lyings-in, and I always found her to be a very honest Woman: She has been out-of-the-Way sometimes, I believe out of her Senses; she has a young Child sucking at her Breast, and she is an industrious Woman and takes in washing.
Q. What was it worth?
R. Do you know that the Prisoner had it?
George Priestly . He took it out of my Shop and walk'd away with it, and I found it upon him in his Apron. I ask'd him how he came by it, and I brought him back, and sent for a Constable; and the Constable had it, and it never was in my Custody afterwards.
Q. You are sure it was your Goose.
Q. Did you say to him, how came you by it?
Prisoner. Said in his own Defence, that he would not let his Friends know that he was a Prisoner. Guilty .
* Sarah Bibby, tho' hardly 24 Years of Age, is an old Thief. She was Evidence in last May Sessions against Henry White , a notorious Thief, as Principal, and against Sarah Soames , as an Accessary in receiving the Goods, knowing them to be stolen. See Sessions-Paper, Number iv. Page 107. Trial 202 Also in the same Sessions, she was Evidence against Elizabeth Stavenaugh , alias Howel. See Session Paper, Number v. Page 147, Trial 264. These were convicted on her Evidence. She hath likewise been Evidence against little Boys, her Accomplices.
Q. (to Richard Skep .) What Business are you of?
Richard Skep . Music; I am of the City-Waits, of Faringdon-Ward. On the 14th of November I came Home about four o'Clock in the Morning, and put my Coat upon the Closet-Door; I laid down, and got up in the Morning, and went to my Mother's, to lie down four or five Hours to refresh myself, that I might go out the next Morning again: But when I came Home to look for my Coat, my Coat was gone; and I sent my Wife to the Pawnbroker's, and there I found the Coat; and I gave three Shillings and a Penny before I could have it; and he (the Pawnbroker) said there was another Woman with the Prisoner at the Bar, and the Prisoner bid her go back and fetch my Hautboy.
- Butcher. The Coat was brought to my House the 14th of November at seven at Night. I asked her (the Prisoner whose Coat it was? and she said that her Sister sent her with it, and that it was her Brother's Coat.
Q. Do you know her Sister?
- Butcher. She has pawn'd Things at my House; she has come from her Sister two or three Times.
Prisoner. Had nothing to say in her own Defence. Guilty .
William Carter . I am Constable of the Night; and on the 11th of November last, as I went to the Watch, they said that there was one that had stolen some Cocoa; and it being found in his Lap, I was sent for by the Watchmen to take up this William Barton . I came, and there was put out of his Lap three Pounds of Cocoa at Bear-Key.
Q. Did he say how he came by it?
Q. Did he not tell you how the Person came by it that put it into his Lap?
William Carter . No; he had a Nail that he broke the Hogshead open with, and said, that there were two nam'd Ned and Sal; and that was all that I could get out of him: He said that Ned and Sal would come (us'd to come) upon the Keys and carry off Tobacco. We found of one Hogshead the Head out, and a great many gone besides what we found upon him.
Q. What, did you find a Nail upon him?
Q. You talk of opening the Head of the Hogshead with that Nail.
Q. Well; now see what they are worth in your Judgement, and how many Pounds Weight you think there was.
Prisoner's Defence. It was not I, but another Boy, that broke open the Hogshead: The (the Cocoa) were put into my Lap by another. I serv'd my Time to a Chimney-Sweeper . Guilty .
Q. In what Manner?
Mills. I was following my Man up Stairs, and found this Man coming down between one Story and half a Story; and I said, my Friend, where are you going? to get a little Sugar? I must see what you have got. He had an Apron hung down to his Knees, and a Bag: There it is: And in that Bag was the Sugar.
Q. This being found upon him, what did he say?
Mills. Why, he said, that he did it for Want.
Thomas English . I am a West-India Merchant's Constable, and I heard that Mills had taken a Man; and he did desire me to come up, and he gave me Charge of the Prisoner at the Bar; and upon searching him, we found a Stocking full of Sugar in his Breeches.
Q. What did he say when you found it upon him?
Clark. Why, before he said he did it for Want; but after that he said nothing.
Q. Did he deny it before you found it upon him?
Prisoner. In his Defence said, That he came to get a Job, and he thought they cried out for Hands, and for that Reason was coming down; but said, that he bought the Sugar of a Man, who said it was a Bargain; and that at first the Man asked 20 d. but took 14 d. Guilty .
Brewer's Key , computed 10 lb. Weight, value 3 s. October 23 .
Q. What are you?
Millborn. A Land-Waiter. Jones was in the Lighter. I happen'd to cast my Eye into the Lighter.
Q. What Time of the Day was it then?
Millborn. It was about Noon; and I saw him filling his Pocket, his Coat-pocket, with Sugar. He was at work in his Waistcoat, and I saw him taking Sugar from the Hogshead broke up, and by and by I saw him heave the Coat, that was upon the Lighter, and hide it under the Tarpaulin.
Q. Did he take the Tarpaulin up?
Millborn. The Tarpaulin lay loose; it was rumpled all together at the Head of the Lighter.
Q. Did you observe him to move the Coat?
Millborn. Yes; he moved the Tarpaulin, and put it (the Coat) under.
Q. What did cover it in the Boat?
Q. What did you order?
Q. What Sugar was it? Did it match any of the Sugars on board.
William Black . On the 23d of October the Land-Waiter sent one to call me: Says he to me, do you go down, and you'll find something; look under the Tarpaulin. I did look, and found it, and told him that it was Jones's Coat; and I found the Sugar in his Pocket.
Ebenezer Heartly . Jones seem'd to deny the Coat that the Sugar was in: He said, it was not his, it was like his, but he said that he had sold his Coat two or three Days before that at Rag-Fair, and had bought a Pair of Shoes with the Money.
Edward Cutter . I know nothing of Jones. Plummer I knew 13 or 14 Years; he liv'd four Years in my House; I never heard any Thing amiss of him in all my Life: He brought up his Children very prettily; he liv'd in our Market, that is Spital-Fields.
John Pentney . I have known him two Years, and his Behaviour has been just and honest. I keep a House in the Country, and he and his Children have come to my House, and have had a Pot of Beer and a Bun.
William Pagett . My Lord, on the 24th of October I sent my Man out with Bread, one Half-Peck, 11 Quarterns, five Thee-Penny and two Two-Penny Loaves. About One o'Clock my Man comes Home, and told me that he had lost his Basket and Bread, but, says he, I have found the Thief; and I went into Duke's-Place, where the Prisoner was, and he said that he had bought the Basket and Bread for 18 d. and that he bought them of one in the Street; but after that he said, if I would not prosecute, he would give me what Money he had sold them for.
Q. How came you to lose it?
Thomas Basset . I met with a Friend and went to drink a Pot of Beer, and left my Basket of Bread upon a Bulk in the Street, and I miss'd it in a very little Time; and as I knew Duke's-Place is a Place where they often sell Bread, I went down into Duke's-Place, and I found it upon him there, and I took him up, and charged a Constable with him; and then I came home for my Master.
Prisoner. Duke's Place is a common Market for Bread; and I saw him there, and said to him, what shall I give you for this Bread? There were four Quarterns, Three-penny and Two-penny Loaves. He said 20 d. but afterwards he took 18 d. for Basket and Bread, and I sold the Quarterns for Three-pence a Piece, and the Three-penny Loaves for five Farthings a Piece.
Prisoner. Said in his own Defence, That he bought it at a Market Price. Guilty .
John Bowman . This Prisoner at the Bar did confess, that he had it, and that he knockt it to Pieces at London Bridge, and after that he sold Part of it, that is the Cog and Plate, for 2 d. a Pound, which weighed 14 lb. and at 2 d. a Pound came to 2 s. 4 d.
Robert Pain . I went to the Gatehouse with Mr. Whitro, and he (the Prisoner) said that he had broke it to Pieces, and had sold Part of it to one in Crooked Lane, and the other Part to a Man for three Farthings a Pound; but he denied the buying of it.
Prisoner. Had nothing to offer in his own Defence, and said, that he had no Relations nor Witnesses. Guilty .
Sarah Fuller . On the 19th of October this Sutton came into my Yard, ours is a Car-Yard, in Moor-Lane , and we found him in the Stable, and he run away, and kept out of Sight a Matter of a Fortnight; and I sat up later than ordinary, thinking of the Iron that I had lost.
Q. Did you find any of this 24 lb. of Iron upon him? How had he it?
Fuller. In his Hand. We had lost Streaks and Horseshoes, what we call Tire-Streaks for our Cart Wheels. He has own'd to me the selling of this Iron at London Wall, and at one Richardson's.
He said nothing to that Purpose, but asked a thousand Pardons. Guilty .
Benjamin Green. I charged her with picking my Pocket Yesterday in Cheapside , about Three o'Clock in the Afternoon. I found it upon her, under her Left Arm, and there was a Woman said that she saw her take it out of my Pocket.
Prisoner. I can prove that he charged another Woman with it.
23. , was indicted for assaulting Robert Brooks ; in a certain Passage in or near the King's Highway, in the Parish of St. Dunstan's the West , putting him in Fear of his Life, and taking from him seventeen Guineas and a Half in Money, a Hat and Wig, value 10 s. 6 d. Sept. 8 .
Brooks. Yes, very well; I have cause to know him; I have suffered very much by him, my Lord. I was coming home to my House, the 8th of Sept. in Bolt in Tun Court in Fleet-Street : It was about Nine o'Clock at Night; I did not perceive any Body to follow me. There was a Quarrel in the Street between two Women, and I came by, put my Hand into my Pocket, to see if my Money was there, and it was all safe. I walked homewards, and turned into the Court, and when I came within about thirty Yards of my Door, a Man came behind me, and said, d - n you, you Brooks, you are a Rogue and a Villain: And before I could turn to look unto the Man, he knocked me down, and with the second Blow he cut me in this Place; and I had a great many Blows when I was down, and I felt his Hand in my Pocket, and he drew the Money out of my Pocket, and there was seventeen Guineas and a Half Guinea.
Prisoner. I have known him about three Weeks.
Brooks. I am sure he is the very Man. I never drank with him in all my Life; but he came by my House one Night, and made me a Visit against my Will.
Q. What Time of Night?
Brooks. About Eleven or Twelve o'Clock at Night; as he was passing by my Door, he said that he thought he heard Murder cried out in my House.
Brooks. I am an Appraiser of Goods, and lend Money upon Goods.
Q. You take upon you to swear that he is the Man that knockt you down: Was you quite sober then?
Brooks. Yes, my Lord; I had drank but Part of two Pots of Beer with a Man, his Wife and Children.
Q. Well, before he struck you, he called you Rogue and Villain?
Brooks. I pursued him that Night, and I said, that I had lost seventeen Guineas and a Half, a Hat, and Wig which was found at the Barber's Door: I pursued him; he lodged at the Bolt-in-Tun Inn. After this I got a Search Warrant, in order to apprehend him, and I searched the Inn several Times, but never found him. At last I was told by one of my Acquaintance, that he was in a safe Place, for he had seen him in the Counter? With that I went to the Poultry Counter, and there I found him.
Q. Are not you lame?
Brooks. Yes, I have one Leg shorter than the other, and it cost me 40 l. to cure it, and it was a good Cure too.
- Chainey. I know nothing of the Robbery. I saw a Quarrel one Sunday Night between Nine and Ten o'Clock, on the 8th of September. I was at my Door in Bolt-in-Tun Court, and saw the Prosecutor and the Prisoner a little before. The Prisoner comes down the Passage, and when he comes up to the Prosecutor, he says, D - n you for a Scoundrel Dog, your Names is Brooks. With that the Prosecutor said, D - n you for a Scoundrel Dog, who do you call Scoundrel? I stepp'd up and desir'd that they would not quarrel; but one Word begat another, and the Prisoner struck Mr. Brooks, and they both went to Fighting; and as soon as the Scuffle was over, the Prisoner walk'd down to the Bolt-in-Tun Inn, and Mr. Brooks came up to me; in the Scuffle his Wig came off. Then Mr. Brooks went Home, and after a few Minutes he came out again, and said that the Villain had robb'd him of 17 Guineas and a Half. Nothing more, my Lord; I saw no more. I heard after, that he went in Pursuit of the Prisoner.
Q. Did you see the Prisoner have his Hand in his Pocket?
Chainey. No, it was dark, I could not see.
- Molloy. I was going to Bed, and had just put the Candle out; I heard the Prisoner at the Bar say, You are a Scoundrel. I stood at the Step of my Door, and I saw Mr. Chainey with a Pipe in his Hand, and the Prisoner at the Bar knock'd Mr. Brooks down. I was naked, I did not care to go out naked. I saw the Prisoner upon him. I then being sorry to see my Friend ill us'd, I said, What are you going to rob my Neighbour? And I am about 10 Yards, altho' I was naked, but I return'd back again. Mr. Brooks put his Hand into his Pocket, and said, I am robb'd of all my Gold; he said he was robb'd of 17 Guineas and an Half. I still continu'd in my Shirt. Mr. Chatney went into his House.
Q. What are you?
Molloy. I am a Weaver, and work for 'Squire Turner.
Porter. I am a Washer-Woman; I take in Washing; I live opposite to Mr. Brooks. I heard a Scuffle in the Court; I went to the Window, and I saw Mr. Molloy in his Shirt and Cap helping Mr. Brooks off the Ground, and he brought him to his own Door. I heard him myself say, that he was robb'd; I was near althought I was up two Pair of Stairs, and he said that he was robb'd of 17 Guineas and a Half.
Q. (to John Dowell .) Do you know for what Reason, in August last, that Brooks was going to destroy his Wife and Child, and came down with a naked Hanger in his Hand; and that the Constable, with others, brought the Woman down Stairs; and that the Prisoner should say, that he was a very dangerous Fellow, and the Constable took Charge of him?
Dowell. Brooks, speaking of the Prisoner at the Bar, said he was a Gentleman-Thief, and charg'd a Constable with him; and they went to the Watch-House, and when Brooks came there, he did not know what he had lost, but he talk'd of a Piece of Lace that he had he lent 22 Guineas upon that Day; and I saw both the Prisoner and Mr. Brooks going -
Q. Did you know any Thing of the Gate-Way Quarrel?
Dowell. I believe it was the Beginning of September. It was on a Sunday Night, about Nine or Ten o'Clock. I heard the Voice of the Prisoner, and Mr. Brooks: I heard that Brooks was roul'd in the Kennel, and dawb'd his Coat. I heard one Molloy ask, if he had lost any Thing? Upon which Brooks said, he had lost some Money; and I heard Mr. Chainey say, There's your Wig. After this I went in a-Doors; and some Time after that he came out of his Door, and he said that he lost 17 Guineas and a Half Guinea; upon which I had a Piece of Flamboy in my Hand, and I light it to look for the Money; but Mr. Brooks call'd me holping
Robert Money . I am the Constable. Between Eleven and Twelve o'Clock at Night there was an Uproar in Mr. Brooks's House, and the Neighbours were afraid to break the Door open, and Mr. Brooks asked if I was there? and he came down with a Hanger in his Hand, and gave it to me. He had made several Notches and Cuts in the Wood of the Bedstead. Accordingly I took Mr. Brooks and the Prisoner at the Bar to the Watch-House, and I could not persuade Mr. Brooks to let him go, but he insisted upon his going to Court, and the Prisoner at the Bar was honourably acquitted.
Q. What passed between Mr. Brooks and the Prisoner at the Bar?
Mony. Why, Mr. Brooks asked him what he was, and he said, a Gentleman; and Mr. Brooks said, I suppose a Gentleman-Thief.
Roberts. No, no further than hearing of it.
Q. What do you know of the Quarrel?
Atkinson. That it was on the 8th of Sept. The Prisoner at the Bar came in and said, that he had had a Roul and a Tumble with Mr. Brooks. It was on a Sunday Night, about Ten or Eleven o'Clock at Night. He told me that in the Fray he had gotten Mr. Brooks's Hat, and beg'd that I would get it sent Home to him. So I ordered the Chamberlain to carry it, but he did not care to have any Thing to do with him: Then I ordered the Cook to carry it, and he ( Brooks ) would not take it of her; she brought it back again. Then I went myself and carried it, and he would not take it of me in any Shape. And then Mr. Molloy went in and said, Mr. Brooks, han't you lost something? and he said after that, that he had lost seventeen Guineas and a Half, a Hat and Wig.
Q. Do you know Mr. F - , the Prisoner at the Bar? What Character does he bear?
Atkinson. A very honest Character. He always paid me very honestly and justly, and was unto me a good Customer.
Q. Did Brooks come and search your House?
Atkinson. Yes; I have had my People taken out of their Beds; and he said, that he would search every Room in my House for seven Years together Night and Day.
Q. Of what Business is the Prisoner at the Bar?
Atkinson. He has been Abroad on board that Ship which the Lieutenant of was shot for Cowardice; and as I found that Mr. Brooks was so troublesome to search my House, I beg'd him to get another Lodging.
Jacob Ferdinando . I remember one Sunday in November Mr. Brooks and Mr. Molloy came into the Green-Dragon, and said, that they had been at the Counter, and had seen the Prisoner at the Bar; and he said, God d - n it, I have gotten the F - at last; and he said, that he would hang him and two or three more, and then he should be reveng'd on the Inn.
Rachel Corbet . At the Green-Dragon in Fleet-Street I heard him say, that he would hang the Prisoner out of Spite, and he would hang three or four more, and then he should be reveng'd of the Inn. This was spoke in a publick Room.
Cumberland. I have known him about four Months; he has the Character of an honest Man; he was a Midshipman in the Anglesea; he is a Gentleman of an Estate .
- , I have known him fifteen or sixteen Years; I knew his Father and Mother; Mr. Hutton of Gainsborough has given him several Dranghts upon my Lord-Mayor. There is an Estate in Lincolnshire, more than 200 l. a Year.
Mr. Wilson. I know him, and his Mother before he was born. His Father was a very great Trader, and traded for as much as any Man in the County.
After such a Cloud of Witnesses appearing in Behalf of the Prisoner at the Bar, his Innocence was manifested with peculiar Glory, and Gladness was seen in every Countenance; and, in Consequence, he was honourably Acquitted , and had a Copy of his Indictment granted him by the Court.
John - . He was a Lodger with me: He robb'd the Room and took the Key along with him. I live in Drury-Lane ; I keep a Publick House, and I let him a Room ready furnish'd, a ready furnish'd Lodging; and there was in the Room a Pair of Sheets, a Pillow, and a Brass Candlestick. He took the Key of the Room with him; he went away in last March.
Thomas Salter . I know nothing of the Goods. He (the Prosecutor) gave me a Warrant, because I live in the Neighbourhood. I took him (the Prisoner) in Petticoat-Lane; he run up an Alley and thought there was a thorough-fare, and there was none.
Prisoner. Said in his Defence, that the Prosecutor said that he went away last March, whereas he went away a Fortnight after last Christmas; and that this was a malicious Prosecution, and that his Wife, who is now dead, was in the Room two Days after him. Acquitted .
Mary Russel . The Prisoner is a Woollcomber by Trade, and he came to my House last Monday Night, and said, Do you want any Worsted? And I said that I did not want any, and I would not buy a Pennyworth. I sent for a Pot of Ale, and after that he fasten'd his Right Hand about my Neck, and his Tongue he put down my Throat; and, a nasty Fellow, I bit his Tongue, and then he took my Gold Necklace and Locket.
Q. How came you to light him out, after he had used you so badly?
Russel. I bit his Tongue, and he own'd before the Justice, that he would have been rude with me.
Prisoner. When I was told of this in my Room, I went and took a Book, and took my Oath that I was innocent of it.
Edward Dimple . I never saw him before last Monday Night. He brought Worsted to sell to my Mistress; he said it was Irish Worsted, and that it was none of his own; and he said he wanted to say something to my Mistress: And he put his Hand round her Neck and buss'd her; and he said to me, why don't you get withinside of her? I saw him with his Hand round her Neck, and that is all I have to say. I heard her say indeed, that she would not be teaz'd so.
- Bromley. I have known the Prisoner 10 Years; my Business is a Weaver; he is a Woollcomber; he makes Worsted to fell it.
- . The Man that told me about this Bracelet, has heard that this Women is a bad Woman in several Shapes: I have heard that she would say unto Men, Lend me your Tougue, and buss me.
Prisoner. I am inform'd that she has charg'd another Person with this Bracelet.
Bromley. I will declare the Truth. That Gentlewoman would have sent my Daughter on an Errand, to ask one Bell, whether or no she had not the Necklace. The Girl comes up to me and says, Father, shall I go of the Errand, what Harm is there in it? But I would not let her go, because I had a Reason for it; I am a Papist, and did not care to have any Trouble in my Neighbourhood; I am a Weaver by Trade, and a Worsted-Weaver.
Bright. Yes; she has bought Goods of me, and I have found her very honest.
Q. But what is her Character for Chastity?
Bright. Give me leave to say, my Lord, as to Vulgar Report, I have heard Things of her that are not commendable; but in her Dealings I have found her very honest. And as for the Prisoner at the Bar, I know nothing of him; he is a Stranger to me. Acquitted .
Sheppard. Ever since the first March that I march'd. I am an Ensign .
Q. The Man march'd with you in the Train'd-Bands, as a common Man for some House-Keeper?
Sheppard. On the 10th of October out Militia was out, but before they made their firing, their regular firings, I ask'd them if they were all loaded? There were 36 of them, 12 in a Rank. I ask'd them, if they were loaded? And they said they were not; and then again; and they said they were. I was then almost fronting the Prisoner, but at some Distance from him, I believe six Yards; and a Piece of Paper and Wadding hit against my Coat. With that I examin'd who it was that fir'd: I went down the last Rank, which is the third: I ask'd them all, both Right Hand and Left, if they were loaded? I came up the second Rank, I came up between the Prisoner and this young Man; I ask'd them if they were loaded?
Q. What is this young Man's Name?
Sheppard. Stephens. They said they were not loaded. Between the 3d and 4th Time I went to see the rest of my Officers; and then the 4th Time I cry'd, Present and fire, and then I was as you now see me.
Prisoner, I did not intend any Hurt or Harm to
Q. Was you acquainted with him before; Was there any Quarrel in your Exercise? Did you ever give him any Blows?
Oak. We made Hat in the Vinegar-Field, and he said, he wish'd that he had taken his Head off, instead of what Hurt he had done to his Eyes.
Prisoner. I never said such a Word in all my Life.
Stephens. I stood next to the Prisoner at the Bar.
Q. Did he shoot?
Q. How many Times?
Stephens. Four Times.
Q. Did you see any Thing go out of his Gun? Did it make a Report? You are sure he shot; was there any Dispute before?
Stephens. I saw him fire, and put his Piece out of the Line. Acquitted .
Q. Was that the Coat you used to wear?
- . It is my Livery Coat; I have had it better than half a Year.
- . I am a Coachman; I was going to water my Horses; I went into the Back Stable, and I said to him, What, are you a Smuggler? I saw him with the very Coat. Guilty .
Daniel Gibson . I went out the 14th of November to see the Train go, and I was at Home in about three Hours Time. I was in Primrose-Street, and the Boy came to me and told me, that I was robbed and my Family in Disorder: He run away the Tuesday after. He was an Apprentice to me, and I heard that he had spent the Money; I was told so by the Neighbours, and last Saturday I took him up.
Q. Where was the Purse?
Bassett. In a Drawer in the Desk.
Q. When lost?
Bassett. The 14th of Nov. This Purse is mine, and was taken out of the Boy's Pocket.
Prisoner. Could say nothing for himself. Guilty .
. I am a Coach or Stable Keeper . On the 16th of Nov. we returned from Bath, and we set a Family down in Bond Street, and we had a Bay Horse fourteen Hands high; I valued him at 6 l. and he had on a Saddle and Bridle; and in the Way of my Man's coming Home, whose Name is Benjamin Smith , he lost the Horse in Broad St. Giles's. He supposes it to be taken or cut from behind the Coach; and upon going into Little Queen-Street he missed his Horse, and asked if any Body had seen a saddled Horse. He told me what had happened, and I bid him go to the Green-Yard and to several Inns, to see if he could hear any Thing of him. And on Saturday I found the Horse and Saddle was advertised by Sir Thomas De Veil ; and I found him at the White Horse at the Back of Long Acre, and he was deliver'd to me by an Order of Sir Thomas De Veil .
Prisoner. I pick'd the Horse up in Holborn, as I was going home.
- Clay. He brought the Saddle to me one Saturday Night about Eight o'Clock to sell; and I asked what he would have for it, and he said Half a Guinea. I thought it was too little, and that he did not come honestly by it. I stopp'd it, sent for a Constable, and went before Sir Thomas De Veil , and he committed him for further Examination. The Saddle when new was worth 50 s. and it is worth 20 s. now.
Benjamin Smith . I am the Coachman, and came from Bath, and tied the Horse, as I thought, behind the Landau, and by the Light of the Lamps I saw the Shade of the Horse every now and then; but coming up into Holborn in the Dark, I turned short away into Queen-Street, I missed him, and enquired when I missed him, but no Body could tell me any Thing of him. I went to my Master and told him, and he said I must go to the Green-Yard and several Inns to enquire after him.
Prisoner. Said in his Defence, that he found the Horse in Holborn, and that he carried the Bridle and Saddle to Mr. Clay's, that he might raise Money to advertise the Horse, that the right Owner might have it again. Acquitted .
Mary Higgins . I have known her a Fortnight; she work'd with me; I follow Quilting.
Q. What do you charge her with?
Q. How long is this ago?
Mary Higgins . On my Lord Mayor's-Day. She sold the Hat for 3 d. in Chick-Lane and the Shirt in Barbican for 2 s. She was in Holborn, and when she was taken she said, That she wanted to go Abroad, and that if she had not done that, she would have done worse; and being ask'd what it was, she said that she would set the House on Fire.
Prisoner. Had nothing to say in her Defence. Guilty .
Q. Did you ever see any of those Things in her Custody?
32. John Oakes , was indicted for High Treason, for that he, not weighing the Duty of his Allegiance, and devising and intending our Lord the King and his People to deceive, on the 10th Day of October last, in the Parish of St. Giles's Cripplegate, London , 40 Pieces of false, forg'd and counterfeit Money and Coin, to the Likeness and Similitude of good, legal current Silver Coin of this Realm call'd Shillings, did make, forge and counterfeit, against the Duty of his Allegiance, &c. and against the Form of the Statute &c .
Gentlemen, I am Counsel for the Crown, and he stands indicted for High Treason, for counterfeiting the current Coin of this Kingdom. Gentlemen, I am not willing to aggravate this above its Demerit; not to inspire the Breasts of the Jury with Sentiments to prejudice them against the Prisoner at the Bar, who stands upon his Trial for Life or Death. Gentlemen, undoubtedly it is the Prerogative of the Crown to take Care of the current Coin of the Kingdom. The Prisoner at the Bar is indicted for coining of Shillings; and I beg that you would observe how this falls among the working Poor of the Nation. Suppose a Man works hard all Day for a Shilling, and at Night shall receive one of these bad ones, that is not worth a Farthing: What Distress does this bring into a Family, where there is a Wife and Children.
The Prisoner at the Bar is an old Offender, and hath practis'd it 14 Years; and the Method of finding him out was by Mr. Smith. The Prisoner at at the Bar and Mr. Smith carry'd on this Affair: The first 10 coin, and the last to put them off when coin'd. The better to effect this, they often took Journeys, sometimes to Worcester, sometimes to Newcastle, sometimes to one Place, and sometimes to another; and then, when they took these Journeys, they carry'd a Quantity of these Shillings with them. But Smith happened to be detected at Basingstoke; a Quantity of them were found upon him. He acquainted us that the Person he was concern'd with was one Oakes, and that he liv'd in White-Cross Street. Now Gentlemen, it is not upon the single Testimony or Evidence of Smith that we are endeavouring to prove him guilty; for the Gentlemen of the Mint made an Enquiry, and they found in his Lodgings a great many Pieces ready made, and others almost finish'd; and they found the Instruments to carry on the Work, which are now in our Custody. Mr. Smith has a great many Times, and that Years ago, had Part of that Money to set out of Town withal, and he hath seen him coin it and wash it.
Prisoner, My Lord, put off my Trial for an Hour.
Smith. Fourteen Years. My first Acquaintance with him was in the Horse-Grenadiers; about six Years ago was the first Time he said any Thing to me: Says he to me, You have a Family, and he immediately pull'd out of his Pocket three or four Shillings. I went with him to the Noah's-Ark, and he put off one Shilling; and we went to the Coach and Horses, and there he put off another. He found out where I liv'd, and I went along with him, and he put off three or four Shillings at a Time. This pass'd on 'till Witsuntide. He liv'd then in Lamb-Court in Clerkenwell. When I came to see him, I open'd the Door, and I saw him coining with these Things; and there was Whiting and a great many ready coin'd, I believe to the Value of three or four Pounds. I saw with him a Pipe.
Q. What is the Composition?
Smith. What is the Composition! I don't know;
Q. And you was at Basingstoke. Did you carry any of that Money with you?
Smith. Yes. I have seen him file 10 or 12 Pieces of that Counterfeit Matter, which had the Similitude of an English Shilling. He had Salt and Wax-Candle to rub it over with, to make it have a dull Hue; and he stroak'd it round with a File, to take off the rough Edge.
Q. When you went to Basingstoke, did he give you Money?
Smith. He was to meet me behind Montague-House, and I agreed to go as the Monday-Sen'night after. Some Time after he brings me a Horse at Five o'Clock in the Morning, and I went upon the Expedition, and he gave me a Box and a White Rug.
Prisoner. What he says I shall prove to be false. I shall say nothing yet.
Smith. This is the same Sort of Counterfeit, this is the same Coin that I receiv'd; there is no Addition nor Alteration; I declare it to be the same Sort that he gave me.
Prisoner. My Lord, I shall ask no Questions. He swears as he pleases.
Rubby. His Room is a lower Room; it was not locked up, but they were found amongst some Flocks.
Q. Have you any skill; are you concerned either in Silver or Brass; did you find any Thing else besides the Mould?
Rubby. Some counterfeit Shillings, Mould and Flask.
Q. Was there any Thing else besides?
Rubby. There was Whiting and Wax-Candle, and there was a File.
Q. in what Part of the Room?
Rubby. Some in one Part and some in another: Some Pieces of Money lay upon a Ledge. We search'd the Fire-Place and found several Pieces of Metal. There was a Bed in the Room.
Q. When you came into the Room, what did you meet with?
Rubby. These several Pieces in several Places.
Prisoner. It was thrown about the Room. I have no Counsel. I did not know what they were for; It was Smith that brought them and left them there.
Rubby. This is the Metal that we found; we found it upon a Ledge in the Wall higher than a Man's Head, on the 11th of October last. When these Things were found there, he surrender'd himself immediately. His Wife and Daughter seem'd surpriz'd. We found in a Basket of Flocks the Mould and the Flask. There seems to me to be some small Particles of the Metal in the File. I have look'd upon the Money, and it is all counterfeit.
Lister. He called once at my House at Tottenham-Court. He once kept the House that I now live in. Last Tottenham-Court-Fair was two Years, he call'd at my House to drink, and he gave me a bad Shilling; but I saw it, and told him of it, and he gave me a better.
Prisoner. About the 5th of September I met Mr. Smith, and he ask'd me if I could tell him where he might put a Horse to Grass. I said there was Grass enough now, but I told him I did believe that the Man at the Royal-Oak at Vauxhall had Grass to let. My Lord, I and he drank together at the George in Tyburn Road; and I said I am now going to the Horse Ferry; and he fetched the Horse, and I put it for him to Grass at 12 s. a Month. As soon as I had done it and acquainted him with the Agreement, he said it was a great Price, and he would put it into another Place to Grass. I told him I did not care; but I did not see him for three Weeks; and when I saw him after, he was offering a Mare to sell. I looked up the Yard, and I said to the Man that was with me, stop a little, I shall speak to one here. And I went, and found that he was going to sell the Mare to one Mr. Taylor, a Gentleman of about 6 or 700 l. a Year. I said, your Servant Mr. Smith. Mr. Taylor said, do you know that Man? Yes, said I. Said he, I hope that he is an honest Man. Said I, as for Honesty, I can't give him a Character, for I don't understand how he should deal in Horses, seeing he has not wherewithal to carry on the Business. After this I asked Smith, when he would come and take his away? and sometime after this, he came one Day to my House, and left a Bag, and threw it down upon the End of the Counter. I went over the Way for a Pint of Beer: My Wife happen'd to tumble down the Bag, and these
Here the Prisoner called Persons to his Reputation.
William Bird . I know him very well. He is a good-natur'd Man: He has passed his Word for other People, and so has suffered by it. He has helped those that in the Time of his Trouble would not come near him.
Q. What are you?
Bird. I live at a Hair-Merchant's in Green-Street, Leicester-Fields, at the Sign of the Lock of Hair.
Stephen Greenlitt . He used to come to my Father's; we are partly Relations, we are Cousins. About two Years ago he took an Alehouse in Castle Yard, but for want of Stock to carry it on, he was forced to leave it.
Q. Did you ever hear that he was a Coiner?
Backwin. So far from that, that he was always poor.
- Wilkinson. I think his Character is as different from that of a Coiner, as I am from being a Woman. I have changed Guineas and Shillings for him, and I never had one bad one of him in all my Life. My Money goes to my Brewer and Distiller.
Q. What was you there a Prisoner for?
Ruck. For Smuggling, but by the King's Grace I came out.
The Jury desired to withdraw, which was granted; and when they were withdrawn, they sent a Message, desiring that a Shilling or two might be brought to them with Instruments; which was done accordingly; and after sometime they returned and brought in their Verdict, not Guilty. Acquitted .
33. Joseph Payne , was indicted for a Misdemeanour, in uttering certain dangerous and treasonable Words against our Sovereign Lord the King, that is to say, D - n you and your King too, and drinking the Pretender's Health .
Gentlemen of the Jury. Payne stands indicted for a great Misdemeanour, for Words spoken by him very disrespectini to his Most Excellent Majesty King GEORGE; and in Company with Smith and others he said, God bless the Pretender, and here's a Health to the British Arms, (meaning the Rebel Army) and saying to William Landey and Matthew Dawney , D - n you and your King too, and God bless the Pretender.
Norman. I know him again. On the 7th of Nov. he was at my House at the Bull Inn in Bishopsgate-Street . I saw the Prisoner at the Bar about Seven at Night. I heard him drink King GEORGE's Health, and Success to the British Arms, and God bless the Pretender. There were two Soldiers in the Room: One of them was Will. Landey, and the other was Matthew Dawney . They were in the same Room, but I think not in the same Box.
Q. Do you remember any Words that passed between him and the Soldiers? and that the Soldiers should say, they would not have their Master abused; and that he should say, God d - n you and your King too?
Prisoner. I would say something. Since I have been brought to Newgate I have had a great deal of Cold, that it has broke my Voice. I am slow in Speech, and short in Memory. This is the first Time that ever I was brought before a Court in all my Life; but when I was there I was in Drink, and very much intoxicated with Liquor.
Joseph Johnson . This Man was at our Inn. I am a Porter there. I thought I saw him Yesterday was a Month at our Inn; and when he first came in, there were two or three Songs sung, and he drinked, and he drinked Healths, and he said, Here's a Health to King George, Success to the British Arms, Here's a Health to the Pretender.
Q. Was any Body in Company with him?
Johnson. There was Dawney and Landey; and they said it was not their Duty to hear the King spoke against: And being a little stirr'd up, he said
Q. Pray, did not he give a Man three Halfpence to drink the Pretender's Health.
Johnson. Speaking of the Pretender, he said that he pray'd for him daily, and it was the Duty of a Christian to pray for his Enemies.
Q. Pray, did you hear him drink King George's Health.
Johnson. Yes; he both said King George and Royal George; and he said, God bless King George, Success to the British Arms, and here's a Health to the Pretender; and he always all along said it was the Duty of a Christian to pray for his Enemies.
Q. Was he sober then?
Johnson. No my Lord, very much in Drink.
Smith. When I come in, he had a Pot of Beer in his Hand, and he said, that they would not drink with him; and he said, God d - n them and their King too.
William Burr . All that I can say is only this: That when I came in he said, God bless King George, and Success to the British Arms, and here's a Health to the Pretender. And I heard several Persons say, that they would have him go about his Business.
Prisoner. I believe I left off when I said I was intoxicated with Liquor [and here he made the Court smile; for he said that he was slow of Speech, that his Eyes were in the Eclipses, and his Memory short as the Top of a high Rock.] The Day that I drop'd into the Bull, I had been in Leadenhall-Street about Business, and it was to make a small Collection for a Gentleman's Servant reduc'd, and when I had done we had a Dish of Steaks, and with that we drank plentifully, and my Eyes began to be in the Eclipses. I went to the Bull to speak to a Gentleman's Coachman that was to be there; and light of another there in the Yard, and I ask'd him to go and drink. How much I did drink I can't tell. It was at Noon when I came into the Bull, and late at Night I went away, and the next Morning I found myself in the Counter. Next Morning I was hurry'd away to Guildhall, and then afterwards to Newgate. When I first went into the Bull I had 17 s. about me; and next Morning when I awak'd in the Counter, I had but one. Give me Leave; with Submission, if I might have Leave, I will give your Lordship an Account of the Pilgrimage of my Life and Conversation. When I came to the Bull I call'd for Liquor; what I call'd for, other People had. There was a Man there that did curse the Pretender; and I said that I was always taught to bless, and may God bless his Gracious Sovereign Lord King George.
Here dropp'd Loyal and Eloquent Sentiments from Sir Simon Urling Knt. Recorder of the City of London, who spoke to the Prisoner to this Effect: That in the midst of Justice, Mercy was remember'd; that he was not then in a Court of Inquisition, but in an open and free Court, where the Liberties of Englishmen are maintain'd in the highest Degree; that we had upon the Throne the best of Kings, who had always made the Laws of the Realm the Rule of his Government; and therefore the Prisoner would do well to have a venerable Regard to his Sacred Majesty King George, and to consider the Mildness of the Court that indicted on him only two Months Imprisonment and a Fine of five Shillings .
Elizabeth James . I was call'd out of Bed by the Watchman, who found my Door was open; I presently discover'd my Drawers had been rifled. They were soon after apprehended, and the Goods and part of the Money found upon them. Guilty .
The Trials being ended, the Court proceeded to give Judgement as follows.
Receiv'd Sentence of Transportation for 7 Years, 19.
To be Whipp'd 6.