Held at Justice-Hall in the Old Baily, On FRIDAY the 17th, SATURDAY, the 18th, and MONDAY the 20th of January.
In the 19th Year of his MAJESTY'S Reign.
BEING THE Second SESSIONS in the MAYORALTY OF THE
Printed, and sold by C. NUTT, at the Royal-Exchange. 1748.
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 Baron PARKER , Mr. Justice DENISON, Sir SIMON URLING , Knt. Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex.
Q. What do you say of the Prisoner?
Q. In what Manner?
Drummond. As I was going home to my Family I met three Women; I pass'd two of them, and this Woman, the Prisoner, stuck by me; I found her Hand in my Pocket.
Q. Where was it?
Drummond. In King-Street, opposite George-Yard; and I said to her, you base Woman, you have taken away my Money.
Q. Did you perceive her Hand in your pocket.
Q. How could you be sure it was the Prisoner, when there were other Woman about you?
Drummond. Sir, I caught this Woman's Hand in my Pocket, and as I was carrying her along to the Watch, I told her I must have my Money, and that then I would let her go.
Q. How much Money was there?
Drummond. Fifteen Shillings.
Q. You say your 15 s. were gone; were not the other Women as close to you at any Time, that they might put their Hands into your Pocket.
Drummond. They were not so close.
Q. Do you know the Prisoner to be the Woman?
Drummond. Yes, I carry'd her to the Watch-house that very Night; she never got out of my Hands.
Drummond. Nothing like it, my Lord; I was not given that Way.
Drummond. The Prisoner is the very Woman, I carry'd her to the Watch my self.
James Scot . I was Constable of the Night. The Prosecutor brought her to me between 11 and 12 o'Clock at Night. He said, she had robb'd him of 15 s.
Q. Who did he say had robb'd him?
Scot. This Woman, the Prisoner, had pick'd his Pocket.
Q. What further do you know of this Matter; were you acquainted with this Woman before?
Scot. She is a Woman of the Town, a troublesome Woman, every Body knows her.
Q. What did she say when the Prosecutor brought her to you?
Scot. She said she had not robb'd him of 15 s. But I said, I would search if I could find the 15 s. about her.
Q. What happen'd then?
Scot. She had 5 s. in her Hand, which she gave me, saying, that was all the Money she had, and that she had got of a Gentleman's Servant.
Q. So she gave you the 5 s. without being search'd?
Q. After delivering the 5 s. did you search her and find any more Money upon her?
Scot. No more.
Q. What do you know further?
Scot. She said she had 2 d. 1/2 of the Prosecutor; I asked her, where is the 2 d. 1/2 Moll? But she said neither one Thing nor another.
Q. What did she charge Drummond with?
Scot. For assaulting her in the Street.
Court. That Question has been answer'd already.
Prisoner. My Lord, they are not here.
Drummond. Loose in my Breeches Pocket.
The Prisoner could say little or nothing in her own Defence. Guilty .
Q. Where was she?
Burt. She came from her own Apartment, and said, for God's Sake let me lay with your Daughter; for he, the Prisoner, would murder her.
Q. But what do you know of this Murder?
Burt. On Monday the 16th of December the Prisoner came home between Nine and Ten o'Clock at Night, and made a great Disturbance. I desir'd him to go up Stairs and take his Tools away, and I would forgive him what he ow'd me. When my Wife and the Deceas'd came up the Stairs to him, he endeavour'd to strike them; but, by pulling off his Coat, he put out the Candle.
Q. What Business is this Webb of?
Burt. A Shoemaker. Then my Wife and the Deceas'd went down Stairs and left him by himself alone.
Q. Did Dock, the Deceas'd, go down with you and your Wife?
Burt. Yes, we all went down to be quiet.
Q. What happen'd after that?
Burt. When we came down, in about half an Hour he made such a Noise as disturb'd the Lodgers.
Q. What did you do, upon his making that Noise?
Burt. I went up Stairs and desir'd him to be quiet. I did not go up quite into his Room, but the Young Man , the Deceas'd, came to me and took the Candlestick out of my Hand, and went up by himself to desire him to be quiet. I was in the one Pair of Stairs Room; the Prisoner lodg'd up three Pair of Stairs. While I was talking with an Officer, that came to my House, I heard the Cry, Murder, Murder. I saw the Deceas'd lie near the Window of my Room, with his Guts hanging out.
Q. How long was it before you heard the Cry, Murder, after you was got down the Stairs?
Burt. About two or three Minutes.
Q. How long did the Deceas'd live after?
Burt. Two or three Days.
Q. When did this Accident happen?
Burt. On Monday Night.
Q. What, did the Deceas'd die of the Wound he receiv'd?
Q. After you had seen the Deceas'd in this Condition, how soon after did you secure the Prisoner?
Burt. A little above a Quarter of an Hour.
Q. Was the Deceas'd able to speak, after he had been wounded ? Did he give any Account of this Matter ?
Burt. He spoke before the Justice.
Burt. When he came down Stairs, the Prisoner look'd very white and said, the Deceas'd fell on the Knife himself.
Prisoner. No, my Lord.
Frances Burt . When my Husband went up Stairs he (the Prisoner) abus'd him, pull'd him about, &c. But we had not been down Stairs a Quarter of an Hour, before we heard a great Noise of Cursing and Swearing, and I said to my Husband, pray go up Stairs and pacify him: But the Young Man , the Deceas'd, went up, and had not been gone above two or three Minutes, but I heard him cry out, O God, O God! I went to meet him at my Shop Door, and said to him, what is the Matter? Mother, says he, I am stabb'd, I am kill'd! He pull'd away his Shirt, which I have here in my Apron: He shew'd me a great Hole and there hung out his Guts. Running out of the Shop, I left him leaning with his Head by the Window and crying out Murder. I ask'd him what was the Occasion; he told me he only desir'd the Prisoner to be quiet, and that without any Provocation he (the Prisoner) stabb'd him. The next Day, being Tuesday, we carry'd the Prisoner before Sir Thomas De Veil . Sir Thomas was so good as to come and hear the dying Words of the Deceas'd, who said, the Prisoner run the Knife in and took it out himself.
Q. How long did he live after?
Then the Knife, the bloody Shirt and Apron were produced in Court.
Charles Dennis . On Monday Night the 16th of December, Mrs. Bart cry'd out, for God's Sake come, there is a Man murder'd. When I came, I found that the Wound was below the Navel, the Guts and Caul hanging out at it: I was in Hopes that the Wound was not mortal; because the Guts seem'd not to be broke: I found by the great Effusion of Blood, there was some other Part wounded within: The Mortification encreas'd every Minute: I gave Information of the Affair to Sir Thomas: At the Coroner's Request I open'd the Body of the Deceas'd, and found the Guts cut thro' and thro', so that the Wound must have reach'd quite to the Back-Bone.
Dennis. I am convinced of it, and being persuaded that the Wound would prove mortal, I gave the Deceas'd very little Hopes: I had done what Art could do for him: Upon asking the Deceas'd how it happen'd; he said he went up Stairs at the Desire of the People of the House; upon which the Prisoner immediately fell upon him: That the Deceas'd did return the Blow, or struggle with him, or something to that Purpose, and that afterwards the Prisoner took up the Knife and gave him the Wound.
' That the Deceas'd declard, that he went up to ' pacify the Prisoner: But that of a Sudden turning ' a little round, and snatching up a large Shoe-maker's ' Knife, he thrust it into the Deceased's Body, ' of which Wound he lies in a dying Condition.'
Prisoner. I had been out about a little Business; when I came Home, William Burt , my Landlord, asked me to play at Cards, &c. I walk'd up Stairs; my Landlord and this young Fellow follow'd me: I desir'd they would walk down; but they insisted on my going out that Night: My Landlord and I were ready to come to Blows: At last I got them down Stairs and fastened my Door: What Noise I made, was my breaking my Coals; &c. As I was at Supper, eating Bread and Cheese, in came the Deceas'd; I ask'd him why he broke open my Door: He came behind me and fell upon me, and knock'd me down: He ran down Stairs, and I did not know he was hurt at all, and 'till the People came up to me, I did not know what was the Matter. He knock'd me down with a Knife in my Hand, and I did not know that he was hurt.
Q. Was your Room lock'd, or did he do any Thing more than lift up the Latch of your Door? How did he break it?
Prisoner. He put his Knees against the Door.
Q. What did he do to you when he came into the Room?
Prisoner. He ask'd what meant the Noise I had made. I told him, I had been breaking of Coals. Upon this he knock'd me out of my Chair and fell
Q. have you any Witnesses?
- Perriman. I have known the Prisoner 14 Years, was born and bred in the same Town with him, never heard he was any other than a very inoffensive Man.
Burt and his Wife. Not at all, my Lord.
He was charg'd for the same Crime by the Coronel's-Inquest. Guilty , Death
John Ward . Four Pewter Plates, &c. My Maid asked me if I knew any thing of the Company the Evening before. I answer'd I did, and that they belong'd to the Six Clerks-Office: So I went to one or two of them I knew: I asked, if they knew any thing of such and such Things I had lost; I told them we had had no other Company in the House that Evening but themselves; and they guessing at the Prisoner, one said, he knew the Place where he used to pledge Things; and at that Place we asked for such and such Plates, which the People produced directly, with mine and my Wife's Name upon them.
Q. Where were they pawned?
Ward. At Mr. Singleton's, the Corner of Feather-stone Buildings, Holborn.
Q. Did Mr. Singleton shew them to you?
Ward. He gave them me with his own Hands. And taking out two Warrants, one for the Prisoner, and the other for the Goods, we brought the Prisoner that Night before Justice Burdus, to whom he made some Confession.
Singleton. I have known him a Year and a half, and upon the 4th of this Month, bringing me four Plates, I lent him 2 s. upon them.
Cust. My Lord, there were a great many of us in Company. We went to Mr. Ward's to play a Game at Skittles, where we were drinking hard till Night. As to confessing the Plates, there was no Confession made; the Plates being convey'd into my Pocket without my knowing any thing of it.
Q. Have you any Witnesses?
- Wainwright. My Lord, I have been acquainted with the Prisoner five Years, and I took him into my own House, the Fellow then behaved well; and I have left him in the House by himself.
Q. What is his Character?
Bibby. He used to do Business for Mr. Wainwright, and always behaved well as far as ever I heard.
William Rutter . On the 7th of December , about Seven at Night, coming from Cold-bath Fields, just before I came to the End of Mutton-Lane, I saw a Man staggering and falling down; I lifted him up, else he had been run over, had I not come by and saved him. I went into the Magpye Alehouse, just by, and calling for a Pint of Ale and Gin, I filled my Pipe and smoked, and pulled my Snuff-Box out of my Pocket. Said I to my Landlady, I believe you are a Welsh-woman. This Woman, (the Prisoner) sat by me, I gave her my Box to take a Pinch of Snuff, she return'd it, and I put it up in my Breeches Pocket; when I had paid my Reckoning I went out to the Door, and the Prisoner at the Bar came to me and took me by the Arm, and walked with me over Clerkenwell-Green towards St. John's Wall. I put my Left Hand about her Neck, and gave her a Kiss; while my Left Hand was round her Neck, her Right Hand was in my Pocket; I presently missed my Box, but away she ran, and I said give me my Box. She d - n'd me and said, touch
Q. So, you lost your Box?
Rutter. Yes, she did her Work very quick.
Q. Then you did not find her Hand in your Pocket?
Rutter. I felt her Hand, and then follow'd her, and said, I would not leave her till I had my Box again.
Prisoner. Please you, my Lord, I know nothing of it.
Rutter. My Lord, I know she took it: I had my Hand upon my Box five Minutes before she had it.
Prisoner. As I was going along, he wanted me to drink a Bottle of Wine with him: And because I would not go, he charged me with the Constable.
Gibson. On Saturday the 14th Day of December my Servant came and told me he had taken a Thief. I went immediately to my Shop and found this Man, (the Prisoner) there, with two Pair of Stockings on the Counter, which my Servant said he run away with.
Q. What Stockings are they?
Gibson. Worsted Stockings.
Q. What's your Servant's Name?
Q. Did you ask the Prisoner about it?
Gibson. The Prisoner confess'd and begg'd Pardon.
Q. Did you follow him?
Gray. I follow'd him and cry'd, stop Thief, and somebody stopp'd him.
Q. When you came up to him, where were the Stockings?
Gray. He had the Stockings in his Hand when I came up to him.
Q. What did he say when he was taken?
Gray. He own'd himself guilty.
Wilkinson. As I was passing the Corner of Exeter-Exchange, hearing the Cry, stop Thief, I saw the Prisoner running as hard as he could; I took hold of him; he made no Resistance, but deliver'd the Stockings immediately, and said, he hop'd to have Forgiveness as it was the first Fact he had done.
Prisoner. I never was guilty of any Error before, but Necessity obliged me. Guilty 10 d.
Mead. I missed the Things mention'd in the Indictment.
Q. When did you miss them? Was this Woman conversant at all in the House where the Goods were?
Mead. No, my Lord, she lived a Servant with a Woman next Door.
Q. What reason have you to suspect the Prisoner?
Mead. We serv'd the Gentlewoman next Door with Beer; we keep a Publick House . Some odd Things were left behind by the Prisoner's Mistress, who was then moved to another House; and while we were at Dinner, the Prisoner brought in a Steak, which we dress'd for her; she drank a Pennyworth of Beer, and then took her Leave of us. Soon after missing the Box with the Linnen and Apparel, we had a Suspicion of the Prisoner. I found out her Mistress's House, and knocking at the Door, the Prisoner came out; I challeng'd her with the Box; she said, she knew nothing of it. I asked her Mistress; she said, she hoped she had not been guilty of such a Thing; upon searching, we found the Box broke
Q. When you found the Box, what did you do?
Mead. Why, I took it to the Publick House, where I had got the Maid to come before, and her Mistress went with me.
Mrs. Mead. My Box was in the Room at Three o'Clock, I open'd it and lock'd it again. This Woman (the Prisoner) was the only Person in the House, tho' I did not see her take it.
Q. How soon did you miss your Box?
Mrs. Mead. I saw it about Three, and missed it about Five.
Q. Did you see the Prisoner at her Mistress's, after the Box was found?
Mrs. Mead. I did not, my Lord, but my Husband did. Guilty .
Evans. My Lord, my little Girl told me, she saw a Man take a Bundle.
Q. What Age is your Girl?
Evans. Between eleven and twelve. She call'd to me and said a Thief had taken something: With that I pursu'd him: I saw him running up the Court and I overtook him.
Q. What pass'd when you took him?
Evans. He fell on his Knees and begg'd I would forgive him.
Q. Who was the Bundle taken up by? where was it when he was taken?
Evans. He threw down the Stockings in the Street, and Coatham took them up.
Q. Did you take up the Bundle? Did you shew it to the Prosecutor, and did he own the Stockings.
Coatham. Yes, He said they were his. I was at this Time close by the Prisoner, who fell on his Knees and begg'd Forgiveness.
Q. What did he say when you took him?
Manning. He cry'd out for Mercy and begg'd Forgiveness. Guilty .
Q. When did you suspect her taking away the Money?
James. My Father was afraid Mary Pardoe had robb'd him, but being so very ill he could not come at his Breeches; and when I rais'd him up on Tuesday, he desir'd I would look into his Breeches, to see what he had lost. He had two half Crowns, a half Moidore, and nine Shillings and Six-pence, which were taken out, and 4 s. left. He desir'd I would look into the Drawers, if she had took nothing there: I said I knew what Gold there was, but not what Silver: Accordingly I told the Money over, and we miss'd 6 s. and 9 d. I went and found her in Black-Boy-Ally, and she had got her Clothes out of pawn: She own'd the Fact and fell down upon her Knees to implore Mercy: She own'd 3 s. she had taken out of my Father's Breeches and the 6 s. she own'd.
Lane. Seventeen. I saw the Prisoner at Mrs. Foucher's take a Piece of Rag out of her Bosom, and put two or three Bits of Gold in her Mouth, and hold 13 or 14 s. in Silver in her Hand.
Mary Foucher . The Prisoner was a Servant to Mr. Lovage; said, she was come away from her Master's; call'd for two or three Pints of Beer; said she had nothing at all at her Master's, for that she was starv'd: But she pull'd out the Rag out of her Bosom or Pocket, with 13 or 14 s.
Q. Did you see any Gold?
Foucher. No. I saw none. Guilty .
Collin Innys . On Friday the 10th Instant, just as the Back Gate of the Royal Exchange was shut up, I was talking with a Gentleman. Moses Elias pointed to the Man that had taken my Handkerchief, which, and another, we took out of his Bosom; my own Handkerchief he did not dispute, but said the other was his own. We took him into the Constable's House, that belongs to the Exchange: We search'd him and found three more Handkerchiefs in his Pocket.
Q. What is your own Handkerchief worth?
Innys. It cost 2 s.
Robert Ladbroke .
Q. What Account did he give of these Handkerchiefs then?
Threadcall. He made tristing Excuses, that he had found them.
Q. Could you see the Handkerchief?
Elias. I saw him take the Handkerchief out of the Pocket.
The Prisoner said in his own Defence, that he found all these Handkerchief wrapp'd up in a Bundle. Guilty .
May. This Prisoner I took upon Buttle-Whars.
Q. How long ago?
May. In December. I saw him steal 4 lb. of Tobacco; he appear'd like a Coal-heaver.
Q. How was it convey'd?
May. Some into his Waistcoat and some into his Breeches.
Q. What did you do with him?
May. I took him, and he made a great many Excuses, and said the Coopers and the Porters gave it him, for helping them to roll the Hogsheads up.
Prisoner. Did you ever catch me before in any such Thing?
May. Several Times.
Q. What did he say to you?
Mascle. He told me Poverty was the Occasion of it.
Q. Did you ever see him take any Tobacco before?
Mascle. I did not.
Q. What is his Character?
Murgrey. My Lord, I have known his Character to be very good. He has been a Servant to my Father's Uncle and in other Services, and I never knew any Thing dishonest of him.
Ascenally. I knew him a Boy, and I knew his Father before him; I have known him here an London seven Years and I never heard of any Dishonesty of him in all my Life. Guilty .
Q. Where was your Quarters?
Thorn. Down in Southwark. When I came to Town I walk'd with the Prisoner all Day till Night: Then I went into one Mr. Calloe's, the House where I lodg'd: Upon going up to bed I was very dry and call'd for a Pot of Beer; And two Women brought the Pot of Beer: There was a Wind came in at the Window and I got up to shut it.
Q. Was the Prisoner at the Bar one of the Women.
Q. What Time of the Night was this?
Thorn. Between Eight and Nine.
Q. Which of the Women came in?
Thorn. The Woman that came into the Room was put out of the Way, but this Woman at the Bar receiv'd my Money of the other Woman.
Q. Do you know the Person's Name that came into the Room?
Thorn. It was the Prisoner brought up the Beer to the Door and Mary Bell took it into the Room. When I had taken a Drink of Beer, they both went away; but while I got up to shut the Window, I saw Mary Bell take my Breeches.
Q. Where were your Breechees, upon the Bolster?
Q. Where was the Prisoner at that Time.
Q. Did you see her deliver it?
Q. What was in your Breeches?
Thorn. Six Guineas in Gold, six Shillings, and a French Crown, which was not gone.
Q. What did you do, when you saw the Woman?
Thorn. She said there was no Body here but me. But I said, I see you deliver it to another Woman.
Q. Upon this you came down Stairs, did you not?
Thorn. There was a Door at the Foot of the Stairs, which they shut against me. Then the Mistress of the House came up making a great Noise for my Money, hypocritically.
Q. What become of this Prisoner at the Bar all this Time?
Thorn. They brought in the Prisoner, and asked whether that was the Woman that had my Money.
Thorn. In my Room.
Q. I ask you whether any Woman was in Bed with you?
Thorn. There was none.
Thorn. She was not.
Thomas Walter . I was going to my Vault the 7th of December at Night, and while I sat there, I heard the Prisoner at the Bar talk very merrily of the Money they had got of the Soldier. My Vault and theirs joined together.
Q. What did they say about it?
Walter. They wonder'd how the Soldier had got so much Money about him as six Guineas and six Shillings.
Lloyd. Mary Bell said, the Prosecutor was her Countryman, and he said, that she had pick'd his Pocket. She came down Stairs with her Bosom open; said, that she had been search'd several Times. That at last, when he could not find the Money, he said he was robb'd of two or three Guineas. So Mary Bell and he went up again together, and he said to me and the Prisoner at the Bar, if we could find it, he would give us a Treat. While we were talking together, this Mary Bell gives him the Slip.
Lloyd. I am a Lodger there.
Howe. I have always known her to be a very honest Person. Guilty .
- Pool. I am a Collar-maker; I made the Harness for his Majesty, and for the Use of the Train of Artillery.
Q. What do you known of these Harnesses? What do you say to the Leather Tuggs that are mention'd?
Pool. I cannot say, I know when they were stole; but they were deliver'd into Mr. Arnold's Hands at the Tower.
Q. Were these the Harness and Leather Tuggs that were sent to the Tower?
Council. I would ask Pool, as there are many Harnesses made of the same Kind, how he knows this particular Harness?
Pool. These were made with an Iron Ring, and I never saw any such.
William Roberts . Upon the 19th of December I was going into the Stable to look for a Shovel; I saw the two Prisoner at the Bar in Mr. Smith's House in Paulin-Yard, Tyburn-Road, take a Pair of Harnes s out of a Brewing-Vessel. I asked them no Questions how they came by this Harness. Eyres (the Prisoner) had a Pair of Harness belonging to the King upon the Horses.
Q. Where was you when you saw Eyres?
Roberts. I saw him come out of Paulin-Yard, where he put his Harness at Night.
Q. Have you any Thing more?
Roberts. Says Eyres, you cannot take off the Harness of the Horse, as you did out of the Brewhouse Yesterday. So, says I, is not your Horse blind? So I went and told my Master, for I was afraid of my Life: But as I was going down, I saw the very same Horse with this Harness.
Q. What became of this Harness?
Ford. The Harness is here.
Council. Did you never hear that Smith used to let out Harness?
[The Harness was produced in Court.]
Roberts. Yes, my Lord.
Pool. Yes, my Lord, I know it is the Property of the King.
Q. Did you see these Harness in Smith's Brewhouse, before you saw them on Eyres, (the Prisoner?)
Pool. No. Eyres told me he bought them of a Collar-maker in St. Giles's.
Council. My Lord, one Part of the Boy's Defence is this, he says, he has been an industrious Boy, and that he used now and then to borrow a Harness of this Smith; that this Hemmings did own he borrow'd these Harness of Smith, and that he lent them to this Boy.
Gilbert. In Paulin-Yard Paulin-Street near Oxford-Road.
Q. I suppose you are acquainted with Mr. Smith? Do you know the Prisoner, Eyres?
Gilbert. I know them both very well, especially Eyres.
Q. Which is Hemmings?
Gilbert. He stands on the left Hand.
Q. Have you had any Discourse with them?
Gilbert. Never, but once at Westminster, two or three Days after they were taken up.
Q. Do you know what Trade Mr. Smith was? Did you ever know that he let out Horses? Did he ever let out any Harness?
Gilbert. I never knew that in particular.
Council. When did Smith abscond?
Gilbert. The Day that the Prisoner was taken up.
Council. Mr. Gilbert, do you know Eyres's Character? How he has got his Livelihood? What his general Character is?
Gilbert. He has the Character in the Neighbourhood, of a very honest Boy.
Scot. I never heard he was guilty of any Thing he is now charg'd with.
Q. Do you believe him to be a Person of a good or bad Character?
Scot. I never heard any Ill of him.
Beer. I believe him to be a Person of good Character.
Dow. I have known them both from their Infancy, and never knew any Harm by them.
Millar. He was always a Pains-taking working Boy: I have known him these 18 Years.
Williams. He work'd with me some Years, he had a very good Character.
Bouzier. I have known Hemmings 17 or 18 Years, and I never heard any Ill of him in my Life.
Q. Do you know them both?
Bouzier. Yes, and I believe them very honest.
Hazlewood. I have known him from his Infancy, I believe him to be a very honest Person.
Roberts. Several. Acquitted .
Munro. I lost two Rings, a pair of Buttons and a pair of Ear-rings. The 8th of this Month the Prisoner broke open my Maid's Chest. I keep a Publick House at Ratcliff-Cross .
Q. Was the Prisoner quarter'd with you?
Munro. Yes. He was with me for two Nights. The Maid went to make his Bed, and found a couple
Q. What is your Maid's Name?
Q. How was it found out?
Munro. We charg'd the Soldier with this Robbery; then I took hold of him; and he own'd behis Serjeant that he had broke open the Chest.
Q. What did he say about the Gold Rings?
Munro. The Serjeant said, he had been whipp'd three Days before for stealing. Says the Serjeant to me, have you lost any Thing yourself. I went to look and I miss'd two Rings: He own'd before the Serjeant that he had sold one of them in King's-Street, Westminster, to one Mr. Williams. The Serjeant went along with him there and found that Ring.
Q. What is the Serjeant's Name?
Curtis. Yes. Two of the Handkerchiefs I found under the Feet of the Bed and the other in the Bed.
Q. Did you get your get Seal and Money again?
Curtis. The Money the Serjeant took from him, but the Seal he flung away.
- Robertson. I happen'd to be at Mr. Ross's when the Lad was accused of breaking open the young Woman's Chest. I saw him with 5 s. 11 d. in Money, two half Crowns and Sixpence I took from the Knees of his Breeches. One of the Rings, missing by Mr. Munro from his Drawer, I found upon him; I have likewise got the Money I took from him. The Ring was produced in Court.
Munro. Yes, 'tis my Ring indeed.
Robertson. Yes, the same Day.
Curtis. Three half Crown Pieces and three single Shillings.
Robertson. He told me he flung it down the Sink in Mr. Ross's Kitchen.
Q. What did he say of the Girl's Chest?
Robertson. He own'd he open'd it with a Chisel.
Williams. In King's-Street, Westminster. The Prisoner brought the Ring to our House, and said he found it in the Park.
Q. Have you got it?
Q. Shew it to Mr. Munro?
Prisoner. I have nothing to say to the Witnesses, nor have I any Witnesses to produce. Guilty .
Osborne. In Clerkenwell-Close.
Q. Do you know of its being robb'd at any Time?
Osborne. It was robb'd on the 17th of December.
Q. In what Manner was it broke open?
Osborne. When I first found it, I observ'd broke a Pain of Glass of the Closet-Window in the Garden, belonging to the Kitchen.
Q. When did you see the Window safe before?
Osborne. It was safe when I went to Bed, but I can't be sure of it.
Q. When did you find it open?
Osborne. The Window was shut? I found the Pain out about Eight in the Morning.
Q. What was lost?
Osborne. A Copper-pot that stood in the Window, three Handkerchiefs.
Q. Where did you find these Handkerchiefs?
Osborne. I found them in Pawn. The Handkerchiefs and Pot at two different Places.
Q. By what Means did you find these Things.
Osborne. By his own Information.
Q. You suspected him, upon that you had him taken up?
Q. What did you do after you had him taken up?
Osborne. We had him before Justice Hole.
Q. Did he own the Fault in general Terms?
Osborne. Yes. He own'd that he had stole the Things.
Q. What were his Parents?
Osborne. Silver-Spoon-makers. But he is a Vagabond and has nobody to take Care of him. Guilty .
Elizabeth Hughes of Spur-Street by Leicester-Fields , on the 2d of Jan .
Hughes. On the 2d of January.
Q. Where do you live?
Hughes. In Spur-Street by Leicester-Fields.
Q. What did you lose?
Hughes. A flower'd Linnen Gown and another Gown, a Petticoat and a Shift.
Q. Where were these Goods?
Hughes. In my Bed-Chamber up one Pair of Stairs.
Q. Did you meet with them again?
Hughes. Yes, Sir.
Q. Give an Account how you came by them again?
Hughes. Mrs. Hunt call'd me into the Yard, and I saw the Goods there; that is all I know; I do not know how the Prisoner got them.
Q. What do you know against the Prisoner at the Bar?
Hunt. The 2d of this Month, between the Hours of five and six, I was going cross my Yard, and I saw the Prisoner at the Bar (the Woman, not the Boy) and being very much surpriz'd, I asked her what Business she had there. She told me that having came out of Kent she came into the Yard to sleep. I told her, I had been robb'd before, and she should not go out of the Yard till I had search'd her. Then she wanted to come by me, and as soon as she did so, the Goods were under her.
Q. You know nothing then of Galder (the Boy?)
Hunt. No. I was the Evening the Robbery was committed, drinking a Dish of Tea with Mrs. Hughes, and I asked the Prisoner what she did there, and said, that she had committed a Robbery, and that we would have her before the Justice; she said, she came from Kent, and that a Boy, that had got in at the Window, and thrown the Goods into the Yard, was then in the Fields to receive them, when she got out.
Hughes. I opened the Bundle when I came down, and I knew them to be my Sister's Goods.
Gough. I shall burn in Hell-Fire.
Gough. Not before this Time. This Girl (the Prisoner) wanted to make a Bargain to go out a Thieving: At first, I said, I would not, and afterwards, I said, I would. And going along Leicester-Fields we met the Boy, Roger. The Girl (the Prisoner) saw the Entry-Door open of this Gentlewoman's House, the Stocking-Shop: And the Girl and Boy went into the Yard, and so they got up the Ladder; I follow'd them to the Door to see which Way they went.
Q. Could you see them when they were in the Yard?
Gough. They got up the Ladder, and got over some Leads.
Q. Did they both get up?
Q. Did you see them get up the Ladder?
Gough. Yes. But I only saw them go up the Ladder. They got into the Gentlewoman's Window.
Q. Did you see them?
Gough. No. But I heard the Girl say so. She said she got into the Gentlewoman's Window. And so the Boy had got something up in a Bundle.
Q. Was you by the Yard?
Gough. I was the outside of the Yard.
Q. How long were they gone?
Gough. About two Hours.
Q. What Time was this?
Gough. About Eight o'Clock. The Boy got the Bundle, and the Girl went down the Yard, and the Boy toss'd them to her.
Q. How do you know that?
Gough. The Girl told me so.
Q. Did they stay two Hours?
Gough. Yes. about that House and another.
Q. You did not see the Boy come down again?
Gough. No Sir.
Q. Who did you see have the Bundle?
Gough. I saw the Girl have the Bundle.
Q. Did you see the Boy meddle with that Bundle.
Gough. No Sir.
Q. How much Tobacco?
May. About 3 lb.
Q. Did you see him take any out of Mr. Suteliff's Hogsheads?
May. Please you, my Lord, there were no other Hogsheads on the Keys. I brought him to Dark-house-Lane and there I charg'd - Maschil with him: The Prisoner deny'd this Charge.
Hazle. I have known him some small Time, about half a Year.
Q. What do you know of him?
Hazle. I have known him for the Time he has been in London; he got his Bread upon the Keys by helping as a Porter.
Mrs. Hazle. Almost 30 Years, my Lord, in Ireland, and I have seen him about half a Year in London.
Q. Do you know any Thing of his Character?
Mrs. Hazle. I never knew any Thing against him.
May. I never saw him employ'd above once.
Maschil. I cannot remember him above two Months.
Q. Do you know that he was employ'd as a Porter?
Maschil. I have known him employ'd for an Hour or so. Guilty .
Q. What Time of the Day?
Nichols. Between Eleven and Twelve. There was no Body at all in the Shop, the Door was shut to, and the Prisoner came in. This Gentleman saw him; I was not there.
James Wealy . My Brother, Sir, lodges with Mrs. Nichols. On the 22d of December I went up Stairs to speak to him. When I came out of the House, I went over the Way in order to go to Church. I stopp'd at the Church Door to hear a Gentleman's Servant read the Gazette. I observed this Lad (the Prisoner) come out of the Shop with something under his Great Coat; I called to Mrs. Nichols, and asked whether she had lost any Thing. She said a Jack. I run after him almost as far as Christ's Church, and brought him back with the Jack.
Q. What became of the Jack?
Wealy. when he came back he left it in the Shop.
Prisoner. Please you, my Lord, I was coming along Aldersgate-street, and I met with one Wilks, who said, he would give me 3 d. if I would fetch this Jack. And the 'Prentice gave it me. Guilty .
Anne Cranford . Anne Stanbury was with me as a Charewoman . Upon the 30th of December when I went up to Bed, I found a Pillow upon my Bed more than my own. I thought she might take it away from her Lodging. I reckon'd upon her coming in the Morning as usual. There were three Boxes of my Grand Mother's, which she had left in my Care, when my Mother died. When I got up in the Morning, and came to go down Stairs, one of these Boxes was like to fall down: They were up two Pair of Stairs, between two Rooms. One of the Boxes I found uncorded and open'd; then I mistrusted this Anne Stanbury had robb'd me. I went to her Lodgings after her, early next Morning, but she had discharged her Lodgings and had not been home all Night. About the 3d of January I found her in Bunnel-Row. So I asked her how the Pillow came upon my Bed, and why she did not come as usual. My Dear Mistress, she answer'd, I knew I had wrong'd you and I was asham'd to see you. I told her of the Boxes: Indeed, my dear Mistress, says she, I was in Liquor and I uncorded them; but I will tell you what I have done with the Things, And she said, she would go with me to the Pawn-broker and fetch them out, if I would not let the Pawn-broker give her Trouble. So I went the next Morning to one Mr. Kiese's, Pawn-broker in Cheek-Lane. I went with her to another Pawnbroker, and she called for two Parcels more, at one Sharp's on Saffron-Hill. Then she said, she had given me all. I told her I could not release her 'till I
Q. You have got part of these Things then?
Q. How many Boxes were there?
Prisoner. My Mistress us'd to lend me Money, I being under Necessity. My Mistress order'd me to pawn them.
Cromarty. Last Monday was sen'night in the Morning. We took her into our Service this Day fortnight about Three o'Clock in the Afternoon.
Q. Did you find any of your Goods upon her when you took her up?
Cromarty. Yes. That Cloak upon her Back, and the Handkerchief, I believe, she has now round her Neck.
Q. And did you know them to be your Goods?
Cromarty. Yes. And when I spoke to her of them, she gave me very ill Language, and said, I might take them away.
Q. As to the other Goods, a Long-Lawn Apron, two pair of Women's Pumps, one pair of Silver Buttons, did you find these?
Cromarty. No. I said to her, how can you serve me so? She told me she desir'd to be banish'd, she was weary of living here.
Prisoner. My Lord. These People are very notorious, they keep a notorious Bawdy-House. Neither did I ever wrong them of any Thing. Mistress, did you not tell me, that you took two Creatures into your House that run away with your Goods. My Lord, I serv'd my Mistress two Years ago and I went to her again: She was making Complaint that she had lost several Things, and she said her Husband had got a Writ against me. My Lord I don't chuse to be arrested in a wrong Cause. My Mistress said to me, my Dear, pray don't get yourself into a Jail.
Anderson. She had the Cloak upon her Back, the Shift upon her Back, and the Cap upon her Head.
Prisoner. I have nothing to say, but that I am got into vile Hands. She, the Witness, is one of the Pliers of the House, and is oblig'd to swear what they would have her.
Q. Have you any Witnesses?
Prisoner. No. My Lord, she said she would not hurt me. Guilty .
Howard. Yes. The Prisoner went into my Room and took a large Sconce-Glass.
Q. Where was this Sconce? Was you in the Room; and was the Room next the Street?
Howard. It was a Back-Door up the Stairs.
Q. Do you know any Thing against the Prisoner at the Bar?
Q. Did you know how she came into the Room?
You saw her coming down Stairs with the Sconce in her Hand, and she left the Glass on the Stairs and came down? Did you meet her coming down Stairs?
Cabino. I ask'd her who brought her up Stairs: She said a Gentleman gave her the Glass and a Handkerchief to bring down Stairs.
Q. What became of the Glass?
Cabino. It was taken from her.
Q. What are you?
Q. Was there any Gentleman up Stairs ?
Q. Are you sure of that ? How do you know there was no Gentleman in the Room about that Time?
Cabino. There was no Creature at that Time.
Prisoner. Please you, my Lord, I was going thro' the Playhouse-Passage, and a Gentleman took my Handkerchief off my Neck, and ran up Stairs with it. This Gentlewoman keeps a disorderly House; when I went in after the Gentleman, and went up one or two Steps of the Stairs, this Gentlewoman took hold of me and said, are you coming to rob the House ?
Q. Is this House near the Playhouse?
Gurney. Yes, my Lord, 'tis the Corner House as you go into Bridges-street.
Gurney. Please you, my Lord, there was a Gentleman standing at the Back Door, and he took hold of my Handkerchief; I had an old white Handkerchief: As I was pursuing the Gentleman, this Mrs. Howard took me into her Coffee-Room, and search'd me, but found nothing upon me. Her Maid came down Stairs about half an Hour after.
Prisoner. I told her I would have her House indicted.
Cabino. As I was going up Stairs with my Mistress's Gown I found the Glass on the Stairs.
Prisoner. I only went up two Steps of the Stairs.
Q. Who brought the Glass down Stairs?
Cabino. That Woman (the Prisoner.)
Prisoner. I believe you had this Glass to take away. I never was in the Room.
Cabino. There was no Gentleman.
One of the Gentlemen of the Jury said, the fixing up Sconces being a Branch of his Business, the Girl could not well have taken down the Sconce by herself. Acquitted .
Loat. My Lord, I have been several Times robb'd of late. My Servant told me in the Evening I was robb'd of a Pair of Grates. My Servant found the Grates at Mrs. Athill's House.
Q. What is your Servant's Name?
Q. Did you ask her how they came there?
Loat. Her Daughter told me that her Mother had bought them the Day before.
Q. Do you know the Prisoner at the Bar?
Athill. Yes, my Lord.
Q. Was she at your House at any Time?
Athill. She was at our House on New Year's-Day in the Morning with the said Grates to sell them, and my Daughter bought them.
Q. Was you present when she bought them?
Athill. I gave my Daughter a Shilling to pay for the Grates.
Q. Did you know whose Grates they were?
Q. What did Mr. Loat say?
Q. What did you say to him?
Q. If you did not know her Name, how did you find her out?
Q. Tell us how you came to find out the Woman.
Loat. Mrs. Athill's Daughter refused giving me the Grate, not thinking it proper till she had advised with her Mother, who in about an Hour's Time came to my Shop, for I desir'd she would send her to me. When she came, I asked her whether she knew the Person she bought them of. She said she was a little Woman, remarkable for fore Eyes.
The Prisoner said, she was sent by another Woman to sell her Grate. But Loat and Mrs. Athill said, she confess'd before the Justice that she took it, and if they would make it up with her, she would pay the Shilling when she could. Guilty 10 d.
Philip Burne was indicted for stealing a Flock Bed, &c. the Property of Anne Freeman of Dudley-Court St. Giles's , on the 20th of December .
Freeman. I live in Dudley-Court. I took the Room of one Ruth Burne. I lost there a Flock Bed, a Feather Bolster, a pair of Sheets, two Quilts, and a pair of Blankets.
Q. Did you furnish the Room yourself? How long have you been in this Room?
Freeman. I took it six Weeks before Christmas.
Q. Did you leave your Lodgings; how came it that your Bed was gone.
Freeman. I was oblig'd to go out to daily Labour, as Washing and Ironing, and whilst I was out, my Bed was gone.
Q. Did you go out in the Morning?
Freeman. Yes. About Six o'Clock and return'd about Seven in the Evening.
Q. Was there any Thing else gone?
Freeman. I did not miss any Things besides what has been mention'd.
Q. Did you ever see the Prisoner at the Bar?
Freeman. Yes. I saw him three Days before he took my Bed and Bedding away.
Q. Did you know what Relation he was to your Landlady?
Q. When you came home at Night, was you not much surpriz'd to find your Bed gone; did you not ask your Landlady about it?
Freeman. Yes. And she told me he (the Prisoner) took it away.
Q. And pray did not she tell you the Reason why he took it away?
Freeman. She said he had been stripping and robbing of her likewise.
Q. Did this Burne and your Landlady appear to be Man and Wife?
Freeman. No. For they were always jarring together.
Q. Was not the Bed the Prisoner took away, that upon which he and his Wife lay?
Freeman. No, my Lord.
Perkin. I know, my Lord, I saw the Bed upon his Back.
Perkin. When the Officer came to serve a Warrant upon him.
Q. Where did you see it upon his Back?
Perkin. In Short's-Gardens Drury-Lane : And I think about the 20th of December, I am not sure of the Day.
Q. Did you know the Prisoner.
Perkin. I knew him to be the very Man.
Q. Did you know whose the Bed was he had upon his Back ?
Jossiah Morphew, Constable. I had a Warrant against the Prisoner for an Assault. This Anne Freeman came and said he had got her Bed and Bedding away on his Back. Accordingly I came down Drury-Lane, and this Jane Perkin shew'd the Prisoner in Short's-Gardens: She said, run, run, he is gone under the Gateway: I catch'd him by the Collar and said, I have a Warrant against you Friend, and he threw the Bed down: Then we had a sort of a Tussle together, and I said to Mr. Fisher, I charge you in the King's Name to assist; accordingly his Man came and we had him before the Justice. I know not what became of the Bed and Bedding after.
Prisoner. My Lord, ask her, whether she was not present when I was marry'd the 3d of July; because that Woman (the Witness) swore 3 l. 3 s against me.
Prisoner. About a Week, no longer, for I was put into White-Chappel Jail.
Q. How came you take away that Bed?
Prisoner. I ask'd my Wife for a Bed and she would not give me one. This Woman, the Witness, is her Lodger, she is not worth a Groat in the World. Acquitted .
Underwood. I lost it on Thursday the 16th Instant about Four o'Clock in the Afternoon.
Q. Where was this Watch?
Underwood. It hung upon a Nail in the Chimney-Corner.
Q. Where do you live?
Underwood. At Lime-House-Hole.
Q. At what Time of the Day was this?
Underwood. It was pretty near Four o'Clock, as near as I can guess.
Q. When did you miss it?
Underwood. About ten minutes after the Prisoner was gone.
Underwood. I never saw him in my Life before he came to my House along with one Singleton.
Q. What did they come for?
Underwood. I was particularly acquainted with Singleton, who was going down with this Man to Blackwall.
Q. Singleton then you knew, and he brought this Prisoner with him?
Q. Tell me what you know further of the Matter?
Underwood. Having Occasion to go up Stairs, I left the Prisoner and Singleton in the lower Room. There was a Screen that parted the Fire-Place and the Window. Upon my coming down again, this Nicholas Singleton was talking with me about his Business at Blackwall, and in the mean while this other Fellow (the Prisoner) went out. I said to Singleton, why your Friend is gone, he never took his Leave of me? As we both sat down by the Fire, I clapp'd my Eyes to the corner Place, and missing the Watch, I said, you have play'd the Rogue with my Watch; I said, I can take my Oath I had it when you came into the House. I sent for my Husband and Brother to pursue after the Prisoner, and they found the Watch upon him.
Q. Did you pursue the Prisoner?
Eastham, This poor Man (Singleton) that was charged on Suspicion, with the Watch, coming down, we went in Pursuit of the Prisoner at the Bar, and we found him in Cable-Street at his own House. And please you, my Lord, I tax'd him about the Affair, but he would make no Confession: He was carried before the Magistrate: He would not be search'd a great while; but upon searching him I found the Watch under his left Arm, and here it is to be produced.
Q. When you found it under his Arm-pit, what did he say then?
Eastham. He said he was in Liquor and did not know what he did.
Prisoner. It was ignorantly done.
Q. Have you any Witnesses?
Prisoner. No. I was disguised in Liquor and did not know any Thing of it. Guilty .
Q. Did you lose any Table Cloths, Sheets, &c.
Lacy. Yes, my Lord.
Lacy. On the 20th of December last.
Q. From whence did you lose them?
Lacy. From my own House.
Q. What is your Husband?
Lacy. We keep a Publick House by London-Wall.
Q. How came you to suppose the Prisoner had taken them?
Lacy. As soon as I had missed them my Husband went to Pawn-brokers in the Neighbourhood, and found some of the Things.
Q. At what Pawn-broker's?
Q. Where was the other?
Lacy. At Mr. Draper's.
Q. Where did you find the rest of the Things?
Q. What did you find there?
Lacy. Four Towels, three Table-Cloths and a Pillow.
Q. Were you present when these Things were found?
Q. You only was inform'd that the rest were found in the other Places?
Q. What did she say she had pawn'd?
Lacy. One of the Sheets at Draper's.
Q. What did she say at the same Time?
Lacy. She told me Mary Nutcher had brought them to her.
Lacy. No, my Lord.
Q. Did she bring it to pawn?
Wight. To pawn, my Lord. I went to Mrs. Lacy and she own'd the Sheet.
Q. What said the Prisoner to it ?
Wight. She said nothing at all in the House. It was pledg'd to me, I only inform'd of it.
Q. What became of that Sheet?
Lacy. Yes, my Lord.
Q. Upon your seeing that Sheet, what did you do with the Woman?
Lacy. She went home with me and was carry'd before an Alderman.
Lacy. I cannot tell.
Cheney. Sir. On the 21st of December, Mr. Wight (the Pawnbroker) came to inform Mrs. Lacy, that there was a Woman come to pawn a Sheet, and if she would be so good as to come, she might find her Sheet.
Q. When the Prisoner was before the Alderman, did she own or deny it?
Dugard. I was at work at Mrs. Lacy's that Day, and when I had done my Work, I went up to make her Bed; after that I lock'd the Door and went up another pair of Stairs to make another Bed; but coming down I saw Mrs. Lacy's Door open, (at which I was surpris'd) and the Curtain bulk'd out as if somebody had hid himself. Upon that I went down and told the Maid, I was afraid somebody was in the Room. We were afraid to go by ourselves, we call'd the Man, and all three went up, and we miss'd the Things off the Bed.
Q. What did you miss?
Dugard. a pair of Sheets off the Bed, a Pillow and Pillow-Case.
Q. Do you know what became of them?
Dugard. No, my Lord. But the Pawnbroker Mr. (Wight) came to inform that a Sheet was brought to him.
Emmot. I was the Officer and charg'd the Prisoner. I went to the Prisoner's House, and we ripp'd a Flock-Bed, and there we found three Tableclothes and four Towels.
Q. Do you know them again, if you was to see them?
Emmot. Yes. I believe I should.
Q. Was Mr. Lacy's Wife present when you found them?
Emmot. Yes. My Lord.
Priso ner. Please you my Lord to ask whether I lay upon a Bed in the Compter? You say it was under the Bed where I lay. I deny that I lay on a Bed in the Compter.
Swain. A Gentleman's Servant, I lodg'd at Mrs. Lacy's.
Q. Were you at the Compter? The Prisoner said that she did not go to Bed.
Q. She own'd where she pawn'd the other Things, did she own she stole them?
Q. Was there any Woman in the Room or Bed?
Q. Was it warm, as if it had been in a Bed?
Swain. It was warm, as if it had been folded round some Person's Body.
Draper. She pledg'd a pair of Sheets with me for 5 s. that is all I know of it.
Prisoner. Please you my Lord, Mary Nutcher was at my House, and said she had pawn'd a Cloak, and brought these Things to me to pawn, to get her Cloak out of pawn, that she might go out on Saturday Morning.
Court. (to the Prisoner.) The Evidence seems presumptious that you are the Person that stole the Goods, unless you can lay the Charge to somebody else; but you are to prove it; or bring some Persons to your Character.
Prisoner. On Saturday Morning I was committed to the Compter for three Weeks, and I never saw the Sheet.
Court. 'Tis not only that, but the rest of the Sheets you pawn'd. Now you are to account for the Possession of those that were found upon you; which you do by charging them on the other Prisoner. But you ought to have some Witnesses to prove that, or some Persons to your Character.
Thomson. I live with my Mother.
Thomson. She goes a Nurse-keeping, and I take in Plain-work.
Q. How long have you known the Prisoner?
Thomson. As long as I can remember.
Q. What is she?
Thomson. She always worked hard for her Living. She has four Children. She worked at her Husband's Trade, who is an Upholsterer; but he is gone away, and the Children, I believe, are in the Workhouse.
Q. How long have they been there?
Thomson. About a Fortnight, I believe, ever since she has been under Consinement.
Q. Do you know the other Prisoner, Nutcher?
Q. Have you been often conversant with the Prisoner? Has she the Character of an honest Woman?
Thomson. Yes, I never heard otherwise.
Q. Has she no other Friends of your Acquaintance?
Thomson. My Mother was here, but was oblig'd to go away to a Gentlewoman that is a dying. Acquitted .
Morris. I was trucking of Sugars at the Keys: There were several at Work with me at Bear-Key, and one of them a Soldier; and this Man (the Prisoner) came to see the Soldier, and fetch'd a Quartern of Gin: It was almost dark when he came the second Time: My Partner saw him go into the Warehouse where the Sugar was, but he (the Prisoner) did not perceive it. My Partner said, have an Eye to the Place, there is a Man gone into the Building. As I was going down towards it, when I was come opposite to the Door, the Prisoner came out of the Warehouse; upon that I stopp'd him. I told him, I believ'd he had something there he should not have. I catch'd hold of him, and he had about 14 lb. of Sugar, the same as in the Warehouse. Some of it was thrown down, and about a Pound I found in his Pocket, of the same Sort.
Q. Did you carry him before a Justice?
Morris. Before an Alderman.
Q. Are you satisfy'd there was no Sugar in the Cloth in the Warehouse?
James - . My Lord, on the 15th of January, between four and five, the Prisoner came upon the Keys and he fetch'd a Quartern of Gin, to drink with his Acquaintance that was at work there. He return'd with the Pot and Glass out of the Yard; I believe he was gone four or five Minutes; I saw a Person go into the Warehouse, and I met the Prisoner coming out, and found 14 lb. of Sugar upon him.
Q. Did you find the Sugar upon him?
James - . It was in his Pockets, but he went up to the Warehouse and emptied his Pockets, but he still had a Pound in his Pocket.
Q. Are you sure there was no loose Sugar? Were these Sugars the same, as what you were packing up? Do you apprehend there was so much taken out of the Hogshead as that?
Morris. Yes, my Lord.
Prisoner. Did he see me take any or fling any down in the Warehouse?
Morris. There was no Sugar lying in that Place where we found the Sugar afterwards.
The Prisoner gave an Account how he came to go into the Warehouse; and being asked how he came to go in twice, he answer'd, it was for the same Purpose. Being asked how he came by that Sugar, he pretended somebody gave it him. He insisted upon his Innocency, and deny'd the Charge. But had no Witnesses nor any one to his Character. Guilty .
Miller. I have lost Hay several Times, but never knew by whom till the 17th of December last, the Prisoner at the Bar came to my House and confess'd that he had that Morning taken from me three Trusses of Hay.
Prisoner. My Lord, I never took any before.
Miller. No, my Lord. Guilty .
Q. When were they stole?
Jarvis. I cannot tell. But the Witness will give you an Account.
Perry. The Prisoner said that she had paid for them.
Q. Did you know her before?
Q. How long?
Perry. About six Weeks.
Q. Do you know any Thing of the Goods the Man has here in Possession?
Perry. The other Witness will give an Account of them.
Smith. I work in a Stall next the Street, and this Person (the Prisoner) came by me and stood a considerable Time; and said; Do you want any Thing I have got; I said, let me look upon them.
Q. When was this?
Smith. About five Weeks ago. I ask'd her what she would take for two Pair. She ask'd me 8 d. I gave her 7 d. I ask'd her whether she came honestly by them. She said, she did. She ask'd me if she should call again the latter End of the Week. I said she might. I never saw her 'till Thursday last; she came again, and ask'd me, do you want any more Leather. I answer'd I could not tell, it was so cold; but I carry'd one of these Soles to a Leather-Cutter's; and he told me, he was sure it was stolen; and desir'd me, when she came again, I would stop her: Accordingly, she came; but I said, go into the publick House and I will come to you. She went in and I bought a Pair of her mark'd 7 d. for a Groat: When I carry'd them to the Leather-Cutter, he bid me pay for them and he would come immediately: And when he came, he look'd upon the two Pair she had in her Hand, and ask'd her what she would have for them; 1 s. She ask'd, and he bid her 8d. With that, he just touch'd her by the Hand and said, How come you by these Goods: He insisted to know where she bought them : She said, she bought them of Mr. Jarvis's Maid on Snow-Hill.
Perry. No. She never bought nor paid me a Farthing for these Goods. What she bought of me was sixpenny, but these are ninepenny and twelvepenny.
Prisoner. Please your Lordship. I bought them of the Maid, a pair at a Time and never any more.
Q. Have you any Witnesses to prove it; What Business are you of?
Prisoner. I bought old Clothes and old Shoes and us'd to have them mended.
The Reason the Prisoner gave that she had not Witnesses was, that she heard she was to lie 'till next Sessions. Guilty .
May. Please you my Lord. I was landing Tobacco of Jonathan Forewood 's. I was Watchman, and this Thomas Bozely was landing the East-India-Company's Goods, and I gave him a Caution several Times in the Morning. I saw him sometimes take out two or three Handfuls of Tobacco.
May. On Thursday last I gave him a Caution several Times. I saw him take a Handful more out of a single Hand of Tobacco; and then I run by and laid hold of him, but he would not give it me: And I said, if he did not, I would cary him to the Landwaiter. The Landwaiter laid hold of him, and pull'd about 2 lb. of Tobacco out of his Pockets.
Daniel. He is a very honest Man as far as I ever knew of him.
Wilson. I have dealt with him these two Years and I never heard any ill of him.
Q. What is his Character?
Daniel. That of a very honest Man, who has behav'd well, and taken Care of his Wife and Family. Acquitted .
My Lord desir'd the Prisoner to take this along with him, that if he follow'd this Practice of stealing Tobacco, he should be sent to plant it.
Skelton. He is Landlord of the House, and he lives in the House.
Q. I would ask you, whether this Cellar you rent of him communicates with the other Part of the House?
Skelton. Yes, Sometimes I go in one Way, sometimes another.
Q. I suppose it is an open Door to the Street? Then you make Use of either Way?
Q. Do you know any Thing of the House being broke open? When was it broke open?
Skelton. As near as I can guess about a Month ago.
Q. In what Manner was it broke open? The Cellar or upper Part?
Skelton. The Cellar was broke open.
Q. In what Manner did you find it broke open?
Skelton. They had broke the Hasp off the Lock.
Q. Describe in what Manner, what Hasp?
Skelton. They endeavour'd to draw the Staple of the outer Door towards the Street.
Q. In what Manner was it broke?
Skelton. They broke the Hasp of it, they endeavour'd at the Staple, and they could not.
Q. What Hasp do you mean?
Skelton. The Hasp that goes over the Lock.
Q. When did you find it in this Manner?
Skelton. Between Six and Seven in the Morning.
Q. Did you shut it yourself?
Q. Was it dark when you found it in that Manner in the Morning?
Skelton. Yes. I was going to Market.
Q. What Market?
Skelton. Spitalfields Market. We have a Rag-Shop in our Cellar, and opposite to that we keep a Green Shop, facing the Cellar.
Q. In this Cellar you keep your Rags? You was going to Market to buy Greens?
Skelton. Yes, my Lord, I always go myself.
Q. Did it stand wide open, or only loos'd? Did you find it so loose that any Body might enter it?
Q. What did you lose?
Skelton. I believe near a hundred Weight of fine Linnen Rags.
Q. What did you do then?
Skelton. I went to my Wife and said we are robb'd, we are ruin'd.
Q. Missing these Things, what did you do?
Skelton. I did all that lay in my Power. I had my Rags cried; but could find nothing of them; I went all up and down our Way to put a Stop to the buying of them.
Q. What have you to say to the young Boy, Mayson?
Skelton. I was not there when he had done it.
Q. Did you find any of the Rags?
Skelton. In a Room up one Pair of Stairs, by the Red Cow in Church-Lane, I found the Persons that stole them.
Q. What did you say to them?
Q. Have you any Thing to say to either of the Prisoners in Relation to these Rags?
Skelton. My Lord, they both sold them, and there is now one in Court that bought them. One Stephens.
Q. How long after did you find them at Stephen's ?
Skelton. On Christmas Day in particular.
Q. What is Mr. Stephens?
Skelton. He buys Rags.
Q. Are you sure they were the same you lost?
Skelton. Please you my Lord as near as I can guess they were.
Q. Upon finding them there what did you say to Mr. Stephens?
Skelton. I let him know I believ'd they were mine. But Mr. Stephens said, you need not look over them, for I have bought them. Wherefore the Prisoners were taken up on this Occasion. Sarah Bullock own'd, that she had brought the Rags to Mr. Stephens.
Q. What Justice was you before?
Skelton. A Justice at the other End of the Town, I don't know his Name.
Skelton. She said, she did not steal them. She brought them to the Boy's Room. The Boy and Woman liv'd all together.
Q. You know nothing of the Boy being concern'd.
Skelton. No. I cannot say.
Stephens. The Prisoner, Bullock, and another Woman brought the Rags to me.
Q. When did they bring them?
Stephens. On a Monday Morning, between Eight and Nine o'Clock. By Report it was the same Day the Robbery was committed, about a Month ago.
Q. What did you say, when they came?
Stephens. The Woman said, she had got some Rags; I said, where do you use to sell them? and they said they sold them where they could have ready Money. They were half a Hundred and 12 lb. neat Weight. While I was gone up Stairs the Woman the Prisoner went out, as she said, to speak to her Master, to know whether he would take the Money.
Q. What did they say?
Stephens. They took the Money and went away, and I thought no more of it. But on Christmas Day Mr. Skelton came to my House with a Search-Warrant.
Q. Are you sure that was the Woman?
Stephens. I am sure it was, there being only that Woman and one more.
Bullock. On the 16th of December last, Joseph Mayson and I went out between One and Two in the Morning, and as soon as we came to the Cellar, I took out a pair of Pincers, with which I strove at the Staple.
Q. What, to draw it?
Bullock. Yes. But I could not draw it. I put in the Pincers again between the Lock and the Hasp, and broke the Lock in two; with that, Joseph Mayson went down: I gave him the Bag, and he fill'd it about three parts full.
Q. What Age is he?
Bullock. He is between 16 and 17.
Q. You say he went down and fill'd the Bag and brought it up to you?
Bullock. Yes. And I shov'd the Door too, and carry'd the Bag home to Red-Cow-Ally.
Q. What Time did you carry this?
Bullock. Between the Hours of One and Two; and when we came back again, before Two o'Clock, he fill'd the Bag as before. We both went back and down again.
Q. Did he fill the Bag?
Bullock. Yes, my Lord, about three parts full, and brought it to me up Stairs again, and we shut the Door too: With that, my Lord, we went home to my own Room with the Rags. At Six o'Clock I set out from my own Room and went down into the Coal-Yard, to my Mother's Room, and I desir'd my Wife and my own Sister to go with the Rags: My Wife took the Rags in my Apron herself: I put the Bag full upon Mayson's Head and the Remainder in my Apron my Wife took.
Q. And where did they carry them?
Bullock. To a Shop in St. Giles's, and they brought me Word, if I would take 2 d. 1/4 the Pound the Man would buy them. The Man where I took them from, gave 3 d. the Pound for them. I gave the Word, they should bring me so and so: With that they brought me 12 s. and 6 d. And as my poor Mother was in Want I gave her the odd 6 d.
Q. How much had Mayson of the Money?
Bullock. Six Shillings.
Q. What Time were they sold?
Bullock. About Nine o'Clock.
As the Wife of Bullock had done nothing but by
Q. Was your House broke open?
Wilson. On the 19th of December, the Day after the Fast.
Q. In what Manner was it broke open?
Wilson. There was a Quarel of Glass taken out of the Casement of the Window of my lower Room.
Q. What then?
Wilson. Then an't please my Lord, my Neighbour that liv'd opposite to me, coming home early the next Morning, saw it.
Q. By what Time in the Morning did you find it otherwise?
Wilson. My Neighbour call'd to me between One and Two o'Clock in the Morning. I found the Quarel taken out and the Casement open.
Q. Did you not miss any Thing? Did you not miss a Pewter Dish, a Pewter Plate, a Pewter Mustard-Pot, a China Cup and Saucer, an Earthen Dish and a Drinking Glass, all your Property? Having lost all these Things, what have you to say against these Prisoners?
Wilson. I saw none of them 'till they were brought to my House. I know that little one.
Q. Are you sure they are the three Prisoners at the Bar?
Wilson. I know the two little ones on the Right Hand.
Q. Which of them did you not see?
Wilson. I did not see Joel.
Q. How did they behave?
Wilson. They own'd the Fact before the Justice.
Q. In what Manner did they own it?
Wilson. They own'd they were at the doing of this Fact, and that they took part of the Money the Things were sold for.
Bullock. Joseph Mayson the 19th of December, the Day after the Fast, lent me a broken-pointed Pen-knife. I got upon this Gentleman's Bulk, the Prosecutor, at the Black-Horse; with that I took the Knife and open'd the Lead, and took out a Pain of Glass; and then I put in my Hand and open'd the Casement: I took out a Pewter Plate, a Pewter Dish and a Drinking Glass, a China Cup and Saucer, and a half Pint-Pot, a Pewter Pot and Earthen Dish :] The Pewter Plate and Pewter Dish I took myself, and Joel held the Candle, while I open'd the Window and took the Pewter Plate and Pewter Dish out: Then Joel got up himself and took out the Glass and China Cup and Saucer, &c.
Q. Where was Mayson, did he do any Thing?
Bullock. Mayson receiv'd some of these Things. The Man facing the Black Horse saw us, and follow'd us: Then I call'd Joel, and he laid with me 'till next Morning. Mayson said, he was going to the other Side of the Water to his Sister; and that she had sold the Things for half a Crown.
Tellinson Torvey. The Fast Day at Night we went over the Water and we stay'd playing at Cards 'till between One and Two in the Morning. I live opposite to Mr. Wilson's, by the May-Pole: Before we could put the Fire out, I heard one call thro' the Window to light a Candle; I said my Mistress and I had been out late. It was Bullock that spoke, I could swear to him among a Thousand. I seeing a Light at my Neighbours Door, look'd out and said, the Black-Horse is broke open. They would not stir 'till I open'd the Door; then they all run away, and Joel was upon the Bulk handing down the Dish. Mayson confess'd the Fact before me in Mr. Wilson's House. Joel did not speak in my hearing. Guilty Death .
Hilliard. A Linnen Cap, an Apron and a Shift.
Q. When did you lose them?
Hilliard. On the 12th of November.
Q. Where were they when you lost them? Where were your Lodgings; and how came the Prisoner into your Room?
Hilliard. She had no where else to sit.
Q. When did you first miss your Things?
Hilliard. When I came home at Night. The Prisoner confess'd before the Justice, that she took and sold them in Rag-Fair.
Q. Where were they?
Hilliard. In a little Box. There was nothing of any Value besides what she took.
Q. (to Sarah Browning .) What do you know of the Prisoner at the Bar ?
Browning. Please you my Lord, this Frances Hilliard lodg'd in my House. She came to our House and desir'd I might let her stay till Joseph Hilliard came home; and I told her, that if she would wash for me the next Day, she should abide with me.
Browning. When she examin'd, she found that she had lost other Things.
Q. Did you charge her with taking away these Goods?
Browning. Yes. This Woman, the Day she found her, charg'd her with her Child, that she had drawn away.
Q. What did she say?
Browning. I did not see her that Night, but she confess'd before Justice Manley, that she sold the Things in Rag-Fair.
Prisoner. I am innocent of the Affair.
Q. Have you any Witnesses?
Prisoner. I have not a Friend in the World. Acquitted .
Evers. About Five o'Clock in the Evening, when I came home, the Petticoat was gone.
Wright. This was the Woman that came in accidentally. I saw her take it; I went and fetch'd her back to the Shop.
The Prisoner had little or nothing to say in her own Defence. Guilty 10 d.
Griffin. At different Times: We lost two Dishes, four Plates, and two Smoothing Irons.
Q. Where did you live?
Q. What did you lose at any other Time? Four Plates you say, the 4th of November; three Plates at another Time? Do you know who took them away?
Griffin. I know they were sold to two Pewterers.
Q. Where did you take him?
Studdard. He lodg'd at Griffin's. I took him and carry'd him before Justice Manley.
Beak. The 9th of November, he (the Prisoner) brought four Plates to me to sell.
Q. What Plates were they?
Beak. They were pretty old, there were no particular Marks upon them, neither had I any Suspicion of them. I gave him 2 s. and 4 d. 1/1 for them.
Q. Did he appear as a Soldier when he came to you?
Beak. Yes. I ask'd the Prisoner about them; he told me they were his Brother's.
Penson. A Pewterer, 'Prentice to Mr. Tyson, King-Street, Westminster.
Q. Give an Account of what you know of the Prisoner at the Bar?
Penson. Upon the 9th of November he offer'd three Pewter Plates, and when he gave them me, I examin'd the Mark; and he told me I needed not to be afraid to buy them, they were his Brother's.
Q. Did you buy them?
Penson. Yes, my Lord, I gave 2 s. and 1/2 for them.
Griffin. In mine.
Q. Are these the Plates, what are the Marks?
Griffin. S. M. G. The same as he said was his Brother's Name, and S. M. G. is my Husband's Name and mine.
The Prisoner call'd for no Witnesses, and had nothing to say in his own Defence. Guilty .
Sarah Reynolds , on the 18th of December .
Q. Where did you lose it?
Reynolds. In the Yard.
Q. How came it in the Yard?
Reynolds. I hung it out to dry.
Q. When did you lose it?
Reynolds. Last Fast-Day, my Lord.
Constable. I know nothing more than taking the Prisoner.
Harrison. There was an Outery in the next House; and she, the Prisoner, run away and hid herself directly when the Gown was amissing; she hid herself in the Cellar.
Constable. In Lead-Court. She gave the Gown to me and begg'd for God's Sake to let her go, and she would never do any such Thing any more.
Prisoner. No. Guilty .
Bradstreet. Yes. Of 20 d. per Week.
Q. When did you let them?
Bradstreet. About the 18th of December last,
Q. Did any Body lodge with her in these Lodging?
Bradstreet. She took it for her and her Husband. My Lord, she went by several Names, but she writes under her Hand, that Cripple was her Name.
Q. When did you miss any Goods out of the Lodging?
Bradstreet. Hearing an ill Character of her, I said she should not be in my House. I went into the Room, and said to this Sarah Bennet , where are the Sheets that were on the Bed? She said they were in Pawn, and she would get them out.
Bradstreet. About the 18th of December.
Q. Did you let these several Things, in the Indictment, with your Lodgings?
Bradstreet. Yes. When they went to take Lodgings at my Neighbour's, that Neighbour heard, that they had brought in some of my Goods, which are mention'd in the Indictment, and that Sarah Bennet had sold the Quilt and other Things for 2 s. 9 d. by the Direction of Mary Cripple . My Lord, I told Mary Cripple I had no Mind to hurt her, and said if I had my Goods, I would not go before the Justice.
Elizabeth Williams . I never knew these People in my Life before they took a Room of me. They took it the 17th Day of December, and they brought in nothing that Night, but the next Night they did; a Bed and some odd Trifles.
Williams. I live in the Neighbourhood.
Q. What did they bring in?
Williams. They brought a Bed, a Chair and some Trifles. Next Morning as I was in Bed I heard a Noise. Upon that, I enquir'd, and they carried out the Covering of the Bed and Chairs, except the Bed and Pillow: I heard that they brought in Goods that were my Neighbour's, and I went and enquir'd, and I confin'd these two Women in my House till the next Morning; then Mrs. Bradstreet came and brought a Man with her, and they went to her House.
Bennet. They hired me to sell these Things, and I sold them in Moorfields for 2 s. that is all I know of the Matter.
Williams. As near as I can remember, it was Last Monday was sen'night.
This great Difference in Point of Time set aside this Evidence. Acquitted .
Thomas Usher . On December the 12th, between Twelve and One, as I was sitting in Mr. Galopine's Compting-House I saw a Woman, the Prisoner, walk softly out of Doors; I immediately follow'd her, and laid hold of her, and I found the Shoes in her Lap.
Q. What did she say?
Usher. She said it was the first Time she had ever done any such Thing.
Galopine. I have lost a great many Pair of Shoes.
Usher. She must have gone up for these Shoes seven or eight Stairs.
The Prisoner had nothing to say in her own Defence, but that she underwent many Harships. Guilty .
Isaac Ogden . I missing my Cheese and hearing some Noise in the Street, went out and took the Cheeses upon the Prisoner. He confess'd the Fact. I carried him before Justice Quarril. He confess'd he took the Cheese from the Bulk, and handed it down to the other Boy.
The Prisoner had nothing to say for himself, neither had he any Witnesses. Guilty 10 d.
Nicholship. A Pair of Sheets, a brass Candlestick, &c. They were all produced in Court.
Q. When did you lose these Goods?
Nicholship. I don't know when they were lost. I missed them last Monday sen'night.
Q. How came you to suspect the Prisoner at the Bar?
Nicholson. She was my Lodger.
Q. Where did you find your Goods?
Nicholship. At the Pawnbroker's. She told me she took them away, and what they laid there for. Acquitted .
79. Thomas Sockwell , of Penitent-Street , Ratcliff-Highway , stands indicted for unlawfully and willfully exercising Part of the Office and Function of a Popish Priest, against a Statute made and provided in that Case, in the Reign of King William III . to prevent the Growth and Spread of Popery .
Addison. I have seen him act with Crucifixes. It was done in Ratcliff-Highway in a Room of his own House in Penitent-Street. I have never seen him act any Thing abroad any where. I have seen a Parcel of People come in of a Sunday Morning.
Q. What are you? What was you formerly?
Addison. I was a Protestant from my Cradle.
Q. Can you fix the Time when you saw this.
Addison. It was about two Years ago, my Lord.
Q. Now tell me what you have seen him do, when these People came to his House?
Addison. There has been a Bason of Water, and as they came in, they dipp'd their Hands in this Water, and after that I have seen them kneel down, and they have taken Beads out of their Pockets, and there was a Parcel of Images, and they seem'd to me to be made of Wax. Their Beads hung upon their Arms.
Q. What then?
Addison. I have seen them reckon their Beads.
Q. Where were the Images placed?
Addison. Upon a pretty long Table he had.
Q. How many were there of those Images.
Addison. I believe there were about seven, and I believe they were made of Wax.
Q. When this Preparation was made, what did you observe of this Prisoner at the Bar?
Addison. I have seen him walk backwards and forwards with a Crucifix in his Hand. He read in an unknown Tongue, that I could not understand a Word that he spoke. It seem'd to me as if it was all Latin.
Q. Did he hold the Crucifix in his Hand?
Addison. In his Hand, please you my Lord.
Q. You don't understand Latin yourself?
Addison. No, my Lord. Then they all kneel'd down and went to Prayer.
Q. In what Language did he read Prayers.
Addison. In an unknown Tongue.
Q. Did he kneel down as well as the People?
Addison. Yes. My Lord. From the Posture they were in, I judg'd it was Prayer.
Q. Did he hold the Crucifix in his Hand when he read Prayers ?
Addison. He held it down, please you my Lord.
Q. Did you observe any other Persons to hold a Crucifix in their Hands.
Q. Pray did you know any of this Congregation?
Addison. Yes. There were three that lodg'd in the same House; a Man and his Wife and a single Woman.
Q. I want to know how you knew these People?
Addison. I lodg'd in the House, please you my Lord. He wanted to turn my Wife and I to his Way of Thinking, from a Protestant to a Roman; And told me that was the best Way to save my Soul and go to Heaven. And told me, that if I continu'd in the Protestant Way, I should be d - n'd to Eternity: But if I would be of his Opinion I should have the Holy Ghost come down upon me, and I should be as wide awak'd as could be, and that the Holy Ghost should breathe three Times in my Mouth, and rest for the Space of a Minute or two, and then the same again; and I should be in a great Agony of Pain, my Lord: And the Prisoner said, he acted in Lincoln's-Inn-Chapel, when the Priests have been taken ill, and at Spitalfields, my Lord.
Q. When did he say this to you?
Addison. At the same Time, please you my Lord.
Q. Do you know any Thing farther?
Addison. He told me, he acted at several Places in the Country; while he went in the Way of buying of Hair.
Q. Did he acquaint you what he was doing when he was in his Room?
Addison. He told me, he was brought up a Romish Priest ever since he was 10 Years of Age.
Q. Do you know any Thing more?
Addison. There was a Male Child brought in to be christen'd.
Q. What, the same Day?
Addison. No. Of another Day, please you my Lord.
Q. When was that?
Addison. I take it to be Sunday following, to the best of my Memory.
Q. You say the Male Child was brought in to be christen'd, what did he do?
Addison. He took the Child into his Arms naked, and there was a little Gallypot that stood upon the Table, and he cross'd the Child several Times, and said some Expressions in an unknown Tongue.
Q. What was there in the Gallypot.
Addison. Whether it was Water or Oil I cannot sell.
Q. Where did it stand?
Addison. The Gallypot stood upon the Table.
Q. Did you observe any Sponsors there, or any Thing of that Kind?
Addison. No, my Lord. Then they kneel'd down and went to Prayer.
Q. Did you observe no Godfathers, nor nothing of that?
Addison. No, my Lord. But they continu'd in their Way of Praying, about 13 or 14 Minutes, to the best of my Knowledge.
Q. Pray did you give him any Reason to imagine that he would convert you?
Addison. Yes, an't please you my Lord. I told him I would consider of it. No further Satisf action I ever gave him. But as I was brought up a Protestant, I design'd to die in it. When he got up from Prayer, he said a few Words in an unknown Tongue. And the Women that were there, curtsy'd to him, and one of the Men on going away gave him a Crown or half a Crown, I cannot say.
Q. Do you know any Thing farther?
Addison. Nothing more about that.
Prisoner. Please you, my Lord, he has not spoken one Word of Truth, in what he has declar'd.
Addison. Thirteen or fourteen.
Q. Was the Child brought in naked?
Addison. Brought in in Flannel; And was given to him naked. He held it upon his Right Arm and put his Finger in the little Gallypot.
Q. Do you know any of the Persons that were present there?
Q. So you don't know whether they were Romans or not?
Addison. That I cannot say or swear.
Q. Have you any other Witnesses?
Addison. My Wife, the Witness, is dead and buried.
Prisoner. I was bred an Irishman; served my Time at Newcastle upon Tyne. After I came up to London, I follow'd my Business, and kept four or five Journeymen; but met with many Losses. When I took in the Prosecutor, I took him in upon Charity : His Wife was an aged Woman. He pretended to go into Business as a Painter, and I never receiv'd but 18 d. of him. When he went away, I took Pity on him, and I gave him a little Gin. At the other Lodgings they went to, I heard his Wife died for Want Please you, my Lord, I got
Prisoner. To prove my Business.
Griffith. I have seen him when he has come to Addison, in order to get the Money that he owed him.
Q. Have you heard any Conversation between Addison and the Prisoner about his Debt?
Griffith. This Addison lodg'd in my House, but he was in such Circumstances at that Time that he had nothing to help himself, and I got his Wife buried for him. And after she died, I gave him a clean Pair of Sheets, and he staid some Time afterwards, and kept the Key for a Time, and when he deliver'd me the Key one of the Sheets was gone.
Q. You know nothing of the Prisoner but as he came to enquire after Addison?
Griffith. No, my Lord, nothing else.
Lambert. Yes, my Lord, I have had Dealings with him for many Years.
Q. In what Way?
Lambert. In the Hair-selling. He has been in that Way for many Years, and in a very mean Manner.
Q. Do you know any Thing of his being a Popish Priest?
Lambert. I really believe that he is not.
Q. You think he has Wrong done him?
Lambert. Yes. And this is one Reason; I take him not to be qualified for that Office, let him be of what Church he will.
Q. Do you know any Thing farther?
Lambert. I know nothing of his Principles of Religion. 'Tis so far from it, that I never heard him talk about Religion. I cannot think but if he was one of the Romish Church, they would have made better Provision for him, for no Man ever lived in a meaner Manner.
Cole. About ten Years.
Q. What was his Business?
Cole. He dealt in Hair, I have bought a great deal of him in my Time.
Q. Do you know any Thing of his being a Popish Priest?
Cole. No, my Lord, I never heard nor knew of any such Thing.
Cole. I am a Protestant, I assure you, my Lord; I am upon my Oath, I would not appear for him if I knew that he was not a Well-wisher to the present Government.
Bannister. I am a Protestant.
Q. How long have you been acquainted with the Prisoner?
Bannister. About 23 Years. I was a Servant with him about 22 Years ago.
Q. Did he at any Time endeavour to convert you to the Popish Faith? Did you ever see any Thing of his officiating as a Priest in any Degree? Did he use to have a Congregation come to his House?
Bannister. No, my Lord, and I have seen him drunk and sober, and I have never seen any such Thing.
Q. (to Mary Webb ) How long have you known the Prisoner?
Webb. I have known him about two Years and an half. I lodg'd in his House.
Q. What is his Business?
Webb. Preparing of Hair for Wigs.
Q. Have you observ'd any Congregation to resort to his House? Have you observ'd any Images in the House?
Webb. No. Nor Beads, and I have been all about the House.
Q. What are you?
Webb. A Protestant. Neither I nor my Husband ever heard the Prisoner talk about Religion.
Gibson. Hair-curling, my Lord.
Gibson. A Protestant, my Lord.
Q. You lodg'd at his House, did you?
Gibson. Yes. About half a Year.
Q. Do you know of any Congregation at his House on a Sunday?
Gibson. Never, my Lord.
Q. Did he ever attempt to convert you to the Popish Religion?
Gibson. No, my Lord. I never heard him say a Word about Religion.
Bear. Thirteen Years, my Lord.
Q. What are you?
Bear. A Protestant.
Q. What hath been his Manner of Dealing?
Bear. In Hair, my Lord.
Bear. I have been all over his House and never saw any such Thing.
Bear. No, my Lord. I never heard him talk of Religion.
Addison. About a Month ago. I never gave any Information against him before.
North. About 10 Years.
Q. Are you a Protestant or a Papist?
North. A Protestant.
Q. Have you been pretty conversant with his Family?
North. Yes, my Lord.
Q. Did you ever see him officiate as a Romish Priest? Ever see any Crucifixes or Images? Did he ever make an Attempt to convert you to the Roman Catholick Faith?
North. I never heard him speak of any Thing of Religion in my Life.
After his Lordship had summ'd up the particular Evidences, he concluded thus; Gentlemen, you are to consider whether the Prisoner at the Bar be guilty of this Fact or not: The Punishment is a very severe one, 'tis perpetual Imprisonment without Bail or Mainprise. Before you convict the Prisoner of this, you ought to have full Evidence, and consider how this Fact appears. Addison, the Prosecutor, had known of these Things for a considerable Time: Makes no Discovery of it, 'till the Proclamation is publish'd, of 100l. Reward, which is dated the 6th of November, 1745, at St. James's. In the next Place, Gentlemen, you'll observe, the Man by his Appearance, does not seem to be a Man of Learning at all: It appears he has got his Livelihood, and a very mean one too, by dealing in Hair. A Number of Protestants have had Dealings with him. Some of them have lodg'd in his House: They swear, they never saw any Appearance of his performing Mass or having any Images, nor of making any Attempts to convert them: And Persons of that Character are very apt to make Converts. Tho' 'tis true, where they endeavour to make Converts they ought to be punish'd; yet, Gentlemen, before they are punish'd, there must Satisfaction be given to the Country, that they are guilty. In the present Case, it does appear, there is a Demand the Prisoner has on the Prosecutor: It is a considerable Circumstance in this Cafe, whether the Reward of 100l. is not to pay this poor Man the Prisoner, as appears by the Prosecutor's needy Circumstances. Acquitted .
80. 81. George Gunel and John Sayers stand indicted together with Henry Gunel and John Pageing for unlawfully and feloniously assembling themselves together, on the 12th of May last, being arm'd, with Fire Arms and other offensive Weapons, in order to the aiding, assisting, the running, carrying away of certain uncustom'd Goods, viz. a large Quantity of Tea .
There were two Council in this Cause for theGeorge Gunel degree and John Sayers were upon the 8th of May last, at Redhill , in the County of Surrey ; there they had loaded about 208 lb. of Tea. At that Time, Henry Gunel , who is not taken, and George Gunel and the Witnesses we shall produce, were arm'd with Fire-Arms and Cntlasses. After this, when they had got their Tea loaded at Feltham, there they dispos'd of about half of it: The 12th of May they set forward with about 200 lb. of the same Tea: At that Time they were every one arm'd. George Gunel had a Gun: The Witness was arm'd with a Carbine and a Cutlass, and in this Manner they proceeded to Tyburn-Road. There the Tea was deliver'd into the House of one Salmon: In this Place it was that the Prisoners were apprehended.
Council. We shall prove the Fact, and we doubt not but you Gentlemen of the Jury, will give a Verdict, that will do Justice to the King and Country.
Groves. Yes. I do.
Q. What was done there?
Groves. We brought 200 and a half of Tea from Redhill.
Q. Where did you carry this Tea?
Groves. To a Place call'd Feltham.
Q. Were you all concern'd in carrying this Tea?
Groves. Yes. And upon the 12th of May we brought it to London.
Q. Who was present with you?
Q. Did you all come from Feltham ?
Groves. Every one of us came up to Tyburn-Road. When we brought it to Tyburn-Road we threw it over the Wall, and a Man took it in, and then we went into the House.
Q. What Time was it when you met at Feltham ?
Q. What did you do with these Goods?
Q. How long have you been acquainted with them?
Q. Did you know them to be Smugglers?
Wellbeloved. No, my Lord, I never knew them to smuggle at all to signify.
Q. What is their Way of getting their Living?
Wellbeloved. They are Day-labouring Men.
Q. Are they Men of good Character?
Wellbeloved. My Lord, no Body will give them a bad one. And they that swore against them are the worst Men of all.
Q. What do you mean by worst of all?
Wellbeloved. In threatning Men with Arms.
Council. You told us just now that they smuggled not at all to signify. I suppose, that did not signify?
Q. What is his Character?
Ride. He bears a very honest Character as far as I know.
Q. What Character does he bear?
Goodwin. I never knew any Harm by the Man in my Life.
Q. How does he get his Livelihood?
Goodwin. By his Labour, by what I know.
Q. Is he reputed to be a Smuggler?
Goodwin. The World is very censorious. But I never saw any such Thing.
Council. Where do you live?
Goodwin. I live at Feltham.
Wilds. He bears a good Character and is well belov'd in the Place.
Wilds. I never knew of any such Thing.
Q. Is he not reputed a Smuggler?
Cromwel. I don't know any Thing that he smuggles.
Q. What is his Character ?
Bunn. That of a very honest Man, and he pays every Body their own.
Q. What is his Character s
West. A very honest Man.
Q. You know nothing of his dealing in run Goods.
West. No, my Lord.
Q. What is his Character?
Pew. That of a very civil honest Man.
Q. Do you know any Thing of his being suspected as a Smuggler?
Pew. No, my Lord. I know nothing of his Smuggling.
Q. What are their Characters?
Q. What is his Business in your Country?
Laden. Sir. I don't know, we don't ask People their Business.
Q. What is his Character?
Samson. That of a very honest Man, as far as ever I heard.
Q. You don't look upon Smuggling in your Country to be a very dishonest Thing?
Samson. No. My Lord, I never heard.
Pile. An Officer.
Q. What is the Business of the Prisoners?
Q. Was that near you?
Eastland. Yes, my Lord. And the Child stood between him and me. The Child was about 13 Years of Age.
Q. How far was it from you? And how far from the Prisoner?
Eastland. About half a Rod. The Prisoner turn'd round all of a sudden, and pointed his Gun, as I thought, to shoot at me. But whether or no, I cannot say. He went to discharge his Gun and it would not go off.
Q. Do you know whether he try'd to let it go off?
Eastland. He levell'd it, and it would not go off. He pull'd Powder out of his Pocket and discharg'd the Gun immediately. I clapp'd up at the End of the Tavern, the Child was nearest, about half a Rod, as near as I can guess.
Q. Was the Child and you in the same Position?
Eastland. I was in the Street, and the Child on the Cellar-Steps. The Cellar-Steps come into the Street. He discharg'd his Gun and the Child fell off the Steps direct ly. I saw him level his Piece, pointing it, as I thought, towards me.
Q. So you thought the Gun was pointed at you?
Eastland. He discharg'd the Gun and hit the Child, and the Deceas'd fell down the Cellar-Steps.
Q. What follow'd after this?
Eastland. I heard a great Outcry in the Cellar, and there were several there, and a great deal of Blood issued out of the Child's Breeches.
Q. Did he die directly?
Eastland. No, my Lord.
Q. What did the Prisoner do after he had done the Mischief?
Eastland. He put the Gun upon his Shoulder, and went up the Street as fast as he could.
Q. Where was he when the Gun was discharged?
Interpreter. He was at a Publick House. The Soldier standing in the Street, he saw him discharge his Gun.
Q. Ask him how near he was to the Soldier when he saw him discharge his Gun?
Interpreter. As near as that Door, ( pointing to the Door of the Court.)
Q. Ask him whether he saw the Soldier when he was coming along ?
Interpreter. He, the Prisoner, was just going to discharge his Gun, when this Man, the Witness, came, he was behind the Soldier.
Q. Ask him whether he saw the Soldier before he did discharge his Gun?
Interpreter. No. But it went off immediately as he saw him. He was firing into the Cellar.
Q. Ask him if he saw the Boy?
Interpreter. He did not see the Boy before the Gun went off.
Q. How far behind the Soldier when the Gun went off ?
Interpreter. Not quite so far as the Door of the Court. After the Gun was fired, he went to the Cellar and heard the Outcries.
Q. What became of the Soldier?
Interpreter. After One o'Clock they brought the Soldier to the Publick House. And the People that brought him advised him, the Prisoner, to tell the Justice that the Affair happen'd by Accident.
Q. Ask him whether he saw any Woman standing with her Back to the Tavern?
Interpreter. No. But he saw the Man pointing his Gun to the Cellar.
Q. Are you any Relation to the Deceas'd?
Carter. Yes. I am his Brother.
Q. Did you know this Soldier before?
Carter. Yes, he lodg'd in my Mother's House. He laid his Hand upon my Head, and said, he loved me, but hated my Brother, that he was a sulky old Dog, and he would shoot him directly.
Q. Who was a sulky old Dog?
Carter. My Brother. They us'd to call him the old Man. Then he put his Hand in his Pouch and took a Cartridge of Powder out and prim'd his Piece and fir'd it directly.
Q. How far was you from your Mother's House?
Carter. My Mother lives the next door to the Cellar.
Q. When you saw him load his Gun and prime it, did you see your Brother?
Carter. Yes, my Lord. He was two Steps down the Cellar.
Q. What did he do with his Gun, after he had prim'd it?
Carter. After he had done, he levell'd it at my Brother and then put it upon his Shoulder and went away.
Q. Did you say nothing to him, when he talk'd so about your Brother?
Carter. No. My Lord, not a Word.
Q. And what happen'd after this ?
Carter. Then, my Lord, I run to the Cellar and my Brother was full of Blood, and I dragg'd him to the middle of the Cellar.
Q. What became of your Brother?
Carter. He was carry'd to the Infirmary. And beliv'd 10 Days.
Q. How long had this Soldier lodg'd at your Mother's?
Carter. He lodg'd about a twelve Month, my Lord.
Q. Were you not surpris'd to hear him talk thus about your Brother?
Carter. No, my Lord. I thought he had been about to flash his Gun, I did not think he was about to shoot.
Council. While he lodg'd at your House, was he not frequently familiar with your Brother, playing with him. Do you remember at any Time, he made him a Present of a little Ivory-headed walking Stick.
Carter. He gave it between us both, said, we were to toss up for it.
Council. Pray did you not that Day beg some Powder yourself.
Prisoner. Ask the Boy, whether he did not ask me for a Cartridge of Powder as I was going in at the Door the same Day. The Question was put to the Boy, but he deny'd it.
Susanah Hatton. My Lord, the Child stood up on my Cellar-Stairs. I had his little Sister in my Lap below. He, the Deceas'd, came down for his Sister, to come up to Dinner, and the Child would not come up with him, but the Deceas'd said, Day Day, upon the Stairs.
Q. Could any Body in the Street see the Child? Did you see the Prisoner?
Hatton. No. I never saw him. When the Gun went off, the Child was frighten'd, and said, Dixon had done it; I fell into, that is all I know of it.
Barker. I saw him the 30th of December. I examin'd the Wound as soon as he came in.
Q. Did you see what had occasion'd the Wound?
Barker. The Ball was not lodg'd in the Side, but went quite thro'. I put my Finger into the Wound, and found several Pieces of shatter'd Bone.
Q. Did the Boy live or die?
Barker. He languish'd about ten Days.
Q. What do you believe was the Cause of his Death?
Barker. The Wound that he receiv'd by the Ball, in his Side, was the Cause of his Death.
Ford. I know that he lov'd the Deceas'd entirely well. Last Quarter Day he paid the People 15 s. and gave the Deceas'd an Ivory-headed Cane, and mended their Shoes &c.
- Levet. Please you, my Lord. I saw the Lad, the Deceas'd, come to the Prisoner on the Parade, where we are paid, as near as I can remember, the Friday before Christmas-Day.
Q. Did he take Notice of the Boy, in regard to any Friendship he had for him?
Council. Did you remember sending any Thing to him on Christmas-Day?
Levet. The Prisoner's Wife sent them some Plum-Pudding. And I believe he would be far from doing any such Thing.
Tyler. All that I have to say is this. About a Fortnight before the Thing was done, the Prisoner brought the Deceas'd up Stairs, and bringing the Child up, his Shoes were unripp'd, Says he, George, the Man that mends your Shoes has not done you Justice, and when you want them mended, I will mend them for you.
Jeffery. I was going the 30th of December over London-Bridge; opposite to the new Building upon the Bridge, I was forced to put up in a Door Way, to get out of the Way of the Coaches: I had no sooner got up in the Door-way, but a couple of Fellows rush'd, the one behind and the other to one Side of me; I striv'd to get into the House, the Prisoner kept me from going back, and the other from going forward. They took an Opportunity, one of them, to pick my Pocket of 20 l. When the Coach was gone they went off. I had the Presence of Mind to clap my Hand to my Pocket, and I found my Money was gone. I cried out Stop Thief. In running I fell down, but got up again. This Williamson, the Prisoner, makes into a Pinmaker's Shop at some Distance; as soon as I cry'd out Stop Thief, I saw a couple run; and one, that is the Prisoner, went into the Pinmaker's Shop. He endeavour'd there to pull his Coat off, I suppose to disguise him-self: He ask'd to buy some Pins. Asking to buy some Pins, the little Boy calls to the young Man: But he did not want any: But the young Man seiz'd him: And when I came up, I said, you Rogue, you have robb'd me, where is my Money? Says he, I have not robb'd you, but you have, says I: Look down there says he, there is your Money. One of my Witnesses pick'd it up.
Q. Where was your Money, in a Bag or Purse?
Jeffery. It was in this Bag. The Bag was produced in Court.
Q. And the Money that lay at his Feet in the Bag, was the Money you lost out of your Pocket?
Jeffery. Yes, my Lord.
Q. Do you know any Thing more?
Jeffery. We carry'd him into the Haberdasher's House, and we charg'd a Constable with him.
Q. Had you any Talk with him afterwards about it.
Jeffery. He sent People to get me to be favourable to him.
Q. Was it taken by Slight or by Force?
Jeffery. By Slight.
Prisoner. Did you see me about your Pocket?
Jeffery. To the best of my Knowledge you are the Man.
Q. Then neither of these threaten'd you, but only took this Money out of your Pocket by flight of Hand? This cannot possibly be any Robbery; that must be a taking with Violence. This Indictment is for a Robbery on the Highway.
Henry Payne . Please you, my Lord, I live with Mess. Hood and Dale on London-Bridge. On the 30th of December, about Five in the Afternoon, all of a Sudden, I heard a Noise of Stop Thief; upon hearing which I run out of our Warehouse: I catch'd the Prisoner at the Bar by the Collar, and turn'd him on one Side of the Door Post; I held him a few Minutes before the Gentleman that lost his Money came up. You Rogue, says he, you have robb'd me of 20 l. I look'd very sharp at him, but had not the Wit to search him. The Prisoner said he had not got the Money; but before these Words were out of his Mouth I catch'd the Bag between the Spar of the Post and my Foot; upon which I directly call'd to Mr. Jefferies, and said, here is your Money, and gave it into both his Hands and bid him hold it fast. I held the Prisoner still fast by the Collar; and Mess. Hood and Dale were both at Home, and I call'd my Master out of the Compting-House into the Shop. My Master came up; I bid Mr. Jeffery take the Money, and they told it over and it was exactly 20 l.
Prisoner (to Payne.) Did you see me drop the Purse?
Payne. Before the Words you express'd to Mr. Jeffery, There is your Money, were out of your Mouth, I catch'd it between the Spar of the Post and my Foot.
John James . Please you, my Lord, on the 30th of December, 'near Five in the Afternoon, I live between half way of the Pinmaker's and where Mr. Jeffery was robb'd: I saw Mr. Jeffery fall down and get up again dirty. I heard him cry out Stop Thief, Stop Thief. I saw the Prisoner at the Bar run into the Pinmaker's Shop. I was but a few Minutes after him before I got to the Door. A Woman cry'd out, there is one run in there.
James. No, I stopp'd at the Door, and then the Prisoner had almost got his Great Coat off.
Q. What happen'd after he came out of the Pinmaker's?
James. Henry Payne was before him and I was behind him. I saw the Money taken-up by Henry Payne . After the Bag was taken up I went to Mr. H's; was with him all the Time. The Gentleman of the Shop he follow'd. The Prisoner said he was then going over into the Borough.
Anne Hollis . I was going over the Bridge when this Aff happen'd. I up near the Shop; standing up, absence of People were coming by. This here Gentleman had a wherein Coat upon his Arm. The Coach was one. There was a Couple of Men push'd by me. I saw a Man with a whitish Coat upon his Arm; I saw an elderly Man, upwards of Forty: I saw another Man, Sir, run under the Horse's Belly, the other Side of the Way; and directly some body halloo'd, Stop Thief: And two Men went, and the elderly Man in a brown Coat dropp'd something in a Bag; then directly the Crowd come.
Hollis. Whilst the Prisoner was at liberty.
Hollis. I made the best of my Way home, and when I came home I told my Neighbours how I saw an innocent Man serv'd. They told me the best Way to serve the Man would be to enquire whether he was in Consinement: Accordingly I did, and went to Newgate and gave a small Trisle, a Sixpence, to enquire about him.
Tow. The Way I was first acquainted with him was, he bought a Dozen or two of Shoes of me; he deals in the Country. This Man has dealt with me, Times, ever since, and I know nothing amiss of his Character, he has paid me very honestly for what he has had.
Lucas. Yes, four or five Years: He has come to my House, and eat and drank there; I never heard any Ill of him in my Life.
Powel. All that I known of the good Man is, that he used to deal in the Country. He used to sell cloth, and deal in all manner of pedsing Things.
To this Evidence a Gentleman in Court objected, That an Evidence own Character ought to be enquir'd
Upon this the Court mov'd, That if he attempted to give the Character of the Evidence, he must be sworn.
Burridge. He keeps a very disorderly House. Country Dick was taken out of his House, and several others. It's reputed as disorderly a House as any in England. 'Tis by St. Giles's Pound.
Hollis. No. Guilty of Felony .
Allen. I lost a Pillow and Bolster the 30th of December. My Servant will give a farther Account of the Matter.
Hannah Osborne . I saw the Prisoner go into the House; and I thought that she went for something to the Lodgers. When she came out, I saw a Bolster hang out of her Lap: I said, you have got something that is not your own; and I run after, and cried, Stop Thief; and a couple of Soldiers stopped her, and brought her back. When she was pursu'd she threw the Things down, and attempted to run away.
Prisoner. Now, Child, how can you say so, when you cry'd, Stop Thief, did you not see another Woman run away?
Prisoner. I am a hard-working Woman. Guilty 10 d.
Mary Marriot . Please you, my Lord, I was at Newgate-Market buying some Fowls, on the 7th of December last, of a Saturday Morning, before it was well light. There were two Dozen and eight Fowls, and six Ducks. Whilst I was bargaining I felt something justle against me, and immediately I miss'd this Box, where there was a Guinea and a Half in Gold, and a Nine-shilling Piece in Gold. Turning short round about me, when I miss'd them, I saw a young Lad stand, and the Prisoner at the Bar; I clapp'd hold of the young Lad, and said, I had my Pocket pick'd, and cry'd out, Give me my Money, give me my Box: And the Lad said, he had none of my Money, nor my Box. I cry'd out again, Give me my Money, &c. With that, the Lad, in a little Time, gave me my empty Box; and this young Man, the Prisoner, stood by him. I did not see him take the Money out, or know how he came by it.
Q. What became of the Boy?
Marriot. He run away.
Q. What have you else to say?
Marriot. Nothing else, but I saw this young Lad, the Prisoner, stand by him at the same Time.
M' Adam. While this Woman was buying the Fowls I perceiv'd the Prisoner and another standing by me, near a Quarter of an Hour. When we had bargain'd, the Woman went to pay me; but she was in a very great Fright, and said, I am robb'd, I have lost my Money. I think they were then both standing by me; but when I look'd again they were both gone. Upon this I run five or six Yards through another Stall in Newgate-Market: I took the Prisoner in a Turning on the Right-Hand, while the other was running on the Left. I took him, and sat him down by me. I ask'd him several Questions; Who he was? and, Whence he came from? but he could give but a very indifferent Account. And in a Day or two he was had before an Alderman in Guildball; there he was question'd if he knew any thing of it? He denied it; he said he knew nothing of it. Afterwards, when we were coming out he said very wicked Words; that he would have an Eye upon our Blood, or Words to that Purpose.
The Prisoner said of this Evidence, he would hang any Body for the Sake of a Reward.
Knight. I saw the Prosecutrix have hold of a little Boy by the Shoulder. This Prisoner at the Bar gave him a Shove, and shov'd him from the Woman, through Harry Woolet 's Stall; and I saw this Chap, the Prisoner, stand at the Door to keep the Mob from coming through. He stood to hinder the People from pursuing the Boy.
Legg. I was in the Market, standing by Mr. M' Adams's Stall: As I stood, the Prisoner at the Bar, and the little Lad, came by me; the little one was next to me, and the Prisoner was on the other Side; and they whisper'd to one another, and went up immediately to the Woman, the Prosecutrix.
The Prisoner said he was not guilty. Guilty .
85. Richard Warner , indicted for feloniously uttering and publishing a certain Acceptance of a Bill of Exchange, upon Richard Jackson , Esq ; of Crutched-Fryars , with an Intention to defraud Mr Ashley , of Ludgate-Hill.
Council (to Mr. Asbley) Have you ever seen the Prisoner at the Bar?
Q. What Paper is that you have got in your Hand?
Asbley. It is a Bill of Exchange, drawn upon Richard Jackson , Esq; of Crutched-Fryars. The Prisoner brought it to me, and told me he had an Order from Richard Warner , Esq; to buy of me fourteen Gallons of Rum and Arrack, six of which were for Sir Jacob Ashley , and the other Part for Richard Warner . Esq;
Q. How much did it come to?
Ashley. Eight Pounds eight Shillings and Sixpence. Then he presented this Bill, and he desir'd the Change; for he was to buy other Things with the rest of the Money. And looking on the Bill, I found it was not accepted: Upon which I told him I would send my Clerk and get it accepted. He then told me that Mr. Jackson seldom underwrit his Bills. Upon which I told him, if Mr. Jackson, or any of his Clerks, would say they would pay it, when it was due, I would be very well contented, and give him the Change.
Q. Did you know Mr. Jackson?
Asbley. Yes, Sir, I know him by Character.
Q. You would have taken the Bill if they had said they would pay it?
Ashley. Yes. But the Prisoner said he would carry it, and get it accepted. Accordingly he went out and brought it, with what he said was an Acceptance. But Jackson was spell'd with an x, instead of ck; the Name stood Jaxson. I then suspected it, but did not tell him so. I told him, if he would come To-morrow Morning, about Nine o'Clock, then the Things would be ready, and I would give him the Change. He was very pressing to have the Change that Night, and he would come for the Goods the next Morning. He had several Excuses, but I put him off. In the mean Time I sent to Mr. Jackson; and the Answer my Clerk brought from Mr. Jackson, or some of Mr. Jackson's Servants, that he had accepted no such Bill that Day, and that it was a Forgery, and desir'd the Person and Bill might be stopp'd. In the Morning, at the Time appointed, he, the Prisoner, came; and at the same Time Jackson's Clerk was at my House. Then the Prisoner took the said Bill out of his Pocket, and wrote the Indorsement upon it, and gave it to me. When I had it in my Possesion I shew'd it to Mr. Jackson's Clerk; and he told me that was none of his Master's Acceptance; for it was neither like his Hand-writing, nor did he spell his Name so. Upon which he was charg'd with the Constable, and had before my Lord Mayor, where Mr. Jackson was present, who is now here.
Ashley. I believe the Whole was a Forgery.
Jackson. Yes, Sir.
Q. Do you know whose Hand-writing that is upon the Back?
Jackson. The Hand-writing upon the Back is the Indorsement of the Prisoner at the Bar.
Q. Is it your Writing?
Q. Do you know Mr. Warner?
Q. Do you believe Mr. Warner to be Uncle to the Prisoner?
Jackson. I believe he may; I have seen him come from his Uncle.
The Question and Doubt in Court arose, Whether this, in Point of Law, is Forgery within the Act of Parliament. To be sure, as was observ'd, it was within the Meaning of the Act. Now, the Words of the Act of Parliament are; That if any Person shall forge an Acceptance of a Bill of Exchange. No body has prov'd that it was Mr. Warner's Bill of Exchange: So that it was a bare Forgery of Acceptance, but not of an Acceptance of a Bill of Exchange. The Jury therefore laid it Special .
The Prisoner had little to say in her own Defence, but that she bought the Handkerchief in Flanders, and that, whereas the Prosecutor said it was a new one, it was really full of Holes. Guilty 10 d .
87. Richard Manning was indicted for an Assault upon Thomas Waldale , Porter of Serjeant's-Inn-Gate, with an Intention to commit the detestable Sin of Sodomy , on the 23d of October , Ten o'Clock at Night.
Waldale. I am a Porter at Serjeants-Inn. On Wednesday the 23d of October last about half an Hour after Ten, I open'd the Gate, for Mr. Halbert and his Lady to come into Serjeants-Inn; and I standing at the Gate, while the Coach was coming out, this Manning, the Prisoner, comes up to me and shak'd Hands, and tickled my Hands, and after that he come and ask'd, How do you do Neighbour?
Q. Did you know the Prisoner?
Waldale. Never saw him with my Eyes before, as I know. He said, I knew him, but I said, I am sure I do not. But, says he, you do. So then he put his Hand on the Waistband of my Breeches, Said I, I know nothing at all of you, indeed Friend. So then he unbutton'd his Breeches and let them full half Way down his Thighs.
Q. Where was this?
Waldale. In the Middle of the Gateway.
Q. In the Coachway?
Q. Was the Coach come out by this Time?
Waldale. No. And I desir'd him to walk a little farther up in the Inn and not to stand there, when he had let his Breeches down; this I spoke to him that I might get the Gate shut. No, says he, I'll stand here. So I said, I'll secure you, and I call'd out to my Wife. Mr. Hulbert hearing the Noise came out. He said, Waldale, what's the Matter. I said, Sir, here is a Molly, a Sodomite, or a Devil, I know not what you call him, not I.
So then Mr. Hulbert ask'd me whether the Gate were shut; I told him they were not. I call'd, and my Wife took the Key, and Dr. Hulbert's Man lock'd the Gate. Then I went and serch'd a File of Musqueteer's from the Church, from thence I went to Mr. Money's, the Constable and brought him; from thence I took the Prisoner to the Watch-House? from thence to Bridewell; so then to his Lordship the next Day.
Q. What did he pretend to when he was taken Waldale. He said, that I knock'd him down.
Q. But after you charg'd him as a Molly, did he make any Defence at that Time, after his Breeches were down. Pray did he do any Thing after that?
Waldale. Only pull'd them up.
Prisoner. I was going down Fleet-Street, I was just come out of Jail. This Man, the Prosecutor, is as great a Villain as ever appear'd in the World. I was coming down Fleet-Street, so Molly says he; I said, I never mollied you. My Lord, I never laid my Hand upon him, nor touch'd him; I never touch'd the Man in my Life.
The Prisoner had none to appear to his Character.
The Court proceeded to pass Judgement upon him as follows, viz.
You have been indicted for as great an Offence as can be committed; so great an Offence, that it shocks every virtuous Man to mention it. Of this you are now convicted , and your Case is still worse, as we are now inform'd that you have before receiv'd Judgement for the like Offence, therefore this is the
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death 2.
Joseph Mayson 65
To be Impillored.
To be Whipp'd 3.
Elizabeth Hilliard 73
Judith M' Carty 84
Receiv'd Sentence of Transportation for 7 Years, 33.
John Robinson 77
Susannah Tidmash 56
Mary Pardo 43
Elizabeth Doughty 70
Thomas Castelow 45
James Solovan 51
James Woollard 52
John Staddow 85
To be Transported for 14 Years.