Held at Justice-Hall in the Old Baily,
On WEDNESDAY the 26th, and THURSDAY the 27th of February.
In the 19th Year of his MAJESTY's Reign.
BEING THE Third SESSIONS in the MAYORALTY OF THE
LORD-MAYOR of the CITY of LONDON.
Sold by C. NUTT, at the Royal-Exchange, and at all the Pamphlet-Shops of
London and Westminster. 1746.
BEFORE the Right Honourable Sir RICHARD HOARE , Knt. Lord Mayor of the City of London , Mr. Justice FOSTER, 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 Language does the Prosecutor speak?
Interpreter. Bengal Language.
Q. Ask him what he has to say?
Interpreter. He says he is a poor Man, and if the Gentlemen and Lord-Mayor please to give him his Money.
Q. Ask him if he knows the Prisoner at the Bar?
Interpreter . Yes.
Court. Then let him tell the whole Story.
Interpreter. He says that about a Month and a half ago, as he was passing by, the People call'd him in.
Q. Where was it?
Court. Ask him what the Prisoner did to him?
Interpreter. She shut his Eyes with her Hands , and the Man took hold of him about the Neck .
Court. Ask him what they did next?
Interpreter. Nothing else.
Court. Did not they take his Money?
Q. Which took the Money out? The Man or the Woman?
Interpreter. The Woman shut his Eyes, and the Man, who is since dead, took the Money out of his Pocket.
Q. Did they not threaten his Life?
Interpreter. No, they did not, nor any Thing of that Sort.
Q. Ask him whether he was not assured they would do him some Hurt?
Prisoner. Please you my Lord, I am innocent.
Court. He says you shut his Eyes, and that the Man, who is since dead, put his Hand into his Pocket, and took out his Money.
Prisoner. I liv'd in this House, and that Black, the Prosecutor, brought in two Women. He was to be marry'd to the Daughter, and the Daughter took out his Money. The next Night they took me out of the House, and I knew nothing of it.
Guilty of the Felony, but not of the Robbery .
Q. Ask him whether the Prisoner at the Bar took any Money from him?
Interpreter. The same Day the other Black lost his; about a Month and a half ago.
Q. Where did he meet the Prisoner at the Bar?
Interpreter. In Whitechapel.
Q. When he went to the Widow Austen's House , ask him whether he was not in Bed with the Prisoner?
Interpreter. Yes. About Ten o'Clock the Woman wak'd to get him a Pot of Beer. And when she had call'd for some, he afterwards went to look for his Breeches, but could not find them. There were two Women and they both run away.
Q. Were there two Women in Bed with him?
Interpreter. No, One of them was in Bed with another Man.
Q. Did he carry her before the Justice?
Interpreter. Yes. She was charg'd with the Constable and carry'd before Justice Quarril next Day.
Q. Was there any Examination of her?
Q. (to the Prisoner) Will you ask this Man any Questions? He says, that you and he went to Bed together; and he missed his Breeches, and you and the other Woman run away. That is the Substance of what he says against you.
Prisoner. Please you my Lord, to ask him whether there was not another Woman in Bed with him?
Thackhouse, the Constable. The 10th of January, my Lord, about Ten o'Clock, this Person, the Black, was beating the Prisoner at the Bar. - Said, she had robb'd him of 5 l. 14 s. - The Watchman brought her to the Watch-House, - I took Charge of her. - He insisted on some of the Money, which he was positive she had. - Upon that she was search'd, and I took two Guineas from her. - The Prosecutor told the Justice he had lost five Guineas; two Guineas were found upon her. There was another Woman concern'd, that had the Handkerchief and the rest of the Money.
Q. Did the Prisoner say, that the other Person had the Handkerchief and the rest of the Money?
Constable. The Prosecutor said, he gave 2 s. for the Lodging that Part of the Night .
Q. (to the Prisoner) Will you ask this Witness any Questions? He says, that when you was going before the Justice, another Woman was concern'd , which had the Handkerchief, and 3 l. odd Money. The Prosecutor lost 5 l. Will you ask the Constable any Questions? What have you to say for yourself?
Prisoner. Please you my Lord. My Mother is a Dealer in Coal, and my Mother ow'd a Gentleman two Guineas. And my Mother gave me two Guineas to pay him. As I was coming along, I happen'd to go into a House to call for a halfpenny-worth of Annifeed . Seeing this Man I took no Notice at all: I got my Dram and came away; as I came into Whitechapel, the Prosecutor ask'd me to drink a Pint of Beer: Upon that he forced me; upon which I call'd for the Watch: When I call'd for the Watch, I charg'd him: And when I came to the Watch-House, he made the Watchman charge me. He took from me two Guineas, the Money I was about to pay away. The Watchman gave the Money to the Constable.
Guilty 39 s.
Colet. On January the 13th , the Prisoner robb'd me of 7 s. 6 d. He said with an Oath, if you don't deliver your Money I'll shoot you thro' the Body.
Q. Where was this?
Colet. Near Holloway-Mount . - There were two of them. This was taken and the other is not.
Q. Did he present the Pistol to you?
Colet. Yes. Demanded my Money and took 7 s. 6 d. The other said, blow his Brains out. - With that, the Prisoner fir'd the Pistol at me and it went thro' my Hat.
Q. Did the Prisoner at the Bar fire the Pistol?
Colet. Yes, my Lord.
Q. Is that the Hat you had on at that Time?
Colet. Yes. [The Hat was produced in Court.]
Q. Did the Prisoner carry the Hat off?
Q. (to the Prisoner) Will you ask this Witness any Questions? I'll tell you what he says against you. - That on the 13th of January, behind Holloway-Mount , you, and another Person not yet taken , had presented a Pistol to his Breast, and you demanded his Money. The other Person said, blow his Brains out. - Upon that you turn'd back and fir'd at him, and fir'd thro' his Hat, which he has produced . That is the Evidence against you.
Prisoner. I was at Work at that very Time.
Colet. About Five o'Clock in the Afternoon.
Q. Can you take upon you to say the Prisoner at the Bar was the Person?
Colet. He was the Person.
Q. When did you apprehend him?
Colet. I took him next Day. I took him at Billingsgate, - I have seen him go by my Shop many a Time. - That was the Reason he fir'd at me. - He knew that I knew him.
Q. Did you recollect at the Time of the Robbery, that the Prisoner was the same Person you had often seen before?
Colet. Yes, my Lord, he is the very Man.
Q. When you came next Day to make Enquiry, what passed then?
Colet. Next Day coming out of Crooked Lane, I went to Billingsgate and I saw him among the Porters.
Constable. The Prosecutor came to my House and said he was robb'd of 7 s. 6 d. Said the Prisoner was at Billingsgate. When I went down with him to Billingsgate, he shew'd me the Man, and I took him.
Prisoner. I am a Porter at Billingsgate. I took up a Load of Oysters about Five o'Clock, and carry'd it to the back Side of Paul's . - The Person paid me for my Trouble. - I came to my Lodgings as the Clock struck Six. - The next Day I went down to Billingsgate about Three o'Clock in the Afternoon. - There comes down a Man from the Blue-Anchor, St. Mary-Hill, and said, Porter, you must go up to the Blue-Anchor. - I said, I would not go back again, for I thought it was out of some Game. - After that this Gentleman comes, that is, the Constable, and charg'd me with a Robbery; I went to go before two or three Justices, but they were not at Home, - I have Witnesses that I was at Work.
Sparks. The Prisoner is a very honest Man as far as ever I knew. I have trusted him with Money for Goods when I could not go to buy them myself.
Q. You said you employ'd him about this Time , be as particular as you can. What Day of the Week was it?
Sparks. It was of a Monday, either the 12th or 13th.
Q. Are you sure it was on a Monday?
Sparks. Yes. About Four o'Clock I went down to Billingsgate to fetch me some more Oysters. I said to him, why did not you call again? He said, I thought I had brought you up enough. I said to him take your Basket, let me have some more. I went and bought my Goods, and coming back to Cannon-Street, I said, I cannot keep pace with you. When I came to my own House he said, you have staid a great while behind me. Then I reckon'd it was about half an Hour after Five in the Evening. So he emptied my Goods and went away.
Q. You think it was half an Hour after Five ?
Sparks. I think it was, for the Fog arose so that I could not go his Pace.
Colet. Yes. It was upon the 13th.
Edridge. I believe him to be a very honest Man, I have trusted him with 20 or 30 s. at a Time.
Russel. I have known him to be a just, honest Man. On the 13th of January, I left 4 s. with him to bring up some Goods. And the same Day he deliver'd me my Money again.
Sparks. The Monday that was the violent Fog.
Dean. I keep a Lodging-House in Cheek-Lane , and the Prisoner at the Bar lodg'd at my House. And the Night before he was taken up, he was in Bed at half an Hour after Six o'Clock.
Q. What is his general Character?
Cheater. He has a general good Character.
Q. You say that you begun to have Knowledge of him 20 Years ago, have you known him of late?
Cheater. Yes, to this very minute. As to Pistol or Sword, I can prove he never was worth such a Thing in his Life.
Jury. We desire to know what Character the Prosecutor bears?
Edward Elliet . I know nothing as to the Robbery at all. Only this John Colet , the Prosecutor, is a Carpenter, and I have often employ'd him. He came to my House and said he had like to have been kill'd. Said I, you Dog, who would kill you? Really, says he, I have been robb'd of 7 s. 6 d. but I know the Fellow, I have seen him 20 Times.
Dean. In Cheek-Lane , about three Doors from the Workhouse. I keep a Lodging-House in Cheek-Lane .
Court. I ask for this Reason, how far from Holloway-Mount it is to Cheek-Lane .
Sparks. In Thames-Street. I have kept a House there 28 Years.
Everal. Yes, my Lord.
Q. From whence was this taken?
Everal. From a Yard belonging to Bear-Key .
Q. How do you know it to be him? Did you see the Prisoner at the Bar ?
Everal. Yes. I found 48 lb . of Sugar upon him.
Q. What did he say when you found this Sugar upon him? Did he own it?
Everal. Yes, my Lord, and he said he would do so no more.
Prisoner. Please you my Lord. He gave me 6 d. to carry this Sugar to Tower-Hill.
Q. Did he make that Precence at that Time?
Everal. No, my Lord.
Elion. I enlisted him in the Tower. I have no farther to say, but that in the Regiment he was a very sober, orderly Fellow, always behav'd well.
Jones. On the 5th of this Month I was weighing off some Cotton at Chester-Key . I was weighing while the Landwaiter went to Dinner. Afterwards, when I went to Dinner myself and came back again to the Keys, I heard that the Prisoner at the Bar was detected for taking of some Cotton out of my Bag.
Q. How much?
Jones. I reckon about 2 lb.
Ebenezar Hartly. I am Constable of Chester-Keys . Coming on the Key the 5th of this Month, I saw this Woman and another at the Bag of Cotton. I came to her and ask'd her what she was doing. Said I, how came you by this? She said, the Porter gave it me. I said, she should go with me to the Porter, to know what Porter could give Merchant's Goods away. After that I found Mr. Jones out and shew'd him the particular Bag.
Jones. Yes, my Lord .
Q. What did you do farther ?
Hartly. I carry'd her before the Alderman. She said, the other Woman was to have half of it. And the Porter that had given it her was run away. But I saw the Woman take it myself.
Prisoner. As I was coming along the Keys and picking up Bits of Chips, the other Woman said, will you let me put this into your Basket? The
But she could call no Witnesses to prove it, nor to her Character.
Stevens. Last Friday was Sen'night, the 14th Day of this Month, I went to Leadenhall-Market with some Pork to sell, and I sold six Pigs to Mr. Edge . In about five Minutes Time I turn'd to see it they were all safe , and I missed one Side. I was making Enquiry about it and Mr. Simson said, he saw a Man carry away a Side of Pork . We cry'd out, Stop Thief. The Prisoner turn'd round and threw it down.
Hulse. On the 14th Day of February I was going off my Duty ; and hearing an Outcry , I turn'd back again. I look'd which Way the Prisoner should come, and saw him shoot the Side of Meat off his left Shoulder. He had got a Knot on his Head at the same Time. And we took him up directly and had him to the Compter.
Q. What Meat was it ?
Hulse. They told me Pork, but I did not perceive what sort of Meat.
Q. What became of him? Who took him up?
Q. You had not deliver'd it.
Prosecutor. No. I had not deliver'd it .
Prisoner. When the Man that hir'd me heard the Cry of Stop Thief, he ran away and left me with the Meat.
Guilty 10 d.
Bevis . When I came to my Basket Mr. Whiteland call'd the Prisoner back with the Bread .
Q. Whose Bread was it ?
Q. When the Prisoner was charg'd with it, what did he say to it?
Bevis. He said that he bought them for a Person at the Rose-Alehouse .
Q. Did he deliver them back?
Bevis. Yes, my Lord.
Prisoner. Yes, my Lord , he will appear for me To-morrow; he is out of Town. I liv'd with Mr. Touchal .
Bevis . Not with Bread, but I have seen him with Bakers.
The Prisoner was recommended by Mr. Whiteland to the Favour of the Court, as being a poor Creature , for corporal Punishment .
Doney. It is my Floor, and I let the back Room out to Lodgings.
Q. Who did you hire it of?
Doney. Of Elizabeth Cookson.
Q. Where is the House?
Doney. In Tyburn-Road.
Q. How much do you let it for ?
Doney. I let the back Room for 18 d. a Week .
Q. When did she enter upon it ?
Doney. On the 22d of January.
Q. Did you let any Blankets or any Linnen Sheets?
Q. What became of them?
Doney. She had sold them to this Gentleman.
Q. When did you miss the Things?
Doney. On Saturday Night.
Q. How did you miss them?
Doney. Seeing this Sheet double upon the Bed, I missed the other. Next Morning I knock'd at her Door, and desir'd to see if my Linnen was there.
Q. Did she make any Excuse for herself when you charg'd her with it?
Doney. She said she did not know why she took it. But while I was looking for the Things she made her Escape. After this, she ran away, and
Jones. About a Month ago .
Q. Where were they lost?
Jones. They were lost out of Moor's Yard, in St. Martin's in the Fields .
Q. How came you to inspect the Prisoner?
Jones. As I went to fetch a pail of Water, I heard some Body go down the Stairs. I said, I did not know but my Room was robb'd. My Neighbour said, he saw a young Woman in a Cotton Gown go thro' the Yard .
Q. Did you find her at last?
Jones. She was stopp'd in Half-Moon-Street.
Q. Did you see the Prisoner?
Jones. Yes. She was carry'd to the Round-House .
Q. Did she own before the Justice that she had the Sheets ?
Prisoner. Did you see me take the Sheets off the Bed .
Court. After they were taken, she saw them in the Round House.
Atkin. On Monday the 27th of February, the Prisoner at the Bar brought it to our House to pawn. My Mother had said, a Person had been with us to give Notice of it.
Guilty 10 d.
Q. When did you lose them?
Thackwaite . The two Copper Saucepans we missed on Tuesday Se'nnight; the Pot on the Friday following, the Gown at the same Time.
Q. From whence did you miss them ?
Thackwaite . Out of the Kitchen, in Marsham-Street, St. James's .
Q. How came you to suspect the Prisoner?
Thackwaite. These two Copper Saucepans we missed on Tuesday, and we did not know whether they were gone. But on Friday Evening, between Eight and Nine o'Clock, this Woman, the Prisoner, my Wife catch'd in the Passage with the Brass Pot and the Gown.
Q. Where did you find her? In the Kitchen ?
Thackwaite. No, my Lord. In the Passage .
Q. What said the Prisoner to it? Did you charge the Prisoner with taking this Pot? What had she to say for herself?
Thackwaite. She did not say one Thing or another; we took her before the Justice and she there own'd , she took the Pot and Saucepan.
Q. What did she say to the Pot?
Q. Your Husband, I think, went for the Constable.
Q. How came she to lie there?
Q. She told you likewise where she had sold them.
Q. Have you got the Things again?
The Prisoner had nothing to say for herself, neihad she any to appear for her.
Guilty 10 d.
Roberts. The Prisoner at the Bar liv'd a Servant with me some Time, but it was not above a Month before several Things were missing in the House. We could not tell who to fix it upon. At last we made them open their Boxes. All were very ready
Benjamin Jenison . I am Servant to Mr. Roberts. There were a pair of Ear-Rings lost. My Master keeps six or seven Servants. I desir'd my Mistress to search their Boxes and Trunks. Accordingly we all went up Stairs together. But there was nothing to be found of the Ear-Rings. I told my Mistress as nothing could be found here, I begg'd we might all be search'd in the Room. I first turn'd out my Pockets; then the House Maid, then the Cook and another Servant or two; then we came to the Prisoner at the Bar. She refus'd. My Master had his Child by, a Youth. What is the Reason you won't search your Box. Then she turn'd her Gown a little on one Side, and the first Thing my Master saw was these two Pillowbears, the next was a Towel, and this Handkerchief, in which were five Candles conceal'd: And my Master was angry with her for concealing these Things. And the Justice, when we went before him, ask'd her what Reason she had to keep these Things in her Pocket. She answer'd, to keep them clean. Five or six Candles in them, fine Things to keep them clean indeed!
The Prisoner had little to say for herself.
Guilty 10 d.
Hayward . I was last Friday Evening at Mr. - 's in the Little-Minories ; he ask'd me to sit down by the Fire ; and there Sir, I fell asleep, and when I awak'd, I felt in my Pocket and miss'd my Silver Watch.
Prisoner . Sir, there was a young Woman in the Room at the same Time.
Page. About Seven o'Clock in the Evening, the Prisoner at the Bar brought this Watch to my House , in order to borrow a Guinea and a half. I ask'd her where she liv'd. She said, near where I liv'd. I ask'd her whose Watch it was. She said, her Husband's, and that he was ill, and that she pawn'd it out of Necessary, for her Husband. Then, Sir, she said, I let you know, the Watch is not mine, but a Woman's whose Husband is ill.
Q. Were you present when the Prisoner at the Bar confess'd this?
Page. Yes, When I had her before Justice Toll, she confess'd she had stole the Watch.
Wilson. I will swear this was the Watch ; the Prosecutor bought and lost the Watch on the very same Day.
Q. Are you the Maker of the Watch?
Wilson. No, please your Honour, but I sold it to him.
Court. Well Prisoner, you hear what he has said against you; now 'tis your Time to make your Defence.
Prisoner. Please you my Lord, there was a young Woman in the Room. She is witness to it as well as myself, that she gave me this Watch to carry to pawn, when I had Time: I had not been us'd to such a Things: I troubled all the Way I went.
Q. Was this young Woman in the Room all the while? Did she give you the Watch?
Q. Do you call any Body to your Character?
Prisoner. There is a couple in the Yard.
Hayward. Yes, there was a young Woman sat by fast asleep.
Q. Were you thoroughly sober?
Hayward. I cant say that I was.
Guilty of Felony .
George . On the 1st of February , the Prisoner at the Bar came to my Shop and stole some Candles. my Wife miss'd some, she thought, about 7 lb. the Night before. Some Time after, this Woman came for a halfpenny Candle. My Wife miss'd some Candles that were hung upon the Pegs; upon which she found 6 lb. under her Apron. We ask'd her hour she came by them. She declar'd she bought them in St. John-Street.
Q. Can you swear with any Certainty that these are your Goods?
George. I am certain they were, they were fresh made Candles. The Prisoner's Husband was question'd about the Candles, and said, when we went to his House, if there were any Candles they were ours; where we found 4 lb. more Candles , which I knew to be ours .
Q. (to Anne George ) What do you know of this Matter?
Anne George . My Lord, On Saturday Night I had nobody in the House but myself and little Girl. a Customer in the Neighbourhood sent for some Candles, and said they must have them then. When I came home I miss'd several Pounds of Candles . I found the Prisoner in the Shop for a halfpenny Candle. I turn'd aside her Cloak, and found 6 lb. in her Apron.
Negro, Constable. I took charge of her Saturday Night : When I came, the Candles were taken out of her Lap; which Mrs. George declar'd were her's .
Q. But what do you know of your own Knowledge, of the Prisoner at the Bar?
Constable. She could not tell on what Side of the Way in St. John-Street, the Man she bought them of , liv'd, nor whether he was a tall Man or a short Man that serv'd her.
Prisoner. If the Court will give me corporal Punishment for it, I shall be very much oblig'd to them .
Guilty 10 d.
Webster. I let her and her Husband a Room, for 18 d. a Week. It was a little before Christmas, I can't tell justly the Day. Sir, she robb'd her Lodgings, she stole Sheets.
Q. How do you know she stole them? You lost Sheets and miss'd them, you say?
Webster. I found them at the Pawnbroker's.
Q. Did you c arry the Prisoner before the Magistrate, did you examine her, or what did she say?
Briggs. I dont know any Thing, but that these People came to enquire about the Sheets at my House.
Q. Upon your Oath now, can you say that the Prisoner at the Bar brought the Sheets to your House?
Briggs . I cant swear that she brought Sheets at this Time; but she has brought Sheets to me at Times for a Twelvemonth past.
Prisoner. Please you my Lord, I took the Room of these People two Months ago. They sell Spiritous Liquors, and I and their Daughter got fuddled together , and she perswaded me to carry one of these Sheets , accordingly I brought them the next Morning.
Lowrey . I lost a large Copper Funnel between the Hours of Seven and Two.
Q. Where did you find it?
Lowrey. At a Broker's in Moorfields.
Q. Who first inform'd you where this Funnel was?
Lowrey. The Broker, my Lord.
Q. What is the Broker's Name?
Q. What have you to say touching the Matter now in Question?
Q. To what Purpose did he bring it to you?
Carter. To sell, my Lord. He ask'd me 14 d. the Pound for it. I ask'd him what it was. He said it was the Head of a large Furnace. I ask'd him what he was, and he said, a Distiller. I said it was very odd, that you should be a Distiller, and ignorant what it was. My Lord, he told me that he liv'd at Henly upon Thames, that he was a Distiller, had come to Misfortunes, and must sell it. So when I question'd him about it, he said, if you don't like it, or don't think that I came honestly by it, I'll leave it, and go fetch a Person to my Character. With that I told him I would not have the Things left, without he said himself. At last, a Gentlewoman, a Widow of a Common-Council-Man of our Ward, who was some Relation to the Prisoner's Father, desir'd me not to charge an Officer with him. He equivocated in several Shapes. At last, he said, his Wife had bought these Things of a Woman that sold Rags and old Iron. Said I, what do you imagine your Wife might give for it? He insisted upon it, that she might give a Great 2 Pound. He told me his Father liv'd in St. Giles's, and
Lowrey. Yes. This is what I lost the 4th of February.
Broker. It is what I stopp'd.
Council for the Prisoner. My Lord please to observe that any Confession the Woman may make, must be against herself , it wont do against the other. He is charg'd in the Indictment with being the Principal .
Carter. He confess'd before the Justice that he gave a Groat a Pound for it .
Q. Did he confess he stood by when it was stole?
Carter . No.
Broker . The Prisoner brought it to me.
Prisoner, This Man, when I came to bring the Funnel , stopp'd me: I emptied it out of my Sack, and they desir'd me to sit down by the Fire, and I sat down. They brought a parcel of People into the House, and stopp'd me and frighted me. They ask'd me whether I had any Money in my Pocket. But the Broker said, he would stop me with it, but not charge me with the Constable, and wanted me to run away. I sent to my Father to Broad St. Giles's ; and when my Brother came, he made him Pay 6 d. for sending his own Boy. The Broker told me I had a pretty deal of Impudence to ask 10 d. the Pound for it .
Council for the Prisoner . I'll only mention this, that if this Man had been conscious he had committed the Felony, 'tis certain he might have made his Escape.
Barthia Whitefield . I went to Mr. Wilson's, the Prisoner; he said to me, don't you never light on no Copper Pots, no distilling Things, I can see them lie about in Shops. The first Thing I ever took was two Funnels, and he bought them of me. About a Fortnight after, I took this large Funnel. I was in Company with him at the Time I took it. He said, the Shop is clear, you may now take it. He receiv'd it of me, and gave me 3 d. the Pound for it.
Clarke. I had a Crown Reward to take her.
Q. Where was Wilson all this while?
Q. Had you some Reward for taking of her up?
Clarke. Yes. Of Wilson's Spouse. She said, if you can catch her, I will give you a Crown.
It was answer'd Whitefield had never absconded at all.
Cherry. I never saw any Thing by the Man, but that he was just and honest in all his Dealings.
Q. Have you any Sort of Acquaintance with him?
Cherry. I have seen People come to buy Rags, Bottles, &c. of him.
Q. You say he liv'd by you two Years, and you know no Ill of him.
Franklin . Very near two Years, Sir.
Q. What Character does he bear in his Neighbourhood?
Franklin . I never heard any ill Character of him, but that he was a very honest principled Man, since he came into the Neighbourhood.
Q. Have you any Acquaintance with him?
Franklin . I live in the Neighbourhood, have no Acquaintance or Dealings any farther than good Night and good Morrow.
Cooper . About two Years.
Q. Then I suppose it is not above two Years ago that he came into that Neighbourhood ; what Character does he bear?
Cooper . A very honest Character, as far as ever I heard.
Q. Have you any Acquaintance ; have you had any Dealings with him?
Hughs. A very honest Character as far as ever I heard.
Q. Had you any Acquaintance, any Dealings with him?
Hughs. No, Sir.
Smith. Yes, I know him and his Father. I believe him to be a very honest Person.
In order to set this Matter in a clearer Light, we shall give the Close of his Lordship's Charge to the Jury. Gentlemen, you are to put the whole Matter together. The Evidence seems to lie pretty strong against Wilson. His having stolen the Goods in Possession, carrying them about in a suspicious Manner, as I find he was found in three different Stories, these are strong presumptive Evidences of Guilt. What he has to take off that Presumption was, that he was instrumental in apprehending of Barthia Whitefield; if you would make any Use of her Evidence, it must be taken together : That is, that she did steal it, but that Wilson was present at the Time that she took it.
Both Guilty .
Wilson to be transported for 14 years, and the Girl for seven.
104. Susannah Cardwell was indicted for stealing seven Linnen Sheets, value 10 s. two Linnen Table-Cloths, value 7 s. one Linnen Shift, value 2 s. four Silver Tea-Spoons, value 6 s. four Towels, value 1 s. a Hat, value 4 s. a Pillowbear, value 6 d. a pair of Silk Stockings and a Copper Pot, &c. the Property of Samuel Coply , on the 14th of September .
Coply . Yes, I lost two Linnen Table-Cloths, a laced Apron , a Cotton Gown, two Cloth Coats, a Silk Waistcoat, three pair of Worsted Stockings , a pair of Silk Stockings , a Copper Pot and a Silk Gown.
Q. Were these all your Goods?
Coply. Yes, my Lord.
Q. When did you lose them?
Coply. At different Times.
Q. Can you tell when you miss'd them?
Coply. The 14th of September .
Q. Where did you lose these Goods ?
Coply. Out of my Dwelling-House .
Q. Where is your Dwelling-House ?
Coply. In Chancery-Lane.
Q. How long has the Prisoner been your Servant ?
Coply. She came to me Valentine Day last was 12 Month.
Q. Having lost all these Things, How came you to suspect the Prisoner ?
Coply. By her eloping from me.
Q. What Time was this? Did she go without Notice?
Coply. Without Notice, my Lord.
Q. What was done upon that?
Coply. A Friend of mine took her.
Q. Where was she taken?
Coply. In Eagle-Street, my Lord. I saw her there.
Q. Did you charge her with taking these Things?
Coply. Yes, my Lord. She acknowledg'd the taking of them.
Q. Did you mention all the particulars?
Coply. I can't say I did mention all of them. She own'd she took them.
Q. Did she make any Excuse for herself?
Coply. She said she had a Lawyer she ow'd four Guineas to, and she wanted to raise Money to pay him.
Q. Did you carry her before any Magistrate ?
Coply. Yes. Before Justice Burdus .
Q. Did she make any other Excuse there ?
Coply. The same Excuse.
Q. Had you the Things again?
Coply. I have had part, and the Pawnbroker the rest.
Q. What's the Pawnbroker's Name?
Coply. Johnson .
Johnson . Yes.
Q. Did the Prisoner at the Bar bring these Things to you to pawn?
Johnson . Yes.
Q. When was it she brought them?
Johnson. she came to us at different Times for eight or nine Years. The first part of these Goods came in July 44 .
Court. ( to Coply ) You say she came to you but about a Year ago, then these Goods that were brought in July 44, could not be your Goods.
Court. ( to Johnson ) Give an Account of what was brought to you from Valentine Day was 12 Month .
Q. Then first, is there any Table-Cloth, is there any Linnen Shift ?
Johnson. No, my Lord.
Q. Are there six Tea-Spoons, a Cambrick Handkerchief, or a laced Apron?
Johnson. No, my Lord.
Q. A Napkin?
Johnson. Yes, my Lord.
Q. How many?
Q. A Woman's Hat?
Q. A Pillowbear, two Cloth Coats?
Johnson. Yes, my Lord.
Q. A Silk Waistcoat, Worsted Stocking
Q. How many ?
Johnson. Two pair.
Q. A Copper Pot?
Q. A Silk Gown ?
Q. Are these Things that were mention'd, brought here?
Court. Let the Prosecutor look upon them .
Johnson. This Gentleman, the Prosecutor, ask'd me if I had such and such Things. I shew'd him some Things that he did not know he had lost. He did not chuse to prosecute at this Time, but took out a Warrant by Justice Burdus against me for receiving Goods known to be stolen. So he brought an Action against me for the Goods.
Coply. I order'd the Attorney to stop it . I thought I had got into bad Hands, it is not yet determin'd.
Prisoner. Please you, my Lord. Part of the Money I had for these Things, I had for my own Use, and some my Master had at different Times. I laid out the Money for Fish, Liquors, &c. Please you my Lord.
Coply. I lent her 13 s. 9 d. and 5 s my Wife lent her unknown to me. And I engag'd for a pair of Shoes for her. But there was more due than this.
Prisoner. Please you, my Lord, my Mistress had a Quilted Petticoat of mine, she wore it most part of the Summer .
Coply. She told my Wife she had a Petticoat at pawn, at such a Place, and it my Wife said it, she should have it .
Q. Did your Wife wear it?
Coply. I don't know, she might wear it for ought I know.
Court. The Prisoner says, she wore it for the whole Summer.
Prisoner. It cost 13 s. 9 d.
Prisoner. Please you, my Lord, I have had 9 s. of my Master. My Master had of me, a Shilling he borrow'd , and sometimes he had 18 d. and sometimes when he wanted Change, he would ask for 2 d. or 3 d . and I take it to be 3 s. in all .
Coply. My Lord, I can't say any Thing to that. If she went away I could not have paid her. I never turn'd a Servant away without their Wages in my Lifetime.
Prisoner. My Master, who is a Distiller upon Snow-Hill, and my Mistress, have sent to me twice , and promiss'd to come to appear for me when my Trial was to come on.
Court. Send for your Master and Mistress .
They were sent to, but were gone out to Supper .
Her Master was desir'd by the Court to pay her her Wages, upon receiving the Things.
Slater. On Saturday Night last, about an Hour before dark, the Prisoner took two Books off of my Stand; one is call'd Milton's Paradice Lost, the other, a Poem in 12 Books, call 'd, A Collection of Thoughts, Moral and Divine.
Q. When she took them, how far did she go with them?
Slater. She went away with a Purpose to carry
Q. How far from the Stand was you?
Slater. One or two Doors from it. She met me with the Book under her Cloak.
Q. What did you do upon that?
Slater. My Lord, I stopp'd her. I charg'd her with having my Goods. She shuffled, and ask'd what I had to do with her. And I caught these two Books from her, and I got her into a House .
Q. And what had she to say for herself?
Slater. That she had done nothing amiss, and if she had, she desir'd to answer for it. And demalt I would not use her ill, and the like. She was very bold in her Expressions. I took her before the Justice; the Justice ask'd her if she had nothing else to live upon but this; she answer'd, she had two Children, and was oblig'd to follow this Employment to maintain them .
Q. (to the Prisoner) Would you ask him any Questions? He says he saw you take these two Books from the Stand in Holborn. That he met you coming up towards him. He took them from you, and you confess'd you was forced to do so. Now make your Defence .
Prisoner. Sir, I was just going from the Stall and I saw a Gentleman with a Plaid Morning Gown; and I ask'd him where the Gentleman was that belong'd to the Books. I had one Book in one Hand and another in the other ; and had a Design to buy them.
Q. What did you want to buy the se Books for?
Prisoner. To read.
The Court put the Prisoner to read Milton, but she did it but very indifferently. She said she was a poor Woman , and could read Welsh better than English.
Guilty 10 d.
Order'd by the Court for Corporal Punishment , and to be passed into the Country.
Q. When did you lose them ?
Whichurch. I lost them last Sabbath Day.
Q. From whence?
Whichurch. From my Lodgings .
Q. Where is your House?
Whichurch. In Cucumber-Alley, by the Seven-Dials .
Q. How come you to suspect the Prisoner took them?
Whichurch She own'd it, my Lord.
Q. Where did you carry her when you took her up?
Whichurch. Before Justice De Veil .
Q. What were the particular Words she made use of? Did she own she took the Tea-Kettle and pawned it to the Pawnbroker .
Whichurch. She own'd she took them, and pawn'd them to one Harper.
Thomas Bass . I took a Room of this good Woman, and I told her I found the Tea-Kettle was missing, and the Prisoner own'd that she pawn'd it to Mr. Harper, and he said he knew it to be stolen when he took it in.
Harper. I did not take these things in: But she come suddenly to my Spouse; said, her Husband had got no Money, and they were almost ready to starve, and my Wife let her have a Loaf and Cheese, and 6 d. more the next Day. She wanted to sell it for 6 d. more. I said, if you will bring the right Proprietor I will give you 6 d. more for it, for I am afraid you have stole it.
Guilty 10 d.
Davis. The Prisoner brought the Saws to my Master, who is a Pawnbroker.
Q. Do you know whose they are?
But Edwards not appearing the Prisoner was acquitted .
Q. What did she pay for it?
Morley. Eighteen Pence.
Q. When did she take it , did you let her any Goods with it? Did you lend her two Sheets?
Morley. Yes. One was a new and the other an old one.
Q. Did you miss the Sheets after she came into your Lodgings?
Q. What did she say when you took her up?
Morley. She owned the Sheets at first. She would have had her Husband to pull off his Shirt to make me Satisfaction . We had the Husband taken up first, to make him find her.
Q. Did they come to your Lodgings together ?
Morley. Yes .
Q. Did they live together as Man and Wife in your Lodging?
Not Guilty .
Paris. I am a Housekeeper almost right against him .
Mills. I keep a Linnen-draper's and Slop-Shop .
Q. Do you sell Stockings ?
Q. Where is your House, Sir ?
Mills. On Tower-hill, my Lord .
Q. Did you, at any Time, lose any Stockings out of your Shop?
Mills. Yes, my Lord.
Q. Are they here in Court?
Mills. Yes; the Evidence has had them ever since the Prisoner was taken up.
Q. Have you any Thing to say of the Prisoner's taking them, of your own Knowledge?
Mills. The Week before he was taken, I saw a Lad take a Bundle of Stockings: He had got a loose Great-Coat on; when we catch'd hold of him, he flipt his Coat. I had a Suspicion after that.
Paris. I was sitting, looking out of my Window ; I saw this Boy, the Prisoner at the Bar, reaching over the Hatch of the Gentleman's Shop, between Three and Four o'Clock in the Afternoon, on the 14th of February; I saw the Boy come away with the Bundle of Stockings; I stept to the Door, as fast as I could (for I was lame;) by that Time he was got even with me; you Rascal, says I, you have robb'd the Gentleman's Shop. I cry'd, Stop Thief! and he was immediately taken and carried before the Justice.
Prisoner. I have not a Friend in the World.
Q. Have you any Thing to say for yourself .
The Prisoner had little to say in his own Defence.
Guilty 4 s. 6 d.
- Gimox. The Prisoner came into my House to call for a Pint of Beer; I desired her to go about her Business; she called me a saw Fellow : At last she was so saucy, I turn'd her out. She was not satisfied ; but she came again the second or third Time. As she went out I thought she made a Sort of a Stop, and had got a Pot mine; and I found the Head of the Hammer upon her as she was going out .
Mackey. The 3d of this Month.
Prisoner. I being in Necessity, and making away with my Stays, I met a Woman I knew; I said , I should like to have a little Broth; I gave her Six-pence to buy me a little Meat; I told her that I would come to her again; I went to the first Alehouse, calling for a Pint of Beer, I insisted to have it warm'd; but he pushed me about ; I did not know it was the Master of the House. The Hammer Head I receiv'd of the other Woman; but I went out without it.
Gimox. She had laid it down before.
As there was but presumptive Evidence against the Prisoner, she was acquitted .
Langstaff. My Lord, I lost a Pair of Stockings and a Tea Spoon, the 18th Instant.
Q. From whence ?
Langstaff. Out of my own Room, in Castle-Street, Spital-Fields . She came to me, and ask'd me how I did. Says I, your Name was Robinson, but now it is Anne Thomas . She said, she saw my Daughter in Shoreditch, and gave her 6 d. She said, God had thrown it in her Way to do Good; God had given her 40 l. a Year. I fetch'd a Pint of Drink for her, but she had a Dram first. She promised what great Things she would do, as she
Q. Did you lose the Stockings and Spoon out of your Room ?
Langstaff. Yes .
The Prisoner had nothing to say. She is near 60 Years of Age.
Guilty 10 d.
Q. How do you prove he robb'd you? When did you let the Lodgings to him?
Q. When did you first miss the Goods ?
Q. Then you charg'd the Prisoner at the Bar?
Q. Who did he pawn them to?
Mary Gilson . I don't know the People's Name, or the Place; but he carried me to the People where he had pawn'd them. First I found the Looking Glass, then the Sheets; the Blanket or Pillow I have not found, nor could I find, nor the Brass Candlestick.
Q. Then you found nothing but the Looking Glass and Pair of Sheets? [The Curtains, Glass and Sheets were produced in Court.] Have you any Thing farther to say against this Man ?
Prisoner. I took these Things out of meer Necessity, out of no Design to wrong her. I had not discharg'd the Room, nor given the Key up.
Thomas Pulling . I am Constable. The Warrant was brought to the Prisoner's Wife. I took her up, but I could do nothing with her. The Prisoner took these Things, and pawn'd them in Broad St. Giles's Parish . He went the Day before I took him up, took the People to buy out the Glass, Curtain and Sheet, after he knew the Warrant was out against him: His Wife told us so .
Q. Did he own to you he took the Goods and pawn'd them at the Pawnbrokers? and that he got the People to fetch them out ?
Pulling. Yes .
Prisoner . I had no Design to rob you.
Found Guilty of taking them feloniously 4 s. 10 d.
113. George Burn was indicted for stealing three Blankets, value 4 s. 6 d. two Sheets, value 4 s. one Pillow, value 8 d. a Copper Tea-kettle, 1 s. 6 d. the Property of Robert Best , on the 20th of February .
Best. My Wife did, my Lord.
Q. When did she let the Lodgings to him?
Best. In May last.
Best. 'Till he was taken up .
Q. How came you to take him up?
Best. We had a Suspicion .
Q. What follow'd upon that ? Did you examine him about it?
Best. Yes; and he told me where the Things were, and we had a Warrant and found them.
Q. And you found them where he told you?
Best. Yes, my Lord .
Q. What did you find there?
Best. Three Blankets , a Pair of Sheets, a Pillow and Bolster, and Tea-kettle.
Q. And these were your Goods? They were Part of the Furniture of his Lodgings?
Best. Yes, my Lord.
Prisoner. Please to ask him how long it is that he knew those Things were pawned?
Best. I found some missing about ten Days ago.
Q. When did you take him up?
Best. Last Thursday .
Q. When had you first a Suspicion of him?
Best. About ten Days ago.
To the Prisoner. He says he entertain'd a Suspicion of you about ten Days or a Fortnight ago.
Prisoner. Please you, my Lord, 'tis above three Months since: 'Tis a very bad Time of the Year; I paid Half a Crown 2 Week, and they teaz'd me for the Money; I said I must be obliged to make away with the Things, if they must have the Money. After that, my Lord, I told him, that the Rent of the Room was too dear for me; as soon as ever I could make it good I would quit his Lodgings; but I never quitted my Lodgings, 'till he obliged me to it. I could bring a Gentleman, my Friend, that would have laid down the Money: He made an Agreement with me, not above a Fortnight ago, if I would pay him five Shillings a Week, that he would be easy with me and bring the Things out by little and little as I could; but there is something that vexed him that made him do it. I had no design to wrong him.
Guilty 4 s. 10 d.
114. Catherine Howel was indicted for stealing one Piece of Foreign Gold Coin, called a Moidore, three Pieces of Gold, called Half-Guineas, and forty Shillings in Silver, out of the Dwelling-house of Thomas Clarke , on the 20th of January .
Clarke. She was a Servant of mine; I had Occasion to go up to my Drawers to fetch some Money, which was three Guineas: This was a little That before I lost the Money .
Q. How long was it ago?
Clarke. On the 20th of January. My Child was sick of the Small-Pox; I left two Women to take care of it : This Catherine Howel , the Prisoner, unlock'd my Drawers, took out this Money. The People thought that I had sent her; they came and told me of it . I went up to the Drawer and found my Money was gone: She was going away and had made up her Cloaths, and amongst them I found one of my Shirts, and I tax'd her with it and she deny'd it. While we were searching of her she had about Piece of small Money wrapp'd up in a Paper which she endeavour'd to throw behind the Clock . Afterwards I found two Guineas and a Moidore, and two Half Guineas which I took out of her Mouth.
Q. Did you carry her before a Magistrate? Was there any Examination taken of her?
The Prisoner declar'd that she got the Money before she came to him.
Prisoner. I don't know any Thing of it.
Aldchurch. I saw the Prisoner open the Drawers on the 20th of January.
Q. Where were the Drawers?
Aldchurch. In one pair of Stairs forward.
Q. Were the Drawers in the Room where you were?
Aldchurch. Yes. All the Time she stoop'd, and in a fideling Way look'd at me all the while.
Q. When you saw her at the Drawers, did you not go to her, as People us'd to do in such Cases, to know what was the Matter?
Aldchurch. No. Then I ran down and told my Brother .
Clarke . Yes, Sir.
Q. You say she threw it against the Clock; did she throw it behind the Clock?
Clarke. Yes, and it hit against the Clock. She had One Guinea in her Pocket, nineteen Shillings,
The Pieces were produced in Court .
Clarke. This Piece I have had above three Years .
Aldchurch. Yes. I was in the House at the same Time.
Q. What Money was that ?
Aldchurch. A 27 s. Piece, two Guineas and two Half Guinea
Q. Did you examine the Prisoner's Bundle?
Aldchurch. Not just then, but I did afterwards .
Q. How long after?
Aldchurch. About an Hour and a half, I can't justly say.
Prisoner . I got the Money before I came there, and they heard the Money gingle down, and then they bid me mend my Master's Stockings. Did you see the Money in my Cloathes?
Sparks. I was in the Room sitting in the Chair against the Drawers . She drew away the Chair and open'd the Drawer , and took something out and went to put it into her Pocket, and put it beside her Pocket. She took it up again and went off with it.
Q. Were you present at the searching of her?
Sparks . Yes, my Lord .
Q. What was found upon her?
Sparks . The Money before mention'd .
Q. Did you examine her Mouth ?
Sparks. No, my Lord. But I saw the Money when taken,
Prisoner. I got the Gold and Silver and small Money before I came to his House. My Gold I had in my Box.
Q. You say it was your own Money: How came your Money in your Master's Drawers?
Prisoner. I did not touch any.
Q. You must consider here was a counterfeit Half Crown. The Witnesses both swear the counterfeit Half Crown was taken from you, and your Master swears that he had it three Years. If your Money was your own why did you put it into your Mouth?
Prisoner. I was like to be tore to Pieces about it.
Q. Your Master, when you was charg'd about it, said, you deny'd you had any Money about you.
The Judge to the Jury. Gentlemen, it is laid as a capital Felony. They have prov'd one Moidore, two Guineas and two Half Guineas, &c. that I don't see how it is possible for you to lower the Value of Money.
Guilty Death .
North. Gentlemen, my proper Witness is not here, I have sent , I expect him to be here every Moment .
Q. Give an Account of what you know of this Matter .
North . I had been at an Acquaintance's House of mine , the other End of the Town. Coming home I was very late, between Eleven and Twelve o'Clock.
Q. When was this?
North. To the best of my Knowledge, Sunday Night last was three Weeks; this happen'd in Cheapside , near Bow Church : There were two Creatures came up to me and said, How do you do, good Woman? She (the Prisoner) got up close by me, whereas my Pocket hung as it does now: Says I, good Woman, I don't know you. There were two Creatures together. She put her Hand into my Pocket and took out two Half Crowns, a new Six-pence and some Farthings, to the best of my Knowledge three Half-pence. When she took it out I felt her Hand in my Pocket, but I did not seize her immediately, because I could not see the Watchmen about. Thinks I, when I see a proper Watchman I'll charge you with it. There were three of the Creatures. When they came down Foster-Lane, says she (the Prisoner) I'll go Home this Way; says I, I can go Home this Way too. When I saw the Watchman upon the Stand I took immediately hold of her Arm; I said, you have robb'd me of such and such Money. When we came to the Watchman, as she is a common Creature that every one knows, I said, you robb'd me; she express'd herself in a Way I cannot express. I have a Husband, and I have got a Child almost nine Years old; I told her, I did not know what she meant by it; I don't desire, I said, any further Law; but I would have my own. Says the Constable, giveElizabeth Hooker , I know you to belong to a Gang of Thieves in Cheek-Lane , you come often upon such Affairs, I must commit you. The Alderman told her he had seen her in the Streets at Night.
North. I live at Hackney, overagainst Justice Mark's.
Q. How did you come to charge the Prisoner at the Bar, when you say there were two Women?
North. One of them went before, she ( the Prisoner) stood up close by me .
Q. When did you find your Pocket was pick'd ?
North. That very Instant, my Lord .
Q. When did you first examine your Pocket?
North. After this Accident .
Prisoner. My Lord, I have known the Witness these twenty Years; she has been try'd several Times here; she has stood in the Pillory three Times: My Lord, she charg'd another Woman with the Robbery as well as me. She ask'd me to go to drink with her. Enquire her Character. Coming down Honey-Lane Market, the Prosecutor standing by the Door, she ask'd me to go and drink with her; she insisted I should go and drink along with her. I follow'd down all Cheapside: As I came down there, there came along a Man with a Link in his Hand. The Prosecutor insisted I should drink with her, or else, she told me, it would be the worse for me. Says she, here is the Watchman, I'll charge you with stealing two Half-Crowns, and a new Sixpence, and three Halfpence. I said, You Watchman, see I throw nothing out of my Pocket. When I came into the Watch-house the Constable search'd, me and search'd the other young Woman. When we came in to the Watch-house, he says, What Rachel, the Jew , &c.
Mason. I was in the House when she was brought down into the Watch-house: I was in the House all the Time she was there along with the Man she was charg'd with. What the Prisoner says is all false ; she was not search'd in the Watch-house by the Constable, nor any one else.
Q. Was she search'd at the Compter?
Mason. She offer'd rather to give twenty Half-Crowns than go to the Compter .
Prisoner. My Lord, she stood once at the End of Fetter-Lane ; once at the End of Fleet-Lane; and once at the End of Fleet-Market. She has been tried several Times at the Old-Baily .
Prisoner. Yes .
Q. What, do you call these Witnesses to your Character?
Prisoner. To my Character, my Lord.
Mary Harrison . Please you, my Lord, I was along with my Mistress; we had been out at Dinner. We met the Prosecutor; she ask'd my Mistress to drink a Dram: She said, if she did not drink a Dram it would be the worse for her. She follow'd us down Foster-Lane; there she charg'd her with the Watch; there the Prisoner at the Bar was search'd, and they found no more than a Six-pence, a Thimble, and a Knife .
Q. Where did the Constable search her?
Harrison. In the Watch-house .
Q. Were you search'd too ?
Harrison. Yes, please you, my Lord. I had two Shillings in my Pocket.
Mason. Yes; but what she says is all false, for she was not search'd.
Harrison. The Constable search'd us, but found no such Money about us.
Q. Did you go to the Compter with her the next Day?
Harrison. No; only to see her. When we were in the Watch-house the Prosecutor charg'd me as a Party concern'd; but afterwards she said, I have nothing to lay to her Charge. But when I was coming out, she charg'd me again; then the Constable would not take her Charge.
Q. Was the Watchman charg'd with you as well as with the Prisoner?
Harrison. No, my Lord, she did not charge me.
Q. Is the Prisoner your Mistress?
Q. What Business does your Mistress follow?
Harrison. She deals at Rag-Fair in buying and selling old Clothes .
Halberd. I am a Diamond-cutter by Trade; but I have been a Porter for some Years behind the Royal-Exchange .
Q. What have you to say to this Matter ?
Halberd. I had been home with my Master that I did Business for; he had been drinking at the Angel, at one Mr. Pauling's; he order'd me to attend upon him with a Link. I was coming home to Crowder's-Well-Alley: As I was coming along, over-against Row-Church, I saw this Woman and the Prisoner at the Bar: So, says I, how do you do. I had known her by coming up and down the Street. Phillis, said I, how do you do; if you think proper to go my Way, you shall partake of the Light of my Link: With that, this Woman insisted upon the Prisoner at the Bar to drink; the Prisoner made Answer, she would not drink with her at all, she did not like her. The Prosecutor answer'd, If you won't drink with me it will be worse for you by and by. With that, I said to Phillis at the Bar, I can't stay, God bless you, I wish you good Night. In about two or three Days after she sent for me to Wood-Street Compter: That is all I know of it .
Prosecutor. Please your Honour, there was no Man with her, 'till they came to the Watch-House; there was no Man there with a Link nor any Thing else .
Higham. I know nothing of it, but I come to give the Prisoner a Character. I never heard any Thing against her in my Life. I have trusted her in my House, and left her in my House .
Q. How long have you known her ?
Higham. I have known her these six or seven Years , my Lord.
Q. You take her to be an honest Woman.
Higham. I never heard of her being dishonest.
Q. Have you ever trusted her?
Higham. Yes, my Lord .
Q. Where do you live?
Higham. I rent a House in Chiswell-Street of 12 l. a Year, opposite the Sash and Rising-Sun.
Fisher. Nothing but what is very honourable. I take in Gentlemen's Linnen to wash. I have trusted her in my Place often, and I know nothing to the contrary of her being a very honest Woman in all Respects.
Q. Where do you live?
Fisher. In Whitecross-Street.
Buckling. Please you my Lord, I have known the Prisoner these five or six Years. I have trusted her in my House, and I never saw any Thing against her.
Q. What Character does she bear in the Neighbourhood.
Buckling. She liv'd within ten Doors of me.
Q. What Business does she follow?
Buckling. Buying of Cloathes, and China to sell and change, and Things of that Kind .
Q. Do you remember the Time that the Prisoner was brought into the Watch-House?
Garret. Sunday Night about Five o'Clock.
Q. What was the Prisoner charg'd with?
Q. Do you remember whether the Prisoner at the Bar was search'd?
Garret. Yes, her Pockets were search'd, and she would have suffer'd herself to be stripp'd .
Q. What was in her Pocket?
Garret. A Sixpence and a few Halfpence. The other Woman has as bad a Character as she. One charg'd the other to be a Sodomite . This Prosecutor and Defendant were in Cheapside all the Evening .
Q. Did it appear to you by any Thing the Prosecutor said, that she was coming from the other End of the Town. Did she confess she had been with her in the Evening?
Garret. She stood talking with her in Cheapside, that was all she confess'd.
Q. You said just now, you found they had been together all the Evening.
Garret. I enquir'd how they came to be brought down to me. I said, was there not a Watch in Cheapside to charge this Woman with. She said, they were bearing the Round.
Q. You say the Prisoner was search'd at the Watch-House.
Garret. Yes, she and the little one; and I found about the value of 3 s. and some Half-pence; but not a Half Crown
Q. You carry'd her to the Watch-House, was she search'd in the Watch-House?
Mason. I cannot say whether she was or not. I saw 6 d, that dropp'd out of her Pocket.
Mason. No, my Lord, she was not.
Court. The Constable says she was; that he took Money out of both Pockets himself .
Q. Was there any Discourse between the Prisoner and her?
Mason. The Women came down talking together; I heard their Discourse, but could not well tell what they said: But the Prosecutor said, I charge you with this Woman for picking my Pocket of two Half-Crowns. The Prisoner did say, that she would rather give any thing than go to the Compter.
Prisoner. I have nothing more to say, than that I had no more Money about me.
Court, (to William Basson.) Give an Account of what you know of the Prisoner at the Bar .
Basson. My Lord, he brought to my House, on the 30th of January, 140 Ounces of Gold Plate , or Silver gilt Plate; out of the Parcel he took 10 Ounces and a half. I receiv'd the Whole in Custody, and I never perceiv'd any was missing 'till last Saturday, when I sent to the Person that employs me; he said we had no such Parcel, it wanted 10 Ounces and a half. The Prisoner had alter'd the Paper and forg'd another Paper, and so made it 10 Ounces and a half less. The Gentleman told him, this is not the Paper, this is not my Hand, this is your own Hand.
Court. But you say the Prisoner at the Bar took 10 Ounces and a half back.
Basson. Yes, my Lord, by his own Confession he sold it at a Silversmith's in Whitechapel at 5 s. 5 d. an Ounce.
Court. You say he carry'd it to a Person in Whitechapel, and there sold it.
Basson. Yes, my Lord.
Q. (to the Prisoner.) Have you any Question to ask? Your Master says you was employ'd to bring to him 140 Ounces of Silver, and you took ten Ounces and a half of it; which he says you have confess'd .
Prisoner. Please you, my Lord, I was very much in Liquor at that Time.
Basson. Not at all my Lord.
Stephens . The third of January last, the Prisoner came to my Shop and offer'd to sell some Gilt Plate, what we call Waste. I ask'd him how he came by it. He said it was his own, he was a Master Olrice-Weaver, and he kept several Men under him. Don't some of the Master's employ you? Yes, he said . What is the Reason you don't carry this back again ? My Master won't give me so much by 6 d. an Ounce as I cansell it to a Shopkeeper. I ask'd him where he liv'd and where his Master liv'd. I gave him 5 s. 5 d . an Ounce for the Silver.
Q. It was gilt Plate, was it not?
Stevens. Yes, gilt Plate, please you, my Lord.
Basson. It was cut in a thousand Bits. It was upon Quills at first, when he took it away. The Length of it might be a thousand Yards, but he cut it off in Bits .
Q. What was the Use of that Plate?
Basson. To make Lace .
Q. It was brought to your House in Plate.
Basson. In Wire , my Lord. Our Trade is to put it upon Silk .
Prisoner. My Lord, I know nothing.
James Best . My Lord, the Prisoner at the Bar confess'd to me that he had taken 10 1/2 Ounces of Gold Plate, and sold it to a Silversmith in Whitechapel . Mr. Basson gave me three Guineas in order to redeem it again.
Q. When did he make this Confession to you ?
Best. I think the last Week at Mr. Basson's House.
Basson. Yes. He has been my Servant four or five Years, but a great Villain to me.
The Prisoner had little to say in his own Defence.
Guilty 39 s.
Woodward. I have abundance of Pots . But these were lost the 30th of last Month.
Q. What did you lose then?
Woodward. A quart Pot and a pint Pot.
Q. Any Thing else? Did you lose a penny Pewter Pot too.
Q. How came you to suppose the Prisoner at the Bar, Goodsense, took it?
Woodward. Because they came to my House, and upon falling out, they made a Confession.
Q. When was this Confession made?
Woodward. I think on the 30th of January.
Q. Which is Goodsense?
Woodward. The little one. Delforce is the Mother of her.
Q. What did the Mother confess?
Woodward. I had been out in the Evening, and when I came home, I found the two Prisoners accusing one another: Upon that I had a Suspicion of them and carry'd them before the Justice.
Q. What do you know of the Confession made before the Justice, was it taken in Writing?
Q. Have you got it here;
Robinson. The Mother, this Delforce, wanted me go with her to the Church-Warden , to get her little Girl into the Hospital. Delforce brought Elizabeth Goodsense , her Daughter, to my House; as soon as ever she came in, she said, Hussey, where is the Pot I put out for the Servant to take. I put it out to the Door, and coming out again the Pot was gone.
Q. What did the Girl say upon being charg'd with taking the Pot?
Robinson. Said, she knew nothing of it.
Q. How did her Grandmother treat her all this Time?
Robinson. The Grandmother said, she was positive none had been there but her. And said, if Goodsense would not own where the Pot was, she would make Mr. Woodward send her to Jail. They told her she should not be hurt if she would tell the Truth. But at last she said, she knew the Girl that had took it away. Then they went to enquire after this Girl. She mention'd the Girl that was along with her at taking it away. The Girl that she said had taken it away, had not seen her that Day. I heard the little Girl, Goodsense, say, the Person's Name was Hull , that bought the Pot .
Q. Who sold it?
Robinson. She sold it herself.
Q. Did she say that she took it?
Robinson. She told her Grandmother, that she took it from the Entry of the Door of her Grandmother's Passage .
Q. What Age is the Girl ?
Robinson . I think her Mother says she is 15 To-morrow.
Q. Have you any Thing more to say?
Q. What is the Mother committed for?
Robinson. Why they said, the Mother was with the Girl when they took the Money for the Pot .
Q. How is that prov'd?
Robinson. It does not at all appear.
Q. Have you any Thing more to say?
Robinson. The Mother knew nothing of it.
It appear'd to the Court that the Mother had acted a commendable instead of a criminal Part. And the Girl being so young, and the Confession seeming to be extorted from her, they were both acquitted .
Holmes. Yesterday was a Week, my Lord.
Q. How much did you lose?
Holmes. About Two Yards and a half.
Q. How did you lose it?
Holmes. Out of my Compter.
Q. Where is your Shop?
Holmes. In East-Smithfield.
Q. How came you to suppose the Prisoner at the Bar took it?
Holmes. My Lord, one of my Servants catch'd him .
Ruth - I saw the Prisoner put it into his Bosom.
Q. What did he do?
Ruth - I ask'd him what he took it for, and he told me he took it out to see what it was.
Q. Whence did he take it?
Ruth - Out of the Compter.
Q. Was the Compter shut?
Ruth - Yes, my Lord.
Q. What else?
Ruth - Why he took it to make him a pair of Breeches.
Prisoner. I had it in my Hand upon the Compter. She came up and said , what are you doing, you are about to put that up. No, says I, Ruth, I am not. Upon that I took the Stick I had there and went home. The Maid sent for me at Night. I did not know what it was for, I said, I would go. I have been up and down there these 20 Years. They never found I had any Thing in the World, nor wrong'd them of a Farthing .
Q. Have you any Body to speak to your Character ?
Holmes . I have known this Man 22 Years.
Q. Pray, except in this particular Fact, what Character does he bear? Did you ever hear that he had been guilty of any Thing of this Sort.
Holmes. I have entrusted him with 100 l. worth of Things.
Q. Had you any Reason to suspect his taking any other of your Goods?
Holmes. No. my Lord.
Pearson. I lost a pair of Stockings about Two o'Clock, the 22d of February, from my Shop in Chiswell-Street .
Q. What have you to say against either of the Prisoners ?
Pearson. Please you, my Lord, two Women came to my Shop in order to buy Stockings, as they pretended .
Q. Did they come together?
Q. What then?
Pearson. They cheapen'd some Stockings. They wanted some green Stockings with red Clocks. They told me they wanted something more ordinary. My Servant brought some, but they would not give so much for them; A Person had been there before and gave but so much. My Wife, as they seem'd to be poor Girls, desir'd they might have them. The little Girl would not give so much as 22 d. for them, which was their own Price. I bid them get them gone, they did not come to buy. A Neighbour came to me, and said, please to examine your Stockings, whether you have not lost any. There were two Dozen upon the Compter. I examin'd the Stockings, and there were two pair gone.
Q. How long was this after the Women were gone?
Pearson. About a Minute. Says this Man that stands here, if we go out, I believe we shall overtake them. When I overtook I laid hold of them, and said, go back to my House: With that the beggar-Woman took one of the Stockings and threw it over some Pallisades . So then I brought them to
Q. After this, what did you do farther?
Pearson. Please you my Lord , I brought them to my House , and we thought it proper to have an Officer. They call'd me Rogue, and the like. Upon this we had them before a Justice.
Q. Did they deny it? As to these Stockings produced, these are odd Stockings; were they upon your Compter at that Time ?
Pearson. Yes, please you my Lord, in Pairs, in 24 Pairs .
Q. Can you recollect that particular Stocking you saw the little one throw away, are you sure it was one of them?
Pearson. I did not take it off the Pallisades. This Man, the other Witness , took it off.
Q. Have you any Ting more to say?
Pearson. I have nothing more to say.
Q. Who did you deliver this Stocking to?
Price. I kept it 'till the Officer came, and we went before the Justice.
Q. (to Dawson, the Prisoner) Would you ask him any Questions? He swears he saw you throw one Stocking upon some Iron Rails, that he took it off and carry'd it to the Prosecutor afterwards, and deliver'd it to the Constable: And it is now in Court, and the Prosecutor swears it is his.
Michael Watkins . I keep the Black-Raven in Chiswell-Street. I saw my Neighbour go after the Prisoners, and as he pursu'd them one of them clapp'd her Hand to her Bosom; one Stocking hung on the Rails, and the other by. They were taken up by Martha Willis .
Mary - I was sitting at the Stall, and the two Prisoners and two more came by where I sit. The other two sat down opposite, in the Street, while the Prisoners went in to cheapen something. And when they came out again, they pass'd by my Stall, I heard the big one say to this Purpose, D - mn my Eyes, or Limbs , they are after us. I saw Mr. Pearson directly come after them, and upon that, she pull'd out of her Bosom two Stockings, she threw one of them over a Rail, and that was afterwards taken up by a Boy, a little dirty , and carry'd back. When Mr. Pearson came up, he clapp'd his Hand on their Shoulders and carried them back to his Shop.
Prisoners. Sir, we went into this Gentleman's Shop to buy a pair of green Stockings with red Clocks; he told us he had none under Half a Crown a pair, but 2 s. 2 d. was the lowest Price. With that we came away, we had not gone above 20 Yards, but he came to us and said, we must go to his Shop, and have us before the Justice. He said , he had hang'd one, and he would do his Endeavour to hang us. When he follow'd us, he clapp'd me (Dawson) in particular on the Shoulder, with two pair of red Stockings; and said he had lost two pair of such.
Eaton. All her Lifetime. Her Father was a Master Drover, and I never heard any Thing against her.
West. I know her to be very honest: She behav'd very well as a Servant, with me.
Q. In what Way did she live a Servant with you?
West. In making up Linnen .
Hedenbough. Fourteen Years. I never knew any Harm by her. She always work'd very hard.
Burleigh. From her Birth .
Q. What's her Character?
Burleigh. I never knew any Thing amiss of her, 'till she was drawn away within a Fortnight. She was a good sober Girl, 'till drawn away, by lewd Company.
Dawson. I have no Friend at all. Dawson guilty 10 d.
James Raven of the Parish of Stoke-Newington , not having the Fear of God before his Eyes , on the 31st of July , feloniously committed a Rape on the Body of Mary Irish .
Court. (to Irish) I find the Prisoner at the Bar is charg'd with committing a Rape on your Body.
Irish. I liv'd at Kingsland, at one Mr. Butter's. On the 31st of July I was going to my Master's House. Going on an Errand, this young Man met me, and two more. Two held my Leggs, the other stopp'd my Mouth with his Hand. I was going for my Master's Cows when this young Man met me; I got from him, but he follow'd me and threw me into the Ditch .
Q. How many in Company were there?
Irish. Four. Two held my Legs, one stopp'd my Mouth.
Q. What did the Prisoner do to you?
Irish. The young Man the Prisoner lay with me.
Court. I find you are a marry'd Woman, you understand what is meant by lying with you. Had he Knowledge of your Body, as your Husband has had ?
Q. Had he this Knowledge of you whilst these two People held your Legs and the other stopp'd your Mouth?
Court. This you say was on the 31st of July last.
Q. How happen'd this Prosecution was not commenced before now?
Irish. I could not find the Person out. When I went home to my Master and Mistress, I complain'd sadly that I had been us'd at this Rate.
Court. You say you complain'd to your Master and Mistress at the same Time, the same Evening.
Q. What Time of the Day was this?
Irish. At Eleven o'Clock in the Morning.
Q. Where was this?
Irish. By the Highway between Kingsland and Newington, the Corner of the Fields?
Court. And was this about Eleven o'Clock in the Morning.
Irish. Yes, Sir, Eleven o'Clock in the Morning.
Court. Look upon the Prisoner at the Bar, was he one of the Persons?
Irish. That was the young Man that lay with me.
Q. Was there any Person near that knew any Thing of it?
Irish. There was a young Woman in the Field, pretty near, that spoke to me about it three Weeks after .
Court. You say this Woman in the Field told you of it three Weeks after; when did you come to know that the Prisoner at the Bar was concern'd in it?
Irish. She told me she knew them all. This was Weeks after the Fact.
Q. When did you take up the Prisoner at the Bar?
Q. How happen'd it you did not take him up before ?
Irish. I had never a Friend to stir in it, to take him up.
Q. Where did you find the Prisoner?
Irish. At his own House in Old-Street.
Q. This Woman told you three Weeks after the Fact was committed, that he liv'd with his Father, and that his Father was a Housekeeper in Old-Street. This Person that told you the Prisoner at the Bar was one of the Persons, could she tell you who the others were?
Irish. She only knew the Prisoner at the Bar.
Q. And this Relation you had three Weeks after the Fact.
Q. Has your Father never been about getting some Money of this Man to make it up?
Irish. Not as I know of.
Q. What Highway was this; is it not a publick Road?
Irish. Yes, Sir.
Q. And if this Woman in the Field could see this Fact; if you had scream'd out, all these Pease-pickers must have heard you. What, none of these come to your Assistance? For these Pease-pickers were in Sight as well as this Woman. Did you tell any other Neighbour, or any other Person besides your Master and Mistress, of it? Were you got with Child by this Time?
Irish. Yes, Sir.
Price. I was in the Pease-Field , I heard Murder cry'd out. It was of a Tuesday, in the Pease Season. And coming along, who should we see but young Raven run over the Field. And he went to hurl Stones and Dirt at us. There came a Fellow up in a red Waistcoate, and swore, I'll have your Legs open. I saw nothing any farther.
Q. Where is this Pease-Field ?
Price. In the further Side of the Road.
Q. Where were these People?
Price. They were running out of the Room
Price. The next Day, and her Mistress was forced to put her to Bed.
Q. You saw him running , and this you told her the very next Day.
Edwards. Please you my Lord, we were in the Pease-Field , and heard Murder cry'd. With that I went out of the Field, I saw the Man in the Ditch, and could see nothing but the Woman's Cap and Sleeve of her Gown.
Q. Did you see the Prisoner at the Bar?
Edwards. Yes, please you my Lord. In some Time after they run over the Fields; and one of them said, the Bitch was not willing, but I help'd to hold her Legs.
Q. Did you see the Prosecutor that Night?
Edwards. I can't say I ever saw her since that Time, before Yesterday.
Q. Then she was gone before the Men came away.
Edwards. She was gone before we got to the Side of the Hedge.
Prisoner. Please you my Lord, I was not there that Day this Thing happen'd: Nor ever saw the Woman in the whole Course of my Life, 'till I was taken up.
Turner. That he had a Warrant to take up Mr. Raven's Son. He said, the Matter would be made up on pretty easy Terms. The Prisoner's Father and I took him into a Room. We put it to him, have you been guilty of such a Thing? He answer'd, no, if he was to be hang'd at the Door.
And after the Prosecutor's Father came to my House, and ask'd what we intended to do. That Warrant we took out is not strong enough, but the second is. The Father did say he tore the first Warrant. I told the Justice it was not tore.
Q. I ask you whether from July to this Time, this young Fellow absconded from his Business.
Turner. No, not at all.
Q. Now I ask you what Character has the young Man borne?
Turner. A very good one. I never knew or saw any such Thing of him.
Raven. Yes, Sir. I am his Uncle. He has work'd with me backwards and forwards for some Years, and quite as honest a Lad as any in England.
Q. You think he is a sober, honest Lad, that would not be guilty with such a Woman.
Q. Now, I would ask you, from July to this Time has he ever absconded?
Raven. No, never; but carry'd out Beer constantly .
Q. Did you take him to be a sober Lad, or a prostigate Lad, that would go to ravish a Woman?
Buoy. I have known him for some Years.
Q. Do you think he is a Lad that would do such a Thing?
Buoy. No, he has not Impudence enough for that. He is quite a modest, sober Lad.
Samson. I have known him from a Child.
Q. What Character has he bore ?
Samson. A very modest Character. I never saw him offer to kiss a Girl in my Life.
Q. You think he would not be guilty of such an enormous Crime.
Samson. No, nothing like it. He has been at my House twice a Week. And I think it wrong in the Prisoner's Friends that they did not bring more People to his Character: If they would, they might have brought half the Parish.
Q. How do you prove it?
Byrne. He did it by opening a Box.
Q. What Pieces were they?
Q. You say he took this Money out of your House, How do you prove he took it ?
Byrne. By leaving his Hat on the Pantiles , under the Window of the Chamber we lie in.
Court. Then that Hat gave you a Suspicion?
Q. Where did you take him up?
Byrne. At the Coach and Horses at Whitechapel-Bars .
Q. When you had taken him up, what pass'd then?
Byrne. When we had taken him, he own'd that he had 4 l. 14 s. that Half a Crown he had spent. ( The Money was produced in Court, in a Box that he had taken it away in.)
Q. Then that Money he own'd?
Byrne. Yes, Sir.
Prisoner. I did not own that I took the Money away.
Bennet. Please you, my Lord, I was call'd up by Mr. Byrne between Four and Five o'Clock; I went to assist him. He search'd the House, suspecting there might be more than this one that run away. Being dark, and raining very hard, he did not see who it was . In searching about the House, there lay Linnen out of the Box, in one Place and another , and a large Silver Spoon, &c. With that my Man and another Man went to search the House.
Q. How came you to suspect the Prisoner at the Bar?
Bennet. In looking out at the Window we saw his Hat, taking it up with a Pair of Tongs, it was half full of Water. Mrs. Byrne said, Here is the Thief's Hat. Mr. Byrne said, it was Tom's Hat; for he had chang'd, on Shrove-Tuesday , with a young Man at his House, who was then gone to Sea. Mr. Byrne said to me, Mr. Bennet , Will you go and drink a Draught of Purl at the Coach and Horses? When we went there the Prisoner was sitting without his Hat , and his Wig as wet as Dung. Then we charg'd him with the Money, and told him, it would be better for him to deliver the Money up again; which he did, throwing the Money down again, only the Half-Crown he had spent .
Byrne. Out of our Skittle-Ground he got in at the Window .
John Lobb . Please you, my Lord, this Mr. Bennet call'd at my Window and said, I beg you would come down, Mr. Byrne's House is stripp'd. When I came in they shew'd me up into the Chamber, where the Cloaths lay about the Room. I and another surrounded the House for fear the Thief should get away, and not be catch'd. By the Hat we had a Suspicion of the Prisoner; otherwise none would have had a Suspicion of him, he behaving so well. I went to the Headborough, and he refus'd coming. We surrounded the House, and I said, We had better go to Justice Quarril. I went with Mr. Byrne to drink a Pint of Purl at the Coach and Horses; there the Prisoner at the Bar was without his Hat. Mr. Bennet said, We have got the Prisoner. We told him if he would deliver the Money up, we would be favourable to him. He said he had spent Half a Crown of it, and he laid down what remain'd.
Mary Byrne . About Four o'Clock I heard a Noise in the Room; my Husband said he believ'd it was Rats; then we thought it might be our Dog: Says my Husband, The Rats may be nibbling at your Boxes; upon that I struck a Light, and while I was blowing the Tinder to light a Match, somebody run out of the Room; I scream'd out, and my Surprize was so great that I could not light the Candle: But we soon got up, and found the Door open, which I suppose he open'd to run out. When I came to search I found all my Linnen safe , but the Money that was in that Box. There were several particular Pieces: Two or three Pair of Mourning Buckles in that Box he took away; this Lid I found in the Chimney-Corner. To the best of my Remembrance, there were 18 s. in another Band-Box. In his Hurry, in taking these 17 or 18 s. he took up the Necklace with it. (The Necklace and Money were produced in Court.) He is a young Man I should have suspected the least of any body; he was a young Man that behav'd very well. The Ruin of this young Man was his keeping Company with a Whore. He said lately , Mrs. Byrne, I wish I had known your House some Months sooner.
Prisoner. I deny that I said I had the Money; but I said, if I have any Money you shall have it.
Q. They say you deliver'd back the Money, and said this was all you had taken , except the Half-Crown
Q. Have you any Witnesses to call?
The Prisoner had very little to say to the Purpose in his Defence.
Guilty. Death .
The Prosecutors earnestly recommended him to Mercy on Account of his former good Behaviour, and verily believing it to be the first Fact. Also the Jury recommended him to his Majesty's Mercy.
Chinner, (by an Interpreter.) He says he never saw them before the Time he was robb'd, which was on the 5th of January , on Sunday Night; and that one of the Prisoners cut him with a Hanger.
Q. Which of them?
Interpreter. He with the red Waistcoat, Abijah Burk.
Q. Was his Peruke taken off?
Q. How came these Boys to be apprehended?
Q. Did any one put his Hand into his Pocket? Had they any other Arms besides that Hanger?
Interpreter. They had all Cutlasses; there were four of them.
Lovet. Mrs. Frank sent for me, and told me one of her Lodgers was robb'd in Rag-Fair; that the Woman would be there by and by who saw the Robbery committed. Upon this they got a Warrant to take up this Abijah Burk. They went to his Lodgings, and found him in Bed: He got out of Bed, and turn'd it up; but we turn'd it down again, and between the Bedcloaths we found the Hanger, and likewise the Hat; and the Prosecutor said he knew it was his Hat; it was found under Abijah Burk's Bed. The Hat and Hanger were produced in Court.
The Prisoner could ask no Question at all to the Purpose.
Elizabeth Dunbar . Upon the Night the Robbery was committed I was sent by my Master on an Errand: I saw the Prisoner cut the Frenchman over the Head, and the little one put his Hand into the Prosecutor's Pocket.
Q. When was this?
Dunbar. On Sunday Night, the 5th Day of last Month.
Prisoners. Please you, my Lord, to ask her where she was when she saw this?
Dunbar. At the Chandler's Shop, getting some Butter, next Door but two to the Pork-Shop.
Prisoners. Please you, my Lord, to ask the Prosecutor where he lost these Things?
Interpreter. Near Rag-Fair.
Dunbar. Yes, I believe about thirty Yards from the Watch-house.
Q. Are you sure the Prisoners at the Bar were the Persons?
Dunbar. Yes, Sir; I could safely swear to all the Three: For that very Night two of them, Wareham and Davis, ran up Stairs, with a Hanger, to kill me.
The Prisoners could not ask any pertinent Questions, only reproach'd the Prosecutor and Witnesses.
Anne Webley . I nursed Burk's Wife with a Child for three Weeks, and the while two Girls picking up the Prosecutor, brought him into my Room: With that he call'd me his Mother; I your Mother! I am sure I don't know you! Then , says he, will you fetch me a couple of Pots of Beer; and serching the Beer they ask'd me whether I could get some Meat. Upon that I went to the Cook's for Meat, &c.
Q. What Countryman is the Prosecutor? Had you all this Conversation with him? Can you talk French, or does he talk English?
Burk answer'd. My Lord, he spoke very good English before the Justice, and when he took us.
Anne Webley , pretty much overshot the Time.
Court. If you cannot speak nearer to the Time, and more to the Purpose, I'll hear no more of you.
The Court observ'd that Webley said it was a Fortnight before , or the last Sessions: Now the last Sessions were on the 17th of January.
All Guilty of the Felony and Robbery .
Q. When did you lose the Goods out of your House?
Abel. The 6th of December following.
Q. What Goods did you lose?
Abel. I lost a Silver Coffee-Pot, a Silver Bason, a Silver Boat, two Silver Spoons, and one Pair of Silver Tongs.
Court. You lost them out of this House.
Q. Upon losing them, how came you to suspect the Prisoner?
Abel. Please you, my Lord, the Prisoner came to my House in the latter End of November: I keep a Tavern in St. Martin's Lane. She came with a Gentleman to my House; they had a Pot of Coffee instead of Wine; so I sent all these Things in. I had known the Person that was with her for 30 Years; and the Things came out again. On December the 6th the Prisoner afterwards came again.
Q. What Time of the Day or Night?
Abel. About Four o'Clock in the Afternoon: Says she, do you remember me; I answer'd, Yes. Pray, says the Prisoner, make me a Pot of Coffee: I love Coffee as well as the Gentleman, and the Gentleman is coming again to meet me: Accordingly, I sent the Things in, expecting this Gentleman to come. Upon that I sent the Coffee in, and some Time after my Man went in to see if she had done with the Coffee: She said the Gentleman was not come, and she would keep it hot. She call'd my Man to go for this Gentleman; and after she had sent him out, she call'd for the Maid and sent her out on an Errand too. I had been lame for some Time, and observing that, she took her Opportunity , and immediately went out with all this Plate .
Q. Where is this Room ?
Abel. 'Tis below Stairs ; it was a publick Drinking-Room .
Q. You do not mean publick for more Company than one ?
Abel. No, my Lord .
Q. Did you see her go away?
Abel. No, my Lord.
Q. Did she pay for her Coffee?
Abel. No, my Lord; she went away without being seen.
Q. How long after she went did you miss the Things?
Abel. Immediately , my Lord. My Servant, who went out on her Errand , came to give her Answer. When she went up into the Room, she said, Madam, the Plate is gone. Afterwards , I immediately sent to my Friend, and I sent and advertis'd that very Night. Upon that my Friend came and was vastly surpris'd. However, he gave me Directions to several Places, but I could not find her. At last, by advertising, she was taken .
Q. Where was she carry'd?
Abel. To Bridewell.
Q. Where and when did you see her?
Abel. I saw her in Bridewell.
Q. Did you accuse her with these Things?
Abel. Yes, my Lord: And she own'd them all; I have a Paper of them that she sign'd.
Q. Did she own the taking these Things before she writ the Paper, did she mention the several Particulars ?
Abel. Yes, my Lord. She directed me to those People that have the Plate here.
Q. What are their Names?
Abel. Mr. Gardiner, and Mr. Hopmaster .
Prisoner. Please you my Lord, she is an old Bawd, and has kept a bad House these 20 Years. Did I tell you that I took every Thing from you?
Abel. All, but the Spoons and Tongs.
Hopmaster. Mr. Gardiner sold these three Pieces to me. A Silver Bason, Silver Waiter and a Silver Coffee-Pot.
Q. Have you any Thing more to say?
Q. Look at the Prisoner at the Bar; was she present?
Hopmaster. No, my Lord, she was not. I know nothing of the Prisoner. I bought these Things of Mr. Gardiner. On a Saturday Evening, just as I was going out, the Prisoner at the Bar came, and said, did not you buy some Silver belonging to me, of Mr. Gardiner. I have a Lawyer I employ, I must give him some Money this Day. The Coffee-Pot I bought of the Prisoner, thro' Mr Gardiner's Recommendation. Mr. Gardiner call'd at my House afterwards, and ask'd if I had not bought the Coffee-Pot.
Gardiner. Please you my Lord, the Prisoner at the Bar came to my Shop and ask'd for a Gentleman I knew nothing of. After she had sat some Time in the shop, she said, she was a very unhappy Lady. That she was an Heiress of 500 l. a Year, and that a Rogue was endeavouring to get her Estate. I said, Madam, if you please to come in, it is very cold. By the Subtlery of the Woman, she wrung Compassion from me and my Wife. Said, she lodg'd at Kensington. Next Day, she came with Kensington-Stage . She ask'd me to lend her Three-Pence. She laid a Shilling upon the Dresser, and gave Three-Pence to the Coachman. She came and turn'd herself round the Shop, and said, she wanted a pair of Scissars, which came to Nine-Pence, which, and the Three-Pence, made the Shilling, and said, I told you I am a very unhappy Lady. Do you know how Plate sells an Ounce. She pull'd out those Things that were before mention'd and desir'd me to sell them for her. said I, Madam, how can you repose such a Confidence in me? Do you know the Weight of them. No, I don't. Oh! Says she, I have had such a Character of you, I could trust you with 5000 l. And accordingly I went with the Plate, and sold it to Mr. Hopmaster. She told me she was a Relation of Sir Watkin William 's. I went to enquire of his Gentleman, who had liv'd with him many Years, and who knew the Family exceeding well, whether there was such a one as Counsellor Williams , of Hertfordshire , who had left an only Daughter: But he knew of no such Person. She said she had an immense deal of Plate to sell, in order to defray her Expences in Law, Come says she, I love to be grateful. Madam, you say you are necessitous , I don't desire you to lay out any Thing with me. She look'd in my Glass, and fix'd her Eyes upon a Ring, and ask'd me the Price of it. Madam, I said, it cost me 18 s. and I never will sell it under. Says she, there is a Gentleman, one Mr. Ross, a Linnendraper, I purpose to buy this Ring, and make a Present of it to him. So she bought the Ring and away she went, and din'd with me the next Day. This Woman look'd reputable enough. On purpose to satisfy my Curiosity , to see if she had any more Family Plate. So on Saturday, while I was gone out, my Cousin told her I had sold it at Mr. Hopmaster's. So my Lord, I gave her an Invitation to come again and dine with me. And I din'd with her one Sunday at a reputable Distiller's, one Mr. Williams, and Ross gave her a good Character, and said she was a Lady of Fortune. Still I could not be easy, I thought it was an Oddity, that Sir Watkin's Butler, who had known the Family, could give no Account of her . So my Lord, on the Fast-Day at Night, Mr. Winsmore came to me, and said, pray don't you sell Case-Knives. He was about to keep a publick H ouse , they pretended to be Husband and Wife. The Prisoner at the Bar had told somebody that she had lodg'd and boarded at my House. After we had made an Agreement about the Knives, he wanted a Bed for his Wife. I said I had a Gentlewoman that lodg'd with my Cousin, and I told the Tale. Then Mr. Winsmore said, if you don't produce the Prisoner I will put you in Newgate. She has made an Elopement from Clerkenwell. There are five Guineas for taking her. Accordingly we call'd a Coach and we found her in Bed. Upon this she was retaken and carry'd to Clerkenwell Prison.
Q. Upon your seeing her in Custody, was any Body sent to about the Plate?
Gardiner. No, my Lord.
Q. Did you hear her make any Confession about the Plate. All that you say is, that she deliver'd that Plate to you and desir'd you to sell it. And you sold it accordingly.
Gardiner. Yes, my Lord.
Q. Did she send you out upon any Occasion?
Thomson. Yes, my Lord. She sent me out for a pair of Gloves. When I came in again I miss'd all the Plate .
Q. (to the Prisoner) Would you ask this Witness any Questions?
Prisoner. That Woman that owns the Plate, wanted me to come to live with her. She keeps a Bawdy-House . For this Plate or any Thing that I had, she said she would make her Man pay. She had got 20,000 l. Please you my Lord , she has hang'd twenty.
128. John Peter Mayaffree stands indicted, for that he, on the 20th Day of December , was possessed of a certain Lottery Ticket, that before that Time had been made in Vertue of several Acts of Parliament, &c.
He stands indicted a second Time, for uttering and vending, with an Intent to defraud Persons unknown, &c.
Council for the Crown. Gentlemen, The Prisoner at the Bar has pleaded that he is not Guilty: We , who are concern'd for his Majesty, shall call our Witnesses ; and if we prove to your Satisfaction , you'll please to find him Guilty.
Another Council. I am Council of the same Side on the Behalf of the Crown, against the Prisoner . The Offence , you observe, he stands now indicted for, has been in some Measure open'd by the Gentleman before me.
Gentlemen, I believe it is pretty well known to you, that great Part of the Property of the Subjects of this Kingdom is in Government Paper-Securities. In order to secure that Property to the Subject, it is but necessary the severest Penalties should be inflicted upon those that should venture to alter those Securities . With Regard to this present Indictment it is laid different Ways . There are Charges upon the Prisoner at the Bar , that he in Fact did forge and alter this . It is likewise laid, that he did vend and sell the Ticket so alter'd and forg'd, as there are various Accounts in the Indictment. If we shall either shew to you that the Prisoner himself actually forg'd, or which is the same Thing, the same in its Consequences, he sold this Lottery Ticket knowing it to be counterfeit, the Offence will be the same . To prove that he actually forg'd this himself, it may be a difficult Matter, or to produce any Person that was present when he did. Gentlemen, you'll consider, that Forgeries are Works of a very dark Nature; but really the Evidence we shall lay before you, will amount , in my humble Apprehension, to a demonstrative Proof, that the Prisoner at the Bar was the Person who was actually guilty of altering this Ticket himself. Tho' supposing it does not come up to that, our Evidences will shew, that he did actually sell this Ticket so alter'd , knowing it to be so forg'd. Gentlemen , I think in order to find the Prisoner Guilty, there will be three Things to prove to you: First, That this was a forg'd, alter'd, counterfeit Ticket. This is the first Fact I shall lay before you. The next Thing , in order to bring it home to the Prisoner at the Bar, will be to shew you, that this Ticket so altered, counterfeited and forged , was sold by him to a Person at Hazard's Lottery-Office . The Third, that he knew it to be counterfeited and alter'd; or, which will amount to the same Thing, that he actually forg'd it himself. Gentlemen, I believe I shall be able to prove all these Things to you strictly and demonstratively. Gentlemen, the Method in which I propose to lay this Evidence before you, will be in the first Place to shew you, that the Ticket is in Fact an alter'd, counterfeit, not a true Ticket. In order to shew that, it may be necessary to observe to you the Manner of making out these Lottery Tickets. 'Tis directed, that there shall be a Book made, and that in that Book there shall be three Columns. I shall first mention to you the Columns, then the Reason. The Act of Parliament directs, that the Book shall be divided into three Columns, the middle Column is to be the Ticket, which is to be sold and dispos'd off to the Proprietor of the Lottery. The outside is to be given to the Adventurer. The Ticket next to that goes into the Wheel, but between them there are Flourishes, and those Flourishes must exactly agree. Further, at the End of the other Ticket there is another Flourish, which, when the Party comes to the Government to receive the Prize, supposing it to be a Prize, 'tis check'd with a Flourish remaining upon the Back; and if it does not agree with it, 'tis clear 'tis a Forgery. I don't think the Wisdom of Man could have invented a greater Method of certain Security, than having these particular Flourishes, so divided by a Pair of Scissars. Then, Gentlemen, let us consider , whether this Ticket deserves the Name of a true genuine Ticket; or, whether it deserves the Name of a counterfeit or forged Ticket. Upon the Face of the Ticket itself, we shall produce the Purport to be of Number 19165; that Purport is upon the Face of it. But Gentlemen, we shall shew to you these Tickets, as sign'd by Mr. Hans, who is the proper Officer for signing Tickets. We shall shew you this Number 105 is not the Ticket it was at the Time it was made out, but it
The second Part will be more particular to your Consideration, which relates to the Prisoner at the Bar, that is, to bring home to him. The second Point will be to shew that the Prisoner at the Bar sold this very Ticket, now purporting to bear the Number 19, 105, and which will prove to you, that he sold the Ticket for 20 l. and it may not be improper to suggest to you the Reason the Person may have to alter the Number; 19, 165 was drawn a Blank, the Number 19, 105 was drawn a Prize, 20 l. If a Man by his Ingenuity, instead of being the Proprietor of a Blank, he was then entitled to a Prize of 20 l. We shall prove that the Prisoner brought this Ticket to Hazard's Lottery-Office as a Prize of 20 l. But, Gentlemen, there is a Step further we must go, and that is, to induce you to be of Opinion, that the Prisoner at the Bar, when he sold this Ticket, knew it not to be a real genuine Ticket; but that he either alter'd it himself with his own Hand, or he knew it to be alter'd by some other Person; and, Gentlemen, in Things of this Kind, as I mention'd before it, it is impossible to call any Person who was by at the Time of his forging of it. Would he call any Witness to see him perform it; nor after he had done it, would be in Prudence acquaint any Person that he had done it? Then how is it Persons are ever prov'd guilty of Facts of this Kind, but from Circumstances, if they are strong, clear and plain; such will convince you that he did know? These are the Things that will be most proper for your Consideration; and, Gentlemen, we think we shall be able to do it.
I would begin first with laying down one Fact. which shews , in my Opinion, the Wickedness of the Intention of the Prisoner at the Bar; that was this: This Ticket he bought at Wilson's Lottery-Office ; when he came there, he enquir'd for some Lottery Tickets to buy, and enquir'd for Numbers where there were either 6 or 9 in these Numbers: The People with regard to Chances might be superstitious; a plansible Reason he gives why he desir'd Numbers of 6 and 9, was that they were fortunate and lucky Numbers: Gentlemen, I am afraid it will be the Reverse to himself. Gentlemen, if you consider it, it is an easy Thing to take off 6 and make it an o. Thus the 6 and 9, by the Alteration of one of these Numbers, you have twenty-three Chances to one but it comes up a Prize; if you have the Number wherein there is a 6 and 9, keep it, see whether it comes up a Prize or not: If it comes up a Blank, if I will own this Number, in five Numbers suppose 6 and 9 to be among them, according to my Instruction you may have twenty-three Chances, in order to have a Chance of that's coming up a Prize; therefore he shews cum animo, that he applied at Wilson's Office to have a Ticket with a 6 and 9. As Matters of this Nature depend on Circumstances, we must lay all before you, and you must connect them all together. And after some Time that he had bought this Ticket , and it came up a Blank, he went and sold it for a Prize at Mr. Hazard's Lottery-Office. I believe it may be known to you to be pretty usual , when a Ticket is sold for a Prize, that the Owner of the Ticket, or the Person that sells the Ticket, is requir'd to indorse his Name on the Back of the Ticket; accordingly the Prisoner at the Bar was directed so to do when he sold this for a Prize of 20 l. Gentlemen, did he put his Name on the Back of it? No. What was the Name? John Wilson , jun. How came he with his own Hand to write John Wilson , jun. when his Name was Peter Mayaffree , not Wilson? Would a Man, who intended to act fairly, go not to put his true Name, Peter Mayaffree , and put one John Wilson , jun.? That to me is an extreme strong Circumstance, that at that Time he was doing what he knew he ought not to do: He must know it was hazardous, dangerous to put his own Name: Had it been not a real good Ticket, he had been conscious to himself, he had beenJohn Wilson , jun . If we make this to be Fact, with this Circumstance alone, which I did not think to do, there is another Circumstance, that at the Time he was charg'd with this Offence, that he himself own'd and acknowledged it. But, Gentlemen, you'll excuse me, however, from not relying singly on that Circumstance of his acknowledging alone ; though, to be sure, it is the strongest Evidence in the World; but to strengthen and corroborate that, we, on the Part of the Crown, think it our Duly to lay before you all the Circumstances. These are the Circumstances we must mention; we don't doubt , when we have laid these before you, but you will think this Ticket before you is forged and alter'd . Gentlemen, the bare selling a Ticket which has been alter'd, is of itself a pretty strong Suspicion upon the Party, at least it throws him upon this Proof. Any Man, indeed, may go into Change-Alley and buy a Ticket alter'd by another Person: But if one does do it, and goes to sell that again, it throws the Proof upon the Party to shew how he came by it. We can shew how this Gentleman came by this Ticket; that it was sold to him at Hazard's Lottery Office . That 19, 105 at Wilson's Lottery Office . As to 19, 105, that was never sold at that Office. So far the Council for the Crown.
Council for the Prisoner.] Q. (to Mr. Hand.) I think you are one of the Receivers, and appointed to sign the Lottery Tickets. Pray, Sir, look upon that Ticket; Did you sign that Ticket? Is that your Hand-writing ? Did you cut that Ticket out of the Book?
Hand. No, I did not cut it, but I sign'd it.
Council, to Mr. Hand. Where did you receive that Parchment?
Hand. I receiv'd it from the Bank; this was sign'd by the Lords of the Treasury .
Council, to Mr. Hand. When was it you wrote.
Hand. The printed Part was all the same.
Q. Was it separate, or in the Book?
Hand. But five of them in a Leaf.
Q. When you wrote it, it was then in a Book?
Q. Did you examine the Number, and write the Name so particularly ? Can you venture to swear that the Time you wrote your Name it bore the Number 19, 165 ?
Hand. No, I do not particularly remember it.
Q. Well, I suppose you wrote them cursorily as they fall?
Hand. Yes, Sir.
Q. Who is the Book deliver'd to, to sign?
Hand. We take, perhaps, 10,000 at a Time.
Q. Is it not possible, in transcribing so many Numbers, that aMan may make aCypher, and forget to put a Top to it?
Council for the Crown. Brother, I don't think that is a proper Question to be ask'd.
Court. Mr. Hand has prov'd that this was an undrawn Ticket of the last Lottery deliver'd out.
To Mr. Jones, Secretary to the Managers of the Lottery . Produce the Book out of which it was cut. Are you sworn? What is that you have in your Hand?
Jones. The Book that contains 100 Tickets for the Lottery.
Council. Be so good as to put this Number to 19, 105, and tell me how it tallies. Does it tally with the Check or not?
Jones. It does not.
Council. Now turn it to 19165, tell me how it tallies with that.
Jones. It tallies with 19165.
Q. Are you concern'd in the Lottery? I desire to know what is your Opinion, whence that Ticket was cut: Was it cut from 19165?
Jones. Yes. Because the Check agrees to it exactly.
Jones. Yes. In taking off the Top of the 6 and altering it to 0.
Jones. They are written.
Council. I think we have sufficiently prov'd that this is a forg'd Ticket.
Q. Did you buy the Lottery Ticket of him?
Q. Are you the Servant of Mr. Hazard, are you not liable to make good any Deficiencies of Contract?
Disel. No, Sir, I am not.
Q. Have you the Ticket in your Hand?
Disel. Yes Sir.
Q. Pray did you buy the Ticket of the Prisoner at the Bar? Did you buy it in the Condition it is now? Pray what might you give for it?
Disel. I gave 15 l.
Q. Did he inform you that the Ticket was drawn a Prize? Did you buy it as such?
Q. And finding that Number to be drawn a Prize of 20 l. you gave him 15 l. for it.
Q. Pray Sir, did you require that he should endorse that Ticket?
Disel. If they are Prizes, we always do it. If they are Blanks we don't insist upon it.
Q. And the Prisoner at the Bar did endorse the Ticket. What Name is that endors'd by?
Council for the Prisoner. Are you sure it was he, look at him; did you ask him what his Name was ?
Disel. No, not them, I did not.
Q. You only ask'd him to sign it. Did you ask where he liv'd?
Disel, No Sir, I have since, but not before.
Court. There is 20 l. wroce in the Front.
Disel. That was wrote when I bought it.
Q. You took it for a real, unalter'd Ticket.
Disel. I paid 15 l. for it.
Q. Did you know this young Man before?
Disel. Sir, I have seen his Face before. He came to ask the Price of Blanks and Prizes.
Q. When was the first Time you saw him after?
Disel. I did not see him after, 'till I took him the 12th of January.
Q. You took him, did you: What did you say to him?
Disel. I took him skaiting on the Canal. Pull'd off my Hat to him, and said, I knew him; I ask'd him whether he did not remember selling a Ticket, a 20 l. Prize, I ask'd him his Name. He told me his Name was Wilson.
Council for the Crown. Did he tell you where he bought the Ticket?
Disel. He said, at Wilson's Office.
Q. Did you say any Thing to him at that Time about altering of it ?
Disel. I did say to him, I believ'd it had been alter'd.
Q. Do you know of the Prisoner's coming to Mr. Wilson's to buy any Tickets?
Branch. I can't be positive as to the Time.
Q. Did he come to purchase any Tickets before the Drawing? Did he, when he came to your House, purchase any Tickets?
Branch. He purchas'd eight Tickets.
Q. I desire to know of you, whether the Number 19,165 was the Number sold at your Office?
Q. Pray, Sir, when that Number 19,165 was sold at your Office, did it purport upon the Face of it to bear that Number? Was 19,105 ever sold at your Office? Are you sure that the Ticket 19,165 was sold at your Office? And the Time it was sold did it purport to bear that Number? Have you seen the Prisoner at the Bar any Time before now?
Branch. I have seen him at our Office, I believe, twice, and never saw him after, 'till I saw him at the Constable's House.
Bret. I ask'd my Servant , whether that was the Gentleman of whom he bought the Ticket? And I ask'd the Prisoner, whether his Name was John Wilson , jun. He said it was. After he came to our Office, I fetch'd the Ticket down Stairs to him, ask'd him, whether this was the Ticket he sold to my Servant? I ask'd him, whether it was his writing? He said it was his Hand-Writing and Name.
Jackman. I live at Charing-cross .
Q. Was you by at the Time the Prisoner was apprehended ?
Jackman. Yes Sir; but was not near enough to see his Face.
Q. Now, I desire to know what Name he would have gone by at that Time?
Jackman. Mr. Bret fetch'd down the Ticket, and shew'd him the Writing, and he acknowledgld it was his own Hand-Writing.
Lambert. I was charg'd by Mr. Bret.
Q. Pray, who belongs to that Office at Charing-cross ?
Bret. Mr. Hazard and I, and one Mr. Baraway.
Constable. I was charg'd with him for counterfeiting a Lottery-Ticket. The Time he was in my
Council for the Prisoner . If your Lordship will favour me upon this Act of Parliament in Point of Law - Now my Brother says that he has done - And if he has done, I apprehend clearly upon the Construction of this Act of Parliament, that your Lordship must direct the Prisoner to be immediately acquitted. This Indictment consists of eight several Accounts. Notwithstanding the fair Admonition they had to put it in a proper Way, if they could have done it, they have, with great Submission to the Court, in Point of Law, fail'd. My Lord, it is a new Prosecution, and founded upon a new Act of Parliament. Nor would I be understood by any Thing that may drop from me, in the least to encourage or cotennances the smallest Attempt to impose upon the Publick. My Brother will own, that I did desire last Sessions that this young Gentleman might be continued, on the Account of their failing in their Indictment then. I apprehend the same Objection still remains that was then debated, to be essentially necessary to the contributing to this Crime, which seems now to be defective, both upon the Face of the Indictment, and Appearance of the Evidence, that stands upon it. In the first Place, upon the Face of the Indictment, it was clearly determin'd by the Court, and upon the b est Reasons, that they fail'd for want of laying it in the Indictment. That this must be to defraud some Person or another; because any person living might take it and cut it to Pieces, and make what Alteration in it he pleased, provided he did it without an Intention to defraud any Person whatsoever; and this very Statute and very Clause, that authorises this Prosecution, seems to vindicate this Thing, and quote a proper Method for a Determination of it. First, whether this is a real or proper Ticket or not. I must confess that the Evidence that is given, never desires to carry it any further than the Law will bear. Here has been a Ticket that does not tally with these Books. My Brother talk'd of producing the real and true, that purports the Number, which this is alter'd to, which was actually, and bona side , entitled to this Prize. If it did come up a Prize. He says he had it; he should have produced it. Now if he had the Ticket, and do not produce it, tho' he suggests there is such a Ticket, as that, they are bound on their Oaths not to believe it; whatsoever Alteration there is in this Ticket produced in Point of Law, whether by Design or Accident must be reckon'd a real Ticket, unless they could have prov'd that any Person did actually alter it. And it seems to be calculated, upon reading this whole Clause, that the Legislature has determin'd, before there shall be a criminal Prosecution, that there shall be a thorough Examination into the Matter; therefore, your Lordship will please to observe, how the Statute has determin'd this Thing. Here is a Dispute between the Number of two Tickets. If this Ticket has been alter'd from 19165 to 19105, the Contest must arise, who is entitled to the Prize of the real Number, or the Owner and Proprietor of this alter'd Ticket, that imports at present to bear this Number; therefore, they should have gone to the Commissioners and Managers to adjust this, before the Prosecution could have been set on Foot [some Clanses in the Act of Parliament were read]. Next Place it says, if any Dispute should arise - Here is a Contention and a Dispute; the Contention is, whether this Number now importing 19105, which they say is alter'd; or whether the Ticket 19165 is the real Benefit Ticket. This must invariably be, I apprehend in Point of Reason and Point of Law, between the Proprietor of the real Ticket and the Owner of this Ticket.
To Mr. Veaw. What do you know of the Prisoner?
Veaw. He was in our Compting-House ever since he was eight Years old. He behav'd honourably and well.
Q. Who has he liv'd with here in England?
Veaw. A Jeweller in Tavistock-Street. I never heard but he behav'd in every thing well: That is the Character he has had all along; and he was entrusted with Jewels?
Q. Do you know of your own Knowledge that he has been entrusted with Jewels?
Veaw. He has been at my Compting-House, sent by his Uncle; and I know he has always done well.
Q. Pray, Sir, how old may he be?
Veaw. About seventeen Years.
Q. When in Holland he was put into the Compting-House , at eight or nine Years of Age? When he came into England he was about eleven Years of Age? You remember him in the Compting-House in Holland?
Veaw. Yes, in my own Compting-House.
Q. How long was he in your Compting-House?
Veaw. He was there above half a Year .
Q. Now give me Leave to ask you , how you came over to England?
Veaw. I have liv'd in England almost nine Years, backwards and Forwards .
Q. Was it before you came over the first Time, or afterwards ?
Veaw. Afterwards, when I went over again.
Q. You say in your Compting-House : Was he there entrusted with large Sums of Money? Do
Veaw. What large Sums they can pay in Silver.
Mayaffree. Six Years.
Q. In what Manner has he behav'd?
Mayaffree. Very well. I have entrusted him several Times with 2 or 3000 l. value.
Q. Has he had the Command of Money, upon your Oath, has he not defrauded or cheated you?
Mayaffree. Not of one Farthing. A very honest sober Person, every Body lov'd him.
Joslin . Three or four Years. He always had a good Character, Sometimes he has brought Jewels to our House from his Uncle, of a considerable Value. I have always heard a fair Character of him. I was never more surpris'd than to hear of of this Indictment laid against him.
Parquot. I have known him a great While. I know him to be an honest, sober Lad.
Q. Do you think that he is a Man that would be guilty of such a Crime as this?
Parquot. I was astonish'd when I heard such a Thing of him.
Several other reputable Persons appear'd in Behalf of the Prisoner, and gave him a good Character.
Guilty Death .
His Lordship in the Conclusion of his Charge, to the Jury, desir'd them to take into some Consideration , the Character, which gives some Weight in Cases of a doubtful Nature.
The Jury on Account of his excellent Character and tender Years, recommended him to his Majesty's Mercy.
Taken at Carlisle, committed for High Treason ,
and order'd to remain.
Formerly attainted of several Felonies, High-Treason,
Murder, &c. and receiv'd Judgment of Death.
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death 7.
Abijah Burk 126
Receiv'd Sentence of Transportation for 7 Years, 18.
Barthia Whitfield 103
To be Transported for 14 Years.
To be Whipp'd 4.
Taken at Carlisle, committed for High Treason ,
and order'd to remain.
Formerly attainted of several Felonies, High-Treason,
Murder, &c. and receiv'd Judgment of Death.