Held at Justice-Hall in the Old Baily, on WEDNESDAY the 9th, THURSDAY the 10th, and FRIDAY the 11th of April.
In the 19th Year of his MAJESTY'S Reign.
BEING THE Fourth SESSIONS in the MAYORALTY OF THE
Sold by C. NUTT, at the Royal-Exchange, and at all the Pamphlet-Shops of London and Westminster. 1746.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Honourable Sir RICHARD HOARE , Knt. Lord Mayor of the City of London, the Right Hon. the Lord Chief Justice LEE, the Right Hon. the Lord Chief Justice WILLES, Mr. Baron REYNOLDS , 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.
130, 131. Eleanor Keith , and Mary Field , Accessory, indicted for stealing a Woman's Changeable Unwarer'd Petticoat, Value 20 s. a Water'd Tabby Night-Gown , Value 40 s. one Cloth Short Cloak, Value 5 s. one Yard of Check'd Cotton , the Goods of James Matthews , the 3d Day of March .
Q. Where did you take Field?
Mathews. In White-Lion-Street, in a Cellar.
Q. Where is your House?
Matthews. In Orange-Court in Holbourn. I went the next Day and found my Cloak at Mr. Crew's a Pawnbroker; the next Day I took up Mary Field; she and Keith confess'd the Fact before Sir Thomas De . Veil, and sign'd their Confession.
Q. Then you know nothing of these Things of your own Knowledge, but what they confess'd?
Brooks. No, my Lord.
Q. Where did you find the Cloaths?
Brooks. They were in pawn in Bow-Yard. The Cloaths were produced in Court.
Court. (to the Prosecutor.) You say they sign'd their Confession before Justice De Veil; his Clerk is here, and he says they did not sign their Confession.
Brooks. She said she had spent Half a Guinea of the Money.
Brooks. Out of a Parlour in my House in Orange-Street.
Q. When was it she brought them Things?
Trigger. The 3d of March.
Q. What is this Field?
Trigger. My Lord she liv'd, as I thought, with Mrs. Owen, a Servant.
Q. What is Mrs. Owen?
Matthews. Yes, my Lord.
Matthews. Between Seven and Eight o'Clock in the Evening.
John Gelashy . I keep a Publick House. On the 3d of March Mrs. Matthews's Daughter came to my House, she order'd half a Pint of Ale, and wanted Change for a Shilling. I could not give Change then, but went to her House afterwards and found the Door open, and she said she fear'd she was robb'd: Accordingly it was so, she desir'd I would go with her to the Pawnbrokers. I found Keith in a Cellar by the Seven Dials, and she acknowledg'd before Justice De Veil, she had taken the Gown and Petticoat from Mrs. Matthews, she acknowledg'd that one went in at the Door, and the other receiv'd it from her; whereupon Sir Thomas admitted Mary Parsons as an Evidence; she confess'd the Gown and Petticoat were at Mrs. Owen's House by the Seven Dials.
Prisoner. Mary Parsons ask'd me if I would go with her to her Husband, whereupon I went out unknown to my Mother, and she went to this Gentlewoman's House (the Prosecutor) and brought out these Things, and desir'd I would carry them for her.
Prisoner. Please you my Lord I pawn'd the Suit of Cloaths for a Guinea and a Half. I own'd that I had pawn'd them, and shew'd the Constable where they were.
Q. Who had you those Goods of that you pawn'd; who gave them to you?
Q. Have you any Witnesses?
Prisoner. No, my Lord, I have been a Servant from twelve Years of Age.
132. Edward Parker , not having the Fear of God before his Eyes, and being mov'd by the Instigation of the Devil, did assault Joseph Abroon , in Downing Court , and with both his Hands striking and giving him upon his Belly and Stomach several mortal Bruises, &c. whereof he died .
Thornhill. The House where this Thing happen'd I had lodg'd at; there was a poor Woman in the House that wash'd my Linnen; as I was going to her thro' the House, I saw five or six Soldiers playing at Cards in the Box.
Q. What House is it?
Thornhill. A Publick House, in King-Street, Westminster; I set down with the Landlady's Sister in a Box, about half an Hour, upon which I heard some Words arise between two Soldiers, and the Deceas'd swore that he had won the Game; the other ( the Prisoner at the Bar ) swore that he had not won it fair, and insisted upon its being play'd over-again, the other swore he would not; upon that he came out of the Box, the Prisoner at the Bar insisted that he would not pay, the other Man (the Deceas'd) came out to him, and swore he should pay it; with that they had a great many Words, at last the Deceas'd was in a great Passion, stripp'd into his Shirt, swore he would fight him if he did not pay it. Said the Prisoner, I will have a Knock with you over the Table; the Prisoner did not seem to be willing to go into the House to fight; so after a great many Words, at last they put their Clothes on again, for the People of the House said there should be no Fighting in the House; with that Words arose again, and the Deceas'd swore he would have the Pint of Beer, and call'd for it; the Prisoner at the Bar said he would not pay for it; with that the Deceas'd stripp'd his Clothes off again, and struck the Prisoner at the Bar, and swore he would have the Beer, and in a vast Passion, very forward to
Q. How far off was you from them?
Thornhill. Please you, my Lord, I was as near as the Door.
Prisoner. No, my Lord.
Terry. I keep a Publick-House just facing this House; I was coming out to make Water? I saw the Prisoner at the Bar and the Deceas'd, they were both stripp'd.
Q. Then you was not in the House?
Terry. No, my Lord; but when I came up to them I believe there was four or five Blows between them both; I believe a Boy of twelve or fourteen Years of Age could have given a greater Blow than either of them: The Deceas'd fell backward; when he was down the Prisoner at the Bar put his Hand to his Breast, and said, take a good Heart and get up again. Coming back I saw the Landlady of the House at the Back Door, who said to me, Did you see it? Yes, I said, I believ'd it was all over. The Girl came back presently after me and said, the Man is dead, and he was brought down.
Court. You saw him dead.
Terry. I saw him dead; that is all I know of the Matter.
Buchanan. I am a Serjeant: I have known the Prisoner many Years; he always behav'd well as a Soldier ; I never knew him brought into any Scrapes ? he receiv'd a Wound in Flanders, was taken a Prisoner to France, and was there five Months.
Guilty of Manslaughter .
133. Hester Summerton was indicted for stealing a brown Ducape Mantua Silk Gown, a Holland Ruffled Shirt, and a Pair of Worsted Hose, out of the Dwelling House of William Roberts , of St. Alban-Street, near St. James's-Market , on the 16th of March .
William Roberts . The Prisoner went away from us on Sunday Morning; upon Examination we found several Things lost; the first Thing was a Rushed Shirt of Capt. Agnew's; the brown Ducape Gown was taken out of a Box she broke open, where she took the Things express'd in the Indictment. On Sunday we made the greatest Search we could to know what Part of the Town she was gone into; on Monday we heard of her being in several Places in the City; on Tuesday Morning I went to Capt. Agnew's Servant, and we took her in a Garret in Clare Market, at a Shoemaker's.
- Rim. I am Constable; I was charg'd with the Prisoner at the Bar; she confess'd the Gown to me when I had her in Custody, upon her Mistress's promising to make it up with her.
Q. What did she say? Did she say she had the Gown?
Rim. She told me 'till her Mistress came she would not confess any thing; her Mistress, when she came, told her if she would tell her where those Things were she would forgive her: She told her she had pawn'd the Gown to one Mrs. Collins, and Mrs. Roberts had it again; likewise the Captain, who is since gone abroad, had the Shirt; her Mistress laid down the Money for it.
Q. Who were they pawn'd to?
Rim. To a Pawnbroker in Covent-Garden.
Rim. No body was there but me.
Prisoner. I told my Mistress I would satisfy her for her Gown.
Rim. I must confess there was something of that; her Mistress did promise her Forgiveness if she would confess.
Guilty 39 s.
Detorse. The Prisoners lodg'd in my House.
Q. Where is your House.
Detorse. In Nightingal-Lane, Wapping . When I went up to them on Sunday Morning, the Woman, the Prisoner, said, I am going away; I said when; she said on Sunday Night; I said, How must I come by my Sheets? They would have paid me for Lodging, but I would not take it. Says the Prisoner, d - n your Eyes, it is Sunday and I do not care to make a Noise: She damn'd me for a Bitch, that I should do my worst; and her Husband said, I'll blow your Brains out.
Q. What do you know of their having your Sheets?
Detrose. I deliver'd the Sheets to them the 24th of January.
Q. You deliver'd them to use?
Detrose. Yes. my Lord.
Q. Do you know who took them away?
Detrose. No, my Lord; but the Prisoner appear'd very well, she wore a Couple of Gold Rings upon her Fingers, and I thought they would give me my Sheets again.
Q. When did they leave their Lodgings?
Detrose. They left their Lodgings about six Weeks ago.
Q. When you demanded the Sheets then they gave you this Sort of Language you mention'd?
Detorse. Yes, my Lord.
Q. Did they go out of the House at all?
Detorse. They were going.
Q. Did you get the Warrant on Sunday?
Detorse. Yes, my Lord.
Q. When you went up to them were your Sheets in the Room?
Detorse. No, my Lord, I could not find them.
Heart. I saw the Landlady of the House deliver the Sheets and Pillowbears to Mrs. Haughton, the Prisoner.
Seaman. My Lord, the Prisoner belongs to a Company that I belong'd to some time past, and he is a Man of an extraordinary Character; he always behav'd very well as a Soldier.
William Bland . Please you, my Lord, the Prisoner, Mrs. Haughton, wash'd my Linnen, and when went for it on the Monday they told me that they were gone; and the Woman of the House ask'd me whether I took the Sheets or not; she afterwards said the Prisoner gave the Things to me, and I carry'd them off.
Glinden. I always heard that they were two as honest People as any that belong'd to the Army; I would almost swear for them: I could take my Oath again, that they are as honest People as any in the Army.
Prisoner. She (the Prosecutor) told me that the Clerk would do any thing for her for a Pot of Beer.
Prisoner. We have reason to believe that she (the Prosecutor) took them away herself.
Bland. When I went to the House the Landlady charg'd me with having the Sheets, and said that I receiv'd them from Mrs. Haughton.
136, 137. Anne Darby and Anne Bayly were indicted for stealing five Brass Candlesticks, Value 5 s. a Coffee-Pot, Saucepan, three Cambrick Handkerchiefs, three Linnen Shirts Value 4 s. and three Aprons ; the Goods of Hugh Spence .
Spence. They liv'd the next Door to me; they broke a Party-Wall and stole these Things from me when I was out.
Q. Where is your House?
Spence. In East-Smithfield.
Q. What were these Prisoners ?
Spence. They were Lodgers next to me.
Q. When was this ?
Q. How do you know that they broke through the Party-Wall.
Spence. Very Well, my Lord, for I found the Goods upon them.
Q. Did you find a Hole big enough for them to go through?
Spence. Yes, and I miss'd five Candlesticks, three Shirts, three Aprons, &c. but I found nothing but two Shirts upon them.
Q. Upon which did you find the two Shirts?
Spence. I found the two Shirts at a Pawnbroker's in East-Smithfield.
Q. How do you know the Prisoners had them? I thought you said you found them at the Pawnbroker's.
Spence. Yes, the Shirts, but the Brasses I found upon them, the five Candlesticks.
Q. What did Bayly confess?
Q. How did she say she came by them?
Spence. She own'd she took them out of my House.
Spence. She was Confederate with her I have Reason to believe.
Mary Spence . I was out when these Things were stole, when I came home both my Doors were open, the Street Door and the other, and the Prisoner at the Bar, Anne Darby , said Bayly broke the Party Wall with a Handbrush.
Q. Was this said in the Hearing of Bayly that she had broke the Wall?
Q. What Reason did Bayly give for coming with Darby?
Q. How long have you known her?
Spence. She is a vile Person, she buys old Stockings, &c.
Thawer. I know nothing of this Affair. But the young Woman that liv'd next Door to Mrs. Spence, had the Misfortune to entertain this Anne Bayly . She was out of the Way all the Day, when she came home she heard of this Robbery being committed.
Q. Do you know any Thing of your own Knowledge ?
Q. What do you mean by pump'd.
Thawer. She was pump'd.
Court. I suppose you mean examin'd.
Q. Do you know any Thing of your own Knowledge ?
Porter. I had a Warrant to take up these People. I said to Darby, are you in the Warrant; I ask'd her about it; she said Anne Baily took a Handbrush and beat a Hole in the Wall and handed these Things out to her. I said if she was not in the Warrant I would take her, and I did, and carry'd them before Justice Dennis, and the Girl swore it before him.
Darby Guilty .
Hughes. Yes, my Lord.
Hughes. The 18th of December.
Q. Do you know who stole these Things?
Q. Did she say any Thing about them?
Hughes. She said they were pledg'd in several Places, but no more were ever produced.
Q. Do you know any Thing she said about the Things?
Hughes. We could not give Credit to her because she was in different Stories.
Q. Did she make any Confession?
Q. Was her Confession taken in Writing?
Hughes. Yes, my to the best of my Knowledge, but he said there was no Need of any Thing else but the Sleeves to be produced.
Court. (to the Prisoner) You hear what this Woman says, she says, among other Things, she lost a Pair of Shift Sleeves, and that you was taken up by her Husband's Brother, and you had those very Shift Sleeves on.
Prisoner. 'Tis a hard Matter, my Lord, to swear by a Bit of Cloth.
Guilty 10 d.
Duglas. I have lost many Things, but found only one Handkerchief.
Q. Do you know of any other Goods stolen, a Shift, a Pair of Stockings, &c.
Q. Did she take the Handkerchief at the same Time she took the other Things?
Duglas. I can't say.
Q. Did she live with you?
Duglas. Yes, my Lord, about seven or eight Weeks.
Q. How do you know that she stole them if you found only the Handkerchief upon her?
Duglas. She had the Handkerchief and other Things pinn'd to her Petticoat.
Baskerfield. I lost a Shift, four Yards of Lace, and two Laced Caps.
Q. Do you know who took them? do you know who has them?
Baskerfield. No, my Lord.
Q. What became of them?
Baskerfield. Mrs. Duglas found them upon her.
Court. These Things she found, and these were your Goods?
Duglas. Yes, my Lord.
Court. (to the Prisoner) Have you any Witnesses to call.
Prisoner. No my Lord.
Cock. Yes, my Lord. On the 23d of March, as my Child was playing in St. Martin's-le-Grand, the Prisoner drawed the Child away.
Higgs. Not before I saw him take the Child's Hat. I saw him take the Hat off the Child's Head on Sunday the 23d of March, and run down Peter's Hill with it.
Q. Where did you see the Prisoner take this Hat ?
Higgs. In Knight-Rider-Street.
Guilty 10 d.
Swithin. My Lord I had the Tail of a Gown taken out of my Drawers, and I found it was pawn'd by my Servant , who is the Prisoner at the Bar.
Q. Do you know any Thing of her stealing the Gown? When was it that you lost it?
Swithin. My Lord I miss'd it the 13th of May last, and when she found that she was detected, she would have laid it to another Woman's Charge When I came home, she (the Prisoner) set us Dinner in the Dining-Room, while she run away, and I never saw her since, 'till I saw her brought down from our Garret by two Watchmen.
Q. When was that?
Swithin. The 22d of February.
Dikison. I know so far as this, that she (the Prisoner) brought it to me, and said, I wish you would do so much as to carry this for me to Mrs. Dison's. I said Mary, What have you to do with this? whose is it? She answer'd, Whose should it be but her own?
Q. Did you see this in the Possession of the Prisoner?
Prisoner. I know nothing of it.
Court. (to the Prisoner) Have you any Witnesses ?
Guilty of the Indictment.
Q. When was it missing?
King. I think it was taken last Monday was a Fortnight.
Q. Do you know who took it?
King. My Lord I cannot tell. I was not present.
Q. Was it Mr. Hoges's?
King. Yes, my Lord; it was in my Care.
Q. How came you by that Candlestick again?
King. My Lord it was advertis'd; I did not miss it 'till it was advertis'd.
Q. How came the Person to advertise it?
King. Because it was brought to him to sell.
Eldridge. The Prisoner brought this Candlestick to me (with the Crest scraped out) to sell; I stopp'd her, and had her before my Lord Mayor, and she was committed to the Compter, because she refus'd to give an Account how she came by it.
Court. (to the Prisoner) You hear what he says, that you brought that Candlestick to him.
Q. Was the Prisoner a Servant there when she took the Candlestick?
King. No, my Lord.
King. For several little Things.
Evans. Yes, my Lord.
Q. Do you know the Prisoner at the Bar ?
Evans. Yes, my Lord, she came to me and told me she wanted our new House-keeper to give her a Character; she said she came from the old Housekeeper, Mrs. Johnson.
Q. Who is the House-keeper now?
Evans. One Mrs. Tennet.
Q. Do you remember where the Silver Candlestick was?
Evans. It was by the Stove in the Kitchen.
Guilty of the Indictment.
Rawlins. My Lord, no farther than I saw him on the 11th of March last, at Botolph Wharf. I saw him take several Hands of Tobacco. I told him to go away, but in the Afternoon he came again: I said Friend, I would have you go away, for I shall certainly secure you. I did not see him go, but the other Evidence, May, stopp'd him at the Corner of Darken-Lane; he took from him two Hands of Tobacco; I told May to let him go, what signified a Couple of Hands of Tobacco; but he said that was not all, for there was more with that; we took more out of his Breeches, which is in all 3 lb.
Q. What are you?
Rawlins. I am Watchman to several Merchants.
Prisoner. No my Lord.
May. Not before that Day, to the best of my Knowledge, which was the 11th of March.
Q. What did you see of him that Day?
May. I saw the Prisoner at the Bar as several different Times; in the Morning we were shipping off Hogsheads of Tobacco for Mr. Jonathan Forward and others. As the Prisoner came out of Darkhouse-Lane I saw he could hardly walk; and I said to him, Friend, you have something more than you
Prisoner. He said he took hold of me, and he would make me suffer for bearing him the Night before. I don't know that ever he did see me; but he told the Alderman the Night before, that I had beat him, and misus'd him the Night before.
King. I am Serjeant of the Company the Prisoner belongs to: He call'd me to give him a Character. He was abroad in Flanders, and bore a very good Character as any Man in the whole Army. He always bore an extraordinary good Character.
Michael Weaver . This Man, the Prisoner, was quarter'd upon me before he went down to the North. I trusted him with Plate, and other Things of Value, and always found him to be a very sober, honest Man.
Rawlins. Yes, my Lord, for some Years. My Lord, upon the 4th of March last, about Noon, Mr. Maschil detected him in stealing some Tobacco, and he ran away, and threw out of his Hand two or three Hands of Tobacco.
Court. You did not see the Prisoner.
Q. Where was this?
Rawlins. In Botolph Wharf Gateway, and down Cock's Key Gateway. The Prisoner slung out of his Pocket the Quantity of three or four Hands; and after that, when Mr. Maschil had carried him to the Compter, he ask'd me to go down that Gateway, and said, Perhaps we shall find some Tobacco; With that altogether, there was about 2 lb.
Q. Where did this Tobacco lie?
Rawlins. Upon the Wharf, it was to be shipp'd off.
Q. How do you know that this came out of those Hogsheads?
Rawlins. I don't know of its coming out of that particular Hogshead: I saw him take a Hand or two.
Q.(to the Prisoner.) Will you ask this Man any Thing?
Prisoner. Please you, my Lord, I was only about to take a little to put into my Mouth, and a Hand came out.
Q. Will you ask the Witness any Question?
Prisoner. Sir, he did not see me take a Bit out of the Hogshead.
Jeremiah Maschil . This Man, the Prisoner, my Lord, I saw him take some Tobacco; I pursu'd after him, and catch'd him in a Cellar that I knew he must go through; I catch'd him as close to the Parcel of Tobacco, as close as to that Gentleman. My Lord, he has been a Thief these three or four Years. He was once in Bridewell; and I have often corrected him with such a Stick as this.
Alcock. The Prisoner own'd that he had taken those Hoops from me.
Q. Was the Prisoner your Servant ?
Q. When was this?
Alcock. I could not swear to the Time.
Q. How came you to suspect the Prisoner, if you did not discover it?
Alcock. He confess'd that he had taken some Hoops from me, and sold them.
Q. How many did he say that he had taken?
Alcock. He could no t tell.
Q. To whom did he sell them?
Alcock. To one Halt: He was committed upon buying of them knowing them to be stole; but he is since dead; he died in Newgate.
Q. Did you get the Hoops again?
Prisoner. No, my Lord.
Guilty 10 d.
He would have been transported; but his Master promising to put him on Board a Man of War, he was order'd for Corporal Punishment .
Q. What do you know of his taking this Shift and Money?
Fisher. The Shift was found upon the Woman's Back, before Justice De Veil.
Q. What Woman?
Q. What do you know of the Boy's taking either the Shift or the Money?
Fisher. He own'd he took it.
Q. Did he own he took the 30 s.
Fisher. Yes, Sir.
Q. Where did he take this out from?
Fisher. Out of Dikins's House.
Q. And what did he do with it?
Fisher. He gave Part of it to that Woman, the Prisoner.
Q. And what did she say?
Fisher. She made very trifling Excuses when it was taken from her.
Q. Do you know any Thing more?
Fisher. She (the Prisoner) said that the poor Woman, down in the Bakehouse, had it, and gave it to her.
Q. Did she own she had it from the Boy?
Fisher. Yes, she own'd it.
Garret. As to the Money, I know nothing of the Matter; but saw the Shift that was taken off the Prisoner's Back, that this young Woman, the Witness, swore too.
Court. (to the Prisoner.) What have you to say for yourself?
Prisoner. Please you, my Lord, this Boy was Errand-Boy at that House, and I told Things at the Door; and he brought me this Shift, and said he found it, and I gave him sixpence for it.
Q. How came you to buy such a Thing? What was this Shift?
Prisoner. It was but a Rag, my Lord.
Prisoner. I never had any Thing of Jones for the Shift.
Simson. Please your Lordship, I was present when the Boy brought the Shift: He said he had found an old Shift; if she would have it she might; and she gave him Sixpence for it, and a Pennyworth of Oysters, I think, but I am not positive.
Q. Have you any Thing farther?
Q. What Business does she follow?
Main. I left her in my House last Saturday; knowing her Family, I took her in out of Compassion, for she laid about in the House of Office, &c.
Q. Where do you live?
Q. How long had she been in your House?
Main. About a Week.
Q. And what did you lose?
Main. A Duffil Coat, a Pair of Shoes, and one Shirt.
Q. When you had lost those Things, where did you find them?
Main. Please you, my Lord, she told me the Coat and Shoes were at a Pawnbroker's in East-Smithfield for Half a Crown, and he denied them to me, and the Watchman went along me; another Pawnbroker shew'd me the Shirt, and said she had pawn'd it in my Name.
Q. What do you know of this Woman's having of them?
Main. She own'd she took the Shirt and Shoes before the Justice.
Q. Did you get them again? You lost the Coat and Shoes that were this Hoskins's.
Prisoner. My Lord, I certainly did pawn them where I said.
Daniel Miller and Mary Bell were indicted for stealing one Silver Pint Mug, Value 30 s. the Property of .
Stephens. That Prisoner, Daniel Miller , came into the House and call'd for a Pint of Beer; I took my Grandmother's Pint Mug, and brought it up with the Beer to the Prisoner, and the Half-Pint Mug I gave to Elizabeth Ford ; then I went to the Necessary-House; my Grandmother call'd I bid my Sister go, I told her I could not go; when I came in again, my Grandmother said, this Man has had no Beer, he has only been eating a Red-Herring; said I, then he is gone. I had heard that he liv'd with one Mary Bell ; I went to the Door, and I saw him and two Women with him, Bell and Carter; upon which I run directly after him, the two Women made off, and I laid hold of Daniel Miller .
Q. Have you any thing more to say? Have you found it since?
Stephens. Yes, Sir, it was found at Mr. Hoskins's, in Chick-Lane, in the Parish of St. Luke's, Foster's-Buildings.
[The Mug was produced in Court by Knight, the Constable.]
Stephens. Yes, Sir.
Q. Whence had you this Mug?
Stephens. I had it of one Haskins in Chick-Lane.
Ford. I went into the Widow Atkin's House, and called for Half a Pint of Beer; the Young Man , Stephens, brought it me; this Daniel Miller , the Prisoner, toasted a Red-Herring, whereof I did eat a Bit with him: After I was gone from the House, and got home, he took the Mug.
Q. When did this happen?
Carter. The 12th of March: He called Mary Bell ; the Prisoner said he had something to speak to her: When they came to sit down by the Fire-Side where they lodg'd, he pulled out this Silver Mug, and ask'd me if I would go along with them to sell or pawn it, which we could: It was carried to Haskin's in Chick-Lane, and it was pawn'd for 18 s. and the Money deliver'd to the Prisoner, Mary Bell .
Carter. He is a Horse-Courser.
Q. Had you no Curiosity to ask him how he came by the Mug?
Carter. I never heard the Man bore an ill Character before.
Ford. No, I did not see he was at all.
Hoskins. Please you, my Lord, I know nothing of the Man; I never see him with my Eyes before this Time: The Woman I have seen; she came to my House; I keep a Publick House. She ask'd me if I would buy a Silver Pint Mug; I told her, I never dealt in Silver, nor never intended it.
Q. What did you do upon that?
Hoskins. The Creature (So I may call her) she wanted to bring me into a Premunire. My Husband, please you my Lord, was asleep; he had been a Journey, and he did not awake at this Time. She said, I wish you would be so good as to buy the Mug, or let me have a Trifle upon it. I refus'd it; she said she was not in a Dress fit to go out with it, and said, will you please to let your Girl go out to any of your Acquaintance, to borrow as much as they can upon it; so the Girl agreed to go, and ask'd what she must borrow upon this Mug; the Prisoner said she might borrow 20 s. if she could; but they would not give her any thing unless I would come; I went, and told them the People were at my House, and so they gave 30 s. for the Mug.
Q. Have you any thing more to say.
Hoskins. My Lord, there were 18 s. deliver'd into her Hand.
Q. How came the People by the Mug again?
Hoskins. When the Prisoner receiv'd the 18 s. she said it would get him his Coat, or something, for she believ'd he was in Confinement; these Words dropping, gave me a Suspicion; I got the 18 s. again, and went directly with my Servant to the
Court. You Woman Prisoner, will you ask this Witness any Question.
Prisoner. This Maid she speaks of has been a Plyer these three Years in her House.
Sharp. Yes. The 18th of last Month.
Q. Where is your House?
Sharp. In Catherine-Wheel-Alley, Whitechapel.
Court. Now give an Account of the Particulars.
Sharp. Please you my Lord, the Prisoner was at my house on Monday Night, a drinking, and he acknowledg'd he took these Things from my Dresser, before the Justice.
Q. What did he say for himself? Where were the Goods found?
Sharp. At a Publick House over against me, please you my Lord; the Person that gave me Intelligence of the Goods, was the Maid of the House, Elizabeth Humphrys ; she was to have been a Witness, but she would not come, please you my Lord. When I took him before the Justice he said he was in Liquor, and he intended to have brought them home again, but he did not; he told before the Justice that he had not been well, and he took these Things to get a little Money.
Q. Do you know any Thing of the Man; What is he?
Sharp. A Wheelwright.
Q. What is his Character?
Sharp. I never heard any Thing against him.
Prisoner. My Lord, I am as innocent of the Robbery as a Child unborn; they declar'd that they were found upon my Bed-Tester, but they were never put there by me.
The Prisoner declar'd there would have been several to have appear'd to his Character, but they were gone home with a Design to come To-morrow Morning. Acquitted .
152, 153. Robert O Marsh and Thomas O Marsh were indicted, as Principals, for stealing one Linnen Cap, one Yard of Cambrick, one Linnen Apron, and 35 s. in Money , the Property of John Fall . James O Marsh , and Catherine his Wife , were indicted as Accessaries to the same Robbery ; the 6th of January .
Fall. I have lost them, because the Boy took them out of my House.
Q. Did you miss them, or know any Thing more besides what the Boy said to you, where did you see them?
Fall. I saw them at the Pawnbroker's. The Pawnbroker brought them before the Justice.
Q. What Goods were brought by the Pawnbroker; did you see the Muslin Hood, did you see the Linnen Apron?
Fall. I did not see the Apron.
Q. The Yard of Cambrick, is that your's?
Fall. Yes, my Lord.
Q. Do you know it by any Mark?
Fall. No, my Lord.
Q. How then do you know of it?
Fall. Only as the Boy acknowledg'd it.
Q. Was there any Gold produced? You say you know that Cap to be yours.
Fall. Yes. But I can't swear it.
Swannick. Please you my Lord. Mr. O Marsh and Mrs. O Marsh sent their two sons two or three Morning.
Q. When was this; about how long ago?
Q. How came you to know of this?
Swannick. I came out of Place, and I went to lodge there.
Court. They sent them.
Q. What Time of the Day was it they sent them?
Swannick. Between Six and Seven o'Clock in the Morning; the first Time.
Q. Did you go with them?
Court. You said you lodg'd at O Marsh's
Q. Was you present when they sent them?
Swannick. I was at my Master's Son's.
Court. The Man and Woman were at home: How can you say they sent them?
Swannick. I went over-night, and Mrs. O Marsh came to the Door, and told me they had got 9 d. upon the Apron in pawn.
Court. Then they came to your Master's in the Morning.
Swannick. Yes. The first Time they came I gave them an Apron.
Court. You gave the two Boys an Apron?
Swannick. Yes, Sir. It was an Apron my Master took in for Money.
Q. You gave them that Apron; they carried it away; What then?
Swannick. I went the Night following, and they said they had 9 d. upon the Apron, in pawn.
Q. What have you to say more how you came to give them this Apron?
Swannick. The Boy told me his Mother was in want: When I went first into the Place, that Woman ask'd me if I could get any Thing of my Master to make her amends for lying in their House, &c.
Q. Then old O Marsh, the Man, knew nothing of that?
Swannick. No, my Lord: Two Days following the two Boys came again, and I gave them a Towel and two Clouts; then they came about Twelve o'Clock the next Day and I got a Guinea of my Master's Money.
Q. How came you by that?
Swannick. I got the Key of my Master's Drawers; I knew where he put them: I had a Shilling in Silver, and I and Robert O Marsh went out to drinking; and when we came home we were fuddled, and Mrs. O Marsh took the Guinea out of my Pocket and bought a Fillet of Veal; so they spent very near 10 s. that Night; in two Days time the other was spent; and so, Sir, Mrs. O Marsh went to my Master and desir'd him to pay me what small Wages he ow'd me, and said I was a poor Boy and almost starv'd; so my Master, took me again; so when I went again to my Master she said I should rob my Master again, and that I should rob him of 3 or 4 Guineas. And Please you, my Lord, there was some Tripe which I stole, and Mrs, O Marsh dress'd it when she knew it was stole.
Q. What have you to say, Prisoner?
Catherine O Marsh. He used to take his Money out of a Purse, and turn himself round and not let us know.
The Prisoners were also try'd upon another Indictment, viz. Robert O Marsh and Thomas O Marsh , as Principals, for stealing five Quarts of Cherry Brandy, one Brass Candlestick, a Box-Iron and Heater and two Linnen Aprons, the Goods and Chattels of George Sheffeild ; and James O Marsh and Catherine his Wife as Accessaries in the same Robbery.
Sheffield. About the 16th of January.
Q. What did you lose?
Sheffeild. Please you, my Lord, I lost a Brass Candlestick, one Box-Iron and Heater, two Gallons of Beer, and about five Quarts of Cherry-Brandy.
Q. Who stole them, do you know?
Sheffeild. I was not at home when the Robbery was committed; but I found the Box-Iron and other Things in O Marsh's House.
Q. You found some of those Things there?
Sheffeild. Please you, my Lord, Mrs. O Marsh sent for my Wife to come and fetch the Things when the Robbery was talk'd of.
Swannick. I know all of it.
Q. Do you know who took these Things away?
Q. What did you do with them afterwards?
Swannick. They were carry'd into Mrs. O Marsh's House and hid under the Bed.
Q. Did she know where they were?
Swannick. No, my Lord; Mr. and Mrs. O Marsh were drinking at a House by. Bob and Tom and I went to pawn the Things; we went to a Pawnbroker's in Brick-Lane, but they were in Bed; and we went to Mr. Brown's.
Swannick. Yes, and we told him we got it at the next Door; and he did drink some of the Brandy, and we went over the Wall and got some Beer, and he drank some of the Beer.
154, 155, 156. Hester Hussey , Elizabeth Otaway , and Mary Hussey , (the first as Principal and the other two as Accessaries) were indicted for stealing 19 lb. Weight of Mutton , the Goods of William Cherry , on the 6th of April .
Cherry. Nineteen Pounds, my Lord, on Saturday Night last.
Q. From whence?
Q. How did you know she took it?
Cherry. I did not see it, but she confess'd it; my Boy took her.
Q. When she was at your' Stall what did she say?
Cherry. She confess'd she had stole the Meat from the Stall.
Q. Do you know any thing of her?
Cherry. No, my Lord.
Q. Was she sober, then?
Cherry. I did not see her.
Q. What have you to say to the other two?
Cherry. We found a Loin of Mutton at Otaway's House.
Court. Was it your Mutton?
Cherry. She had stole that Loin first, and she carried it home to that Woman's House.
Q. How do you know it was your Mutton e
Cherry. I could tell by my own Cut.
Court. You found, however, a Loin of Mutton at Otaway's House.
Q. And what said she to it?
C herry. She said she had sent this young Woman to Market to buy it.
Cherry. It was found in their Apartment.
Collins. My Lord, I lost part of a Loin of Mutton; it was taken from this Woman, the Prisoner. I live exactly opposite to my Neighbour, the other Witness; it was his Servant that attack'd the Woman, and the Woman voluntarily own'd it.
Q. Do you know any thing of the other two Prisoners, of their receiving it?
Collins. She told me there was more Meat there and Asparagus (which a Neighbour had a little before lost.) When we went, the old Woman refus'd to let. Hussey in, as she had Company with her; at last she open'd the Door: When we came in we presently found another Loin of Mutton, with Suet; she said she, the Prisoner, bought it. I ask'd them how they came to bring their Loins of Mutton home with Suet? she said they sold the Suet to the Tallowchandlers.
Q. Have you nothing to say to young Hussey?
Collins. No, my Lord, she was a-bed with the old Woman.
George Masters . I am a Servant to Mr. Cherry. The Prisoner took the Breast of Mutton and Loin with the Hook in it; I saw the Hook move. When I went to her, and lifted up her Cloak, three Loins of Mutton tumbled out of her Lap.
Q. What have you to say to the old Woman, the Prisoner, Otaway?
157. Mary Brown was indicted for stealing four Hararen Curtains, a Dimity Petticoat, a Pair of Woollen Breeches, six Silver Tea-Spoons, six Pewter Plates, a Pewter Dish, a Copper Coffee-Pot, a Copper Stew-Pan, a Silk Gown, a Crape Gown, a Looking-Glass, two China Punch-Bowls, a Box-Iron, a Copper Tea-Kettle, a Linnen Sheet, a Copper Sauce-Pan with a Copper Cover, a Camblet Petticoat, and three Blankets; the Property of James Steward , from his Dwelling-House in New Hermitage-Street , the 13th of March .
Steward. Yes, my Lord.
Q. Where is your Husband's House?
Q. Did your Husband lose any Goods from thence?
Steward. Yes, my Lord; they were my Husband's to be sure.
Q. When were these Goods lost?
Steward. They were lost between the last Day of October and the 7th of March.
Q. Pray in what Manner were they lost? How came you to suspect that the Prisoner took them?
Steward. Because, my Lord, I left her in the House.
Q. Do you carry on any Business there?
Steward. She (the Prisoner) came to lie with me, either in the Latter End of May, or the Beginning of July; a Neighbour brought her to lay with me, and I could never get her away; but I never saw any of her Money. In the latter End of October last I went to Hall, to meet my Husband, as he is a Sea-faring Man; she (the Prisoner) comes in with a Paper in her Hand, and said, I have a Paper come up from Cornwall, to make you easy and myself too. I said, I shall be gone before Saturday Night; and I said to Mrs. Brown, I have serv'd you before now, and oblig'd you; Now will you oblige me, in looking after my House while I am gone, as my Maid is so young; I said, if it suited her Convenience? She promis'd she would. I gave her 10 s. and said, Will that be enough 'till that Time you have your Money? I went away that very Night. The next Day after that I was gone, Mr. Canedy and his Wife return'd, (they had been out of Town, and use to lodge with me) she said to them, the Case was alter'd, and she put the Man and his Wife upon a Flock Bed, and gave them nothing to eat. The Prisoner refus'd to let them have the Bed they us'd to lie on.
Q. Did you not hear from the Prisoner all this Time?
Steward. I had two Letters, and no more, and very kind ones they were. When my Husband and I came home, we were surpriz'd to see the House in such Distraction; and she has been an Instrument of making a Difference between me and my Husband.
Q. Did you see the Prisoner after this?
Steward. Yes, and desir'd her to tell me where my Goods were. At last she own my Crape Gown and some other Things were pawn'd, and some carried out for fear of Fire.
Court. According to the State of Things this appears only to be a Breach of Trust. We believe, good Woman, you have been very much wrong'd, and the Prisoner is open to the Law, but not to a criminal Prosecution.
Hands. She is the Person that stole my Spoon.
Q. Where did you lose it from?
Hands. From my House in St. Giles's.
Q. How came you to suspect that the Prisoner had it; did you take her up?
Hands. Yes; but I could not find the Spoon upon her; for this Woman, the Prisoner, employ'd a Woman to go to pawn it.
Q. Do you know it of your own Knowledge?
Hands. She own'd it in the Cells last Night that she took it.
Prisoner. I did not own to him that I took it.
Elizabeth Hands . She (the Prisoner) stole the Spoon, she own'd it Yesterday; besides, she took it out of the Kitchen, there was no other Person there; I saw it, and in less than a Quarter of an Hour it was missing.
Q. How do you know any other Person was not in the Kitchen?
Q. Was she your Servant?
Q. Who was it pawn'd to?
Q. Who pawn'd it for her?
Whiting. She brought me the Spoon, and desir'd me to carry it to pawn for Half a Guinea; she told me she came very honestly by it, and I carried it to a Pawnbroker; I ask'd them Half a Guinea for it, and they stopt me and had me before Justice De Veil: She own'd before the Justice that she gave me the Spoon; she said the Gentlewoman gave it her, Mrs. Hands.
Q. (to Whiting.) Is that the same Spoon that was brought to you to pawn ?
Whiting. Yes, Sir.
Brown. Yes, my Lord.
Houblon. The last was the 21st of March.
Q. What was you robb'd of, Madam?
Houblon. Twenty-two Guineas and five Shillings and Six-pence.
Q. How much did he refund?
Houblon. Eighteen Guineas.
Court. I suppose you expect no more to be refunded?
The Prisoner desir'd that his Master would give him a Character.
His Master, with a great deal of Good-nature, did say, the Prisoner was search'd, and a great deal of Money was found upon him.
Corbin. There was about nine Yards of Leaden Pipe taken away, between Eleven and Twelve o'Clock at Night.
Q. Where was this Lead?
Corbin. It was put under Ground to bring Water up to some Houses of mine.
Q. In whose Occupation are they?
Corbin. One Mr. Nicholas, a Tenant the Corner of the Alley.
Q. How much was taken?
Corbin. Nine Yards was taken, and three Yards were found upon this Man, the Prisoner.
Q. Was you present?
Corbin. No, my Lord; but Mr. Nicholas was
Thomas Nicholas . The 21st of February I detected them in digging the Pipe, between Seven and Eight o'Clock; I ask'd them what they were doing? They said they were digging Pipe out of Water; that they did not pay for the Water. I was forc'd, with a great many Words, to prevent them digging. The 28th of February they came again; I got the Watchman to my Assistance, and I took the Prisoner at the Bar with the Pipe upon his Back.
Q. What Pipe was it?
Nicholas. A Leaden Pipe that brings the Water up to my House.
Q. (to the Prisoner.) Will you ask the Witness any Question? He says, he took you with this Leaden Pipe upon your Back, that you had taken from the other Part of the Pipe. Prisoner, now is your Time to make your Defence.
Prisoner. Please you, my Lord, I was going home out of Whitechapel in Petticoat-Lane; it was very dark in the Foot-way; I stumbled upon this Pipe; stumbling upon it, I took it up, and was carrying of it home.
Prisoner. Please you, my Lord, I have nobody to speak but myself.
Woodifield. I lost one in January last, and the other in February; and they were pawn'd at Mr. Brown's Shop. I advertis'd them, and Mr. Brown brought them.
Q. Do you know any thing of the Prisoner at the Bar?
Woodifield. Yes, my Lord, I took him to my own House, and he own'd the Fact.
Q. Did you take the Prisoner with them both?
Woodifield. He carried the second to Mr. Brown, and he stopt him.
Q. What do you know of the Prisoner at the Bar?
The Prisoner was a Foreigner, and spoke by an Interpreter.
Interpreter. My Lord, he says he only borrow'd the Spoons.
Court. Ask him if he will ask the Prosecutor any Questions.
Interpreter. He has no Questions to ask.
John Brown. The Prisoner came to my House the 12th of February, and brought this Spoon I have in my Hand. I saw something fil'd on the back Side of the Spoon, which made me have some Suspicion, or I should not, for I have known the Man for three or four Years. He said that it was his own. I advertis'd the Spoon, and several People came, but none came up to the Marks of it: After that I saw an Advertisement of Mr. Woodifield's. I went to Mr. Woodifield's with the two Spoons, and Mr. Woodifield compar'd them with some other Spoons, and we match'd the Silversmith's Mark; we compar'd them with some other Spoons of theirs, and found that they tallied exactly. I describ'd the Person I had them of; they said he came to their House very often. The same Day he came again; upon that they stopp'd him, and he own'd he took the Spoon, and said it was pure Necessary put him upon it. When he went before the Justice, he own'd the same, and seem'd very ignorant of the Nature of the Crime.
Court. That's the Spoon you are sure you had from this Man?
Court. Now, tell him, is his Time to make his Defence, and call any Witnesses if he can.
Interpreter. My Lord, he says the Gentleman that keeps the Tavern in Pall-Mall would speak for him, and that several would have appear'd for him, if they had known of his Trial coming on.
The Prosecutor gave the Man a very good Character, and believ'd it was mere Necessity, that he had a sick Wife, &c. and he offer'd to take him into his House himself.
Leigh. I have to alledge against him stealing that Thread, and a Piece of Cloth, which I miss'd, and found mislaid in an improper Place.
Q. What Business are you?
Leigh. A Manchester Warehouse-keeper and Linnen-draper .
Q. What was it you missed?
Leigh. A Piece of Irish Cloth. Upon missing that Cloth I examin'd all my Servants; upon the Evening of that Day I discovered this Man had laid it out of its Place; and in the Evening of that Day John Hurst had endeavoured to throw it upon several of my Servants, in order to excuse himself. In examining him about the Piece of Cloth that he had carried out, I ask'd him how he came by that Cloth; he said he had bought it of an Irish Merchant's Servant about a Month before, and he had it away about a Week before, and I asked him whether he could produce the Piece of Cloth; he said he could. After he produced the Cloth, I asked him how it came to have my Mark upon it; then he said it was a Piece of Cloth that he bought of me a Twelve-month ago.
Q. So he produced it, did he?
Leigh. No, My Lord, we had it by another Discovery; we found Part of it in the House of one Mrs. Morris, and Part of it in the House of one Mrs. Winter.
Council. Then you can account for some Money that he has: Don't you know that he has an Annuity besides? Did you find that in his Box? Had he never any Cloth you for which he paid?
Council. And I suppose he might have had more.
Leigh. He might have had any Quantity, because we never restrain any Body.
Council. Can you say you don't believe he would have paid you for it? Did he say that he had stole it? that he had taken it out of the House, contrary to his Duty, and what he ought not to do? Did he confess before the Justice that he had stole it?
Leigh. Yes, he did confess, Sir; he would not confess any Thing else but this. I found the Pound of Thread, and I found Part of the Cloth in his Box. I found this in Mrs. Morris's House [The Piece of Cloth produced in Court ] We ask'd him if he had taken it out of the House in an unlawful Manner.
Q. Are you sure it was your's?
Leigh. Yes, I can swear 'tis my Cloth.
Morris. The 20th of March was the first Time I ever saw this Man; he said he had lived two Years with this Gentleman, and he owned him two
Winter. Sir, What I know of this Man is, the Prisoner brought some Cloth to make a Shirt.
Q. How much Cloth did he bring to you?
Winter. A Shirt ready cut out, how much I cannot say.
Q. How much Cloth did he bring to you? Was there only Cloth enough for one Shirt?
Q. And did you make it into a Shirt?
Winter. I had begun it, but this other Gentleman carried it away, that which was produced in Court was brought to me.
Leigh. Yes, my Lord, it was.
Goodyer. All that I have to say, I went with my Master with a Search-Warrant, and found one Part of the Cloth at Mrs. Morris's, and the other at Mrs. Winter's. The Prisoner's Aunt said, that he had brought three or four Shirts, but carried them off again.
Q. Where did you find this Shirt?
Goodyer. We found it, my Lord, upon the Bed.
Q. Did you hear the Prisoner say how he came by this Cloth after he carry'd it to Mrs. Morris's and Mrs. Winter's? Do you know that to be your Master's Cloth?
Goodyer. Yes, I believe this is my Master's Cloth.
Williams. About five Years; he has a very honest Character, to the best of my Knowledge; he work'd under my Direction for two Years; is a very honest industrious Man; I never heard him charg'd with any thing.
Holt. Between four and five Years.
Q. Do you know what Business he has been in all that time?
Holt. I have known him to be in the Lead Business.
Q. How did he behave?
Holt. I never heard but he behav'd always well.
Q. What Wages had he in the Lead Business?
Holt. I paid him 10 s. a Week.
The Council for the Prisoner urg'd that it was no more than a Breach of Trust, as he was a Servant in the Shop.
Russel. Yes, my Lord.
Q. When was it?
Russel. On Thursday the 13th of March .
Q. What did you lose?
Russel. A strip'd Cotton Gown, one Clock, a Woman's Cap, a Child's Cap, a Shirt, &c.
Q. Were they stolen?
Q. Do you know who stole them?
Russel. It appears to me to be Elizabeth Hensworth , the Girl in the House; she was to be such, and officiated as such: She got up that Morning with an Intent to go to Washing, as she told her Mistress, about Five o'Clock; about Six o'Clock, I was surpriz'd by the knocking and thundering at my Door; there was a Boy come to my Shop for Goods: At that Hour in the Morning we found the Door standing a-jar. I came down, and a Person I saw in the Street said I had left my Door open; whe n I came down there was no Fire, nor no Appearance of Washing.
Q. Did you find the Girl in the House.
Russel. No. I went up and told my Wife; she ask'd me if I saw any Thing missing; I miss'd several Things. Then I consulted what I should do, as the Girl could not be found; I went to a Broker's and discover'd some of the Things.
Q. What did you discover?
Russel. I discover'd two Caps and a Shirt. I went about to a great many Places, and heard no more of them 'till Ten o'Clock; a Broker came to me, and he stopp'd the Girl by offering a Cap of my Wife's. When I came to the Pawnbroker's I saw it was the Girl that was with me: She had a Woman with her, and another in the Street.
Russel. The two Caps were left with Mrs Turner; The Cotton Gown, and several other Things, were pledg'd with Mr. Tayler.
Turner. On the 13th Day of March the Prisoner brought a Child's Cap; she said it was her Sister's; I look'd down Stairs to see how she was dress'd.
Court. Prisoner, do you hear what Mrs. Turner says; and Russel says he lost some Linnen out of his House, and she says you brought some of those Things to her to pawn.
Prisoner. Sir, I did not give them to her herself.
Q. Mrs. Turner, are you sure the Prisoner was the Person that brought these Things to you?
Turner. I just had a Glimpse of her; I believe 'tis; but my Maid says she should not know her if she should see her.
Robert Tayler . The 13th of March last the Person was brought to me, (the Prisoner at the Bar) but there is a vast Alteration; for she was then dress'd vastly clean. She brought to my Shop one Gown, an Apron, and a Piece of Stuff-Damask, and there was another Woman with her. She wanted 12 s. for it, I told her I could not lend her so much upon it; then when she came again I ask'd her whether they were her own, and she said they were her Sister's.
Q. Who made you that Answer?
Tayler. I think the Prisoner at the Bar: I am sure she is the Person.
Q. Where are them Things; are they here?
Tayler. Yes, my Lord.
[The Things were produced in Court]
Prosecutor. At the Justice's House.
Tayler. Yes, my Lord.
Russel. Yes, my Lord.
Prisoner. No, Sir.
Q. What Cloaths ?
Smith. Four Woman's Gowns, a Pair of Stays, two Quilted Petticoats, and other Things.
Q. Where were they taken?
Smith. Out of a Box in my Room.
Q. Where is your Room?
Q. What are these two Prisoners?
Q. How did they get into your Room?
Smith. There is an old Woman in the Neighbourhood I look after; I go about two Hours every Evening; while I was with her they got into my Room; I had the Key in my Pocket; whether I mislock'd it I cannot tell. When I came home I found my Box broke open; a Gown and a Shift were in the Box I found unlock'd.
Q. How did they contrive to open your Box?
Smith. That I cannot be Judge of; I had the Key of my Door in my Pocket, and the Keys of the Box likewise; but when I came home I found both open.
Q. How long was you out?
Smith. I was out from half an Hour after Six to Eight, as I am every Night, with the Gentlewoman I look after.
Q. Where is this Coat?
Hibard. The Constable has it.
Batchelor. I had it of the Prisoner.
Q. Which of the Prisoner?
Court. Produce it, and shew it to the Woman that it belongs to.
Smith. Yes, my Lord.
But most of the Things being found upon the Prisoners, or pawn'd by them, they were both found guilty .
166. Elizabeth Foot was indicted for stealing four Napkins, two Shirts, five Table-Cloths, a Holland Apron, a Sheet, twelve new Pewter Plates and a Brass Mortar , the Goods of William Parran , on the 13th Day of March .
Parran. She has stole several Things from me.
Q. Do you know any thing of five Linnen Table-Cloths, Napkins, &c.
Q. What do you know of the Prisoner's having them?
Parran. They were found at the Pawnbroker's, one Perry.
Q. What was found with Perry?
Parran. I have a List in my Pocket-Book: Four Napkins, two Shirts, five Table-Cloths, a Holland Apron, a Sheet, twelve new Pewter Plates, and a Brass Mortar.
Q. Where were they pawn'd?
Parran. At one Perry's in Shepherd-Street; the Prisoner own'd that she had pawn'd the Things there.
Q. Is that all you heard the Prisoner say? Did she own the Things?
Parran. Yes, she own'd the Things were stole from me, and several more that were not pawn'd there: I had a Warrant from Justice De Veil to search the House of the Pawnbroker. Both Perry and his Mother offer'd to swear that she had several of the Things away that we afterwards found there.
Perry. Yes, my Lord. The Prisoner at the Bar brought Goods to me backward and forward; he has often employ'd the Prisoner at the Bar to bring Things backward and forward to our House.
Parran. I am at present out of Business; I kept the Black Bear in Piccadilly.
Perry. She brought them backward and forwards. Here, my Lord, is a Riding Habit and a Cotton Gown.
Parran. Those are none of the Things.
[They were produced in Court.]
Q. What was it that you lent upon them?
Perry. I believe 18 or 19 s.
Parran. Yes, my Lord.
Q. I ask you, Prosecutor, upon your Oath, did you not employ this Girl to pawn Things for you? Did you not employ her to carry any of these Things for you?
Prisoner. My Master used to employ me to carry Things there to pawn, my Lord.
Marshall. I had a Search Warrant to search the House of Mr. Perry for these Goods; I went to Mr. Perry's House and found all these Goods there.
Q. Did you hear the Prisoner say how she came by them?
Marshall. I ask'd her particularly about every Parcel of Goods; she said those Things that were mention'd were stole from her Master unknown.
Q. Did not the Pawnbroker deny the Things at first?
Marshall. He said he did not know he had any such Things; but I said I must search; so I went to searching, and he brought some Things and deny'd some others, particularly the Dozen of Plates.
Perry. Because she had fetch'd them three or four Days or a Week before, and we did not think they had been brought again; they had not been there above two or three Days by the Marks.
Court. Prisoner, now is your time to make your Defence. Have you any thing to say? Have you any Witnesses to call?
Guilty 39 s.
167. WillIAM Askew was indicted for stealing a large Silver Tankard, Value 10 l. a Pint Silver Mug, Value 4 l. twelve Silver Tea Spoons, Value 12 s. a Silver Strainer, Value 1 s. 6 d. a Silver Pepper-Box, Value 18 s. and a Pewter Milk-Pot, Value 9 d. the Goods of Charles Appelby the Elder , on the 22d of March .
Council for the Prosecutor. Please your Lordship and the Gentlemen of the Jury, I am Council in the Cause against the Prisoner at the Bar, William Askew , who is charg'd with Felony committed in the House of Charles Appeiby , to whom he was a Journeyman. Gentlemen, the Facts we have to lay before you are all Circumstances, and seem to be such as we cannot err in, when they are laid all together. There is nothing of a positive Proof, neither was he taken in Means, as the Law calls it, in having any Goods found upon him; but as 'tis on Circumstances the Affair entirely depends, I shall submit it to the Court, whether they are so satisfactory as to convince you that this is the Man who robb'd his Master. As the Case is represented to me, by Mr. Appleby, Brasier, in Harp-Alley, the Prisoner's Bed, Gentlemen, was placed in the Shop, pretty near a little Room by the Parlour; it lies so near the Doors that 'tis impossible for any one to make the least Noise without waking the Person who lies in that Bed. On Friday Night, the 21st of March, young Mr. Appelby coming home very late, between Eleven and Twelve o'Clock, he look'd about, as he commonly does, to see if all Things were safe, and at that Time they were so. His Father and Mother lay up one Pair of Stairs and his Sisters up three; young Mr. Appelby's Room was up two Pair of Stairs, and only this Servant on the Ground Floor, who was suppos'd to be in Bed close by the Parlour. Some time after Twelve the Watchmen beat their respective Rounds, when the Door was safe, and continued so 'till a little after Four, at which Time the Watchman discover'd it open and went into the Shop, who, seeing the Prisoner at the Bar, ask'd him the Meaning of it; oh, says he, nothing at all, a small Matter, I suppose some of the Family are gone out; though, as the Door had been open'd, it could not be done without his Privity; but he shuts the Door again and takes no other Notice of of it. When the Porter came in the Morning, as usual, to open the Shop, he went into the Parlour and discover'd the Escrutore had been forced open: Afterwards, upon searching the Prisoner's Box, an old Nailpiercer, newly fil'd up, was found, which appear'd to be a very proper Instrument for forcing those Locks and Holts. If any Stranger, Gentlemen, had done this, 'tis extreamly odd that the Servant, intrusted in the Family, should take no Notice of it, not alarm them. There is another Circumstance, viz. a cross, crabbed Dog, as surly perhaps as any in Town, which this Brazier keeps for the Safety of his Shop, and will hardly suffer any Stranger to come into the Shop in the Day Time, and much less in the Evening, without giving an Alarm; and this Dog was then within the House. The Master of the Family, the four Daughters and Son were also within. These can hardly be suppos'd to be Partners with the Man in robbing the House, there being no Maid Servant there at this time. The Noise that must have been made by the Violence us'd in the forcing the Place where the Plate was secur'd, could not but awake any one who lay so near, unless he had been so found asleep as not to be awakened even by the Noise of a Gun. Gentlemen,
Q. Have you not a Dog?
Appelby. Yes. We have got a good middling siz'd Dog; when any comes to the Door he makes so great a Noise, that the Watchman said he would kill it.
Council for the Prisoner. Mr. Appelby, are you the Son of Mr. Appleby, the Prosecutor; you know the Defendant; how many Months has he liv'd with your Father; how did he behave during that Time; how did he behave always?
Appelby. He always behav'd very well, 'till this very Affair happen'd.
Q. Did he use to go out often?
Appelby. No. He us'd to go out about once a Week. He lays in the Shop; only a Partition between the Parlour and the Shop.
Q. Does any Body lie up one Pair of Stairs?
Council. You mention the Flap of the Buroe broke open, and the Closet broke open: I would ask you whether the Prisoner knew where your Plate was kept ?
Appelby. Yes. I don't doubt, as well as we did.
Council. You say the Closet Door was broke open, and the Prisoner knew where your Plate was: You said there was not Plate usually kept there. Was there any Money frequently kept there?
Appelby. That Afternoon I took almost 12 l. out of the Scrutore; which no Doubt they would have taken.
Council. Pray Mr. Appelby where does your Parlour look into.
Appelby. The one Part into the Shop; the other into the Burying Ground.
Council. You say there must be a great deal of Violence us'd, but none of the Family heard any Thing of it.
Mr. Serjeant says, that at Four o'Clock in the Morning, when the Door was discover'd to be open, none of the Things mention'd in the Indictment were found upon this young Man at the Bar. Pray do you know any Thing of this Advertisement in the Papers?
Appelby. Yes Sir. It was by my Father's Orders.
Council. And did you find your Journeyman in Bed when you came down Stairs: You say he always gets up to let the rest of the Workmen in; then he was in; was he dress'd, or half dress'd when you came down?
Appelby. I was in such a Surprize I did not look after him.
Q. Who fastned the Door?
Appelby. The Prisoner fastened the Door, and I felt of the Bolt and Things afterwards.
Council. What Time was you in?
Appelby. About Twelve, or a Quarter after.
Council. So then I find the Prisoner keeps better Hours than you.
Godyn. Yes, I went every Hour.
Q. Do you remember the Time when it was said the House was robb'd?
Godyn. I was the Round every Hour in the Night. I went the regular Round every Hour.
Q. Did you beat at this Door of Mr. Appelby's ?
Q. How long can you venture to say it was shut fast?
Godyn. It was shut every Hour I went my Rounds.
Council. You beat it 'till Six o'Clock?
Perkins. About half an Hour after Four I was going down to the Watch-house with my Lanthorn, and going through Harp-Alley, I saw the Door a little open. I went in and saw a Man in Bed, and bid him get up. I said get up and fasten the Door, the Shop is liable to be robb'd: I went up to the Bedside, made the Man to get up, and he got up out of his Bed, and fastned the Door.
Q. Was the Man awake or asleep?
Perkins. The Man answer'd me readily enough then; he said he suppos'd there might be somebody just gone out.
Q. Did you see or hear any Thing of a Dog?
Perkins. There was never a Dog bark'd at me.
Council. You went into the Shop, and made a Knock with the Watchman's Staff just by his Bed-side? You made a Thump with your Staff, upon that the Person answer'd; he did not, upon your coming first into the Shop, Cry, Who is this?
Council. Only give me Leave to ask you, whether the Prisoner was without his Cloaths?
Perkins. He was.
Council. He had nothing but his Shirt on?
Perkins. No, nothing else.
Perkins. Yes, but before I had got the Length of my Cane, he got up and fastned the Door.
Cordel. Yes, and when I came in the Morning, a Quarter after Six, as soon as I knock'd, my Fellow Prisoner got out of his Bed, and let me in; and I said this Flap was open for something last Night: I ask'd him for what, he said he forgot: I push'd up the other Flap, then I went my Ways into the Parlour to unbolt the Parlour Window; then I saw my Master's Buroe, and Cupboard, by the Fireside, broke open, and I said to the Prisoner, William, Did my Master leave his Buroe so last Night? he said I don't know.
Q. Did you examine about the House? Did there seem to be any Force used in any Part of the House?
Cordel. There was nothing but the Flap hung loose over the Street Door; with that we went down into the Cellar.
Council against the Prisoner. I am surpriz'd you should lie so near to this Parlour, and not hear any Thing of it.
Council for the Prisoner. You would not have the Man hang'd for being fast asleep?
Council. No; I should be as tender of that as you are.
Court. The Flap you say hung loose?
Cordel. He said the Flap was left loose last Night.
Q. As you have lived with Mr. Appelby all this Time, have you known the Prisoner?
Cordel. Yes, but I never saw any Injustice by him, or any Thing of that Kind.
Q. Was he up when he let you in?
Cordel. No, my Lord, he was in his Shirt.
Q. Now pray what Time of the Night is Mr. Appelby's Shop kept open?
Cordel. They are shut in between Seven and Eight o'Clock.
Q. Might not a Person be conceal'd there?
Cordel. No, I believe not; for commonly my Master, or young Master, are near the Door.
Council. (to Mr. Appelby the Elder) What is your Family?
Appelby. Only my Wife and self, this Son and four Daughters; no Servant but the Prisoner.
Q. What Part of the House do you lie in?
Appelby. Two Pair of Stairs forwards?
Q. Was you apprehensive of any Disturbance?
Appelby. I knew of none.
Q. Can you tell that your House was safe ?
Appelby. Yes, all was safe.
Q. Is there any of your Family that lie so near to this Room as you?
Appelby. None so near as myself.
Council. I would ask you whether it was possible for any one to come into that Room, to do any Thing without being heard by the Man in Bed?
Appelby. I think not; then I think there is another Thing, the boldest Rogue would hardly come by that Bed, which they could scarce get by, and if they did, he might have immediately gone out and call'd the Watch.
Council. (for the Prisoner.) Mr. Appelby, the Prisoner has liv'd with you four Months: I would ask you whether he behaved in a sober, modest Way?
Appelby. I believ'd him to be very sober and honest.
Q. Had you any Reason to imagine that he could be guilty of such a Crime? I would ask whether you look upon the Prisoner at the Bar to be an artful cunning Person, or a low weak Capacity?
Appelby. He is not so ready in his Business as some People are; but here is a Copy of a Letter to prove that he is not a Person of so mean a Capacity.
Council. Have you not declar'd since, you believed the Prisoner at the Bar to be innocent?
Council. I would ask you whether you have not offer'd any of the Prisoner's Friends, if they would give you any Thing, you would make it up? Did you ever know Mr. Willis? 'twas pretty late for your Son to be out? Does your Son usually keep such Hours?
Appelby. Yes, sometimes.
Council. I am sorry for your Loss; I wish you may find out the Thief.
With your Lordship's Leave I am Council for the Prisoner. As the Serjeant has candidly open'd it, that there was nothing but Circumstances, whether they were such Circumstances to take away the Life of a Man. The Person is indicted; it amounts to this. Here is a Person indicted for being asleep. If a Person has any Character to support him, the Jury will never believe them, unless there are some other Circumstances. This is laid as a Crime, that a Person shall not be awaken'd by a Noise, as that at best is but a doubtful Case. We shall call our Witness to prove that he is a most sober and honest Person.
John Willis . I gave 20 l. Apprentice with the Prisoner to Mr. Norris.
Council. Now I would ask you whether you had any Discourse with Mr. Appelby before?
Willis. Mr. Appelby offer'd to make it up; I told him and his Wife, if he (the Prisoner) was Guilty, I would not give Six-pence to save him from the Gallows. He is second Cousin. He is a Boy of a very shallow Capacity. Mr. Appelby gives but Seven Pounds per Year. I believe him to be innocent; he said so before the Gentleman at my Lord Mayor's Court.
Q. How has he behaved?
Willis. Sober and well; has always been in Places; he was put Apprentice to a Brazier.
Q. How was it that you did not set him up?
Willis. I told him, if he could cast up a Sum of 20 s. I would set him up.
Willis. Yes, and I saw Mr. Appelby's Wife and three Daughters, and I think a young Man.
Council. I ask you upon your Oath, what Mr. Appelby said about the young Man?
Willis. When we went to Mr. Appelby's House, it was upon the Circumstance of the Watchmen. Mrs. Appelby made a great Noise, and said they had never such a Misfortune before; she said Circumstances were so strong, that it was impossible but it must be he: I said I did not know any Thing of the Circumstances, but only I had been talking with the Prisoner at the Bar a great Part of the Afternoon, and I found from his Discourse, that he must be a real honest Man; and what confirm'd me in it, that his Master gave him the best of Characters: One Circumstance was this; one of the Masters that he was with, his Affairs went back in the World, and he could not employ all his Hands; the Prisoner at the Bar was very industrious, and his Master was not willing that he should be dismissed.
Council. The Question that I ask you, is, whether Mr. Appelby declar'd any Thing at all with respect to the Prisoner at the Bar?
Willis. I intended to come to it, but I'll answer your Question. Mr. Appelby said they were willing to make it up, if he was concern'd in it, as being drawn in from his Weakness; but Mr. Willis said if he was guilty, if Six-pence would save him, he would not give it.
Council (to - Norris.) Mr. Norris, I think the young Man at the Bar serv'd you seven Years as an Apprentice?
Norris. Yes, and he behav'd very suitably.
Q. How long has he been out of his Time?
Norris. Four or five Years, and I never heard any thing against him 'till this Time, at which I was much surpriz'd; I should think him one of the last Persons for such an Undertaking; and if it was attended with any Difficulties, I don't think he could do it, for he has but a very indifferent Capacity. While he was with me he was a very sober honest Man.
Council. I suppose it was in his Power to have wrong'd you very much, if it was his Inclination.
Norris. Yes, Sir.
Wade. He work'd with me. My Husband belong'd to Deptford-Yard.
Q. How long ago?
Wade. Above six Months.
Q. Where did he go from you?
Wade. Mr. Appelby took him upon my Character.
Q. How did he behave in your Service?
Wade. He behaved very honest.
Council. Was he extravagant in his Expences? Was he very sober ? You say Mr. Appelby took him upon your Character; that is your Opinion.
Q. Do you think he could be capable of breaking open his Masters Escrutore, or such Things?
Wade. No, I believe not. He lived with me a Twelvemonth, all but a few Days; and I knew him about two Months before he came to live with me.
Q. During the whole Time he lived with you, how did he behave?
Wade. I never had a better Servant in my Life, for what he was capable of doing; he kept very good Hours, nobody came after him to spend any Money.
Q. Had you heard of this unhappy Affair?
Wade. Yes, but I cannot think he had Courage or Capacity for such a Thing.
Council against the Prisoner. They have call'd Witnesses to the Prisoner's Character; doubtless Character is a Scale to turn very much; but 'tis a wonderful Thing to me that the Plate is gone. Which way could any one get into this House? This is the only Man that lay below, and was within hearing, and to be so very found asleep! All Men are honest 'till they begin to be otherwise; but they say he is a Man quite contented and easy in Disposition and Temper. We had some Difficulty to prove his Hand-writing; but at last it comes out that 'tis his Hand-writing. 'Tis plain that he
The Prisoner's general Character was so good, and he appear'd such a plain, simple, honest Man, that he was acquitted .
His Uncle apply'd to the Court for a Copy of his Indictment.
Bray. Fifteen Shillings and Six-pence.
Bray. The 28th of March last.
Q. Where was it that you lost it?
Q. Do you live there?
Bray. I lodge there, please you, my Lord.
Q. Where was it taken?
Bray. Out of my Breeches Pocket, in my Room.
Q. When did you miss it?
Bray. Not 'till Saturday.
Q. Did you ever find it?
Bray. I heard the Prisoner confess that he took it out of my Pocket, and spent the last of it last Monday.
Prisoner. No, my Lord.
Court. That is all you heard.
Gates. Yes, that he had spent all on Monday Night.
Prisoner. No, my Lord.
Norman. When they sent for me to take the Charge of him, I told him he had better confess if he had the Money; we might make it up without going to Prison. He said he did take the Money, and had spent it.
Q. In what Room?
Powell. I keep an open Shop, a Cloaths Shop, and the Creature, this Woman, accus'd with stealing two Shirts, brought them to me; I ask'd her how she came by them; and she told me they were her Husband's.
Q. Are you a Broker? When did she bring these Shirts?
Powell. On Friday, my Lord; I knew the Prisoner when a Child, but I have not seen her for some Years, nor have I had any Knowledge of her.
Q. How did she come by them?
Powell. She said they were her Husband's, and he sent her into Monmouth-Street to sell them; but as she knew me she brought them to me; they were dirty, I gave Six-pence for washing them. I gave her a Market-Price for them.
Skettle. The Prisoner own'd before Justice De Veil that she had my Shirts.
Q. What did she own?
Skettle. She own'd before the Woman, the Witness, that she had them from my Room.
The Prisoner had nothing to say to the Purpose.
James Bullock , and as we were going along with him by Mr. Salway's, he said, that was the Place where he stole two Pair of Breeches from.
Court. Then he shew'd you the particular House where he stole them.
Pennel. Yes, where he and two more stole them.
Q. Whose were they?
Pennel. The Property of George Salway ; and he said, had it not been for Dunock's being drunk, he should have got the whole Suit; but he being drunk, run against the Knocker of the Door, and the People came out and shut it.
Bullock. Please you, my Lord, what he speaks of I am innocent of; I never shew'd him the House.
Terry. I am an Officer; and as I was going along with Bullock from New-Prison, he call'd at the Taylor's House; he said, Madam, did not you lose two Pair of Breeches? The Gentlewoman said Yes. Said Bullock, I am the Man that stole them such a Time.
Q. Do you know any thing of the other two Prisoners?
Terry. No, but what the other, that is Bullock, said.
Bullock. Please you, my Lord, I know nothing of what the Evidence says.
Bullock. Not at present, my Lord.
As there was no other Evidence against Dormer and Dunock, they were acquitted , but Bullock was found Guilty .
This James Bullock has been a very notorious Offender; he was concern'd with several Boys in Robberies; he was an Evidence against Mayson, and impeach'd his own Wife as an Accessory. See January Sessions, No. II. Part II. Page 42.
Q. When did you lose them?
Wilks. The 17th Day of February .
Q. From whence?
Wilks. Out of my Room.
Q. Where is your Room?
Wilks. In New-Prison Walk.
Roberts. No further to say than that I bought five of the Birds and Cages.
Q. How do you know they were this Man's Birds and Cages?
Wilks. Yes, my Lord; I know they are mine.
Q. Prisoner, what is your Business?
Halsey. A Butcher, my Lord.
Q. Where did you get these Birds and Cages?
Halsey. I gave Half a Crown for them. I bought these Birds, Sir, accidentally, as I was going along, and my Wife being sick, I sold them again.
There was one in Court that gave an Account of the Prisoner as a Person of scarce common Understanding.
Rawlins. My Child was robb'd last Tuesday of a Frock and a Piece of Check'd Linnen.
Q. How old was the Child?
Rawlins. Twenty Months old.
Q. Where was it?
Q. How came you to suspect the Prisoner?
Rawlins. She was in Custody before I was appriz'd of it. I did not see her commit the Fact, but was told by all the Neighbours that she did it; she was carried before the Justice, and she partly confess'd it, and said it was the first Fact, and the
Q. What was the Fact?
Rawlins. The taking the Frock and the Piece of Check from the Child.
Q. What was she charg'd with at that Time? Was she particularly charg'd with this Fact of taking this Frock?
Rawlins. Yes, Sir, she was.
Prisoner. He did not ask me any thing.
Francklin. I was standing in my Master's Shop, opposite to the Place where this Fact was committed, and I saw this Woman (the Prisoner) some time in the Alley; I took no Notice of her, and she held this Child in her Arms, as if the Child was making Water. Presently she comes out in a Hurry, with something in her Lap, and I said I believe that Woman has stript the Child. She went down a Turning, where she was soon taken with the Things upon her.
[They were produced in Court.]
Rawlins. This is the Child's Frock and the Linnen.
Prisoner. Did you see me take it?
Rawlins. I did not.
Tibbet. I say, Sir, that she lodg'd in my House almost Half a Year. She took my Wife's Shift out of the Drawer; she own'd it herself. I won't swear that she did it; but she own'd it before the Justice.
Q. What Justice?
Tibbet. Justice Holt.
Q. Was it sign'd?
Tibbet. Yes, she sign'd it with her own Hand.
Hollis. Sir, I miss'd my Mistress's Shift between Eleven and Twelve o'Clock; and she ( the Prisoner) own'd she had pawn'd it.
Q. Where is your Master's House?
Hollis. At Islington.
Q. Did she own she took it from thence ?
Hollis. Yes, Sir, and the Money too.
Court. Prisoner, she says you took the Money from the Prosecutor's House at Islington.
Prisoner. My Lord, they lay more to my Charge than I had. Please you, my Lord, 'tis partly done out of Spight, as much as any Thing.
Prisoner. No, my Lord; none but myself.
Jonquer. Yes, between 70 and 80 lb.
Q. In whose Occupation is this House?
Jonquer. The House was empty. We lost so much Lead, but we cannot tell who took it.
Q. Who did that House belong to?
Q. When was it?
Lewin. The 6th Day of March, about Three o'Clock in the Afternoon.
Q. What Part of the House was it that he was at?
Q. What did you do upon that Occasion? Did you see the Man before?
Q. Did you give any Information about it?
Lewin. Yes, my Lord; I call'd my Fellow-Servant, and she call'd that Gentleman.
Yerbury. This young Woman call'd to me; said she saw a Man out at the Window taking the Lead away; and I saw the Man with a short Hatchet, and he had got about a Foot of Lead. I call'd to him, and he came down, and when he came down I laid hold of him.
Yerbury. I saw somebody, but I cannot say it was him.
Lewin. The Prisoner made a Confession before Justice Quarrel, and that there were two more in the House.
Lewin. I cannot tell.
Q. Was there any Lead found upon him?
Lewin. None found upon him.
Court. (to the Prisoner.) Now make your Defence?
Prisoner. My Lord, I never meddled with any of the Lead.
Q. Have you any Witnesses to your Character or the Fact?
Brooks. Yes, a strip'd Cotton Gown, and a white short Cloak.
Brooks. The 26th of March.
Q. From whence were these Things taken?
Brooks. From my Room in King-Street.
Q. How came you to suspect the Prisoner?
Brooks. About Six o'Clock in the Evening I sent a little Child out for a Candle; I went down Stairs and miss'd it, about five Minutes after the Child came in.
Q. How came you to suspect the Prisoner?
Brooks. I open'd the Street-Door without a Gown; and when I look'd out, before I had Power to ask any Question, the Prisoner said she had lost a Bunch of Turneps.
Q. She lives then in your Neighbourhood?
Brooks. Yes, Sir, facing of me. I said to her, Did you see any body come out of my House? She said, she could not look after my House, for she herself had lost a Bunch of Turneps, and she seem'd to take it amiss that I should ask her about any Persons coming in. When the Thing was talk'd of, she, the Prisoner, said, Mrs. Brooks has been taxing me about it. She said I should never hear the last of it. The next Day I sent for her over, for very dishonestly People use her House; I said to her, if you can tell me any thing of my Gown, I shall be oblig'd to you; but she told me I should never hear the last of it. The next Day I went into Rag-Fair, and I found it in Rosemary-Lane, as I was going along; it was hanging in the Window.
Q. Did you tell the Gentleman that you lost it?
Brooks. I told him it was my Gown, and I desir'd him not to sell it. I ask'd him, if he had such a Thing as a white Short-Cloak, which they had.
Q. Did they give any Account of the Person that brought it thither?
Brooks. When they described the Person, it gave me the more Suspicion. Please you, my Lord, this same Woman, the Prisoner at the Bar, was in Rosemary-Lane, and this Woman by; the Prisoner ask'd, if she knew where she could sell a Gown and Cloke; whereupon she carried her to her Master; they told her, they hop'd she came honestly by it; she answer'd, yes.
Q. Was she taken up?
Brooks. Yes; but denied before the Justice that she either took it or sold it.
Prisoner. If you will please to ask her, my Lord, whether I was in her House?
Court. She does not say you was.
Linsted. This Gown and Cloak was brought to me the 26th or 27th of March, I cannot say; the Gown and Cloak was brought to my Shop by a Woman that my Workwoman brought in; she came to sell these Things.
Q. Who had the Money for them?
Linsted. The Prisoner.
Q. Who appear'd as the Owner of them?
Linsted. The Prisoner at the Bar; she sold them as her own.
Q. What did she sell them for?
Linsted. For 5 s.
Williams. I am Workwoman to this Gentleman. I met the Prisoner at the Bar in the Street, and she ask'd me, if I could tell her of any Body that would buy a Gown and Cloak of her, and I brought her to this Gentleman, my Master, and she sold them for 5 s.
Richard Lawrer .) What have you to say of the Prisoner?
Lawrer. I was sitting in this Gentleman's Shop when this Woman, the Prisoner, came in; I was there while he and his Wife bought this Gown and Cloak of the Prisoner at the Bar, and she bought a coarse Shift for a Girl, as she said, of 14 Years of Age.
Brown. I have known the Prisoner these four Years.
Q. What's her Business ?
Brown. She is a very honest industrious Woman, and willing to live in the World; I have sent her out with 8 or 9 l. at a Time, and she always was very honest. About a Fortnight ago a Quarrel arose among the Irish; they said they would do for her before a Month was at an End. This Dispute arose with this Woman soon after this. Mrs. Brooks has lived well in the World; but I believe of late she has been a little lunatick.
Q. Do you know any thing of the Pawnbroker?
Brown. He is no Pawnbroker.
Mary Abury . Please you, my Lord, Mrs. Brooks said she was robb'd; she came to our House for a Halfpenny Candle; I told her I stood at the Door a great while, and I did not see any body go in. She said to the Prisoner she must needs know something of it, for no body could go into her House but she must see them, and the Prisoner said, she had lost a Bunch of Turneps herself.
Butcher. Please you, my Lord, when the Woman's Things were lost, (the Gown and Cloak) the Prisoner at the Bar was at her own Door a knitting for above an Hour.
Q. How long was you there?
Butcher. The best Part of an Hour. During this Time, Brooks complain'd of being robb'd, she sent her Girl to my House for a Candle; when Mrs. Brooks said she had lost her Gown and Cloak, the Prisoner was at the same Juncture of Time sitting at her own Door a-knitting.
Q. How came you to be so particular, to be so long at the Door looking over your Hatch?
Butcher. Please you, my Lord, I have been ill; and it was above an Hour. Mrs. Brooks liv'd next Door to me: She is up all Hours of the Night.
Linsted. About Seven or Eight o'Clock at Night, the 26th or 27th of March.
Williams. About Eight o'Clock, as near as I can guess.
Q. How far from Rosemary-Lane do these People live?
Williams. They live in King-Street, Wapping. The Prisoner told me she liv'd in Katherine Wheel-Alley in Whitechapel, when she sold the Things.
Wood. She has a very good Character, and 'tis unknown the Money I have had in my Drawers, that has always been safe. I have left her in the House for a Week or ten Days together, and never missed a Halfpenny in my Life.
Q. Where do you live?
Lang. In St. Katherine's, please you my Lord.
Q. Did you lose any Thing out of your Shop?
Lang. Yes, ten Pair of Shoes and Pumps.
Q. How many Pair of Shoes?
Lang. Please you, my Lord, there were six Pair of Leather Shoes.
Q. Were they six Pair of new Leather Shoes?
Q. What Time did you lose then?
Lang. Between Nine and Ten o'Clock at Night.
Q. When did you see them before you lost them?
Lang. I saw them before Six o'Clock.
Q. Did you ever see these Shoes again?
Lang. I never saw but one Pair again.
Q. From whom had you that Pair again?
Q. How long was it before you had it from him again?
Lang. Yesterday Morning.
Q. Was he taken up Yesterday Morning? Where did he say he had them?
Q. Did you see him about the Shop at all?
Lang. No, not at all.
Lang. Please you my Lord they were upon his Feet.
Q. Can you take upon you to say they are the Shoes that you made ?
Lang. Yes, my Lord.
Q. By what Mark ?
Lang. By my Name and the Customer's Name upon them Shoes.
Q. Can you by any Mark swear they are the Shoes that you made?
Lang. They are all my Work, please you my Lord.
Q. Can you swear they are one of the six Pair of Shoes that you lost? Had these six Pair of Shoes that you lost, any particular Mark?
Lang. These Shoes were made for a particular Customer: I found this one Pair upon his Feet.
Court. You don't know any Thing of the other Pair?
Lang. No, my Lord.
Prosser. I work for Mr. Lang. While I was there, my Master spoke to me, and told me here is a Pair of Shoes that I lost, found upon this young Man's Feet.
Q. Did you know any Thing of the taking of these Shoes?
Prosser. No, my Lord. I asked the Boy (the Prisoner ) whether he was not concern'd in the Robbery: The Prisoner owned he was concerned with Hudson in stealing six Pair of Shoes out of the Shop of Mr. Lang; and that Hudson sold them for 2 s. a Pair: I ask'd how he came into the Shop with that Pair; he said he had them from Hudson; he did not say that he gave any Thing to Hudson for them.
Court. You say he was concerned with Hudson; Did he tell you what Part Hudson acted, and what Part he acted ?
Q. Did the Boy tell you that he took them, or Hudson ?
Prosser. The Prisoner said, that Hudson took them out of the Shop.
Hudson. I did work at the Sawyer's.
Court. But now you do nothing?
Hudson. The Prisoner and I went both together, with the same Intent, to steal what we could.
Q. What did you take out of this Shop?
Hudson. We took out eight Pair of Shoes and Pumps, and an odd one.
Q. Where were they?
Hudson. They were in the Shop Window.
Q. How did you get them out?
Hudson. We broke a Pane of Glass; he broke one Piece, and I broke another.
Q. Who reach'd the Shoes out?
Hudson. He reach'd some, and I reach'd some.
Q. What did you do with them afterwards?
Hudson. He, the Prisoner, carried them away, and we sold them together.
Q. Did you sell them altogether?
Hudson. Yes, all but a Pair he kept, and a Pair I kept; but I lost mine.
Q. What did you sell them for?
Hudson. Half a Guinea.
Prisoner. No, Sir.
Pennel. I know so far as this; I saw these Shoes upon the Prisoner's Feet before the Justice, with the Man's Name upon them in Length, which was in some Measure scraped off?
Q. Where were these Shoes sold?
Pennel. To one Alverass; he buys Things known to be stolen. We went after him, but he made off when some of the Gang was catch'd.
Charles. Sir, this Lad's Father lives by me; he brought me here on Wednesday last, to tell what I know of him; the Boy has been very honest. He has a Step-mother, and was turn'd out; and what he has done these three or four Years I cannot tell. He was clear'd by the Court last Wednesday. His Father knew that I had some Friends in St. Thomas's Hospital, and he wanted me to get his Son in there for a Distemper.
Q. What Distemper?
Charles. I believe the Fonl Disease. I went Yesterday to Lang's Shop, the Prosecutor, and he told me he had a great Misfortune, he said he had been robb'd, &c. and, said he, 'tis by one Hudson: The Boy was by, and made Answer, that he was try'd Yesterday; and, says Lang, Are you clear'd; Yes, Sir, said he, I am. So he stoop'd down and took that Shoe in his Hand, and said, These are my Shoes, I will swear to them; and he said to me, Do you know any thing of this Boy's Character: I said, I never heard any thing amiss of him.
Carew. An Irishman.
Carew. I knew nothing by him, 'till this present Time, but what was just and honest. I have liv'd in his Father's House, and work'd with him several Years, and knew nothing amiss of the Lad. The Man that swore these Shoes were his, swears that they broke a Pane of Glass: We ask'd him whether this Pane was broke, and he own'd that it was crack'd before.
Guilty, 4 s. 10 d.
179, 180, 181. Anne Hoy , Sarah Hobbs , and Anne Sparks , were indicted for stealing one Silver Watch, Value 4 l. one Pair of Brass Shoe-buckles, Value 6 d. two Handkerchiefs, Value 1 s. and ten Shillings in Money ; the Property of Thomas Fellows , the 23d of March last.
Fellows. I lodge at one Mr. Smith's, near Stepney.
Fellows. No, Sir.
Fellows. The farther End of Rosemary-Lane.
Q. Had you any thing at her House?
Fellows. The Things I had were about me.
Court. You lay there, did you? and you lodge at another Place.
Q. How came you to lodge there?
Fellows. I lodg'd there by a very great Misfortune, only one Night?
Q. Which Night was that?
Fellows. On Thursday Night.
Q. What Day of the Month?
Fellows. The 20th of March.
Q. Then you had those Things about you.
Court. Tell us what Things you had.
Fellows. I had a Watch.
Q. What Pocket was your Watch in?
Fellows. In my Right-hand Pocket.
Q. What was it a Silver Watch?
Fellows. Yes, worth four Guineas.
Q. Had you any Shoes there and Shoebuckles ?
Q. And what were they worth?
Fellows. Sixpence. I had also two Handkerchiefs.
Q. What might they be worth?
Fellows. One Shilling.
Q. Where were they?
Fellows. One was about my Neck, the other in my Coat Pocket.
Q. Well; Had you any Money?
Fellows. Yes, ten Shilling in Silver in my Breeches Pocket.
Q. And did you lose these Things?
Fellows. I lost them all.
Q. How long was you in the House?
Fellows. About six or eight Hours. I was in the House about Twelve o'Clock at Night, and went away between Five and Six in the Morning.
Court. We suppose you went to bed there, Did you not ? Did you pull off your Cloaths?
Fellows. I did, Sir.
Q. When did you first miss your Things ?
Fellows. When I awaked, Sir.
Q. Did they take your Breeches ?
Fellows. No; they left my Breeches.
Q. Are you sure the Things were there when you went to bed.
Fellows. I am sure of that, Sir.
Q. Do you know any thing who had them?
Q. How do you know they had them?
Fellows. I know it, because they confess'd it the very same Day.
Q. Did they lie with you?
Q. Where did the other lie?
Fellows. The other lay in another Bed in the same Room: When I awaked they were both gone.
Q. When did you find either of them?
Fellows. The same Day, at the same House.
Q. Did you find any of the Things upon them?
Fellows. Yes, Sir, the two Handkerchiefs; they had them about each of their Necks, I am sure.
Q. Did you find any thing else, your Watch or Shoebuckles ?
Fellows. No, my Lord, I found nothing of them again.
Fellows. She confess'd she had the Watch.
Q. Did she confess how she had it?
Fellows. She did not give a particular Account how she took it.
Q. Did she co nfess she took any thing else ?
Anne Sparks say that she had any thing at all? but you say found one of the Handkerchiefs about her Neck; I don't find that she confess'd any thing to you.
Fellows. The Money they bought new Cloaths with.
Herridge. I went with Mr. Fellows to see if I could find these Women; I happen'd to find them at the House of Mr. Tomson's; there Sarah Hobbs was in the House, and she acknowledg'd she had the Handkerchief, and took the Watch, and said they had ten Shillings: And as for the Buckles, they gave them to a Soldier.
Herridge. I did not hear her say any Thing, but she had one of the Handkerchiefs about her Neck.
Q. What do you know about the other Woman?
Q. Did she confess her taking it?
Herridge. She said she did not commit any Robbery, for she was not there; but for a couple of Guineas she could help him to the Watch again.
Court. So you know nothing of her, only that she said she could help him to the Watch again.
Court. You live there, don't you?
Court. Then Sarah Hobbs he brought in as his Wife.
Scott. Yes, Sir, he paid 8 d. for his Bed.
Q. Do you know any thing of their taking these Things?
Scott. Sir, at Three o'Clock in the Morning they went to bed, as Man and Wife: She (my Sister) lets Lodgings there. The young Woman went up at Three o'Clock in the Morning, and she took away his Shoes, Watch and Money; she own'd, when she was took the next Day, the taking the said Things. She hit Anne Sparks a Slap on the Face, for not taking away his Breeches, and said, Why did you not take away his Plate-button'd Coat and Breeches. Anne Sparks is a very innocent Creature, I believe, and 'tis pity she should suffer. Sarah Hobbs own'd the Shoes were pawn'd in Shoreditch for a Shilling.
Q. Did she own she took any thing away?
Prisoner. I don't know any thing of her?
Q. Have you any Witnesses ?
Q. What Character has she?
Betts. She was brought up in a very sober Way, and I never heard of any Thing against her before. She us'd to Wash and Scour, and go out to Harvest work in the Country. She is a Widow.
Court. You never heard an ill Character of her before.
Betts. No, my Lord.
Betts. I have seen her.
Betts. No farther than seeing of her.
182, 183. Judith Eddison and Christian How were indicted (the first as a Principal and the other as an Accessary) for assaulting Lewis Brown , putting him in fear of his Life, and stealing from him a Hat, Value 7 s. and a Peruke Value 20 s. on the 24th of February .
Q. At what Time?
Brown. It was about Nine o'Clock at Night.
Q. Which Night ?
Brown. On Monday Night, the 24th of February.
Q. Where was you going?
Brown. Across Goodman's-Yard, in the Parish of Whitechapel.
Q. Did any Body come up to you?
Brown. No, my Lord.
Q. What had you taken from you ?
Brown. My Hat and Wig.
Brown. Yes; and I was looking for my Hat and Wig that had been taken off my Head.
Q. Could you tell what you was knock'd down with; whether a Fist or Stick?
Brown. I cannot tell; it was so dark I could not see any Body.
Q. Could you tell whether there was one or two People about you; or whether they were Men or Women's Voices?
Brown. There were several about me, but I could not tell who went away with my Wig.
Q. Did you ever find your Hat?
Brown. I never found my Hat; I found my Wig.
Q. Of what Value was your Hat?
Brown. Seven Shillings and Six-pence it cost; I had it about a Week.
Q. What was your Wig worth?
Brown. It cost me a Guinea, and that was the second Time of wearing.
Q. Where did you find your Wig?
Q. How long afterwards?
Brown. The 10th of March.
Q. Where is the Wig? Have you got it again?
Brown. Yes, my Lord.
Q. Do you know how it came at Grenow's.
Brown. I know only as they told me.
Q. To you she confess'd it?
Q. How did she come by it? Did she tell you she took it away; or did any body else give it to her to sell?
Brown. She did not tell me any thing of that.
Brown. Yes, my Lord, she liv'd in Moses and Aaron Alley in Whitechapel.
Q. What does she keep a Shop there?
Brown. I was not in the House, my Lord, I sent for her to an Alehouse and she came to me.
Q. And what did she say?
Brown. When she came she said she had bought these Things for three Shillings and a Dram; and I ask'd her if she would let me have them again for three Shillings and a Dram; but she afterwards deny'd that she had any such Things.
Q. Had you the Wig of Grenow the 10th of March.
Grenow. It was brought to me to buckle, all over dirty; the Prisoner, How, brought it to me on the 25th of February.
Q. How came you to keep it in your Shop 'till the 25th of March? Did she tell you how she came by it?
Grenow. She said she had bought it of a Girl that pick'd up Rags.
Daniel. Her Husband is a Drover; she has a good Character, to the best of my Knowledge; I never heard any Harm of her.
Painter. Ten or twelve Years; I never knew any thing but what was very honest by her. Both acquitted .
Richard Martin . My Lord, I was walking from the Post-House, between Swithin's-Lane and Sherborn-Lane; the Prisoner at the Bar twich'd the Hat off my Head, and between Sherborn-Lane and Cannon-Street he was taken.
Q. Did you come up to him when he was taken?
Martin. I cry'd out Stop Thief, and he (the Prisoner) cry'd out Stop Thief too.
Starky. I was coming up Cannon-Street about three Quarters after Nine; upon that I heard the Cry of Stop Thief; I had not walk'd above twenty Yards before I saw the Prisoner run and cry'd Stop Thief himself, and I laid hold of him; he said he was robb'd and the Thief was gone before; but I held him, though he endeavour'd to get away, 'till Mr. Martin came up, who took the Hat out of his Hand.
Q. Then this is all you know?
Court. Sir, you are a very kind Prosecutor to lay this Hat at 10 d.
Prisoner. I am an Apprentice .
185. James Willix was indicted for that he, not having the Fear of God before his Eyes, and being mov'd by the Instigation of the Devil, did feloniously and wilfully, with Malice aforethought, make an Assault on Alice Willix , otherwise Green-field , by striking her down to the Ground, beating and kicking her on the Stomach, Breast and Head, whereby she receiv'd such mortal Wounds and Bruises that she died on the 17th of March.
Q. In what Condition was she?
Grant. She was very well, she eat her Supper with me and went home.
Q. Did Willix live with her?
Grant. Yes. The Deceas'd sent her Child to me, between Eleven and Twelve o'Clock on Saturday Night, desiring I would come to her.
Q. Did you go to her?
Grant. I went on Sunday, about Nine o'Clock.
Q. What then? Where did you find her?
Q. How had he given her her Death.
Grant. By striking her over her Breast.
Q. With what?
Grant. She did not say with what.
Q. What more did she say?
Grant. Nothing more, my Lord.
Q. Did you see her afterwards?
Q. About what Time?
Grant. About Twelve o'Clock at Noon.
Q. Where was she then?
Grant. In Bed.
Q. What did she say then?
Grant. She said she was a dying: That was all that she said unto me.
Gill. I know very little of the Man; I knew the Woman very well: I was a washing there on Saturday.
Q. This Man liv'd with her, did he not?
Gill. Yes, Sir.
Q. Do you know she was his Wife?
Gill. She said she was married to Mr. Willix.
Q. What was she doing? Did she complain of any Thing then?
Gill. No, my Lord.
Q. When did you see her again?
Gill. She came to me on Sunday, to Drury-Lane.
Q. How far did she come?
Gill. From Short's-Gardens.
Q. How far is that?
Gill. A little Way. She desir'd me to go and light a Fire for her; she said she was very bad; she said how he had beat her over Night; she put her Hand to her Breast and said he had given her her Death.
Q. Did she name any Body ?
Gill. She said she would get something for his Dinner.
Q. When did you see her again?
Gill. I did not see her 'till Monday, about a Quarter of an Hour before she departed.
Q. What did she say then to you?
Gill. Sir, she could not speak. She was a dying; she did not know me.
Q. Did either of you ever see him beat her?
Gill. I did not.
Matthew Bentley . I have heard him beat her several Times, but I never saw him. On Thursday Night before she died she was beat, and I was frightned out of my Wits; but I never saw him beat her. On Friday and Saturday in the Afternoon I heard him, but I never saw him.
Q. Was Saturday Night the last Time she was beat ? Did you hear him beat her?
Grant. I saw her on Sunday Morning; she said she was very ill: Then the Prisoner call'd me up to her, and said she was very bad; He could not 'tell what to do with her either on Sunday or Monday.
Q. Did she say any Thing to you?
Grant. No, my Lord.
Williams. She came to my Room on Sunday Morning. I live facing, on the other Side of the Way.
Q. She came to you on Sunday Morning; what did she say to you?
Williams. She came to buy some Greens and Turnips, and she said she was very bad beat; and could not tell how to walk: She said her Husband had beat her on Saturday Night; she said she
Q. Did you see her before she died?
Williams. When I came she was speechless, gave one Sigh afterwards, and that was all.
Prisoner. I never lifted up my Hand against her; I never lifted up my Finger to the Woman.
Jones. A great while, he is a Drum Major.
Q. What Character has he?
Jones. He bears a very good Character: And has, during the Time he has been in the Regiment.
Q. Did he seem to be a quarrelsome Man; or a good condition'd Man?
Jones. A good condition'd Man.
Aspell. These ten Years. And the Man always behav'd very well, I never heard any Thing amiss in his Behaviour. Acquitted .
Torn. Yes. It was my Money that was lost.
Q. How much?
Torn. Six Guineas in Gold, and one Shilling in Silver.
Q. Do you know any Thing of the Woman, Carlow?
Torn. Yes, my Lord. I know her to receive the Money, knowing it to be stolen.
Torn. She said she had not Time to count them, for they were tied up in a white Cloth.
Q. How came she to let you see her?
Torn. In a very short Moment she fastned the Door.
Torn. She told her it was a Soldier's Money that she had just receiv'd.
Q. What did she bid her do with it? What became of the Money? Had you it again?
Torn. No, my Lord. She said there was like to be Words about it.
Q. What did this Woman do with it? What did you see her do?
Torn. She took it into her Hand; she put it into her Pocket, or under her Cloaths; and desir'd the other Person to keep out of the Way.
Q. Did you ever demand the Money of this Woman ?
Torn. Yes. That very Night, but she denied she had it.
Q. Who took the Money from you?
Q. Did not Elizabeth Read take it from you?
Q. Have you any other Evidence?
Torn. I have another Evidence. But they got a Warrant against him. He was taken a Prisoner upon some Judge's Warrant. He was here the last Sessions. Acquitted .
187. Francis Archangel Monford , of the Parish of St. James's , was indicted as a Popish Priest and an avow'd Enemy to the Establishment of this Kingdom, who intended to divert and draw away his Majesty's Subjects, having, on the 28th of November last, in the Hearing of divers Subjects of our Soverign Lord the King, unlawfully, and in an open, publick, audacious Manner, exercised part of the Office and Function of a Popish Priest, by celebrating Mass after the Manner of the Church of Rome, whhich is against the Peace of our Sovereign Lord the King, and against the Form of the Statute in that Case made and provided .
Council. May it please your Lordship, and you Gentlemen of the Jury, I am Council in this Prosecution against the Defendant, who is now in Judgment before you for an Offence, we apprehend, he has has been guilty of against an Act of Parliament made in the Time of King William the Third for preventing the Growth of Popery: 'Tis not a Spirit of Persecution, but Self-preservation, that makes us enforce that Law at this time of Day. If our Ancestors thought it necessary, at that Time, to put a further Restriction upon the Attempts of designing artful Men, who endeavour to seduce and inveigle People away from the Religion in which they were brought up, I believe it will be the JudgmentFrancis Monford , otherwise Archangel Monford, exercised his Office at a Place in Warwick-Street, where a Multitude of People assembled together; among the rest several Procestants: This we shall shew, by the Witnesses who are present, that he did actually do, in the very same Form and Manner, and according to the Usage of the Church of Rome; therefore those that were concern'd at the Sight thought proper to make a Discovery of it. If he has no Authority or Qualification within the Letter of the Law, we shall prove, with Submission to the Court, that he is culpable by the Act of Parliament before mention'd. My Lord, I shall now call Patrick Slowman to prove that the Defendant is guilty.
Slowman. A Protestant.
Q. What Countryman are you?
Slowman. An Irishman.
Q. Do you know the Defendant.
Slowman. On the Evening of the Day that the Defendant at the Bar was taken I was going home, there was a Crowd at Sir Thomas De Veil 's: The Evening of the Day I cannot tell, Sir Thomas has got it, I think he declar'd it was the 12th of December. I saw the Prisoner at the Bar; I myself was not any way concern'd.
Q. Did you know him before?
Slowman. Yes, my Lord.
Q. Do you know that he is a Popish Priest? You are to answer the Questions that the Council or I ask you; I desire to know whether you have any reason to think this Man is a Popish Priest?
Slowman. My Lord, I believe that he is so. My Lord, about five or six Weeks before last Christmas I was, with some Friends I met, at the Portuguese Chapel in Warwick-Street, and I saw Mr. Monford there; three of them were dress'd all alike, and three Boys dress'd in a different Manner.
Q. Do you know what the Dress of a Popish Priest is?
Q. Do you any otherwise know that he is a Priest than by your seeing him in the Portuguese Chapel ?
Court to the Council. Gentlemen, you must prove that he is a Popish Priest; the Witness says he only saw him in the Popish Chapel; by the same reason it may be said this Gentleman is so himself.
Council. I know but little of it, neither do I desire to know it: This Gentleman, the Witness, has expresly swore that he heard him say Mass several Times.
Sir Thomas De Veil to the Witness. Sir, I read this Information with as much Circumspection as I could; you did swear to me that this Gentleman did say Mass several Times; that you knew the Place of his Birth, and that he was a Subject of Great Britain; upon which I committed him.
Q. How long have you known him ?
Slowman. I have known him two or three Years.
Council. Therefore I ask you once more whether you have any reason to believe he is a Popish Priest, any otherwise than that you saw him at the Popish Chapel? Did you hear him say any thing or not?
Slowman. I did not.
Q. Do you know the Dress of a Popish Priest?
Slowman. I do not.
Kettle. I am a Protestant.
Q. Do you know the Defendant at the Bar.
Kettle. Yes, for two Years past.
Q. Do you know what is his Profession?
Kettle. I went the Saturday before Easter Sunday to the Romish Chapel in Warwick-Street, and I saw the Defendant there in a white Surplice, cross'd down the Back.
Q. Did he read any thing?
Kettle. Yes, he had a Book in his Hand; I could not hear what he read. There was a great Congregation of People.
Q. Do you know any thing else of his being a Popish Priest? Was there any distributing of Bread and Wine?
Kettle. No. But I was there last Christmas was twelve Month; I saw him then sipping out of Cup; and he read something afterwards.
Q. Did he administer it to any Body else?
Kettle. No. They never do.
Q. Can you tell in what Language it was he read?
Q. In what Posture was he when he had the Cup; was he standing up by the Communion-Table; was any of the Congregation near him?
Kettle. Some of them were down upon their Knees; and he took the Cup and held it up as high as his Head.
Hibbs. I was at the taking of him.
Q. Do you know what is his Business?
Hibbs. He is a computed Priest.
Court. You mean a reputed Priest.
Q. What Reason have you to say that he is a reputed Priest?
Council. According to this, then every Man that visits a Lady that is a Protestant, is a Protestant.
Q. Did you ever see him officiate as a Popish Priest? Did you ever hear him confess any Thing?
Q. Had you any Goods stole out of your House?
Pile. No, Please your Honour.
Q. Did you lose any Goods?
Pile. My Husband and my little Boy sell Stockings, Handkerchiefs and Caps; and he takes a Licence and walks abroad. This Woman, the Prisoner, she comes to my Door to beg a little Small Beer; I said I had none, my Children must drink Water; the Door was a-jar, open, and she came in; give me a little Water, says she, I am troubled with the Heart-Burn, it may do me good; says she to me, you are born to vast good Fortune, let me see your Hand. Said I, are you a Fortune Reader? She reply'd, I know, and by God's Assistance to help me, that where you are worth a Penny you shall be worth a Pound: Did you never hear of hidden Treasure in this House: There is hid a great deal of Money, and by God's Assistance and my Help you shall enjoy much of this: She told me she desir'd but so much in the Pound. But don't you deal with the Devil, I said: Says she you must pull your Rings off; said I, I have been a Wife these 18 Years, and have had eight Children, and have never pull'd them off. Says she, there is Gold and Silver hid in this House, there is 400 l. of King William's Gold hid in this Place ever since King William's Time, and shall be your's within an Hour, if you will follow my Directions; and where you are worth a Penny you shall be worth a Pound. I trembled and shook, I said, sure the Woman deals with the Devil, I said, do you? No, said the Prisoner; but only cast a Figure. All the Gold and Silver (says she) you have in the House, you must bring to me: She said, God must be her Saviour, and I should have it; And I was in such a Condition, in a Trance, or some such Thing.
Q. Did you pull off your Rings?
Pile. Yes. And they were put into a Paper, and she said, as God should be her Judge she would have but 12 d. to the Pound; she put my Rings and Spoon, as I thought, in my Bosom, but I could not find them any more.
Q. Did you think you had them in your Bosom?
Pile. Please you my Lord, she put me into such a Condition, that I thought I should have died.
Q. Where were the Rings and the Tea Spoon?
Pile. In the Paper.
Q. Did she put them into your Bosom?
Pile. I thought she did, but I never had them in my Bosom, tho' I thought I had: So she went out, and was to bring this Money to me in a Quarter of an Hour; but she did not return again; and I could not find her 'till Monday. I went into Whitchapel, there I found her, and she run away from me a Mile or two before we took her.
[Prisoner's Defence] Please you my Lord, I never saw the Gentlewoman before Monday in the whole Course of my Life. I am unprovided, my Witnesses were here, but they are gone.
Guilty 39 s.
Sarah Hayes being big with a certain Female Child, by the Providence of God; did cast this Child into a Privy, whereby it was suffocated , the 26th of February .
Troughton. Please you, my Lord, she came out of Service to my House for a Lodging, 'till she got into Place: She was about a Fortnight and two Days at my House before she was brought to Bed. Sir, the young Woman in the House happen'd to go up to her Room to put a larger Bed there in order that she might lie with her; but taking the Bed off the Bedstead they call'd me up, and we saw a Child had been born. The Prisoner said there had not; but I said I was sure there had: She said she was about six Months gone with Child, and had miscarry'd; that she had left the Child in a Place where she could have it again; and afterwards, that she had dropp'd it in Lincoln's-Inn-Fields; but upon Enquiry there was no such Thing. Her Mistress and I went to the Compter.
Q. Who is her Mistress?
Troughton. Mrs. Moseley. She told her Mistress, after some time, that she had thrown the Child down the Vault in Woodstreet-Compter.
Q. Did you see the Child?
Troughton. I saw it after it was taken out of the Vault, but never before. She carried it out of my House in a Handkerchief.
Q. Did you perceive that she was with Child?
Troughton. She always had her Apron tuck'd up that I never minded it.
Q. When was it that you perceiv'd it?
Troughton. On Friday between Ten and Eleven o'Clock.
Q. How did the Woman appear?
Troughton. As well and as hearty as she was before.
Q. How long did you look upon it she was deliver'd?
Troughton. She was deliver'd between Two and Three o'Clock on Wednesday Morning.
Q. How do you know she was deliver'd on Wednesday Morning?
Troughton. She said so herself.
Q. Had she kept House from that Time to Friday?
Troughton. No, my Lord; she went out on Wednesday Morning about Eight o'Clock.
Q. Did she keep out all Day?
Troughton. 'Till about Eight o'Clock at Night.
Q. Did you lodge near to her ?
Troughton. She could not go to her Bed without going thro' my Kitchen, and she went out on Thursday Morning as usual.
Q. And did she go out on Friday Morning?
Troughton. Yes, and back again at Night.
Q. Did any body go up in her Room on Friday Night?
Troughton. The young Woman took her Bed off from her Bedstead, to put a bigger Bed on to lie with her, or we should not have found it.
Q. Did you use to let this Woman out of a Morning? Did she use to carry out something?
Troughton. I saw her carry out something on Wednesday Morning in a Handkerchief, that look'd very full; but I had no Suspicion of any thing.
Q. Did there appear any Provision she had made for the Child? Any Childbed Linnen?
Troughton. No, my Lord; but she said she had some a making.
Q. Are you a married Woman?
Troughton. Yes, my Lord.
Q. So you never had a Suspicion of this Thing 'till Friday?
Q. Did you never keep her Company, nor converse with her?
Troughton. But little; she generally had her Apron tuck'd up, that I never minded her.
Court. So you say this Child was taken out of the Compter Vault.
Troughton. Yes, my Lord.
Q. Did you observe any Marks of Violence upon the Child?
Troughton. I can't say that I could. The Rats had eaten one of the Arms and Hands, and one of the Arms was left whole.
Prichard. Please you, my Lord, I know no more of it, than that I lay in the next Room to hers that Night, and the Night following she was to lie along with this Woman; and when they went to make her Bed, this Woman call'd to me, and shew'd me the Things that I thought was usual on those Occasions; upon which I went down to call my Landlady: When she came up Stairs, she said there had been a Child born.
Q. What Things?
Prichard. I don't know, Sir; Things as usual at such Times. When the Prisoner came up there was Company in the House, and she tax'd her with having a Child. She said, there was no such Thing. The Landlady said, as sure as ever she had a Child
Q. Was you in the House during the whole Time of the Prisoner's being there?
Prichard. Yes, the whole Time, I believe. She was about a Fortnight.
Moseley. The Prisoner was my Servant, my Lord; she lived about 14 Months with me, my Lord; I perceived she was with Child, and I turn'd her away upon the same Occasion.
Q. When did you turn her away?
Moseley. About a Fortnight before she was brought to-bed.
Q. Is that all you have to say?
Moseley. I went to see her at the Compter. I asked her what she had done with the Child; she said it was in Lincoln's-Inn-Fields; but I told her it was a Story, and she should tell me; then she took hold of my Cloaths, and said it was here: I ask'd where; she pointed to the Vault, and it was taken out.
Q. Had it any Marks of Violence?
Moseley. The Arm and Leg, and the bottom Part was knowed with Rats, and sadly mortify'd, that we could not tell what it was; but as she said herself that it was a Girl, for no-body could tell what it was.
Q. Have you any Thing further ?
Moseley. No, my Lord.
Jane. I live just by the Compter. The Church-warden and the rest of the Gentlemen were pleas'd to send for me, and when I came, there was a little Bandbox stood upon the Table, and the Coroner swore me; they took off the Lid of the Box, and it was such a shocking Sight, that it almost took away my Senses: After I was recover'd, I examined it as well as I could, but it seemed to be so knawed and destroyed by Vermin, that it was not to be discerned. Whether it was Male or Female, I don't know, but she said it was a Female Child.
Q. Was the Child you saw in the Bandbox, the same that was taken out of the Vault? Did this appear to be a full-grown Child?
Jane. I cannot tell, my Lord.
Q. What is your Opinion?
Jane. I really can't say, my Lord, whether it was or was not; if it was not at its Time, I believe it must be very near, it was wasted, there was but one Hand left.
Q. Was there Nails upon the Hand?
Jane. Small Nails, my Lord.
Q. Was there any Hair?
Jane. No, my Lord, I did not apprehend any Thing of that; but I was so shocked with the Sight of it, that I was almost dead.
Q. Who carried the Woman to the Compter?
Jane. She used to go to a Man that she had lived with, and had three or four-Children by.
Levi. She was committed by my Lord Mayor to our Place.
Q. Did she use to come there before?
Levi. Yes, my Lord, she came to a Man that she pretended was her Brother; but I find it was a Man that she had lived with before, and had some Children by him.
Court. She called this Man her Brother, did she? Do you know any Thing to the contrary that he was not her Brother?
Levi. I believe he was not; the Prisoner confessed that she had thrown the Child into the Vault, and she brought it there in a Handkerchief.
Q. Did she tell you whether the Child was alive when she threw it in?
Levi. No, my Lord, for I did not ask her that Question.
Q. Did it appear to you to be a full-grown Child?
Levi. I can't say, my Lord, I have very little Judgment in it.
Court. (to the Prisoner.) Now is your Time to make your Defence: You hear what has been sworn against you, that you threw a Child into the Vault in the Compter, and you confessed it.
Prisoner. Please you, my Lord, I was brought to-bed half an Hour after Two o'Clock on Wednesday Morning; I went out about Nine in the Morning,
Q. How came you not to give some Notice ?
Prisoner. Please you, my Lord, I was a Servant, and would not disgrace myself: I was making Prepara tions for it: I did it to hide Shame, and to be sure I got more. I got a Hurt on Saturday as I was Washing, and the Child was dead-born, it was never born alive.
Q. Have you any to prove that you got any Hurt?
Prisoner. No, I never spoke of it to any Body. I had made some Preparations, but the Woman that made them for me is now sick a-bed, and sent them to me Yesterday.
Q. How did you get this Hurt?
Prisoner. Please you, my Lord, I was hanging up of Cloaths, and the Stool I stood upon, slipt from under me, and I had my Arms up, and I fell down on Saturday in the Afternoon.
Q. Where was you washing?
Prisoner. I was washing in the Compter, please you my Lord; I used to go there every Day.
Pritchard. No, I never heard any Cry, nor my Sister did not hear any Thing of it. Acquitted .
191. Jane Wilson was indicted for that not having the Fear of God before her Eyes, but stirred and moved by the Instigation of the Devil, falsly, deceirfully, and feloniously, to deceive and defraud, on the 27th Day of March , 20 Pieces of false, forged, counterfeit Money and Coin, to the Likeness and Similitude of lawful and current Money, called Shillings, did coin and utter, against the Duty of her Allegiance, and against the Form and Statute in that Case made and provided .
Jones. Fifteen Years.
Q. Pray, during that Time, what Way of Livelihood has she followed?
Jones. At first she lived in a pretty Way. About ten Years we have been abroad together, and gone out together in this Affair, in making of Money.
Q. Have you known her coin Money at any Time? What Fact have you known her guilty of, in respect of making of Money together. [Some Money was produced ]
Jones. These same Pieces of Money viewed by the Justice, Mr. Withers, she and I made.
Council. You must not talk of She's, there's five thousand of them.
Q. Did the Prisoner make these twelve Shillings?
Jones. I can't say but I did help her?
Q. Let us see what Part she did, and what Part you did, in making these Pieces. Who made the Mould of the Plaister of Paris ?
Jones. I made the Impression by a good Shilling. The Prisoner held the Mould while I pour'd in the Metal.
Q. What is the next Step to making them?
Jones. She and I put them out, and I not being well that Night, when I went to Bed I desir'd her to get them ready, and she scour'd them and went down with one of the said Shillings.
Q. You say, she held the Mould made of Plaister of Paris, while you took the Impression off the good Shilling. Who cast them in the Mould?
Jones. She and I together.
Q. When was it that you did cast them?
Jones. In the Morning, at Four o'Clock, Sir: We were both concern'd together; I held the Moulds, and she pour'd the Metal in.
Q. Can you say that these twelve Pieces you produced, were produced by the Metal she pour'd into the Mould.
Q. How do you know?
Jones. These Pieces were ne'er out of my Custody before I gave them to the Justice; they were not, upon my Word and Honour.
Q. Who fil'd these twelve? How came you by them?
Jones. Sir, she was with me; we were both together when they were made.
Q. Who scour'd them?
Jones. The Prisoner at the Bar.
Q. After you had scour'd and finish'd them, what did you do with them?
Jones. She and I used to go out together; she used always to take a Hand-Basket, and I used to go along with her: Sometimes she used to go to Market, and sometimes I. When I came to her, I used to give her the Change.
Q. When you had put it off, what did you do then?
Jones. Why then, Sir, I used to give her the Change; then I took another Shilling to put off.
Jones. Ten Years we have gone out together in this Way.
Q. Who was it that you discover'd this iniquitous Practice to?
Jones. I was very uneasy about it; for sometimes she would get drunk, and then she would threaten me. I first sent to the Gentleman, Mr. Buckman, within these three Weeks, and I said, I am very uneasy now my Children are grown out of the Way; and I am frighten'd and threaten'd by a Person what she will do; and I will now leave it off.
Q. Pray what Impression had the Moulds?
Jones. King William the Third.
Prisoner. No, my Lord.
Buckman. My Lord, I never saw her in my Life, 'till this Affair was discover'd. The Evidence, Mrs. Jones, sent for me: When I came she said, I am something concern'd I did not send to you before; I have sent for you for something besides the Coat. When she sent to me she was very sober, and under a great Concern; and I was very sober myself. She said, I do assure you, Mr. Buckingham, I have something upon my Spirits that concerns me; I am determin'd to make myself a voluntary Evidence. An Evidence, In what? I said. Says she, I have been concern'd in Coining, and putting off bad Money. I said I would go and speak to a Person that I knew, who was one Vernon.
Q. Who is Vernon?
Buckman. He is an Officer belonging to the Marshalsea Court.
Q. What are you?
Buckman. I am a Taylor.
Q. So when you came to her about the Coat, she mention'd something to you about Coining, did she?
Buckman. Yes; and she nam'd one Wilson.
Court. You said you would send or go to one Vernon, Did you meet with him?
Buckman. I brought him along with me.
Q. Then what past in the Presence of Vernon, you and her, altogether?
Buckman. She said, To be sure I am guilty of a very heinous Crime; I'll make myself a voluntary Evidence: I have two Children, and I am willing to discover the Thing. Said Mr. Vernon, Where does this Woman live ? So she sent her little Boy with us to the House where the Prisoner was; the Boy pointed to an elderly Woman, and the poor Woman fell a crying. I said to Mr. Vernon, this poor Creature looks like an innocent Person. The other Woman facing the Chimney-Corner seem'd to be sideling to get away; I said, I fansy that Woman must be the guilty Person; send for Mrs. Jones, to see if this is not the Woman. When Mrs. Jones came, she declar'd that was the Woman.
Buckman. Yes, a Name; but I can't remember the Name. She said she was concern'd with such a Woman, living at a Silver-spinner's.
Prisoner. I never saw him in my Life.
Vernon. I was drinking a Pint of Beer in Whitecross-Street; Buckman, the other Witness, came to me, and ask'd me to go with him, to be concern'd in taking a Coiner: I went up along with him to this Woman's, the Witness. When I came up she seem'd to be afraid, and said, I have been concern'd in Coining, but am willing to leave that Trade off. Said I, How many is concern'd with you? she said but one; which is the Prisoner at the Bar. Her Boy went along with me to shew me the House; but when I came in I made a little Mistake; I said, Madam, you must go along with me; you have been concern'd in Coining of Money. The Woman fell a crying; I saw the Prisoner at the Bar make a sideling about; I said, Don't you run away, for I fansy you are the Woman. So when Mrs. Jones came up, she said, that was the Woman.
Q. As you was going before the Justice, had you any Talk with her?
Vernon. I cannot say I was very curious to have much Conversation with her; but I said to her, that Coining was a very bad Trade; you have coin'd yourself in Rags. Said she, I wish I had been a little sooner, I would have turn'd Evidence: I wish I had been an Evidence myself; but now 'tis too late.
Evans. Fourteen or fifteen Years; she shew'd me a Pair of Moulds about six Weeks ago.
Q. Where did she come to you ?
Susannah Jones 's.
Q. Did you look at them?
Evans. She open'd them in her Hand, and there was King Williams's Head on one Side, and cross Bars, like ours; she said, that Mrs. Jones did this Sort of Business.
Q. Did she say that she did any Thing to ?
Q. Where was it she shew'd it to you?
Evans. At my own Room.
Prisoner. May I speak to Mrs. Evans. Mrs. Evans, Have you not known me ever since the Death of old King George?
Evans. Yes; and I never knew any Harm of you in my Life. When first I knew her she kept a School at Hoxton; I never knew an ill Character of her. She went to Service and Charing, and did little Matters for me.
Prisoner. And you know I have lodg'd with you two or three Years together.
Evans. She never lodg'd so long together.
Q. Did you know this Mrs. Jones?
Evans. The Prisoner told me she liv'd with this Mrs. Jones as a Servant.
Holster. My Business is to make the Plaister of Paris.
Q. Do you know the Prisoner?
Holster. I don't know but she may have been at my House, but I can't very well tell.
Court. Go close to her, look at her; Do you know her or not ?
Holster. I cannot say I do know her positively.
Matthew Solam . My Lord, I was charg'd by the Constable to aid and assist him to carry the Prisoner to New Prison. She said this wicked Woman has sworn that I coin'd with her ten or twelve Years, when I have never been concern'd in making Money for above three Months past. I hope, when Mr. North comes I shall be admitted an Evidence; because he has been try'd at Kingston upon such an Affair before; for Jones had said, For God's sake, if you inform against me, you will ruin me for ever. Further, the Prisoner said she was concern'd in putting them off, but had not coin'd with her above three Months.
Brown. Three Months and better.
Q. What is her Character ?
Brown. I have heard a good Character of her; that she always has been a Working Woman.
Walton. About ten Years; and she is an industrious laborious Creature, and always poor.
Q. Was she idle or willing to work?
Walton. Willing to work; when she was sick I have beg'd many a Shilling of her Relations for her.
Brown. Three Months; while she was with me she behav'd in a very handsome Manner.
Q. How came she to go from you to Mrs. Jones ?
Brown. Mrs. Jones came and took her in our House; she said she could not rest nor sleep while she was with her, and said I am glad I am away from her. The Evidence, Jones, swore one Time, that she would swear through a Deal Board to be reveng'd of her; she swore this in my Mother-in-Law's House.
Brown. Yes, I did, at White-Horse-Court in Whitecross-street.
Brown. This Susannah Jones took Lodgings in my House: The first Night she came she made abundance of Confusion in my Room. The next Morning I went up Stairs; I said, Mrs. Jones, I desire you would quit my Room. She answer'd me, No, d - n you, I'll stay the Week. I often heard knocking and Confusion, and a Pack of Black-guards coming after her; with that I got shut of her. When she left her Room I went to clean it, and found some Metal among the Ashes.
Q. Can you say any Thing of the Prisoner?
Brown. I believe she is a very honest Woman, I have known her not above a Fortnight; but I know nothing of Wilson but Honesty.
Upon the summing up of the Evidence, his Lordship, among other Things, thus expressed himself: There are two Things very plain, that Susannah Jones , the Witness, is an exceeding wicked Woman; that she hath been concerned in this Thing for aSusannah Jones might have been prosecuted, and this poor Woman made an Evidence, &c.
Bayl. The Prisoner used to be in my Yard pretty much; in Bond's Stables one of the Lord Mayor's Coaches stands there.
Q. Do you know any Thing of a Seat Cloth lost there, belonging to the Coach.
Bayl. We never discover'd it 'till the 5th of March; it might have been lost the 2d of March: We lost Sir Thomas Bull 's Man's Coat the 7th of March. The Prisoner was taken up, and he confessed he stole them, and had us to the Place where they were.
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death 1.
Receiv'd Sentence of Transportation for 7 Years, 35.
Anne Murphy 188
Elizabeth Edwards 189
William Hopwood 192
Eleanor Bennett 164
To be Transported for 14 Years, 3.
To be Whipp'd 4.
Burnt in the Hand, 2.
The Rebel Prisoners taken at Carlisle, and committed for High Treason, were order'd to remain.