Held at Justice-Hall in the Old Baily, On THURSDAY the 15th, FRIDAY the 16th, and SATURDAY the 17th of May.
In the 19th Year of his MAJESTY'S Reign.
BEING THE Fifth 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, Mr. Justice WRIGHT, Mr. Justice ABNEY, Mr. Baron CLARK , JOHN STRACEY , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex.
Q. What do you say to her stealing these Things? Why do you charge her?
Price. She own'd them at a Neighbour's House.
Q. Where are the Stockings?
Price. They are here, Sir.
Court. Look at those Stockings. What are they?
Price. They are pink-colour'd Worsted Stockings; the Worsted the other Evidence has.
Q. Did you ever see these Stockings and Worsted in the Possession of the Prisoner?
Price. No, my Lord; but I had a Suspicion of her. She came in the Morning to pay my Wife a Farthing that she ow'd her: My Wife was not come down Stairs; I was below Stairs, and I suppose she took the Stockings then; the Worsted was taken the Day before; but the Evidence knows when she brought them. After I found the Handkerchiefs, I found the Stockings, at a Pawnbroker's in Marybon-Street.
Court. Are you sure these were the Stockings that were found at Parry's the Pawnbroker's?
Price. Yes, my Lord; these were at Parry's.
Q. What is your Business?
Price. A Hosier, my Lord, and Haberdasher.
Parry. She lodg'd Things at our House three or four Times. She brought these Stockings to me on the 8th of March.
Court. You will swear these are the Stockings?
Parry. Yes, my Lord; I had them in my Possession from that Time to this.
Q. What did you lend upon these Stockings?
Parry. Eighteen-Pence. My Neighbour came to ask me if I had seen a Pair of Stockings; I shew'd them to him, and the Prisoner own'd it.
The Prisoner had little or nothing to say for herself, but that she never did any such Thing before.
Guilty 10 d.
Hide. I have lost some Sacking out of Brook's-Wharf.
Q. Is that your Sacking that you now produce?
Hide. Yes, Sir.
Q. When did you lose it?
Hide. I think the 2d of May.
Q. What have you to say to the Prisoner?
Hide. The Gentleman to whom he sold it is in Court.
Q. What do you know it by?
Hide. By the Make and Mark of it.
Prisoner. Please you, my Lord, I don't know that ever I saw him above once before.
Corderoy. Three Months. He brought me this Piece of Sacking, and I told him I believ'd he did not come honestly by it, and I stopt him.
Court. I think you did very right.
Q. Are you positive that is the Man that brought you that Sacking?
James Skinner . The Prisoner at the Bar brought this Sacking first to me; he offer'd it to my Wife, when I was at the other Witness's; I told him he could not come honestly by it, for to ask five Shillings for what, as I told him, was worth fourteen Shillings.
196. James Carter was a second Time indicted for privately stealing out of the Warehouse of John Hide , 216 Yards of Cloth, Value 5 l. 8 s. and Valentine Carlisle for receiving the same, knowing it to be stolen .
Q. What Quantity?
Hide. I don't know the Quantity. Here are nine Pieces found at London-Bridge; I believe I have lost a hundred Pieces. This Gentleman, Mr. Corderoy, stopt these.
Q. What Quantity did you miss?
Hide. I did not miss it 'till the 6th of May.
Q. What Quantity did you miss then?
Hide. I believe by the Bulk of them in the Place, for there were two thousand, I believe there are near one hundred Pieces gone.
Q. Do you know what is become of them?
Hide. I don't know what is become of them at all; but as I met with these nine which I had from Mr. Corderoy.
Q. What you charge the Prisoner with are here.
Hide. Yes, there are two of them.
Court. You found the nine Pieces in Mr. Corderoy's Possession?
Hide. Yes, Sir; these are the Cloths produced in Court.
Court. Then these two Pieces are yours.
Hide. Yes, Sir.
Q. How many Yards are there in these two Pieces?
Hide. There should be twenty-four Yards in each Piece.
Q. What is the Value of them?
Hide. They are worth about fourteen Shillings a Piece, but they are valued at twelve in the Indictment.
Q. Do you know how you lost them?
Hide. I have seen them since they stood in the Warehouse, and there are little Wooden Bars, so they have put a Stick in and book'd them out as you would a Handkerchief.
Q. Where is your Warehouse?
Hide. At Brook's-Wharf.
Q. Are you sure that you lost them out of the Wharf?
Hide. Yes, I am sure of that.
Court. But you don't know who took them; you don't know it of your own Knowledge?
Hide. No, they were made for Hammocks of Men of War I made for the Government, and they have since taken a wider Sort, and they have been useless for a Year and a half.
Q. What Business do you follow?
Cart. I am a Sacking-Bottom Weaver's Wife. Sarah Carlisle comes to my House before Five o'Clock; it was last Tuesday was se'nnight; she came to let me know there were two Pieces of Cloth that were come out of a West-Country Barge, and I thought it proper to let this Gentleman know of it. Carter the Prisoner offer'd them to Sale at our House.
Cart. Yes, my Lord.
Q. What then?
Cart. I consulted with this Gentleman first to stop these Pieces of Cloth, because I imagin'd they were not honestly come by. I went to Mr. Corderoy, the Constable, to consult with him what I should do in the Case.
Q. What then?
Cart. Then I went to Mrs. Carlisle's House, and found both the Prisoners there. Carter said it was his Cloth.
Q. When you came and found the Prisoners at the Bar, who shew'd you the Cloth?
Cart. That Man that stands there in Blue-grey, Carter.
Q. When he shew'd you the Cloth, what then?
Cart. Then I said, I wish you would carry it down to the Water-side. I told him, when he carried it home he should have the Money for it.
Cart. Then you did not ask him the Price, nor bid him any thing for it?
Cart. No. So he carried it down to the Waterside : I would have had him come over the Water, if I could; but he pretended that the String of his Breeches was broke, and desir'd this good Woman to bring him some Money directly. I wanted it to be carried to Mr. Corderoy's, under a Pretence of having Money for it.
Q. What did Carlisle say of these two Pieces? These two Pieces were at Carlisle's House?
Cart. They had a Fullpot of Beer there, and Carter said, bring me what Money you can.
Carlisle. Yes, Sir; I am his own Wife.
Court. Tell us what you know of this Matter then with relation to Carter.
Q. What then? Did not Carter bid you to go and get Money for them?
Carlisle. Yes, my Lord; but I was stopt with the Goods.
Court. Then you went to Mrs. Cart's; did she or Corderoy stop you?
Carlisle. They both stopt me.
Court (to Prisoner Carter.) You hear what this Witness says; will you ask her any Question?
Carter. I don't know any thing about it, but I carried the Goods down for this Man to the Waterside.
Corderoy. My Lord, I deal in Sacking, and I am Constable too. My Lord, this Mrs. Cart and her Husband are Sack-Weavers; they work for me in weaving of Cloth; I have bought several Pieces of them at a Market Price, and have had some Suspicion that they were stolen.
Q. What then, Sir?
Corderoy. That was before I had a Suspicion that they were stolen. I had four before I had a Suspicion, and I had a Suspicion of the fifth Piece. This was on Saturday the 3d of May. On Monday Morning there was two more brought, and I desir'd them to bring the Persons to me. On the 6th of May they brought two Pieces with Mrs. Carlisle. I ask'd Mrs. Carlisle who she had them of; she said she they were the Property of a Person for whom she had the Disposal of them. I told her she must not take them away, but I must stop them and her too; so I takes her to Guildhall, and was before some of the Sitting Aklermen, and by her Directions went to Fleetditch, where they said Carter liv'd, but they said that Elizabeth Cart had decoy'd them away.
Q. Did Cart bring Carlisle's Wife to you at the Time appointed?
Corderoy. Yes, my Lord. Carlisle's Wife and Mrs. Cart came together. Carlisle's Wife knew nothing of me? it was done with an Intent by Mrs. Cart, to bring Carlisle to me.
Q. Are you certain as to the Pieces?
Corderoy. I am positive to the Pieces, my Lord.
Q. Do you know any Thing of Carter's taking them, or how Carlisle came by them? How came you to bring Carlisle here: If your Witness speaks
Corderoy. They told me Carter us'd to give him part of the Money.
Carter. I was coming down Fleet-Street about Seven o'Clock in the Morning, he (Carlisle) ask'd me to go home with him to eat a Bit of Victuals; while we were sitting together, says Mrs. Cart and Carlisle, will you carry these Things down to the Water-side?
Q. Then you did not own them to be your Goods. You hear what Cart says; that you own'd that they were your Goods.
[The Prisoner had little to say for himself, nor any to appear for his Character.]
Carlisle, the Accessory, Acquitted .
Q. Where do you live?
Q. Did they come to your House both?
Corrock. Yes. I went up Stairs but could not find any such Things in the Name. When I came down the Door was open; one was within the House, the other was just keeping the Door open; but it was not 'till the next Morning that I miss'd the Things, and I had nobody come in but a Woman of good Character; so I made Enquiry after these People, but could not find them 'till Saturday Morning. When I took them they confess'd they had pledg'd the Gown and checqu'd Shirt; when I found them on Saturday Morning about Eight o'Clock, the Woman, she roll'd and twisted the Apron about so, that she had about her Middle, that I did not see it at the first. I said this is the Apron I lost.
Q. What then, did you find any Thing else upon them?
Corrock. No, my Lord. Then I charg'd a Constable with them, and I told them, if they had a Mind to make any Confession where the Goods were, if the Justice of the Peace would acquit them, I would, could I have my Goods.
Q. What then, did they make any Confession?
Corrock. Yes, my Lord. I was along with the Constable when they made the Confession. The Husband confess'd that how they both had them in their Possession; that the Woman had pledg'd the Gown for 4 s. and confess'd where they sold one chequ'd Shirt and a chequ'd Apron. It was the Man made the Confession.
Q. Did he say at what Place he sold the Things?
Corrock. Near Wellclose-Square. in Rosemary-Lane.
Q. Did you go to Rosemary-Lane when they had told you; or did you go to the Place where they had pledg'd the Gown?
Corrock. They had pledg'd the Gown in New-Street, and I went after it and had it of one Dupee, I think.
Prisoner. No, my Lord.
Rickelworth. My Lord, I am an Officer belonging to St. Katherine's. Mr. Corrock came to my House with the two Prisoners at the Bar, the 10th of May.
Q. Well, what then?
Rickelworth. Then I took them into Custody, and carry'd them to an Alehouse opposite to where I liv'd.
Court. T he Prosecutor said he had lost two Aprons, a Shirt, and a Gown.
Rickelworth. We sat down to drink a Pot of Beer, he (the Prosecutor) said that was one of the Aprons about the Woman's Side. She took it off and gave it me.
Q. Did she acknowledge that it was his?
Rickelworth. I can't say she did. The Prosecutor said he could swear to it.
Corrock. I know it because I had it in Cheque before it was made up. And my Servant made the Apron.
Q. Have you any particular Marks to it? For there are a great many Pieces of Cheque alike.
Corrock. And I charg'd them with the other
Rickelworth. I can't tell what she said, but it was but little. She said I might take it if it was his; I was welcome to it.
Q. What were the other Things he said he bought in Rosemary-Lane?
Rickelworth. The Gown and Shirt were pawn'd in another Place.
Prisoner. Please you my Lord, I was going home to Rosemary-Lane, and bought these Things at the End of the Minories; a Gown, two Aprons and a Shirt.
Q. Did you give them them to your Wife?
Prisoner. Yes, my Lord.
Q. Have you any Body here to prove that, or to your Character?
Prisoner. I have Friends, but I had not Money to send for them.
Court. (to Stephens) Look at the Prisoners, what do you charge them with?
Stephens. I charge them with robbing me of my Things in my Room.
Q. Where do you live?
Stephens. In Whitechappel-Road. I let these for 2 s. a Week.
Q. Who did you let the Lodgings to?
Stephens. To the Man. He gave me 6 d. Earnest.
Court. Then the Woman was not with him when you let it.
Q. What did you let with it? What Furniture was there in it?
Stephens. Please you my Lord, there was Bed and Bedding, and Table, and Chairs, and Grate, &c. I let these Things with it.
Court. Tell us what Things there were in the Room.
Stephens. Please you my Lord there was a Bed in the Room, a Chest, a Fire-shovel, Poker, Pillows, Blankets, &c. I lost a Blanket, please you my Lord, and a Pair of Sheets, and a Woollen Rug, a Frying-Pan, and a Saucepan, a Candlestick, a Napkin and Pillowbeers. I lost these Things out of the Lodgings whilst the Prisoner Donnington lodg'd there.
Q. How long was this ago?
Stephens. Five Weeks ago last Monday.
Q. When did you miss the Goods?
Stephens. I did not miss them 'till last Saturday Morning.
Q. Why do you say the Prisoner had them?
Stephens. I was going out of the Door last Saturday Morning about Six o'Clock. My Business is a Fish-Meeter at Billingsgate. So they took an Opportunity to carry these Things out when my Wife was a-Bed and a Sleep. I saw them carrying a Bundle. So I overtook them? I said, what are you going away? No, said he, I am coming back to pay you at Night. I steps home again and takes a Ladder and goes in at the Window, and there I miss'd the Goods. I went after them down to St. Katherine's, and there I found they were in the Custody of Rickelworth. The Prisoner carried the Rug out that Morning
Q. Have you got the Rug here?
Q. Why did you not bring it?
Stephens. I did not know I should?
Q. What other Things did he own that he took?
Stephens. I got a Search Warrant and search'd the House of Mr. Smith and Mr. Corrock; also a Napkin and Saucepan I found at Mr. Corrock's.
Q. And where did you find the Curtains?
Stephens. At Mr. Smith's in St. Katherine's-Lane. He had sold the Blanket and Sheet at Mr. Jones's. in Black-Horse-Yard. I went with a Search Warrant to this Broker's, and they had sold them. My Lord I want to know how I may get these Things again, for there are four or five of these Brokers join together to make a publick Sale every Month.
Court. (to William Donnington . You hear what this Man says; will you ask him any Questions, or make your Defence? Have you any Witness to the contrary, or any Witnesses to your Character. The Prisoner had nothing to say in his Defence.
Wife Acquitted .
Morris. I am positive, Gentlemen, he was the Man that robb'd me the 24th of January.
Q. What Time of the Day or Night?
Morris. As near as I can guess, the 24th of January, a Quarter before Eight o'Clock.
Q. Was you alone?
Morris. No, Sir; there were two with me, my Husband and another.
Q. What is your Husband? Where do you live?
Morris. In Tottenham Court Road.
Q. What is the Name of the other Person that was with you?
Q. What does he follow?
Morris. He follows no Business at all, but lives upon what he has.
Court. Now tell what was done to you.
Morris. He (the Prisoner) took my Cloak from me.
Q. Was he by himself?
Morris. No, my Lord, there were two more Men with him.
Q. How do you know this was the Man?
Morris. This was the Man that clapp'd the Pistol to my Husband's Breast, and I am sure this Man (the Prisoner) laid Hold of my Cloak.
Q. What is become of your Cloak?
Morris. I never had it.
Q. This Man (the Prisoner) laid hold of me, and said he would blow my Brains out, because I made a Noise, when my Husband throw'd me over the Bank to make my Escape; the Moon shone in the Prisoner's Face at the Time he robb'd us; he was in Soldier's Cloaths, and his Coat was turn'd the wrong Side outwards.
Q. Do you know any Thing of the other?
Morris. My Lord, if I was to see them I can't say I know them, because they run swiftly before me.
Prisoner. My Lord, please to ask her whether I had a plain Hat or a laced Hat.
Morris. I can't directly say, but I think a plain Hat.
Council for the Prisoner. Madam, you say this Robbery was about the 24th of January, and it was Moon-light, pray how many Persons were in Company?
Morris. My Husband and this Gentleman.
Q. How came you to be so particular to know this Person more than the other two.
Morris. The others run swiftly by us, this Man stopt us.
Q. Pray had he a Wig on, or his own Hair?
Morris. His own Hair, he had a Soldier's Coat turn'd blue.
Q. Are you sure it was blue?
Morris. We were coming from the Halfway House, the Place call'd Mother Red Cap's, the Friday Night the 24th of January last; when we were coming over the Fields, I was talking that in all my Life I was never attack'd; to this Joseph Ashborn said, nor I. When we came over the Fields, we met three Soldiers with their Cloaths turn'd, one of them had something over his Face. Joseph Ashborn says, Cousin, stand still, let the honest Soldiers come by. Two came by, and this Samuel Watson moved away from the Place to let us by; when we came up to the Post, I said, Honest Friend, why don't you get out of the Way to let me come by; with that (I don't know but that I might swear at him to get out of the Way) he clapped his Pistol to my Breast, No Words, No Words, said he, if you do, I'll blow your Brains out; with that I took my Wife into my Arms, and lifted her over the Bank; she seeing the Pistol, cry'd out; he said, D - n you, you B - h, if you speak another Word, I'll blow your Brains out; when I lifted my Wife over the Bank, he catched my Wife by the Cloak, and the other took Hold of the other Side. With that she slipt her Head out, and away she run, so he stopt me, and sell a rifling of me; she lost the Cloak, and this Samuel Watson kept it in his Hand; then after that I believe he dropt it on the Ground. The other Man goes back to Joseph Ashborn , and knock'd him down with a Bayonet. I saw the Bayonet in the other Man's Hand. The Prisoner he took my Watch, and I am sure to 7 s. but to the best of my Remembrance he had Eight between the Post; he took my Money.
Q. What did he do more to your Wife?
Morris. He did no more to my Wife. When I came up to Tottenham Court, I found my Wife almost frighten'd to Death upon a Heap of Stones.
Q. Where did you live before?
Morris. I am a Baker by Trade, and I follow it now.
Q. What Inn did you keep there?
Ashborn. The Red Lyon.
Court. We understand Morris is some Relation to you.
Ashborn. Yes, Sir.
Court. Now give an Account of what you know of this Affair.
Ashborn. We had been at Mother Red Cap's to eat a fat Pig there, and this happen'd on coming back.
Q. How many in Company were there of you?
Ashborn. There were three of us, and there were three Men that we met.
Court. Give an Account of what passed.
Ashborn. One of the Men held a Pistol at George Morris ; I look'd at him, and said are you in Jest or in Fannest, and one of them whips out a Pistol against my Breast; I up't with my Stick, and took him a cross the Nose and Eyes, I hit him such a Blow as to beat him backward; I beat them both so a-cross the Nose, that they fell a Top of one another. When I found one had got Hold of my Foot to take my Buckles away, I gave a Plunge to drive them away. I made such a Defence, that I would neither let them have my Watch, Money, nor Buckles.
Q. What became of the Woman?
Ashborn. She run away up to Tottenham Court, and swooned away upon a Heap of Stones, with that the Soldiers rise up at Tottenham Court to take these Men.
Q. Did you know who apprehended him?
Ashborn. It was he that carries the Prisoners backwards and forwards.
Court to the Prisoner. Now is your Time to make your Defence.
Prisoner. Please you, my Lord, I never wrong'd any Body in the World.
Williams. I knew him my Lord in Flanders.
Q. How has he behav'd?
Williams. He has behav'd very well while he was abroad; he throwed off his Pay the 17th or 18th of February.
Q. How long have you known him?
Bradford. I have known him ever since he came from Ghent; he behaved very well abroad; I know little more about him.
Q. What Trade is he?
Huson. A Breeches-maker by Trade.
Williams. About 22 Years.
Q. What Trade are you?
Williams. A Glover by Trade; I have nothing to say; he carried nothing away from me; I never heard a bad Character of him.
Hall. I have known him 10 or 11 Years; he has work'd with me backwards and forwards; he always worked like other Men, and behaved very well.
Q. How long is it since you have employ'd him?
Hall. Not since he came from Flanders.
Bedwin. I have always known him to be a Man of a good Character; I have known him five or six Years, my Lord; he rented a House of me three or four Years ago, and his Father and Mother and all lived together, and I never heard an ill Character of him.
Brown. I am a Carpenter; I have known the Prisoner for seven Years; I never heard the Man was guilty of Swearing, or the like; I have one Thing to ask, that is, what Day the Robbery was committed; for upon the 16th of April I can prove he was three or four Hours at my House, and brought home these Breeches.
Q. Where do you live?
Brown. At Cow Cross; the Prosecutor is a Man of a very bad Character, my Wife has known him for 14 Years.
Reply. It's bad if your Wife knows him better than you.
Thomas. When he worked for me he behaved very well; but since he has been in the King's Service, I have not known him.
Samuel Watson and James Taylor were indicted for assaulting William Parran , and putting him in Corporal Fear and Danger of his Life, and for stealing from him one Pair of Silver Shoe Buckles, one Silk Handkerchief, Value 12 d. one Tobacco Box tipt with Silver, Value 18 d. 20 s. in Money, &c.
Parran. The Prisoner (Watson) I know; this Soldier was along with me lighting of me.
Q. What do you say to the Fact the 3d of April .
Parran. I was robbed between Eight and Nine, as I was going home from Golden Lane to Tottenham Court, where I lodged.
Q. Where do you lodge?
Parran. I lodged at one Fuller's at the King's Head.
Q. What Time was that?
Parran. It was about Nine o'Clock at Night.
Q. Was it dark?
Parran. Yes, dark Night.
Q. Was any Body with you?
Parran. Yes, this Soldier.
Q. What is his Name?
Q. What did he light you with?
Parran. With a Link, Sir. I went from Golden Lane to Clerkenwell; there I stopt at a Grocer's to buy some Sugar, and bought a Link in Mutton Lane to light me; I gave the Soldier a Dram at a Publick House; when we came into Pancras Field we met three Men.
Q. How were they dress'd?
Parran. I could not so perfectly see their Dress; but I believe Watson was in a blue Coat, to the best of my Knowledge.
Q. What was the other in?
Parran. The other was muffled, with a brown Coat about his Chin; but I can't be so positive.
Q. How came you to be more positive to Watson than Taylor?
Parran. Because Watson was the Man that took the Things out of my Pocket. I had not got thirty Yards in the Field but Watson said first, D - n your Eyes, Soldier, put out the Light, or we will blow your Brains out.
Q. Do you think the Prisoner, Watson, said these Words?
Q. Why do you pitch upon him?
Parran. My Lord, he riffled me. There were three of them; one came on one Side, and the other on the other Side, and the Third held the Pistol to my Head.
Q. Who held the Pistol?
Parran. I take that to be Taylor.
Q. Now what was done after this?
Parran. My Lord, they took from me 20 and upwards: The Man that stood at a Distance d - nd them for being so long. Watson took 20 s. in Silver, or better.
Q. Where was it?
Parran. In my Breeches Pocket.
Court. In no Purse?
Parran. No, my Lord, loose in my Pocket: Also the Shoe-Buckles out of my Shoes, the Knee-Buckles out of my Knees, my Hat off my Head, a Tobacco-Stopper tipp'd with Silver, a Tobacco-Box, a Memorandum-Book, and all my Papers.
Q. Can you tell in particular what Watson took?
Parran. I believe he took the biggest Part of the Things. He tore the Lining of my Pocket out; he took the Hat off my Head, and put on an old one.
Q. What Business are you?
Parran. I am aboard a Man of War; I am Steward.
Q. Have you any thing further?
Parran. When I desir'd him not to take my Pocket-Book, he said, D - n your Eyes, I'll blow your Brains out.
Council for the Prisoner. Mr. Parran, How came you so particularly to distinguish Watson from the other Soldier? How can you pretend to say that he was the Person that spoke those Words, for you never saw him before?
Parran. I saw him, I think, the Monday afterwards.
Q. Where did you see him?
Parran. I saw him at Clerkenwell-Bridewell; I went there accidentally, and they stopp'd him.
Q. Do you think you should know the third Person?
Parran. I can't say particularly.
Parran. I believe a plain Hat; I believe you put your own upon me.
Shepard. I can't say I did; I take him by his Voice.
Q. Do you remember the lighting the Gentleman over the Fields?
Shepard. Yes; but what he lost I can't tell: I can't say any thing but his Voice: He said, D - n your Eyes; and I think 'twas Watson. When the Gentleman beg'd the Favour to have his Pocket-Book and Papers, then he swore, D - a your Eyes.
Court. (to the Prisoner) What have you to say in general?
Prisoner. I told Mr. Broom that I had a Pair of Breeches that I thought would do very well for him, if he would buy them; they indeed were too big for him, and I told him I could make them fit. I carried the Breeches to my Brother, and did them there; and I carried them to Mr. Broom's, and went back again, and stay'd 'till Ten o'Clock.
Taylor. I went to my Brother's House, and got a Steak, and it was near Four o'Clock before I went to bed.
Bryant Watson . I went to the Prosecutor's House, or that which he said was his Habitation, after they were committed to Bridewell; when I came there, he never laid there but one Night, and they could not tell the Place of his Habitation.
Court. You are Brother to the Prisoner.
Court. You said before it was Thursday in Easter Week, the 16th of April.
Watson. I said no such Thing, my Lord. On Thursday, at Two o'Clock, in Easter Week (I live in Chiswell-Street) he came over to me, and said, Brother, I have got a Chap for this Pair of Breeches we made last Week; he is to give thirteen S hillings. They did not exactly fit, but I said, I can alter that. I said, go to the Clogster's, and buy the Buttons. Now he had got a Pair of Breeches, belonging to Mr. Broom's Boy, before; and he said to me, Brother, if you will go along with me, we shall have something to drink, &c. I said, Brother, I cannot go, I am to attend upon such a one, &c. I went to my Brother in Bridewell, and seeing his Irons I was sorry. I was half happy, as I am almost now. I said, Don't fear any thing, Brother, and left him. I then went to my Aunt to tell her the Story, and she cry'd sadly.
Willis. I never heard any thing to the contrary of his having a very honest Character; he would not wrong a Wrm. He came to my House and desir'd something for supper. He went to Market, and bought some Steaks; and I never saw him out of the House that Night.
Willis. I was with him when he eat his Beef Steaks at Mrs. Willis's: I was with him from Seven to Ten.
Watson Guilty , Death .
Taylor Acquitted .
201. Walter Roberts was indicted, for that he, not having the Fear of God before his Eyes, and being mov'd by the Instigation of the Devil, on the 24th of April , in and upon one Thomas Blackwell , did wilfully, and with Malice and Forethought, with his Right Hand, strike and stab, in the Left Breast, the said Thomas Blackwell, and gave him one mortal Wound, the Breadth of Half an Inch; and did feloniously kill and murder, &c.
Q. What Part of the Town is that?
Q. What Time was that?
Dew. It was on the Rejoicing Night for the Victory.
Q. What Business are you?
Dew. A Cooper.
Q. What Time of the Night was it?
Dew. About Dusk.
Q. Do you know the Prisoner at the Bar?
Dew. I know him by Sight; but before this Fact was done I did not know him. There were some Fellows making Game at the Prisoner as he was going home: Presently after I saw the Instrument that kill'd the Deceas'd; it seem'd to be Three-square, like a Bayonet.
Q. Had it any Handle to it, any thing to take hold of?
Dew. I cannot tell. There were some Men making Game of the Prisoner near his own Door; and he went in, and came out again with this Instrument in his Hand; and upon the Prisoner's coming up, the Deceas'd clos'd in with him. Upon seeing this, one Mr. Holland went to part them; and as he made his Endeavour, the Smith, the Prisoner, and the Deceas'd, reel'd back a little Way, and
Q. Where did you first see Roberts and the Man that is dead ? What was the Deceas'd?
Dew. A Brewer's Servant .
Q. What was the Brewer's Servant doing?
Dew. He was talking to Roberts; but I did not mind what it was.
Q. How far was it from Roberts's House?
Dew. It was the next Door.
Q. Upon the Mens talking to Roberts, what did he say?
Dew. I can't tell the Words.
Q. How far was you gone from them?
Dew. About two or three Yards.
Q. How long was Roberts gone into the House to fetch this Instrument?
Dew. A very little while.
Q. Had he the Instrument before he went into his House?
Q. You said something of their making Game at him; What did they make Game at him for?
Dew. They seem'd to shame him for going into the House, and would not stay to scold at them, I suppose.
Q. Now tell us in what way he came out.
Dew. He came out in a great Passion.
Q. Did you see any Wound?
Dew. Yes, Sir.
Q. What sort of Wound was it?
Dew. But a little Wound; it was under his Ribs, or thereabouts.
Q. How long were they clos'd in before they parted them?
Dew. A very little while.
Questions to Dew by the Council for the Prisoner.
Q. Was there a Mob at the Door a little before the Murder was done?
Dew. There was some People about there.
Q. Was the Soldier there with his Piece; was the Soldier there at the Time when the Mischief was done?
Dew. The Soldier was thereabouts.
Q. Was not this the Night there was the Rejoicing for the Victory of Culloden ?
Q. Did you hear no Conversation from the Prisoner and the other about breaking of Windows?
Dew. The People were talking of it afterwards.
Q. Can you be positive that the Prisoner was not within-side of his Groundsel when they had the Scuffle ?
Dew. He was not.
Q. When they were in the Scuffle and clos'd how far were they from the House?
Dew. About the Middle of the Street.
Council. You said somebody endeavour'd to part them, and they stagger'd toward the House, and just before the Door the Man fell down dead.
Q. Pray did not the Deceas'd insist upon it that he was Man enough for the Prisoner, and he would fight him ?
Dew. I did not hear that.
Harris. As my Wife and I were walking thro' Whitecross-Street into Playhouse-Street, and coming into Golden-Lane, I heard Mr. Roberts and the Deceas'd have many Words: The Deceas'd said he would lay Half a Crown with him; Mr. Roberts said, then he must pawn his Shirt for Half a Crown.
Q. Where is the Thing this was done with?
Harris. That could not be found.
Court. You say they clos'd in.
Harris. Yes, my Lord, and I saw something glitter.
Q. Well, what follow'd?
Harris. With that Mr. Holland ran to part them, and laid hold of the Deceas'd; with that Mr. Roberts, the Prisoner, ran into his House, and the Deceas'd dropp'd down and never sigh'd nor groan'd.
Q. Did you see the Soldier there?
Q. Did you hear any Talk of putting out Lights because of the Rejoicing?
Carlisle. Yes; I have known him about three Quarters of a Year.
Q. What do you know of this Affair?
Carlisle. As I was going home I heard the Deceas'd and the Prisoner have Words.
Q. What was the Quarrel about?
Carlisle. I heard the Deceas'd say he would fight him for Half a Crown, if he would lay down his Arms.
Q. Did you see Roberts with any Arms?
Carlisle. No, my Lord; after that Mr. Roberts said, he lay Half a Crown! he had not Half a a Crown, nor a Shirt to his A - e; after that Mr. Roberts turn'd himself to go home, and the Deceas'd
Q. How do you know that he gave him the Wound?
Carlisle. He had something of a bright Weapon in his Hand. I did not know what. Mr. Holland took hold of the Deceas'd, and parted them; and he never spoke another Word.
Q. What Time of the Night was that?
Carlisle. I believe, between 10 and 11 o'Clock.
Seal A Brewer's Servant.
Q. What do you know of this Matter?
Seal. Please you, my Lord, as I was going from my Work the Night the Rejoicing was, there was a Bonfire made at the Upper-end of Golden-Lane. I went to the Bonfire, and as I stood by the deceas'd Man, this Roberts and he had some Words.
Q. Was you there at the Beginning of the Quarrel?
Seal. My Lord, I was not at the Beginning. The deceas'd Man was by the Fire, and there was some Windows that had not Lights put up; and they were talking round the Fire side of breaking Windows; with that Roberts came to the Fire-side, and he and the Deceas'd had some Words.
Q. What were the Words?
Seal. I can't tell. With that Roberts goes back to his own House, and a little after he came again, and several more Words passing, they went towards Roberts's Door. With a great many Words the Deceas'd challeng'd to fight Roberts for Half a Crown: With that Roberts takes up the Flap of his Coat, and said all the Cloaths that he had upon his Back were not worth Half a Crown. Said the Deceas'd, if they are not worth Half a Crown, I have Half a Crown in my Pocket, for which I will fight you: With that, when Roberts came out again, he ran at the Deceas'd, and they collar'd one another, and scuffled 'till they had got just at the Threshold of Roberts's Door: I saw Roberts make an Offer of striking, but did not see any Weapon, or any Blow struck. That was all that I saw of it, my Lord.
Q. Did you see the Man dead?
Seal. Yes, I saw the Man dead.
Q. What Time of the Night was it?
Seal. I believe it was about half an Hour after Ten.
Court. You saw no Weapon?
Seal. No Weapon at all, please you, my Lord.
Prisoner. Sir, I don't know any thing of the Man ?
Q. Did you see that Soldier there?
Q. Had he his Piece?
Scarborough. I saw Mr. Roberts come to the Deceas'd, and said he would shoot him as dead as one of the Rebels.
Q. What did they quarrel about?
Scarborough. My Lord, I can't say I ever heard this Fellow, the Deceas'd, speak a Word to him: I saw Roberts go back to his own House, and said d - n Duke William and all the Family; must I have my Windows shut up?
Court. Well then he was complaining that his Windows were shut up, and he was angry?
Scarborough. I can't say what he was angry at, except it was shooting at the Bonfire; though this Fellow, the Deceas'd, never shot nor ever gave any Provocation, as I heard; I saw them close in, and Roberts had a Weapon in his Hand; but what it was I cannot tell.
Council for the Prisoner. Was you there at the Beginning of the Fire? Was not there some Guns fired at some People's Windows? and were no Windows broke that Night?
Scarborough. I can't say that they were.
Q. Pray why should he address himself so particularly to the Prisoner? Did not you hear that it was by reason of a Lodger in his House that the Prisoner could not light Candles?
Scarborough. I know nothing of that.
Holland. Sir, As I was coming from the George Alehouse in Old-Street, and passing by the Bonfire in Golden-Lane, many Words pass'd between the Deceas'd and Mr. Roberts: The Deceas'd follow'd him to his Door; Roberts steps in and comes out again, and they were engag'd with one another; Roberts's Wife was pulling him by the Skirt: I stepp'd in and said don't fight; I caught hold of the Deceas'd and he fell down.
Q. Why, he appear'd very strong in his scuffling with the other, did he not?
Holland. He appear'd very strong, and said, let
Q. Then you apprehend he receiv'd the Mischief then, do you?
Holland. I can't tell.
Q. What Wound was it?
Holland. It was a Wound under the Rib.
Q. How big was it?
Holland. A little Hole, that you might put a Straw into it.
Q. Did you see the Body open'd?
Holland. Yes, Sir.
Q. Who call'd you to assist?
Holland. Roberts's Wife, that they might not fight.
Hawes. My Wife and I, and a young Man, a Cooper, went out into the City, and as we return'd back, about a Quarter after Ten, we came to the Bonfire; I saw the Deceas'd, and several more, follow Mr. Roberts hollowing and hooting; when Roberts had got upon the Stone of his Door, says the Deceas'd, stand away, I warrant you I am Man enough for him; with that they clos'd, they might be the Space of half a Minute: Mr. Holland caught hold of the Deceas'd that they might not fight; as soon as Mr. Holland had laid hold of the Deceas'd a Woman takes hold of Roberts and gets him into his House; with that they said immediately the Man is kill'd; I said kill'd the D - I, for I did not see a Blow struck. I saw another Man with a Gun; he said he would fire at them I went over and saw the dead Man lie against the Prisoner's Window.
Osborne Skinner . At the Goat Alehouse the poor Fellow, the Deceas'd, was singing a merry Song; Mr. Robert, the Prisoner, came in and call'd for a pennyworth of Beer, and a Gentleman subpoenied by Mr. Roberts, who is now in Court, was there; there were no cross Words pass'd at that Time, the Liquor was brought in and we drank the Duke's Health; Mr. Roberts said they magnify'd their Loss and lessen'd our own: I ask'd him to drink the Duke's Health, and he said no; then I said you are a Rebel. A little after that a Woman came in and said to me, Mr. Skinner, Roberts has kill'd Blackwell; I went and saw the Man dead; they had put on a Patch over it; when I saw the Hole it look'd black, but not so big as my Finger. Please you, my Lord, that Man, Roberts, said he would do for me. That Night I broke open his House, but he was gone; the next Morning I took him myself, at the King's Arms opposite Chiswell-Street.
Prisoner. Mr. Skinner, did I refuse to go with you? because you said you took me.
James. Yes, Sir, I have about two Months to serve of my Time.
Q. Did you see the dead Body?
James. Yes, Sir, when I came there was a Puncture in the Breast, about two Fingers below the Nipple.
Q. Which Breast?
James. The Left Breast, an Inch below the Nipple, or thereabouts.
Q. How deep?
James. I believe about four or five Inches deep, quite pierc'd through the Heart, and was immediate Death.
Q. How wide was it?
James. I believe about half an Inch.
Q. What do you suppose it to be done with?
James. It seems to be a Triangle.
Prisoner. I depend upon God's Mercy and the Justice of this honourable Court.
Q. Did you see the Beginning of the Quarrel?
Haws. I was at the Bonfire, and there were some Soldiers looking all about it for Stones to put in their Guns, at which Time the Deceas'd call'd one of them by his Name, and said he wonder'd he had so much Patience with Mr. Roberts.
Cooper. Yes, I have known him for seven or eight Years past, and I never saw him malicious or any thing of that Kind, but willing to do a good Action.
King. Yes, I think he is a good temper'd Man.
Q. Then you know nothing extraordinary of him, one way or another ?
King. No, my Lord, we work'd in one Shop.
Nicks. I am Headborough to St. Luke's Parish; I went along with him and we broke the Prisoner's
Court. And he was to be commended for it.
Banks. I have known him for a considerable Time, and have paid him ten Pounds at a Time for Work; he alter'd me three Guns and a Pistol before these Wars: I maintain two Soldiers myself; and he said to me, I have a Blunderbuss, and if it was charg'd I would shoot the Pretender through the Head.
Dukeson. I was going to Old-Street; I pass'd by the Fire and saw two Men quarrelling; the Deceas'd said to this Man, you are a Rebel, a Villain and a Roman; he desir'd that he would let him alone; but the Deceas'd said that he would fight him for Half a Crown, and that he could knock his Head off; when the Prisoner got to his own Door the Deceas'd struck him two or three Times, and the Mob drawing near he said to them, let me alone, I am Man enough for him; but the Prisoner was taken into his own House by the Mob, or went in himself, I can't say which.
Q. Was the Prisoner's Door shut?
Dukeson. It was open, to the best of my Knowledge.
Brown. I was in the Company of Mr. Skinner and Mr. Roberts about half an Hour before this Affair happen'd, and the Deceas'd and the Prisoner did not change a Word: I have known the Prisoner for some Time, and never heard any Harm of him before this Affair happen'd.
Guilty of Manslaughter .
Lucas. Yes, she is my Apprentice .
Q. When was she your Apprentice?
Lucas. She is my Apprentice yet.
Q. What is your Business?
Lucas. Winding of Silk.
Q. What do you charge her with?
Lucas. With robbing me when I was in Bed and asleep.
Q. Did she come to your Bed-side?
Lucas. Yes, she came by my Bed-side.
Q. What Silk was it that you lost?
Luca s. Soft Silk.
Q. Why do you say an Ounce?
Lucas. An Ounce my Master charg'd me with.
Court. So your Master charges you with an Ounce of Silk, and you charge it upon the Girl.
Lucas. She confess'd it.
Q. Is it an easy Matter to miss such a little Quantity as an Ounce of Silk? When did they charge you with it?
Lucas. They charged me with it the Saturday following.
Court. Then we suppose you want to get rid of your Apprentice, so you take this Way.
Lucas. No, I don't desire to get rid of her, if she will be good.
Q. How came she to own it to you?
Dangy. She own'd to me, as well as to her Mistress, that she took it out of the Box.
Court. You did not see her take it, nor have it in her Custody.
Dangy. She said she sold it in Whitechapel.
Court. I suppose you threaten'd her, or something of that.
Lucas. No, I did not threaten her; I gave her good Words.
Q. Whose Silk was it that you took to wind?
Taylor. Please you, my Lord, I went to Bed, and this young Woman I thought was going to Bed, too. She was with me four Days and no more.
Q. After that, what happen'd?
Taylor. At Night I went to Bed, and thought that she was going to bed. In the Morning, when
Q. What did you miss?
Taylor. I miss'd four Napkins, Shift-Sleeves, a Gold Ring, one Silver Salt, taken out of the Children's Pocket.
Q. How came you to find her out?
Taylor. Please you, my Lord, she was taken in Whitechapel.
Q. Why did you charge her?
Taylor. Please you, my Lord, there was one Mrs. Ashly who came to see me on Easter-Monday; she took her with a Hat upon her Head, which she own'd was mine; with that she sent for me; and when I came, the Prisoner confess'd that she was in Liquor when she did it, or she should not have done it; which I believe. She said, she sat down at the End of Field-Alley to sleep, and the Ring was taken out of her Pocket.
Q. Have you any of the Things that you are sure are your's ?
Taylor. Yes, here's the Hat; as for the Gold Ring, she says that she has lost it.
Q. Did you find any Thing of the Napkins again?
Taylor. Only one old one that the Gown was wrapt up in.
Salter. I had this Hat and Handkerchief from the Prisoner as she was before the Justice.
Birch. A Pawnbroker.
Q. What have you got there?
Birch. I have got a striped Cotton Gown.
[It was produced in Court.]
Court. Shew it to Mrs. Taylor.
Q. Is that your Gown?
Birch. She brought the Gown, and wanted six Shillings; I hid her five: She said, she wanted six Shillings; I offer'd her five.
Prisoner. Please you, my Lord, she lent it me.
Q. How came you by the Napkins and Gown ?
Prisoner. Please you my Lord, I was going down to see my Cousin on board a Ship, and she lent me the Gown.
Burton. My Wife told me the Hedge was robb'd. The Things were lost from Finchley-Common; they were hung out upon the Hedge. I pursu'd him and took them from him.
[The Prisoner had no Witness to speak for him, and seem'd a poor, Vagabond Creature. He said he had serv'd his Majesty 25 Years.
Barrs. Yes, my Lord, she was my Servant ; she left my Service the 15th of April : I miss'd the Ear-Rings about an Hour after she was gone.
Q. How long did she live with you?
Barrs. Only a Week, my Lord: She came again the next Morning after she went away; I did not immediately charge her 'till I had got somebody in the House.
Prisoner. I did not take them willfully.
Burgess. I was sent for by Mrs. Barrs; I am Beadle; she said there was a Difference between a Maid Servant and her over Night, and that in the mean time she miss'd a Pair of Diamond Ear-Rings; but she would not charge her 'till she had made a diligent Search for them. I said to the Maid, if you know any thing of them tell your Mistress, to put her out of her Fears; but there was a Gentleman in the House, one Mr. Russel, who insisted to know were she lodg'd that Night; so she said she was to pay Three-pence and sit up all Night: Her Mistress ask'd her how she came by that Three-pence, as she had no Money when she went away; she then said she had pawn'd herThomas De Veil .
Court. Sir Thomas, give an Account of this Affair.
De Veil. My Lord, the Prisoner at the Bar was brought by this Witness before me, and deliver'd these Ear-Rings.
Thompson. She was with me at work; but had I heard so much of her before as since, she should not have been employ'd by me.
Guilty , Transportation .
Q. What are you?
Parr. I am Mr. Laban's Servant, my Lord.
Q. Where was it found?
Parr. In St. Anne's, Blackfryars.
Q. Did you know the Spoon again?
Parr. Yes, my Lord, I have the Fellow to it.
Harrison. She brought it to me to pledge; I am Servant to Mr. Grainger; I am positive to her, my Lord; I was the Person that took her and carried her before my Lord Mayor.
Q. How did you find her out?
Harrison. By the Woman that came after her.
Prisoner. My Lord, I carry'd it there to pledge; my Lord, I found the Spoon, and I carry'd it there to pledge on Saturday Night; he told me he would have me to advertise it; I went to see whether he had advertis'd it, but he had not, but stopp'd me; I lodg'd in Blackfryars; I had been to see after a Place at St. Dunstan's Church and was to go to it on Monday; I was hir'd by the Mistress.
Q. What don't you know her Name?
Prisoner. They live up a Court, they are Hatters by St. Dunstan's Church; her Name is Littleton, please you my Lord.
Q. When was that?
Jackson. We miss'd them the 13th of April; I miss'd my Coat and two Waistcoats.
Q. Did you miss any thing else?
Jackson. Yes, a Bed Quilt.
Q. What made you charge the Prisoner at the Bar with them?
Jackson. Please, my Lord, we took him up upon Suspicion and he confess'd these Things; he confess'd he had pawn'd the Waistcoat and Coat for 7 s. 6 d.
Q. Where did you find the Things?
Jackson. we found the Bed Quilt, &c. at one Mr. Darking's.
Q. Have you the Things again?
Jackson. Yes, I believe the most of them.
208. Samuel Gardner was indicted for stealing a Wooden Till, value 6 d. two Silver Buttons, value 1 s. a Silver Button wash'd, value 3 d. a Key, value 1 d. and 4 d. 1/2 the Goods of Thomas Barns , in Plough-Alley, Wapping , on the 9th of April .
Barns. I lost that Till.
Q. What is it made of?
Barns. It is made of Wood.
Q. When did you lose it?
Barns. I lost it the 9th of April.
Barns. Four-pence Half-penny and some Silver Buttons, &c.
Q. From whence did you lose it?
Barns. From my Shop, the Corner of Plough-Alley, Wapping.
Q. Did you lose any Thing else?
Barns. Nothing else at that Time, as I know of.
Q. What were the Buttons worth?
Barns. They might be worth 18 d.
Q. Do you know how you came to lose them?
Barns. They were brought back to me.
Q. When did you miss them?
Barns. I miss'd them the 9th of April; they call'd me out of Bed and brought the Prisoner to me.
Q. Who brought these Things to you?
Barns. These two young Men in my Neighbourhood.
Q. Was that the Till that was lost?
Moon. I found the Prisoner making away these Things in Plough-Alley.
Moon. I think the 9th of April, at Night.
Q. Making away with what Things? these Drawers, Silver Buttons, &c.
Q. What do you mean by making away with these Things?
Moon. He was making off with them.
Q. What then?
Moon. Then I laid hold of him; we were told by two or three little Boys that he had stole these Things.
Q. What Time did you meet with him?
Moon. About Eight or Nine o'Clock at Night.
Q. Did you ask the Prisoner any Questions how he came by them?
Moon. He said he found them in the Street; and before the Justice he said the same.
Q. Was you before the Justice with him?
Q. Now can you recollect, upon your Oath, what pass'd there? Was he ask'd how he came by them?
Moon. I can't recollect what pass'd before the Justice of Peace.
Humm. I know we took these Things upon the Prisoner.
Humm. The 9th of April last, I think.
Q. Are you sure these are the Things you took from the Prisoner?
Q. Where was it that you took them?
Humm. In Plough-Alley; there were three Children that saw him take them, and we stopp'd him upon what was told us by the Children.
Q. Where did you carry these Things to?
Prisoner. Please you, my Lord, I have a Mother, she is big with Child, and is not able to stand.
Guilty 10 d.
Q. What is the Coat made of?
Hudson. Silk Camblet. I put them into the Drawers the 28th, and I found them the 30th.
Court. You don't know who took them away.
Hudson. Sir she (the Prisoner) pawn'd them.
Q. Did you hear that she own'd them?
Hudson. Yes. Before the Justice.
Court. You say she confess'd before the Justice. As she was confessing, was he writing?
Hudson. I thought so.
Court. You thought so, than let that be return'd.
Q. Did she sign any Confession?
Hudson. No, Sir. But she said it was true.
Q. Now will you tell us what she did confess before the Justice?
Hudson. The Justice said to her, that I laid these Things to her Charge that she took them, and he ask'd her whether that was true; and she said that it was true.
Hudson. Yes, Sir.
Q. Did the Prisoner tell you where she had pawn'd them?
Hudson. Yes. At the three blue Balls in St. Martin's-Lane. She own'd she took the Waistcoat and pawn'd it for Half a Crown; then she took the Coat the second Time, and put them in her own Name for 7 s. 6 d.
Q. Did you redeem them?
Hudson. No. I took them away and brought the Pawnbroker before the Justice, by his Order.
Court. (to the Prisoner) You hear what this Witness says; that you told him that you pawn'd them at the three Blue Balls, and for three Half Crowns, and you confess'd before the Justice that it was true? Did you know this Woman before?
Hudson. My Landlady let her lay there out of Charity.
Q. And what had she upon them?
Caddy. Seven Shillings Six-pence.
Q. So you lent the Woman the three Half Crowns. Did you ask her how she came by them? Did you know the Prisoner?
Q. Did you know the other Woman before?
Caddy. Yes. I have seen her before.
Q. Do you take in such Sort of Things of any Body?
Caddy. The other Woman came along with her.
Court. I don't find you know much of the other Woman. So you ask'd her no Questions at all how she came by them. What was the other Woman's Name?
Court. Then you lent but three Half Crowns upon them?
Caddy. They wanted more Sir.
Q. Are you sure the Prisoner came at Night, and brought the Coat, and order'd the Waistcoat to be put in her Name.
Caddy. I can't positively say; but I believe it to be her.
Q. Do you know any Thing more of it?
Caddy. No. I don't know any more of it.
Q. But Sir, do you make it a Practice of taking Things in that Manner of People you know nothing of?
Cook. Please you my Lord, I am Constable.
Q. Of what Parish?
Cook. The Parish of St. Margaret's, Westminster. I had a Warrant brought me to take the Prisoner up, by the Prosecutor, Hudson. She confess'd the taking the Coat and Waistcoat out of this Man's Lodgings.
Q. In what Manner did she confess it?
Cook. To the best of my knowledge he ask'd her whether she took the Coat and Waistcoat from this Man's Lodgings.
Q. Did he ask her whether she took it from Mrs. Barnes's Lodgings that Night? tell me the Justice's Questions in his own Words.
Cook. He ask'd whether she took the Coat and Waistcoat at this young Man's Lodgings. And she confess'd she did.
Q. Was that the whole of his Questions?
Q. Did she confess any Thing more?
Cook. He ask'd her what she had done with them.
Q. Well, what then?
Cook. That she had casry'd them to the Pawnbroker's and pawn'd them for three Half Crowns, in St. Martin's-Lane; as to the Pawnbroker's Name she could not tell. Whereupon he order'd me to take her away to the Round-House. The next Morning he granted Mr. Hudson a Search Warrant: Accordingly we went to Mr. Caddy's, in St. Martin's-Lane; we takes the Woman at the same Time from the Round-House, and brings her before the Justice, and the Pawnbroker at the same Time, and she was committed to the Gatehouse.
Prisoner. No, my Lord.
Guilty 39 s.
Goodson. A Poulterer .
Q. Have you lost any Thing?
Goodson. My Wife caught the Man taking the Fowls.
Elizabeth Goodson . I happen'd to be out one Afternoon, the 15 th of April, the Duke's Birth-Day. When I came home I found my Door wide open: When I came home it was almost Ten o'Clock at Night: I found the Street-Door wide open.
Q. The Shop Door ?
Q. Had he taken it off the Shelf?
Elizabeth Goodson . I ask'd him whether he was a Customer; he turn'd himself about and said nothing; I ask'd him what Business he had there; and he made me no Answer: He had the Fowl in his Hand, and two more wrapp'd up in a Brown Linnen Apron . He kept the Fowl in his Hand, and endeavour'd to come by me with the one Fowl in his Hand and two in his Apron.
Q. Did he go off with them?
Elizabeth Goodson . He said let me come by. I got him hold by the Arm, and I told him he should not stir any further; and I desir'd my Friend to hold him 'till my Husband came; and my Husband came out, and we then secur'd him. My Husband got the Beadel of the Parish, and two Constables to carry him off.
Q. Did you get the Fowls from him?
Q. Was he carried before the Magistrate?
Q. Have you any Thing more to say?
Humphrys. My Lord I am Constable. When he (the Prisoner) came to the Watch-House, he had an Apron tied up like a Haberdasher's, a newish Apron. I ask'd him what Trade he was; he said he sold Whips and made Whip-cord: Then I ask'd him about taking Gr. Goodson's Fowls, and he did not at all deny it.
Q. Did he say any Thing?
Humphrys. He said nothing but what he had the Fowls. In his Side Pocket he had this very Thing in my Hand when he was carried to the Watch-House. [This Instrument was produced in Court; it had a long Handle, and about seven or eight Inches of Wire set in it, and hook'd at the End. A fit Instrument to lift up Sashes, and draw any Thing out of Shops or Windows.]
- Green. I am Beadle. Mr. Goodson came to me to the Watch-House; I went with him to his House. When I was bringing the Man from his House, I ask'd him how he could go into the Man's Shop to take the Fowls away, you know it was not your Property: Whereof I examin'd him, and he could not deny but he had two Fowls in his Apron. My Lord he own'd that he had taken the Fowls, to me.
Prisoner. My Lord I went out the Duke's Birth-Day at Night, and I drank a little Drop, and I went to buy a Fowl; and going to take one down the Gentlewoman came in. I knock'd, the Door was open.
Q. Have you any Witnesses to prove it? Who was to eat the Fowl? How many did you go to buy?
Prisoner. My Lord, only one.
Pearse. I am a Sadler by Company, and a Whipmaker by Trade: The Prisoner lives by Cold-Bath-Fields. I have known him almost five Years.
Q. Do you know what Way of Life he follows?
Pearse. He trades about the Town and Country.
Q. What, is he a Hawker?
Q. And has he paid for what he has bought?
Pearse. I know several of my Acquaintance have entrusted him, I never knew any Thing of this, 'till Five o'Clock in the Afternoon.
Runbo. He has sold Goods for me.
Q. Where do you live?
Runbo. In Gray's-Inn-Lane.
Q. What does the Prisoner follow? It seems he understands some Part of the making. Have you seen the Instrument produced, that is not made Use of in your Trade of Whipmaking?
Runbo. No, my Lord.
Pearse. No, my Lord. My Husband was here at Four o'Clock, but was obliged to go home. Sir he (the Prisoner) lodged at my House, but he never wronged me, which he might have done many a Time.
Q. Did he lie at your House the Night before he was taken up?
Pearse. I did not know of it 'till the next Morning; he ne'er was out 'till Ten o'Clock all the Time he was at our House.
Mary Jones and her Mother Elizabeth Jones , were indicted, the first for stealing one Ounce of Silver Wire, Value 8 s. and two Ounces of Gold Wire, Value 16 s. and the latter for receiving it, well knowing it to be stolen , the 19th of March .
Hern. The 22nd of February I weigh'd up my Stuff, then I lost a Quill of Silver Wire; the 26th of March I weigh'd my Stuff again, and I lost a Quill of Gold Wire and a Quill of Gold Plate.
Q. What became of them?
Hern. When I found I had lost them, I cry'd thoroughly; I tax'd my little Girl, my Apprentice, with it: I cry'd bitterly; she put her Hand round my Neck, and desir'd that I would not cry. I got a Warrant for the Mother and Child both.
Q. Where do you live?
Q. How much did you lose?
Hern. I lost two Ounces of Silver, and an Ounce of Gold.
Q. So you had a Warrant for them, and had them before a Magistrate; and what past there? what did she say?
Hern. She (the Girl) said she took the Quill of Wire out of my Drawers, and hid it behind the Bedstead 'till Sunday; then she took it out, and her Mother was to meet her at St. Luke's, which she did, and her Mother went home directly, and the Girl went into the Church. The Girl told the Justice that her Mother set her on; next she told the Justice, that she unty'd my Bag, and took two Quills, and hid them in the same Place that she did the Silver Wire ?
Q. Did she deliver that at Cripplegate Church?
Hern. Yes, she gave it her.
Q. Have you any thing more to say? Did the Mother say any Thing?
Hern. She denied it positively. I ask'd the Girl before the Justice; Mary, did not you tell your Mother on Easter Sunday the Grief and Trouble I was in? Yes, said the Girl, Mother you know I did.
Hern. I was before the Justice with the Girl, and she own'd she robb'd her Mistress of the three Quills, and gave them to her Mother, that was all. The Child is but thirteen Years of Age.
Best. On Friday the 9th of this Month I was going by an empty House of Mr. Moor's, at the End of Finch-Lane in St. Martin's in the Fields. Some of my Neighbours told me, there was a Person had brought some Lead out of the House: I went up to him, as he was standing with some Lead in his Hand. When I came to him, he said he was sent for it. I ask'd him if he had any Key; he said, No. I then said, Are you sent to get in at the Window? He said, he was sent for it by a Person in St. Giles's.
Q. What Lead was it that you found in his Custody?
Best. It was Part of a Leaden Gutter; it might be about 50 or 60 lb.
Q. What then?
Best. He told me he would not stay, he insisted upon taking the Lead away. I turn'd myself about, and seeing many of my Neighbours there, I ask'd them what I should do; they advis'd me, by all Means, not to let him go. I was speaking about sending for Mr. Pearse the Constable, and soon he came, and I charg'd the Constable with him.
Q. Do you know any thing more of this Matter?
Q. Did he confess any thing before Sir Thomas?
Best. Yes, to his Clerk.
Court. What were the Clerk's Words?
Best. He said, Do you acknowledge the stealing of this Lead. He then immediately down'd upon his Knees, and begg'd that I would shew him Mercy. He said it was Necessity that drove him to it.
Q. What Time of the Day was it he enter'd this House and took the Lead?
Best. About Nine o'Clock.
Q. Did he appear frighten'd like a Thief when he was taken?
Best. The Prisoner said he was in Liquor, and could not tell what he did.
214. Rebecca Wooley was indicted for stealing a Brussels Lace Handkerchief, a Damask Napkin, a Silver Spoon, a Silver Tea Tongs, and one long Lawn Apron , the Goods of Lucey Jones , the 15th Day of March .
Jones. She was my Servant , and these are the Goods I produce, that she robb'd me of upon the 14th of March.
Q. What were the Things that she took? what are those Things in your Hand?
Q. And how came you by these Things again?
Jones. She brought them, my Lord; I sent for a Neighbour, and he made her believe he was the Constable; at last she told me she would bring the Things if I would forgive her.
Q. Did she go away when she robb'd you, or continue with you?
Jones. She continued with me 'till the next Day, my Lord.
Q. Then she continued with you when she produced the Things?
Jones. Yes, my Lord; she took them the 14th, and brought them the 15th.
Q. Where was it that she own'd she took them?
Jones. At my House, my Lord; I carried her before Sir Thomas the 15th of April.
Q. How came you not to carry her before some Magistrate before the 15th of April?
Jones. My Lord, I had forgave her, but she grew very bad: She went to one Mr. Lawrence, and took up two Gallons of Brandy in my Name, &c.
Prisoner. Madam, Did I not serve you very justly before? if I had had a Mind to have robb'd you, I could have done it every Day.
Jones. Please you, my Lord, she lived with me about five Years and a half ago, and the second Time I took her, she was not with me above a Week before she robb'd me.
Jones. Mrs. Jones came to my House the 15th of March last, and desired me to come to her House, that her Maid had robb'd her; I went to Mrs. Jones about Eleven or Twelve o'Clock; when she open'd the Door, she said this is your Prisoner, you must take Care of her.
Q. What are you?
Jones. I was to make the Prisoner believe I was the Constable; upon that I said, young Woman, what made you rob your Mistress of a Silver Spoon, &c.? says she, I know nothing of it. I said, don't you know the Consequences of it? I would have you give your Mistress the Spoon, &c. and I will not have you before Sir Thomas De Veil . At last of all she beckon'd to her Mistress, and went into the Passage, and her Mistress came in with wringing Hands, and said, here's my Silver Spoon, 'tis upon her, and the Tea Tongs that I knew nothing of.
Q. Was the Spoon produced?
Q. Who produced it?
Q. Was there any Thing further ?
Jones. Yes, a great deal; I told her to mention all, and her Mistress would be favourable to her.
Q. Were there any of these Things produced?
Jones. Yes, the Spoon, Handkerchief, &c.
Q. Did she say any Thing further? or have you any further Evidence against her?
Prisoner. No, my Lord, I have no Questions to ask.
White. I accidentally came into Mrs. Jones's, the Prosecutrix.
Q. What was it you heard?
White. I heard her Mistress tell her to produce the Things, and she would be very favourable to her.
Q. Was there any Thing produced while you was there?
White. She produced the Napkin, Spoon, and Tea Tongs.
Q. Was there any Thing said after she beckon'd her out and came in again?
White. No, my Lord, but she begg'd that her Mistress would forgive her.
White. Did you hear of any Thing being asked about the Spoons?
Prisoner. I asked how many Spoons there were?
White. I said there were three in the Beauser; then the Prisoner said I shall have a sad Haliobiloo, for there are but two.
Q. Was there any Promise made to her to produce that Confession?
Webb. None, as I heard of.
Prisoner. If I had had a Mind to rob my Mistress, I could have done it every Day.
Seamans. Last Saturday Night, coming from Bishopsgate-Street, there was a Woman that said to me, Whither are you going? I said, going home. She ask'd me if I would give her a Glass of Wine? I said it was too late, it was Time to go home. There were to or three of them; I saw them stoop down and speak to one another. I put my Hand to my Pocket and found it turn'd out.
Q. You say there were two Women, How do you know it was this? it might be the other.
Seamans. It was not the other Woman, she was not so near.
Q. How much Money had you in your Pocket?
Seamans. Five Shillings and Sixpence, my Lord, and no more.
Q. Had you no Notion of their picking your Pocket?
Seamans. No, my Lord, 'till I saw them looking down to the Ground.
Q. What Mistruit could you have by seeing them looking down to the Ground ?
Seamans. I then clapp'd my Hand to my Pocket.
Q. What Company had you been in before?
Seamans. I was in Company with some young Men; my Master's Son, and several of us, were at a Merriment on the Account of a young Man's being out of his Time.
Seamans. At the Helmet in Bishopsgate-Street.
Q. Can you take upon you to say that you was entirely sober ?
Jeffreys. When I came out of White-lion-Court there was nobody there then : I said to him, when he had charg'd her with picking his Pocket, Are you sure that she has it; did not you go by the Watch-house as she was going to it? She said she had chang'd a Guinea in Leadenhall-Market. I never saw the Woman in no ill Company in my Life.
Prisoner. My Lord, I had been to a House to meet my Husband : When I went there my Husband was sent for, and could not come home with
Walker. I never saw her before the Saturday Night she was taken up. I had been to a Friend of Mr. Dun's; and as Mr. Dun, and another Man, that went along with us, were coming by St. Michael's Alley, near the Exchange, we saw a Man with a Woman up in the Gateway; as soon as they heard us the Man got his Breeches up as soon as he could, and the Woman run away towards the Exchange; and there was that young Woman at the Bar, who was about seven or eight Yards towards Cornhill; this young Man runs to her, and says, You are the Person that was along with me up in the Alley. She declar'd her Innocency. Then the Prosecutor said, You are a Confederate with her, if you are not.
Dun. No, Sir; I do not remember her. I remember Mr. Walker the Butcher, and I were coming from Covent-Garden; Hyp, says he, here's somebody up the Alley; said I, Never mind that, come along about your Business. A Man and Woman was there; the Woman run from the Man, towards the Exchange, as if the D - I drove her: He was shuffling, as we thought, to put up his Breeches. When he run to this Woman he said, They are all Whores alike; I'll keep this Woman 'till I find the other.
Walker. I came by a Subparna.
Q. Who sent it to you?
Walker. I don't know.
Q. Where do you live? (also to the other Witness ) How came you here, Mr. Dun?
Dun. By a Subparna.
Q. Pray did you go before the Justice with these People ?
Court. Then you went away about your Business.
Dun. Yes; but the next Day I went to the Compter, and I saw the Woman crying in the Place; she desir'd me to leave her my Name and Place.
Q. Did you know her?
Dun. Yes, my Lord; I took particular Notice of her Face?
Q. How long was you by?
Dun. I believe about five or six Minutes.
Q. If it was so unjust a Charge, Why did you not go before the Magistrate?
Dun. I had something else to do.
Court. That is every one's Business, &c.
Q. What is your Business, Walker?
Walker. The last Business that I kept was a Publick House; but I have been out of Business for near a Twelvemonth. I now kill for the Butchers.
Blair. My Lord, she is my Mantua-maker; She brought me home a Gown on Saturday Night. She expected her Husband to come to her. I have known her ever since she has been married to Mr. Fox. She waited at my House 'till Eleven o'Clock. She has work'd for me near three Years. I believe she would not be guilty of such a Thing.
Mannaton. I believe her to be a very honest Woman: I have seen her very industrious; and she keeps her House and every Thing very clean.
Hughes. She has work'd for my Wife for about two Years and a Half: I believe her to be a very honest Woman.
Q. Do you know her Husband?
Hughes. I was an Officer as well as he.
Holland. I keep a Chandler's Shop in Katherine-Wheel-Alley, where Mrs. Fox lives; I have known Mrs. Fox four or five Years, and she has made Mantuas for me about three Years, and never heard but she was a civil Neighbour, and a good Woman.
Kitchen. Yes, very well.
Q. Pray what's her general Character?
Kitchen. Her Husband's an Officer belonging to Whitechapel Court. She always had a very fair Character, as far as I have heard.
Burton. In Red Lion Street, Whitechapel; my Husband is a Bricklayer.
Q. Do you know Mrs. Fox, the Prisoner, at the Bar, what's her general Character ?
Burton. A very good Character. She is a Mantua-maker , has made for me, and several of my Acquaintance. I never heard any Thing ill of her in my Life.
Samuel Prigg , late of the Parish of Christ-Church , was indicted for that he, not having the Fear of God before his Eyes, and being mov'd by the Instigation of the Devil, on the 6th of May, with Force of Arms, on Thomas Girl , feloniously, with Malice Aforethought, did make an Assault, with an Iron Penknife, upon the Right-side of the Belly of the said Thomas Girl , and give him one mortal Wound, the Breadth of six Inches, whereof he died .
Burroughs. My Lord, I saw him stab him; my Lord, I will tell you what I saw pass. I saw the Prisoner at the Bar and Thomas Girl disputing together. My Lord, I was Tapster at the Ship and Anchor in Wheeler-Street, Spittlefields .
Court. Now tell us what past.
Burroughs. They had been disputing, my Lord, together.
Q. Who was there besides them?
Burroughs. All these Witnesses. They charg'd one another with Sodomitical Practices. The Deceas'd desir'd him (the Prisoner) to quit his Company; he said he would not: With that he did but come into his Company again, and in about ten Minutes Time he stabb'd him.
Q. Then you was backward and forwards, and not in the Company. Upon what Occasion were they met together, or was it any publick Time?
Burroughs. It was what they call a Chair-Night. The young Men in the Neighbourhood come frequently to that House. These two quarrell'd and wrangled with one another for the Space of Three-quarters of an Hour.
Court. They charg'd one another with Misbehaviour; What past about that Time?
Burroughs. I was leaning over the Suttle while they were wrangling.
Q. What did the rest of the Company do, did any body interpose, or say any thing to them?
Burroughs. The Prisoner at the Bar, he had a Penknife in his Hand, that no body could discern : I did not see him give the first Stab. He gave him a rip up, and he fell back, and said, Oh! Oh! Then the Prisoner at the Bar, after he had ripp'd him up, gave him three or four Punches in the Breast with his Double-Fist.
Q. You said just now that the Prisoner had gone out of the Company; How long was it after he return'd that this Misfortune happen'd?
Burroughs. I believe about six or seven Minutes.
Q. Was you there when he came into the room again?
Burroughs. All the Time, my Lord.
Court. When the Deceas'd got up to go out of his Company the Prisoner then stopp'd him.
Q. Was the Deceas'd upon his Legs?
Burroughs. He mov'd, and came towards the End of the Table; then the Prisoner ripp'd him up.
Q. What did the Deceas'd say?
Burroughs. He said he must quit his Company, or he should get out of his.
Q. Now when the Deceas'd said that, and was moving along, what did he say?
Burroughs. I did not hear him say one Word.
Court. You describ'd the young Man as leaning back, and crying, Oh! Oh!
Burroughs. I did not think he was stabb'd: They came out when he was hitting of him, and had, as it were, all the Room to themselves.
Q. Now before the Prisoner went out the first Time, what past about the Prisoner's leaving the Company.
Burroughs. The Prisoner was persuaded to leave the Deceas'd's Company; then afterwards he came again.
Q. When the Deceas'd fell down, was it any Distance?
Burroughs. The Prisoner follow'd him two or three Steps, and stabb'd him in the Breast.
Q. What did you do then?
Burroughs. Immediately seiz'd him, as soon as he had struck him. I twisted his Arms when I laid hold of him; and he said, Let me go, or I will stab some of you.
Q. When the Deceas'd came to go out at the End of the Table, as you have been describing, Did he strike the Prisoner, or was he in a Temper of Striking?
Burroughs. My Lord, he spoke with all the Mildness in the World; said, he would not stay in his Company if he continued wrangling.
Q. Did he strike the Prisoner?
Burroughs. No, my Lord.
Q. Did he justle or push him, or any thing to provoke him? Then he was not come up to him to strike; which would be very material. Did the Prisoner do any thing to hinder the Deceas'd's geting out.
Burroughs. I never saw any thing but the Stabs upon the Breast.
Q. Do you know any thing else relating to Circumstances? Had you any Discourse with the Deceas'd after he was wounded.
Prisoner. No, my Lord; but he has said Things that are not true.
Q. What has he said that is not true.
Prisoner. I can't remember what he has said.
Burroughs. I never saw the young Man that is dead, nor the Prisoner, before.
Court. You say he struck him four or five Times; Did you see the Wound? Did he strip off his Cloaths? Did you see the Wound ?
Burroughs. My Lord, I saw his Bowels; I saw the Shirt that was bloody; he pull'd it up, and his Bowels came all out.
Q. When you took this Penknife out of his Pocket, did it appear to be bloody?
Burroughs. My Lord, I did not take it out of his Pocket.
Merrit. I was in the Company from the Time it began, to the Time of the unhappy Accident.
Q. Was you acquainted with this young Man? You was all of a Club, was you?
Court. Tell us what past previous to this Misfortune.
Merrit. The young Men, the Society, newly came from another House; they are Neighbours, and such like, together; and the Landlord offer'd to give us an Entertainment. We came to Supper after we had left Work. A little while after we had been there, the Prisoner at the Bar came along with another Man up Stairs; they were ask'd to sit down before Supper, which accordingly they did. By and by the Deceas'd came into the House, and enquir'd for Mr. Church; but a young Man said he would bear him Company 'till he came, he believ'd it would not be long. After Supper was over the Prisoner went down to the Deceas'd, and came up again; and some Time after the Deceas'd sent up, If any of them had any thing to say to him, they might come down.
Court. Then the Deceas'd was not in the Room?
Merrit. No; the Deceas'd had some Steaks dress'd for himself in another Room. When the Prisoner went down most of us went down with him.
Q. How came you to have any Curiosity to hear ?
Merrit. Because they were accusing one another with Sodomitical Practices. The Prisoner told the Company the Deceas'd was one concern'd in Sodomitical Practices. All of us came down, and stood round the Table. Several Words and Squabbles past between them. The Deceas'd said, Bear Witness what the Man says to me. Please you, my Lord, after several Words had past we went up again; I can't say there was any thing more 'till the unhappy Accident. When we had paid the Reckoning the Prisoner said, Are your Company gone? the Landlord said, some are below and some above. Then said the Prisoner, I'll go and have a Look at them. Now his Friend, one Shaw, desir'd that he would not go; but he insisted upon going in to look at the Deceas'd. Some of the Company desir'd him not to set before the Gentleman, because it would be an Affront to him; so he sat down at the End of the Table; and a great many Things past upon the Subject. At last he turn'd about and said, he would withdraw out of his Company, or else the Prisoner should go away.
Court. Then you had paid your Reckoning above Stairs?
Q. After the first Wrangling who did you leave in the Room with the Deceas'd.
Merrit. There were, I believe, two or three; the Prisoner said he would go and have one Look more at him; and his Friend told him he was afraid. Mischief would come of it: He said these Words, or to that Effect.
Q. You all went into the Room; pray tell what pass'd then?
Merrit. He sat down at the End of the Table; some of the Company desir'd him to get off, telling him he should not sit before the Gentleman, meaning the Deceas'd, but he continued sitting at one End of the Table and the Deceas'd at the other, when the latter desir'd him to withdraw.
Q. Did the Prisoner urge the Quarrel again?
Merrit. Sometimes Words ran high, and sometimes abated; then the Deceas'd desir'd him to withdraw, or he would go into a private Room and talk with any of us; but as for that Man, meaning the Prisoner, he would have nothing to say to him; so some of the Company made an Opening for him, and as he was coming out the Prisoner met him; he lifted up one Hand and with the other made several Motions at his Belly; I did not see the Gentleman make any Return, but cry'd out, Oh! Oh! then he said I am ripp'd; I did not hear him say he was ripp'd up, but I am ripp'd;
Q. Did you take the Knife from him?
Merrit. No, my Lord; but the Gentlemen who were by took the Knife out of his Pocket: When the Deceas'd open'd his Cloaths a considerable Quantity of his Blood and Bowels flew about.
Q. I would ask you the same Question as I did the other Witness: Did the Deceas'd, when he was going out, or towards the Prisoner, come in a Way of fighting, threatning or striking, or did he make any Motion at the Prisoner? You used an Expression just now, I would have you explain it; you said the Prisoner met him, as he rose up he turn'd the Corner of the Table.
Court. Then if he turn'd the Corner of the Table that Way, he was in the Way of the Prisoner's coming out. How far might it be that this poor Man, who is dead, fell back, when the other stabb'd him again?
Merrit. His Body fell back, I believe, near four Feet.
Court. You said there were two Men that sat at the other End of the Table.
Merrit. Yes they did, my Lord.
Q. Have you any thing more to say?
Merrit. No, my Lord?
Church. Yes, please you my Lord, I supp'd there.
Q. Was you of the Company above Stairs.
Church. Yes, my Lord.
Court. Pray give us an Account of this unhappy Affair. Was you by when this Man was wounded ?
Church. When he Deceas'd came in first he sent for me to drink with him; please you, my Lord, the Prisoner at the Bar came down after I had been there a little while, and said, How do you do, Mr. Girl? The Deceas'd said, let me alone, let me eat my Supper in quiet.
Court. Then the Prisoner came down almost as soon as you.
Church. Yes, my Lord.
Q. When he ask'd this Girl how he did, what was the Manner of it?
Church. I could not know the Heart, but I thought it was in a scornful Sort of a Manner. Please you, my Lord, the second Time he came down he began to asperse him very much; they accused one another, and neither of them made any Defence. The Deceas'd desir'd me to go up Stairs and enquire whether any of the Gentlemen had any thing to say to him, if they had he would answer them; with that the Prisoner came down, and another or two with him, when a pretty deal pass'd between both: The third Time when he came down he sat himself upon the Table; after some Words the Deceas'd got up to go out of the Room, whereupon the Prisoner said he would make way for him to go by; but as he was coming out of the Box the Prisoner met him and gave him the Rip: He cry'd out Oh! Oh! Oh! and the Prisoner gave him two or three more Stabs.
Q. Was the Deceas'd in a Posture of attacking or striking the Prisoner at that Time, or was he going out in a quiet Manner?
Church. Please you, my Lord, I saw no Offer of any Blows at all; I did not see him lift his Hand up.
Q. Did you see the Wound?
Church. I saw it; but it was in such a Condition I could not bear the Sight; I believe the Cut was six Inches long, and the Bowels that came out were as many as I could put into my Hat.
Q. How long did he live?
Church. I believe my Lord he liv'd about five or six and twenty Hours. I cannot tell.
Q. Who was the Person that took the Knife away?
Q. The Prisoner says you was sent for him. In what Manner was you sent to call the Prisoner down?
Church. The Deceas'd desir'd me to go up and to say, that if any Man had any Thing to say against him, he desir'd to hear it.
Court. But if I understand you, the coming down of the Prisoner and the rest, was not the Time when the Mischief happen'd, for they all went away.
Court. Now tell me how they came into the Room the third Time.
Church. Please you my Lord, I cannot tell what Reason the Prisoner had to come into the room the third Time.
Mode. We had Supper brought about Eight o'Clock, at the Ship and Anchor. The Prisoner at the Bar came up, and Mr. Shaw along with him: When Supper was brought to Table, I was in Company
Q. Was you there when the Prisoner was in Company?
Mode. Yes. The Gentleman had his Supper, and the Prisoner came in and said, how do you do Mr. Girl, alias Jones; the Deceas'd said I have nothing to say to you, let me eat-my Supper in Quiet; with that the Prisoner went up Stairs. Afterwards the Deceas'd sent up to know if any Body had any Thing to say to him, if they had they might come down; then the Prisoner went down and two or three more with him; with that they were sending and proving for some Time: When we had paid our Reckoning, I saw the Prisoner at the Bar come and sit down at the End of the Table, and they brought a Stool for him; and the Deceas'd said, Gentlemen, I should be glad of all your Companies, except that Man. With that he was a coming out, the Prisoner met him and ripp'd up his Belley, and he fell backward a little, and cry'd Oh! Oh! Oh! With that the Prisoner follow'd him and gave him three or four Stabbs. I took the Knife out of his Pocket, bloody. Some run for the Surgeon, and others to the Watch-House for the Officers.
Q. What Wounds did you see?
Mode. I saw the Wound in his Belly, six Inches and a half long, and three Wounds in his Breast.
Court. And it let his Bowels out.
Mode. Yes, It let his Bowels out.
Buttle. My Lord, we had a Supper at this House; I was there along with the rest of the Company; the Prisoner at the Bar and Mr. Shaw came in, and were ask'd to sit down at Supper; they fell into Discourse about what the Deceas'd said: A Person came up to ask for one Mr. Church; the Answer was, that he was not there; but I was told somebody was gone for him, and he came up, and the Company desir'd if the Prisoner at the Bar could clear himself he would go down, for they were uneasy at having such a Companion; some of us went down with him, when they accused one another Face to Face; tho' neither of them said they were not guilty, but only cast Reflections upon one another.
Q. Where was you when the Prisoner and the Deceased were together the third Time?
Buttle. Please you my Lord, I did not go into the Room with the Prisoner at the Bar the last Time; as we heard Words rise very high, we arose from the Table and went into the Room; when I came into the Room I found the Prisoner sitting upon the Table; in two or three Minutes I saw him sitting upon the stool or Chair; after that I saw the Deceased rise up, and he told the Company they should let him go by, he would not stay with the Prisoner: The Prisoner at the Bar turn'd at the Corner of the Table; I saw him push against the Deceased's Belly, and the Deceased sell back in a sort of a Laughter, ah, ah, ah. I thought it was some Action of their old Way of Discourse; presently the Deceased cry'd my Bowels are out.
Q. Did you see any Knife in the Prisoner's Hand?
Q. Did you see the Wounds afterwards?
Buttle. Yes, please you my Lord.
Duncan. I was in Company, my Lord, at the same Time when Mr. Shaw and Mr. Prigg came. The Deceas'd had accus'd the Prisoner at the Bar: Mr. Shaw said that Girl did not dare to face them. Girl came afterwards into the House, and sat down in a back Room below Stairs. When we heard that Girl was come, some of the Company said to Prigg, that he had as good go down and clear himself; so he went down and several others; so Prigg said to Girl, your humble Servant Mr. Girl, and he look'd at the Prisoner at the Bar, and said, who does he speak to. The Deceased farther said, mind, Gentlemen, what he says of me; with that we all went up Stairs again, and when the Deceased had supp'd, he sent up one Church to tell us, that if any of the Company had any Thing to say to him he would answer them; Prigg immediately said, he should be glad if some of us would go down with him, to hear what he had to say; accordingly we did so, and many Words passed between them; then we went up again to pay our Reckoning; and coming down Stairs Mr. Shaw and the Prisoner went into the other Room to the Deceased; I went in also, and lean'd over the Box to hear their Discourse; The Prisoner at the Bar sat on the End of the Table, and one of the Company said, get Mr. Prigg off the Table, for it will affront the Gentlemen to sit before them; whereupon a Stool was brought him, and he leaned with his Right Hand on the Table, and they talk'd pretty deal. The Deceased said, Gentlemen, bear Witness, I have nothing to do with this Man; and desir'd he would get out of his Company: The Prisoner said, he would sit there, as it was a publick House. The DeceasedJohn Tillen sat next the Deceased, one Thomas Parks sat at the outside, and Prigg sat with his Hand in his Pocket; as the Deceased was coming out, Prigg jump'd up and gave him a Push and he fell backwards, crying Oh! Oh! Oh! He gave him a Wound six Inches. I went to him, he pull'd up his Shirt, and my Hat would not hold the Quantity of Bowels that came out of the Wound; with that some went for the Watch, and others for the Surgeon.
John Nicolas Jecquin . I was call'd about Two o'Clock on Tuesday Morning to come to one that was wounded at the Ship and Anchor; when I came Thomas Girl lay on the Bench with one of his Legs on the Table, when I look'd on him and found two Wounds on his Right Breast, neither of which had penetrated into the Cavity; and, finding his Bowels very cold, I got some warm Water and Brandy, for laying so long they were grown stiff and hard; I reduced them into their Place and sew'd up the Wound.
Q. You did not see the Intestines wounded?
Jscquin. No, the Man was very well at Ten o'clock; that is, found in his Judgment, he was not delirious, but in an Inflammation, a Fever, [the Surgeon was a Foreigner, so did not speak quite intelligible in every Thing,]
Q. Do you apprehend this to be the Cause of his Death?
Jecquin. Only I would observe the Man was a long While before he had been dressed.
Prisoner. I have nothing to say, I commit my Cause to God.
George Williams . About a Fortnight before this Fact was committed, the Prisoner came to my House and ask'd for Mr. Girl, we told him he was not at home; he asked where he was, he said he would search Ormond-Street for him, and wherever he met him he would rip him up and let his fat Guts out.
Q. What Condition was he in?
Williams. He seem'd very sober.
Council. I think this was an Instance of his Madness, to make such a Declaration.
Coates. A Plisterer, my Lord.
Q. Where do you live?
Coates. In Little-Kirby-Street, by Hatton-Garden. My Lord the Prisoner serv'd his Time with me, and work'd with me afterwards for a Twelve-month; but the. Year before he was out of hi Time I was oblig'd to carry him to the Cold-Bath. for an Illness in his Head, and they told me if I did not dip his Head all over he would run mad.
Q. How long was that ago?
Coates. I believe about three Years and Half ago.
Q. When did he work?
Coates. I believe he has not been able to work for some Time: I have seen him lately, and sometimes he has talk'd wildly, and I have taken him to Task as he has been rambling backwards and forwards; he always seem'd a good sort of a Man, and a sensible Man before this Illness seized his Head: I saw him about three Weeks ago, he said he believ'd he should drown himself. I gave him some good Advice, and, then indeed, he seem'd to answer me very well in that Respect.
Hare. I have known him between six and seven Years.
Q. What are you?
Hare. I am a Weaver, by Trade.
Q. Where do you live?
Hare. Next Door to the Prisoner, in Bell-Lane, Spital-Fields.
Q. Have you been frequently in his Company within this Half Year?
Hare. I was with him the last Sabbath-Day at Night before this Affair happen'd, he drank to me, and said your Health; said he I believe I shall never drink with you again as long as you live; I said, Sam, you are beside yourself: And he talk'd very out of the Way Things of making away with himself, &c.
Q. Now I would ask you, whether in that Conversation you had with him he did not understand the common Affairs of Life? How long were you together that Night?
Hare. From Six o'Clock to Ten.
Q. Did you talk of News, &c.
Hare. None at all: We went to Hackney after the Evening Service, and he seem'd to be very melancholy.
Q. Pray tell me whether he did not talk of the Weather, the Fields, and the Pleasures of the Country ?
Q. Who was it going to Hackney, you or him?
Hare. My Lord, his Wife was with him.
Q. Were you going to any Friend of theirs?
Hare. We took a Walk after Sermon for Recreation.
Q. Had you ever heard before of any thing that had happen'd to this Man?
Hare. I know he has not follow'd his Business as he should have done this Year or two; sometimes he would keep his Bed for two or three Days in a melancholy Way, and assign no Reason for so doing.
Q. What do you mean that he did not keep the Business of a Pawnbroker as he should have done?
Hare. Sometimes he would take it in his Head to lie in Bed for half a Day together, then he would come down and go up again.
Q. Who keeps the Books?
Hare. His Wife and his Maid.
Q. Have you not seen him about in his Business, though not so diligent as he should be?
Hare. No, my Lord, I have not seen him of late about his Business.
Q. Do you remember that he complain'd of being over-rared, and went to complain about it?
Hare. Yes; but I believe it is near a Twelve-Month ago.
Ray. Sir, I have liv'd above twelve Months in the Family.
Court. Pray now give an Account of him; how has he been since you came into the Family?
Ray. Sir, at some Times I have observ'd him to be very melancholy; and one Time he drew a Knife out of his Pocket to stab himself while he was at Dinner.
Q. Had he the knife at his Breast?
Ray. Yes. His Wife said, what are you mad? with that she took the Knife from him. When he took the Penknife out of his Pocket he said he would run it through him.
Q. What did you apprehend to be the Matter?
Ray. I look'd upon him to be in a melancholy Way.
Q. Did you look upon him to be at that Time in his Senses, to understand what he was about, or this to be owing to a sudden Start of Passion?
Ray. I took him to be in a melancholy Way; but no body said any thing to him then; there was only my Mistress and I and my Master at Dinner; at the same Time no body had said any thing to him, for he had not been out of the House all Day.
Q. I would ask you, young Woman, what Trade or Business your Master carry'd on?
Ray. My Master is a Plaisterer and Pawnbroker; but my Mistress and I carry on the Business.
Q. Who keeps the Books?
Ray. My Mistress, not my Master.
Q. Who keeps the Accounts of the Family, and receiv'd and paid Money?
Ray. Some times I took out Money.
Q. In general who paid the Butcher, Baker, and the People that you dealt with?
Ray. I sometimes paid them and sometimes my Mistress; What my Master might pay out of Doors I can't say, but he seldom paid within.
Q. But I ask you, whether you ever took him, at ordinary Times, to be one that did not understand what he was doing?
Ray. Yes, when he has come down Stairs and wanted to go out in the Night time.
Q. When was that?
Ray. About three Months ago; and I have very often seen him sit and cry to himself.
Q. What Servants had he in his Way of Business as a Plaisterer?
Ray. Sir, I never saw any that he had.
Q. Then I ask you, upon your Oath, whether he was not at work as a Plaisterer within three Days before this Misfortune happen'd?
Ray. Yes, I believe he did go out the same Day.
Q. Did he come home from Work at Night?
Ray. Yes, Sir, I believe he did.
Q. Did he not dress himself to go abroad, after he came from work in the Evening?
Q. Did you not hear your Master and Mistress both complain that they were too high rated in the Parish?
Ray. No, my Lord?
Q. Do you know any thing of his appealing to the Parish on account of being high rated.
Ray. I know a Gentleman came to our House.
Q. When was it?
Ray. I can't say the Day; I believe it was about Christmas.
Q. Has he any Family?
Ray. No, my Lord, none but a Wife.
Q. Have you been well acquainted with him latterly ? Do you live near him?
Shaw. I don't now; but I have liv'd in the House with him.
Q. How long since?
Shaw. It is about three Years ago.
Q. During the Time you liv'd with him was he then different in his Behaviour from other Men?
Have you since discover'd any Thing?
Shaw. About three or four Months ago he came to my House, between Seven and Eight o'Clock; he came up very quick: I ask'd him why he came so very soon? he did not speak. I said there is something the matter that you get up so very soon; with that he look'd at the Glass, and fell a crying. He ran down, and I follow'd as far as Hackney; when I overtook him he fell a crying sadly. I insisted to know what was the matter.
Q. Did you apprehend he was in his Senses ?
Shaw. My Lord, he has been disorder'd in his Senses near a Twelvemonth: I know he has been several Times going to make a-hand of himself, to drown himself, &c.
Q. How can you tell he was going to drown himself when you follow'd him to Hackney?
Shaw. He was running near Hackney-Marsh, and I know that he was about to make a-hand of himself. At some Times he would talk of strange Things, that we could not understand.
Q. I Would ask you, Have you look'd upon him, these two or three Months last, to be in his Senses, or out of his Senses?
Shaw. Out of his Senses.
Q. How often may you have been in his Company within this Month?
Shaw. Seven or eight Times.
Q. Did he behave like a Madman?
Shaw. He us'd to have very slighty Airs.
Q. Had he any Money in his Pocket when you went to the Alehouse?
Q. Did he ever mistake in his Reckoning?
Shaw. I believe not.
Q. Let me ask you another Thing; I believe you was in Company that Night.
Shaw. Yes, I was, my Lord.
Q. How came you there?
Shaw. We were both invited to Supper at that House.
Q. Where do you live?
Shaw. I live in the Hamlet of Bethnal-Green.
Q. Where does he live?
Shaw. He lives in Spittalfields.
Q. I would ask you, whether, when you call'd him, you did not see him dress'd.
Shaw. When I spoke to him, he said he was going to that House, and I told him I was going there too.
Court. Then he knew that very well.
Q. When you came into the House, did you go into the Company.
Shaw. Yes, my Lord, we supp'd there, and there was a Noise; they said there was a Man come into the House that had something to say to the Prisoner at the Bar; when he came he spoke something to him. As to Particulars, there was such a Noise, that I cannot relate.
Q. Let me ask you whether the Prisoner did not maintain his Dispute with as much Understanding as any of the Company?
Shaw. I can't give any Particulars of that.
Q. Did you not hear him and the young Man that is dead reproach one another? Now the other Witnesses, several of them, have said that the rest of the Company were listening, and attentive to hear what they charg'd one another with. Can the Prisoner write?
Shaw. I believe he can.
Q. Does he write any Letters?
Shaw. Yes; I know he has wrote one Letter, the Letter he sent to the deceas'd Gentleman.
Q. Did you read that Letter?
Shaw. No, my Lord.
Q. Who carried that Letter?
Shaw. I carried it to a Tavern.
Fox. I have known him from a Child; and for these latter six Years I have been very intimate with him.
Q. I would ask you how he has been for these three or four Months past?
Fox. He has had his Intervals at Times; I have seen him very well at other Times. When his Disorder comes upon him he hares about; by the Help of a Gentleman that has come into my Apartment, we have confin'd him for six or seven Hours together.
Q. Did you take any Observation of him within this Fortnight.
Q. Have you seen him within this Month?
Fox. Yes; he came to me exceedingly confus'd: I said, What is the Matter, Mr. Prigg? he said, Don't ask me, Good by to you, good by to you.
Fox. I have seen him all of a sudden break a fine Piece of China; then he has gone up Stairs and thrown himself upon the Bed.
Good. I have been acquainted with him many Years; I have been acquainted with him latterly more than formerly; I have seen him within a Month at least.
Q. Did you observe any thing in him different to his former Behaviour?
Good. I look'd upon him to be very wild with his Eyes, and very melancholy, and like a Person out of his Senses. About half a Year ago he came to me in a very melancholy Way: I endeavouring to know what was the Matter; at last he turn'd himself about, Good by, you will never see me any more alive; I'll drown myself. With that I caught hold of him, and cry'd for Mrs. Fox to help me to keep him from making away with himself.
Q. Do you know any thing later?
Good Last Saturday se'nnight he came and look'd very wild with his Eyes; he threw himself about, but did not sit down; he look'd very strange; he said he was not very well. I ask'd him if his Wife and himself would come and drink a Dish of Tea with me on the Sabbath-Day; with that he look'd in the Glass, and turn'd himself round, and went out as fast as he could.
Humerston. I have been acquainted with him for some Years; but I have not seen much of him within these two or three Months.
Q. Have you any Reason to think he was different to was he was formerly.
Humerston. He was something phrenzical; he said he was weary of Life.
Court to Charles. Do you know the Prisoner?
Have you been lately acquainted with him within this Month or two? Do you look upon him to be a Man in his Senses, or out of his Senses?
Charles. I have shav'd him for this two or three Years; he always behav'd very well, and paid me for what I had done for him.
We think it may be acceptable to give some Hints of his Lordship's Charge to the Jury, upon this melancholly Cafe.
- What Condition of Mind, or Understanding the Prisoner appear'd to be at the Time this Fact was done; they all of them say that his whole Behaviour was sensible in what he went to do; that he reproach'd the Deceased the same, as the Deceased did him; and all his Actions appear'd to them as cool and as sensible, as any other Person in the Company. The Witnesses were call'd out, and all gave the same Account; they always look'd upon him to be a Man of Understanding. Gentlemen, this is the Evidence to maintain the Indictment. The whole Defence made against it is, that he is a Man that has lately lost his Understanding, has been beside himself, and 'tis open'd by him, or his Council, that this is to be look'd upon as an Act of an Irational Man, who did not know what he said, or did, and is not to be answerable for any Consequences. I must tell you, that in Point of Law, a Man void of all Sense and Understanding, so degraded to the Condition of a Brute, is no more answerable for such a Fact, than the Instrument by which he does it; but then it must be one void of Reason and Understanding, and one known to be so. But if a mad Man happens to be so at particular Times, and has lucid Intervals, as we know such Persons have, if at that Time they commit any of these Facts, they are as much answerable for it, as Persons that were never in that unhappy Condition: Whether that is the Condition of the Prisoner at the Bar, you must determine upon Evidence on both Sides, in order to prove that he is not to answer for any Thing he does. Thomas Coates says, about three Years ago, he fell into a melancholly Way, that he was advised to dip his Head in cold Water, and that he was under a religious Melancholly, expressed himself frighten'd at what would become of him in a future State. These are Circumstances his Master mention'd; he seems to give a candid and sure Account. - Now, Gentlemen, in all Accusations of Murder, 'tis necessary there must be not only unlawful killing, but by Malice; that Malice may be implied and collected from Circumstances. 'Tis not enough for a Man to say, that he did not intend it, because that would be in the Mouth of the Guilty, as well as the Innocent. In the present Case, the Manner of doing of it, if nothing more, implies Malice. It was secretly cover'd, and most effectually done in the Manner that all the Witnesses have describ'd: Done in a Manner, that no Man could possibly make a Defence against; that is all the Evidence of the deepest Malice. - If on the other Hand there is an Evidence given to you, which induces you to think he was a Man depriv'd of Reason and Understanding, that is an Excuse allow'd by the Law; because unless a Man has Understanding, he cannot be guilty of any Crime; for
* This William May, for several Sessions past, has convicted one or more at a Time, for stealing very small Quantities of Tobacco.
The first Witness against the Prisoner is William Skarf , who says, that the 4th of April at Night, he was set to watch the Lighter of Tobacco, as the King's Watchman. William May he was set as a Watchman in Behalf of the Merchant, in the same Lighter. He said they had a Drink at the Seven Stars in Water Lane, and he went back again to the Lighter at Seven o'Clock; that he found May there with a Candle and Lanthorn, and a Hammer in his Hand: He says the Prisoner May desir'd to let him go on with the Work; accordingly he consented to it very readily, for they were to share it together. He says he did open one Hogshead which lay at the Side of the Lighter; that he took some Tobacco out, what particular Quantity he cannot say. There were two Hogsheads open'd in the whole, and out of both there were 112 lb. taken. After this, that he and the Prisoner May both assisted in carrying of it away, and he says the Place they carried it to was the House of one Ruth Walker , who keeps a Cook's Shop in Harp-Lane. He says the Parcel was carried at three different Times; that they receiv'd 18 s. at one Time, and 18 s. at another. The Witness was asked whether she had any Notice that this Tobacco was stolen; he thinks she knew that very well, that she had often lent Hammers to break them open, and says that he himself made the Discovery of it, voluntarily, before Justice Jones. This Witness was asked by the Prisoner May, whether he was upon Duty that Night; the Answer he gave, that he was upon Duty. The other Question was, whether he had a Candle and Lanthorn; the Answer the Evidence gave, that he had heard May declare, that he had no Candle and Lanthorn, or rather that he was not there that Night.
Sharf (the former Witness) declar'd he made this Confession, voluntarily, before he was taken up.
The Prisoners were call'd upon to make their Defence. May said he desir'd a Person he saw in Court, might be call'd, one John Webb , to prove that there was no plundering in the Lighter; he was asked whether he was Land-Waiter to the Ship Neptune, and any plundering in the Lighter. Webb's Answer, that there was, and he thinks there generally is.
Two or three Witnesses appear'd for the Character of Ruth Walker , and gave her a pretty good one; but Clack, the Constable, was call'd upon for her Character, and he says she is a Dealer in Tobacco, or any Thing; said he, she is sensible, I know it, I have made Seizures as a Custom-house Officer myself.
219. William Russel , otherwise Saunders , together with Matthias Keys , not yet taken, stands indicted for committing a Robbery upon the King's Highway upon William Spear , and feloniously taking from him one Silver Watch, Value 3 l. &c. the 15th of March .
Spear. Please you, my Lord, on the 15th Day of March last I was going home to Chelsea from London.
Q. What Time of the Day?
Spear. Between Six and Seven o'Clock in the Evening.
Q. Was you on Horseback on on Foot?
Spear. They came up to the Coach of Joseph Danvers, Esq;
Q. Who was in the Coach?
Q. The Fire-Engine; where?
Q. Well, what happen'd there?
Spear. There came a Gentleman-like Man up to the Coachman, and held a Pistol up against him, and bid him stand; and when the Coachman stood, he (the Prisoner) came up to the Window on the Left side; then there was another on the Right-hand Side of the Coach came up.
Q. Then the Person that made the Coachman stop was on the Left Side.
Q. Were they on Horseback or on Foot?
Spear. Both on Horseback.
Q. Then what happen'd?
Spear. Him on the Right-hand Side of the Coach demanded my Master's Watch, or he would shoot him.
Q. What were his Words, as near as you can remember ?
Spear. He said, Sir, your Watch, or I will shoot you.
Q. Had he any thing in his Hand.
Spear. A Pistol, my Lord.
Q. What follow'd next?
Spear. Then the other on the other Side demanded of Miss her Watch and Rings, and put his Pistol in at the Window.
Q. Who demanded her Watch and Rings?
Spear. It was one Keys. Master said, I have never a Watch, nor ever had one. Then they stood still; and he on the Left-hand Side of the Coach bid me, I think, look another Way. I did not say any thing to him, but thought of my Watch; and looking down to see if I could see the Seals out, he perceiv'd me, and came up and took my Watch.
Q. What did he say to you?
Spear. He said, if your Master has got never a Watch, I see you have, and I will have it. I said, I hope you will not take mine. Yes, said he, I will, or else I will shoot you.
Q. Do you believe, upon your Oath, that is the Man that took your Watch?
Spear. Yes, my Lord.
Q. How do you know it? how was he dress'd then?
Spear. He was dress'd in darkish Clothes, as near as I can guess.
Q. What Sort of a Horse had he?
Spear. As near as I can guess it was a Bay Horse.
Q. What follow'd after this; after he got your Watch?
Spear. They rode off both towards London.
Q. What Day was this?
Spear. On Saturday, my Lord.
Court. You don't know whether they took any thing from Mr. Danvers or the young Lady in the Coach?
Spear. I did not see them take any thing, my Lord.
Q. Have you got your Watch again?
Q. How do you know it?
Q. What are the Seals made of?
Spear. One is Steel, the other is Brass.
Q. You lost this on Saturday, how came you to have it again on Monday?
Spear. I read on the Sabbath-Day that a Highwayman was taken; and as I was going to Lincoln's-Inn with my young Master, we heard that a Highwayman was taken up, and we would go and see how it was; and when I came to Sir Thomas De Veil 's he told me of the Watch.
Q. Now look upon the Prisoner, and speak like an honest Man. Do you know that he is the Man?
Spear. Yes, my Lord.
Spear. Yes, my Lord. Sir Thomas told me when I went first, to come at such a Time and the Prisoner should be there.
Spear. Yes, my Lord.
Q. What do you know of that Watch?
Brown. Please you, my Lord, the Prisoner at the Bar brought that Watch the 15th of March at Night.
Q. Did you know the Prisoner before?
Q. How came you to know him.
Brown. He brought me a Gold Watch about six Weeks before this?
Q. Did you know where he liv'd?
Brown. No, my Lord.
Q. Was Keys with him?
Brown. Yes, my Lord; but he made his Escape?
Q. What did he say when he brought the Watch to you?
Brown. He ask'd two Guineas and a half for it.
Q. When he brought you this, what did you do?
Brown. I stopt him; for the next Day after he brought the Gold Watch it was advertis'd, I look'd at it that he might have no Suspicion that I would stop him. I bid him a Guinea and a half for it; there was nobody at home, my Master was not
Q. Then when you went out what then?
Brown. I went to one Mr. Pardy just by, and I told him the Case; he came along with me, and went for some Assistance; when I came back again, they had some Suspicion, and I met Keys at the Door; he asked me whether I had found my Master; I said, no, I had been at one Place, and I would go to another; and he said, D - n your B - d, give me the Watch: (I had it in my Pocket to shew it to my Master) I said, I had not got it, I had left it. He said again, D - n you, give me the Watch: With that he put his Hand in his Pocket, and turned himself on one Side; I saw him turn himself, and I whipt across the Way: Upon that the Person I went for, came up. Keys call'd after me, and he went in and call'd the Prisoner at the Ear, and when he came out, the Person caught him in his Arms, and the other made his Escape.
Q. Are you sure this is the Man?
Brown. I have seen him two or three Times; he brought me a Gold Watch; and I know that is the Watch, I have had it in my Custody for six Weeks.
Q. Are you sure this is the Watch?
Brown. Yes, my Lord, by the particular Marks.
Court. You have behav'd extremely well, you deserve Commendation.
Prisoner. In regard to the Watch the young Man that I was in Company with, desir'd me to go with him to pledge it, he not being used to the Town?
Q. What is he?
Prisoner. He was a Vintner, but not in Town.
Q. What are you?
Prisoner. I liv'd with one Mr. Miller, Attorney, in Hare Street, Piccadilly.
Court. I suppose your Master is here, or some of your Friends?
Prisoner. He (the young Man I mention'd before) desir'd I would pledge this Watch; he went off as the young Man had said before. I can't say but I had heard something of his Character before; I doubted he came by it in a clandestine Manner. I went to make my Escape, but I was taken into Custody.
Q. Have you any Witnesses?
Prisoner. I have no further Witness than the young Man that brought the Watch.
Macdore. I believe this is the Man that robb'd my cousin of his Watch at Mims, four Miles beyond Barnet, a Quarter before Four o'Clock in the Afternoon, at Mims Wosh; there were two Men upon two brown Horses came past us in the Wash.
Q. Well, when they came past you, what then ?
Macdore. They came up to us, one took hold of my Cousin's Bridle, and the other came up to me, so they robb'd my cousin of a Silver Watch and Three Guineas.
Q. How do you know that he lost any Thing?
Macdore. I was in Company with him, and saw it. I believe the Prisoner was the Man, but I can't swear it.
Q. That Watch you are sure was the Watch that was taken?
Macdore. Yes, the other Man that attacked me I refused; the Man that robbed my Cousin he said, D - n the Dog, shoot him.
Q. When did you see the Watch again when it was taken in December ? how came you to see it?
Macdore. It was advertis'd; it was at Col: De Veil's; he had also the Key of my Cousin's Bags. The Watch I know, I have had it in my Hand many Times
Q. What is your Cousin's Name?
Macdore. His Name is Macone.
Prisoner. No, my Lord, I know nothing of him.
Biby. The Prisoner at the Bar, the 27th of December last, pledged this Watch to me.
Q. How do you know that this is the Man?
Biby. I know he lived in the same Street with Mr. Miller, who is now moved into Hare Street.
Q. What did he say when he brought it?
Biby. He said I need not look at it, for it was the same Watch that we had last Summer, which he redeemed. I lent him the Money, which was Two Guineas.
Q. I would ask you whether 'tis the same Watch?
Court. Then you don't know but it may?
Biby. Since he has been under Consinement. I went down to him, but he would make no Confession, but said that it was his own Watch.
Q. For whom, and when?
Hollier. I can't directly say, but I believe within these two Years.
Q. What did you sell it for?
Nightingale. About five Guineas.
Russel. That Watch I had made me a Present of by a young Man that lived at my Lord Dunkeith's, who I believe is gone out of Town.
220, 221. William Burn and Mary Kipping , otherwise Merrit , were indicted for stealing one Pair of Blankets, Value 5 s. one Quilt, Value 10 s. 6 d. a Callico Covering, Value 1 s. three Shirts, Value 6 s. two Damask Napkins, a Camblet Gown, Value 5 s. the Goods of Mary White . Mary Kipping is charged as an Accessary.
White. Yes, my Lord, a great deal of Cloaths.
White. Last Sunday was Fortnight I lost the Bed Cloaths all off my Bed.
Q. Are you a married Woman?
White. Please you, my Lord, I am a Widow, and I work plain work. I lost all the Things mention'd in the Indictment.
Court. You lost all these Things?
White. Yes, my Lord, I was in the Kitchen; it was between Nine and Ten in the Morning, and they got into my Parlour.
Q. Do you know how they came to take them?
White. My Lord, this Boy and that Man, they said they robb'd me, the Boy was taken into Custody last Monday was se'nnight.
Q. What's the Name of the Boy?
White. I begg'd of her to confess the Things; but she would not own she had them 'till I got a Search Warrant from Justice De Veil, and we found them.
Q. How came you to discover these Persons?
White. The Boy was in Custody, that was the Way I came to hear of the Things.
Q. How did you hear of the Boy that was supposed to have robbed you?
White. A little Girl, about his Bigness, told me she had seen the Boy at Justice De Veil's that robb'd me.
Q. What did you do upon that Information?
White. My Lord, I went to Justice De Veil's for a Search Warrant, and I found the Things at that Woman's House. I search'd at a House by Cowcross.
Q. When you was inform'd you was robb'd, did not you go to the Boy?
White. Yes, my Lord; the constable went to the Boy, and he told where the Goods were.
Court. So you went to Mrs. Kipping's House at Cowcross ?
White. Yes, my Lord.
Q. When you went to Mrs. Kipping with a Search Warrant, did you meet with her?
White. My Lord, she was in Custody at that Time for another Thing; for other People's Affairs, not mine.
Q. The Prisoner herself was in Custody, and what then?
White. We found all thes e Goods in her House.
Q. But do you know how the Prisoner came by them? Had you ever, at any Time, any Conversation with her? When you found the Goods in her House, what did you do then?
White. Sir, the constable took them away, and carried them before Justice De Veil. He took her up and committed her to Gaol.
Q. What did you sit there for?
Davis. To see if any body would come out, or
Q. And what then?
Davis. We unlock'd the Door.
Q. What then;
Davis. Then we took one of the Sheets, and put all the other Things in.
Q. You had put up these Things, what then?
Davis. Then the Prisoner put them upon his Bulk and came out with them.
Q. Where did you carry them ?
Davis. We carried them to Merrit's, otherwise Kipping.
Q. Did you carry them directly to Mrs Kipping?
Davis. Yes, my Lord.
Q. What then?
Davis. She ask'd what we would have for them; and we told her two Guineas.
Q. Did you say nothing to her when you went in? Did not the Prisoner Burn say something to her?
Davis. No, my Lord. No further than shewing her: He untied them and went up one Pair of Stairs, and shew'd them to her one by one, and she ask'd us what we would have for them; and we told her two Guineas.
Q. Did she ask how he came by them?
Davis. No, my Lord. She knew how he came by them, because he had brought several other Things to her House.
Q. Have you been with him?
Davis. Yes, my Lord.
Q. How often?
Davis. Seven or eight Times.
Q. Did she never ask him any Questions?
Davis. Only ask'd us where we took them from, and we told her.
Q. Did she ask you where you took these Things?
Davis. No, my Lord.
Q. When he ask'd two Guineas, what did she say to them?
Davis. She said she would not give the Money. Please you my Lord, she and her Husband got out of the Bed, and got a Guinea chang'd, and gave us five and twenty Shillings.
Q. When she said she would not give two Guineas, what did she say she would give?
Davis. One Guinea my Lord.
Q. What then?
Davis. He said he would not take a Guinea, so she gave another Crown.
Court. You said something of her Husband's getting out of Bed.
Davis. He got out of Bed and gave a Guinea to change.
Q. What then?
Davis. Then we went away directly.
Q. Was that all that passed ?
Davis. Yes, my Lord.
Prisoner. My Lord he says I open'd the Parlour-Door; it was no such Thing please you my Lord, he (the Witness) went into the House himself.
Prisoner. I would ask whose Money it was I got chang'd for to pay five and twenty Shillings?
Court. He says your Husband gave you a Guinea.
Body. I knew Kipping a pretty While ago. She has not liv'd with this Man but since she has kept this Nursery. We found these Goods that have been mention'd in her Custody.
Q. Are you the Person that serv'd the Warrant? Did she tell you how she came by these Things?
Q. What then?
Body. I told her, Kipping was alive, and he was an Officer, &c.
Q. How do you know Kipping was her Husband?
Body. They liv'd as Man and Wife many Years together.
Prisoner. When you met me on the Stairs did I squeeze you?
Body. I did not say it was you; I said it was James's Daughters, and, my Lord, we found this Fellow, Burn, (the Prisoner) in the Cock-Lost at this Merrit's House: We open'd a litle Place where he sat, and I said to my Brother Constable, shoot him, if he won't come down; with that he came down directly; I got away immediately, knowing what Place we were in being so very near Black-Boy-Alley, and knowing what desperate Folks have been there.
Burn Guilty .
Mary White .
Price. In Drury-Lane: Last Monday Morning was se'nnight when I got up I could not find my Coat, so I put on my Waistcoat and look'd about, but could not find it; I thought my Wife had mislaid it. I went out to the Door; there is a Door backward, which I found wide open; I said to my Wife, we are robb'd. I discover'd that a large Basket of Linnen, which had been look'd up for washing, was gone, and I thought it might have been done by some of our own Lodgers.
Q. Did any of the Prisoners at the Bar lodge with you?
Price. I never saw the Prisoners at the Bar, nor this young Lad, before. I went to Sir Thomas De Veil between Nine and ten in the Morning; I likewise went up and down with a Constable to the Pawnbrokers, desiring them to stop any Linnen that might be brought; in the Interim my Wife had News brought that they had taken one concern'd in the Robbery, which was the Boy, who said the Things were left at Lowry's House, where we found some of them, and told her it was necessary she should go with us before the Colonel.
Q. What did she say to that?
Price. She said she would go with all her Heart, and told us that the other Things were at one Merrit's; but that if we did not make haste they would be gone. We left this Woman and Boy before the Colonel and went to Merrit's.
Q. Did you get Entrance there?
Q. What did you find there?
Price. We found the Prisoner at the Bar; and of the Goods we found a Piece of House-Cloth, a Coat of mine, a Coat of my Man's, and a great many other Things.
Q. Had you any Discourse with Burn or Merrit?
Price. We saw Merrit; but he got down and ran away from us.
Q. What did you do with Burn and Kipping?
Price. We took them before the Justice.
Q. Who first discover'd to you where any of your Things were?
Price. A Carpenter in Short's-Gardens.
Q. What then?
Davis. In the Morning at Two o'Clock she told us it was Time for us to go out; so directly we got up, and went up Short's-Gardens, and as we went up Drury-Lane.
Q. Had you any previous Discourse about such Things?
Davis. No, my Lord; but she knew we went out a Thieving.
Q. Did Burn and you lie together?
Davis. Please you, my Lord, we lay in the same Bed with her and her Husband; when we got up we went up Drury-Lane, where we saw a Door open; so Burn said, stay, here's a Door open.
Q. Whose Door?
Davis. This Gentleman's. He went a little farther in the Entry, and pushing his Hand against the Door it open'd.
Q. Had you any body but Burn with you?
Davis. No, my Lord.
Q. When he had open'd the Door what did he do?
Davis. We went in and saw the Basket full of Cloaths, in a little Wash-house adjoining to the Parlour.
Q. Did you both go into the House?
Davis. Yes, my Lord.
Q. Then he went into the Wash-House? What then?
Davis. We took an Apron and put them all in; we went into the Parlour, there we found a Coat, a Hat, and a white Apron, and we brought them out into the Wash-House and put them into the Apron.
Q. When you got these Things what did you do with them?
Davis. We carry'd them to Katherine Lowry's House.
Q. What Time in the Morning was that?
Davis. Between Four and Five in the Morning.
Q. How long had you been acquainted with Katherine Lowry?
Davis. About a Week; and when we carry'd the Things to Lowry's, he and his Wife, and another Woman that was to have been Burn's Wife, all got up together, and they carry'd the Things to Merrit's House, all of them, except one Coat and Waistcoat, a Couple of Aprons, a Shift that she put on her Back, and a Shirt.
Court. As you all lay together I suppose she made no Difficulty of shifting herself before you?
Q. When you went to Merrit's House who did you find there?
Davis. We found Mrs. Merrit and her Husband; Mrs. Merrit would not buy any of them but the Horse-Cloth, and that she gave 7 s. for.
Q. If she did not buy them, to what Purpose was it for you to carry them there?
Davis. We expected she would have bought them ?
Q. Was the Person at home that was call'd the Husband, Merrit ? Who gave you the Money?
Davis. Mrs. Merrit herself.
Q. What Did you do with the rest of the Things?
Davis. She lent Burn a Crown to give to me for my Share of the Things, and made me spend 2 s. of it.
Q. Did you mention to Lowry or Merrit how you came by these Things?
Davis. Lowry ask'd me where we took them from, and I said Drury-Lane.
Q. When was it you gave an Account of this?
Davis. When I was taken, last Monday se'nnight.
Court. Then you was taken the very Day?
Davis. Yes, my Lord.
Q. Do you remember any thing that he said before Sir Thomas?
Davis. I remember he said he would confess nothing at all.
Wapshot. At Lowry's House; a Sack full of them upon the Stair-Case and some in the Chamber; I found Burn in the Cock-lost; I dare swear he won't deny it.
Q. When you found him there what did you do with him?
Q. Did either of them say any thing to this Fact?
Wapshot. Merrit said he did not know how the Things came into the House.
Q. Have you any thing more to say? Did Burn say any thing to Sir Thomas?
Wapshot. No, my Lord; he had hardly any thing to say for himself.
Transportation for seven Years .
Transportation for fourteen Years .
Martin. The Cannister was stole out of my Shop between Ten and Eleven o'Clock at Night, as near as I can guess.
Q. Did you lose any thing besides the Cannister?
Martin. Yes, my Lord, a Pound of Tea in it.
Q. How came you to have it again
Martin. I pursued him.
Q. Then you was in your Shop.
Martin. No, I was in my Parlour; this Gentleman was with me in the Parlour, and he said to me, the Cannister is gone Sir: Upon his saying this, I went out of the Shop, and this Gentleman overtook him. I took up the Cannister after he dropp'd it.
227. Mary Wyun was indicted for stealing a Silver Tankard, six Silver Spoons, Value 30 s. and 20 Guineas , the Property of Philip Brewit ; but the Evidence against the Prisoner not being sufficient, she was Acquitted .
Thomas Webb was indicted for stealing a Trunk, Value 3 s. three Linnen Shirt, Value 12 s. the Goods of Frances Marras . The Prisoner pleaded Guilty , and appearing a weak inoffensive Man, always bearing a good Character before this Time, and several appearing for him, with a Promise of taking care of him for the future, he was only order'd for Corporal Punishment .
But the Matter upon Evidence proving doubtful, and the Prisoner having a good Character, she was Acquitted .
235. Jane Clark was indicted for stealing two Yard and a Half of printed Cotton , the Property of Peter Bannister , and found Guilty ; but was recommended to the Favour of the Court by the Prosecutor, as he had heard a good Character of her, and believing this to be the first Fact.
To be Whipp'd .
But the Fact not appearing clear, and the Prisoner having a good Character, she was Acquitted .
239. Elizabeth Ellis indicted for stealing three Quilted Peticoats, one Cloth Cloak, seven Linnen Shirts, Value 30 s. three India Handkerchiefs, Value 15 s. three Cambrick Mobs, Value 8 s. four Holland Mobs, Value 6 s. and two Check Aprons , the Goods of James Frazier .
The Trials being ended, the Court proceeded to give Judgment as follows.
Receiv'd Sentence of Death 3.
Receiv'd Sentence of Transportation for 7 Years, 18.
Elizabeth Church 232
To be Transported for 14 Years, 2.
To be Whipp'd 3.
Burnt in the Hand, 3.
The Rebel Prisoners taken at Carlisle, and committed for High Treason, were offer'd to remain.