AT JUSTICE-HALL in the Old-Baily, on FRIDAY December 5, SATURDAY 6, MONDAY 8, and TUESDAY 9.
In the 20th Year of His MAJESTY'S Reign.
BEING THE First SESSIONS in the MAYORALTY OF THE
Printed for J. HINTON, at the King's-Arms in St Paul's Church-Yard. 1746
BEFORE the Right Honourable WILLIAM BENN , Esq; Lord Mayor of the City of London, the Honourable Mr Baron CLARK , Mr Justice ABNEY, Mr Justice DENISON, JOHN STRACEY , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.
1. + Richard Clay was indicted for breaking open, and entring (about One in the Night the 16th of May) the Dwelling house of Francis Wilson of Whitechapel , and stealing from thence one Gun, five Pewter Plates, value 6 s. three Copper Saucepans, a Tea Kittle, value 8 s. a Duffil Coat, value 2 s. one Pair of Leather Shoes, two Horse-whips, one Looking-glass, &c. the Goods of Francis Wilson ; three Guns, value 40 s. and three Bayonets, the Goods of Edward Chester : two Camblet Coats, the Goods of Samuel Martin ; one Box-Iron, the Property of Mrs Ellis ; one Great Coat and Horse-whip , the Goods of
Wilson. No, my Lord.
Q. What have you to say against him?
Wilson. My Lord, my House was broke open.
Q. Where is your House?
Wilson. In White-chapel, at the Green Man opposite the Hay market.
Q. What Business are you?
Wilson. I keep a Livery-Stable .
Q. What part of your House was broke open?
Wilson. The lower Part - the Kitchen.
Q. When was it broken open?
Wilson. The 16th of May, between 12 and 5 in the Morning, they broke one of the Bolts with a Chisel, or something like it.
Q. Did you apprehend any Body got in at the Window?
Wilson. Yes, they strained it till they got it quite open.
Q. What did you lose?
Wilson. Four Guns, four Great-coats, two Camblet Coats.
Q. How many did you lose of your own?
Wilson. One Coat and one Gun, five Pewter Dishes, two Plates, three Saucepans, and a Tea-kittle and Box-iron, four Pair of Boots, and two Whips and a Looking glass, one of the Guns was my own, and the other three belonged to Edward Chester , who is my Landlord.
Q. What did he lose besides?
Wilson. Three swords and a Bayonet, and there was a Great coat and Horse-whip of Mr. Lloyd's, and two Great coats of Mr Martin's.
Q. Did Mrs Ellis lose any thing?
Wilson. She lost a Box iron, and nothing more.
Q. What were Mr. Martin's Coats?
Wilson. Two Great-coats made of Camblet.
Q. to the Prisoner. Will you ask the Witness any Questions?
Prisoner. I never was near the House in my Life.
Collet. Yes, he was with me to commit the Robbery, and break open the House.
Q. What did you do?
Collet. We broke the Shutter open.
Q. Who broke it open?
Collet. Clay and I together.
Collet. Clay went in at the Window, between 12 and 2 in the Morning.
Q. How do you know the Hour?
Collet Because the Watchman went by past 12.
Q. When was it?
Collet. The 16th of May.
Q. How do you know the Day?
Collet. Mr. Wilson told me the Day when he came to me.
Q. What did you take from thence?
Collet. We took out four Guns, and Swords, and Bayonets.
Q. How many Swords?
Collet. Either three or four I cannot say which, and four Coats, and Pewter, and Brass, and Box iron, Shoes, a Pair of Boots, and Whip.
Q. What did you do with them?
Collet. Sold them the next Morning to Mr Buckland, at the Rising-Sun.
Q. Where is Buckland, is he here?
Collet. No, my Lord.
Q. Where does he live?
Collet. In Long lane, at the Rising Sun, he keeps an old Clothes Shop.
Q. What did you sell all these things for?
Collet. For six Guineas.
Q. What became of the Money?
Collet. We shared it among us, Clay and I, and Robert Lake, who was tried the last Sessions.
Q. Did you share it equally?
Q. Had you no Quarrel with this Man?
Q. What Business did you follow at the Time you went upon this wicked Employment? How came you to go into it?
Collet. Clay was confined in Newgate for an Assault, and came-out last April, and came and persuaded me to go with him and Mecum, who was cast the last Sessions.
To the Prisoner. Will you ask the Witness any Questions?
Prisoner. I have no Question to ask him; I know nothing of it.
Q. to the Prisoner. What have you to say for yourself?
Prisoner. I never went a thieving in my Life.
Q. Have you any Witnesses.
Prisoner. I have none.
Guilty of the Felony 39 s. but acquitted of the Burglary .
2, 3. + Richard Clay and John Mathews indicted for a Burglary, breaking and entring feloniously the Dwelling-House of John Hillier of White-Chapel, about the Hour of One in the Night, and stealing from thence two Linnen Aprons, value 1 s. a Table Cloth, value 1 s. two Linnen Handkerchiefs, value 9 d. two Pewter Plates, value 3 s. 1 Brass Pepper-Box, 1 Gun, value 7 s. and several other Goods , the Property of the said John Hillier , the 6th of June .
Q. Do you know any Thing of either of the Prisoners that are here?
Hillier. I saw Clay the Day that he was taken, and Mathews I saw the 23d of November.
Q. What have you to say against them?
Hillier. My House was broke open the 6th of June, at Night. I went to Bed about Ten o'Clock, and about Two the Watchman called me up, and I found the House was robbed.
Q. What Part of the House was broke open?
Hillier. They opened the Shutter, and cut out a Square of Glass; then they put in their Hands, and opened the Casement. It was pulled to when I came down, but not fastened.
Q. When you went to Bed, did you see the Window fast?
Hillier. Yes, my Lord, I went last to Bed, as I always do.
Q. What is your Family?
Hillier. I have a Wife and three Children, the eldest about Thirteen
Q. What did you lose?
Hillier. I lost a Cotton Gown, three Shirts, two Shifts, one Table-Cloth, two Aprons.
Q. Where were all these Things?
Hillier. In the Kitchen, my Lord.
Q. What besides?
Hillier. A Pair of Worsted Stockings, two Handkerchiefs, four Brass Candlesticks, two Pewter Dishes, six Plates, one Pepper-Box, a Skimmer, and a Gun. I have the Gun in Court. I was told the Gun was in Chancery Lane; afterwards I heard it was at Mr Body's, at the Mulberry-Garden.
Q. How came the Gun at Bridewell?
Hillier. I cannot tell
Q. Who delivered it to you?
Hillier. Mr Body.
Q. Where does he live?
Hillier. At the Mulberry Garden.
Q. Where did you at first see the Gun?
Hillier. In Bridewell
Q. What became of it afterwards?
Hillier. Body had it, and has brought it into Court.
Q. What particular Marks has it?
Q. What became of the other Things?
Hillier. I do not know of any Thing else, but what Collet told me, my Lord. When I saw Mathews on Sunday was Sev'night, he offered to make me Satisfaction for my Loss, if I would not appear against him.
To the Prisoners. Would you ask him any Questions?
Prisoner. I never saw him in my Life.
Collet. My Lord, Clay and Mathews were with me to break the House open the 6th of June last, between Twelve and Two in the Night.
Q. Whose House open?
Collet. Mr Hillier's.
Q. How was it broke open?
Collet. Clay turned the Pn round, and the Key dropped out; then Clay opened the Shutter, and cut the Lead away to take a Pain of Glass out; then he opened the Casement, and then opened the Door, and let us all in, Mathews and I, and Mecum that was cast the last Sessions. Then we took a Parcel of Linnen, Shirts and Shifts, Pewter and Brass, and a Gun.
Court. One Man could not carry all these Things.
Collet. There were four of us, my Lord.
Q. Where did you carry the Things?
Collet. They were carried into the Minories, to the Place where I lived, and the next Day Mathews carried them to sell, all to the Gun, and went away with the Money, and did not return for three or four Days. I cannot say what he sold them for.
Court. So it was not shared?
Collet. He kept it all to himself.
Q. What did Mathews do in the House?
Collet. Mathews helped to take the Things away.
Q. What became of the Gun?
Collet. The Gun Mecum and I hustled in the Hat for, and he had it, and it was found in Mecum's House in White-Cross-Street, a Place called Foster's Buildings. Mathews spoke to me at Bridewell out of the New Prison, (it was so near we could speak to one another) he desired I would not swear against him, and he would give me ten Guineas, and that he would stand his Chance of any Thing else. He told me he had been transported two or three Times by the Name of John Hebar .
To the Prisoner Clay. Will you ask the Witness any Question?
Prisoner. I have known him a great while, he wears against me for the Sake of the Reward.
Body. My Lord, I have nothing to say against the Prisoners at the Bar, any farther, than that I had a Search-Warrant to search Mecum's House, and we found several Sorts of Goods, and the Gun was thrust into the little House. One Harris went with me, and first entered the House, and had a great Scuffle with Mecum till I got in, there we found this Gun, upon which he was convicted the last Sessions.
George Harmon . About Two o'Clock the Watchman awaked me out of my Sleep; he said the Door was open; so when I came down, the Door was open, and the Watchman at it. Says Mr Hillier, I am ruined and undone. I said I am sorry for it, as you are an honest Man; I saw the House open, but I cannot charge any Body with it: But I was along with Mr Hillier when Mathews was taken. I went last Sunday was Sen' night, at Night, to see Mathews. When I came to him, I asked him if he knew Mr Hillier; he said he knew nothing of him; I said you are charged by Collet with a Robbery. Mathews called me aside and said, as you are a Friend of Mr Hillier's, guilty or not guilty, it is laid to my Charge, if you will get Mr Hillier not to appear against me, I will make him Retaliation for his Loss. Mr Hillier said he would not take any Bribes on any Account, but would do as the Law directed.
Ducker. Sir, I never knew Clay to wrong Man, Woman, or Child; I have dealt with his Father and Mother before him. I hawk the Country, and use to buy Goods of him.
Q. Where do you live?
Ducker. I live in Old Bethlehem, I never saw an unhandsome Action by the young Man in my Life.
Sarah Sealey . Mr. Collet's supposed Wife desired me to go to see the Prisoner, and I heard Collet say, he wished the Prisoner at the Bar (meaning Mathews) at Hell before he had been took, for he believed he was about to hang an innocent Man.
Q. Where was it that he told you this?
Sealey. As I was sitting in New Prison.
Q. Where do you live?
Sealey. I live in Half-moon Court.
Collet. My Lord, she went to lay with Mathews several Times in the Prison.
Q. to - Cordozo. How long have you known the Prisoner Mathews?
Q. Where do you live?
Cordozo. In Hounsditch.
Q. What is your House furnished with?
Cordozo. With Furniture, as other Houses are.
Q. How ca me you to let him Lodgings?
Cordozo. A Neighbour desired me.
Q. What Business did he follow then?
Cordozo. I never saw him in any Business, but in a Sea-faring Dress. He use to make trading Voyages as far as I know.
Q. Was you ever desired to set the Prisoner? Was you ever desired or directed to watch that Man upon any Occasion?
Cordozo. For the setting Part, I do not know any Thing of it; indeed I was to send a Man to him; but to say I knew of his returning from Transportation, I cannot say.
Q. I ask you whether any Person directed or advised you to assist them in taking Mathews? I will make you answer me yea or no.
Cordozo. I was sent in that Shape, it is true. I was to send a Man to him at an Inn.
Q. What was he to be taken for?
Cordozo. Nothing but for returning from Transportation. [This Witness had before very much prevaricated in his Evidence, and was sharply reproved by the Court.]
Q. Where do you live?
Buxton. I kept a Glover's Shop the Backside of St Clement's. I now have let the House, and am a Lodger myself.
Q. Was he a Sea-faring Man then?
Buxton. He said he had been at Sea.
Q. What Business did he follow at that Time?
Buxton. I do not know that he followed any Business, but a Sea-faring Man.
Williams. Two or three Years.
Q. Did you ever live with him?
Williams. I washed his Linnen; I have seen him several Times in Sailor's Cloaths.
Court. Then you never lived with him?
Q. Where did he lodge when you washed his Linnen?
Williams. He lived the other Side of the Water?
Collet. A common Whore about the Street every Night.
Q. What do you say of Cordozo?
Collet. I know nothing of him, but only that Mathews desired me to go to lick him, for going to set him, and he made his Escape, that we could not meet with him.
Collet. Yes, she is a common Whore.
Collet. She is a Whore, I have seen the Prisoner ( Mathews ) and her a Bed together divers Times in Gravel-lane. She goes by the Name of Cockspur Moll.
Q. to Body. What do you say about Cordozo?
Body. This Cordozo was at my House, and eat some Bread and Cheese, and took Part of a Pot of Beer, and went with me and one William Hind to a House in Bishopsgate-street, where Mathews lodged. He told us, that Mathews, and the Girl that lay with him, did not get up very soon. He said, if you will sit here, you will see him come out by and by: Upon this, we sat down, and had a Pot of Beer. This Cordozo was with us at this Time. We had a Charge of Transportation against the Prisoner.
Both guilty , Death .
Starky. This Boy (the Prisoner) came into my Shop about Candle-light, and another Boy came presently after him; they asked for out of the Way Handkerchiefs; I am often attacked by them. I immediately suspected that they were Thieves. They asked for blue Birds-Eyes Handkerchiefs, which, perhaps, are not to be found in one Shop in fifty. They commonly ask for something that would puzzle our. They staid a little while, then went to the Door; and I stepped to the Door, upon the Rails I had some Handkerchiefs, and I immediately missed a Piece. One of the Boys being gone, I laid hold of the Prisoner, but he had not the Handkerchiefs. The Prisoner said, he knew nothing of it himself, but the Boy that was with him was whistling in the Street, and he would go after him; but I said I would secure him.
John Ralph . One Thursday I was going by Mr Starky's Door; he told me, the Prisoner at the Bar had stolen some Handkerchiefs from him. The Boy cried, I asked him if he had any Money to buy Silk Handkerchiefs; he said he had not, but the other had, which he had received for his Week's Work: So he says to me, they are whistling in the Street, if you will go with me, I will take them both. Mr Starky did not know that there were two of them; so Mr Starky said, he had got him, and he would take Care of him.
Q. to the Prisoner. What have you to say for yourself?
Prisoner. A Lamp lighter in Lincoln's-Inn-Fields asked me to go with him to buy an Handkerchief.
Q. Do you know the Prisoner?
Neal. My Lord, I never saw him before he was taken. I missed the Watch the 20th of September, pretty early in the Morning: I had lost the outside Case two Days before. It was a Watch that I had to repair; after I had repaired the Watch, in the Intrim, on Saturday Morning, the Watch that belonged to the same Case, I missed; looking at the Window, I saw a Corner of the Glass cut out, where there was about Room to take the Watch out, with which I concluded the Watch was gone by the same Hand that stole the Case. I thought it was not prudent to advertise it directly. I have often observed, when Watches are lost and advertised, without no Questions asked, they are seldom heard of, and I thought it would look like hiding Theft; for that Reason I determined to wait a-while. I waited ten or twelve Days, when one Mr King, Constable in Bartholomew-lane, called upon me, to know if I had not lost a Watch. He said, if you can go over the Way with me, and drink a Glass, I can tell you something about it. He then told me he had taken up a little Boy, one Mr Lane, and he would make no Scruple to tell the whole Affair. When I came, the little Boy told me he was sorry he had said so much, but he would not say any more. He told me what he had said to Mr King, I might make what Use I would of it, he had said one William Lewin was concerned in stealing a Gold Watch; and after they had stolen mine, they delivered it to one Mary Clements , and they sold it for a Guinea, and they divided the Money. Then I applied to Mr Gardner (from whom they had taken the Gold Watch) first for his right Name, and whether he could give me any Information about it. In a few Days afterwards, Mr Gardner saw the Prisoner go by, and took him: and I do not remember that he pretended, from first to last, to deny it. The next Day we went to the Lord-Mayor, and his Lordship remembered him as soon as he saw him, that it was the same Boy as was before him for Mr Gardner's Gold Watch, and that was tried the Sessions before last. The Boy turns to me and says, he need not be surprized, I have been tried since that at Kingston Assizes. Upon this my Lord granted a Warrant for Mary Clements ; we went to Mary Clements , and she went along with us to the Man that gave a Guinea for it; we took the Man, and the Watch was produced, and the Watch is now in Court. The Watch was taken at Alexander Bagnal 's in Rag-fair.
Thomas Gardner . The Prisoner at the Bar robbed me of a Gold Watch, and I tried him in this Court; my Servant told me that the same Boy that had robbed me of my Gold Watch, had robbed Mr Neal of a Silver one.
Q. Where did he take your Gold Watch?
Gardner. He took it from my Show-glass.
Q. What became of it?
Gardner. I never had it more. The Jury acquitted him. - About three Days after that I heard that Mr Neal was robbed, I saw the Prisoner go by with two others. I took him at the Pastry-cook's buying some Tarts : I took him Home to my House; he immediately confessed he was aiding and assisting in taking Mr Neal's Watch, and told me how he broke the Glass.
Ridley. I saw the Prisoner the 4th Day of October at Silversmiths-Hall, and he owned he was with Mc Lane when he stole the Watch.
Court. Then he said Mc Lane stole it.
Ridley. Yes, my Lord.
Q. Where was he?
Ridley. He was a long with him when he stole the Watch.
Q. What Time of the Day was it?
Ridley. He did not mention what Time of the Day it was.
Johnson. I am Constable where this Lad was taken up. Mr Gardner sent to me to take the Charge of him. I brought him Home to my House; while my Back was turned, he jumped out of the one Pair of Stairs Window - I was told he fell upon his Backside
Thomas Berry . The two Prisoners at the Bar, Elizabeth Mitchel and Eleanor Conner came into my Shop, they came to the further End of my Compter, which at that Time was very much tumbled with Goods. I went to reach them a Paper of Stockings, at which Time, I perceived Elizabeth Mitchel to draw up to the End of the Shop, where she had no Business: They were very difficult in respect to Colour; they said they must have them handsome, and handsome Clocks; then came in a third Woman, upon which I called down my Spouse, they still remained as difficult as before; at last I perceived Elizabeth Mitchel to draw off a Pair of Stockings, and conceal them under her Cloak; and she took up another Pair, and said to Conner, here, Madam, these are a pretty Pair of Stockings, these may do without giving so much Trouble; with that they made a Courtsey, and went out of my Shop; I followed them out, and at the End of the Lane, at the Time that I had them in Custody, then they dropped them, for I saw Mitchel take them up.
Berry. No, She was not called back, because I immediately laid hold of her; I took hold of Mitchel first, and then I immediately went and took hold of the other; there was not a Yard difference between them.
Q. What have you to say to Mitchel? What is the Reason that you did not stop her in the Shop?
Berry. I let her go out of the Shop, in order to prove it more fully upon her.
Bull. In York-Buildings.
Q. What Street in York-Buildings?
Q. What Way of Life has she followed?
Bull. She took in Plain-work, or any thing she could get to do.
Q. How did she behave in your House?
Bull. Exceeding well, as far as ever I saw; always kept very good Hours.
Q. What was her Character?
Martin. I have always known her to have a good one; I never heard an ill thing of her in my Life.
Q. How long have you known her?
Clark. I have known her for two Years and a half. I have been with her for two or three Months together, and she never kept late Hours.
Sarah Scot . I have known Elizabeth Mitchel eight or nine Years: I never heard her Character stained in my Life. I live at the King's-Arms in Catharine-street, she makes Bonnets and Cloaks, and works Plain-work, and I never heard a bad Character of her in my Life.
Q. Where does she come from?
Scot. From Highgate - We were born and brought up together.
Q. Are you a Relation?
Floyd. No, Sir, not at all; she is a very honest Body; she is the same Business as I, a Milliner, she worked for the Shops in Turn-stile, as I work to.
Elizabeth Ward . I have known the Prisoner nine or ten Years; 'tis not above three Months ago that she quilted the Petticoat I have on. She always behaved in a very pretty Manner. I live in Hewet's Court. I keep a Lock-up-house for Prisoners; my Husband is a Marshal's Court Officer. I never heard a dishonest Character of her in my Life.
Both Acquitted .
Henry Francis . The Prisoner at the Bar came into my House this Day three Weeks, about nine o'Clock at Night, and he pushed himself into the Bar with Mr Rigby, otherwise I should not have admitted him into the Bar, on the Account of his mean Appearance. After he had been there a little while, Mr Rigby said he must go Home, and left a Shilling to pay the Reckoning: about a Quarter of an Hour afterwards, the Prisoner bid the Gentlemen good Night in the Bar, and took me by the Hand, and bid me good
Q. Did you see him take the Tankard?
Francis. No, my Lord; but there was some Gentlemen see me take it from him; he concealed it in his Hand.
Court. He could not conceal it, when he tumbled headlong?
Francis. He had it in his Hand when I was under the Stairs.
Q. How long was it before, that you had seen the Tankard?
Francis. My Lord, we had several Tankards in the Bar, several drinking there. He was upon his Backside, sitting upon the Stairs when I took him.
Q. to the Prisoner. Will you ask the Witness any Questions?
Prisoner. My Lord, I was very fuddled.
John Rigby . The Prisoner at the Bar made a great Noise at my Door, the 14th Day of November at Night. I live the very next Door to this Gentleman, the Witness. My Boy heard some-body make a Noise at the Door; he went down and opened the Door, and the Prisoner asked if Mr Rigby was at Home, the Boy answered yes; he said, call him down then, then my Boy called me down, as I was coming down Stairs, the Prisoner said, Is not your Name Mr Rigby, says he, I am come to be taken Measure of by you for a Suit of Cloaths; I said, where do you lodge? he said, I lodge at the next Door, meaning the Prosecutor's House; I said, have you got the Cloth to make the Cloaths? he said no, but he should have it by nine o'Clock in the Morning; I said it would be Time enough to measure him then, but he would not let me rest till I had done it; he said he would send the Cloth to that Gentleman's at the Tavern, at nine o'Clock in the Morning, but he would not let me rest till I had measured him, and then he would not let me rest unless I would take a Tankard of Beer with him at the next Door, so I went into the Gentleman's House, and would have sat down in the Kitchen, but he would not sit there, but forced himself into the Bar; so the Gentlemen were talking about foreign Coin, &c. and he talked with them while we were drinking the Tankard of Beer. I thought it long, it was my Bed-time, and I would go home. I left him in the Bar with the four Gentlemen; about half an Hour after I was gone to Bed, either this Gentleman came himself, or sent some of his Servants to my Door, and said I had brought a Man there that stole his Tankard. True, I did go in with the Man, but he said he lodged there. I never saw him before he knocked at the Door. I imagined that my Neighbour had sent me a Customer.
Philip Scriwen . I am a Peruke-maker, my Lord, the Prisoner came into my Shop, my Servant called me up (I was below Stairs); the Prisoner said he wanted to bespeak a Wig of me. I looked at the Man, and I did not think he was a Person that wanted a Wig. He said he belonged to a Privateer, that he was just come home, and he was going to receive 70 l. behind the Exchange; but seeing the Man so shabby, and I thought a little in Liquor, I did not regard what he said, but wanted to get rid of him, and looked to see that he should not take any Thing from me. At last he says, I will speak with you; he said, it is a sad Thing for a Man to be in Distress; I said it was impossible that he should be in Distress, that was going to receive so much Money so soon. He desired me to lend him a Couple of Shillings; he pressed me very much, but I let him have nothing. I asked him his Name, and he gave me his Name in Writing, that it was Captain James Brown .
To the Prisoner. What do you say for yourself?
Prisoner. My Lord, I have several People to speak for me, that I could send to, but I did not know my Trial would come on. - The only Defence the Prisoner made, was, that he was very much in Liquor.
Guilty, value 39 s.
9, 10. Ann King , otherwise Mitchel , and Mary Buckley , indicted for privately stealing one Silver Watch, value 5 l. one Hanger, value 2 s. the Goods of Bartholomew Christian Walthogen , the 29th of October .
The Prosecutor being a Foreigner, his Evidence was given by an Interpreter.
Q. Ask Walthogen what he has to say against the two Prisoners at the Bar?
Interpreter. He says he saw them before they robbed him, but he has got his Things again.
Q. In what Manner did they rob him?
Interpreter. She took the Watch out of his Pocket, the tallest of them.
Q. Did one of them rob him of both Watch and Hanger?
Interpreter. The tallest robbed him first of the Watch, and the other of the Hanger.
Q. Ask him, if he knew when they did it, and whether he saw them do it?
Interpreter. Yes, my Lord, he did see it when she first took it out of his Pocket. Then she played
Q. How came he in Company with them?
Interpreter. They pick'd him up, and carried him to their Lodgings, then shut the Door upon him.
Q. Which of them pick'd him up?
Interpreter. The tallest pick'd him up.
Q. Ask him how he came by his Things again?
Interpreter. He went down Stairs, then they denied i t; then they throwed him down upon the Floor; then he insisted upon having his Things again; then there came a Matter of four of them, and opened the Door; then they offered him the Hanger, but he would not take the Hanger without the Watch.
Court. I hope he will keep better Company.
To the Prisoner. Would you have him asked any Questions?
Prisoner. I would have him asked, whether he knew that I took it, for I was a Bed and asleep.
Samuel Godwin . On the 29th of October, Ann King and Mary Buckley brought me this Watch; they desired to have a Guinea upon it. I asked her whose it was, she said she would not discover her Friend. Buckley said she would fetch the Man that owned it, when I would not lend her any Thing upon it without; she at first brought in a tall Irishman, to whom she said it belonged. Then she told me it was an Ambassador's Cook in Suffolk-street : But both were cut in their Description of it, both as to the No and Maker thereof.
Q. Will you ask this Witness any Questions? he swears that both of you came together to pawn this Watch. He asked you whose Watch it was, and you told him you would not discover your Friend; whereupon he refused to lend Money upon it, nor would not part with it without knowing the Owner. What have you to say for yourself?
Buckley. He gave me the Watch to keep for a Crown, till he came the next Morning, but I never saw any Thing of his Hanger.
Q. How long has she been gone from you?
Sharp. About ten Weeks ago.
Rebecca Roberson . I am come to speak for Mary Buckley , I live in Spital-fields, in a House of my own; I follow the Pork Business. I have known the Prisoner at the Bar for about two Years, and I never heard any Thing amiss of her.
John Ward . I have known Ann King from an Infant, and the Girl has been an industrious Girl, serving at an Alehouse, and selling Fish, &c. She has been an industrious Girl, and sober as far as ever I knew.
Both acquitted .
Francis Kerton . I was crossing Fetter-lane the 12th of November, between Three and Four o'Clock in the Afternoon, I felt something press very close to me: I put my Hand in my Pocket, and I immediately missed my Snuff-box. I took hold of the Prisoner, she pretended to buckle her Shoe, and dropped the Snuff box behind her.
Q. What was your Snuff-box?
Kerton. Tortoise shell, with a Silver Rim.
Thomas Dowe . On the 12th of November, Mr Kerton came to my Door; I keep an Oil-shop the Corner of Fetter-lane; says he, this Woman has just pick'd my Pocket; I said, why do not you take her up, upon which he took hold of her, and I saw her drop it.
The Prisoner utterly denied the Fact, and said there was a Woman and a Boy along with her: but the Prosecutor declared he saw none. She said she had Witnesses, but they were gone.
12. + Thomas Stephens was indicted for a Robbery committed on the Highway in and upon one Francis Mitchel , did feloniously make an Assault upon the said Francis Mitchel , putting him in Fear and Danger of his Life, and taking from him one Silver hilted Sword, one Hat, and 4 s. the Money and Goods of the said Francis Mitchel , Nov. 24 .
Q. Ask him whether he was robbed, and when?
Interpreter. The 24th of November, at One o'Clock in the Morning.
Q. Where was he when he was robbed?
Court. Ask him to give an Account of the Manner how he was robbed?
Interpreter. The Man that robbed him, seized him behind, threw him down flat upon his Back, and kneeled upon him; then the Man robbed him, laid hold of his Sword, he forced the Sword out of his Hand, and broke his little Finger in the first Joint.
Q. Did he take any Thing else from him?
Interpreter. He took his Hat and Wig, and robbed him of 4 s.
Q. Ask him if there was any more than one?
Interpreter. He says only one. When the Man forced the Sword out of his Hand, he took hold
Q. Was it dark or not?
Interpreter. It was a little Moon-light.
Q. Ask him whether he distinguished the Face of the Person that robbed him?
Interpreter. Yes, my Lord, the Person that robbed him had one of his Cheeks swelled that Night.
Q. Did he observe any Thing else by which he knew the Person?
Interpreter. He had a light coloured Great-coat on.
Q. Ask him the Reason why he says the Prisoner at the Bar is the Man?
Interpreter. He says he is he.
Q. What did he do upon this, did he tell it to any body? How came he to find out the Person?
Interpreter. He pursued him till he was taken that same Night.
Q. Ask him whether he kept Sight of the Thief?
Interpreter. Yes, he kept Sight of him till he was taken.
Q. Where did he take him?
Interpreter. He cannot positively say as to the Place, but he thinks about thirty or forty Steps.
Q. Which Way did the Man run?
Interpreter. He run from him down St Martin's-lane. He says he does not know the Name of the Street.
Q. Which Side of St Martin's was it? Ask him, whether the Man that robbed went towards Newport-street, or the other Way? Did the Prisoner meet him, or overtake him?
Interpreter. He came behind him he says, the Prisoner ran the same Way that went to his House.
Court. Then when he was robbed, and the Man was running away, he followed him?
Interpreter. He cried out continually during the Time.
Q. Did any body assist him?
Interpreter. Mr Webb.
Q. by the Council for the Prisoner. Please to ask him how he could see the Prisoner, when he was assaulted behind? How could he discern his Countenance, when he was down on the Ground?
Interpreter. He observed his Countenance while he was upon him, and when he had hold of his Sword, and he (the Prisoner) offered to stab him with his Sword, and he took hold of the Prisoner's Leather Apron, and he cried for Mercy, Mercy.
Q. Ask him whether he was fuddled, or sober?
Interpreter. He had drank, but he was in a Condition of observing every Thing.
Council. I would ask him, whether he did not draw his Sword upon the Man first?
Interpreter. He had no Time to do it before the Person seized him.
Council. The Question I would put is, Whether the Prosecutor had not Conversation with a French Woman before the Justice, and said, he would never have prosecuted this Man, unless he had been hurt in his Finger, or whether he declared that he was robbed?
Interpreter. The young Woman which speaks French, spake to him at the Justice's, and he told that this Man was drunk, the Man that attacked him, and knew not what he was about; that it was pity, and it would hurt the Man considerably; and the Justice asked him whether he would prosecute; to which he answered, as the Man had wounded him, and so hurt him, he positively declared before the Justice, he was obliged in Honour and Conscience to take the Law.
Q. to Mr Webb. Did you see this Mitchel that Night?
Webb. As I was passing Long-Acre, going to Lincoln's-Inn, I did not take it to be past 12 o'Clock. I was going the other Side of the Bagnio; I had past about sixty Yards towards Lincoln's-Inn; that I heard several Voices of disorderly people (that put me upon my Guard) then it ceased all at once; presently after I heard a cry of Watch, Watch, upon which I went back, in order to give what Assistance I could to the Person distressed. I had not gone above twenty or thirty Yards, but I met the Prisoner at the Bar come running towards me, (there was a little Moon) as soon as he perceived me, he endeavoured to cross the Way to avoid me; upon which I run up to him, and seized him, and held him; and in a little Time two of the Watch came up.
Q. Did you see any other Person near him?
Webb. No, my Lord, the Watch came up in about ten or twelve Seconds; and Mr Mitchel, who had told me that he was robbed. He had on neither Hat, Wig, nor Sword, and seemed to have been down in the Dirt. The Moment he came up, we shewed him the Man, and as soon as I could make him understand that he saw the Man, he said that Man had robbed him; and I asked him whether he would charge the Watch with him, and he said he would.
Q. Is that all you know; had the Prisoner any Sword or Goods with him?
Webb. When he was stopped, Sir, and the Watchman came up, I observed a Hat upon the Prisoner's Head, that seemed to me to be a very good one; I ordered the Watchman to take it off, and found a Ticket at the Side of it; and I desired the Prisoner to give an Account of the Ticket; while he was doing this, one of the Watchmen picked up a Hat behind
Court. Very near to him?
Webb. Close behind him; and as I was going back to the Watch-house, we had not turned above ten or fifteen Yards behind the Place where I stopped him; that I pick'd up the Sword.
Q. Who pick'd up the Hat?
Webb. The Watchman.
Q. Ask Mr Mitchel if that is the Hat he lost that Night?
Q. Mr. Webb, Did you take so much Notice of the Person as to know whether he had Leather Apron?
Webb. Yes, Sir, and a Great-coat of a light Colour, as Mr Mitchel has described.
Council. Did you see, Sir, any Hat dropped?
Webb. No, Sir.
Isaac Hannon Watchman. In the Morning about one o'Clock, I heard a Cry, Watch! When I came up, Mr Webb had stopped this Prisoner, likewise the Man that was robbed came up crying - This Gentleman said this Man has been ill used; well, I said, I will take care of the Man. Mr Mitchel said he was robbed of his Hat, Wig, and Sword; the Gentleman's Hat was picked up at his (the Prisoner's) feet behind him; and about seven Doors Length there lay the Sword, without any Scabbard; and as I was going along, I picked up the Wig two or three Doors from the Bagnio.
Q. Did you search the Prisoner?
Hannon. We felt about the outside of his Coat, but found no Weapon, nor any thing about him.
Q. Is the Prisoner the Person Mr Webb seized when you came up?
Q. Did you hear the Prosecutor say how much Money he was robbed of.
Hannon. About 4 s. 6 d.
Jones. I was at my proper Stand in the Acre. I heard two Men coming along; I thought they had been both fuddled; and one of them fell down as I took it be, and there was a Bustle some time; then they started up, and the Gentleman that came after me, called out Watch! and I saw a Man run the other Side of the Way. I cried out stop him, and pursued after him, and the Gentleman stopped him.
Q. to the Prisoner. What have you to say for yourself?
Prisoner. I am a Cabinet-maker by Trade, I live next Door to the Crown Ale house, the Left hand Side as you go up Drury-lane. I went to see a Friend home that had come to see me and my Mother, and I drank at the Nag's-head in Hedge-lane. I being much fuddled, I would not go home till I had drank with her there. As I sat, I had three Pints of Beer. I met with another Neighbour, and would make her drink. I went in again, and had a Pot of Beer, and half a Pint of Gin; so I desired the Man of the House, as he had a Rabbet in the Cellar, I desired to have it; so I was so fuddled, that in catching the Rabbet, I fell upon my Face. My Mother sent the Maid for me to fetch me home, but I would not go, but went a Ramble, and got as far as St James's House. I went into a publick House to make Enquiry after a young Man of my Acquaintance; the Man told me, he was upon Guard that Day. I went and asked where he was, so we went into a Cellar by St James's Gate, where I staid some time, and my Friend's Wife and I came home together; so coming up Long-acre, this Gentleman he comes after us; this Gentleman Mitchel shoved us both against the Wall: So I says to him, is not the Street wide enough? I d - d him, and said, is not the Street wide enough? So I laid hold of him, he drew his Sword, and I shoved him into the Dirt, and threw his Sword into the Street, and went about my Business, and the Woman she was frightened, and was the first Person that screamed out Watch.
Smith. Gentlemen, I was Yesterday was Fortnight at St James's, my Husband is a Soldier, he was upon Guard that Day. I went to carry him some Victuals, and about a Eleven o'Clock Mr Stephens came in, and he was there till after Twelve.
Q. Where was this?
Smith. At St. James's Gate, in the Beer-Cellar; we were there till after Twelve. As we were coming home, coming up Long-acre, the Gentleman pushed us up against the Wall; Mr Stephens said D - n you, is not the Way wide enough, cannot you see? With that the Gentleman said something I could not understand; with that he drew his Sword against Mr Stephens; with that he pushed him down, and they both fell in the Struggle; so away I went home as fast as I could. They were both much in Liquor.
Q. Where do you live?
Smith. In Short's Gardens.
Q. Did you cry out Watch?
Smith. No, Mr Stephens cried out Watch, or the Gentleman, I could not tell.
Watchman. In the first Place it was, Oh! Wash! Wash! Wash!
Q. to Jones the Watchman Where is your Stand?
Jones. About the Middle of the Acre.
Q. Did you see any Woman?
Jones. No, my Lord, I saw no Woman one Way or another.
Q. to Mr Webb. Did you see any Woman?
Webb. No, Sir.
Q. to Mr Anderson, Beadle. Did you search the Prisoner?
Anderson. Yes, and we found 3 s. 6 d. in Silver, and a Bunch of Keys.
Q. Did you find any Knives or Pistols upon him?
Q. Was Mitchel and the Prisoner in Liquor?
Anderson. They could walk and speak very well.
- Roza. I was in Company with Mr Mitchel drinking about Eleven o'Clock that Night.
Q. What Condition was he in?
Roza. A little in Liquor, but not much.
Walter Honsman . I being at the Playhouse, behind the Scenes, heard a Disturbance, and it was by Mr Mitchel drawing his Sword. - [ This was to prove Mr Mitchel a touchy, quarrelsome Man, but the Witness could not go into the Causes, or the Issue of that Affair, therefore that Assertion availed nothing against the Prosecutor.]
Q. Is the Prisoner a House-keeper?
Chandler. I do not know that he is now.
Q. How long have you known him?
Chandler. For two Years, he lived at the Nags-head by Leicester fields; I never heard but he was a very honest Man.
Q. How long has the Prisoner been come back from Sea?
Terry. I have been home about seven or eight Months, and he was come home before me.
Robert Churchman . I am a Master Carpenter, the Prisoner has been come home about two Years; his Father and Mother lodged with me: they then put him in a House in Hedge-lane, and I never heard but he was a-Person of a very good Character.
Q. Can you tell how he has lived lately?
Shields. Upon my Word I cannot tell.
Q. How long has he left that Ale house?
Shields. About two Months.
John Bird . I have known the Prisoner for two Years and a half. I rented Part of a House of Mr Churchman; the Prisoner is a very sober, honest Man, as far as I know. His Father and Mother lodged in our House. It was said he brought home 2 or 300 l. he took his Father and Mother to live with him, but he was obliged to go away again.
Court. You do not know where he lives now?
Bird. No, I do not indeed.
Francis Henderson . I have known the Prisoner about two Years ago, when he came from Sea, and he is the most civil, complaisant Publican as ever I saw. A young Fellow shot him in the Face, and he forgave him.
Q. What Business are you?
Henderson. I am a Master Shoe-maker in Hedge-lane, within five or six Doors of him.
Q. Do you know where he lives now?
Holland. Next Door to the Crown, the upper End of Drury-lane.
Q. What are you?
Holland. I keep a publick House the upper End of Rupert-street.
Q. Do you know where he lives now?
Bonner. I cannot tell.
Q. to Wilberton, Constable. Was you before the Justice?
Q. Did you hear the Examination before the Justice? Was it taken in Writing? Was it signed by the Prisoner?
Wilberton. I cannot say, my Lord.
Q. Who was the Justice?
Wilberton. Justice Burdus.
Wilberton. He said before the Justice that he was knocked down, and he knew nothing of the Affair; he contradicted what he said to me over Night.
Q. to Prichard White. Are you the Person that had Conversation with the French Gentleman at the Justice's House?
White. Yes, Sir, I talked French o him.
Q. Did you address yourself to the Gentleman, or the Gentleman to you? Give an Account of the Conversation.
White. I told him, Sir, what have you to say against this Man - he said that he was a vile Rogue, that he had knocked him down; and if he had not hurt his Right-hand, he would not have hurt him.
Q. Do you know the Prisoner?
White. Yes, Sir, I have known him these two Years, I use to take my Drink of him; and now he keeps a House in Drury lane, but I cannot tell what the Rent is.
The Substance of the Prisoner's Defence was this; That it was in Fact no Robbery at all, nothing in the World but a drunken Quarrel between him and the Prosecutor.
Court. Prisoner, you have had a very favourable Jury; take care how you get drunk and keep such Hours.
13. Catharine Millward was indicted for stealing one Cotton Gown, value 3 s. one Pair of Studs, value 18 d. six Linnen Caps, value 3 s. one Boy's Coat and Waistcoat, value 6 s. one Pair of worsted Stockings, value 1 s. the Goods of Simon Welch , the 19th of April .
Q. By what Name did you marry your Husband?
Welch. By the Name of Simon.
Q. Why did you call him Samuel then?
Welch. I call him Simon or Samuel.
Q. What have you to say against the Prisoner at the Bar?
Welch. I was out upon the 19th of April, and this Woman, - I cannot swear it was she.
Q. Do you know any thing of her wronging of you?
Welch. Sir, I found the things upon her. I lost a Cotton Gown. - My Husband lives in Brown's Gardens.
Q. What did you lose?
Welch. Sir, I lost a Cotton Gown, a Pair of Silver Studs, a Pair of worsted Stockings, six Caps, some of Long Lawn, and two of Cambrick.
Q. What else?
Welch. A Boy's Coat and Waistcoat.
Q. Whose things were all these?
Welch. My Husband's.
Court. You lost all these the 19th of April?
Q. Did you take her up by Virtue of that Warrant?
Welch. She moved her Lodgings, and I could not find her. It was after Sir Thomas De Veil 's Death that I renewed the Warrant again. I took her last Monday was three Weeks, and she had the Gown upon her Back.
Court. She talks of five Weeks.
Q. Where did you take her?
Welch. I took her - it was in some Lane, it was in one Side of Drury-lane, and she had my Gown upon her.
Q. Did you find any thing upon her?
Welch. Nothing but the Gown and Handkerchief.
Q. to the Prisoner. Will you ask the Witness any Questions?
Prisoner. Pray Mrs Welch do you swear that I broke open your Trunk? Had not your Husband four Feather-Beds, six Bolsters, and a House of Goods, that your Husband had craftily taken from me?
Q. to Welch. Had you any of the Prisoner's Goods in your House?
Court to the Prisoner. She swears that she never saw you but once; and further, she does not know that her Husband had any of your Goods in his Custody.
Fullam. I know nothing of the Robbery; but Mr Welch told me she had a Gown out of the House.
Q. When had you any Discourse with the Prisoner?
Fullam. I think it was in May last. I happened to meet the Prisoner coming under Aldersgate; Welch had complained to me that my friend had robbed him.
Q. Had you any Discourse with the Prisoner when you met her?
Fullam. Yes, my Lord, I met her under Aldersgate, and she stopped me, and desired I would make it up with Welch, and she would give me the Price of a Suit of Cloaths.
Q. What did you say to her first?
Q. What was her Answer?
Fullam. She said it was her own Cloaths that she took.
Court. 'Tis strange she should offer you the Price of a Suit of Cloaths for making the Affair up, when she said she had only taken her own Cloaths.
Fullam. I cannot tell whether it was her Cloaths or not.
Q. What are you?
[The Witness, Fullam, made a Boggle at the Question being put to him; at last he said, I am a Piece of a Clerk.]
Q. Did you believe it to be a Robbery or a Quarrel?
Fullam. I cannot tell, my Lord.
Foy. Yes, Sir, I have known her five or six Years.
Q. Have you any thing to say against her, with respect to the Fact for which she is indicted?
Foy. I being a Servant with this Woman, Mrs Welch, I have been on and off with her five or six Times.
Q. Did you live with her in April last?
Q. When did you come to her?
Foy. In May.
Court. Why then you could not be with her in April.
Foy. In March, I should say, I came to her.
[Here this Witness was very much in and out, with respect to the Time: at first she said she came to her Mistress in May, then finding that overshot the Time of this Fact, then said it was in March; at first she said the latter End of March, then eight or nine Days in March.]
Q. to Foy. What happened in April?
Foy. It was on a Saturday, Mistress and Master was out in the Market; this Woman she comes up Stairs to me.
Q. What did she do then?
Foy. She came up, and sat down by the Fire; she asked me to drink part of a Dram, I told her I would not; she then asked me to drink part of a Pot of Beer.
Q. What Time did she come to you?
Foy. She came up between eight and nine at Night, and asked me to take a Dram, or a drink of Beer, and gave me Three-pence out of her Pocket, then I went for the Beer.
Q. Did you bring it back?
Q. Did you drink together?
Foy. No, Sir, as I came up Stairs, there was a long Room, where they coined Half-pence.
Q. What, did your Mistress coin there?
Foy. No, Sir, they coined Half-pence there formerly. As I went down Stairs, there stood two Women at the Door; I had no suspicion of them. I have seen the Prisoner come sometimes to my Master, there was two Women at the Door; and when I came up, the Door of the long Room was open, the Prisoner got the Bundle in her Lap; the Room had a Padlock upon it.
[The Witness goes on to relate a Story full of Contradiction; she says the Room was always kept locked, that she did not know what was in it. First she said it was an empty Room, then she could not tell, then there were live Fowls in it, then dead Fowls; then, when questioned upon that, said there were both live and dead Fowls there, and a large Number of Rabbet Skins hung round the Room, and a great deal of her Mistress's Cloaths.]
The Prisoner charged the Prosecutor with clandestinely taking and keeping a great deal of her Goods, and petitioned for a Copy of her Indictment; but as she appeared to be a noisy quarrelsome Person, it was not granted.
14. John Poulter was indicted for feloniously receiving three Diamond Rings, and thirty three Pearls, of Matthew Henderson (knowing them to be stolen) who was formerly convicted for stealing them out of the House of William Dalrymple , Esq ; And
Council. Please your Lordship, and Gentlemen of Jury, I am of Counsel in the Prosecution, in order to bring to Justice a Man whose Station in Life and Character ought to have taught him better. I shall open this Fact as stated to me. The Prosecutor (Colonel Dalrymple ) when the Murder was committed upon his Lady, had the Misfortune also to lose a great many valuable Goods, to which his Servant ( Matthew Henderson ) pleaded guilty in this Place. When Henderson was committed to the Gate-house, the Prisoner (Poulter) was Turnkey, there was a Box that was ordered to be searched for at the Wife's Lodgings of the Footman, who has suffered. Poulter (the Prisoner) was sent to bring this Box; when the Box was examined, there was these Things missing that had been lost, the Rings mentioned in the Indictment, and the Pearl Necklace. This Poulter (the Prisoner) if our Instructions are true, charged the Colonel withDalrymple . Gentlemen, there was Advertisements to get at the Knowledge of these Things, but it lay buried a long Time, till at last they thought there would be no more said about it. We shall produce the Gentleman that bought the Goods of this Man.
Council for the Defendant. My Lord, I apprehend, in all these Cases, it is necessary to set forth the literal Words as they are in the former Indictment, otherwise it is charging the Prisoner at the Bar as Accessory of a Felony that might not have been committed.
Court. There was the same Things in the first Indictment of Henderson as the Prisoner is charged with.
Q. to J. Burdus. Did you examine the Prisoner?
Justice Burdus. At first he made no Confession, but afterwards he confessed he had sold several Jewels to Hendrick. He gave him a Bill of Parcels, with a Receipt under his Hand.
Q. Sir, did he tell you how he came by them?
Justice Burdus. He gave different Accounts, sometimes he denied it, sometimes he said he had only the Rings. At first he denied that he had any Thing; then upon having this Receipt produced to me, I asked if this was his Receipt. The first Day he denied all; the second Day, when he saw the Particulars produced, he owned it was his Hand-writing, and he received the Money for them, but said, that he found them in a Bag in the Dust-hole in the Gate-house. The Writing is as follows:
London, Nov. 6, 1746.
- Three Diamond Rings, the Sum of 25 l. Received the Contents at the same Time,
Hendrick. I know Mr Poulter.
Q. Had you any Dealings with him at any Time? What did you buy of him?
Hendrick. Forty-nine Pearls, and three Diamond Rings.
Q. When did you buy them?
Hendrick. I bought them the latter End of October. One of the Rings he insisted upon having again, he said it was a Family-Ring. I bought two Diamonds of him, and one Socket, out of which the Diamond was taken. The Ring that he insisted upon having again, I put a Crystal in, and sent it to him.
Q. What did you give for them?
Hendrick. I gave him 25 l. for the two Rings, and one Diamond.
Q. What can you sell the Diamonds to a Gentleman for?
Hendrick. For about 30 Guineas, or thereabouts.
Q. Did you buy any Thing else of him?
Hendrick. Yes, I bought forty-nine Pearls.
Q. What did you give for these?
Hendrick. 4 s. 6 d. a-piece.
Q. What are they worth to be sold to a Gentleman for his Lady?
Hendrick. I take them to be worth 6 or 7 s. or thereabouts.
Q. Did he give you an Account how he came by them?
Hendrick. I had an unhappy Brother-in-law in the Gate-house at that Time; he sent me a Letter, that there was a Gentleman had some Diamonds and Pearls to sell. When I came, I said to my unhappy Brother, Who is the Gentleman? And he said, it was the Turnkey; I said, I did not care to buy of such People; he said I might, for he gave great Security, and he had married a Wife with a Fortune, and they were to take a great Inn, and they had bought fourteen Beds already, and had a Mind to part with these Things. At first he shew'd me a single Diamond; so says he, if you come in a Day or two, I shall have one bigger. Accordingly I came in a Day or two, so then he shewed me all the three, and he said one of them was a Family-Ring, that he must not part with that.
Q. Do you know any Thing of the Woman?
Hendrick. When I came, she had one of them on her Finger.
Dalrymple. Not above two or three and thirty of these Pearls were mine. I believe they are mixed: I believe, that Part of these were taken by Matthew Henderson . As to the other Jewels, the two Rings, I am positive to them. I have had them for sixteen Years; as to the other, it might be in the Possession of my poor Wife, but I cannot tell whether it was or no. I believe there was forty-six Pearls, but two were taken off: that Necklace was bought of the Charitable Corporation, and cost 147 l.
Q. to Hendrick. How came you to buy these Things so, that cost 141 Pounds?
Robert Dalrymple . Upon the 25th of March I was desired by Captain Dalrymple to go to the House, and take care of the two Servants that were supposed to be guilty of the Murder. I afterwards carried them before Sir Thomas De Veil . and they were severally examined; and it appeared upon some Circumstances, that Matthew Henderson had been guilty of the Robbery and Murder. At last Henderson owned he had stolen the Things before Poulter, and Poulter (the Prisoner) was sent to Henderson's Wife's Lodgings for the Box, in which were these Things, and there was a small Box put into the large one, in the Presence of Poulter; at that Time the great Box was produced before the Justice, but the little one was not.
Callow. He was the Turnkey of the Goal when Henderson was in Custody.
Q. Had you any Discourse with him about the Goods stolen by Henderson?
Callow. I never had any Discourse, no farther than at the Time that Henderson was in Custody, he came to lock up the Goal, and he brought up the Boy to my Husband who is a Debtor there, he brought him up to lie with him. My Husband said, What, bring up Murderers to lie with them! The Prisoner (Poulter) said, he could not help it; he also said, he had taken an Instrument out of the House of Office, that his Lady was killed with. Poulter told this to my Husband and I.
Q. From whose House of Office?
Callow. That he had taken a Hatchet, or Cleaver, I cannot say which, from the Captain's House, and that he had been at the Boy's Wife's Lodgings to fetch a Box, and said there was two or three Rings and a Necklace, and said, with an Oath, he believed Sir Thomas De Veil had them.
Q. Did you ever see them in his Possession?
Callow. Yes, I have had the Rings several Times in my Hand; I had the Curiosity to look at them. About five Months ago, there was a Man committed for Felony, that had formerly been great with Mr Poulter, and he loaded him with Irons. The Man wanted a Letter to be wrote to some Friend; whilst the Letter was writing, he asked me if I saw Mrs Poulter go out To-day dressed; I said what was she dressed in, and he spoke of the Rings; I said, that was no new Thing. I had seen that before: So the Man said, if he could get clear of that, he would blow him, for they belonged to Captain Dalrymple . So when I saw them again, I was confirmed that they were Diamonds, and I thought I would go to Captain Dalrymple , to speak to him about it.
Q. Do you believe these to be the Rings she wore?
Callow. My Lord, I believe they are?
Q. Is that Woman, the Prisoner, reputed to be Poulter's Wife.
Callow. Yes, my Lord, she goes for his Wife; but several Women have come and claimed him for their Husband besides her.
Prisoner. My Lord, please to ask her what that Prisoner's Name was.
Callow. He is gone beyond Sea, I cannot tell his Name, but the Woman has frequently wore these things; he has often beat her for wearing them; she wore them, and has washed her Hands in them; she has threatned him, that she could swear a Smack of Robbery against him, as she used to term it.
Council for the Prisoner. First in Point of Law I would submit to your Lordship, how far the Evidence can affect the Prisoner, as to make him accessory to this Felony, as receiving them, knowing them to be stolen. The Gentlemen, in the opening of the Matter, they have been pleased to say, that there were two Ingredients that went to this Matter, to induce the Court to believe the Prisoner knew these things to be stolen - The first is charging Sir Thomas De Veil with it; the next Place going to Henderson's Wife's Lodging; that this was presumptive Proof that these things were stolen. As to one Part, we shall only observe that the Prisoner went with the Constable to take care of Henderson, as he was his Prisoner, the Constable went with him, and brought the Box corded before the Justice. The Prisoner further urges in his Favour, to shew his Innocency, that he did not know these things to be stolen; that from the first Time he found the things, she wore them constantly.
Brogdon. When the things were missing, the Rings and Necklace, Sir Thomas asked Poulter if he knew any thing of them. Henderson confessed that he had stolen them, and that the little Box was put into the great Box. Henderson was so strictly searched, that it was impossible it should be about him, for his Shoes and Stockings were taken off, that he could not secret any thing.
Q. to Enock Stock. What is your Profession?
Stock A Clog-maker.
Q. Do you know at what Time you first saw any Jewels or Rings that Poulter found?
Q. Did he not show you what it was?
Stock. I saw them publickly in the Goal, but I did not know the Value of them, nor he neither.
Q. How came you in the Prison?
Stock I was sent there for an Assault; he brought them from under the Gateway, where he throwed the Beads.
Q. So he shewed to all the Prisoners what a Lucky Day he had?
Stock. I have seen them lay in the publick Goal for half an Hour together.
Q. Who is the Keeper of the Goal?
Stock. Mr Davage.
Court. Did all the Treasure that was found in the Goal, all belong to the Turnkey?
Martha Stock . I went to the Goal to carry my Husband some Victuals just as the Door was opened, he threw the Dust out, and he took up something, and opened it, and I saw the three Rings and loose Beads.
Q. What Time was this?
Stock. As near as I can guess, the latter End of May, or the beginning of June, as I went to carry my Husband his Breakfast.
Q. Who threw the Dust out of the Prison?
Q. Did not your Husband cry Halves?
Stock. Yes, he did.
Q. How came he not to insist upon it? What did your Husband find?
Stock. A Silver Cork skrew.
Q. Did you see the Woman with these Rings? Did you not think the Rings would become your Finger as well as Mrs Poulter's, when your Husband cried Halves?
Stock. He would not part with them out of his Custody.
Rachel Browning . I was going to the Gate-house to pay Mr Poulter 3 s. 6 d. that I owed him, and he took a Bit of Leather out of the Dirt, and he said he had found something, and there was three Rings and a Necklace.
Q. Did you see him throw out the Dust?
Browning. I did not see him empty the Dust, but I saw him pick the Things up. There was three Rings, and Beads.
Q. What Time was this?
Browning. It might be about Noon, or two or three o'Clock, I cannot justly say the Time.
[The Prisoner's Witnesses were very contradictory in their Accounts, particularly Martha Stock, she says it was in the Morning when she went to carry her Husband's Breakfast the Prisoner pick these Things up she said it was about one or two or three o'Clock, that she saw him take these Things out of the Dust that he threwed out Farther his Witnesses say, it was the beginning of June that these Things were found, when the Witness Callow swears she saw the Rings upon his Wife's Fingers the beginning of May]
Philip Rainaud . On Thursday the 6th or Friday the 7th, they took out my Shovels, two Dozen Silver Salt Shovels. I missed them on Friday Morning, I was to deliver them the next Morning to a Gentle men that was to have them.
Q. How came you to charge that Woman with them?
Rainaud Part of them were offered to pawn to Stringer in Drury lane.
Q. Do you know they are your's?
Rainaud. They are, my Lord, the Marks are P. R.
Q. What is your Business?
Rainaud A Silver smith.
Q. When did you first see them again?
Rainaud My Lord, they were advertised the Monday following, and that Night the Pawnbroker came and let me know that they were stopp'd. There was half a Dozen.
Court. Upon your advertising, Mr Stringer informed you of them?
Rainaud. Yes, my Lord.
Q. What is the Prisoner? Do you know any thing of her Business?
Rainaud. No, my Lord.
Q. Did you ever say, you believed the Boy in the Shop had stolen them?
Rainaud. There was a Boy in the Shop that Day that I suspected he might take them?
Q. What did you lend upon them?
Stringer. I lent her no Money upon them, I stopp'd them, she lived but a little Way from me; she said she would fetch a Gentleman from her House that they belonged to, but she returned no more.
Q. How long was it before she was taken up?
Stringer. I believe two or three Days, the Advertisement was not till the 10th; I cannot tell directly the Day of the Month.
Stringer. I never knew any thing of her before, but I saw they were new Goods that I had a Suspicion of.
Q. What is your Business?
Wilson. I take in Plain-work.
Wilson. Yes, my Lord. I went into the Prisoner's House on Monday, I think about three Weeks ago.
Q. What Time of the Day, or the Night?
Wilson. About 12 o'Clock in the Day, and she was at Dinner. I brought her some Cloaths to wash of my own.
Q. Do not you wash your own Cloaths?
Wilson. No, my Lord; when I came in, she desired me to dine with her, but I refused, but she desired I would; so I sat down, so in comes a Woman that she called Mrs Stiff; it was that Woman that gave her these Things to pawn. I do not know that these are they, but Mrs Stiff desired her to pawn half a Dozen of Spoons.
Q. Did you see them?
Wilson. No, my Lord, I did not see them, she pulled them out of her Bosom; she said they were Salt-Shovels. I was for going away, but she desired I might stay till she returned; when she came back, she said the Things were stopp'd, she carried them she said to one Mrs Stringer. The Prisoner desired she would go along with her to Mrs Stringer, and let her know how she came by them. Mrs Stiff was very angry that they should stop the Things, and asked Mrs Burn if she knew any Ill of her; Mrs Burn said, no; with that she went out and said, she would fetch the Person she had them of, and would come back again and fetch them.
Q. Where is Mrs Stiff?
Wilson. That I cannot tell, my Lord; I staid almost an Hour, and the Woman did not return.
Q. How came you so to remember this Woman's Name?
Wilson. Mrs Burn came to me again, and said she had been looking for her; Mrs Stringer told me in her Shop, that she knew Mrs Burn to be an honest Woman, and she would not stop her, but desired she might see and get the Person that gave her the Shovels. I returned and told Mrs Burn what she said; that is all I know of the Matter.
Stringer. I never knew any thing amiss of her, but I never said such a Word to her.
Court. She said she would bring a Gentleman that owned them. Did she say Gentlewoman, or Gentleman?
Stringer. A Gentleman, Sir.
Guilty 4 s. 10 d.
Wood. For stealing a Cock and a Hen.
Q. From whence?
Wood. From my own House. I live at the Sign of the Spaniard, in the Parish of Finchly.
Q. What did the Prisoner at the Bar do?
Wood. He was at my House on Sunday Night, the 19th of October, between 10 and 11 o'Clock; he was seen at my House.
Q. Did you lose any thing on Sunday Night?
Wood. I lost a Cock and a Hen in the Night-time. When I took him up upon Suspicion, he offered to pay me for the Fowls, if I would not have him before the Justice.
Q. Did you carry him before any Justice?
Wood. Yes, I carried him before the Justice. I seized him the next Morning, and accused him for stealing my Cock and Hen; he said he was not guilty of the thing. I desired one to assist me; he offered to make it up, and to pay me for the Cock and Hen.
Q. Did he offer you any particular Sum?
Wood. No, but any thing in Reason.
Bonner. At the Spaniard's in Finchly Parish. I am a Servant to Mr Wood.
Q. What have you to say against the Prisoner?
Bonner. I see him at the Hen-roost between 11 and 12 o'Clock at Night, the 14th of October.
Q. Where was you when you saw him?
Bonner. I was in my Chamber-window. I was going up to Bed.
Q. What kind of Night was it?
Bonner. It was between 11 and 12 o'Clock; it was Moon-light.
Q. What did you see him do?
Q. Was any Body with him?
Bonner. No, Sir.
Q. Have you seen the Prisoner before?
Bonner. Yes, Sir, he lives but about a Mile from us.
Q. Did you see him take any thing away? Is the Hen-roost lock'd up?
Bonner. No, Sir, 'tis in a Yard; up in the Trees in the Yard.
Q. Then you did not see him take any thing away?
Bonner. No, Sir.
Q. Is your Yard an open Place, that any Body may come in at all Times of the Night?
Gardner. I lived with Mr Wood at the same Time, at the Time when the Prisoner at the Bar was there, and I was in Bed.
Q. At what Time?
Gardner. The 20th of October. I saw the Prisoner at the Bar get upon the Bench where we set Tankards upon, and the People drink. I got out of Bed, because the young Woman told me she saw him, and so she called me.
Q. What did the young Woman say?
Gardner. She said she saw Thomas Henson , as she thought, upon the Bench over where the Fowls were; and I pulled the Sash up, and called out, Who's there? I said, let it be who it will, if you don't get off I'll shoot you.
Q. Who did you see?
Q. Did you know him before?
Gardner. Yes, I have known him these seven Years.
Q. Then you did not call him by Name?
Q. What then?
Gardner. He leap'd off the Bench, and ran away directly; I came down thinking to see if I could catch him; before I came down he was gone, I believe a Quarter of a Mile.
Q. You did not see him take them, did you?
Gardner. No. I went and called the Fowls, and there were two missing.
Q. What that Night?
Q. What Time of the Night was it that you got up?
Gardner. At 11 o'Clock, or something better, between 11 and 12, and I went and called them all.
Q. Where did you see the Fowls when you called them?
Gardner. In the Yard; some were frightened down, and some in the Trees. I got up to the Trees to tell them, and two were gone.
Q. So all the Fowls did not come down?
Q. How many Trees are there?
Gardner. There might be about a Dozen.
Q. And did you look over them all?
Gardner. Yes, I look'd them all over, and missed two; and I called them the next Morning, and two were missing.
Q. How many Fowls had Mr Wood the 19th of October.
Q. How many had he in the Morning when you told them?
Q. Did you know how many Cocks, and how many Hens he had?
Gardner. I don't know.
Q. How do you know that any were lost, if you don't know the Number of Cocks and Hens?
Gardner. I knew them by the Colour of them.
Q. In what Capacity did you live with Mr Wood?
Gardner. I lived as a Waiter.
Q. What is the Prisoner at the Bar?
Gardner. When I know'd him first, he used to work with his Father in the Woods.
Q. Did you know him when you saw him that Night?
Gardner. Yes, I knew him.
Q. Why did you not call him by Name then?
Gardner. It did not come into my Head.
Q. Was your's such tame Fowls, that they did not make a Noise at that Time of Night?
Wood. I did not hear they did.
Court. That's very strange indeed!
Jury. We have heard many a Story of a Cock and a Bull, but never heard such a Story of a Cock and a Hen.
Harris. The Prisoner at the Bar came to my House in Butcher hall lane, to bring him a Sample of Hats to the South Sea Coffee-house; accordingly I went with them.
Q. Did you know the Prisoner before?
Harris. I never saw him before that Time. As I went into the Coffee House, there was a Gentleman that saw me go in. I stopp'd to the Door to have some Conversation with him, and I left the Hats upon the Table in the Coffee-house, with this Man, the Prisoner. I saw him come out with them in his Hand, as I stood at the Door talking I did not go after him - I did not suspect him - I thought he was going to shew them to some Gentlemen in the Neighbourhood.
Q. How long was it after you brought the Hats to the Coffee house that he came out with them?
Harris. About three or four Minutes.
Q. How came you that you did not ask him what he was about to do with them?
Harris. I had no Suspicion he was so handsomely dress'd, with a laced Waistcoat, and handsome Wigg, &c I stayed three or four Hours, but he did not return I enquired of the Coffee-house People, and they knew nothing of him; and I heard afterwards at the Exchange, that he was gone to Holland, he was dress'd in a laced Waistcoat, and Spencer Wig, and a good Coat, and a laced Hat
Q. Had you never seen him before?
Harris. No; I went to several, and enquired if they knew of one Samson Hendrick. About six Weeks ago I was enquiring after him; and I heard he used a House in Covent Garden, I think they call it Lady Mordington's, a Gaming house; I went there, and there I found him, so I spoke to him; he said if I would go down Stairs he would talk with me; he came down and spoke to me; he said if you will stay a little, a Friend and I will come and speak to you. I went to get a Constable, the mean Time he got away, and was stopp'd by a Chairman; and when I came back, the Man told me he was before the Justice, the Justice committed him for further Examination the next Day, the next Day I appeared, he said he was very sorry, but he was in Liquor the Night before, and he did not know me. He said he had a Suit of Cloaths in Pawn, and a laced Hat, or a Coat and a laced Hat in Pawn, for two Guineas; he would give me that if I would not prosecute him. I told him I would not do any such thing.
Q. Are you certain of the Prisoner?
Harris. Yes, my Lord, I am sure he is the same Person.
Q. to the Prisoner. Have you any Questions to ask?
Prisoner. My Lord, I was brought before Justice Burdus the 27th of October, and I was committed for further Examination the 23 d. This is the Man that brought the Order from the Justice, to bring me before his Worship. At the Corner of the Street, says he, Mr Hendrick, Is it not better to make up this Affair? There was another Fellow with him at the same Time, says he, I have no more Remark to hang a Jew than a common Dog in the Street. Says he, if you will give me a Guinea, I will go and tell the Justice I do not know you. I said I tell you what I will do, seeing you are determined to prosecute me right or wrong, I says I will give you my Cloaths, and go home naked: he says, send away to your Friends and get a Guinea, and I will not prosecute you. In the Morning he told the Justice, he could not swear to the Prisoner; at the Evening, the Justice on that Account was for discharging me; he said, pay do not, I have look'd at him again, and I will now swear to him. The Prisoner, for the Truth of his Affections in Part, referred the Court to Justice Burdus's Clerk, who was present.
Q. to - Brogdon. Do you remember this Matter of the Prisoner's being brought before Mr Burdus?
Brogdon. When the Prosecutor gave his first Information, he pretended first, that he delivered these Goods to the Man, afterwards the Man run away with them, and he did not see him; then afterwards he said, he turned his Back, and the Hats were gone. He was asked if there was no body else, then he said there were many; then he said, that he saw him go out, afterwards he wanted to get Money of him to make it up. I heard him speak backward and forwards, and desired him to go and make it up afterwards. He came the next Time again, and said he could not believe that he was the Man; then he talked again, that the Man had confessed at St Martin's, that he did the Robbery, therefore he insisted upon the Prosecution.
Q. to the Prisoner. Where have you been for two or three Years past?
Prisoner. My Lord, I have not been out of England since I was six Years old: my Business is in Exchange-Alley, I use Exchange Alley daily. I can prove it that I have been every Day in the City or out of the City.
Q. to Harris What do you say to the Account Mr Brogdon gives? He says you were in half a dozen Stories.
Harris. I insisted at first that he was the Person.
Q. to the Prisoner. What Prison was you in?
Prisoner. At the Gate house, my Lord.
Peter De la Fountain was indicted for feloniously forging and counterfeiting a Promissory Note, under the Hand of one John Baptist-Zannier , for the Payment of 220 l. to one Marie Legrand , Widow, or Order, three Months after Date ; which said Paper writing is as followeth :
January 9, 1746. I promise to pay to Marie Legrandd, Widdow, or Order, the Sum of Two hundred and Twenty Pounds, three Months after Date; for Value received, by me
L. 220 0 0
The second Account for feloniously uttering and publishing the same, knowing it to be forged, with an intent to defraud the said John Baptita Zannier , against the Form of the Statute, and against the Peace, &c.
Parry. I have seen him two or three Times. I saw him when he was confined in Newgate; he was under an Arrest, in an Action of Debt.
Q. What was the Sum he owed?
Parry. About 40 l. and the Gentlewoman (his Creditor) Mrs Portland, she had committed the Management of that Affair to me; to offer me some Satisfaction, he sent me several Messages, he desired me very much to come to him, by the Letter, telling me he had something to offer that might be satisfactory; at length I did go to him, then it was he offered me this Note; he offerrd it as a collateral Security; he said he had no Money to pay the Debt, or any Part of it.
Q. Then you received it of him?
Parry. Yes, Sir, he gave me this Note as a collateral Security for the Use of Mrs Portland.
Q. What Conversation had you upon the Note?
Parry. I hesitated a little at first about the taking it, not that I suspected a Forgery; but because the Drawer of the Note, and the Endorser, were both utterly Strangers to me. I knew nothing of either of them. I thought that it might be worth nothing, therefore I did not know whether it might be any Security at all or no. I asked him if it was a Note that he had fairly come by, or something to that Purpose; he told me it was; then I expressed my Doubt, as not knowing the Drawer, or the Endorser; at Length I did agree to take the Note, not in any great Confidence of recovering any Money upon it. I looked upon the Debt as desperate, and I thought I might as well take that as his own Security. He told me that Baptita Zannier was Purveyor to the British Forces abroad, and there was Money due to him from the Government. I did not accept of the Note as Payment, nor would I be liable to raise Money by it.
Q How long was it after the Note was given to you, that you took his Bond?
Parry I believe about two or three Days, he was discharged upon giving the Bond.
Q. Did you enquire any thing after the Endorser?
Parry. No, I did not, because I expected so little from the Note.
Council for the Defendant. Sir, I think when you had Discourse with De la Fountain, that you had no Suspicion of it's being forged?
Parry. I asked him if it was a fair and honest Note; he said it was. He said that he had it from Mrs Marie Legrand ; to the best of my Remembrance, he told me that Mrs Marie Legrand was not an English Woman, and that she was abroad.
Ryley. Yes, very well, I have received near an 100 Letters from him, so that I believe 'tis not his Hand writing, neither is it spelled as he commonly spells his Name. I believe this Note is an Attempt to counterfeit his writing, but not his writing.
Court Give the Reason why you believe that 'tis not his Hand.
Ryley. The cut of the Letters is not so stiff as his real Hand-writing.
Q. Is that the only Reason why you think that 'tis not his Hand-writing, because 'tis not so stiff?
Ryley. The Letters are straighter wrote than those he writes; he writes in an outlandish Hand, but writes it very well.
Q. Can you recollect any thing that past before the Justice?
Q. What is your Business?
Ryley. I am a Student in the Temple. I am not called to the Bar yet.
Ryley. I live by the Temple - near it.
Q. by the Council for the Defendant. Do not you know that he was acquainted with a French Lady, called Legrand?
Council. Then you never saw any French Lady at Mr Zannier's? Do you remember the Time that Mr Zannier was in Newgate? Did you never there see a Lady with him?
Ryley. There was a Gentlewoman that was Waiting-Woman to on Mrs Herald, a Lady of Fortune.
Mc Allester. I believe that Note is not his Handwriting, my Lord. I frequently saw him write, my Lord. In about September last, Mr. Baptita Zannier was arrested for 300 l. and he sent for me pretty early to come to him. I met him going with the Officer to the Officer's House; upon this I enquired of Zannier, if he knew Marie Legrand , or the Person to whom this Note was payable. I met Mr Parry at Guild-hall, and told him of this Arrest. Mr Parry then said, I have a Note by me, put into my Hand by the Prisoner; and if I don't mistake, 'tis signed by such a Person. I told him I believed that this Man (Zannier) had no Dealings with any such People; and if he would give me an Opportunity of seeing the Note, I would enquire into the Matter; the next Morning, Mr Zannier went with me, and we took a Note of 25 l. of Zannier's, and we compared it with this Note that we apprehended was counterfeited, accordingly we found it to be so; we then went to Sir Thomas De Veil , a nd a Warrant was issued out for apprehending the Prisoner, and he was brought before him; and he said to him, Did not you tell me upon your first Examination, that you had this Note of a Lady for a Favour done her: and in a solemn Manner, the Prisoner stood up, and said, if that was not signed by Zannier, there was not a God in Heaven, or to such Purpose.
Council for the Prisoner. You seemed to be acquainted with the Transactions of Business about the Treasury? What is your Business? I would ask you whether you are not an Attorney or Sollicitor?
Mc Allester. 'Tis a Question I am not bound to answer.
Q. What Country are you?
Mc Allester. I am an Irishman.
Q. to - Backhouse. Have you often seen the Prisoner write?
Backhouse. I have often seen him write, and I believe the Note is not of his Writing.
Court. There is an Affadavit which was made the last Sessions, which was the 15th of October, 1746. 'Twas made in order to put off the Trial, which was to have come on against this Person the last Sessions; it is an Affadavit made by the Prisoner and Benjamin Stephens , a Man produced as a Witness, and he swears, that Mrs Marie Legrand was residing in Paris; and that Mary Patridy , her Servant, was a material Witness in his Cause. Farther he says, that the said Marie Legrand , and Mary Patridy , did, in June last, go from London to Paris, but are not yet returned; but that they would come to London in November, or the Beginning of December next; and he believes they are now there and not returned: at the Time of their going, they said they would return in a few Months; he swears that he believes they will come to London in a little Time. This was made use of the last Sessions, to put off the Trial.
Q. to Mr Parry. What Conversation had you with the Prisoner?
Council for the Prisoner. We have several Witnesses to prove that this Note was written by Mr Baptita Zannier, we shall confirm that Evidence, that it was given by Mrs Legrand, to Mr De la Fountain.
Gotee. My Lord, I have several Papers of his Hand writing; he brought me two Sailors, pretending that they had large Shares in Prize-money. I laid out a great deal about them; and it was but about five Pounds that they had to receive: they gave me Bills of their Shares.
Q. Do you think this is Zannier's writing?
Gotee. I believe in my Conscience - I believe 'tis his Hand-writing. The Freedom of Letter is the same I have seen him write in my House.
Q. Do you know the Character of Zannier?
Gotee. Sir, I can't say any thing for him, as he hath deceived me in Money about these Shares.
[This Evidence produced two Bills of Sale, which he knew to be the Hand writing of Zannier; and upon inspecting this Note, he believes it to be his Hand-writing ]
- Lameneer. [ Answers by an Interpreter.] Ask him if he ever saw Zannier write?
Interpreter. Yes, my Lord.
Q. How often?
Interpreter. Very often.
Q. Have you seen him write his Name?
Q. Do you believe this to be the writing of Zannier?
Interpreter. I can't absolutely say whether it is his signing or not.
Q. Do you believe it to be his writing?
Interpreter. He says there is a great Appearance, but he can't absolutely affirm it.
Q. Ask him whether he believes that to be his Hand, or he believes that it is not his Hand?
Interpreter. He cannot testify the one nor the other.
Interpreter. Yes, my Lord.
Q How often?
Interpreter. Many Times. I have seen him write often.
Q. Ask him if he believes that Note to be the writing of Zannier's.
Interpreter. He believes that to be of his signing.
Court. Ask him this Question, Whether he believes that to be Zannier's Hand writing or not?
Interpreter. He says 'tis like it.
Daniel. I have seen him write very often, both abroad and in England.
Q. Do you believe, Sir, this Note to be the writing of Zannier or not? [This old Gentleman looked very carefully over the Note, then the Question was put to him again.] Well, Sir, can you form any Judgment?
Daniel. I believe it is Zannier's Hand disguised; the first Part is altered, the latter Part grows more fluently, and more like his Hand, when I compare it with a Letter from him; besides I have heard frequently that he writes his Name, when it is of no Import, then he writes only his Sirname; and when he writes his Sirname, then he abridges Batist, and at Length Baptista.
Q. Sir, I ask you whether or know you do believe that 'tis Zannier's, or 'tis not?
Daniel. My Lord, I do believe it is, though I believe 'tis disguised in Part.
Q. Let me know your Reason why you think it disguised?
Daniel. The first Part seems to be writ steadily, and with a Design to alter his Hand; then when he goes to the latter End, then he comes more freely.
Q. What Reason can you give why he should disguise his Hand?
Daniel. I will give you my Opinion about it; I know the Man so well, as perhaps most do, he has been a Cheat in every Thing; he is a Man of a bad Character, and may be capable of counterfeiting and disguising his own Hand.
Stephens. It was the latter End of May, or the beginning of June, I cannot be certain.
Q. Who did you go with?
Q. Upon what Account did you go with her to Newgate?
Stephens. She called at my House, and she desired me to go a little Way with her to see a Friend in Distress; so I waited on her, and went with her to Newgate, and it was to Captain De la Fountain.
Q. What was it you saw her do in Newgate?
Stephens. I saw her endorse the Backside of the Note, and give it to the Prisoner at the Bar, and said in broken English, I give you this to get your Discharge, and this Note is as good as the Bank. That is all that I know of it.
Q. What was the Money?
Stephens. Two hundred and twenty Pounds.
Q. For what Purpose was it that she endorsed or gave the Note to Mr. De la Fountain? I suppose it was in a friendly Manner, as he was an Acquaintance of her's for some Years. Was there an Intimacy and Friendship between De la Fountain and Legrand?
Stephens. Yes, she was a foreigner, she lodged at my House for two Months in Queen-Street.
Q. Do you know where she is now?
Stephens. I heard that she was gone to France.
Q. Had you ever seen Mr De la Fountain before you went to Newgate?
Stephens. Never in my Life
Q. What Business did Mrs Legrand follow?
Stephens. She appeared as a Gentlewoman.
Q. Did you ever see her in Company with Zannier?
Stephens. I never did.
Q. Had Mrs Legrand any thing to supply Zannier for this Note?
Stephens. She had no Goods or Business at all; I never saw Zannier.
Q. Where do you live?
Stephens. I live at No. 3. in Prescot-street; I am Partner with my Brother.
Council for the Prosecution. Stephens, you told us before, you lived at Bull-Wharf in Thames-Street, had two or three Houses of your own, that you let two, and lodged with the other Tenant youself. Now let us know the Names of your Tenants.
Stephens. Phillips and Sharp.
Q. Which of your Tenants did you lodge with?
Stephens. At the hither one.
Stephens. I told you Phillips.
Q. When did you receive the last Rent?
Stephens. Why I have sold them; I have employed threescore Men for three Years together in Fleet street.
Council Canst tell me any of the Names of the Parish-Officers that you paid your Taxes to? What is the Minister's Name of the Parish? Tell me the Name of any one Person that was a Parish-Officer while thou hadst these House, before thou soldest them? What Rent did they pay?
Stephens. One went at 16 l. and the other at 7.
Council. Who were Tenants of those Houses?
Stephens. Phillips is one, and Sharp the other. My Father left them to me.
Q. What did you sell the three for?
Stephens. Sharp gave me 70 l. for the three.
Council. Where did you live when Mrs Legrand lodged with you?
Stephens. At the Corner where my Father did.
Council for the Prosecution. If such Doctrines and Evidences had not been advanced, that I never heard before, I should have no Occasion to give you any Trouble. It is an amazing Thing to me, that in proving the Hand now before you, which is wrote more regular and large than any one that has been produced, &c. The learned Gentleman says, he thinks it is his Hand-writing disguised, because the End looks as if it were real, and the Beginning and Middle bad. Would not the Party, would he not have taken care that it should have been written proper? The Bond and Powers that are produced, they are as convincing Evidence, that it cannot be his real Hand; they are not spelt the same, not turned the same. It shews the Man wrote an even, regular Hand in general; and how he could be induced to write so now, is very strange. This wicked Witness you have called up, how, when the Man has prevaricated as he has done, whether he is a Man to be credited or no? The last Time he was examined here, it was enquired where he lived; he then gave an Account it was at Bull-Wharf; there was no such Person ever there, Landlord or Tenant. What do they make further? why, that Mrs Legrand, the French Gentlewoman, came into Newgate, and this Fellow is so hard as to say, he saw the Woman write the Name Legrand while she was in Newgate. These Gentlemen are more fortunate than other People, that Ladies should be so much in Love with them. I do not know any thing so charming they could see in his Face, to induce them to do such Favours as these. Our Inquiry is after Truth. I desire nothing that may bear hard against him.
Backhouse. One Day the last Sessions I went to almost all the Inhabitants thereabouts. I had lived in Queenhithe five or six Years before.
Backhouse. The Account I had was, that there was no such Person ever known. I asked twenty People; I asked all the old Inhabitants that must needs have known a Person that had an Estate of three Houses.
Court You did not enquire at the Hoop-benders?
Backhouse. No, but over the Way I did.
[The Witness ( Stephens ) was very severely censured by the Court, as he appeared to be notoriously perjured, and instead of his Evidence availing any thing to the Prisoner, it helped to prove fatal to him.]
Guilty of feloniously uttering the Note, knowing it to be stolen, but not of the Forgery .
Guilty, Death .
20, 21. + John Wilkins and Henry Cobb were indicted for a Robbery on the King's Highway, committed on Jane Todd , putting her in bodily Fear, and taking from her one Camblet Gown, value 10 s. one Pair of Breeches, value 5 s. and one Bag , the Goods of David Silver of Islington, the 25th of October .
Q. Where was you going?
Todd. To Islington.
Q. Where was you coming from?
Q. Do you know the Place they met you?
Todd. In Compton-street, they followed me all up the Street.
Q. Which of them?
Todd. That Soldier with the Handkerchief about his Head (Wilkins)
Q. Well, what did he do?
Todd. He followed me up Compton-street; now and then he gave me a Jobb with a Stick, and he waited for the other to come to him several Times, and called him.
Q. What did he say?
Todd. I think he called him Tom, then they went and stood at the Watch-house at the End of Wood's-Close; he stood there and called for the other, then they both came up and stood under the Golden Fleece Window, and there was another Gentleman that was coming to London, or going to Islington, and he went into my Lord Cobham's; so these Soldiers they went
Q. What Things?
Todd. The scarlet Gown, and Snuff coloured Breeches, and another wrapped up in a Cloth Bag, they took and slung them into the Ditch.
Q. Was that all the Things?
Todd. And a coloured Handkerchief, they flung them into the Ditch, and afterwards jump'd in, and took them out, and away they run.
Court. You say but one took away the Things from you?
Todd. It was he with the Handkerchief slung them into the Ditch, then jump'd in and took them out, and ran away.
Q. Did you see any more than one?
Todd. There was two at the Turk's-head Gate, but there was but one that meddled with me.
Q. Where was you when they met with you?
Todd. I was under the Turk's head Window, they stood both together at the Field-gate when I saw them; but whether the other Man went away, I cannot tell.
Q. But as it was dark, how do you know they are them?
Todd. By their Tallness they are the same.
Q. When did you see them afterwards? You saw the Soldier jump into the Ditch, and took up the Bundle that he took from you, and run away Now go on: What followed after this? Do you live at Islington?
Todd. Yes, Sir.
Q. Was no body with you?
Todd. No, Sir.
Q. Give an Account when these Men run away. What did you do?
Todd. Sir, I cried out Murder! stop Thieves! I ran down as far as the Turnpike, and the Turnpike-man catched the Soldier.
Q. What followed after this?
Todd. The other Soldier was catched, (he with the Handkerchief about his Head) and swore that I was his Sister.
Q. What did you do after this, you say both the Soldiers were taken? What became of them?
Todd. Sir, they were catched, and I went before the Justice that Night, and the Justice was not at Home I believe; and I went before the Justice the next Morning, the Gentlemen went with me.
Q. Was it not very dark between six and seven o'Clock?
Todd. I could see their Cloaths, but I did not mind their Faces.
Court. You say there was but one that meddled with you?
Todd. No, and he had his Hair on then.
Q. How do you know that's the Soldier?
Todd. He has cut his Hair off. I look'd at him as I was on the Ground, and cried out Murder. I was frightened; I was afraid they were about to kill me.
Vaughan. On Saturday the 25th of October, I was coming from Islington, between the Hours of six and seven, and just as I came by my Lord Cobham's Window, I saw the Prisoner at the Bar, John Wilkins , otherwise Roberson, take the Bundle from underneath the Girl as she lay upon the Ground.
Q. Did you know the Man before?
Vaughan. No, my Lord.
Q. Are you sure that's the Man?
Vaughan. Yes, my Lord, I am sure that is him that has the Handkerchief about his Head. After he had robbed the Girl, he run into the Road; I pursued him with the Bundle under his Arm, down to the Turnpike and back again, almost to the Place where he committed the Robbery, then he dropped the Bundle in the Road, thinking that I might stop to take it up, but I let it lay, and pursued him. Just as he was entering into Wood's Close Field, I, with the Assistance of another Gentleman, took him and carried him into my Lord Cobham's, which is a Publick-house; we were there about five or six Minutes, and he went out along with the Constable, and shewed him were he dropped the things; the Bundle lay where he dropped it. The other Prisoner, Cobb, he came in, alledging that Wilkins was drunk, and he said the Girl was his Sister, and that he had been beating of her, because she would not do as he would have her. Then, my Lord, we asked Wilkins if he knew this Cobb, he said no, he did not know him; and we asked Cobb whether he knew Wilkins, he said yes, he had known him two or three Years, and had been in his Company a great many Times. So, my Lord, we searched Cobb, and took an Hanger away from him; that is all, my Lord, I know of the Affair.
Q. Did you see Cobb at any Time before he came into the House?
Vaughan. No, my Lord.
Q. to the Prisoners. Will either of you ask this Witness any Questions?
Court. Well, he does not say that he did.
- Barnes. As I was coming to Town the 25th of October.
Q. Was you with Vaughan?
Barnes. Yes, about the Distance of three Yards before we came to my Lord Cobham's, I saw the Prisoner with the Handkerchief about his Head, take the Bundle from under the Girl, and immediately he jumped into the Ditch, and then into the Road, and made towards the Turnpike; Mr Vau ghan after him directly to the Road; and I went towards the Turnpike. Just about the Place where he took it from the Girl, there he dropped it; he turned to the Right, near Wood's Close, and Vaughan took hold of the Flap of his Coat: the Noise of the Girl alarmed the House, and Mr Hayward came out of the House, upon that he collared him, and Vaughan said this is he. Hayward said, You Villain, how could you serve the Child so? says Wilkins, be a Friend to me, and I will tell you.
Q. Where was the Child?
Barnes. The Girl stood under the Window when I left her; when Wilkins said, be a Friend to me, Hayward said we will, if you will shew us the things, with that he went out, and showed him; with that the other Prisoner, Cobb, came in, and said the Prisoner Wilkins was in Liquor, let him go about his Business. Some other Gentlemen in the House said, How should you know he was in Liquor, unless you were an Accomplice with him? They insisted upon his being secured as well as the other. The other Prisoner (Cobb) stood about the Distance of a Yard and a half from the Girl, when the Prisoner Wilkins took the things from her, but I did not see him do any thing.
Q. How did you know it was he?
Barnes. My Lord, I never lost Sight of him.
Court. You have told us that you know Wilkins, but how did you know the other Prisoner Cobb?
Barnes. I can't swear to his Face. He had a great blue Coat on; and the Person that came in, that said Wilkins was in Liquor, I can take upon me to swear, that that is the Person that stood up against the House. Then we had them before a Magistrate, and there was an Hanger found upon Cobb.
Hayward. I was at the House of Mr Taunton's, at my Lord Cobham's Head, on Saturday the 25th of October last, where I heard an Out cry of Murder repeated two or three Times; immediately after added, Stop Thief. There were several Gentlemen in the Room. I said, Gentlemen, will no-body go to the Assistance of this Person?
Q. What was the cry?
Hayward. The Voice of a Girl. I said, Will none of you go to the Assistance of this Person? Upon which Mr Greenwood, the Constable, immediately turned out of the Door along with me; when we came out, there was a Person running up the Road, crying Stop him, Stop him, this is one; upon which I ran up the Causeway; this Mr Vaughan pursued him, and brought him as it were into my Arms. I saw the Girl. I said, You sorry Villain, how could you meddle with this Child? Where are the things you have taken from her? Upon which I led him into the House, and I told him, if he would tell me where the things were that he had taken from the Child, he should go about his Business; he then, my Lord, begged that I would stand his Friend, and if I would, he would go and shew me where the things were; upon which I led him out by the Collar, and he went across the Way into the high Road, and there the Bundle lay; and I took it up, and we brought him back into the House; as I was bringing him into the House, the Prisoner, Cobb, was standing under the Window; and he says to me, let the Fellow go, for he is in Liquor, he is fuddled, and said that the Girl was his Sister, and because the little B - h would not do as he would have her, he had pushed her down, and that was all, so desired that I would let him go; so we charged the Constable with them both, and we went before the Justice the next Morning; the Night when we went to the Justice's, he was not in the Way; I sent to one of the Under-keepers of Bridewell, and he asked if we had search'd them, we said no; upon which we searched them and found the Hanger.
Greenwood. I pick'd them up in the Road, by the Direction of Wilkins or Roberson.
Court. He went with you, did he?
Greenwood. Yes, my Lord, and these things I found in the middle of the Road in that Bag.
Todd. Yes, A scarlet Gown, a Pair of Breeches, and a Handkerchief.
Q. Whose were these things?
Todd. My Mistress's.
Court. You were carrying those things Home, were you not?
Q. Who is your Mistress?
Todd. Mrs Silver.
Todd. Yes, Sir.
Court. So that Gown belonged to them, and you was carrying of it Home?
Todd. Yes, Sir.
Q. What besides the Gown?
Todd. A Pair of Snuff-coloured Breeches, and a coloured Handkerchief.
Q. Whose were the Breeches?
Todd. Her Brother's, Sir.
Court. Do you know your Master's Name?
Q. to the Prisoner. What have you to say in your Defence against this Charge?
Wilkins. Please you, my Lord, I was going from Islington, and was very much in Liquor, and meeting this Girl in the Causeway, I pushed this Girl down, and the Bundle falls into the Ditch; then she cried out, stop Thief; then there was some Gentlemen coming along, and they laid hold of me and said, this is the Man.
Q. Was this Girl your Sister?
Wilkins. Please you, my Lord, I never said she was my Sister.
Q. to Cobb. What have you to say for yourself?
Cobb. My Lord, as I was getting up on Saturday Morning, this young Fellow says to me, will you take a Walk? I goes with him to Islington, and we spent some Time playing two or three Games at Cards.
Court. If I understand you right, you and your Comrade had been playing at Cards about three; but when did you Part?
Cobb. Between the Turnpike and the Duke of Cumberland's Head.
Q. About what Time did you part?
Cobb. Between five and six o'Clock.
Q. Have you any thing further to say? Will you call any Witnesses?
Cobb. When my Comrade was taken, I heard a Disturbance; I goes into the Yard, and that little Man with a black Wig he catches me by the Collar, and said I was one of his Confederates; whereupon he takes my Hanger from my Side, and my Stick out of my Hand.
Court. Here is one of the Witnesses saw you standing within a Yard and half of the other Prisoner, when the Bundle was taken from the Girl. Have you any Witnesses?
Court. Hayward, do you observe what Cobb said, that Wilkins (the Prisoner) was in Liquor? What did you observe of it?
Hayward. The young Fellow appeared to me to be in Liquor, he begged that I would be a Friend to him, that he never did any such Thing before, but the other Prisoner (Cobb) put him upon it. This is going farther than I did before.
Court. Cobb, have you any Witnesses?
Cobb No, my Lord, I have not.
[ The above Witness ( Hayward ) discovered a compatunate Regard for the Prisoner ( Wilkins ) and by what appeared to him, that he had not been used to such a wicked Employment, and did firmly believe he was drawn into it by Cobb, who had the Success to escape, as there was not that full Evidence against him].
The Court gave Cobb a solemn Warning to be careful of his Conduct for the future, as he had so very narrow an Escape for his Life.
22. + William Gomes Figueiro , Yeoman , was indicted for feloniously, and without the Consent and Privity of the Keeper, or Under keeper of the Goal, called Wood-street Compter, London, did convey, and cause to be conveyed into the said Goal, certain Materials, called Paint, in order to be used by one Robert Fitzgerald , who was then a Prisoner, committed for Felony, in order to be used by the same Robert Fitzgerald as an Instrument to disguise himself, in order to facilitate his Escape out of the said Goal; and that the said William Gomes Figueiro , the said Material, called Paint, to the said Robert Fitzgerald , the Paint being an Instrument and a Material proper to be used to disguise, in order to facilitate the Escape of the Prisoner, did then and there feloniously, and without the Consent and Privity of the Keeper or Underkeeper of the said Goal of Wood street Compter aforesaid, deliver, or cause to be delivered, (he the said Robert Fitzgerald being a Prisoner committed to the said Goal) with an Intent to aid and assist the said Robert Fitzgerald to attempt from and out of the said Goal, called Wood-street Compter as aforesaid, against the Form of the Statute, and against the Peace, &c.
Q. How did he attempt an Escape?
Levy. In Woman's Cloaths.
Q. Did you see him in Woman's Cloaths?
Levy. Yes, my Lord, he was kept in Woman's Cloaths till I came Home. I was out when the Attempt was first made. I was afterwards informed of Prisoner's assisting to Fitzgerald's Escape.
Bull. On Monday, the 6th of October, Fitzgerald attempted to make his Escape.
Bull. I am a Prisoner. On the 6th of October , between six and seven o'Clock, Mr Fitzgerald came down Stairs in Woman's Cloaths, and with his Face painted, but by the Diligence of the Turnkey, Fitzgerald was detected, and stripped of the Cloaths in my Room. Mr Levy, upon enquiring who was aiding and assisting, with respect to the Cloaths, had some Suspicion of Figueiro, as they had some Intimacy. I heard him say that he painted some small Part of his Face, his Eye-brows, and some small Part under the Eye; then Mr Levy asked if he knew any thing of the Cloaths, he said he did, but he did not understand by the Laws of England, that he had committed an Offence, that was what he said in my Room.
Q. Where do you live?
Q. What Lodgings did you let her?
Reddish. A Two-Pair of Stairs Room, backward, at two Shillings a Week.
Q. Was it furnished?
Q. Did she give you no Notice of going?
Reddish. No, my Lord, she left my Lodgings the 25th of November, I had a Suspicion she had taken out my things before I took her up. I found a Pair of Blankets, a Pillow, a Pair of Sheets, and a Looking Glass, gone at the Time that I took her.
Q. Whose Goods were all these?
Reddish. Mine, my Lord. Last Monday I missed two Curtains, they were Cheeny.
Q. What did she say when you took her?
Reddish. When I went before the Justice, she said, if you will have Mercy on me, I will tell you of your things. I said, Mrs Lever you have used me barbarously before, for I have lost a great many things since you have come into my House.
Q. Where was her Husband?
Reddish. Her Husband has been there, I think I have seen him, but I never saw him there but once.
Q. When did you see him there?
Reddish. I believe about three or four Months ago.
Q. Have you any thing more to say?
Reddish. Here is a Paper she gave me as a Direction where she had pawned them; but after I was gone, she said I should not find them there; when I went to the Pawnbroker, he said he could not tell if there was any such things, she must come herself.
Court. Prisoner, will you ask her any Questions?
Prisoner. She lays more to my Charge than I am guilty of. Her Husband broke open the Door upon me - I never left her Lodgings.
Miles. I lodged in Reddish's House, and I went along with Martha Reddish and the Constable; and before the Justice, she (the Prisoner) confessed she had pawned the Blankets for 8 s. the Pillow for 1 s. and Looking-glass for 1 s. and the Pair of Sheets for 2 s. with that the Prisoner at the Bar said to Mr Reddish, you have Children of your own, take Compassion on me, and I'll tell you where the things are; if you will go to the Golden-Ball there you will find these things. I went with Mrs Reddish to that Pawnbroker, but could not find them; we came back again to the Prisoner to know why she had made such a Fool of her: she said they were pawned to another Woman, and she would not tell her without giving her a Discharge.
Q. to Reddish. Were all these things in your Room?
Reddish. Yes, my Lord; the same night the Prisoner was taken up, I was with her Husband, I told him the Prisoner at the Bar was about to be sent to Newgate; he said he was sorry for it.
Young. I happened to be in Court, and she has seen me. I have known her Husband's Mother, and her Mother. I am sorry she is here.
Guilty 10 d.
Q. Where do you live?
Q. Did you buy them of her?
Bullock. She asked me a Shilling for them; I thought she had stolen them, and I refused to buy them. I had taken down a couple of new Candlesticks, and set them upon the Compter. I had several
Q. Was she sober?
Bullock. I do not know, my Lord.
Miller. No, my Lord, but I was in the Shop when she came in, and all the Time she was there.
Q. Did you turn up her Cloak?
Miller. Yes, Sir, I turned up her Cloak, and it was at her Apron-string.
Court. Prisoner, what have you to say for yourself?
Prisoner. I was in Liquor.
Q. What have you to say against the Prisoners at the Bar?
Addison. They are the same Persons that conveyed away my Goods.
Q. Where do you live?
Addison. In Cross-street, Hatton garden.
Q. When did they take away any thing of your's?
Addison. On the 10th of November the Prisoners both came into my Shop.
Q. What Shop do you keep?
Addison. A Snuff-shop and Weaver's.
Q. What did they come for?
Addison. When they came in, they asked the Price of the Check, and I shewed them one and another, and they did not like it; but they conveyed away a Remnant of Check.
Q. What was it made of?
Addison. Cotton and Linnen.
Q. Have you ever found it since?
Addison. No, my Lord.
Q. When did you miss it?
Addison. I missed it before they went out of the Shop.
Q. Did you take them up immediately?
Addison. Yes, Sir, and the Justice desired that they might be searched, and they had not a Farthing of Money to buy any thing with.
Q. Prisoners. what have you to say for yourselves?
[ One of the Prisoners declared, that she had half a Crown in her Handkerchief tied up, which was lost in the Hurry and Confusion]
27. Elizabeth Sprightly was indicted for stealing one Dimity Petticoat, value 4 s. one Linnen Sheet, one Table cloth, three Linnen Handkerchiefs, and two coloured Aprons, &c. the Goods of Sarah Wilkins , Lily Cameron , and John Dudley , Esq ; out of the Lodgings of Eleanor Howard . November 8 .
Howard. Sir, when I was acquainted with her, she worked Plain-work for a Gentlewoman; she took these Things from me.
Court. See if this be that Dimity Petticoat.
Q. Where were these Goods?
Howard. I had them to wash.
Q. Who gave you them to wash?
Howard. The Lady Dudley.
Q. What is she a married Lady?
Q. Who gave them to you?
Howard. The Lady Dudley's Woman gave them to me the Week that they were taken from me, on Saturday the 8th of November, the Petticoat, Table-cloth, and the Sheet.
Q. Where did you put them? Or, where did you lose them?
Howard. They were drying in the Garret.
Q. How long was it ago that you missed them?
Howard. Sir, I lodge up two Pair of Stairs, and I heard the Prisoner go down Stairs, and I looked out at the Window, and saw her go out with the Things.
Q. When did you take the Things on her?
Howard. When I saw her go out, I saw the Handkerchief that I thought was Esquire Dudley's, and I went after her.
Q. And when or where did you take her?
Howard. I overtook her in Cross-street; and those two Gentlemen, Pierce and Wilkinson, they assisted me to take her, and found these things upon her; here are two coloured Aprons.
Q. Whose are these?
Eleanor Howard any Questions?
Pierce. I am Foreman to one Mr Cross, a Plumber; at a Publick-House we use, we were going to Dinner the 8th of November, while we were there we were washing our Hands; the Prosecutor run down Stairs, crying, She was robbed. Seeing of her run out after the Prisoner, I ran after her, and one of my Fellow Servants, John Wilkinson , I ran before the Prosecutor and seized the Prisoner, and seized this Bundle. I led her to the Publick-House, and had her into a little Room, and would not let any Body meddle with her, till we sent for a Constable to see the things; so we turned them out one by one.
Q. Was Wilkinson with you?
Pierce. Yes, my Lord.
Q. How did you know the Prisoner?
Pierce. I was in Sight of her as soon as I went out at the Door.
Q. to the Prisoner. Will you ask this Witness any Questions?
John Wilkinson . Please ye, my Lord, I was a going to Dinner; as we went into the House, this Woman comes running down, and said she was robbed, and she wanted Assistance, so we run out, as the above Witness has declared.
The Indictment was fully proved against the Prisoner. It appeared, that her Mistress would not have prosecuted her, had she not provoked her to it. The Prisoner had, in general, a good Character.
Q. What have you to say against the Boy?
Bennet. The Watchman will tell you
Q. When did you lose these Boots and Spurs?
Bennet. The 12th of last Month, about 11 o'Clock at Night.
Q Where did you find them?
Bennet. I found them upon the Boy's Legs at the Watch-house.
Q. What Watch-house?
Bennet. St James's.
Hockley. I am a Watchman in Brewer-street, about the Hour of 11 I found the Stall open, and I found these Boots on the Prisoner's Legs; he had thrown the Spurs one to one Side of the Stall, and the other behind an Oyster-tub, at the upper End of the Stall.
Q to the Prisoner. Boy, what have you to say in your Defence?
Prisoner. I saw the Stall open a little after 11, I went back three or four Doors; I do not know what came into my Head, I pulled off my Shoes, and put on these Boots.
30. Mary Johnson , otherwise Sudley, otherwise Barker , was indicted for stealing one Gold Ring, value 10 s. one Silver Buckle, value 5 s. one Yard of Holland, value 3 s. one Cambrick Cap, four Pair of Thread Stockings, value 1 s. one Pair of Sheets, value 5 s. one Dozen of Silk, &c. the Goods of William Archer , the 25th of May .
Archer. Yes, my Lord.
Q What is she?
Q. When did she lodge there?
Archer. It was the 25th of May I turned her out of my Apartment.
Q. Did you lose any thing about that Time?
Archer. I had a Trunk stood in my Room, and I found my Trunk broke open the 25th of May; I went before Justice De Veil, and got a Warrant, and searched her Trunk, and found the Gold Ring, a Silver Girdle-buckle, one Yard of Holland, two Yards of Lace, a Cap, a Pair of Stockings, some yellow Silk, four or five Pair of white Stockings, about an Ounce of Silk, and a Frock; all these were in the Trunk, the Sheets were not, my Lord; the Sheets she had made off, I got this Silk I found upon her, and this Pair of Stockings, and this is my Callico she had made into a Frock for her Child. She had broke open the Box three or four Months before; I being a Servant, she got to the Constable before me, and got her Discharge; and Yesterday was three Weeks I got a Warrant and took her up; I found this the 26th of May, I found that Frock.
Q. Was it in a Frock when you lost it?
Archer No , my Lord, it was in loose Callico, the Prisoner had wore it two or three Months before I knew any thing of the Matter - This she had left in the Trunk. About March last I went to take out something I wanted, which was a Piece of Holland;
Q. Where did you live?
Archer. I lived with Mr South, a Brewer; the Room she was in was my Room, that I had let to her for ten Months.
Q. When did you observe your Trunk was first broke open?
Archer. As near as I can remember, it was in March.
Q. Did you ever find any Thing upon the Prisoner?
Archer. I found the Ring upon her in her Box in my Room, this Frock, this Silk, and Stockings; which, when I claimed, she said they were her Husband's.
Q. When did you first miss the Callico?
Archer. It was the 25th of May.
Q. How came you not to take her up before November ? You say you did not take her up again till November.
Archer. No, my Lord, by reason I was in Place, and could not have Time to attend such a troublesome Affair.
Q. How long has she been committed?
Archer. I think the 14th of November.
Q to the Prisoner. Would you have me ask the Witness any Questions?
Prisoner. My Lord, she says she found that in the Room in my Box; my Lord, I had no Box there.
Q. to Archer. The Box that you found the Things in, was it the Prisoner's?
Archer. She borrowed it of one Mary - .
Q. How do you know that Person might not put the Things in?
Archer. My Lord, if she can prove that; my Lord, when the Constable was there, she threatened me, and asked how I dared to take her Box, and threatened to hit me a Slap in the Face.
Willis. My Lord, the Prisoner at the Bar was a Lodger in my House, in the Gentlewoman's Room.
Q. What do you know of your own Knowledge?
Willis. I know nothing amiss of her.
Q. Did your Wife cut out these Things?
Willis. She cut several Things for the Prisoner, but I cannot say as to these; the Prisoner was in my House, I trusted her, I never knew she wronged me.
Prisoner. Here are several substantial People to my Character.
James Welch . I live in Jermyn-street, I served on the Middlesex Jury the last Sessions; I have known the Prisoner for three Weeks Yesterday, her Husband I imagine is Benjamin Barker , he brought the Prisoner into our House the Day before she was taken up, and used her exceeding ill; he said, You B - h you have cost me 30 l. within thse two Years. The Prisoner told my Wife, that she was a Wet-nurse, that her Husband had took the Child she had put to nurse out, and would not let her know where it was. All that she wanted of him, was to know where the Child was; she told him, if he would allow her 4 s a Week, which he then gave to another, she would not trouble him any more. Her Husband comes the next Morning, and asked if the Prisoner was come there, and said, when she comes, I must beg of you to stop her, because I have got three or four Persons to swear a Robbery against her; he said, a d - d B - h, if I can get her hanged or transported, she cannot trouble me any more.
Court. I understand, that the Prisoner's Husband had some Dislike to her, and you imagined him to be the Author of it.
Welch. I am sensible of that, he collected all the Evidence he could, and said he would hang or transport her, then he should be rid of her.
Q. to Welch. How came you to be engaged in this Affair?
Welch. This was the third Time I saw her; and it appeared to me to be a most malicious Prosecution; that was the Reason of it.
Halsey. I knew the Prisoner when she came first to lodge in the Neighbourhood. I never heard no other but she was a worthy honest Woman in all the Neighbourhood, and acted as such: when she came first to lodge with Mr Blackmore, it was next to me.
Q. Do you think she would be guilty of doing what is laid to her Charge?
Burgess. No, I never heard her say an ill Word, nor never saw her disguised in Liquor in my Life. The Prisoner was honourably acquitted .
31. Mary Barker , otherwise Johnson, otherwise Sudley, was a Second Time indicted for stealing seven Silver Spoons, two quilted Petticoats, two Pair of Shoes, an Holland laced Cap, a Dimity Petticoat, &c. the Goods of Thomas Mott , Oct. 15, 1741 .
Thomas Mott . What have you to say against the Prisoner?
[This Evidence was very blunt and unpolished in some of his Answers; but we shall give it pretty exact in his own Words.]
Q. Where do you live?
Q. When did she come to lodge there?
Mott. She came the 2d of October, five Years ago.
Q. How long did she lodge at your House?
Mott. Better than a Fortnight, Sir.
Q. Did you lose any thing while she lodged with you?
Mott. Seven Silver Spoons.
Court. Seven Silver Spoons while she lodged with you five Years ago?
Q. What are you?
Mott. A Corn Chandler. There was eight, but she took but seven of them, and a long Riding-hood.
Q. What was it made of (the Riding-hood) Stuff or Silk?
Mott. No, no.
Q. What, was it Camblet?
Q. Any thing else?
Mott. Two Pair of Shoes.
Q. What were they Mens Shoes or Womens?
Mott. This Girl's Shoes.
Q. What else?
Mott. Two Flannel Petticoats.
Q. Any other things?
Mott. Two Quilted Petticoats.
Q. Any other Things?
Mott. That Room she lodged in, she took the Sheets off of the Bed.
Q. Any thing else?
Mott. No, she did not take any thing else as I know of, my Lord. She took this Girl with her to go to see her Aunt; she left this Girl in Pawn at the Ale-house.
Q. When was that?
Mott. In October, five Years ago.
Q. Did you never hear of the Prisoner since?
Mott. Yes, I have heard of her, but I could never catch her till now.
Q. How do you know she took the things?
Mott. Because there was no Body but this Woman and the Child in the House.
Court. You did not see her take that?
Mott. No, my Lord.
Court. You never found these things at any Place where she lodged?
Mott. No, my Lord, she paid one Week, that's all.
Q. Did you make any search at any Pawnbrokers?
Mott. We made Enquiry, but could never hear any thing of them.
Q. Where was the Spoons?
Mott. Upon the Chest of Drawers we have at Home.
Q. Did you see them that Morning?
Mott. Yes, They lay just at the Bed-side.
Q. Were these Spoons left in the Room where this Person lodged?
Mott. They were left in the Room where I lie. My Wife was gone to receive some Money, and left the Girl at Home; when my Wife came Home, she said to her, Mrs Mott, I wish you would let the Child go with me to see my Aunt, and she pawned her.
Q. Are you in Business now?
Q. Who looked after the Shop when your Wife and you was gone out?
Mott. The Child.
Q. How old is she?
Mott. Twenty Years of Age.
Q. to Buley Mott. How old are you?
Buley Mott. I am eighteen. [Her Father had said she was twenty, and when the Question was put to her again, she said she was about twenty.]
Q. What have you to say against the Prisoner at the Bar?
Mott. My Lord, she lodged at our House, and lodging at our House, she seemed to be frightened one Night, and desired I might lie with her; so she got into Bed, I got into Bed first - I got into Bed, and laid next to the Wall; so she said to me, let us take away the Sheet, I always do in cold Weather, because the Cold should not come to my Feet. The next Morning I goes into my Father's Room to lock the Door where my Mother lay; when she came down Stairs, she desired me to lock her Door, next Door to her's. Mother called me down Stairs to the Shop, and Mother being busy, this Prisoner got up in the Morning, and desired my Mother to let me go with her to an Aunt of her's. My Mother asked her to drink a Dish of Coffee, she said she was in a Hurry.
Q. How long did she live in your House?
Mott. About a Fortnight.
Q. What Time did she get up?
Court. And you left the Prisoner in Bed?
Mott. Yes, my Lord, my Mother was up, and the Prisoner desired I might go with her to see her Aunt; as we were going along to Westminster-Abbey, going along to Long-Ditch - .
Q. What Time did you go out with her?
Mott. My Lord, I believe it was before eight.
Q. Where did you go with her?
Mott. She went through Courts and Places I did not know where; she had me to an Alehouse, and called for a Pint of Drink, and said she would come to me presently; then she comes back again, and said, she had been at her Aunt's. She asked if I would drink a Glass of Wine; I would have went with her to her Aunt's, she said her Aunt was coming there to be merry.
Q. How long did she stay with you the second Time?
Mott. She came to the Door, but did not stay with me; she asked me if I would drink a Glass of Wine, and went away, and said, she would come presently; she said some Friends were coming to be merry, but she went away, and did not come back. I staid there three or four Hours, and I went home and told my Father how she had served me; when I came home, my Father got a Ladder, and got in at the Window. My Father did not open the Casement till the Evening; she was with Child then.
Court. It was pretty early for you to know that she was with Child then. Well, what then?
Mott. Then afterwards we heard that she was gone down to Colchester.
Q. Did you see that she carried these Things away when you and she went out?
Q. How could she carry these Things away, and you not see it? You did not see any of these Things upon her?
Mott. No, my Lord.
Q. to the Prisoner. What have you to say in your Defence?
Prisoner. This young Woman (the Witness) when she first saw me, said she did not know me, but the other Woman that was a Witness against me in the former Trial, she told her she might safely swear to me, for I was the Person.
Manning. At Hide-Park, I am a Master Statuary, she has lived in two Houses of mine for these two Years, and has a very good Character, or I should never appear for her.
Q. Where is your Rents?
Manning. In White-horse street, just as you go down the Hill.
Q. How does she behave? What Character does she bear?
Manning. A very good Character.
Clear. I live in May-fair, I keep a Grocer's Shop, and my Husband is a Cabinet-maker.
Q. Do you know the Prisoner at the Bar?
Clear. I have entrusted her in my House and Shop, and she bears the Character of a very honest Woman; I have entrusted her all over my House, and I never lost any one Thing.
Halsey I have known her upwards of a Y ear and half, I live in May-fair, I rent a House there between 20 and 30 l. a Year; I have known her ever since she first came to lodge in our Neighbourhood, I never heard she was given to strip her Lodgings, or went by different Names. She always answers to the Name of Barker.
Court. Any thing more to say?
Halsey. As to her Character and Behaviour, I know no one in the Place has a better Character and Behaviour.
Q. Where do you and your Husband live?
Welch. At the Horse-shoe in Jermyn-street, I have known the Prisoner but the Night before she was taken; here is the Girl that has been examined as a Witness, (Buley Mott) said she did not know her, and Mary Archer , her Prosecutor upon the last Indictment, said, Come along, that is she. Barker, her Husband, brought her into our House the Day before she was taken, and used her exceeding ill.
Q. What in your Presence?
Welch Yes , and we took her Part. The next Morning when he came, his Expression was, Is that B - h come yet; says he, if she comes, pray be so good as to stop her; he said, there were three or four Women to swear a Robbery against her, he said he would hang or transport her, then he should get rid of her.
Bidle. I am Servant to Mr Bussel.
Q. Do you know the Prisoner at the Bar?
Bidle. I have known her six or seven Weeks, she came to my Master's to be Wet-nurse the 16th or 17th of October.
Q. What then?
Q. How long have you known the Prisoner?
Welch. Three Weeks; she was twice at our House, and by the Discourse her Husband had with her, I found that she had been married to him, or gone by his Name for two Years.
Q. Well, what past then?
Welch. He called her B - h, &c. she said he had taken away her child, and if he would tell her where it was, and allow her 4 s. a Week, she would not trouble him; he said she had cost him 30 l. within these three Years; he took away all the Furniture of her Room for three Weeks; he said he had only entailed a Chamber-pot upon her, or some such Expression; she owned she had about 18 l. of his Money within two Years, with Apothecary's Bills, and Illness: she appealed to my Wife, my Wife said that she had cost me twice as much in half the Time. So he went home with her about a 11 o'Clock, yesterday was three Weeks; the next Morning he asked if she was come there, I said no, so he said when she came, he desired I would stop her; he said if he could but hang her or transport her, he should get rid of her, so I desired that he would get out of the House, we did not desire such Company. It has cost me near 3 l. purely to serve the Woman, as we believe it to be a Prosecution set on Foot by the Malice and Wickedness of her Husband.
The Court expressed the utmost Indignation against the inhuman Wretch of a Husband, for his base Conduct, as attested by two very credible Witnesses, and most honourably acquitted the Prisoner: and proposed ( without being asked) to grant her a Copy of her Indictment, that might be an effectual Security against any such like Proceedings of her wicked Husband; and if she thought sit to be a Scourge to those who have fallen in with his base Advice. The Court told the Prisoner they hoped she would make a prudent Use of it, but she might sue them for a Conspiracy or Perjury.
Storaca. I have had a Lodging at Mrs Rawlins's for several Months, but the House has been for some Time in the Possession of Mr Mc Allester. On the 22d of October, I came Home, and they would not let me in.
Q. Who was the owner of the House then?
Storaca. It was O Mc Allester.
Court So he was then in Possession of the House?
Storaca. Yes. I came again by five o'Clock, and they would not let me in. Then I came again at ten o'Clock at Night, but they would not let me in. When I came the next Day, I found my Door broke open; I asked Mrs Ann Rawlins if the knew any thing about it, but she said that two Men had took Possession of the House.
Q. When did you leave your Room locked up?
Storaca. The 22d, when I went about my Business.
Q. What Business are you?
Storaca I am a Musicianer , my Lord.
Court. You don't know any thing of these People having your Money, but as they were in Possession of the House?
Q. At whose Request were these Men taken up?
Storaca. At Mr Mc Allester's.
Council for the Prisoners. How came you to know that Mrs Rawlins had ablated her Property?
Storaca. I saw a Writing, that she had received five Guineas, and was to receive more.
Council. Do you know upon what Account the Prisoners were put into the House?
Council. Do you know the Value of the Goods?
My Lord, this is a Prosecution against Mrs Rawlins herself. Did you not owe some Rent to Mrs Rawlins? Did you not owe for three or four Weeks? Was you not asked for the Rent, and did you not make an Excuse that you was not able to pay. When was. you asked for your Rent? Did you not make an Excuse that you could not do it, because you was robbed? When was it you said you had lost your Money?
Storaca. It was the Day se'nnight before.
Council. Had you any Money in your Pocket?
Council. Had you any in your Escrutore?
Council. Why did you not pay your Rent?
Mary Rawlins . This Woman was plagueing me every Moment about Money.
Q. Who was this Goff?
Price. The Prisoner at the Bar.
Q. What do you know about the six Guineas?
What was it those two People had to do in the House?
Price. On the 22d of October, a Lawyer came, and was about to take away all the Goods.
Q. Was the Lawyer to take away the Goods, for Money that he had paid?
Q. How long did they stay?
Price. Sir, they staid all the Day.
Q. Well, at last who discharged them?
Q. Who broke them open again?
Court. His Room was locked up but now.
Q. Well what did Mr Mc Allester do?
Price. When he came, when he got in at the Door, he went to these two Men in Possession, and they were in Bed; and they brought them out, and carried them to the Round-house.
Price. Mr Mc Allester.
Court. When they were carried out, there were Padlocks upon all the rest of the Rooms, there was a Padlock upon Mr Storaca's Room among the rest. What was the Time that you left the House?
Court. But you do not know any thing of the six Guineas?
Price. He commonly left the Key of his Escrutore in the Room in the Window; I have seen it as I use to go in to make his Bed.
Court. So then, as you was a Servant in the House, you could go and see what Money he had at any Time? Why, this Gentleman was out it seems every Day, and he always left the Key of his Escrutore in the Window.
Price. My Lord, he locks up his Room.
Court. Pray, Child, if he always locks up his Room, how do you know that he use to leave the Key of his Escrutore in the Room?
Oliver Mc Allester . My Lord, I have lived in this House, that is, Mrs Rawlins's, since March last, this Woman that keeps the House, is a very unfortunate Woman, and often out of her Senses, and often intoxicated with Liquor; she has often pressed me to buy her Goods, I always refused, and said I would not do it unless she would bring her Friends; her Sister in Tavistock street with her Friends, they desired I would take these Goods into my own Hands. I have advanced some little Matters from Time to Time merely out of Compassion to her, and I have supported her from my own Table. About the 22d of October, a Lawyer and the Prisoner (Goff) comes to the House, pretending to have an Execution; the Lawyer comes bullying into the the House, Sir, says he, if you will give me to much Money, you shall have these Goods, for I have an Execution, and I have brought an Appraiser. Though he had no Execution, yet be disturbed and frightened us; he rushes in with these Prisoners, and demands the Goods away; he came in in the most audacious Manner with inexcreable Oaths, the Woman, Mrs Rawlins, comes to me and says, for the Sake of God release me out of the Hands of these Villains! He says to her, You old B - h I spoke to God Almighty this Morning, and he said he never made you. I never heard such Profaneness in all my Life; at last, Sir, says he, pay me 20 l. and you shall have the Goods; upon this the Woman begged and prayed, and said, these are a Pack of Thieves and Rogues; says she, for God's Sake take the Goods, and pay their Demands; I paid him five Guineas, and Goff (the Prisoner) started up and said, I must have three Guineas, she owes me three Guineas in going of Errands for her, &c. She hauls out and said, he is a Rogue, and has lived upon me, and I do not owe him any thing. After the Lawyer had made a Bill of Sale to me, and I had paid Part of the Money, we went abroad to spend the Day; upon our Return, Goff and Oldfield (the Prisoners) had taken Possession of the House, and swearing I should not come in, unless I would pay them 15 l. I applied to the Civil Magistrate, I got a Warrant; the Constable said, you had as good go to the Officer of the Guard, and get a File of Musqueteers, which I did, and forced open the Street door, and these two Fellows (the Prisoners) bounced out of
Q. to - . Are you an Attorney?
- . Yes; Mr M Allester sent for me, in order to advise with me what to do upon the Lawyer's coming in the Manner he has represented it; I, in the first Place, advised him to have nothing to do with it. but Mrs Rawlins advised him to take it upon himself; upon which there was an Agreement made: But besides the Money that the Lawyer had paid on Mrs Rawlins's Account, he set up another Demand for Business done. I asked him for a Bill, but he said he would lump it, and did behave, I must own, in a most extraordinary Way that ever I saw in my Life. At the same Time these Things were executed, the Key was delivered by the Lawyer to Mr Mc Allester, by Mrs Rawlins's Direction.
Q. to the Lawyer. How came all this seizing of Goods?
Lawyer. Mrs Rawlins applied to me some Time before October last, in order to sue Mr Mc Allester and Storaca, she said she was in barbarous Hands, several Times she had applied to Mr Mc Allester, and he said he could not pay her. This Mr Mc Allester pretends to say, that he is an Attorney, I said to him, do not enter into a Law-suit; I sent to him to come to me, he came to my Apartment, and he said to me, pray do not distress me; I said any Time before Term would do for me. Says Mrs Rawlins, I am very uneasy Mc Allester shuffles with me, I am under some Danger of their moving some of their Goods, and it appeared that they had moved off some of them; upon that, the Goods were to be appraised, and I was to advance some Money to pay her Landlord; upon that, the 17th of October, they were appraised ( Mr Mc Allester thinking himself greatly injured, that he should lose his Character in England, as well as he had in Ireland) the Landlord came and seized on Saturday Night, this Mr Goff, the Prisoner at the Bar, was sent to me by the Direction of Mrs Rawlins, and told me the Goods were seized; accordingly, on the Evening of that Day, on the 19th I believe it was, I paid the Rent and Charges of that Distress, which came to 14 l. 7 s. 10 d. besides other Charges, as eating and drinking at the Hollander, Carlisle street; accordingly I paid it, and took the Men out of the Possession. Mrs Rawlins came to me the Monday following, says she, Mr Mc Allester has not paid me; I wrote a Letter to him, and told him if he did not pay the Money, I would sue him; then he told me he had a Receipt in full of Mrs Rawlins, I went and asked Mrs Rawlins, and she said she did not give him a Receipt in full; I said, knowing the Person, it might be of bad Consequences and Arrest, Mrs Rawlins said he has paid me but one Guinea, and I have not given him a Receipt in full.
Court. I want to know why the 22d of October, when you was to receive the Money for the Arrest, you put these People into Possession? Why, after this Agreement that was made, did these two Men go in and nail up the Doors again? To this there was no satisfactory Answer given. This Gentleman hath said a very strange Expression against this poor Woman. You seem, Sir, to have great Choice of Words, I desire you would not make use of such any more. It is grieving to see such Oppression to those that cannot help themselves. Whether Mc Allester or the Lawyer was most her Friend, or whether it would not have been better for her if she had not been acquainted with either of them. And here is two poor Fellows at the Bar, now stand tried for their Lives, when this House was in a Tumult for a Week together, and no Evidence brought against them.
The Prisoner (Goff) petitioned for a Copy of their Indictment, but it was not granted.
Wapshot. I don't know any thing of the Matter.
Booth. No, but I had Intimation of it some Weeks ago.
Arton. Yes, Sir, he is the very identical Person that stole a Candlestick from me, and that was convicted in May.
Q. to Wapshot. Do you know any thing of his being at large, and when?
Wapshot. He was at large the 18th Day of November; he was at large half an Hour before that I saw him in Drury lane, next Door to where I live; the Watchman called me up to take him in Custody.
Q. What Time was it?
Wapshot. Between five and six o'Clock in the Morning.
Q. to the Prisoner. What have you to say for yourself?
Prisoner. At the Time of Transportation, please you, my Lord. I was left sick on Shore in Scotland.
Q. What was it?
The Prisoner lived Servant with the Prosecutor about two Years ago, then behaved but indifferent; this last time she lived with him about four Months; an Apprentice that had lately gone from him, was great with her; she had carried these Goods to one Mary Rogers , at a Green cellar in Silver-street, where she was taken, and where the Appretice had met her.
Upon searching the Prisoner, it was found between her Legs.
Guilty 10 d .
37. Thomas Noland , otherwise Colin , was indicted for that he, together with James Mc Donald, ( not yet taken ) did steal one Ewe Sheep, value 9 s. the Property of Richard Whittle , of King's bury Parish.
The Prisoner was acquitted .
The Prosecutor declared he caught Patrick Noland and Mc Donald taking out some Mutton which they had hid in his Hay-mow, and Mc Donald slipped away, and Patrick impeached his Brother Thomas, but his Evidence did not agree with the Prosecutor's in Point of Time.
As the principal Witness also against the Prisoner was Patrick Noland , and Accomplice, and the Prisoner having a good Character given him by Mr Nichol, who was two or three Sessions ago Foreman of the Middlesex Jury, the Prisoner was acquitted .
40. Elizabeth Williams was indicted for stealing one large Silver Spoon, value 13 s. three Silver Tea-Spoons, value 4 s. three Desert Knives, Silver-handled, value 3 s. three Forks, value 3 s. a blue and white China Plate, &c. the Goods of , in Bond Street.
The Prisoner lived a Servant with the Prosecutor, after she was gone, they searched her Lodgings, and found Part of the Goods in her Boxes, &c.
The Prisoner stole the Sugar in one Story, No 63, &c. upon the Keys, and it was taken from him. They cut off his Pockets filled with Sugar.
The Prisoner was asked by one (as he was carrying this Stick of Fustick) what he would do with it, he said he could get a Chap for it; they watched him to one Ruth Walker in Harp-Alley, but since she cannot be found.
Guilty 10 d.
The Prisoners had in general good Characters, but the Fact was proved upon them.
Guilty 10 d.
Thomas Casey was indicted for stealing a Coat, Waistcoat, one Pair of Stockings, and a Boy's Coat , the Goods of Edward Homes .
Guilty 10 d.
Guilty 4 s. 10 d.
61, 62. John Hampton and Ann Simson were indicted for stealing one Pair of Boots, value 6 s. the Goods of Giles Mirtfield ; two Pair of Pumps, the Goods of James Lilly ; and one Pair of Men's Shoes , the Goods of Thomas Day .
Guilty 10 d.
Guilty 4 s. 10 d.
64. Jane Lewis was indicted for stealing one Pair of Linnen Sheets, value 1 s. one Linnen Quilt. value 2 s. 6 d. two Brass Knobs belonging to a Glass, one Pewter Bason, value 6 d one Brass-Kettle, value 1 s. &c. the Goods of Cordelia Teshissel , November 22 .
Brown. Seven Yards of Camblet, that was cut out of my Loom; I found my Shop broke open, I got Mr Gold to go with me to seek after the Prisoner: I suspected the Prisoner, and I went after him, he had told me where he lodged; - I went after him to a Place called King-street at Hoxton. As I was passing he spoke to me first, and I laid hold of him by the Collar, and said, you are the Man that I wanted, I have a Suspicion that you have robbed me; as I had hold of him, I desired Mr Gold to observe, that he threw nothing of his Pocket; the Prisoner pulled a Shuttle out of his Pocket, and I took hold of it, and it is the same Shuttle I lost out of my House, and there was a Pair of Pickers picked up by Gold.
Q. to - Brown. Do you understand the Nature of an Oath? Have you learned your Catechism?
Brown, the Father, answers, That his Son was not Book-learned.
Court. What is the Reason you do not teach your Children their Catechism, &c. The Neglect of Childrens Education, is the Occasion of half our Business here.
Brown. My Lord, my Father went out about four o'Clock the 7th of September, about five o'Clock I locked the Shop door, and brought the Key down, and put it in the Kitchen Window.
Q. Then you locked the Kitchen-Door?
Q. Was there any body else left in the House?
Brown. The outward Door was left upon the Latch for Gold to come in, that lodged in the House.
Richard Gold . As I came Home at Night, between eight and nine o'Clock. I was gone up to Bed; I hears the Boy cry out Father! Father! pray come up, for the Door is broke open; so he desired I would go with him to see after the Prisoner. We went up to Hoxton to enquire where he lodged; as we were near Hoxton square, there we met the Prisoner, he spoke first to us, and said I hope no Harm: then Mr Brown said, you are the Man I want, and took hold of him by the Collar, and Brown desired I would look after him, to see that he did not pull any thing out of his Pocket. I saw him take the Shuttle out of his Left-hand Pocket.
Q. What then?
Gold. So Mr Brown took hold of it with his Right-Hand; then we went about 20 Yards, and there was a Pair of Pickers thrown down; but when he threw them down, I cannot say. I picked them up, and Mr Brown said he could swear that that they were his Pickers. The Stuff was delivered to the Constable by Thomas Topham .
Q. to the Prisoner. What have you to say for yourself?
Prisoner. I worked at his House for about a Week. I went to see for other Work, for fear that should be gone; coming along Spital Fields, I kick'd a Sort of a Bundle before me, and picked it up, and brought it Home to my Lodgings; this Mr Brown, I told him where I lodged. I got to Hoxton, and I did not know him. I was a little in Liquor, so he carried me to the Watch house, the next Morning to the Constable's House; carrying me to the Constable's, he would have made it up with my Mother for 30 s. at last he fell down to 20 s. so she would have gave him 15 s. if she sold her Bed from under her.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death, 4.
Burnt in the Hand, 3.
Transported for 14 Years, 1.
Transported for 7 Years, 23.
Mary Hill 56
L - W - 5
Paul Mc Lane 41
To be whipped, 6.