AT JUSTICE-HALL in the Old-Baily, on FRIDAY January 16, SATURDAY 17, and MONDAY 19.
In the 20th Year of His MAJESTY'S Reign.
BEING THE Second SESSIONS in the MAYORALTY OF THE
Printed for J. HINTON, at the King's-Arms in St Paul's Church-Yard . 1746.
King's Commissions of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.
BEFORE the Right Honourable WILLIAM BENN , Esq; Lord-Mayor of the City of London, the Lord Chief Baron PARKER , Mr Justice FOSTER , Mr Baron CLIVE , 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 Country of Middlesex.
68. + Anne Boswell , in the Parish of Whitechapel , wife of the late Henry Boswell , not having the Fear of God before her Eyes , being moved by the Instigation of the Devil, the said Anne , being the Wife of the said Henry, in and upon the same Henry her Husband, feloniously and traiterously did make an Assault , she the said Anne , with a Knife, upon the Back of the said Henry , between the 5th and 6th Rib, with Malice aforethought , did give one mortal Wound, the Depth of four Inches and an Half, of which Wound he languished till he died , &c. Oct. 28 .
Marlow. Please you, my Lord, I was in the House some Time .
Court. First tell the Time and Place.
Marlow. 'Tis at the Sign of the Three-Tuns in Ayloff-street, Goodmans-fields . On the 28th of October I was in the House; the deceased went down to draw me half a Pint of Twopenny; while he was gone for the Beer, his Wife went backward; whilst she was gone backward, he brought the half Pint of Twopenny; I was standing with my Back to the Fire; the deceased, he went backward also, and in about four or five Minutes Time, I heard the Cry of Murder; it was a Woman's Voice, and I thought it to be the Prisoner at the Bar: There was a Man that was in Company with me, that I believe to be fuddled , he started up immediately at the Cry of Murder !
Q. Is that Man here?
Marlow. No, my Lord; when the deceased had been gone backward about the Space of four or five Minutes, he came back in his Shirt; he came towards me, and went up three or four Stairs, and put his Hand upon the Banister, he turns his Face round to me, and says, my Wife has stabbed, killed, or murdered me, one of these three things he said, but which I can't positively say. He turned to me, and showed me his Back , the upper Part of his Back was all bloody.
Q. Did you see the Wound?
Marlow. No, my Lord, he being at some Distance from me, he turned his Back again, and went up Stairs. I was in a great Surprize; I drank the remaining Part of my half Pint of Twopenny, and came out of the House ; when I came away, coming out of Doors, not seeing the deceased's Wife, nor knowing which way she came by me, I thought she might be backward; but when I had gone about five or six Yards from the Door, I saw the deceased's Wife, the Prisoner, I heard her cry out, That she had murdered or stabbed her Husband.
Q. To what Purpose did she make that Exclamation?
Marlow. I suppose she went to call a Surgeon. I was reading the News-paper, and she might get by me. I did not think she was gone out of the House , I thought she had been with the Man that went up on the crying of Murder . When I came out, I saw several Women with her, up in Arms as it were.
Marlow . Nothing more, my Lord, that is the Truth I can stand too.
Gowry. Upon the 28th of October, between twelve and one o'Clock in the Afternoon, this Prisoner at the Bar called me, and told me she had stabbed and murdered her Husband, and desired I would come to his Assistance; when I came there, I found him standing upon the Floor.
Q. Was he above Stairs or below?
Gowry . I found him below Stairs, standing upon the Floor with a Knife in his Hand, and he told me that was the Knife that his Wife stabbed him with, he desired me that I would take care of it; immediately he went up Stairs, and desired me to come after him, which I did; when I came there, I examined the Wound slightly, and found it was very dangerous. I stopped the bleeding, in order to get a proper Surgeon to my Assistance .
Court. Describe the Wound.
Gowry. The Wound was under the Right-Shoulder, between the 5th and 6th Rib.
Q. How deep was the Wound?
Gowry. I could not justly tell then, but it appeared since about five Inches .
Q. What have you further to say?
Gowry. I have nothing further, but I went for a Surgeon to my Assistance, but when I came back, I did not do any thing.
- Harrison , Surgeon. My Lord, I was called to this Place by Mr Gowry, in Whitechapel; when I came, I found the Wound as it has been described. I suppose the Wound must have been made with a Sort of a Butcher's Knife, of a short, sharp, broad Point; I discovered at the first, that the Wound had penetrated the Thorax.
Q. When did the Man die?
Harrison . Two Days after.
Q. Do you suppose that the Wound was the Occasion of his Death?
Harrison. Yes, Sir.
- Green. I was desired to inspect the Body of the deceased; upon viewing the Body, there was a Wound just under the Right-Shoulder, between the fifth and sixth Rib, entirely close to the Back-bone; upon opening the Body, the Cavity, that Part of the Thorax, was quite full of Blood, as if forced into it by a Syringe .
Court. I suppose you are of Opinion this Wound was the Occasion of his Death.
Green. Yes, Sir.
Court. Prisoner, now is your Time to enter upon your Defence.
Prisoner. Two Men came in, and they drank several Pints of Twopenny, and several Drams : At length one of them began to be pretty much in Liquor; upon which my Husband said, Is Dinner ready? I went to take it up; it was in the Wash-house, which went down three Steps, my Husband went to draw some Twopenny, and my Husband saw the other Man talk to me, and he said to him, What Business have you to talk to my Wife? and he struck the Man; I had a Knife and Fork in my Hand, and they in struggling threw me down, and fell upon me, and he said, O Lord, I am killed! With that I went out of Doors to get a Surgeon to dress him, and to see what ailed him.
Court. Repeat what you said of the Knife and Fork in your Hand?
Prisoner. I was taking up a Piece of Beef and Cabbage for Dinner; while the Man was talking with me, my Husband came up out of the Cellar, and he asked the man, What Business he had to talk to his Wife? With that he struck the Man, and the Place being narrow, in the Struggle I fell, he fell down, and the Knife fell into his Back.
Q. Where is that Man that your Husband struggled with?
Prisoner. I do not know, Sir; I thought he would have been here, I did expect him; he said he would be here.
Marlow. I do not know any Thing of the Matter.
Q. What Account did the deceased give?
Marlow. My Lord, I told you he turned about upon the Stairs, and said his Wife had killed him.
Q. Did you not ask him?
Marlow . My Lord, I was frightened that such an Accident should happen while I was in the House, so I drank my Twopenny, and went out.
Q. Did you see any other Man there?
Marlow. The Man she speaks of went into the House along with me.
Court. There was a Person sitting you thought was in Liquor, did that Man go back before the Cry of Murder, or afterwards? Did any Person in the Room go back before the Cry of Murder?
Marlow. No, my Lord, not to my Knowledge.
Boswell . My Lord, I am Brother to the deceased, I was told the Tuesday Night before my Lord-Mayor's Day, that my Brother was murdered. I goes down
Court. I hope she did not laugh at that Time?
Boswell . I cannot tell. I did not look at her Face; with that the Prisoner at the Bar went down Stairs, and her Mother in-Law desired me to follow her, that she might not do any Damage to herself. I followed her, and found her by the Fire-side in the Fore room, and said, Nanny, What do you sit here for? I said, Nanny , How could you be so barbarous to butcher one that you liked so well? Why, says she, it was through a Woman that came into the House, that told me he had been along with some fresh Women that came into this Neighbourhood. I says to her, Who was that Woman that came and told you so? She said it was wooden-legged Peg ; I said wooden-legged Peg says the same of you, and cannot you forgive him, as well as he forgives you; with that she made no Reply, but went up Stairs where the deceased lay.
Q. Did you follow her?
Boswell. Yes, my Lord.
Q. What past then?
Boswell. Nothing farther. I went the Night following to see him, and the House was open, and the Prisoner at the Bar as usual serving of Customers; I went in and asked her how her Husband did, she gave me a Candle, and said I might go up and see; I asked him how he did, he said he hoped he was better; that is all that I know.
Q. When was this?
Latham . The Day of the Month I cannot tell.
Q. Was it the Day he was killed?
Latham . No, my Lord, it was a considerable Time ago.
Q. What do you imagine to be the Cause of it?
Latham . I imagine something of Jealously between them.
Q. What were the Words that passed between them?
Latham . She believed she should die for him; when she threw the Knife and Fork at him, he was obliged to screen himself.
Q. Was there some Heat and Anger when the Knife and Fork was thrown?
Latham. My Lord, I cannot tell the beginning of all of it; there was a Cooper came in, and they went to play a Game at Mississippi , and she got a little in Liquor, but her Husband pacified her. After she had thrown the Knife and Fork, he persuaded her to go to Bed; he went up with her to put her to Bed, at Night she came down in good Order, and very loving seemingly, as they ought to be.
Q. What Time was it that she went to Bed?
Latham. I believe about two o'Clock, or thereabouts .
Hurst . I had been out about some Business: when I came Home, I heard a great Misfortune had happened between Mr Boswell and his Wife. I heard she had done Mischief to her Husband; when I came into the House, I saw the Prisoner at the Bar ; I shook my Head at her, and said nothing when I came in, but saw her crying and ringing her Hands about the Room. I could not speak to her at that Time, neither did I go up and see the Man at that Time, till Mr Green and Mr Gowry came. I then went up, and held the Bason while he was bleeding : when Mr Green came down, she asked after her Husband, then he asked for his Fee, upon that the Prisoner took a Guinea out of her Pocket, and gave it to him; and when I came down, the Prisoner was standing at the Foot of the Stairs, ringing her Hands, and asked me how her Husband did, I told her I had not spoke to him yet; I told her I would have her go up, she said she would not: I shook my Head at her, then I went up and asked him how he did; he said, as well as he could expect: I said, Mr Boswell 'tis a sad thing to see such Differences between your Wife and you, be reconciled to your Wife, and see her; says he, let her come up, I owe her no ill Will, 'tis as much my Fault as her's.
Q. When he said it was as much his Fault as his Wife's, did he give an Account of what happened ?
Hurst . No, my Lord, he desired I would go down and look to the House, while she came up, which she did, but what they said, I cannot tell. I came the next Morning, and asked her how her Husband did, she desired me to go up; she asked for a Nurse that might be a careful Woman of him, but the Person that was recommended, asked too much Money, he said they could not afford it.
Holywright . Above a Quarter of a Year: there was Love and Harmony between them, it was nothing but Harry and Nanny, &c.
Elizabeth Lyons . The deceased and the Prisoner were Lodgers to me before they went to House-keeping; they lodged with me together four Months. I saw nothing but that they lived together in Love and Unity; she went out to Ironing, and him to work Journey-work, that was about three or four Years ago; that is all I have to say.
John Brawley . All that I can say, she lived a Servant with my Father about eight Years ago, and behaved extremely well. I have served the Prisoner at the Bar with Drink since they have kept a publick House; I have been up and down at the House, and I have seen them sociable together, as other People are.
Guilty , Death .
The first Witness to prove this Fact upon the Prisoner, was Mr Wilson's Servant, William Mason , he first saw the Prisoner put the Stockings into her Pocket-Apron; he let her step out of the Shop, then nodded to his Master to come immediately, and called her back , but she would not come; so Mr Wilson brought her back to his Shop himself, and took them from her, and said to her, Now are you not satisfied you are a Thief ? She then said, they were pushed into her Apron; he replied, no, I believe they were drawn in; so he sent for the Constable, she fell upon her Knees, and begged for Forgiveness, and said it was the first Fact. Guilty of Felony, to the value 4 s. 10 d.
Riston . I only remember seeing her in the Shop. On the 25th of August last, she came to ask for some Handkerchiefs, I shewed her several Sorts of Silk and Linnen; she asked the Price, I told her the lowest Price. She said she sold a pretty many, but what she sold was in Gentlemens Families; she said her Sister kept a Shop the Bottom of St Martin's-Lane, she said if we used her well, she would be a very good Customer. She desired I would bring the Silk Handkerchiefs the next Day to her Sister's House, and if I could get her the same of them Silk Handkerchiefs, she would have a Piece. I said to the Boy, Has not this Woman stole something. I do not like her leaning over so. I asked for the Chints Lawn, so we missed it. The next Day I said I would take the two Handkerchiefs to the Place where she said her Sister lived; I went, and asked the Gentlewoman if her Sister was within, so she said she did not know what I meant; then I went back and told my Brother, that I thought it was a Bite.
Q. When was the first Time that you heard of this Chints?
Riston. The 27th of December last, Mr Wilson heard that we had lost a Chints Gown, and there was that and all Sorts of Linnen-drapery Goods at her Lodgings; there was the Piece of Chints Lawn, I know the Piece perfectly well, there is my own Hand-writing on it, I gave a Description, as marked with a red Pencil, before I saw it.
- Bilby . The Prisoner lodged in Park street with me, Mr Kenton and she was there together as Man and Wife.
Q. Were they Man and Wife?
Bilby . That I cannot tell, she went by the Name of his Wife.
Q. Who paid the Rent?
Bilby. Mr Kenton.
Q. Who claimed a Property in the Goods that were found in Mr Kenton's Room?
Bilby. After Kenton found his Wife was taken up, he then said he was not married to her, he acknowledged before the Justice she was not his Wife, and that he had no Right to the Things, that they were not his .
The Prisoner at the Bar claimed the Goods in the Room as her Property, before she was convicted: accordingly the Key was delivered to her as a Person that had the Property of those Goods, some of which Goods, besides the Chints, was claimed in Court by others. The Prisoner was found guilty of the Indictment.
[There were several other Indictments against the Prisoner, but the Court did not think fit to try her on any other.]
71. Ann Golding was indicted for privately stealing one Piece of Gold Coin, called a Guinea , and 3 l. 7 s 6 d . the Money of William Davis , in the House of Thomas Dobson , in the Black-lane, Rosemary-Lane , the 27th of December .
Davis. Yes, my Lord; as I was coming along the Street, this Woman asked me to give her a Dram; I said, you are rather too old; she said, she was as willing as any body.
Q. When was this?
Davis. It was the Day after Christmas-day .
Q. Where was this?
Court . You say you fell asleep?
Q. How do you know that she picked your Pocket then?
Davis . She owned it before the Justice, I think it was Justice Jones .
Q. What did she say?
Davis. She owned I gave her half a Crown, and half a Crown more she picked out of my Pocket.
Q. What did you lose?
Davis. I lost one Guinea, and 3 l. 7 s. in Silver.
Q. When was it you carried her before the Justice of the Peace?
Davis. I took her the Day after she committed the Fact.
Court. Then she did not own she took all the Money that you lost?
Davis. No, my Lord, she owned she took Half a Crown?
Alexander. I know nothing of it, any farther than that I was with him when he took up the Woman, and had her before the Justice, and she owned that he gave her Half a Crown, and she took Half a Crown more from him, that's all I know of the Matter.
Q. to the Prisoner. Will you ask this Witness any Questions?
Prisoner. He was never there; there was none there but the Headborough.
Court to the Prisoner. Now is your Time to make your Defence.
Prisoner. Please your Lordship , I was in my Lodgings, this Man comes in about eight o'Clock at Night; I was at Home by the Fire-side, he said can I have a Dram, I said we sell none, but if you will give me one, I will tell you where you may, so I did; we had a Quartern of Gin: he said I am very much in Liquor, I would freely give Half a Crown to lay down; I said I would speak to my Landlord, which I did, and the Maid brought a Candle for him; he goes up and sets himself down at the feet of the Bed, then he gave the Maid Six-pence to get a Pint of Hot, with that she locked him in, and shut me out, and he never walked, as they said, till three o'Clock in the Morning. I never was a Street-walker in my Life .
Davis. I am sure of it, I was in no House, but walking the Streets before I came there.
Q. What Time did you awake?
Davis. She was not gone out of the Room a Quarter of an Hour before I awaked.
Q. to Frayer. Did you leave the Anchor and Cable with the Lighter?
Frayer. Yes, they were both in the Lighter.
John Mackenzie . On the 19th of December, the Prisoner at the Bar brought an Anchor to my Shop; I knew the Man, and my Son knew him, so my Son came up to me, and says, here's an Anchor, such an one has brought, I went down, and asked him how he came by it, he said there was four of them that dragged it out of the River; he asked me if I did not know William Scott , which I did, so I thought I was safe; I goes down to William Scott , I said to him, How was you pleased with the Money I sent for the Anchor? he said he had no Hand in it, nor knew any thing of it.
Q. What is become of the Anchor?
Mackenzie . 'Tis in the Possession of the Owner, Cowse.
Mackenzie . He came by our Shop at eight o'Clock in the Morning; he says to me, is Mr Mc Anoy at Home; I said yes; I went up and told my Father there was an Anchor came in, and he came down and examined him how he came by it; he told my Father he and the Men that worked with him dragged it out of the Thames; my Father asked him who were the Men, he said Mr Scot was one; so he gave him 3 s. 6 d. for it; my Father said this was all he would give till he saw Mr Scott.
The Prisoner was called upon to make his Defence; he said he did not steal it, but it was brought to him by another Man to sell for him. Guilty of stealing the Anchor.
John Woodward and Luke Anderson were indicted for stealing one hundred Weight of Rope, value 5 s. the Goods of Thomas Clark of Wapping , the 10th of December .
Q. Where was this that he made this Confession ?
Clark. Before the Justice.
Q. How much did you miss?
Clark. The Evidence has sworn to a hundred Weight, my Servants found the Goods upon him.
Q. What was it he brought up his Boat for?
Mellard. For to take the Rope in, I saw him take in some.
Q. Where did he take it from?
Mellard. From the Shore the first Parcel; then I saw John Woodward carry down a Parcel, and give to him. He likewise did the same again, then he looked up and saw me, and that put a Stop to him. When the Waterman had put them in, and going away, I called to him, but he would not come back; there was a Boat by, and I took it, and went after him, and got into his Boat, and he had the Rope in his Boat that is the Property of Mr Clark. When I accused him with it, he did not speak one thing nor another a great while; Luke Anderson , the Prisoner, said at last he staid for an Order from John. John Woodward confessed before Justice Duckenfield , that he had done it once a Week for six Weeks past. He did not deny but that they were my Master's Ropes.
Q. Was Anderson, the Prisoner, before the Justice?
Mellard. Yes, my Lord, but he made no Confession at all.
John Petty . I saw this Luke Anderson take the Rope off the Ground, and put it into his Boat; and when he had got into his Boat, he was trying to get away; so we went and overtook him, and got into his Boat, and brought it to our Back-door.
Q. Did you bring Anderson in it?
Petty. Yes, my Lord, and we took the Rope out of his Boat.
Q. How much Rope might there be?
Petty. About a hundred and half. I heard Woodward make a Confession before the Justice, that he had robbed his Master once a Week for six Weeks.
Q. Did he acknowledge he had robbed him the 10th of December?
Woodward. What have you to say for yourself?
Woodward. My Lord, I cannot deny but it was a Parcel of old Stuff that they make brown Paper of, but I never wronged him of an Inch of Rope that was good. I should never have thought of such a Thing, if Anderson had not told me how he could dispose of it; he drawed me in, he made me drink several Times before he could bring me to it.
Thomas Peacock . I have known Woodward and his Father, and the whole Family of them for many Years, ever since I was a dozen Years old, and I never knew or heard any Dishonesty in the Family. I was very much surprized to hear such a Thing alledged against him.
Culburth Jackson. Woodward has always had a very good Character, I have known him for four Years.
To the Prisoner. Anderson, what have you to say for yourself?
Anderson . What he has said of my tempting him, there was no Need of it, he is Rogue enough of himself, without my tempting of him. Both guilty .
Walker. On the 30th of October I lost ten Guineas and a half in Gold, two Gold Rings, three Shillings, and two half Crowns.
Q. Do you know what became of all these things?
Walker. I was in my Room a little before 12 o'Clock. I live at the Mermaid-Inn; I was in my Room with another young Man with me; I was about to send some Money and two Rings into the Country: as the other young Man and I was together, this Joseph Belcher came into the Room at the same Time, he took one of the Rings and put on his Finger, and he saw my Money in the Window. I went into my Room again about five o'Clock in theJoseph Belcher , the Prisoner, I asked him what money he had, he said only Half a Crown and Three-half-pence; he was very unwilling to part from his Breeches: we sent for the Constable, when he came, he said to him, you must go along with me, and he said, Where to? the Constable answered, to the Compter; when he went to put his Breeches on, the Constable said, he must see what was in his Pockets, and he took out ten Guineas, and he searched in another Pocket and found the two Rings that I had but a little Time before, with that he was committed to the Compter.
Q. What did he say for himself?
Walker. First he denied it, then he said, be as favourable to me as you can, for I am ruined. The Prisoner lived a Coachman with Mr Chitty about eight Months.
Dunn . Yes, my Lord, in October last, between 12 and 1 o'Clock in the Morning, the Man came to me, and asked me whether I could not take the Charge of a Man for a Suspicion of Robbery; so I went to the House, and up Stairs along with him, so we knocked at the Door; the Prisoner at last came out of Bed, and let us in; he said he would charge me with a Suspicion of Robbery, he was unwilling we should search his Breeches ; I had a Suspicion the Money was there. I found Half a Crown in his Pocket; I searched his Fob, and found 10 Guineas and an Half, and two Half Crowns, and 3 s. and two Gold Rings.
Q. Did Walker lay claim to them?
Dunn . Yes, Sir.
Q. What did the Prisoner say?
Dunn . He seemed to be vex'd that he had done it; but he said he took it for Fun, and designed to give it him again.
Q. to the Prisoner. What have you to say for yourself ?
Prisoner . My Lord, when I took it first, I only took it as a Joke, only to make him take more Care of it another Time .
Q. to Mr Chitty . Sir, Do you know the Prisoner at the Bar?
Chitty . The Prisoner at the Bar, Joseph Belcher , was my Servant about nine Months; he lived with me at the Time when I found he was guilty of the unhappy Accident: during the Time that he lived with me, he behaved himself soberly and honestly; when I heard of this Accident, I was surprized; I am afraid 'tis very hard against him; his Family I am told is a reputable Family.
Bowler Miller. The Prisoner, Belcher, lived with me, and a very sober honest Lad he was. The Prisoner used to come frequently to see his Brother; we had a pretty deal of Plate in our House, and I never missed any thing. I believe him to be a very honest Man.
The Defence the Prisoner made, that he did it out of a Jest. This, together with the good Character he bore, induced the Jury not to find him guilty.
Catharine Harley . The Cup lay on the Top of the Shelf, at the Side of the Sink. He not going up to his Work, or coming the next Day as usual , we took him up upon Suspicion, and he owned he had sold the Cup to Mr Holland, a Silversmith, for 12 s.
Q. Did you ever find the Cup again?
John Harley . We took the Prisoner up upon Suspicion upon the Fast-Day; we took him up, and had him before Justice Gore, and he confessed he had sold the Cup to Mr Holland for 12 s. then the Justice ordered me to go to Mr Holland, which I did, and Mr Holland said he had bought it for 12 s.
Q. Was the Cup produced to you?
Harley . No, my Lord, I never saw it.
Q. to the Prisoner. Will you ask this Witness any Questions?
Prisoner. No, my Lord.
Court. He says you owned it before the Justice of Peace.
Prisoner. Yes, I did my Lord.
- Holland . This Man, the Prisoner, came into my Shop; I can't be positive to him; he told me he had a Silver Cup, I said, Is it your's? yes, he said he had it many Years, but that his Family wanted Bread, and he must sell it; it was an ordinary black Cup, he said that it was one that his Mother had given him by Will, and 12 s. was the full Value of it by Weight.
David Dalphe was indicted for stealing 15 Pound of Sugar, the Goods of Charles Wekes , value 3 s. the 19th of December .
John Homewood , Servant to Mr Delamot , was the principal Witness to convict the Prisoner; as he was going to lock up the Ware houses, where he saw the Door of one of them lifted off the Hinge; going into the Warehouse, he saw some Sugar in an Apron; mistrusting some Body must be in the Warehouse, he hastened down for some Body to come up with him; as he was going down, he heard the Slings flung out, which made him to conclude that they were about to let themselves down; upon that he cried, Stop Thief, and a Soldier held the Prisoner at the Bar till he came down .
The Prisoner was asked whether he had not some Accomplices, and how he could lift off the Door himself; he said no Body was concerned with him, that he lifted off the Door by main Strength, but that he was never guilty of such a Fault before. This he confessed to the Constable ; upon his Trial, he denied the Fact, and said his Wife had two Children, and big with another. The Jury found him guilty 10 d.
The Prisoner was seized with the Sugar coming down from one of the Warehouses at the Water-side; it was taken from him, and compared with a Hogshead of Sugar that was opened in the Warehouse one Pair of Stairs higher than that which he was taken in, and it appeared to be the very same Sort of Sugar.
The Prisoner in his Defence said he was sent up to those Warehouses for a Weight.
Edmund Roberts . I am the King's Waterman, going down the River, my Partner, John Comber , he says to me, there is a Man coming from a Parcel of Ships, and I believe he has got something; so I said let us row after him, and we boarded the Boat, and Edward Fleming , the Prisoner, jumped out of the Boat into a Lighter.
Q. What Time was this?
Roberts. Between 10 and 11 o'Clock in the Morning, he came right against Pellican Stairs , my Partner (as the Prisoner jumped out of the Boat into the Barge ) followed him, and took him and the Sugar, and brought him into our Boat.
Q. Had he any thing in his Hand when he jumped out?
Q. Had he any thing upon him when he brought him in?
Roberts. No, my Partner took the Sugar from him; the Sugar was about his Waist in a Stocking, and we brought him before Justice Jones, and he insisted upon it, that it was given to him.
John Comber confirmed the above Evidence of Roberts; but the Prisoner escaped, because they failed in Point of Proof of the particular Ship, called the Greybound. The Court admonished the Prisoner against such Practices for the future.
Council. The Prisoner at the Bar is of a profession they call a Lumper : Though the Matter is not a vast deal, six or seven Pound Weight of Sugar, but these are Facts of infinite Prejudice against all the Traders at the Water-side; there is scarce a Ship gets unloaded, but there are vast Quantities stole. The Master of the Ship observing something concealed, upon that he laid hold of him, and seized the Sugar there. He was carried before Justice Jones , there he owned the Fact, and begged Pardon: he, according to the common Cant of these People, said it was the first Fact.
The Prisoner made no Defence in Court, but that it was the first Fact with which he ever was accused, and begged for Pardon.
Guilty 10 d.
Robert Howse . I am a Shoemaker ; I live in Tothil-street, Westminster: I found the five Pair of Shoes at the Prisoner's Lodgings, and an odd one, and one Shoe thrown out at the Window; some of the Shoes we found on the Bed, and some in the Corner, &c. This Fact was further proved upon the Prisoner by John Gardner and Henry Slose , who was with the first Witness in her Room, when the Shoes were found, and a Piece of Damask. The Prisoner had a good Character given her by Elizabeth Clark andWilliam Wallis ; and the Prosecutor had before this Fact was committed, a good Opinion of her.
The Prisoner in her Defence said, that Mr Howse gave her the Shoes, and the Piece of Damask to lie with her, and that she was not to tell his Wife of it.
Guilty 10 d.
It appeared, the Prisoner, Henry Lee , by the Evidence of James Wright , an Accomplice, stole the Linnen off a Hedge at Westbourn-Green , in the Parish of Paddington-Green , belonging to the Prosecutor.
84, 85, 86. + Thomas Sparks , William Howse , and William Clark , were indicted for a Burglary and Felony, breaking open the Dwelling-House of Peter Dugard , and stealing from thence five Silver Spoons, two Silver Salts, and one Pair of Silver Buckels . And,
Peter Dugard . Upon the 30th of October last, my House was broke open about two o'Clock in the Morning. Nicholas Saunders , and Clark, one of the Prisoners at the Bar was at my House that Evening; they called for Drink; they drank one Pint after another, till they made it one o'Clock in the Morning before they left my House: about two o'Clock in the Morning I heard a Noise below Stairs, and I thought I heard something as if my Till had been broke open; I listened a little, and did not hear it again: I found the next Morning a Pain of Glass broke; they had got into my Parlour, and in my Till there were five Spoons, and one Pair of Silver Buckles ; the Till was broke open, and these Things were lost. Clark and Saunders being at my House that same Night, I enquired after Saunders, but could not find him: Some Time afterwards, I saw an Advertisment that the Silver Spoons and Salts were stopped at Mr Lloyd's in Smithfield; I went to Mr Lloyd's, and desired to see the Plate that was stopped, after a little Examination, he gave me a Sight of the Plate; Mr Lloyd did not know the Persons that left the Goods at his House, but he remembered Sparks , Saunders, and Howse so particularly, that he described them to me. Afterwards Mr Lloyd , at my Desire, went with me into the Country to do what we could in order to apprehend these People; while we were in the Country, Saunders was gone, and Sparks was stopped on the Highway upon Suspicion, and was carried before the Justice of Peace; Sparks was sent to New-Prison. The next Day Howse was taken up, and sent to New-Prison; after they were carried into Prison, they were willing to make Discoveries; I asked Sparks whether he knew of the Remainder of the Plate. Sparks said you must ask Howse; then Howse said, you must go and ask Sarah King ; Sarah King she was taken up, she at first denied that she had any Knowledge of the Affair, but at last acknowledged she had pawned the Spoons; she told the three Places where she had pawned them; King was not immediately committed, she was discharged: However, King was taken up again, then she impeached the other Prisoner, Mary Manley , and she owned she did pawn one of the Spoons for 5 s.
The Prisoner, Sparks, asked this Witness, Dugard. whether he knew him ever guilty of any thing while he lived by him, the Witness acknowledged he did not.
Henry Wright . William Sparks , the Prisoner, on the 24th of November, brought my Master two Silver Spoons and a Salt to sell . Being a Butcher, my Master supposed some in the Market had known him, my Master went out with him to three several Houses, and none knew him.
William Lloyd . Sparks, the Prisoner, came to me to ask me if I would buy any Plate; I told him, yes. I asked him to shew it me, he pulled out first one Spoon, and then another. I asked him what he would have an Ounce, he asked me 5 s. which was about the Mark; then he pulled out a Salt, which gave me a Suspicion: Says I, young Man, as you are a Butcher, I suppose you are known here; we never buy any thing of Persons we do not know. I went with him to the Lock and Key; coming into a Room, Sparks says to a Person, You know me, don't you? I said to the Person, Sir, this is a serious Matter, you will be cautious, this is about some Plate being stopped; the Person then said, he did not know him. While they were talking, two other Men came up. I cannot say that Howse was one of them. At theNick Saunders to be apprehended, but he made his Escape; whereupon Howse was commited for not keeping the Man. When I went to them to New-Prison, they confessed the Things; I said, where can I get them, they directed me to Sarah King ; when I came to her, she said, I thank God I know nothing of the Matter, I will wash my Hands of all such Fellows; I thought there was something the Matter; I said to her, you must go with us; she says, by G - d I will not go; I says, Madam, you must go; she then cried, and said, they gave them to her . She went along with us to three Pawnbrokers, one in Goswell-street, another in Barbican, and the other in Playhouse yard; she said that Sparks and Howse went with her to pawn them.
Henry Spurling , Esq; I committed Sparks; at his first Examination, he confessed nothing; but Howse confessed that he had pawned the Buckles in Enfield Highway for 4 s. to his Father; he sent for his Father to come and bring the Buckles; he did not come, but sent them; I shewed them to Howse, he said they were the Buckles he pawned, and he had them of Nick Saunders of Waltham ; Thomas Goff was going by at the same Time, and he swore to the Buckles, that they were his Master's. Howse did his Endeavour to secure Saunders, but he forced away from him.
Q. Did Howse endeavour to apprehend Saunders before he was apprehended himself?
Mr Spurling . Yes, my Lord, there was no-body knew any thing about it.
Court to the Prisoners. What have you to say for yourselves?
Sparks . This young Man and I was coming to London, and we happened to light with Nick Saunders , he pulled out two Spoons and a Salt, and says, Will you sell them for me? And I went and offered them, and the Gentleman stopped me. I could not tell what to do; I did not sell them for any Benefit at all; I thought that he had come very honestly by them.
Q. What do you say as to the three Spoons, and the other Salt?
Sparks. Sir, I did nothing with them, I was not concerned with them.
Court. When you was apprehended, you referred to Howse .
Court to the Prisoner, Howse . What do you say for yourself?
Howse. I did not pawn the Spoons, nor nothing, only the Buckles.
Court to the Prisoner, Clark. What do you say?
Clark. My Lord, I was in Nick's Company that Night about 12 o'Clock, I know nothing of him afterwards.
King. My Husband belonged to the City Hounds, the Common-Hunt ; after his Death, I lived that Way, I saw nothing of these Men till last May. Thomas Sparks, &c. came to my House, they asked me to do them an Errand, four of us were going together, and they pulled out a Silver Spoon, and desired me to pawn it; when I came to the Pawnbroker's Gate, I asked them to go in, no they said, they would trust me; they told me to get 8 s. for it: I asked 8 s. and the Pawnbroker gave me 7 s. I brought the 7 s. out, and delivered it into their Hands; Sparks and Howse had the Money between them.
Court to Sparks. Do you call any Witnesses?
Q. Do you know any thing of Clark , or of the two Women?
Greygoose . Nothing at all.
Q. Do you know Clark, or either of the Women ?
Q. What Character does Sparks bear in the Neighbourhood ?
Jones . He lived about two Years (in the House where Mr Dugard lives now) with his Uncle, a Butcher.
Q. Do you know any thing of Clark?
Jones. He worked about in the Neighbourhood.
Jones. I knew her when she lived by me at Winchmore hill , the Woman lived creditably as far as I know; as for Sparks, I believe he was not the Man that got into the House, that is my Opinion.
Q. What Business do they follow?
Chambers. Sparks is a Butcher , and Howse lived with his Father.
Court. Sparks and Howse would have done well, could they have brought People to have given an Account that they were a Bed at this Time.
John Dutton . I have known them both ever since they could walk alone, and I never heard of any thing alledged against them before. As for Mr Dugard , he believed they were not guilty of breaking open the House, he believed Nick Saunders was.
Court to the Prisoners. When you were examined before the Justice of Peace in December, you knew the Charge against you, about two o'Clock in the Morning, &c. it would have been very material if you could have brought Persons of your Family to prove that you were every Night at Home, or that you always kept good Hours: It is not expected that Persons, that generally keep good Hours, are out at such a Time. Thomas Sparks , William Howse , Sarah King , and Mary Manley , all acquitted .
Q. What Time was it?
Upton. On the 16th of December, between eight and nine o'Clock, she forced her Discourse to me, and called to another Woman, and I kept on, and turned into Angel-court , and I had some Apprehensions they had a Design to rob me.
Q. What was her Discourse to you?
Upton. She intreated me to go in with her, which I denied; she called up another Woman to go with her.
Q. Where was this?
Upton . I can't tell the Place's Name; I thought they had a Design to pick my Pocket, and I kept my Hand upon my Pocket, and the Prisoner took my Silver Clasp and Stock off my Neck.
Q. How do you know it was the Prisoner, when there were two Women there?
Upton . This Prisoner, my Lord, took it, and the other Woman received it of her; upon which I laid hold of the other Woman; she said I wanted her to d - n the King; and, my Lord, upon which there came up a Man, and asked me what Business I had with those Women; I said they had robbed me; with that the Man made off: the Prisoner pulled out a Knife, and said, Here's a Knife , Here's a Knife; I called out for Assistance, two Men came by, and I begged their Assistance, accordingly they assisted me; I got her out of that Place into Drury Lane ; she said if I would let her go, she would get the other half of the Clasp, and give it me: she made a great many Disputes about it; I called for a Constable, and took her before the Justice, and he sent her to Prison .
Court to the Prisoner. Will you ask the Witness any Questions?
Prisoner. Sir, I am very innocent.
Q. to Upton. Did she say any thing to you about delivering any thing? Was you under any Fear?
Upton. I was afraid when they pulled out the Knife .
Charles Church. Coming up Drury-lane, in order to go Home, I saw the Prisoner at the Bar and George Upton together , and he said, Brother Soldier, assist me, for I have been robbed by two Women, and this is one; I said, what have you been robbed of; he said, I have been robbed of a Clasp and Stock, here's one Part, and this Woman has got the other Part ; there was another Woman came up and struck me, and wanted to rescue her from me; with that I spoke to her, I said, Do you know any thing of such a Thing? she said she had it not about her, but if I would let her go in, she would bring it out; I said if you know where it is, you may send for it; she struggled vastly to get away.
Prisoner . I kept Covent-Garden Market, it was a blustering Night, I was going Home: Just at the End of Russel-Street, the Gentleman took hold of me, and said, Betty, where are you going? I said you don't know me; yes he said he did, and kissed me, and put his Hands in my Bosom several Times, &c. and I wanted to get away; when I would not let him do as he wanted , he said he had lost half a Clasp and Stock; he said if I would give him 3 s. he would let me go.
Thomas King . I have two Shops; I came out of one of them into the other, and I saw that Man, the Prisoner, come out of the Shop, and I saw him put something into his Pocket, it was about three o'Clock in the Afternoon .
Q. Did you stop him?
King. He was gone three or four Yards, I followed him, and took these two Books out of his Pocket.
Q. Did you say any thing to him, or he to you?
King. He fell on his Knees, and desired me to be favourable to him, but at Guild-hall he denied them.
Court to the Prisoner. Will you ask him any Questions?
Prisoner. Ask what was the first Book he took out of my Pocket?
King. I took Swift's Tale of a Tub from him, and returned it to him again.
Court to the Prisoner. What have you to say in your Defence?
Prisoner. Them three Books were my own, I went into that Gentleman's Shop with an Intent to sell them, I knocked three or four Times, could find nobody, and came out again from the Shop; he came about three-score Yards after me, and took them from me, and swears these Books were his.
Q. Have you any body to prove how you came by them?
Prisoner. No, my Lord, I have not.
The Prisoner was known in Court, and said to be an old Offender.
Guilty 10 d.
Hulet . On the 31st of December , the Prisoners came into my Shop in order to buy a Pair of Shoes for one of them, it was about nine o'Clock in the Morning .
Q. Where do you live?
Hulet. In the Cloysters in St Bartholomew's Parish: while I was endeavouring to fit one of them, I observed a Motion in the other, which gave me a Suspicion she had stolen a Pair; Mary Wheatly would stand while Valey sat down to be fitted ; I observed a Motion with her Hand towards the Shelves, they had been out of the Shop, and gone about forty Yards, I went after them, and said, Instead of buying a Pair, I believe you have stolen a Pair of Shoes; I said I must search them there, or they must go with me; so they went back with me, and I found the Shoes upon them. When I found the Shoes upon them, they both of them fell upon their Knees, and desired that I would not meddle with them; I found the Shoes fixed between Mary Wheatly 's Thighs.
Court. Is it possible to carry a Pair of Shoes thus for twenty or thirty Yards?
Q. What were they made of?
Richards. Part of Tin, and Part of Glass.
Q. Have you found them?
Richards. No, my Lord, he owned he was concerned in taking away four Lamps, with three more Persons the latter End of last March.
Q. When did he own it to you?
Richards. Yesterday, or the other Day, I cannot say.
Q. How came he to own it?
Richards. He was taken up upon a Suspicion of another Robbery, so he confessed it; he said he was concerned in taking away four Glass Lamps from the Sheep-pens in Smithfield, he owned it to one Mr Smith.
Q. When was this done?
Miller. In March last.
Q. When was he taken?
Miller . The last Sessions.
Q. Have any of the Lamps been found?
William Prossey went to sell it for three Half pence a Pound; he said his Sister sold old Cloaths about the Street, and he said she would buy it .
Q. What was done with the Money?
Miller. We spent it in Victuals and Drink the next Day.
The Prisoner denied the Fact, and Stephen Mercer and Martha Mercer appeared for him, and said he had lived with them a Servant , and they found him very honest and faithful to them. Acquitted of this Indictment.
94, 95. John Lawrence and William Prossey , otherwise East , that they, together with one John Sween , and certain other Persons unknown, on the 22d of November , did steal 56 Pound-weight of Coals from the Warehouse of George Smith .
George Smith . I live in Fee lane, Holbourn ; I am a Tripe-man . At the Beginning of December last, I missed Coals out of my Warehouse, I missed a great many, I can't say how many. But the last Sessions, these young Men, Miller the Evidence, and Prossey the Prisoner, were taken in a bad House near us; my neighbour came and told me they had heard of the Chaps that stole my Coals; they owned the taking of several. The Saturday after, John Lawrence (the thin one) a Neighbour, comes to me, and says, I fancy there is some of the Coals in Fee-lane; there were Sween and Lawrence selling of Coals in Fee-lane ; they had about two Bushels and a Half, one had one Part, and the other another Part.
Miller . Yes, Sir, I have known them these 12 Months, they were concerned with me in taking Coals out of Mr Smith's Warehouse; the first Time was on the 4th of October, of a Saturday Night; that Day se'nnight. Jack Sween was concerned with taking another Bushel; John Sween , and one John Shore , and John Lawrence , were concerned with me about a Fortnight afterwards in taking Coals.
Q. What did you do with these Coals?
Miller . We sold them to one Mrs Sleep in St John's Court .
Q. Have you any thing more to the Fact the Beginning of October?
Miller . That we got Two and twenty Pence for.
Q. How much did your Sack hold?
Miller. Six Half Bushels.
Q. Have you any thing more?
Q. Which of you invited Lawrence to be one of your Company?
Miller. It was John Shore
Q. What was the third Time?
As there was no other Evidence but the Accomplice, Miller , they were acquitted of this Indictment, but ordered to continue till the breaking up of the Court.
96. William Darby was indicted for stealing one Pound and six Ounces of white Thread, the Goods of Charles Edgerton , John Amoss , and Thomas Spicer , out of the House of Thomas Hunt , the 5th of December .
Thomas Hunt . I am a Throwster; I work for Charles Edgerton , Thomas Spicer , and John Amoss ; this Boy I employed in turning the Stick, in beating this Thread. Upon the 5th of December I had given out a Draught of Thread; I had weighed out some white Thread; I was obliged to go out about Business ; I give out 70 or 80 at a Time. When I came Home at Night, my Wife said I would not have you be frightned, but we have found out the Thief; I have paid many Pounds to these Gentlemen for the Loss of Goods; there was found in his Breeches, one Pound and six Ounces of sewing Thread, he owned it to me that Pound and six Ounces that was in his Breeches, and he was to carry it to the Person that he had carried the other two. I goes to the Compter to him, and says, Darby, how could you take that Thread away? you have often heard me say that I had better work for nothing, &c. he told me he sold it to a Woman in Flower and Dcan-street , Spital fields, he described her to be a lusty Woman, that keeps an Old-Cloaths-Shop; there was a small Quantity of Thread not salable; I could not pretend to swear it was my Thread; he said sometimes he had sold it for 9 d. and sometimes for 6 d. and three Hanks he had sold her for 3 d. he owned he took three Hanks out of one Colour, and three out of another, he has sold for 6 d. a Pound, that that was worth 2 s. and 2 s. 8 d. a Pound.
Jacob Ascrost . I am Servant to Mr Hunt. I was at work at the String, and this Darby's Shirt hung out of his Breeches (as I thought), but I found instead of it's being his Shirt, it was Thread, and he owned he was to carry it to this Place in Flower and Dean-Street .
Ascroft . The 5th of December. Guilty 10 d.
The Prisoner. Darby, is but thirteen Years of Age; by this wicked Practice, Mr Hunt declared he was like to be ruined, both as to his Character and Substance.
John Neal . When the Boy was taken that stole the Watch, he acknowledged that he did steal it, and he carried it to Mary Clement , and she acknowledged she did receive it, and sold it for a Guinea in Rosemary-Lane; we went with her to the Man, and found the Watch; the Boy was tried the Sessions before for stealing a Gold Watch, and when acquitted of that, he stole a Silver one ; that she must know to be stolen.
Q. Where did he tell you she lived?
Neal . At the Bottom of Rosemary Lane, beyond the Watch-house; according to his Direction we found the Woman.
Q. When you found her, what did she say for herself?
Neal. She told us she did receive such a Watch as we described; she owned she received the Watch from William Lowin , and that she sold it while he stayed with her; she said she had but 1 s. for selling of it; that she sold it at Alexander Bagnel 's , where we found it by her Directions.
Neal. In Rosemary-lane.
Q. Is the Prisoner a House-keeper?
Neal. No, Sir, she has a dreadful Character in the Neighbourhood.
Bagnel. I live in Rosemary-Lane ; I am a Salesman; this Woman, the Prisoner, brought to me Mr Neal's Watch, and asked me if I would buy a Watch; she brought it about nine o'Clock; 'tis a long while ago.
Q. What did you give her for it?
Bagnel. I gave her a Guinea , and asked her no Questions . I did not think she had stole it, it had only one Case to it; I have known her going up and down Street for two Years.
Q. Did you know she had got Watches to sell ?
Bagnel. My Lord, I don't remember I did .
Q. Do you buy all Kind of Things?
Bagnel . I buy old Cloaths.
Q. How came you to deal in Watches?
Bagnel . I thought I might get a Shilling or two by it.
Court. Do you buy things you don't understand? I suppose you would buy Diamonds if you could have them cheap?
Joseph Jones . I was Constable the last Year, and was charged with William Lewin , and before my Lord-Mayor, he said this Mary Clement was an associate with him and Mc Lane , [This Mc Lane was a little Boy of Eleven Years of Age, who was tried two or three Sessions ago for stealing Cloaths, &c. and was then acquitted.] and by Lewin's Direction, this Watch was found out and come at.
Q. to Clement, the Prisoner. How came you to take this Watch? Did you know the Boy before?
Clement. No, my Lord, I never saw him before in my Life; I had a young Woman a Bed with me when the Boy brought it up to me.
Court. So much the worse; How came you to take it of a Stranger?
Q. Have you any Body to your Character, how you behave in your Neighbourhood?
Prisoner. Yes, if I had Time to send for them. They have kept me three Sessions.
- Jennings. I thought I heard something of a Chinking, and hinted something to Richard Jennings , he went up to the Table, and insisted upon knowing what they had there; there was something wrapped up in a coarse thing, which was a Piece of a Frock, Jennings laid hold of George Brown , and likewise of the Frock, wherein was something tied up; he insisted upon seeing what it was; when it came to be opened, it was the Brass Pestle and Mortar which belonged to Mrs Roberson .
Richard Jennings . Both the Prisoners came into Mrs Roberson's House; Saverey. the Prisoner, in a Soldier's Coat, he came from the Box where he sat, to the Chimney-side , where the Pestle and Mortar stood; he came under a Pretence to toast a Piece of Cheese, which he put upon a Pen-knife in order to toast it. I did not like the Looks of the Men, therefore I had the Curiosity to see if they had any thing: the Things wrapped up were opposite to Brown , I declared I would see what was in it; upon that, Saverey got up and gave me a Blow; however, I held them both as long as I could; being sturdy Men, IMartha Wimpey , she laid hold of the Skirt of his Coat; upon laying hold of his Coat, he stabbed her in the Elbow; upon this he made his Escape; However, this did not make me let go the Prisoner Brown , but Brown dragged me out to the Door : when I got out upon advanced Ground, I knocked Brown down, and he said I had broke his Jaw; the Parcel being opened, the Pestle and Mortar was there, which I can swear to be Mrs Roberson's. Before they came into the House, there was no such thing as a Piece of Frock lying there.
Q. What is his Trade?
Foster. A Butcher, he has been a Master Butcher the best Part of his Time, and I have dealt with him the most Part of the Time; I believe him to be a very honest Man.
Q. Is Brown a House keeper?
Foster. Yes, he lives in a little House of his own in Petticoat Lane, he has a very good Character, he has kept his Family very well, and has a Wife and three Children now.
Sterling. I have known George Brown for several Years, he lived just at the Back of my House in Petticoat Lane, he has been a Pains taking Man, he has three Children, and his Wife is now down lying; I live in Bottle Alley, I have entrusted in my House Night and Day both him and his Wife with Copper and Plate, and I have always found them very honest.
Court to the Prisoner, Saverey. Have you any Witnesses?
Saverey. Yes, my Lord, I believe I have.
Q. Where does your Husband live?
Simson. In Gravel lane, Hounsditch .
Q. How long have you known Saverey, the Prisoner?
Simson. About a dozen Years.
Q. Where does the Prisoner live?
Simson. In Fashion Street when I knew him first.
Q. How long has he been gone from that Neighbourhood?
Simson. I believe for two Years, I have seen him since.
Court. But you could not know much of him by seeing him sometimes.
Prisoner. My Lord, she could not know me when I was in Flanders .
Simson. He is a Soldier.
Court. Is that the best Character you can give of him? Both acquitted .
Heyman. Yes, my Lord, he was my Servant for five Years; my Lord, I missed Money out of my Till; on the 18th of December, I lost 1 s. on the 22d and 23d, I lost 18 d. each Night the Till was wrenched open, I stood in my own Room and saw him do it.
Q. What Time did he do it?
Heyman. Between twelve and one at Night.
Q. How came you to be up at that Time?
Heyman. We marked the Money, and sat up on Purpose.
Q. How did he do it?
Heyman. He came with a Candle , and wrenched it up, and he put the Lock in again without hurting of it at all.
Q. Did you tell him of it then?
Heyman. He being a pretty resolute Man, we let him alone till the Morning, then we got a Warrant for him, and took him up, and he confessed it before the Justice, and afterwards.
William Cross . On Saturday before Christmas-day, Mr Heyman , my Neighbour, sent for me to a publick House, and said he believed he was robbed by some of his Servants, and we marked Money, we marked three Six-pences, and a Brass Six-pence, which I marked myself with a Pen-knife.
Q. Did you look into the Till, and see what was missing?
Cross. I sat up that Time along with my Neighbour, I saw him heave the Till up, and take something out, which I believe was Money.
Q. How did the Prisoner open the Till?
Cross. He listed it up with his Hand, I would have seized him, but Mr Heyman believed he would spoil his Batch of Bread, which was just about to be put in; we ordered the Constable to search him, and
Q. What did he say, did he own he had done it?
Cross. He said his Master might take all the Money, and he would go into the Country. When I first charged him with robbing his Master, he said he did not rob him, till I told him of the marked Money.
There were Mr Gardner, Hornby , Hart, and Baxter appeared on the Behalf of the Prisoner , and said they had known him for a Term of Years, and he bore 2 very good Character.
Guilty 10 d.
101. Robert Ridgway , and Henry Davis , not yet taken, were indicted for feloniously cutting and breaking 84 Pounds Weight of Lead, from a House belonging to the Master, Brother and Sister of the Virgin Mary of St. Catharine's , with an intent to steal .
John Combes . On the 23d of December , between six and seven o'Clock in the Evening, Henry Davis asked me to go along with him, likewise I went along with him; when he came to his Master's Shead he took the Ladder , and put it to the Side of the House, and went up to the Top of the House; and I asked him what he was about to do there.
Q. Where was the House?
Combes . In St Catharine's; he told me he was about to throw a Piece of Lead off to sell; as soon as he had got it, he threw a Piece of Lead down, and directly this Man came and laid hold of me. I know no more of it, my Lord.
Q. Who laid hold of you?
Q. Have you any thing to say as to Ridgway?
Edward Brandish . I live in a House belonging to the Master, and Brother and Sister of the Virgin Mary of St Catherine's; I live in part of the House ; I was at Work, and my Wife heard some Body a Top of the House; she thought they were about to break in to rob or murder her. I took my Fellow-Servant, John Hodges ; I ordered him and my Wife to go into the Bricklayer's Shed, where they took the Ladder from, for Fear of their running away, and I went up upon the House, and took the Prisoner at the Bar. I saw no Body else.
Q. What was he taking up Lead from the Gutter? had he separated the Lead from the House any Part of it?
Brandish. No, my Lord, they had not cut any off, only rolled it up.
Q. Was any other Part taken up?
Brandish. There was another Piece thrown down that Night ; they had taken that Piece from the same Gutter , but jetting from the Windows.
Q. Where did you find that?
Brandish. In the Bricklayer's Shed the young Lad speaks of.
Q. How do you know that Lead was taken that Night?
Brandish. I do not know, my Lord.
Roberson. He has lived with me five or six Years, I have trusted him, I believed him to be honest , I believe it to be the first Fact.
Easter Crank I believe the Prisoner at the Bar to be very honest and sober, I never knew him to be guilty of the least Misdemeanor whatsoever.
Mary Johnson. I have known the Prisoner between five and six Years, his Character is that of a very sober, honest , just Lad, I never heard any thing to the contrary.
102. William Turner was indicted for Murder: the Indictment sets forth, that he, not having the Fear of God before his Eyes, on the 3d of January , in the Parish of Whitechapel without Aldgate , against Mary Marshall , Widow , did make an Assault, the said William Turner , drawing his Horses with great Violence, did drive the two Horses against the said Mary, thereby giving the said Mary one mortal Wound, of which Wound the said Mary instantly died .
He likewise stood charged upon the Coroner's Inquisition with Man slaughter .
Q. What was the Consequence of that?
Jennings . Her Death I believe, my Lord.
Q. How long did she live afterwards?
Jennings. My Lord, I cannot say.
Q. Did you see the Woman afterwards?
Jennings. Yes , my Lord, she was taken up and put under a Bulk, and never stirred after.
Curby. This Man (the Prisoner) was running after the Cart to stop the Horses; he was calling upon the Horses, who oho .
Q. Did you hear him cry who-ho , before the Fore-Horse threw the Woman down?
Curby. Not before the Horse threw the Woman down.
Jeffery Dunn . My Lord, I was at Work at my Vice in the Shop, and I heard a great Noise in the Street, and a Man crying out, who oh-oh , upon which I supposed there might be some Accident, some Danger happened; and when I came to the Door, I saw the Woman under the Horses, and I saw the Wheel go over her.
Q. Was the Cart loaded or empty?
Dunn. I perceived some Baskets in it.
Court to the Prisoner. What do you say for yourself?
Prisoner. As I was going down the Minories , I met a Dray or two, I was forced to leave the Horse's Head, or I should have been squeezed myself, that I let go my Hold to keep off the Dray; there was a young Horse before .
As the Prisoner was under some Difficulty in meeting other Drays, the Court thought it ought not to be brought in Manslaughter, but accidental, therefore he was acquitted of the Murder and Manslaughter .
103. + Hugh Pelling , of the Parish of St Martin Outwich, in the Ward of Broad-street , London , Gent. was indicted for feloniously forging a certain Warrant, or Order, to defraud the Governor and Company of Merchants of Great Britain , trading to the South-Seas , &c. and for publishing the same , knowing it to be forged . Which Indictment is as follows:
London to wit, the King against Pelling.
THE Jurors for our Sovereign Lord, upon their Oath, present that one Daniel Hayne , on the 21st Day of January, in the Year of Our Lord, 1744, and in the 18th Year of the Reign of Our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France, and Ireland, King Defender of the Faith, and so forth; and long before was, and still is, one of the Clerks of the Governor and Company of Merchants of Great Britain , trading to the South Seas, and other Parts of America ; and for encouraging the Fishery; and then and long before was, and hath ever since been, entrusted and employed by the Governor and Company aforesaid, to make out and sign Warrants or Orders for the Payment of Money, payable by the said Governor and Company, to wit, at London , that is to say, at the Parish of St Martin, Outwich, in the Ward of Broad-street, in London aforesaid. And the Jurors aforesaid, upon their Oath aforesaid, do further present, That Hugh Pelling , late of London , Gent. on the 11th Day of February, in the 18th Year aforesaid; and long before and afterwards was also a Clerk of the Governor and Company aforesaid, commonly called a Pay-Clerk, and entrusted and employed by the said Governor and Company, to pay Money for them, and on their Behalf, upon and in Discharge of Warrants or Orders, for the Payment of Money, payable by the said Governor and Company, to wit, at London aforesaid, that is to say, at the Parish and Ward aforesaid, And the Jurors aforesaid, upon their Oath aforesaid, do further present, that the said Hugh Pelling , on the said 11th Day of February, in the 18th Year aforesaid, having in his Custody and Possession, a certain Warrant, or Order, partly printed, and partly written, signed by and under the Hand of the said Daniel Hayne , and directed to Rowland Rogers , Esq; then and upon the said 21st Day of January, 1744, and long before Cashier to the Governor and Company aforesaid, for the Payment of the Sum of Eight Pounds, to one William Derisley , therein named for Half a Year's Annuity, on the Sum of Four Hundred Pounds Interest, or Share in the new Joint Stock of South-Sea Annuities , therein mentioned; and which said Warrant or Order was then in the Words, Figures, Cyphers, and Letters following, that is to say, C. No. 1214. New South-Sea Annuities , at 4 l. per Cent. 23 d.Rowland Rogers , Esq; Sir, Pay to William Derisley , the Sum of Eight Pounds, for Half a Year's Annuity, at 4 per Cent. per Annum , on the Sum of L. 400 Interest, or Share in the New Joint Stock of South Sea Annuities, erected by Act of Parliament, made in the Sixth Year of the Reign of His Majesty King George the Second, intituled, An Act for the converting a further Part of the Capital Stock of the South-Sea Company into Annuities, redeemable by Parliament; and for setting the remaining Part of the said Stock in the said Company, which became due on the 25th Day of December last, and take a Discharge on the Back hereof. South-Sea House, the 21st of January, 1744. L. 8. D. Hayne examined E. Fowler, and on the Back of which said Warrant, or Order, the said William Derisley had signed his Name as followeth, Wm Derisley ; he the said Hugh Pelling afterwards, that is to say, on the said 11th Day of February, in the 18th Year aforesaid, with Force and Arms, at London aforesaid, that is to say, at the Parish of St Martin, Outwich, in the Ward of Broad-Street, in London aforesaid, the said Warrant , or Order, feloniously did altar, and cause to be altered, by falsely making, forging, and adding the Letter y to the Word Eight, before written in the said Warrant, or Order, whereby the Words Eight Pounds before written in the said Warrant, or Order, with the said Laterly, so falsely made, forged, and added as aforesaid, became Eighty Pounds: and also by falsly making, forging, and adding the Cypher o, to the Figure and Cyphers , 400 before also written in the said Warrant, or Order, which Figure and Cyphers , with the Letter L. next preceding them , did before such last mentioned Forgery and Addition, import and signify Four Hundred Pounds; but by Reason and Means of such last mentioned Forgery and Addition , did, together with the said Cypher, so falsely made, forged, and added as aforesaid, become, import, and signify Four Thousand Pounds. And also by falsely making forging, and adding the Cypher o to the Figure 8 before-written; also in the said Warrant, or Order, and which last mentioned Figure, with the Letter L. also next preceding it, did before such last mentioned Forgery and Addition, import and signify Eight Pounds; but by reason and Means of such last mentioned Forgery and Addition, did, together with the said last mentioned Cypher, so falsely made forged, and added, become import, and signify, Eighty Pounds, with Intention to defraud the Governor and Company aforesaid, of the Sum of Seventy-two Pounds, of lawful Money of Great Britain, against the Peace of our said Lord the King, his Crown and Dignity; and also against the Form of the Statutes in such Case made and provided.
1st Count. For forging the Warrant, to defraud the Governor and Company.
And the Jurors aforesaid, upon their Oath aforesaid, do further present, That the said Hugh Pelling , on the said 11th Day of February, in the 18th Year of his said present Majesty's Reign, having in his Custody and Possession a certain, false , forged, altered, and counterfeited Warrant, or Order, partly written and partly printed, purporting to be a Warrant, or Order, under the Hand of the said Daniel Hayne , and directed to the said Rowland Rogers , Esq; for the Payment of the Sum of Eighty Pounds, to one William Derisley therein named, for Half a Year's Annuity , on the Sum of Four Thousand Pounds Interest or Share, in the New Joint Stock of South-Sea Annuities, therein mentioned: Which said false, forged, altered, and counterfeited Warrant, or Order, is in the Words, Figures, Cyphers, and Letters following, that is to say, C. No. 1214. New South-Sea Annuities, at 4 l. per Cent. 23d Rowland Rogers Esq; Sir, Pay to William Derisley the Sum of eight Pounds for half a Year's Annuity, at 4 per Cent. per Annum, on the Sum of L. 4000 Interest, or Share in the New Joint Stock of South Sea Annuities, erected by Act of Parliament made in the Sixth Year of the Reign of His Majesty King George the Second, intituled, An Act for the converting a further Part of the Capital Stock of the South-Sea Company into Annuities, redeemable by Parliament, and for settling the remaining Part of the said Stock, in the said Company, which became due on the 25th Day of December last, and take a Discharge on the Back hereof. South-Sea House, the 21st of Ja nuary, 1744, L. 80. D. Hayne, examin'd E. Fowler , and on the Back of which said false, forged, altered, and counterfeited Warrant, or Order, is signed the Name William Derisley , as a Discharge under the Hand of the said William Derisley , in the said false, forged, altered, and counterfeited Warrant, or Order, named of the said false, forged, altered, and counterfeited Warrant, or Order, he the said Hugh Pelling afterwards, to wit. upon the said 11th Day of February, in the 18th Year aforesaid, with Force and Arms at London aforesaid, that is to say, at the Parish of St Martin Outwich in the said Ward of Broad-street in London aforesaid, with Intention to defraud the Governor and Company of Merchants of Great-Britain trading to the South Seas and other Parts of America, and for encouraging the Fishery of another Sum of Seventy-two Pounds, the said false, forged, altered, and counterfeited Warrant, or Order, did feloniously utter and publish as a true Warrant, or Order, under the Hand of the said Daniel Hayne , for Payment of the Sum of EightyWilliam Derisley (he the said Hugh Pelling , at the Time he so as aforesaid uttered and published the said false, forged, altered, and counterfeited Warrant, or Order, well knowing the same to be false, forged, altered, and counterfeited) against the Peace of our said Lord the King, his Crown and Dignity, and also against the Form of the Statutes in such Case made and provided.
2d Count. For uttering and publishing the forged Warrant, to defraud the Governor and Company.
The 3d Count is for feloniously uttering and publishing the said forged Warrant, or Order, with Intention to defraud divers Persons unknown.
And the Jurors aforesaid, upon their Oath aforesaid, do further present, that the said Hugh Pelling , on the said 11th Day of February , in the said 18th Year of His said Majesty's Reign at London aforesaid, in the Parish and Ward aforesaid, having in his Custody a certain Paper, partly printed and partly written, and which was then in the Words, Figures, Cyphers, and Letters following, that is to say, C. No 1214. New South-Sea Annuities at 4 l. per Cent. 23d Rowland Rogers , Esq; Sir, Pay to William Derisley the Sum of Eight Pounds, for Half a Year's Annuity, at 4 per Cent. per Annum , on the Sum of L. 400 Interest or Share in the New Joint Stock of South-Sea An nuities, erected by Act of Parliament, made in the Sixth Year of the Reign of His Majesty King George the Second, intitled, An Act for the converting a further Part of the Capital Stock of the South-Sea Company into Annuities , redeemable by Parliament, and for setting the remaining Part of the said Stock in the said Company, which became due on the 25th Day of December last, and take a Discharge on the Back hereof South-Sea House, the 21st of January, 1744, L. 8. D. Hayne, examined E. Fowler, and on the Back of which said Paper, partly printed and partly written, the aforesaid William Derisley therein named , had endorsed and signed his Name as followeth, Wm Derisley; and which said Paper, partly printed and partly written, together with the said Indorsement thereon in the Form aforesaid, did then purport to be and was a Receipt, Acquittance, and Discharge, under the Hand of the said William Derisley , for the said Sum of Eight Pounds in the said Paper, partly printed and partly written, mentioned; he the said Hugh Pelling afterwards, that is to say, on the said 11th Day of February, in the 18th Year aforesaid, with Force and Arms at the Parish and Ward aforesaid, in London aforesaid, the said Paper, partly printed and partly written, with the said Indorsement thereon, so purporting to be such Receipt, Acquittance, and Discharge as aforesaid , feloniously did alter , and cause to be altered, and the Letterly feloniously and falsly did make, forge, counterfeit, and add to the Word Eight before-written in the said Paper, partly printed and partly written, so purporting with the said Indorsement to be such Receipt, Acquittance, and Discharge as aforesaid, whereby the Words Eight Pounds before-written in the said Paper, partly printed and partly written, so purporting with the said Indorsement to be such Receipt, Acquittance, and Discharge as aforesaid, with the said Letter y so falsly made, forged, and added thereto, became Eighty Pounds; and also the Cypher o feloniously and falsly did make, forge, counterfeit, and add to the Figure and Cyphers 400 before also written in the said Paper , partly printed and partly written, so purporting with the Indorsement aforesaid to be such Receipt, Acquittance, and Discharge as aforesaid; whereby the said Figure and Cyphers 400, with the printed Letter L. next preceding them, did, together with the said Cypher, so falsly made, forged, and added there to as aforesaid, become, import, and signify Four Thousand Pounds; and also the Cypher o feloniously and falsly did make, forge, counterfeit, and add to the Figure 8 before-written also in the said Paper, partly printed and partly written, so purporting with the Indorsement aforesaid, to be such Receipt, Acquittance, and Discharge as aforesaid, whereby the said Figure 8, with the printed Letter L. also next preceding it, did, together with the said last mentioned Cypher, so falsly made, forged, and added thereto as aforesaid, become, import, and signify Eighty Pounds, with Intention to defraud the Governor and Company of Merchants of Great-Britain, trading to the South-Seas and other Parts of America , and for encouraging the Fishery, against the Peace of our said Lord the King, his Crown and Dignity, and also against the Form of the Statutes in such Case made and provided.
4th Count. For feloniously altering a Receipt, or Acquittance , to defraud the Governor and Company.
The feloniously uttering and publishing such Receipt or Acquittance , knowing that the same had been altered, forged , and counterfeited by Persons unknown, with Intent to defraud the Governor and Company . This Count is framed Mutatis mutandis in Manner of the 4th.
Like the 5th, only laid with Intent to defraud Persons unknown .
N. B. The Warrant having been passed and cancelled as a true one, it was thought advisable to consider it as a Receipt or Acquittance, which occasioned the three last Counts.
N. B. The Remainder of this Trial, together with the others of this Sessions , will be published in a few Days.
AT JUSTICE-HALL in the Old-Baily, on FRIDAY January 16, SATURDAY 17, and MONDAY 19.
In the 20th Year of His MAJESTY'S Reign.
BEING THE Second SESSIONS in the MAYORALTY OF THE
NUMBER II. PART II.
Printed for J. HINTON , at the King's-Arms in St Paul's Church-Yard . 1746.
Hugh Pelling .
UPON reading the Indictment, the Council for the Prisoner objected , that an Intention to defraud a Body Corporate, was not within the Meaning of the Act of Parliament of the Seventh of His Present Majesty, which declares it Felony, falsely to make, forge, or counterfeit, any Acquittance or Receipt, for Payment of Money; or knowingly to utter or publish the same, with Intention to defraud any Person whatsoever: That the South-Sea Company cannot fall under the general Description of the Word Person, mentioned in this Act. [Which Point was reserved to the Prisoner, in Case he had been found guilty. And then the Council for the King proceeded.] That the Prisoner was now called upon to answer for his Life for an Offence of a dangerous Tendency, an Offence that the Law has made capital, the forging of a Dividend-Warrant in order to defraud the South-Sea Company .
The Prisoner was one of the Clerks of the South-Sea House, in an Office called the Pay-Office, and they make their Payments in Consequence of Warrants brought to them for that Purpose; these Warrants are brought by the Proprietors, or Persons for them, into the Treasury, the Method of which is as follows: The Cashier in a Morning pays into the Hands of the Pay-Clerks a certain Sum of Money; if in the Evening they bring Warrants importing the Sum delivered to them, he ballances the Account that Day with proper Vouchers; if they do not bring Warrants to the Amount of the Sum received, they are to return so much of the Money as has not been applied in Payments.
The Fact for which the Prisoner is charged, is the altering of a Dividend-Warrant, by adding the Letter y to the Word Eight, to make it Eighty, and by the Addition of a Cypher to the Sum 8 l. to make it 80 l. and the Addition of a Cypher to 400 l. to make it 4000 l. which Alterations are an uniform Multiplication by 10.
The Fact laid in the Indictment is so long ago as February was a Twelve-month, and the Discovery was made no longer ago than October last. In the Month of February, 1744. Mr William Derisley , whose Name is mentioned in the Warrant, being intitled to the Sum of 400 l. South-Sea Annuities, applied about the first of that Month, the Dividend-Warrants being then payable, in order to receive his Dividend, he went to the proper Office in order to make his Claim.
When the Accounts are stated, how much is due to every Proprietor; then Warrants are made out, and these Warrants are numbered, importing to be payable for Dividends upon New South-Sea Annuities , viz.
Rowland Rogers, Esq; Pay the Sum of
on L .
New South-Sea Annuities , &c.
and there is a Blank left in the printed Paper, to be filled up with the Name and Figures; so that when any of the Properietors apply for a Warrant, in order to receive their Dividend, there is an Alphabet ready to have Recourse to Names, upon which Mr Derisley having applied, he thought it proper to go to the Pay Office; at the Time he received the Warrant, he signed his Name on the Back of it; upon the Receipt of the Money, as is usually done; the Money he applied for was 8 l. which he received, and left the Warrant in the Office, and heard no more of it, till he was applied to, to unravel this Affair; being called upon to give an Account of this Transaction; to the best of his Knowledge, he thinks it to be the First of February, which Warrant was not brought in to the Cashier's Office, till the 11th of February, then it was brought in, in the same Manner as the Clerks usually bring in their Warrants as Vouchers, which Warrants were bundled together, and the Number and Value wrote upon the Outside; and the Clerk generally writes his Name at Length, or the initial Letters of his Name upon it; and the Prisoner at the Bar, on the 11th of February aforesaid, thought sit, upon the Bundle he carried in, to write his Name at Length, importing it to contain One Hundred fifty five Warrants, the Cashier not checking it immediately, they put the Sum, that is the Amount of that Bundle, which was L. 2806 12 s. 6 d. the whole Amount of the 155 Warrants.
Under these Circumstances, 'tis apprehended that there is all the Proof that can be of an Attempt to defraud the South-Sea Company , by which Warrant , if it had stood unimpeached, the Prisoner would have gained to himself Seventy-two Pounds.
Hayne. I am, Sir.
Q. Was you so in February 1744?
Hayne. Yes, Sir.
Q. In what Office?
Hayne. In the Transfer Office.
Q. Are you the Person that makes out the Dividend-Warrants? What Warrant is that you have in your Hand ? What No Warrant?
Hayne . 1214.
Q. Was that Warrant made out by you?
Hayne . Wrote by me, and signed by me.
Hayne. I have compared it with the Dividend-Book, it was 400 l. Stock, and 8 l. carried in the Margin, was for the Dividend thereof.
Q. From whence is this Dividend Warrant drawn?
Hayne . They are wrote from our Dividend-Book, and that is in the Dividend-Book.
Q. What is it there?
Q. Was this Warrant made out from that Book? Is that Entry of your writing in that Book, or from the Book of another Year?
Hayne. It was from this Book, or a Copy from another.
Q. Can you take upon yourself to swear that Warrant was made from that Book?
Council for the Defendant. This Warrant before you, is it of your writing?
Hayne. Yes, Sir.
Council. Is it as you wrote it, or has there been an Alteration made in it?
Hayne. I am satisfied there is an Alteration .
Q. How was it when you wrote it?
Hayne . It was Eight for the Interest, and the Principal 400 l.
Court. Be so good as to read it as you wrote it.
Hayne. Rowland Rogers, Esq; Pay to Wm Derisley the Sum of Eight Pounds on 400 l. Stock. It is now Eighty by the Addition of the y.
Council. Are you sure that the y is not of your writing?
Hayne . It was not.
Q. Does it stand as you first wrote it, the Sum of 400 l.?
Hayne. No, it is now 4000.
Council. How was 400 expressed?
Hayne. First it was expressed in Figures, 400 l. there is the Mark of Pounds, an L.
Q. How is it now?
Hayne. It is the same with the Addition of an o; what was before 400, is now 4000.
Council. Give me Leave to ask you again, first, Is the Figures 400 your own Hand-writing?
Hayne. Yes, the 400; but with regard to the last Cypher, that makes it 4000, I take it not, because it does not stand in Course with the rest.
Council. Have you any other Reason, with regard to the Figures 4000 l or what Reason have you with regard to the Letter y added to the Eight, of being sure, or being of an Opinion, that the y and Cypher is not your Hand-writing?
Hayne. Sir, the y is quite different to what I write , and crowded more than I should have cared to have done in a Warrant.
Council. Now with Regard to the additional o, that follows in the Sum 400, What Reason have you besides what you gave? You said the last o was out of the Line; What Reason have you besides being out of the Line?
Hayne. The Manner of the o is different.
Council. Now I would add, whether you have taken any Notice of the Figures in the Margin?
Hayne. I can't be quite so positive as to the o in the Margin, as the o in the 400.
Council. Do you know whose Hand-writing was the Figure of 8?
Hayne. Mine, Sir.
Council So then you not only filled up the Warrant, but put in the Figures?
Hayne. Yes, Sir, we have examined this Warrant after it was wrote, three several Times; Mr Fowler and I both examined it and signed it.
Council. Are you positive you examined the Import of the Warrant before you signed it?
Hayne. Yes, Sir.
Council. What did you examine it by?
Hayne. I believe by this Book.
Council. What Reason have you to take it to be this Book?
Hayne. Because this is the Book by which we pay.
Q. In whose Custody is this Book?
Hayne. 'Tis in the Custody of him that belongs to the Book, and takes Care of the Key.
Council. Are you one of the Officers?
Council. Are you sure that Book has not been altered since?
Hayne. Sir, 'tis plain here's no Alteration in it.
Council. Why do you say that the Book to pay by is part of the Book to pay by?
Hayne. This Book takes in all in D.
Council. Do you generally examine by this Book that you call the Pay-Book?
Hayne. I rarely miss.
Council. Have you any other Reason?
Hayne. 'Tis my general Practice; and I look upon it to be safest for the Company.
Council. So then by the Form of the Letter y, and the Form of that last Cypher, you think 'tis not your Hand-writing?
Hayne. I am sure of it.
Council. What Reason have you to think that the o in the Margin is not your writing?
Q. What is the use of making Figures in the Margin?
Hayne. I look upon it to be more ready for the Payment of Interest.
Q. Do you ever make the Sum in the Margin different from the Body of the Warrant?
Hayne. We write in the Body of the Warrant the Words at Length, and the Margin in Figures.
Q. Did you ever make out a Warrant of Eight Pounds for Mr Derisley ?
Council. Can you tell at what Time of the Year you make out these Warrants?
Hayne. We fill them up half yearly.
Council. Can you recollect between the Time of shutting and opening the Books, that that Warrant was not, or could not be, actually taken out?
Q. After you have wrote it, to whom do you deliver it?
Hayne. I generally examine the last Examination but very little before delivering our Warrants.
Q. Who is the other Officer to whom you deliver them?
Hayne. There is one Fenboulhet under me.
Council Can you recollect after you had compleated that Warrant to be delivered into the Hands of the Clerk, who that Clerk was to whom it was delivered?
Hayne. I can't say to whom it was delivered.
Council. Nor you don't know where it was during all that Time?
Hayne. It was in our Custody all that Time.
Council. Did any Body keep the Key of that Box where it was?
Council. Had any other Clerks recourse to that Box?
Hayne. There were two of them, but I can't tell which.
Council. So that after you had delivered it out you cannot tell? Had it any Date after you had delivered it out?
Council. Have you ever heard that such Things have been done, that Warrants have been altered?
Hayne . I might before have heard, but not with my Certainty.
Council. Did you know Mr Shuttleworth ? Did you never hear that he has done such a Thing?
Hayne. I heard such a Report, but I never heard all the Particulars.
Derisley. My own Hand-writing.
Q. Upon what Occasion did you write your Name upon the Back of that Warrant?
Derisley. In order to receive the Dividend; now 'tis a Warrant for 80 l. when I had it, it was for 8 l. only; I received the Sum of Eight Pounds of the Clerk, and I left the Warrant with the Person that paid me. I can't remember the Clerk that I received it of.
Council. You have been a Proprietor some Time; Do you always sign your Name in the Book?
Council. Did you at the Time you signed that Receipt, compare the Warrant with the Book?
Derisley. I read the Book I signed, and read the Warrant I signed, and the Warrant and the Book corresponded.
Q. How much Stock had you at that Time?
Derisley. Four hundred Pounds, which is the only Sum I ever had in that Company.
Court. You have been often there I suppose? Did you always receive of the same Person?
Derisley. We generally go to the Person that is most at Leisure; we don't enquire for any particular Person.
Woolley. I was Deputy-Cashier long before I was made Cashier.
Council. Now you are Cashier?
Woolley. Yes, Sir.
Council. Sir, Give my Lord and the Jury an Account whether you know the Prisoner at the Bar. Was he ever employed by the South-Sea Company as one of the Pay-Clerks?
Woolley. Yes, for twenty Years past.
Council. Now, Sir, with Regard to keeping your Accounts with these Pay-Clerks.
Woolley. Every Morning 'tis my Business to issue out Bank-Notes and Money to the Clerks, to enable them to answer the Demands that might be made in the Office, by the coming in of the Dividend Warrants. When the Business of the Day is over, then we call upon them for the Notes, they have left; then the y proceed to make up their Accounts; and the Method is, they sort the Warrants, when that is done, they list these Warrants in the Pay-Book, to see what the Total amounts to, then they bring them to me, then I give them Credit, and allow them in the Account, the Sums wrote upon the Back of their Bundle of Warrants, signed by the Pay-Clerk, or with the initial Letters of their Names; first they
Council. Is that the Method?
Woolley . Yes.
Council. That being the usual Way, Do you ever give Credit without Warrants being thus described?
Woolley . No, Sir.
Council. Now that Bundle you have in your Hand; there seems to be upon that Bundle the Endorsement of the Prisoner at the Bar.
Woolley. The whole of that Endorsement, the 11th of February, &c. except what is by the Examiner, is of Mr Pelling's Writing.
Council. Now inform my Lord and the Jury, whether you received this Bundle or that Bundle, with another Paper enclosed.
Woolley. My Lord, we have an Office belonging to the Treasury called the Examiners-Office; the Business of these Clerks is to check the Accounts that the Pay-Clerk makes of the Warrants; upon the 11th of February, 1744. I gave credit to the Prisoner at the Bar, to 155 Warrants of New Annuities 23, the Sum of L. 2806 12 s. 6 d. My Lord, I have inspected the Journal where these Warrants are entered carefully, and among the Warrants entered on the Prisoner's Account, that expresses the Sum of L. 2806. 12 s. 6 d.
Council. After you gave this Credit, I suppose you had this Bundle in your Custody?
Woolley. Yes, Sir.
Council. But it laid in Order for the examining Clerk, to examine it for the Purposes you have mentioned?
Woolley. Yes, Sir.
Council. In this Office of your's, Do you know whether it continued or not continued till the Examiner took it?
Woolley. I have no Reason to think it was not there, there are several hundred Warrants.
Q. Did you ever find any missing?
Q. Do you make a Memorandum when the Clerk takes them away?
Woolley . No, my Lord.
Council. How many Pay-Clerks were they? What were their Names?
Woolley. Mr Gosling, Uther , Heister, and Mr Pelling. This Bundle was about ten Days before the Clerk had entered them.
Council Is it usual to lay so long?
Woolley. No, Sir, they should not.
Council. I am afraid it is but too common a thing for Clerks to exchange each others Places, and lend Warrants one to another.
Woolley. No, Sir.
Council. From the 11th of February, can you tell how long it might lie in your Office?
Woolley. I cannot tell .
Council. Then it might be near a Month; nor you cannot tell to what Examiner you delivered them to?
Woolley. After the Bundle has been past by the Examiners, they are kept in a Room under the Care of one Mr Gostling .
Q. Can you take upon yourself to say, whether this Receipt was in the Bundle?
Woolley. I cannot say.
Council. I would ask you one Question, Who makes your fire for you?
Woolley. There is a Man on Purpose that comes every Morning in the Winter to make a Fire.
Council. So that, during all that Time he is in your Office, he goes backward and forward, and he may let in whom he please?
Woolley. He should not.
Council. I would ask, whether any body could not come backward and forward, whether you could have any Check upon him? What Time is he there?
Woolley. About eight o'Clock, and I am there about nine myself.
Q. Did you ever miss any thing out of your Office?
Woolley. No, I never missed any thing.
Q. When was Mr Pelling first charged with this Fact?
Woolley. I think in October.
Council. Was he not examined by a Committee of Directors? Was he at Liberty all this Time?
Woolley. I cannot tell.
Q. How many Times was he examined?
Woolley. He was before the Committee, and examined for some other Fraud; and as this Fraud was found out, they sent and took him up.
Mr North . This might be nine or ten Days.
Council. I suppose there is an Opportunity of going into your Office before the Papers are carried away, and another Clerk of the Office that actually gave in the Receipt, might take out the Receipt out of Mr Pelling's Bundle. What was Mr Shuttleworth?
Q. to North. What became of the Prisoner after his former Examination?
North. To the best of my Remembrance he said he was ill, and went down to his House in the Country; I think some Holiday intervened, and there was a Day appointed for him to come to the House: The Committee apprehended he was sled, he was
Hassel . On the 31st of October I made the Discovery of this Fraud.
Q. What did you do with the Warrant when you found it out?
Hassel. I laid it by carefully, till it was laid before the Committee, and upon Tuesday the 4th of November, it was laid before them.
Q. Was that the first Discovery of this Warrant of Derisley's ?
Hassel. Yes; there was a Warrant also found out in the Name of one Hill, and then Alderman Baker issued out Warrants for apprehending three or four others; Tew, Rouse, and Clark were taken into Custody, but the Prisoner was in the Country at that Time.
Q. When was it Mr Alderman Baker issued out his Warrant for the Prisoner upon this particular Affair?
Hassel. As to the particular Time, I cannot take upon me to say.
Q. Were all three of them charged with Facts?
Hassel. No, Sir, it was only on Suspicion, nothing was proved.
Rouse . Yes.
Q. How long?
Rouse. Four Years.
Q. Are you now?
Rouse . I have been suspended for some Time, I was in the Examiners-Office, our Business was to enter the Warrants that are fetched out of the Treasury from Mr Woolley ; we enter them into Books that are kept for that Purpose. I was there from the Year 1742 to 1746.
Court. Will you look upon this Warrant? Did that Warrant upon any Occasion come into your Hand?
Rouse. It came into my Hand in this Bundle.
Council. How do you understand it was in this Bundle?
Rouse. Because I copied them in that Book.
Q. Where did you receive it from?
Rouse . I received it from Mr Woolley; looking to the Book, I found it was fetched from Mr Woolley by Mr Tew . When they are brought into our Office, they are put into a Glass Case; these 155 Warrants are divided into two Parcels, I entered of the Bundle from A to K.
Q. Who received this from Mr Woolley.
Court. So you entered so much of the Bundle as from A to K?
Q. At what Time?
Rouse. I cannot say at what Time; as soon as I was out of Business, I took this Book to do.
Council. Are all Warrants from A to K in that Book?
Rouse. Yes, and the rest in the other Book. I have examined every one of these Warrants, and I found it there last Week.
Council. Can you be certain, that particular Warrant of Mr Derisley's was there?
Rouse. I found it in the Bundle, and entered it into the Book; I cast up all from A to K, and Clark cast up his Part from L to Z; so we cast up the whole to make up Mr Pelling's Account.
Q. How much does your Part amount to?
Rouse. From A to K, 69 Warrants they come to 1463 l. 10 s. 9 d.
Council. Are all the rest of the Warrants truly entered?
Rouse. Yes, Sir, I have examined them myself with these Warrants.
Q. Do you know upon what Day you made these Entries?
Rouse. I cannot tell.
Council. Can you recollect how long this Warrant lay in your Office?
Rouse. Sir, I cannot tell.
Council. How many People have Access to your Office?
Rouse. There were only four of us.
Council. I suppose you admit other Clerks in occasionally?
Rouse. I have seen Mr Heister and Pelling in the Office upon different Accounts.
Q. Have you any Memorandum what Day you received these Bundles?
Rouse. No, Sir.
Council. Then, according to Accounts, I have heard Examiners have been guilty of these Frauds.
Rouse. There have been those Things done.
Council If the Clerk gives in a Number of Warrants to the Deputy-Cashier as Vouchers, and when the Number is short, Who comes to makes it up? Is it that Clerk that gave it in to the Cashier?
Council. Supposing that Mr Pelling had delivered in a Bundle that did not contain so many as is marked on the Back-side, Whose Business is it to bring in the Receipt to make it?
Rouse. Mr Pelling's. Whosoever is the Person that
Council. If this Bundle had been deficient, would you have told Mr Pelling, Sir.
Rouse. Yes; Mr Heister was ill in the Country, and he wanted a Warrant of 30 l. I asked Mr Pelling what I should do for it; accordingly Mr Pelling gave me a Warrant of 30 l. which I entered in the Book; after that, I acquainted Mr Heister with it, and he gave me a 30 l. Warrant in the Room thereof, which I gave to Mr Pelling.
Q. Has the Prisoner desired you at any Time to do any thing to these Books?
Rouse. On the 14th Day of October, he and I were both attending upon the Committee, expecting to be called in, and finding the Committee was broke up, he speaks to me, says he, I want to drink a Glass of Wine with you; we went to the Nags-head in Leaden hall street; when I came there, he said, I have got a Thing to beg of you to do for me; then, says he, you must keep it a Secret: Upon which I asked what it was, he told me there was an Entry in the New Annuities, No 22, in Page 80, or odd, to alter from an 80, to an 8; I says, how can that be, when I am out of the Office to do any thing; he said he could help me to the doing of it, I told him I would do nothing at all, and the Reason why that I lost my Place of 50 l. a Year, was by doing what little I had done for him; he told me in Answer to that, in case that I did not do it, I must expect to hear of his Death.
Q. What followed after this?
Rouse. We parted directly, he said he would have me to consider of it, and he would see me again at the next Committee-Meeting. I for some Time had received of him 12 l. 10 s. for my Quarter, I gave him a Note for it when I received my Money, that he should stop it; upon our being taken up, he gave me my 12 l. 10 s. Receipt up, I got him to give me the Money before Quarter-day, and I gave him a Receipt for it, and he gave me up the Receipt afterwards without any Money.
Council. Did he tell you why he gave up the Receipt?
Rouse. He gave up the Receipt as a Gift, as I had done him Services, I suppose that was the Design. When the Committee met afterwards, he came to me again, and said, Mr Rouse, as it will be of no Service to you to keep the 12 l. 10 s. Receipt, I desire you will give me another Receipt.
Q. When was that?
Rouse . The Day after our meeting, I had anti-dated it to August, it was due at Michaelmas .
Q. When was your Meeting?
Rouse. Our Meeting was the 28th of October; when he found I would not do him that Service he wanted, the Thursday after the Court ended, he desired me to give it him back again, and said it would be paid in to the Company as so much Money.
Council. What Time was it you gave the other Receipt?
Rouse. The Thursday following.
Q. Who was by?
Rouse. No-body by, it was in the Office where we were attending the Committee.
Council. But at the first Time you told him you could not do him the important Piece of Service he wanted, was he taken up the 14th of October?
Rouse. We were only then suspended.
Council. After he had tempted you to do the thing you apprehended to be wrong, he still appeared at the South Sea House?
Rouse. Yes, Sir.
Council. At the Time he gave up the Receipt, I ask you, when you refused serving him, whether he asked for the Receipt?
Rouse . He desired me to consider of it.
Council. Are you discharged from the Company's Service?
Rouse. I have never been there, nor the Gentlemen never sent to me but upon these Affairs.
[The Warrant that Mr Rouse referred to, that the Prisoner desired him to alter, was not the Warrant he was indicted for forging or uttering.]
Fleetwood Clark . This Bundle of Mr Pelling's that I think was delivered into the Examiner's Office, and Part of the Entry made from A to K, and the other Part from L to Z, there is Part of the Entry by my own Hand, and the other Part was entered by Mr Rouse .
Q. What is the Amount of Mr Pelling's Parcel?
Clark. The Amount of the whole is thus: 155 Warrants, 2806 l. 12 s. 6 d.
Hassel I have examined these Entries in the Journal, Warrant by Warrant, and the Sums from A to K, 69 Warrants, 1463 l. 10 s. 9 d. from L to Z, 86 Warrants, 1343 l. 1 s. 9 d. the Total, 155 Warrants, 2806 l. 12 s. 6 d.
Q. to Fleetwood Clark. At what Time did you belong to the Examiners-Office?
Clark. About four Years, till I was suspended in December last.
Council. How long may Warrants lie in your Office?
Clark. Two or three Days, sometimes more, sometimes less.
Clark. They sometimes do come in, the Warrants are locked up in a Glass Case .
Council. Have any body Access to your Office?
Clark. Mr Heister has borrowed the Key upon some Occasions.
Q. For what Purpose has he borrowed the Key?
Clark. It may be to charge a Warrant, or to that Purpose.
Q. Did you ever see him do it? Have you seen him make use of it, and take out a Warrant?
Clark. I never saw him.
Council. I would ask you, Mr Clark, upon what you have said, if a Man had put a Warrant into his own Bundle, whether he might not, within the Compass of two Years, get it back again entirely?
Clark. Yes, Sir, and I believe he might have got it out during his Suspension, he was employed in examining the Warrants.
Council for the Defendant. So he had Liberty from the Committee to examine his own Warrants after he was under Suspension.
Council for the Crown. I want to know why it should be Matter of Wonder to you, when it should be in the Presence of other Clerks, the Man is charged with something of Fraud in his Office, why is it not natural for the Company to give him that Liberty to make up his Accounts?
Clark. Mr Pelling and Rouse both did look over the Warrants, there were People in the Office at the same time, and he has gone out with a Warrant into the Treasury to Mr Woolley.
Council. Was Mr Pelling so closely watched, that he could not have taken a particular Receipt or the whole Bundle?
Clark. He might have taken away the Bundle, if there had been twenty in the Office.
Council. Before this Suspension, these Receipts must have been in the Glass a Year or a Year and a Half.
Clark. They are put afterwards into little Cupboards.
Council. Has it been usual to have Keys to look into those? Who is the Person entrusted with this Key?
Clark. Four Men, called the Examiners of that Office.
Council. Suppose it be asked to lend that Key, has it been done?
Clark. I can't tell.
Council to Woolley. Do you understand any particular Person at this Time did watch over the Prisoner?
Woolley. There was always some Body there.
Council. That you cannot say, as you was not always there - Mr Woolley, I wou'd venture to ask, you are a Man of Candour, Do you think if a Person had a Mind to have got a Warrant away, he could not have done it?
Woolley. I believe he might.
Q. to Pelling . Prisoner, What do you say in your Defence?
Pelling. I have not, my Lord, the least Remembrance, either of Mr Derisley, the Gentleman to whom the Warrant was payable, or of the Warrant itself. What Evidence therefore of Innocence can your Lordship expect from me of a Fact I am thus totally ignorant of: of the Forgery of a Warrant which is not so much as proved to have been, because it never was, in my Custody. - I have had the Honour, my Lord, to serve the Trustees of the forseited Estates of the late Directors, and the present South Sea Company, for upwards of 25 Years; and in that Station I every Year paid many thousand Warrants; but other Gentlemen, my Lord, served in the same Station: By what Hands this Warrant was paid, or by what Hands it was altered, is a Question I cannot, and is in their Power only to say; but this, my Lord, I can with Truth say, that if the Care of the Gentlemen entrusted with my Warrants had been equal to my Innocence, neither your Lordship, or the Gentlemen of the Jury, had been troubled with this Trial.
Q. Where was he apprehended?
Rone . At Comb.
Q. Was that in his own House?
Rone. In my House, Sir, he appeared publickly; the Constable, after he had executed the Warrant, he left him while he went to Barnes and dined; he only said to me, Mr Rone, take care of Mr Pelling against I come; and I did not take any Charge of him, I left him, and the Constable did not return till three in the Afternoon.
Council. Then Mr Pelling might have went off?
Council for the Crown. Was there not one an Assistant to the Constable? Had no Body an Eye to him?
Rone. There was none.
Q. What Relation are you to the Prisoner?
Rone. I am his Son-in-law; he came down some Time, because he thought the Air would do him good.
Court. Nor you don't know where he is, nor why he is not here?
Rone. No, Sir.
Council. How long had he been at your House before he was taken? Did he abscond?
Council. Pray did you not give your Word to these People, that he should not go out of the House? Are you not Petty-Constable?
Rone. Yes. He said he should expect to see him forth coming.
Thomson. I have known the Prisoner six and thirty Years, and have been intimate with him, and always found him to be a Man of great Probity and Honour. I have had a Grandson of his under my Care, and I think him a Man of good Oeconomy.
Council. Did you ever concern him to be a Person that would be guilty of Forgery? Do you think he would be guilty of utte ring any thing, knowing it to be forged?
Thomson. I do not.
Harvey. Six Years.
Council. Do you think that he is capable of being guilty of Forgery?
Harvey. He has past Accounts of mine, and he has always behaved very well, and I have never found him wrong in any thing.
Council. Do you believe that he would be guilty of Forgery?
Harvey. I never heard any thing like it of him, by his general Character in the Neighbourhood. I live at Comb, and he has past several Accounts for me; and he has been a Tenant of mine.
Council for the King. I dare say there's no Person in the whole of your Acquaintance, that you think will be guilty of Forgery?
Rosomon Saunders. He has lived about five and twenty Years in our Neighbourhood, and bears a very just honest Character. I am left in Trust for some Part in the South-Sea, and he has always done very fair by me.
- Belcher . I have known him 30 Years, I always took him to be a very honest Gentleman, and he always bore the Character of such a one.
Q. Have you had any Dealings with him?
Belcher . The Gentleman had the greatest Part of a House of mine in Broad street, and the Reason of his leaving me was because the House smoaked; he took the House of me four Years ago last Michaelmas .
The Jury went out for near an Hour, then brought in their Verdict not guilty .
After the Jury brought in their Verdict, that Mr Pelling was not guilty, the Court was moved for Leave to charge him with an Action of Debt, which the Court granted; and he was charged in Custody of the Keeper of the Poultry Compter , by Consent of the Agent of the South-Sea Company , in an Action of 1900 l.
Q. What Business are you?
Midwinter. I am a Founder ; a Boy came to me and asked me if I had lost some Brass, I told him I had lost my Maid, she had been out all Night; I went down to the Gate-house, and she owned she had robbed me of the Brass, she offered it to Sale to Mr Walker ; I asked her how she came to do it, she told me the Devil was in her.
Q. How long had she been your Servant?
Midwinter. Above three Quarters of a Year.
- Walker . The Prisoner at the Bar came on Saturday Se'nnight, between six and seven o'Clock in the Evening, the Prisoner brought this Brass, she had it in her Apron, I had a Suspicion it was stole, I sent two Men with her to the Place where she said she lived; she carried the Men about a good while, at last she said she had lost herself, but they brought her back again, and she was carried before Justice Burdus , there she confessed she had robbed her Master , she would not tell who her Master was, but there was a Person that knew her, that said she was Mr Midwinter's Servant.
Guilty 10 d.
Thomas Howel . I employed the Prisoner as a Washerwoman , and to scour my Pewter; I live at the Red-hart in Fetter lane ; on Saturday was Fortnight she was at my House at scouring, I think it was the 3d of this Month, and in the Afternoon the Plate was sent out of Holbourn by a Pewterer to ask if it was my Plate: one of the Pewter Plates that she took was not mine, it was a new Plate that was sent to my House with some Brawn.
Q. Did you lose any thing else?
Howel . That Day Week when she came to scour again, and I asked her how she could serve me so, to go to sell my Plate, she made me Answer, It was not wronging of me, it was not my Plate; I said it was wronging of me, as it was in my Possession; I
Q. What have you lost?
Howel . I have lost a great many Things of Shifts and Shirts, and my Shelf stripped of all my Pewter; I went up into Holbourn among her Acquaintance where she had worked, there I found she had sold a Shirt, Neckcloth, and Napkin, and a Couple of Plates, a diaper Napkin and Table cloth; the Napkin and Table-cloth I found at Mr Gibbons in Little Turn stile, at a Pawnbroker's.
Q. Where did you find your Plates?
Howel . The Plates I found at Mr Singleton's .
Thomas Gibbons . I am a Pawnbroker, there was a Table-cloth and a Napkin Mr Howel had out which she brought, I lent her two Shillings upon them, she lived in the Neighbourhood, and has done many Years; any thing she brought that was not likely to be her own, she said she came from other People.
Q. Are you sure that was the Neckcloth?
Townsend . Yes, Sir, I delivered it to Mr Howel.
Q. Did you buy it?
Townsend . I gave her for it one and twenty Pence, a Pint of Beer, and a Quartern of Gin, and a Bit of Victuals I gave her when she sat drinking of it; after that she told me she had some Shirts in pawn, that she wanted to sell them; I had lately bought my Husband Linnen, and I did not want, and I said I did not care to buy them; about seven or eight Weeks ago she came to me and said, if I would not fetch them, that such a Woman in the Neighbourhood would take them, I took Money in my Pocket, and went to Mr Gibbons , Pawnbroker, and she asked for a Shirt in her Name, and I paid 5 s. 6 d. for it; when I came Home, I looked at the Things, I said did it belong to the same Person, she said it belonged to the same Person that the Cravat belonged to, she said it was her Husband's Brother's; upon that I examined it, and she had seven Shillings for the Shirt, and it cost me one Shilling the altering, my Husband did not care to wear it, and he never had it on his Back but two Days.
Court to the Prisoner. What have you to say in your Defence?
Prisoner. I have nothing to say, they have said more than they can answer; I can say no more, God forgive them. Guilty .
Q. What was taken out of your Chair?
Atkinson . Five Curtains, three Camblet, and two Calamancoe.
Q. Do you know who took them ?
Atkinson . I do not know who took them out of the Chair, they were found in this Man's Custody.
Q. Did you see them in this Man's Custody?
Atkinson. I did not, but he owned it before the Justice.
Q. What did he own?
Atkinson. He said he took them out of the Chair, in order to secure them for me.
Q. When did you find them again?
Atkinson. That same Night.
Q. to the Prisoner. Have you any thing to say to this Witness?
Prisoner. I have been a Chair-Man seventeen Years myself, I had them under my Arms with a View to bring them to him the next Morning, because one of the Chair-Men was drunk.
Lynch. I have this to say, that my Chair was stripped at the same Time.
Lynch. I found him in Bed; I found these nine Curtains upon him.
Q. What did your Chair stand in the same Place?
Lynch. Yes, my Lord.
Q. How came you to suspect the Prisoner?
Lynch. I went to drink part of a Pot of Beer, and he stood there at the same Time; and a Shoeblack told me, there was no Body there but him. I went after him, and I found him a Bed with the nine Curtains between his Coat and Waistcoat.
Guilty 10 d.
Forsar . In our Yard, which is a large Yard; she took them off the Line. I saw her take the Shirt off myself; I had not Patience to see her take any more; we had a Matter of twenty Pounds worth of Linen in the Yard; it was between seven and eight o'Clock; I saw her take the Shirt off. I cannot say what I called her; she run behind the Coach house, and laid herself down to hide herself from me.
Q. Did you find any thing upon her?
Forsar. Three Caps and an Handkerchief I found upon her; she was down upon her Knees, begging Pardon, and dropped them before my Wife.
Court. Then she never took them away?
Forsar. We would not let her.
Q. Did you know the Woman before?
Forsar. Yes, she behaved in a very bad Manner; she goes about mumping and thieving, and one thing or another.
Q. What was the Value of all these things?
Forsar. Seven Shillings in a reasonable Way.
Forsar. I went out about six Yards from our Gate, and my Father and Mother were dragging of her along, she could not go above three or four Yards; one Time she fell down; she made an Excuse to undoe her Petticoat, then she dropped the three Caps and one Handkerchief from under her Petticoat; she pretended to be drunk.
Court to the Prisoner. What have you to say for yourself?
Guilty 10 d.
Riley. I can only say with Regard to my Property.
Q. When did you lose the Cushion?
Riley. On a Sunday Night. I cannot tell exactly the Time, 'tis about three Weeks ago, of a Sunday Night; and the Watchman found it upon the Tuesday Morning upon him.
Q. Where was this Chair when you lost the Cushion out of it?
Riley. In Hatton Garden.
Q. What is it stuffed with?
Riley. Rabbets Hair and Wool.
Q. Who did the Cushion belong too?
Riley. Walter Kelley We take out Chairs by the Year.
Q. Do you know who stole it?
Riley . We saw it with the Beadle of St Andrew's Parish in Shoe lane.
Q. Was the Prisoner there?
Riley . No, my Lord.
Gilling . There was a Man asleep fuddled , the 9th of December, on Monday Morning, between three and four o'Clock, and my Brother came over to me to come to his Assistance; he said there was a Man drunk, and I wanted to get him up; the Man had lost his Hat; I saw this Boy come along with the Cushion, and he went to the drunken Man, and took the Handkerchief that was by him, so I took the Cushion away along with the Handkerchief.
Q. Where was the Handkerchief?
Gilling. It was underneath the Cushion.
Q. What did you do with the Boy, when you took the Cushion from him?
Gilling. I carried him to the Watch house afterwards, and he was sent to the Compter.
Court to the Prisoner. What have you to say for yourself? He says he took the Cushion from you.
Prisoner. My Lord, he did.
William Stanton . The Man has before related to you the Handkerchief; Nicholas Gilling stopped this Man, and brought him to the Watch-house to me, so he was committed to the Compter; the next Morning, his Mother would have evaded the Affair; that he was going to carry Home the Cushion to a Chair-man, at the other End of the Town, whose Name is Florence. I went to him, and he said there was a Woman came to him, and would have had him to have owned the Cushion that was taken away; upon this I desired Florence to give Notice of it among the Chair-men, that I might find out who it belonged to, so on Tuesday Morning they came to my House.
Court to the Prisoner. How came you by this Cushion?
Prisoner. I found it in Holbourn.
John Cartwright ; having got the Search-Warrant, and come to the Place, we found the Prisoner there, and actually found the Mob on the Prisoner's Head. [This Cartwright had left his Wife, and had a Child by the Prisoner, Mary Brown ] and upon the Table there was my Niece's Apron.
Q. to the Prisoner. What have you to say by Way of Defence?
Prisoner. I am not guilty, my Mistress and I had a Difference, and she beat me; when I came away, I would have had my Mistress to search my Things, and I believe they were put into my Bundle in order to ground a Prosecution against me.
Cartwright . She lived in two Places with my particular Acquaintance, and she had a good Character.
Q. What is your Business?
Cartwright . I belong to the Custom-House.
Q. How can you live at Enfield, and have a Place in the Custom-House?
Cartwright. I do; at the Time that this Woman, Mrs Gill, came down to my House, she laid claim to her Apron and Mob, and most of the Things in my House.
110. Ann Fell was indicted for stealing two Brass Cocks, nineteen Candles, value 6 d. one Linen Sheet, one Canvas Bag, value 1 s. two China Cups and Saucers , &c. the Goods of Francis Holmes , February the 12th .
Holmes . Yes, my Lord.
Q. What have you lost, and when?
Holmes. We have lost several Candles, which she acknowledges, two Brass Cocks, two Heaters, one Pair of Sheets, and one China Saucer.
Q. Where did you hear her confess the taking of these Goods?
Holmes. At my own House, and before the Justice.
Holmes. We had some Reason to suspect my Servant not to be good, from the Things I missed in the Wash, which I knew could go by no other Hand; I said to her, Nanny , you have been very wicked, I must search my Neighbours Houses, and I shall search your Acquaintance first, and consider what Trouble you will bring this Woman in as well as yourself; she down'd upon her Knees, and wished her Hands might never be clenched, if she knew any thing of it; when she saw I had my Cloak on that I would go, she said to me, Madam, Forgive me, forgive me; she owned the taking of the Candles, she confessed the taking of nothing but the Candles; as to the Brass Cocks and Iron Heaters, and China Saucer, they were found in the Box, which she sent for to a Neighbour's; she confessed the Candles to be mine.
Sarah Hall. I was at Mrs Holmes's, she sent to me, and said she had a Warrant to search a Neighbour's House; she said, Nanny , you will bring the Woman into Trouble as well as yourself; then she down'd upon her Knees, and said the Candles were her Mistress's.
Q. When the Box was opened, did Mrs Holmes own the Things that were in her Box?
Hall. Mrs Holmes owned the Cock and Heaters.
The Jury found the Prisoner guilty, value 10 d. But as the Prisoner was exceeding ill, and they thought she had severely suffered already, she was ordered for Correction , and her Master and his Friends took her away to be taken Care of.
When they were brought before the Justice, the Woman complained that they had ravished her, but she would consent that the Justice should take Bail, and she was satisfied with the Bail; upon which the Men appeared in Court to take their Trials, and were arraigned, and the Witness called, but none appearing, the Prisoners were acquitted .
114. David Jerry was indicted for stealing four Handkerchiefs, one of Muslin, and three of Linen, one Silver Ring washed with Gold, the Goods of Mary Robinson , and one Silk Knot, one Pair of Mittings, &c. the Goods of Susannah Needham .
John Bosell . About seven o'Clock at Night last Monday was Se'nnight, one Mr Bushy came with this Man, the Prisoner, and asked me if I had any Vessels going to the Nore , I said none to Night, but should To-morrow; says Mr Bushy , can this Man lie here to Night; I said to serve him he should. This Man was to go down in a pressed Man's Room for so much Money; so I ordered my Wife or Servants to make a Bed in a proper Place for him, and I believe,
Q. What did you lose?
Needham . I lost a Pair of Cotton Mittings, and a Silver Topknot, and a Silk one.
Q. Where did you put these Knots?
Needham . They were in the Chest of Drawers in a brown Silk Bag.
Q. Was the Drawers locked?
Needham . No, Sir.
Q. How do you know the Prisoner took them?
Needham . Because there was no Soul went into the Room till the Time the Maid went up to make the Bed.
Q. Have you found any thing of them since?
Needham . Yes, we found one Garter of the Maid's upon his Legs; my two Knots and my Mittings I saw over Night.
Court. Then none of your Things have been found?
Needham . No, Sir.
Robinson . Four Handkerchiefs, and a white Muslin Apron.
Q. What was your Handkerchiefs?
Robinson. One Muslin and three Linnen ones.
Q. What else?
Robinson . A Ring, a Silver Ring washed over with Gold.
Q. What else?
Robinson . Nothing else but a Garter, he took one and left one.
Q. What was the Garter, was there a Poesy upon it?
Robinson. Yes, Sir.
Q. Where were all these Things?
Robinson. In my Box .
Q. When did you see these Things?
Robinson. That Night we went up to make the Bed.
Q. Have you found them since?
Robinson. Only my Garter.
Q. Where was he when you found the Garter upon him?
Robinson . He was at Mr Smith's House.
The Prosecutor said he found a Pistol upon the Prisoner, but the Prisoner said, as he was coming to Town, he was set upon by some Rustians, and he knocked the Pistol out of one of their Hands. As there was nothing found upon the Prisoner but the Garter, he was acquitted .
115 + Joseph Carter was indicted for feloniously breaking and entering the House of John Cleaverley , and stealing from thence four Shirts, two Tea spoons , ten Silver Spoons, two Girdle buckles made of Silver, one Gold Ring, one Silver Watch, twenty-seven Silver Buttons, and three Pounds in Money , the Property of John Cleaverley , December 16 .
Cleaverley. It was between the 16th and 17th of December.
Q. What was done that you know of?
Cleaverley. I do not know any thing, but I got a Search Warrant. I lost all the Goods mentioned in the Indictment.
Q. When did you see your Goods?
Cleaverley . I saw them every Day almost.
Q. Can you mention the Goods you have lost? Did you lose any Shirts?
Cleaverley. Four Shirts. I lost two Tea-spoons.
Q. Any other Spoons?
Cleaverley. Yes, my Lord, above ten Silver Spoons, two Girdle-Buckles made of Silver, a Gold Ring and a Silver Watch, one Silver handled Fork, about twenty-seven Silver Buttons; and about 3 l. in Money.
Court. You got a Warrant to search, Did you search?
Cleaverley. Yes, Sir.
Q. Did you find your Goods?
Cleaverley. I found but this Bag and two Shirts.
Q. Where did you find them?
Cleaverley . At the Prisoner's Room. I was there when they were found.
Q. Have you heard the Prisoner say any thing about them?
Cleaverley . No.
Q. Was not your House broke open?
Cleaverley. No, my Lord, I suppose he did slip into the House?
Court to the Prisoner. Will you ask this Witness any Questions?
Prisoner. Please to ask Mr Cleaverley how I behaved when I lived with him.
Cleaverley . He lived with me about fifteen Months, but he did not live with me then. When he was in my Service, he behaved very well.
Q. What Fact?
Marymack . That he had taken these Goods.
Q. Did he say any thing else?
Marymack. He came with an Intent to rob the House; he said he held up both his Hands and said, Good God! how can I do such a Thing? There was nothing forced back, Door nor Shutter; I asked him how it was he got in at the Door, he told me he was backward in the Yard when the Man went to draw some Beer, and he slipped in and went up into the Chamber where no-body lay; I said afterwards to him, I suppose you have sold these Things, or pawned them; he said, no, they should be produced in Court. He has desired I should say what I could of him; he is an active young Man, he is no Swearer nor Drunkard; I don't know that I ever heard him swear an Oath, nor I never heard any thing amiss of him. Guilty of the Felony 39 s.
On the Account of the extraordinary Character the Prisoner bore, the Court only ordered him to be branded in the Hand .
Q. What Shop does she keep?
Barnes . A Hosier's Shop; the Prisoner came into the Shop with another Woman along with her, they asked for a Pair of Worsted Stockings with long Clocks.
Q. Did you show any Stockings?
Barnes . I pulled out several Papers, but could not find any that would do.
Q. What Time of the Day was this?
Barnes . Between one and two the 24th of December; when Mrs Taylor came, she pulled down several Papers, but there were none that she wanted; her Accomplice, she pitched upon a Couple of Pair, she said she would have a Couple of Pair if Mrs Taylor and she could agree; the Prisoner at the Bar I took particular Notice of her, she took up first one Pair, then another; I did not mind her Accomplice cheapening Stockings, but I see her double two Pair up, and put them under her right Arm, she had a Cloak on.
Q. Did she agree for any Price for them?
Barnes . She did not ask any Price at all, I said nothing to her; after she had got them, she came close to the other Woman, Well, says she, if the Gentlewoman cannot take your Money, we must have them elsewhere; we must have two Pair of Stockings and a Silk Handkerchief to carry on board a Ship to Night; upon which the other Woman took no Notice of what she said, but stood talking with Mrs Taylor, I let her go I believe an hundred Yards, I kept within a Yard of her, I says, I believe you have got something that is not your own, you have got two Pair of Stockings; says the Prisoner at the Bar, then take them, I took one Pair.
Q. Did you know that to be Mrs Taylor's Property?
Barnes. I believe them to be Mrs Taylor's Property. I brought her back to the Door, and she dropped the other there.
Q. Had you taken that one Pair before the other Woman came up to you?
Barnes . Yes, Sir.
Court to the Prisoner. What have you to say?
The Prisoner in her Defence said the other Woman that was with her in the Shop cheapening Stockings, came up to her in the Street, and she asked her whether she had got them, and she told her, yes, with that Barnes, the Evidence, took them out of her Hand.
Jay. I never saw her in my Life before she had my Irons.
Q. Where do you live?
Jay . At London-Wall .
Q. What was it she took from you?
Jay . A Pair of Irons the 13th of this Month.
Q. What Time?
Jay . Between five and six o'Clock; I did not see her take them, but here is one that did; she had them under her Apron.
Q. How came you to find them upon the Prisoner?
Jay . Because Mr Cooper saw her go out, and he told me there was a strange Woman gone out of the House with a Pair of Dog-Irons, I went after her and found she had them .
John Cooper . What have you to say against the Prisoner at the Bar?
Cooper. I lodge at Mr Jay's, I was going up to my Lodgings, and I met this Woman in the Entry with the Irons in her Hands.
Q. When did you meet her?
Cooper . Last Tuesday the 13th of this Month, she walked apace in the Entry, and went out of the Door.
Q. How far was she off the House when she was taken?
Cooper. About thirty or forty Yards.
Q. Was Mrs Jay with you?
Cooper. She came up when I had stopped her.
The Prisoner said in her Defence, that they were given to her at the Corner of the Entry by another Person.
Q. Where did you find the Coat?
Seuter . The Coat was taken upon his Back.
Q. Did you see it?
Seuter. No, my Lord, I was down in the Country, threescore Miles off.
Q. Do you know any thing against the Prisoner yourself?
Seuter. No, my Lord, I never saw him in my Life.
Peen. James Seuter , the Owner of this Coat, left this Coat at my House the last Day of the last Month; I live at the Sign of the George at Ilford, it was wrapped up in a clean Table cloth, I saw it given to the Waggoner that it might be left safe ; afterwards I saw the Prisoner get into the Waggon.
Q. Are you sure the Coat was delivered?
Peen . I am sure it was; I gave him a special Charge of it, because it was a new one, and the Waggoner throwed the Tilt on and went off; the Waggon went off the First Day of this Month at Night, about Six o'Clock, from my House. On the Fifth, the Waggoner came to me, to desire to know if I could swear to the Coat; I said I was sure I could, because I delivered it.
Q. Where did you find the Prisoner?
Peen. In the Country. I says to the Prisoner, Don't you remember being at the George at Ilford such a Night? Do you know me? he said no: Don't you remember I went to the Waggoner and desire him to be careful of this Coat? and he said he did: I said he was sadly to blame he did not pull off the Coat.
Q. Whose Coat was it?
Peen. James Seuter's .
Q. What do you know of the Watch?
Peen . I know nothing of the Watch; when it was asked what was o'Clock, he pulled out a Watch seeing the Fellow very indifferently dressed, we wondered to see such a Fellow pull out a Watch.
Q. to Seuter. Look at that Coat.
Seuter. My Lord, 'tis my Coat; I left it at the George at Ilford the last Day of December.
Q. Who keeps that House?
Q. How came you by your Coat again?
Start. My Lord, I was Constable. I was by when the Watch was taken out of the Prisoner's Pocket, and delivered into my Hands.
Q. What Watch was it?
Start. A Silver Watch.
Q. Do you know whose Watch it is?
Start. It belongs to one Brown a Quaker.
Q. How do you know that?
Start. He will be here presently to prove it.
Q. Did the Prisoner say any thing of it?
Start He asked the Carrier's Servant if he could swear to that Watch; he said he would go to a Watchmaker that could swear to the Owner of the Watch, and the Maker's Name; Mr Brown's Servant came and owned the Watch, it was what was sent down to a Country Chap.
119. Charles Gerey was indicted for throwing Dorothy Grisdell against a wooden Petition, and giving her on the Stomach and Side, several mortal Bruises ; of which Bruises she languished till she died , the 17th of November .
The whole of this Affair appeared to be a drunken Quarrel between the deceased's Husband and the Prisoner, who keeps a Publick-house : as the Prisoner was fighting with her Husband, she interfered, and got herself thrown against the Wainscott, which
As the Prosecutor did not appear, the Prisoner was acquitted.
Burding. Please ye, my Lord, I was abroad at Work: I am Beadle of the Worshipful Company of Cooks.
Q. What Do you know of the Fact?
Q. Where does your daughter live?
Burding. She lives with me, and takes Care of the Beadle's Apartment in the Hall; she sent my Daughter out to see a poor Woman in her Coffin, and then took the Silver off from my Staff: she confessed before the Alderman, that she did take this off the Staff, and pawn it, this Piece of Silver with the Cook's Arms. Q. Who did the Staff belong too?
Q. What did she do with it?
Burding . She pawned it, she could not be easy till she let me know where it was.
Q. When did she make this Confession to you?
Burding . We took her on Saturday, and then she confessed it; and on Sunday we went to demand it.
Q. Was there any Promises made to her to induce her to confess it?
Burding No, my Daughter told her if she did, not confess it, her Father would be turned out of the Place; then she confessed it
Q. Where did she pawn it?
Burding. To one Mr Broadstreet in Blue Anchor-Alley, in Whitecross Street.
Q. Did you find it there?
Burding . Yes, my Lord.
Q. What was it pawned for?
Burding . Nine Shillings , Sir.
Q. Did you pay any thing for it to the Pawnbroker ?
Burding . No, they delivered it to me without any Money.
Burding. He confessed that she went for his Sister and she said it was her Brother's Badge; she was with him; he said himself that she was his Sister-in-law, and that it was his Brother's Ticket.
Q. What Time of the Day was she at your House?
Burding. In the Afternoon; she pawned it, Sir .
Burding. Yes, but I was not there .
Q. to Dudley Broadstreet. Where do you live?
Broadstreet . In Blue Anchor-Alley, White-cross-street .
Q. What Business do you follow ?
Broadstreet. I live upon my Fortune, I lend Money too.
Court. You lend Money upon Pawns?
Broadstreet. The third or fourth of this Month Pulling and that Woman comes in at six o'Clock Night into my House on Sunday Night.
Court. You do not follow your Business on Sunday?
Broadstreet . I will tell you how it was, Pulling was a Tenant of mine, and I could not see him on a Sunday; Sir, said he, I am poor, and you are very severe; says he, it is my Brother's Badge, and he said this Woman was his Sister-in-Law, which I find since is not; he told me for five Pounds it could not be left any Time, but it must be released in two or three Days following; they did not come, and began to be uneasy how he came by it. On the Sunday following three Persons at Night came to enquire for this Pulling , I told them I believed that he was not at Home, but I desired to know their Business ; I was very inquisitive to know their Business; I can tell you this, if it is a Piece of Plate, I have such a thing in my Custody for 9 s. they said, Sir, that is the very thing we want, it belongs to a Man that is will lose his Place if he has it not; I said there
Q. to Greville Jepsey . What are you?
Jepsey . I am a Silver-smith, I saw the Woman, the Prisoner, last Saturday was Fortnight, that was the first Time, I saw her, and that was in the Prosecutor's Room; on the Wednesday following I heard that she h ad stolen this Plate from the Cooks Company, she confessed to me that she stole this Plate belonging to the Cooks Company.
Q. Did you hear the Man say any thing?
Morgan. I heard him say he pawned it for her, that he carried it to Mr Broadstreet to pawn.
Q. Do you know the Arms of the Cooks Company?
What made well for the Prisoners was, there was none in Court could take upon them to swear what were the Cooks Arms.
Prosser. I employed the Prisoner about six Weeks ago to work for me; one Week he staid away, and he told me he had been lame, and on Tuesday Morning when he came to work, I asked him the Reason of it, and he told me he was lame, and on Friday I told him he was a Thief, and he should work for me no longer.
Q. What Trade are you?
Prosser. A Brewer, a Firkin-Man ; I told him if he could clear up his Character, I would employ him again. On the 8th of January I found the Cask at the Bull-head in Smithfield; we lost a full Cask off the Dray the same Day; he desired it might be made up, for it cost him 32 s. the last Time when he was in Bridewell .
Prisoner. Master, Master, do not take my Life away, do not be roguish.
Hudson. This Firkin I found in Smith-field, my Master served them with Small beer .
Q. What is the Prisoner?
Hudson. He sells Small beer, his Wife sells it out again, and he had a Cask of my Master's that holds eighteen Gallons, and he lent me this in the Place of it.
Prisoner. I will not believe him, I lent him none.
Q. Did you see the Firkin at the Bull-head ?
Hudson . Yes, my Lord, it is there now with Prosser's Drayman.
Q. After you had this Firkin, what did you do with it?
Hudson. He lent it me for my Master's Use.
Prisoner. Ask that Man whether I lent him the Cask.
Hudson. My Lord, I cannot tell whether it was his Wife or him, for they were both at Home, I might not mind it.
Prisoner. Yes, my Lord, he must mind it, for he was in the Room.
Court to the Prisoner. What have you to say for yourself?
Prisoner. Please you, my Lord, if you will please to hear me, Gentlemen, I will tell you the Truth, and nothing but the Truth; we were coming Home from Temple Bar, and we picked up this Cask coming along at Charing-Cross ; we were laying down six Buts of Beer, and between Charing-Cross and Temple-Bar I picked this Firkin up, I throwed it upon the Dray and carried it Home for a whole Week, and could not make any thing of it, and this Man went into the House; I was not in the House when he took the Cask away. I told my Wife not to let the Cask go, for I would find it out.
Q. Have you any Witnesses?
Prisoner. My Lord, I have got a Woman here somewhere .
Q. to Selhy . What do you know of the Prisoner, Grimes .
Selhy . I know no Harm by him.
Q Where do you live?
Selhy . At Islington .
Q What Character has he?
Selhy. I never heard but he was a good honest Man.
Thomas Witcher was indicted for stealing a Goose, value 2 s. 6 d. the Goods of James Jennings .
Jennings . A Poulterer .
Q. Where do you live?
Jennings . In Gracechurch-street.
Q. Do you know the Prisoner at the Bar.
Jennings . Yes, Sir.
Q. What have you to alledge against him?
Jennings . I did not see him steal the Goods. I lost a Goose on Christmas-Eve.
Q. Was it a live one, or dead one?
Jennings . A dead one.
Q. What Time was it?
Jennings . About Eleven o'Clock at Night.
Q. to Sweedland . Do you know the Prisoner at the Bar?
Q. What have you to lay to his Charge?
Sweedland . On Christmas-Eve, about Eleven o'Clock, I saw him take the Goose, the Property of my Master I followed him, and I took the Goose; he said, Here take the Goose, I said that would not do; I called my Master, and he sent him to the Watch-house.
Q. Had he any Instrument that he took it with?
Sweedland . He took it with his Hands, and was got about two Doors before I took it from him.
Q Had he the Goose in his Hand, or did he fling it down?
Sweedland . He had it in his Hand; he said take it; but I said that would not do; and my Master immediately came.
Q to the Prisoner. What have you to say for yourself?
Prisoner. My Lord, I was going Home late at Night, and there was three Geese laid upon the Board; their Heads laid over the Board; I was very fuddled, and the Goose tumbled down; and I took up the Goose, and the young Man came up to me, and he followed me two or three Doors, busseting me with the Goose; his Master came out, and said what was the Matter; he said this Man had stole a Goose.
Witcher . He is my Brother; he is about two and fifty.
Q. What is his Business?
Witcher . He is a Carpenter; he is a hard-working Man, but he is apt to drink too much. Mr Jennings I was with this Day se'nnight, he said to me, I will be very favourable; he said before the Alderman he gave him ill Names, or else there would have been little of it. There was a couple of Carpenters, his Masters, I went to them, but one of them was very ill, and could not come.
Q. How do you know that?
Presgrove. I missed the Saw, when I came Home; I enquired of my Wife, when I came Home; the Man that was at work there, he said that Williams had been there, and he had a Suspicion he had taken it away; so I went to William's House, and I saw the Saw, and I said it was mine; he afterwards pawned it in Chiswell-street.
Q. Have you any thing further to say? Did you carry him before a Justice of the Peace?
Presgrove. He made an Excuse that I lent him the Saw before the Justice, but he afterwards denied it; he used me very ill; when I went to take the Saw away, he would have stabbed me.
Court to Presgrove. He says that you lent him the Saw?
Presgrove. That was a Fortnight before that he worked for me.
Urwin . I never saw the Man in my life, it was his Wife brought the Saw.
Court to the Prisoner. What have you to say for yourself?
Williams. Sir, he lent me the Saw and the Stuff at the same Time, it was to make Boards for a Hot-presser ; that Saw was pawned for two Shillings; I got my own Saw out that was pawned for one Shilling. When he came up and saw me at work for a Customer, then he said I had stolen the Saw.
Abraham Holding . My Lord, some Months ago I happened to meet the Prosecutor, I asked him if he could recommend me to some honest Journeyman Carpenter, the Prosecutor recommended to me the Prisoner at the Bar; I employed him about three Months making up Clothes Presses, the Fellow always behaved very honestly; I believe I had some hundred Pounds Worth of Work done in my House afterwards. I was to make a considerable Alteration in my Estate.
Holding. Yes, and during the Time they worked for me, the Prosecutor found the Prisoner Tools: When I huffed the Prosecutor for being so long about it, I said, if you do not go on better, I must contract with somebody else; with that he went about his Business, and when I spoke to Williams, the Prisoner, he said I cannot work if he does not find me Tools, and I believe he did frequently lend him Tools; and if he did take it out of the Shop, it was common.
Q. to Quincey . What have you to say about this?
Quincey. This Fellow, the Prisoner, has worked for me four or five Years at a Time; he sent me a Letter, that a Fellow had swore a Saw against him. I think he is a very honest Fellow, I know nothing of the Fact.
Smith. The Hen is mine, my Lord, I found it upon him by Oxford Chapel.
Q. How came you to miss your Hen?
Smith. I was at Dinner, and a Gentleman pursued him, and called me down Stairs, said, Mr Smith, is this your Fowl?
Q. What did the Prisoner say when you catched him?
Smith. My Lord, he said that was the first Fact.
Q. to Mr - . What have you to say about this Hen of Smith's ?
Mr - . On the 23d of December , about three o'Clock, we were setting by our Kitchen-Fire; there is an Area before the Door, where I saw the Prisoner by the Kitchen-Window, in an odd Sort of a Posture; he stood in that Manner two or three Minutes; at Length I heard the Fowls cry out, there were several Fowls lost out of the Yard; and this honest instrustrious Man keeps Fowls partly for the Support of his Family, to sell new layed Eggs. I saw the Prisoner run with the Fowl down by Oxford Chapel : I ran after him; I pursued him four Streets through Tyburn Road; I takes him by the Shoulder, and found the Hen under his Arm; I asked how he came by that Hen, he told me he picked it up in the Street; I called to John Smith , and asked him if it was his Fowl, he told me it was; I told him that this was the Prisoner, and this was the Fowl, and he might do what he pleased with him.
Q. What did the Prisoner say?
Mr - When I took him, he said he found the Hen in the Street; he took it from a Dog in the Street.
Court to the Prisoner. What have you to say for yourself?
Prisoner. I was going along by Oxford Chapel. I throwed a Stone at a Dog, or a Bone, I can't tell which, and the Dog let go the Hen, and I took it out of his Mouth; then the Gentleman came to me. and asked about the Fowl: I told him it was not mine.
George Sterrop . I have known the Prisoner above twelve Years, my Lord, I keep a Toy-shop in St Paul's Church yard, and the Prisoner is a Fish-Case-maker; I never heard any Harm of him; I have known him for Twelve Years last past; I have frequently things of great Value on my Compter , and never missed any thing in my Life, upon his going out of the Shop.
127, 128. Isabella Notson , otherwise Gibbons , and Mary Wilkinson , were indicted for stealing one Feather-Bed, value 30 s. one Bolster, value, 5 s. four Blankets, value 16 s. one Pair of Sheets, value 5 s. one Rug, value 2 s. one Stove-grats, value 5 s. a Poker, value 6 d. one Cup-board, value 5 s. one Brass Candlestick, value 3 d. &c. the Goods of John Hartley , in the Parish of Margaret's Westminster , the 18th Day of November .
The first Witness, John Hartley the Prosecutor, he declares, that after his Goods were taken away, the first Discovery that was made, was by Isabella Notson , who, it seems, was beat and abused by her Accomplices, so she could not be easy till she had made the Discovery; so by her Direction they went and found them at the Bell in Whitechapel, sitting in a little dark Room with a Man with them; they were taken from thence before the Justice, there they confessed they had sold the Goods over the Water for two Guineas, and they lived together upon it as long as the Money lasted.
Guilty 39 s.
The Trials being ended, the Court proceeded to give Judgment as follows :
Received Sentence of Death, 2.
Burnt in the Hand, 1.
Transported for 7 Years, 17.
John Green 76
Isabella Notson , otherwise Gibbons
To be whipped, 5.