AT JUSTICE-HALL in the Old-Baily, on WEDNESDAY February 25, THURSDAY 26, and FRIDAY 27.
In the 20th Year of His MAJESTY'S Reign.
BEING THE Third 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 BEXN , Esq; Lord Mayor of the City of London, The Honourable Mr Justice WRIGHT, The Honourable Mr Justice BURNET, The Honourable Mr Justice BIRCH, JOHN STRACEY , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.
128. + Hannah Perfect was indicted, and the Indictment sets forth, that on the 27th of January , being big with a certain Male Child, in the Parish of Holy Trinity ; and she not having the Fear of God before her Eyes, and being moved by the Instigation of the Devil, on the said Male Bastard Child, did feloniously and wilfully make an Assault, and in a certain quilted Petticoat did, with both her Hands, wrap or hide, then and there feloniously, wilfully did suffocate and strangle .
Millet. I don't know the Child was born alive.
Court. Give an Account of what you know in Relation to this Child; What Employment do you follow?
Millet. I am Servant in the same House where the Prisoner lived.
Q. What was the Prisoner in that House?
Millet. She was Kitchen Girl , Sir.
Q. Do you know any thing of her being with Child?
Millet. Nothing at all, Sir; we did not know that she was with Child.
Q. What is it you know in Relation to this Matter?
Millet. I don't know any thing relating to the Murder.
Q. Did you know at any Time, or when she was with Child?
Millet. No, Sir.
Q. What is it you know of a Child being wrapped up in a Petticoat?
Millet. I know I went up Stairs a little before Nine; I don't know the Day of the Month, it was of a Tuesday.
Q. How long ago was it? In what Month Mrs Millet?
Millet. It was about a Month ago last Tuesday, I went up Stairs in the Room where she lay.
Q. Had she been ill before that, or kept her Bed?
Millet. No, when I went up to her, I asked her what was the Matter, and she said nothing at all to me; and I was very much surprized and came down Stairs, and went and fetched the Midwife.
Q. Did you perceive any thing that made you to think a Midwife was necessary?
Millet. Yes, Sir.
Q. What was that?
Millet. I thought by what I did see, there must be a Child.
Q. Had you this Thought by what you observed upon the Prisoner, or by what you observed in Relation of any Linnen or Bed?
Millet. By what I observed on the Bed, and in the Room too.
Millet. Yes, the Midwife came and found the Child.
Q. What was that Child found in?
Millet. It was laid in an old Petticoat under the Head of the Bed.
Q. Was you present when the Midwife took out the Child?
Millet. Yes, Sir.
Q. Is the Midwife here?
Millet. Yes, Sir.
Q. What is her Name?
Q. Was the Prisoner confined up Stairs before that Day?
Millet. No, Sir.
Q. What Time was this ?
Millet. It was about Nine o'Clock at Night.
Q. Whose Servants were you and the Prisoner?
Millet. Mr Smith's that keeps the Dog-Tavern on Garlick Hill.
Q. Do you know any thing further?
Millet. Nothing at all.
Court. Then you saw nothing but Marks of Blood upon the Linnen and Floor, did you?
Millet. No, Sir.
Q. Did you observe the Child whether there were any Marks of Violence?
Millet. No, Sir.
Millet. Yes, Sir.
Q. Could you form any Kind of Judgment whether this Child had been alive?
Millet Really, Sir, I cannot tell that indeed.
Q. At that Time what was the best of your Judgment, whether the Child was born alive or dead.
Millet. To the best of my Judgment the Child might have been born alive, but for want of proper Assistance to be sure the Child could not live long.
Court. Then you cannot take it upon you to say whether the Child was or was not born alive.
Millet. I can't indeed, Sir
Court. You don't know she was with Child, or this was the Child she was delivered of? nor you don't know whether she was actually delivered of any Child ?
Millet. Sir, I cannot say, I was not in the Room with her.
Court. Nor you can't certainly say by these Marks you saw, that she was delivered of a Child?
Millet. I could not be sure, but I thought it must be so by what I did see.
Court. You did not discover this Child at the Head of the Bed till the Midwife came, did you?
Millet. I was in a great Fright, and I did not look for it.
Q. In what Condition was the Prisoner, was she in her Senses?
Millet. I think she was not in her right Senses.
Q. Was there any Behaviour at that Time that induced you to think she was crazy?
Millet. I think the Nature of a Woman, except she was out of her Senses, would not make away or destroy her own.
Q. Did you talk to her at that Time?
Millet. She talked to no Body, nor gave no Body any Answer.
Q. What Time might it be between your going up first, and the coming of the Midwife ?
Millet. About five or six Minutes to be sure.
Q. How long had she been up Stairs before you went up Stairs after her?
Millet. About an Hour and an Half, Sir.
Q. Had you any Conversation with her afterwards ?
Millet. No, Sir, only asked her how she could do so, but she made me no Answer.
Q. Do you construe by her Behaviour that she was stupified; that she was in her Senses, or was not?
Millet. I believe she was stupified.
Court. You believe she had not the Government of her Understanding ?
Millet. No, I believe she had not.
Q. Is she a sensible Woman at other Times?
Millet. She is a very sensible young Woman.
Q. Have you had any Conversation with her since that Time?
Millet. Yes; and she said her Child came dead into the World.
Q. Has she since talked sensibly?
Millet. Yes, Sir.
Q. Do you think from the Condition she was in at that Time she was sensible what came upon her? Had she drank any thing that Day?
Millet. Nothing at all, any farther than common drink.
Q. What was her Behaviour in general ?
Millet. She always behaved like a very sober, honest Girl; I never heard her speak an ill Word in my Life.
Margaret Oldfield was indicted for stealing one quilted Petticoat, value 3 s. one Cloth Cloak, value 2 s. one Cap, value 6 d. the Goods of James Scott ; one Peruke, value 10 s. three Linen Shirts, value 14 d. two Linen Towels, value 2 d. and one Rug , the Goods of William Starbank , January 21 .
Q. What are you?
Q. Whose Petticoat was that ?
Scott. The Petticoat is mine, and the Duffil Coat was the Apprentice's.
Q. At what Time did you lose these Things?
Scott. The 21st of January I went out at Half an Hour after One, and came home Half an Hour after Five, and found my Door open.
Q. Was this Duffil Coat and Petticoat there at Half an Hour after One, when you went away?
Scott. Yes, my Lord.
Q. How came you to know they were taken by this Woman?
Scott. I found them the 24th of January at this Woman's, Joannah Cornish.
Q. Do you know any thing of your own Knowledge, how Joannah Cornish came by this Petticoat and Duffil Coat ?
Scott. The Prisoner confessed before the Justice, that she had sold them to her.
Q. What things was she charged with taking?
Scott. She said she had a white Cloak, two Caps, two Hats, a white Wig, &c.
Q. Was you with the Prisoner before the Justice when she made this Confession? Was the Confession signed by her?
Scott: I can't tell, my Lord.
Q. Do you know any thing further of your own Knowledge? Did the Prisoner tell you at any other Time what she had taken?
Scott. When I went to her at Newgate, she stood to that, that this Woman had all but a blue Rug for 3 s. 3 d.
Q. to Joannah Cornish. What do you know of Matter ?
Cornish. The Prisoner came to my House the 24th of January, and brought me a quilted Petticoat, and an old blue Frock or Shirt, made in the Form of a Shirt; she asked me 5 s. for it. I said they were not worth it, and I gave her 3 s. 3 d. for them, the quilted Petticoat was dirty, I washed it, and hung it up at my Door for Sale; the Prosecutor came by and saw it, and said it was her Property; they were to give me eight Days to find the Prisoner, but instead of eight they gave me but one, and sent me to Bridewell, till I was bailed and found the Prisoner.
Guilty 10 d.
131. Vincent Symonds was indicted for stealing one Feather-bed, two Pillows, six Woollen Blankets, four Camblet Bed-Curtains, three Camblet Window-Curtains, &c. out of the Dwelling-House of Thomas Dingley , the Goods and Chattels of William Meade , Esq ; January 26 .
Mr Meade. On the 26th of January last, about eight o'Clock in the Morning, I was told that Mr Dingley's House was broke open and robbed; upon that I goes directly to see what was taken out of the House; I went over, and the first Room I came into, that I call the Red-bed-chamber (I let this House to Mr Dingley) I missed a Feather bed, two Pillows, three Blankets, a Bed-quilt, and four Camblet Bedcurtains, and two Harateen Window-curtains.
Court. You say you let this House to Mr Dingley ?
Mr Meade. Yes, my Lord, he had it for three Years, from Year to Year.
Q. Do you know the Prisoner's having these Things?
Mr Meade. Yes, my Lord.
Court. You don't know any thing particularly, whether this House was located or fastened, but as you have been told?
Mr Meade. I know as much as this, my Lord, I found it open, and it used to be locked.
Q. Did you observe any Marks of Violence on the Door?
Mr Meade. No, my Lord; there is a great old Peartree at the Side of the House: I apprehend he came upon that Tree, and got in at a little Window at the Side of it; for I found the wooden Bar of that little Window broke.
Q. Do you know any thing concerning these Goods?
Mr Meade. It was noised about that Mr Dingley's House was broke open; it was my Servant found the Goods in the Prisoner's House.
Q. To the Prisoner. Will you ask Mr Meade any Questions ?
Prisoner. I beg to know whether he can swear to that Blanket the Bed was wrapped in; it is very hard that the Blanket should be sworn to amongst the rest, which I bought in May last.
William Ashly . What is it you know in relation to the breaking open Mr Dingley's House, and stealing Goods from thence?
Ashely. Mr Dingley's Man, Thomas Clark the Gardener, called me over, and said, I believe the House is broke open: He said, let us look in the House; so I went directly, and there I found the Bed, Blanket, and all those Things Master has mentioned, gone out of the House.
Q. What Bed was it?
Ashly. It was a large Feather-bed, with a brown Ticking; there were all the Pillows gone, put into a Sack.
Q. Did you miss any Blankets?
Ashly. Yes, my Lord; I am sure we missed three, and a Bed-curtain too.
Q. What were those in the Bed room ?
Ashly. In the Bed room the Curtain was taken away, and the Feather-bed.
Q. Was there any Blankets out of the other Room missing?
Ashly. I believe there was, my Lord; but I cannot speak so particularly as to them.
Q. Do you know any thing of these Goods since?
Ashly. My Lord, I found the Feather-bed in the Prisoner's House.
Ashly. In Warden-lane, in Thistleworth.
Q. Did you find any thing else?
Ashly. He had taken the Feathers out of his own Bed, and put my Master's Feathers and Tick in his Sack: I can swear that was my Master's Bed.
Q. Did you find any thing else there?
Ashly. I know only of the Feather bed and Blankets; a large fine white good Blanket.
Q. Where was that large fine white Blanket?
Ashly. On the top of the Bed; the Bed was made, and he had put it upon the top of my Master's Bed.
Q. Was the Prisoner present, when you seized these Things in the Sack ?
Ashly. No, my Lord; he was run away.
Q. How came you to say that was your Master's Blanket ?
Ashly. I don't know directly; but I can swear to the Bed.
Court. Then you cannot swear positively to the Blanket's being your Master's Blanket.
Ashly. I cannot swear to it, but it was like it.
Q. Do you know the Value of the Bed?
Ashly. It was a very large one; I believe it might be worth 3 l. but I am no Judge of the Value.
Roads. On the 27th of January last, I went up to Hounslow on a little Business, and I went with a Friend to the Crown to drink a Glass of Beer, and they were talking of a Gentleman's House being robbed, and several such Sort of Goods stole, as have been mentioned. Mr - that keeps the Rose and Crown, the Post-house; he was saying there was a Man came up the Lane, by his House, with a Wrapper of Goods, about Six o'Clock in the Morning; he said he pitched them upon the R before his House; he said to him, Does the Windsor Caravan stop at your House? Says he, I have these Things to send to London: He told him, it did not. With that I said I would go up to the Red-Lion, to see whether this Wrapper or Goods were gone; by that Means, perhaps, we shall trace it out. So I enquired if there was not a little Man came there yesterday Morning. Says the Landlord, there was a Man brought a Sack with some Goods in it. I asked where it was: He said it was not gone, his Hostler forgot to give it the Caravan; so I opened it, and I saw in it there was a Blanket tied a cross, and I examined farther; and there was another Blanket, &c. So I said to the Landlord, I would have you carry them into your Chamber, and if any body comes after them. I would have you stop them. So I acquainted Mr Meade with it, and he dispatched one of his Servants to see if they were his Goods. When we came again to the Red Lion, where the Goods were left, we heard the Prisoner had been there to see after the Sack of Goods left on Monday Morning; he wondered they did not fond them, for he had been at London, and they were not come: They were directed to be left at one William Barber 's, in Piccadilly. Then we went in Pursuit of this Man the Prisoner; his Wife gave us Intelligence, that we should find him in such and such Places in London, but could not light of him. Then we heard that he was gone to Gravesend: We went there, but we could not find him. On Saturday was Fortnight there was a Woman to nurse his Wife in her lying in; and she told me he was to be at her House on Saturday Night late, or on Sunday Morning: So we waited till Seven o'Clock in the Morning; we waited till the Fore-door was open. I said, now is the time, let us go. So I drew my Hanger, and put it under my Coat; so his Wife asked who was there: I told his Wife I had a Letter for him: I said I came from a Woman the Nurse down at Thistleworth: I heard the Child say, Mamme, and Dadde; then I thought I was sure of him. I said to his Wife, where is your Husband? She said, he is not here. I said, I had heard the Child cry Dadde; so I examined the Bed, and looked at the Feet of the Bed, and I saw his Clothes; I put my Hanger under the Bed, and said I would cut himdrew Blood ; he said, Don't kill me, don't hurt me, I am a dead Man; says I, I won't hurt you; but if you put up your Hand to do any Thing, I'll cut it off; he was in his Shirt; he said when he was dressing, I wonder such a Man as you should turn Thief-catcher. I said I would have gone a thousand Mile to apprehend such a Rogue as you, you have committed many Robberies; he said if he had Pistol he would have shot me dead; I said, would you have shot me that am an innocent Man? he said, my Life is as dear to me as your's, and I would have shot you dead: he confessed that he had sewed the Feather bed, and that he was in a great Passion with his Wife, that she did not let him have the Thread soon enough.
Q. to the Prisoner. Would you ask any Questions of this Witness?
Prisoner. My Lord, I know he is a foresworn Wretch; he said for the Sake of the Reward he would go all over the World to catch Thieves. I told him before the Justice I did not break the House open, and I told him who it was I had a Suspicion of, because they brought the Goods to me, and I would have made myself the King's Evidence, but the Justice would not admit me.
Roads. He did deny the Robbery when I took him.
James Hobbs . About the 26th of January, I was going to work betimes in the Morning; I met the Prisoner with a Sack upon his Shoulder, but what he had in it, I could not tell: on the 27th I went up to Hounslow along with Mr Meade's Man, and saw it opened, that I suppose was the same.
Q. Are you sure it is the same?
Hobbs. I can't say that.
Q. Does the Prisoner live at Hounslow ?
Hobbs. He lived in Warden lane just by me.
Q. Was you in the House when the Man found the Bed and the white Blanket that was found with the Prisoner.
Hobbs. Yes, my Lord.
Q. Do you know any thing farther?
Hobbs. I saw the Quilt and Blankets shot out of the Sack.
Q. Who was that Sack showed to?
Hobbs. It was carried up before the Justice; when there was a Report of the House being robbed, he persuaded me to say it was some Wood he had carried in that Sack; I told him to go Home and consult his Pillow, and not be ruled by any Body; when he went from my House, he said it was better to hear the Birds sing than the Mice squeek.
Hitherington. I received the Sack with these Goods in it, to be sent by the Maidenhead Caravan.
Q. Where do you live?
Hitherington. At Hounslow, Sir.
Q. Where was it to go to?
Hitherington. It was directed to be left at the Black Bear in Piccadilly
Q. Who was it directed to?
Hitherington. I can't remember the Person it was directed to.
Q. What did you do with it?
Hitherington. I put it into the Ostry; we had a Coach and Caravan together, that I forgot to send it.
Q. What became of it?
Q. What Time was that Sack delivered to you by the Prisoner?
Hitherington. About Seven o'Clock in the Morning.
Ryder. Yes, my Lord, we had the Constable and opened the Sack, and looked all the things over; there were two Blankets, two Pillows, a white Quilt, and Red Curtains, belonging to the Red-bed, I think there were four.
Q. What did you do with these Goods after you had thus searched ?
Ryder. We tied them up again, and left them at the Ostry, till we had consulted with my Master, and they were carried before the Justice of Peace.
Q. Who was present when they were carried before the Justice of Peace?
Q. Was the things produced before the Justice of Peace, these things that you opened, that Charles Roads found there ?
Q. to Charles Roads. Was you present when the Sack was opened before the Justice of Peace?
Roads. No, my Lord, I was before the Justice, but they had opened them before they called me in; I saw the Sack at the Door and I know it to be the same Sack.
Q. Do you know whose Goods they were?
Ashley. I believe them to be my Master Meade's.
Hitherington It was, my Lord.
Q. to the Prisoner. You hear what hath been sworn, what have you to say in your Defence?
Prisoner. My Lord, I know nothing of breaking open the House; I never heard of it till Tuesday Morning.
Q. Have you any Witness to call?
Prisoner. No, my Lord, but I hope you will hear me speak.
There was one Anthony Larkin and Thomas Scawen a Drover; Thomas Scawen had a Mother going into an Almshouse, as she had some Goods he-said he would let me have them reasonable, but I must bring them off privately.
Q. Who were these People?
Prisoner. Thomas Scawen is a Drover, and Anthony Larkin a Shoemaker, he said on Monday Morning he would bring some things to me if I could pay him; I worked that Night to get some Work finished; about Twelve, or a little after, they brought a Bed, and those things in a Sack, with that I went up and told my Spouse they had brought such and such things; she desired I would have nothing to do with it, she believed they were stole. On Monday Morning I told them that they were actually stole, and Larkin told me if I did not take Care, they would be found out, and told me to keep them privately: On Monday Morning I took them away from my House to carry them to Hounslow, to send them out of the Way; I told him as I had been at Sea before, I would not go again; I was a Stranger in the Place, I knew nothing of the House.
Court. Then you have no Witnesses to prove this?
Prisoner. No, my Lord.
Guilty of single Felony only, acquitted of the Burglary .
132. + Henry Lovat was indicted for stealing eight Guineas, and two Half Guineas, and nine Pounds in Silver, out of a Stable belonging to His Majesty at Westminster Horse-yard , the Property of Joseph Gittings , February 8 .
Gittings. The first Time I saw the Prisoner at the Bar, was the 5th of February: he came into the Stable, his Majesty sent and ordered for the Officers Horses to be got ready; a Serjeant then desired me to give him Change for a Guinea, I said, Sir, I believe I can do it, upon that I opened the Chest, where I put the Books and other things, and I pulled out 5 l. in Silver, in an Handkerchief, upon this, the Prisoner see me put up this Handkerchief; when I had so done, the Prisoner stayed all the Afternoon, pro and con, alter I had given the Serjeant Change: upon seeing this Silver put into the Chest, he staid with me the Afternoon, came again the next Morning, and brought with him some little Books, which he took in by Subscription; he went away again till Saturday, between seven and eight o'Clock, the next Morning about Six, when I came to the Stable I saw the Prisoner, who said he had been robbed, his Coat and his Hat taken off, and 15 s. taken out of his Pocket; upon this I said, my Lad, I am afraid you keep ill Company; Sir, says he, I don't keep ill Company. I accidently left my Key in my Chest, left it for about eight Minutes; when I returned and saw it, I thought I was a Fool for it; I opened it and found the Bag taken away, and the Money gone; I called out and said, What is become of that Lad? they said he was just gone out; I said which way did he go, I was afraid he had robbed me of such and such Money, at last we heard at Westminster-bridge that he was gone down the River Thomes, we searched all about the Borough, and at St James's, there we heard his Name was Lovat, and his Father and Mother lived in Duke-street; we heard of him again in the Evening, that he had landed at Westminster-bridge, that he had been at the Alehouse going to the Bridge, I think, the Magpye; he came into the City, and bought him a new Suit of Clothes: With this, a Waterman that was with him, came the next Day, and told me he had been at Supper with him, at the Horn Tavern. I heard of his being gone to Windsor; I pursued him there, and found him in Pescot street, Windsor. With that I brought him to the Bell and Castle, and I goes to Mr Mayor, and sends for an Officer. When I met the Prisoner, I said to him, Your Servant, Sir; I am glad to see you at Windsor. Sir, says he, I never saw you. I said, to my Sorrow, I saw you at the Horse-yard, so soon. He told me, he would make a free and ample Confession, if I would not hang him. I then called his Name Henry Hamilton : I said, Lad, they tell me your Name is Lovat; then he cried, and said it was; and that he had been seduced by ill Company, and had lived a Month without Bed or Board. I saw him make the Confession before the Mayor, and signed Henry Lovat , as follows.
Henry Lovat , taken the 8th of February. This Examinant confessed, that between Eight and Nine o'Clock he found the Chest in the Officer's Stable in the Horse yard, Westminster, unlocked; that he took out from thence Eight Guineas, Two Half Guineas, and Nine Pounds in Silver, and carried away the said Money, &c.]
Prisoner. Please ye, my Lord, that Confession was extorted from me.
Gittings. The Confession was no ways extorted, but a free and voluntary Act.
Prisoner. My Lord, they told me that what I signed was a Minute.
Q. to the Prisoner. Will you ask the Witness any Questions.
Prisoner. Did I say I bought a Watch with Part of the Money?
Gittings. You told me you bought a Watch with Part of the Money, and the Watch and Money was delivered to Mr Terry, the Constable.
The Prisoner had no Witness to his Character, or to contradict the Evidence.
Guilty of the Indictment.
[ The Prisoner seemed to be but about fourteen years of Age, a very sensible, likely Youth.]
133. + Sarah Cortney was indicted for stealing one Silver Watch, value 40 s. one Pair of Silver Buckles, value 15 s. one Scarlet Cloak, value 3 s. 6 d. one Pair of Stockings, value 1 s. one Pair of Leather Shoes, value 6 d. and 3 s. 6 d. in Money , the Goods of Andrew Mc Ovey , of Gravel lane, Houndsditch , February 24 .
Mc Ovey. Yesterday Morning, about Four o'Clock in the Morning.
Q. Who did they belong to?
Mc Ovey. My Property.
Q. Where were they taken from?
Mc Ovey. They were taken out of my Room.
Q. How came she in your Room ? Where was your Room?
Mc Ovey In Gravel lane, Houndsditch.
Q. What did she do with them; carry them away?
Mc Ovey. Yes, Sir.
Q. How do you know she took them?
Mc Ovey. She made a Confession of it before Witness.
Q. Do you know any thing more of it, of your own Knowledge?
Mc Ovey. She owned it.
Q. Was you by when she owned it?
Mc Ovey. Yes, I was present when she owned it.
Q. How did she come into your Room?
Mc Ovey. She had lodged with another young Woman that lodged up another Pair of Stairs; and they happened to fall out; so my Wife she took her in out of Charity, till she could get a Lodging of her own. Yesterday Morning she stayed out till Four o'Clock. Accordingly she came in with a lighted Candle in her Hand, and took my Watch, 2 s. 6 d. in Money, a Scarlet Cloak, and one Pair of Shoes, and a Pair of Stockings of my Wife's.
Q. Where was this Money; the 2 s. 6 d?
Mc Ovey In my Pocket; and she took 1 s. out of my Wife's Pocket.
Q. Are you sure you had 2 s. 6 d. in your Pocket?
Mc Ovey. Yes, I am certain of it.
Q. Did the Prisoner at the Bar lie in the same Room?
Mc Ovey. Yes.
Q. When did you take her up?
Mc Ovey. Yesterday. After I lost the things, I met with her about Four or Five o'Clock that same Night.
Q. What did you do with her, when you met with her?
Mc Ovey. I carried her before the Justice.
Q. What past before the Justice in your hearing?
Mc Ovey. She made an open Confession of every Thing that I have spoke of.
Q. What did she say?
Mc Ovey. I accused her of the Watch, and Buckles likewise, and the Shoes and Stockings, and Cloak, and she owned them.
Q. What did she say? Tell us the Words. Was there any Account taken in Writing?
Mc Ovey. Yes, I think so.
Q. Have you found your Things?
Mc Ovey. No.
Q. Have you any thing more to say?
Mc Ovey. No more to say than this, that she said she was sorry she did not take more.
Prisoner. My Lord, that Woman keeps Company with this Man (meaning the Prosecutor) and they are not married.
Mc Ovey Yes.
Q. Is that last Witness your Husband?
Mc Ovey. Yes, Sir; and I have so far to say, that I took the Prisoner in as a Lodger; I let her sit up till my Husband had got up to work; then she has come into Bed. Yesterday Morning, about Four o'Clock, she came in with a lighted Candle in her Hand: I asked her what Time it was; I think she
Q. Do you know the Cloak?
Prisoner. My Lord, she lent it me; she keeps a common House for every body; she has three Husbands living now.
Q. to Solomon Lewis. What have you to say against the Prisoner?
Lewis. I went along with the young Woman who wanted to take the Prisoner. We went beyond Hicks's Hall I don't know the Name of the Street; I think they call it Jones's-lane: I think it was at the York-shire-Grey, or White-Horse.
Q. What was the Prisoner accused of there? Mr Mc Ovey speaks of a Watch, a Pair of Buckles, and Cloak, &c.
Lewis. She at first strictly denied it, then afterwards she made an open Confession; she said she was sorry she had taken them; she believed she was undone, but she sold them to one in Newgate, the Watch for 18 s. and the Buckles for 9 s. which she did not deny before the Justice of Peace the last Night. The Prisoner at the first denied it, but when Mrs Mc Ovey was gone, she asked me for half a Quartern of Brandy. I said I would give it her. Then she said she would confess it: She confessed she sold the Watch for 18 s. and the Buckles for 9 s.
Q. Had she any Cloak upon her Back?
Lewis. Yes, Sir; I think it was the same Cloak that the Woman mentioned something about; but particularly I cannot tell.
Q. Where do you live?
Lewis. In Gravel lane, Houndsditch: I work in Rope-making, and sometimes in Rigging.
Q. to the Prisoner. What have you to say in your Defence? Have you any Witness?
Prisoner. My Lord, I was with that Woman about three Months; I used to borrow her Cloak of her; she keeps a House for Fellows to come in all Hours of the Night, and it might as well be any body else as me: I know no more of it than this Candlestick.
Bowyer. Susannah Pymer was a Boarder of mine: We went into the Country together on Saturday: I intended then to stay but till Monday: This Lady came to Town the Tuesday following: I did not come home for two or three Weeks. When I came home on the Friday, as I left my Servant Catharine Price , the Prisoner, to the Care of my House, I gave her eleven Guineas to pay away, and she came back immediately, and told me she had lost one. I was obliged to go out of Town on the Saturday. I came home on Monday Night, and I desired her to give me the Remainder of the Money, and she gave me nine Guineas, and told me, she had changed one for the Use of the House; and she would give an Account of the Things committed to her Charge. But before I got up in the Morning, she was gone. I must tell you, my Lord, when I came home on Tuesday, I saw the Pint Mug on the Dresser in my Kitchen, and the two large Silver Spoons, which I did not see when I came home; which she owned before the Justice. She went away on Tuesday Morning. She sent back the two large Silver Spoons, and Pint Mug, by a Porter, on the Wednesday before she was taken up: I took her up after she had sent these Things; because I lost a great many Things, and I could only judge her to be the Thief.
Court. You had not got a Warrant for her, till she had sent these Things?
Q. Who brought you this Silver Mug, and Spoons?
Bowyer. A Porter, my Lord; he said he received them from a Woman with a red Cloak.
Q. Do you know where the Fringe is?
Bowyer. In Pawn; but I don't know where.
Pymer. The Mug and the Spoons she took out of the House, and sent them back again.
Q. Did she send the Thread Fringe back?
Pymer. No, my Lord.
Q. What do you know in relation to the Thread Fringe?
Q. Did she tell you for how much?
Pymer. Whether it was eight or nine Shillings, I cannot say which.
Q. Did she say to whom?
Pymer. No, my Lord; but to somebody at the Bottom of Gough square.
Q. Where did she tell you this?
Pymer. She told me at New-Prison, where she was, that she had pawned a Shirt. When I came out of the Country from Mrs Bowyer, she desired I would let the Maid have every thing she wanted; and I took Care of the House, and paid every thing myself, I laid out about forty Shillings in Housekeeping, while her Mistress was gone. The Maid took care of the House from Friday till Monday Night; she provided every thing herself, she laid out about seven Shillings of her own.
Q. to Thomas Brown. What have you to say in relation to the Prisoner?
Brown. On Tuesday in the Afternoon I called at Mrs Bowyer's House, to know whether she wanted me: I heard Mrs Bowyer to say that she had lost a Pint Mug, and two large Silver Spoons. I called between twelve and one o'Clock; and when she had told me of the Loss of these Things, I left Mrs Bowyer, and went home to my House. I found the Prisoner at my House: She asked me what her Mistress said about her. I told the Prisoner, that her Mistress was very much enraged against her, and would take her up, if she could be found. She desired the Favour of me, if I would be so good, as to let my Apprentice step down, and acquaint her Mistress that she was at my House. Upon this her Mistress came in a Coach along with Mrs Pymer, and desired me to keep the Prisoner till she came back again, for she was going before the Justice. I went up and told the Prisoner, that her Mistress was gone to take out a Warrant for her; but I did not offer to detain the Prisoner in the least, as I thought I had no Authority. Mrs Bowyer took her at my House.
Q. What did she say? Did she offer to go away?
Brown. No, my Lord; the Prisoner said she pawned these Things, the Pint Silver Mug, the two large Silver Spoons, while her Mistress was out of Town, for the Use of the House.
Q. Had you known the Prisoner any Time?
Brown. Not before she lived with her Mistress.
Q. How long had she lived with her Mistress?
Brown. I cannot justly say.
Q. to Mrs Bowyer. How long has the Maid lived with you?
Bowyer. Since last March, to the best of my Knowledge.
Q. to the Prisoner. What have you to say for yourself? and what Witnesses have you to call?
Prisoner. My Lord, I have none here; I never had any Opportunity to send for any body; the Plate was pawned for the Use of the House.
Court to Mrs Bowyer. She says the Plate was pawned for the Use of the House.
Bowyer. My Lord, she had eleven Guineas in her Hands, from Saturday to Monday.
Court. Though she had the eleven Guineas, she was not to apply them to the Use of the House by your Leave; I thought you gave her the eleven Guineas to pay to some particular Person.
Bowyer. Yes, my Lord; but she had changed one.
Prisoner. I lived with her from last March, and I wanted Money to make use of: I laid out a great deal of Money, for I never had but 16 s. of her from the Time that I lived with her.
Court to Mrs Bowyer. You have not paid her any Wages.
Bowyer. She borrowed 16 s. of me, that was all.
Upon this Representation of the Prisoner's receiving little Wages, and her Mistress not being able to prove that she had paid her any except the 16 s. the Prisoner borrowed of her, the Jury acquitted the Prisoner.
135. Samuel Cobb and Richard Bunney, not yet taken, were indicted for stealing one hundred Pair of Pinchbeck Metal Buckles, Sixty Pair of Steel, Sixty Pair of white Metal, two Dozen of Seals, and a Number of Cork-Screws , the Goods of Elizabeth Hartland . And,
Hartland. No, but on the 17th of February, between Six and Seven o'Clock, I lost a Show-glass full of Buckles.
Q. What was within that Glass?
Hartland. Steel Buckles, and white Metal, and Pinchbeck.
Q. What Number?
Hartland. One hundred Pair of Pinchbeck's Metal, Sixty Pair of Steel, Sixty Pair of white Metal, besides Cork-screws and Seals, two Dozen of Seals; I cannot say how many Cork-screws.
Q. Do you know any thing farther?
Hartland. No. my Lord, but that they were stole.
Q. to Moses Holloway. What do you know of this Charge?
Q. Who bought them of him?
Q. Do you know any thing more?
Samuel Newet . I am Headborough; as there were several Officers of us together, we were walking about to see if we could find any disorderly People; we heard a pretty great Noise at the House where the Prisoners were; we all of us went in, when the Door was opened, that short Man, Cordoso, dropped the Buckles; I shut the Door to prevent any more coming out, for some made their Escape.
Q. Was it that little Man that dropped the Buckles?
Newet. Yes, from his left Arm.
Q. What Time was this?
Newet. About Eleven o'Clock, it was last Tuesday was a Week.
Q. Who sent for you?
Newet. Every Tuesday Night the Officers meet together, and we went out then to see if we could find any disorderly People; we heard a Noise at this House, and when they opened the Door we went in, and that little Man dropped the Buckles from under his Arm; I ran to the back Door, I saw two go out there, and I ran to the Door to prevent any more from going out.
Q. What Quantity of things were there?
Newet. There were more things than the Buckles found in the House; when we entered the House there were Twelve besides what made their Escape, of Boys and Women.
Q. Can you swear that you saw the other three Prisoners as well as Cordoso.
Newet. Yes, Sir.
Q. What were the other things besides the Buckles ?
Newet. There were some Silk Stockings, some Seals, and some Screws.
Q. What did you do with all the Things?
Newet. What we took away we have here, there was about fourteen Yards of Duffil Cloth.
Q. to John Savage. Do you know the Prisoners at the Bar? What do you know of this Matter?
Savage. I work for Mrs Hartland, and have done for sixteen or seventeen Years, and I know that some of these Buckles belong to Mrs Hartland.
Q. Who produced the Buckles?
Savage. The Officer.
Court. You say some of the Buckles you know belonged to Mrs Hartland?
Savage. Yes, Sir.
Q. Have you any thing to charge the Prisoners?
Savage. No, my Lord, I made some Part of them the white Metal, but here is another Workman, one Mills.
Mills. I made part of these yellow Buckles for Mrs Hartland.
Q. to Holloworth, the Constable. Did you search that Man?
Holloworth. Yes, about two Hours after.
Q. Did you take the Buckles?
Holloworth. I was present when they were taken: we were told that a Pack of Thieves used that House, and a Pack of Jews to buy the things, and there were six of us and we went to take them, and I know these are some of them; six of us rushed in all at once, and I thought Newet had taken the Buckles from under Cordosa's Arm, but he says that he dropped them, and he took them off the Ground.
Q to the Prisoner, Jacobs. What have you to say?
Jacobs. My Lord, I work at the Water-side, I help to unload Lighters, and when I came out from my hard Labour, it was about ten o'Clock, being late, we got ourselves a little merry in Thames-street. I comes in at the Sign of the Cock Ale-house, in Petticoat-lane, at one Loaf's and I asked for my Wife; says they, your Wife is gone to the Woman's that mends Stockings for you; I goes into this Place and I sees my Wife there, I said, Peggy, how came you to stay so long? I had not been there above five Minutes, before the Officers came in, and took my Wife and I to the Watch-house.
Q. to Holloworth, the Constable. What was this House where you took these Prisoners?
Holloworth. At one Mrs Grey's in Cobb's-court, near Cox's-square, Spital fields, a little nasty Hole, where they sold Gin. We took Twelve, and and Eleven were sent to Prison.
Tatum. Yes, my Lord, I have known him many Years, and his Father before him, and I never heard any Harm of him in my Life.
Cobb. I went into this Place to drink a Dram, and sat down with the other Company and drank two or three Drams.
Jones. No, not Daughter; I have known him for two Years, I never knew any Harm by him in my Life.
Elizabeth Taylor . I have known Cobb for nine or ten Years, we are Neighbours, I never knew any Harm of him in my Life; my Mother has entrusted him throughout her House, I never knew any Harm of him in my Life.
Isaac Nevaro . On the 4th Day of this Month, the Prisoner, Cordoso, came along with Mr Alverez, and Alverez, he wanted six Pounds of Rhubarb; I said to Alverez, what Price will you go to? I have got from 10 to 40 s. a Pound, he bargained with me for 20 s. a Pound; I said Mr Alverez I do not know, but I know you, Mr Cordoso, I shall look to you for the Money; this Moses Cordoso comes to me, and said, don't be afraid of your Money, he, Alverez, has appointed me at Ten o'Clock to Night, somewhere in Petticoat lane, to receive the Money; I said you are the Man I demand the Money of; so that Night he happened to go to this House in Petticoat-lane, so in the Morning I heard he was taken up by the Watch.
Q. What is his Character?
Nevaro. I have dealt with him ten or twelve Years, he always paid me honestly.
Rose Jacob. I have known Cordoso, the Prisoner, these six Years; he has boarded at our House: I never knew any harm of him, nor never heard none. That Night he was at my House till nine o'Clock; he said he was going to Mr Alverez, at Petticoat-lane, for some Money.
Margaret Carpenter . I have known Cordoso six or seven Years; my Husband has credited him for Goods to the Tune of Twenty-two Pounds, and upwards, at a Time; and I never heard any thing before this happened in my Life.
Q. to Manasseh Alexander. What have you to say? what Witnesses have you?
Lyon Toby. I have kno wn Alexander ever since I remember myself; I keep a Coffee-house; I know him to be a very honest Fellow, and works hard for his Living.
All the four Prisoners were acquitted ; if they were not guilty, they were got in exceeding bad Company; for three of that same Gang had Facts brought quite home to them, viz. Thomas Mc Lane, Edward Edwards , and Thomas Jackson ; these were each convicted this Sessions.
Their Trials follow.
George Overton . My Mistress, Jane Gorden , of Russel court, lost a Pair of Silver Buckles: The Constable at Spitalfields, in a disorderly House finding some Rogues, they found some Buckles and other Things, and the Constable enquired of my Mistress if she had lost a Pair of Buckles; and she said she had lost a Pair of Silver Buckles in the Month of December; it was reported that they were pawned at the End of the Hay-market, in Piccadilly. I saw a Pair
Holloway. My Lord, the Prisoner at the Bar and I went out one Day to see what we could get, and we saw this Show-glass something loose, and the Prisoner at the Bar hoisted up the Show-glass, and took out these Buckles.
Q. Was you present when the Prisoner, that Boy, took out the Buckles?
Holloway. Yes, my Lord; and I saw them in his Possession; and I had them in my Possession, and pawned them.
Q. Where was the Show-glass?
Holloway. It was in Russel-court, near Drury-lane; there was the Place where we took the Buckles.
Q. What became of the Buckles ? Did you go with him to pawn them?
Holloway. Please you, my Lord, I gave him eight Shillings for my Share, and so wore them for a long while; and last Monday was Se'nnight I pawned them at the Sign of the three Blue-balls in the Hay-market.
Q. to Hollingsworth the Constable. What do you know about the Matter?
Hollingsworth. The second Time this Chap was examined, he said he thought of this afresh, and said he had pawned the Buckles at such a Place in the Hay-market.
Q. What, Holloway the Accomplice said so?
Hollingsworth. Yes, Sir; when I went to the Pawnbroker, I told him our Warrant; then he said he would prosecute; however, afterwards he gave me the Buckles; his Wife thought it more safe to deliver them to me, being the Constable.
Elizabeth Moor I was an Apprentice-Girl to one Mr Jones, and this little Boy used to be an Errand-Boy there; and I never knew an ill thing of him in my Days; he used to work hard with his Father in bottoming of Chairs; he lives in Gray's-Inn lane.
[It was said in Court, the Father of this Boy was without, but would not come in; but the Court ordered him to be brought in, and was asked how he kept the Boy; whether he allowed him Victuals enough; and he said he did; but he could not make him stay with him]
The Prisoner, though but about eleven Years of Age, yet it appears he has been very notorious in Thefts and Robberies, and was no Stranger to the Court.
Before Judgment for Transportation was given up on him, the Court was petitioned to have him put a board a Man of War; which was granted.
140. Edward Edwards and Thomas Jackson were indicted for stealing out of the Shop of Deborah Roades eleven Pair of Silk Stockings, the Property of William Dowsel ; one Pair of Worsted Stockings, with a Tin Cannister, &c. the Property of Deborah Roades , in Mount street, St George's, Hanover square , February 17 .
Q. Do you deal in Stockings?
Q. Do you deal in Tea?
Roades. Yes. Last Tuesday Se'nnight, as I was sitting in my Back-room, the Shop-door was shut.
Q. Was it locked?
Roades. I thought it was locked, but it was not: The Stockings that were taken away was the Property of Mr Dowsel, that I had to wash; they were to have been carried home that Afternoon, but they were not.
Q. What else was taken out of the Shop?
Roades. All the soul Linen I had for five Weeks, these Silk Stockings I washed for that Gentleman, and several others; it is a particular Business I do for them, and no others.
Q. Did they take any Tea?
Roades. Yes, they sold it for a Pound and half; as to the direct Weight I cannot be positive.
Q. Did either of the Prisoners come into your Shop?
Roades. I did not see them.
Q. Where did you see your Goods?
Roades. At Mr Hollingsworth's. There I saw six Pair of Stockings, and several of my Caps, Hoods and Sleeves, and Handkerchiefs.
Q. Did you ever come to the knowledge of all, or any Part of your Tea?
Q. What Shop?
Q. Was it a Shop of Mrs Roades's ? Was it in Mount-street ?
Holloway Yes, they took some Tea in a Cannister, but the Quantity I cannot tell, and a Bag with some Linen, and some Silk Stockings, and one Pair of Worsted Stockings.
Q. What did you do with the Tea?
Court. I thought you had all three gone upon this Expedition, and went to this Place in Spital fields?
Holloway. Yes, and as soon as we had the Goods, we carried them to Cobb's-court, by Cox's square in Spital-fields.
Q. How long had you been in the Acquaintance of these two Prisoners?
Holloway. Not above four or five Days before.
Q. Was you all taken up by the Constable?
Holloway. Yes, my Lord.
Q. to Hollingsworth, Constable. What Parish do you belong to ?
Hollingsworth. Christ-Church, Spital fields.
Q. to Mrs Roades. What Day was your Shop robbed?
Roades. On Tuesday was se'nnight.
Q. to Hollingsworth. Did you search any House or any People upon Tuesday?
Hollingsworth. About Eleven o'Clock at Night, about five of the Headboroughs were drinking together; we heard of this bad House, and we rushed in upon them, and there were twelve disorderly People in it, and we took Eleven of them, and found these things in the House; there is another Woman the Justice has bound over to be an Evidence.
Roades. Yes, part of them, there were Eleven Pair of them, here are six.
Q. Are the Worsted Stockings there?
Hollingsworth. The little one had the Worsted Stockings upon his Legs.
Hollingsworth. Yes, my Lord.
Q. Was not Moses Holloway Witness the third ?
Hollingsworth. Yes, my Lord.
Holloway. Yes, Sir, the Door was shut, and he opened the Door.
Q. to Mrs Roades. What Time was it that your Shop was robbed?
Roades Between eight and nine at Night.
Court to Jackson, the Prisoner. What have you to say in your Defence?
Prisoner. I had not been from Sea above a Fortnight. I was left sick on Shore, I could not get any Ship at Plymouth; I went down to this Rag fair, I went to buy a Pair of Breeches, and as I was going by this House, I saw two or three Lads a drinking, and I called for a Dram; I saw that Lad, Moses Holloway , come in with a Bundle upon his Head; I had not been there above three or four Minutes, before the Gentlemen came in; I did not attempt to run away.
Q. to Holloway. What did you do with the other Stockings and Tea?
Holloway. We left all the Stockings in the House, but the Constable took but Six.
Hollingsworth, Constable. They were tumbled among the Bed-clothes, the Headborough did say they were loosely tied up, and he felt some of them about his Legs; the Linen was so numerous in Bits, that we weighed them in Scales, and I think there were nine Pounds, and the Stockings were six Pair; what became of the other I don't know.
Q. to Holloway. What had the other twelve People to do with you?
Holloway. Please ye, my Lord, there were two Buyers there, and another that use to carry off the Goods when they were bought; they were cleared here on Wednesdays, on Account of the Buckles, the Stockings, as soon as we had looked them over, one of the Prisoners gave them to a Woman, and she put them somewhere, but I can't tell where. Edward Edwards and Thomas Jackson both guilty 4 s. 10 d.
Q. When did you lose this Spoon?
Tonn. The 9th of January.
Q. What have you to say against the Prisoner ?
Quillet The Prisoner came into my Shop the 17th of January last, and offered me the Bowl of a Spoon to sell, (I live at Charing-Cross) I asked him how he came by it? he told me his Master gave it him; I told him he had a very fine Master to give him a Silver Spoon; I asked him where the Remainder of it was; I said I believed he had it in his Pocket; he told me he lived with 'Squire Belse in Duke-street, and his Name was Peter Johnson ; I called a Porter and bid him to go and enquire of his Master, if he had lost a Spoon; he was for going with the Porter, I said you shall stay, if you go, I shall not see you again; with that he ran away out of my Shop; John, said I, run after him, and endeavour to catch him, and bring him back; but the Porter came back, and said he could not find him, he said he believed he lived in Whitehall; I said I have a Notion, by his Livery, that he lives with Capt. Gerring, in Westminster; and I sent to him, but he sent me Word he had no such Servant; with that, my Lord, I saw a Person go by my Shop half an Hour after that, and I enquired of him after such a Person, and he told me where I might meet with him, he said he used the King's-head in Downing-street; I went to the Master of the House, and he told me that the Prisoner lived over the way, that he was Servant with Dr Pile in Downing-street
Q. How came you to find out Mr Tonn?
Quillet. It was by this Publick house Man; the next Morning his Master looked over his Plate, he did not miss any thing, but, says he, he uses Mr Tonn's House, and it may be it might be their's; I went to Mr Tonn's and he said he had lost a Spoon the Night before.
Q. How came you by the other Part of the Spoon.
Quillet. It was found in the Boy's Waistcoat Pocket; here is the Name at Length on the Handle.
Q. What is the Value of this Spoon?
Quillet. Ten Shillings.
Court to the Prisoner. Will you ask the Witnesses any Questions?
The Prisoner, they say, is a Swiss ; he cried most bitterly, and said with great Vehemence, Tu, dey did find de Spoon upon me, but I did no stole it, but a Mans give it me, said, if you do no sell it for me, I will sharge you wid the Robberee.
Tonn. The Boy, when he was in Place, had dined, by his Master's Orders, with me, for half or three Quarters of a Year, and always behaved very sober; all I can say, the Person that he laid the Charge upon, has absconded the House since; the Boy described the Man a fort of a Sea-faring Man; he has been at my House eight or ten Times; he has never been at my House but once since.
Q. Why did not you take him up then?
Tonn. I did not care to bring myself into further Trouble, as we found the Spoon upon the Prisoner, and we had only his Word for it.
142. Jane Wilkins , otherwise Philpot, otherwise Johnson , was indicted for stealing Sixty seven Linen Handkerchiefs, value 3 l. the Property of Thomas Reynolds , in the Dwelling house of Jane Thornton , Widow, Feb. 2 .
Reynolds. I keep a Snuff and Perfume Shop, but my chief Business is to sell Linen Goods, with a Licence, about the Streets .
Q. Did you lose any thing on the 2d of this Month?
Reynolds. I was selling some Sheets at a House in Broad St Giles's , and in selling these things, the Prisoner at the Bar came in, and another Woman along with her, to drink some Gin; being a wet Day, I could not go about with my Goods, I thought I might as well lay out Three-pence or a Great with her, as to go to a Publick house; being very rainy, I staid at the House in St Giles's where I sold these Goods, 'tis a Gin Shop , where I sold these Sheets; I staid till between one and two, and the Prisoner at the Bar, and one Deborah Barrow , a Person with her, had some Gin together; as we were sitting by the Fire-side, she said she lived but three or four Doors from that House, and said her Husband was out, and I should be welcome to lay down upon the Bed a little, and she would be a Customer to me; when I went up Stairs, there was a Bed in the Room, and immediately half a Pint of Gin was brought up without my Order; I says I don't want any, but as 'tis come, I shall drink; I went from thence back to the Gentlewoman's that bought the Sheets of me, and she bought a Remnant of Check.
Q. How long did you stay there?
Reynolds. I was there about a Quarter of an Hour, from first to last; I packed up my things in that House, then went and told the Gentlewoman at the other Place where I sold the Sheets, I would bring her some more sheeting, and two Pounds of Snuff.
Q. Did you miss any thing when you went away?
Court. And there you opened the things again?
Reynolds. I opened them to pack them so as the Rain should not hurt them in carrying them Home.
Q. When you opened your things there, did you miss any thing?
Reynolds. Yes, my Lord, I missed a very large Parcel of Handkerchiefs, which might be to the best of my knowledge, 63 or 64.
Q. Of what Kind were they?
Reynolds. There were a Dozen or Fourteen printed, and all the rest were checked.
Q. What was the Worth of all of them?
Reynolds. The whole, take them all together, might be worth 3 l. or 3 l. 10 s. I told the Gentlewoman of the Gin-Shop, in case these Goods should be found upon these two Women, they should stop them and give me Notice; I went back directly to the Place, but the Women were both gone.
Court. Then those two Women that were with you at the Gin-shop, and at this House, were both the same that yo u suspected took your Goods?
Reynolds. Yes, though I did not see them take them away, but as the Evidence will prove it afterwards.
Q. What Time of the Afternoon was it you went away from the Gin shop? and what Time was you there in the Morning?
Reynolds. About Nine in the Morning.
Q. Do you know any thing of the Prisoner?
Pryer. I know nothing at all of the Prisoner?
Lynch. I am a Chimney-sweeper.
Q. What do you know of the Prisoner at the Bar?
Lynch. I know nothing more, but that this Man was robbed, and I laid hold of this Woman, and took these Handkerchiefs away from her, and Mr Cartwright the Constable charged her.
Q. When did you take that Piece of Handkerchief?
Lynch. I don't know the Time; it was of a Monday Night, and the Man was robbed in the Forenoon.
Q. How long ago?
Lynch. I believe about three Weeks ago.
Q. Are they the very Goods you took from her?
Lynch. I am sure of it.
Q. How came you to take them from her?
Lynch. As soon as this Man was robbed, being informed of it, I knew this Woman, she lived just by me; I saw her with one of these Handkerchiefs upon her, after there had been an Outcry of her robbing Mr Reynolds.
Q. Who was along with the Prisoner, when you took the Handkerchiefs?
Cartwright? I am Constable. This Man, the Prosecutor, came to me, and told me he had been robbed of a great Quantity of Handkerchiefs.
Q. Can you tell the Name of the Prisoner?
Cartwright. She has several Names; she goes by the Name of Philpot. When the Man came to me, I went with him. When I came, she was sitting in the Room; I think, up two Pair of Stairs.
Q. At whose Lodgings was she?
Cartwright. At one Mr Short's House. This blue Handkerchief lay upon the Table by her.
Q. Did you find any other Things?
Cartwright. As I was putting of her into the Round house, she put out an Oath; Why did you not bring the other to suffer as well as me? I went immediately back again, and fetched the other Woman; and she told every thing, where the Handkerchiefs were pawned; some were pawned at one Place, and one at another; some she had pawned, and some she had sold; we found it all to be true as she had said; there was one hid under the Hog-tub in the Yard.
Q. What was the other Woman's Name?
Barrow. She said to me, I have got a Piece of Handkerchiefs; if you will go with me to pawn them, I will give you Part of them.
Q. When was it she told you so?
Barrow. It was on Candlemas-day, the second Day of February.
Q. Did you go along with her?
Barrow. Yes, my Lord; I asked her where she had them from. She bid me to ask her no Questions, she was made a Present of them; and I went with her to pawn them.
Q. What Number were there?
Barrow. There were nine in the Piece, and we pawned eight of them.
Q. Are these produced in Court them?
Barrow. Every one of them.
Court. And these you had from her?
Q. What is that red one?
Barrow The Woman where she lodged had one Part, and the Prisoner the other.
Q. Who cut the Handkerchiefs ?
Barrow. Philpot the Prisoner. I afterwards went down to my House; after I went home, the Prisoner followed me with a Pretence to make me drink. I told her I had drank enough already; I would go to sleep. She followed me, and said she would treat me with a Dram; and carried me to the Woman where we were before, and called for a Quartern of Gin. The Woman and she went up Stairs together; I stayed the Space of half an Hour, then she came down. I saw she had something in her Apron. I said, I will go. Here, stay a bit, says she; I'll go home with you. Says she, I have got some Handkerchiefs gave me; and Mrs. Thornton will have Part of them; and the Prisoner sold three of them for 1 s.
Q. Was there any put under the Hog-tub ?
Barrow. Yes, my Lord; she crammed one in the Yard, under the Hog-tub.
Q. What did she put it there for ?
Barrow. For Fear it should be searched, and found about her. I did not know she put it there, till she was took up.
Court to the Prisoner. What have you to say in your Defence ?
Prisoner. I lived along with this Woman: Upon Candlemas-day we went to drink with this Man that lost the Goods: The Prosecutor sat down upon the Bed with Deborah Barrow , drinking with her; and they drank half a Pint of Gin out; and she said she was a-dry, and wanted some Beer; and they brought a Full-pot of Two-penny up: He desired they might go to Bed together. The Woman said, she had not a Room to let, and they should not; and we went out of the House together. When I came out, my Garter dropped off; and before I could pick it up again, they were gone.
[The Prisoner insinuated that she went afterwards to Barrow's House, and found eight Handkerchiefs in her Bed; and she gave her three of them]
Guilty of single Felony only .
143. Benjamin Buckle was indicted for stealing four Linen Handkerchiefs, value 1 s. seven Silk Handkerchiefs, value 7 s. 6 d. and five Cotton Handkerchiefs, and one Linen Apron , the Goods of John Tall , January 29 .
Tall. Yes, Sir; the Prisoner at the Bar stole my Handkerchiefs; sixteen in Number; seven Silk, four Linen, and five Cotton, and one Linen Apron.
Q. When were these stole from you ?
Tall. The 29th of January.
Q. Why do you say the Prisoner stole them?
Tall Because I saw the Goods in his Apron.
Q. Where did you see them in his Apron?
Tall. At the Door.
Q. What immediately ?
Tall I live in Mountague street, Cox's square; these Things they hung on a Nail at the Door: About three o'Clock in the Afternoon, I heard the Crack of the String that was broke: I was serving in the Shop, and I took hold of him, and called for Assistance.
Q. What did you do with him?
Tall. I carried him before the Justice, and he committed him to New Prison.
Q. What did he say before the Justice?
Tall. He told the Justice he was going to buy an Handkerchief of me.
Q. Do you think it was so?
Tall. No, Sir.
Q. Did you know the Boy before?
Tall. Yes, I saw him two Days before this happened.
Leech. In Petticoat Lane. I was at Mrs. Tall's House, at the Time these Handkerchiefs were lost; I believe it was about two o'Clock. I was buying something, and I heard something snap; and I went to the Door, and this young Man had the Handkerchiefs in his Hand; and I took them out of his Hand: He had got a green Apron on, and just about to put them into his Apron; so I took them out of his Hand, and gave them to Mrs. Tall.
Q. Did you know how many there were ?
Leech. No, I did not know how many there were. Mrs. Tall keeps an old Cloath-shop, and they hung at the Door; the Prisoner was secured, and carried before the Justice.
Q. What became of the Handkerchiefs afterwards?
Leech. The Constable had them.
Court to the Prisoner. What have you to say in your Defence?
Prisoner. I saw these Handkerchiefs hang at the Door; I went to look at an Handkerchief, and went to take hold of them, and the String broke, and they dropped down; and I took them up, and was about to carry them into the Shop, and they took hold of me.
Prisoner. No, my Lord.
Guilty 10 d.
Colley. On the third of this Month the Prisoner at the Bar, and another, came into my Shop.
Q. Are you a married Woman?
Q. What then?
Colley. Then I said, please to wait a Moment, I will light a Candle; while I went to light a Candle, and coming back I missed two Pair of Stockings, I charged them with it; I came round the Compter, as if I would search them, and they run out of the Shop, and I cried out, Stop Thief; I saw him pull out the Stockings from between his Legs, when I came to search him.
Q. Where were these Stockings lying?
Colley. They were behind the Compter, where the Stockings lay.
Q. What were they made of?
Colley. They were three Pair of Worsted Stockings, and a Pair of Thread.
Court. Could you see that they were the Stockings that you missed?
Colley. Yes, Sir.
Q. How came you to know that any thing was gone?
Colley. I knew there were so many Stockings gone.
Court. You say you called Stop Thief, did they catch them?
Colley. There was a little Boy at a Silver Smiths, and another Man run after him, and he was taken in Castle-street; I live in Chandois street.
Q. Have you ever seen these Stockings since?
Colley. Yes, my Lord, I could swear to my Goods.
Q. Who brought them to you?
Prisoner. I want to know, Sir, that she will take her Oath that I was the Person that took these Stockings.
Colley. No, Sir.
Hicks. I was in my Master's Shop, the King's Glazier, Mr. Carn.
Q. Where does your Master live?
Hicks. In St. Martin's-lane. I was lighting Candles, and I heard a gre cry, Stop Thief, stop Thief! The Prisoner run with a Mob after him up Hemming's Row; I was informed the Prisoner at the Bar ran down with a Bundle under his Arm, and went down the Red Lyon Inn Yard in Castle-street: a Man turns down there, and sees the Prisoner doing his Occasions there, under a Shed; when the Person came that see him run away from the Woman's Door, he would swear that he was the Person that run from the Woman's Door; he said I had wronged him, I said I hoped I had, for you look a likely young Fellow, and I hoped he was not guilty of the Fact; we looked in the Chaise, he was between the two Shafts, doing his Occasions; and looking about the Chaise I picked up these two Bundles of Stockings.
Q. What did he say then?
Hicks. He would not own any thing of it; with that I brought him to this Woman's Shop, and she said that was the Person that went away with them.
Q. Did you shew the Stockings to Mrs. Colley?
Hicks. Yes, Sir, we gave them into her Possession directly.
Q. What did the Prisoner say there?
Hicks. He said nothing there, but we took him before Justice Burdns, and he owned it, that his Comrade stooped over the Compter, and took them up for him to run away with them.
John Ware. I was standing at my Master's Door, Mr. Gulte's, a Silver-Smith in Chandois-street.
Q. How near Mrs. Colley's Shop?
Ware. Almost over against it: I heard a Noise, Stop Thief! and I ran on as the rest did to see what was the Matter, and I run up Hemming's-Row, and we could not tell where the Prisoner was gone; some said they see him run down Red Lion yard, and there he was found doing his Occasions, and these two Bundles were found under a Board, hard by the Chaise.
Q. Did you go with him to Mrs. Colley's?
Court to the Prisoner. What have you to say in your Defence?
Prisoner. The young Man that was with me, that belonged to the Duke Privateer, he took these Stockings, and as there was a Cry of Stop Thief. I ran away too, for fear of being taken up.
Colley. They were not opened, but as they were in the Shop.
Cleugh. I cannot say that I have known him of late Years; I have known his Father these twenty Years; his Father bore a good Character, nor I never heard any thing of the Prisoner before.
Guilty 4 s. 10 d.
145. Mary Hussey was indicted for stealing three Linen Aprons, value 3 s. one Lawn Apron , value 1 s. three Shifts, value 6 s. one Cambrick Cap, value 2 s. one Lawn Handkerchief , value 2 s. one Bed Quilt, value 4 s. two Lawn Caps , value 1 s. one Sheet value 1 s. three Pillowbiers, value 1 s. one Brass Saucepan, value 2 s. the Goods of John Conner , and one quilted Petticoat , the Goods of Sarah Hart , February 14 .
Conner. She broke my Door open.
Q. What do you know of her taking Goods at Hart's?
Q. What do you know of this Woman's taking your Goods, you say your House was broke open?
Q. When did you lose those Goods?
Conner. Last Saturday was se'nnight.
Q. What Goods did you lose?
Conner. Six Caps, and four Handkerchiefs, three Shift and four Aprons.
Q. What were the Shifts made of?
Conner. One Lawn, and the other Cloth.
Q. What were the Aprons ?
Conner. One was a Lawn, and the other a Check, a Bed quilt, and a quilted Petticoat, one Sheet, three Pair of Stockings, two Pair of Worsted, and one Pair of Thread, one Brass Saucepan, and a Flannel Petticoat.
Q. Do you know who took them?
Conner. That Woman, the Prisoner: I found them upon her last Monday.
Q. Where was she then?
Conner. She was down in St. Catharine's Lane.
Q. Does she live there?
Conner. I found them upon her at a Woman's House in St. Catharine's. She had all the Goods but the Bed-quilt, and the Saucepan; all the rest she had about her.
Q. Did you find all these upon the Prisoner?
Conner. Yes, Sir, all these upon her except what were in Pawn; which were a Saucepan, a Bed-quilt, and this quilted Coat, that she pawned at the Bottom of St. Catharine's Lane for seven Shillings.
Q. Did you ask I her how she came by them?
Conner. She owned she broke the Door open and took them.
Q. To whom did she own it?
Conner. To me, and the rest of the People in the House.
Q. When was this?
Conner. On Monday was se'nnight. I asked her whether any body was with her, and she said nobody.
Court to the Prisoner. Would you ask this Witne ss any Question; you have heard what she says; that you owned that you broke the Door open.
Prisoner. The Door was open, my Lord.
Cartwright. I know the Prisoner: She was a Towns-woman of mine: She came to me the 13th of February at Night.
Q. Where do you live?
Cartwright. In St. Catharine's Lane, in Rose and Crown Court, by Tower-hill: She called me down, I was going to bed, my Child and myself; she told me she wanted to speak with me, and she desired me to pawn some Things for her: She said that they were her own; it was the 13th Day of February at Night, but what Time I cannot tell.
Q. Have you got the Things here she brought to you?
Cartwright. These are the Things; the Quilt, the Sheet, and the Petticoat, that is all I know of the Robbery: And I did not know but that they were her own, the Quilt, the Sheet, and the Petticoat, and she went to the Pawnbroker's Door with me, and when I came out I gave her the Money.
Q. What did you pawn them for ?
Cartwright. For four Shillings and six Pence. She never was in my Apartment but twice before for this eight Years.
Q. What's the Name of the Pawnbroker?
John Smith , I believe.
Q. Are you sure that is the Quilt, Sheet, and Petticoat she brought to you to pawn, and what you pawned for her?
Cartwright Yes, my Lord.
Smith. I was sent for to Cartwright's House, in St. Catharine's-lane, last Monday was se'nnight; the Woman, Conner, told me this was the Woman ( meaning the Prisoner ) that had robbed her: So we took hold of her, and all these Things we found up on her, but what was in Pawn.
Q. Who was with you, when you found the Things upon her?
Q. Had she the Things about her?
Smith. Yes, my Lord; she had a Shift, Apron, and Cap on; the biggest Part of them she had under her Cloak, and under her Apron; she confessed she broke Mrs. Conner's Door open, and took them away.
Q. What then ?
Smith. Mrs. Conner desired her to let her know where the rest of the Things were, and she would be favourable to her. Says she to Mrs. Conner, I know you won't hang me, but the Law will.
Q. Whose quilted Petticoat is this?
Conner. My Mother's, Sarah Hart; I had it to quilt.
Court to the Prisoner. What have you to say for yourself?
Prisoner. The Door was open, my Lord.
Q. What then ?
Prisoner. Then I had the Things.
Q. Have you any Witnesses?
Prisoner. No, my Lord. Guilty of single Felony .
146. Margaret Golling was indicted for stealing one Cotton Apron, value 6 d. the Goods of Ann Hensman ; and another Cotton Apron, value 1 s. the Goods of Humphrey Perry , of Windmill Street, St. James's Westminster, January 9 .
Q. What Aprons were they?
Hensman. Blue and white check'd Aprons. My Father went into the Yard, and he said there was a Woman gone into the Yard. I went afterwards, and found these Things gone.
Q. Where did you see her afterwards ?
Hensman. At the House of one Jane Roberts . There she had one of the Aprons about her. She also confessed another Apron, that was Mary Perry 's. She said if I would go with her, she would get me the other. When she gave me that, I said I would not go, I was afraid she would get somebody to knock me on the Head: so she sent it by a Chairman
Roberts. Mrs. Hensman came to my House to ask me about this Woman; I told her she came to my House sometimes; when she came I turned up her Cloak, and took the Apron from under her Arm, and this Gentlewoman, Mrs. Hensman, owned it.
Q. When was this ?
Roberts. I believe on the 9th of January.
Guilty 10 d.
147. John Bury , and Ann his Wife , were indicted for stealing one Silk Handkerchief, value 1 s. one Piece of Camblet, value 6 d. two Pair of Linen Sleeves, value 6 d. two Linen Pillowbiers, value 1 s. one Pair of Brass Sconces, one Glass Decanter , the Goods of Richard Yeoman .
The Prosecutor dot appearing, the Prisoners were acquitted .
HenRY SIMMS was indicted for a Robbery on the King's Highway, upon the 18th of October , in Middlesex; and the Indictment sets forth, that the said Henry Simms did make an Assault upon Francis Sleep , putting him in bodily Fear, and by Violence taking from him one Silver Watch, value 3 l. and 6 s. in Money , the Property of Francis Sleep.
The Prisoner when called to the Bar said, that he had but a very short Time to send Sixty-two Miles for his Witnesses; it was answered that he had Time enough to send for any Witnesses.
Q. Where did you set out from?
Sleep. From Falconbridge court, in St. Ann's Parish, in the Liberty of Westminster; I was going to my own House at Whittlebourgh, in Watford Parish, where my Wife was gone for her Health; she was very sick, so was my Child; and between Hoasden green and Stone-bridge I met this young Man, the Prisoner, upon the Road; I had indeed overtaken a Carter that drove an Hay-Cart, which was upon a little Poney, like my own; and as the Carter and I were riding together, between Hodsden green and Stone-bridge, this young Man, the Prisoner, met me on the Road; he comes hollowing in a very bold refractory Manner, with something in his Hand; and when he came near, I saw it was a Pistol, I thought he had been a drunken Gentleman, he had the Appearance of a Gentleman; I thought he was drunk and wanted the Road; I crossed my Horse out of the Way, not designing to contend for the Road, I turned my Horse out of the Way, and he turned his Horse out of the Way to meet me, and swore in a blasphemous Manner, that he would shoot me dead if I did not stop; d - n your Blood, and a Number of Oaths, if I did not stop he would shoot me dead; so I stopped immediately, and he presented a Pistol at me, I judged it was rather longer than a common Pistol; he then demanded my Money, which I gave him.
Q. Was it the Length of a Horse-pistol?
Sleep. Not quite so long I believe. When he demanded my Money, I told him I had but little; I was going to see my Wife, and I had not Occasion for much Money, so I gave him my Money, which was 6 s. it happened to be in my Pocket alone, for I had changed a Guinea that Day, and paid 15 s. for the King's Tax; then he asked me for my Watch, and afterwards he demanded my Perriwig; it was a frosty Night, I desired him not to take my Wig, for I should catch cold; I told him it would do him very little Service, I did not wear costly Wigs, so for that Reason I obtained my Wig again; then he went to the other Person in Company, to whom he swore if he stirred a Foot further, he would strike him dead, still joining Oaths to his Words.
Q. Was that Menace made to the Carter before he robbed you?
Sleep. During the Time of his robbing me.
Court. Then the Carter stood still during the Time he was robbing you?
Sleep. Yes, Sir, he went and demanded Money of him, but I don't remember that he had any of him. I forgot one thing, my Lord; before he left me, he insisted upon my swearing I would say nothing of what had past; I told him I was never used to swear since I was 18 Years of Age, and am now upwards of forty; I said I would lose my Life rather than I would swear an Oath; then he left me, and said two others would have robbed me if he had not; I said then what shall I say if any Body should attack me; he said, say Thomas, that was the Word, upon that he rode off; after he had given me that Instruction. I rode forwards towards Harrow; and in about a quarter of a Mile, I did meet two Persons, who rode swiftly past us, who said nothing to us, nor we to them; and I judged they were the Highwaymen, and had some Intelligence that they might know that he had robbed me, and so thought it in vain to stop us any more. So I said to the Man in Company, these were the two Men that he told us of, they had the Appearance of Highwaymen; for 'tis not usual for Persons passing in the Night, but they say good Night, or something to that Purpose; so I apprehended these were the Persons he mentioned; one was on a black and the other on a white Horse.
Q. What Horse was the Prisoner mounted upon?
Sleep. Upon a brown Horse, a very fine one. - I says to the Carter, I'll follow these two Men, I believe they belong to him, and by following them, perhaps we shall come to the Knowledge of this Person; so then without going to my House in the Country, I turned back towards London. As soon as I came over against the Place where I was robbed, I heard two Horses jump into the Field, and I could hear the Horses Hoofs trumpting at a great Rate between Edgware and Harrow Road; I rode on further to Hodsden-green, there I met several Persons that he had attacked, one Man had lost his Horse, and they rode towards London, so did I; they thought
Court. You say it was about the Hour of Five when you set out from Falconbridge-court, and you say you rode about five Miles from thence, between Stone-bridge and Hodsden-green, and the Prisoner came up to you; as it was dusk, how came you to know that the Prisoner at the Bar was the Person you met?
Sleep. That Person at the Bar was so near me, and the Moon shone so bright, that I could see his Face as plain as I can now. I told the Carter I had seen him before; I knew the Prisoner a Boy, I knew his Grand-mother, and I am now sure I am not deceived in his Face. I am certain he is the Man.
Court. Now, Mr. Sleep, you say it was the 18th of October last; how long might you take in going from Falconbridge court to this Place where you met him?
Sleep. I can't say, I did not ride fast; I apprehend I was about an Hour in riding of it, hardly so much.
Court. You said you should know him again; and that upon Reflection his Grand-mother you knew, and you knew him a Boy?
Q. When did you see him since the Time you was robbed?
Sleep. My Lord, I knew him to be the Person, by recollecting his Face.
Q. Have you your Watch?
Sleep. Yes, I have the Watch that was taken from him, and the Watch I could tell from a Thousand.
[The Watch was produced in Court]
Q. How came you by this Watch now?
Sleep. It was advertised that this Henry Simms was taken, after he robbed me, and he was committed to Bedford-Goal; there was another Circumstance occurred, that this Person, the very Saturday Night that he robbed me, he came to an Acquaintance of mine in Monmouth street; they told me that such a Person, Henry Simms , was advertised and taken up for the Highway, I said that is the Person that has robbed me; says they he was here that very Night he robbed you, and pulled out a Watch, such a Sort of a Watch as you described, and said, Was it not a Pity a Man should die for such a thing as this? he wanted a Pair of Boots in Monmouth-street, so then I said he was the Person that robbed me, and I had a Desire to go and see whether or no he had my Watch in Possession, but I let the thing lie a considerable Time, till I went into the Country to see my Mother; so I had the Curiosity to go from Luton to Justice Nodes at Bedford, and after I described my Watch to him, he brought it out.
Q. And you swear that is the Watch the Prisoner took from you?
Sleep. Yes, my Lord.
Prisoner. My Lord, please to ask him whether he knew me before the Time that the People told him I was there to buy a Pair of Boots.
Q. to Mr. Sleep. When did you know him?
Sleep. They knew him, my Lord, as well as I.
Sleep. No, I did not, my Lord.
Court. Prisoner, have you any other Questions to be asked?
Prisoner. Ask him what Time of the Night it was, whether there was any other Persons nigh at that Time; whether I hollowed cut or any Pistol fired, or any Person asked him for a Hat or Wig.
Q. to Mr. Sleep. Was there any Body near you?
Sleep. There was no Body but the Carter.
Court. You say you met several People, did you communicate the Robbery to the People you met ?
Sleep. Yes, I told them of the Robbery.
Q. to Justice Nodes. Do you know any thing with Relation to the Prisoner's being brought before you, or conveyed to Bedford Goal, or any thing taken from him?
Justice Nodes. On the 20th Day of October last, I was informed that the Warrington Coach was robbed, and they had taken an Highwayman; when the Prisoner was taken, there were three Watches taken from him, one was a gold one, and one of the silver ones this Witness came and owned; when under Examination, the Prisoner confessed that between Harrow on the Hill and London, he had robbed several People.
Justice Nodes. I did deliver the Watch taken from the Prisoner, to Mr. Sleep; when under Examination he did own to me he had robbed several Persons between Harrow on the Hill and London, the 18th of October.
Justice Nodes. No.
Prisoner. I am sure it was not a proper Officer that search'd me; I don't know what they might put into my Pocket.
Q. to Mr. Sleep. Is that the Watch you was robbed of?
Sleep. Yes, my Lord, it is.
Court to the Prisoner. Would you ask any Questions to the Justice of Peace?
Prisoner. Ask him whether he found that Watch upon me.
Court. He does not say that he found it upon you; but you hear what Mr. Sleep and the Justice has sworn; Have you any Witnesses to call, or any thing to say in your Defence?
Prisoner. As for bringing of People to my C haracter, 'tis only troubling the Court; but I apprehend the Law is so tenderly made in such Cases, that I don't think any Jury in the World will bring me in guilty upon this, to have a Bill found against me, when the Witness did not know that I was the Person, till I was at a House buying a Pair of Boots. I shall say no more, my Lord, at present.
Court to Mr. Sleep. The People told you that he had produced the Watch?
Sleep. Yes, Sir.
Guilty , Death .
150. + Edmund Henley was indicted with above twenty other Persons, for that he after the 24th of June 1736, to wit, the 14th of April last, at Northforeland, in the County of Kent , being then and there armed with, and carrying Fire-arms, and other Weapons, to wit, Blunderbusses, Pistols, Guns, Sticks and Clubs, feloniously did assemble themselves together, in order to be aiding and assisting in the clandestine running, landing and carrying away certain uncustomed Goods, (to wit) four thousand Pounds Weight of Tea, then imported here from Parts beyond the Seas, for which certain Duties were payable to his Majesty; to the Terror of the King's Subjects, to the Hindrance of his Majesty's Officers of the Customs, in the Execution of their Office; to the Diminution of the Revenue, against the Statute in that Case made and provided; against his Majesty's Peace, his Crown and Dignity .
Council. Please your Lordship, and you Gentlemen of the Jury, I am Council in this Cause for the King against Henley the Prisoner at the Bar, who stands indicted of a Felony for being armed, and carrying Fire arms, in order to be assisting in the carrying off of four thousand Pounds Weight of uncustomed Goods; this Indictment is laid as being against an Act of Parliament of the ninth of his present Majesty; this was laid to put a Stop to that infamous Practice of Smuggling that has prevailed over the Kingdom; we shall prove to you, that the Prisoner has been pretty well known for some Years past to be a very notorious Practitioner in smuggling; he is a Person that has went by the Name of a Captain among them.
The particular Fact upon which he now stands indicted was in April last, that he with about thirty other Persons were assembled at Northforeland, there they were armed with Fire-arms, Pistols and Blunderbusses; their Purpose in coming there was in order to assist, to be helpful in running and landing some Tea, that was brought in a smuggling Cutter, belonging to one King; they landed about four thousand Weight of Tea, loaded it upon Horses, and proceeded in a Body together; these People so armed went from the Place where they run this Tea, they kept in a Body together, when they were come to a Place of Safety, then they dispersed, and carried their Goods away to their several Places. Gentlemen, we shall prove that the Prisoner at the Bar was one of these Persons.
Council. I am Council for the same Side. Gentlemen, you all very well know the Necessity of publick Prosecutions of this Kind, 'tis a Practice of such a Nature, that the Consequences of it are so extensive and obvious, that there is hardly any Ocsion to mention them: it tends in the first Place to the Prejudice of the Fair-Trader, because these Persons not doing Justice to the Publick, are capable of selling Goods at an under Rate, and that Trader, that trades fairly and honestly, must be a Sufferer by this Practice.
In the next Place, it immediately tends to the Diminution of the Revenue, and that Diminution does not effect the Crown merely, but it effects the Subjects of Great Britain, because you all know the Duties laid upon those Sort of Goods, are appropriated to answer a particular Part of the national Debts; the Consequence is, if any Diminution is made upon them, the Legislator must lay new Duties upon the Publick, and it will effect every Man that is to contribute to them.
Besides, this Gang of Smugglers are grown to that Pass, that they are too big for the Law itself; every body knows what Riots, and Tumults, and open Violence in Contempt of the Laws of the Country, and indeed setting the civil Magistrate at Defiance; therefore Practices of this Kind call upon those entrusted with the Government of the Nation, to look closely into them, and, if possible, put a Stop to the Consequences that result from them. Gentlemen, you perceive by the Act of Parliament, it is an Offence of a peculiar Nature, not an Offence of runningEdmund Henley , who was so notorious in the County of Kent, that, according to my Instructions, he was Captain, and stiled Captain of one particular Gang; the Question will be, whether we can shew you, according to this Act of Parliament, whether he was actually assembled, with other Persons armed, in order to be assisting in clandestine running of Goods: It happens in this Case that there can be no doubt in the Evidence we shall lay before you because we shall not call Witnesses who were at a Distance, and might mistake the Person, but we happen to have one of the Confederates, who was actually concerned with him, who could not be mistaken with respect to the Prisoner, he being with him in Northforeland, in the County of Kent.
Smith. Yes, Sir.
Q. How long have you known him?
Smith. Six Years.
Q. What has been his Employment?
Q. Did you know him in April last?
Smith. I knew he was concerned in landing Goods at Northforeland; he there was with a Carbine and Pistol, at the landing of Goods from a smuggling Cutter, belonging to one King.
Q. What did they land out of that Cutter?
Smith. Tea and Brandy.
Q. Had that Cutter paid any Duty?
Q. How many were there ?
Court. We won't ask you particularly of them?
Council. What Quantity of Goods did they land?
Smith. Above thirty hundred, and he, the Prisoner, helped land them, and he had two Brothers down at that Time, and two drove Horses; he came away with us from the Beach.
Council. And he went away with these drove Horses?
Smith. Yes, he did.
Council. What was the general Title he passed by there?
Smith. He went by the Name of Captain at Folkstone; he went by the Name of the Captain of the Irish; that Gang was called the Irish Gang, and this Man was the Captain of them; they used to call him Captain Henley .
Council. Did you observe him with them ?
Smith Yes, he always was very grand, and shewed himself very high.
Council. Did he direct the others?
Smith. He always directed the Men he had under him; there were two Brothers he had.
Council. How long was you concerned in landing this Tea ?
Smith. About as Hour and half.
Council. Was the Prisoner there all the Time?
Smith. Yes, all the Time.
Council. Then this Folkstone is a pretty general Place of landing?
Council for the Defendant. You say it was in April last?
Smith. It was on or about the 14th of April.
Council. What do you mean by about?
Smith. It was either the 13th or 14th of April.
Council. What Quantity of these Goods was there ?
Smith. About thirty hundred.
Council. What time did you meet the Prisoner ?
Smith. About Six o'Clock in the Evening.
Council. How long did you stay together ?
Smith. Till between Twelve and One.
Council. Where did he go afterwards?
Smith. I can't tell.
Council. I think you say you have known him six Years, has he followed no Business, no Shop-keeping Business?
Smith. I have been at his House.
Council. How long of your own Knowledge has he kept a Grocer's Shop?
Smith. I can't tell, I never was at his House but once; he used to come down to the Country.
Council. How long did you see him before he carried off these Goods?
Council. Pray how far is this Northforeland from London ?
Smith. 'Tis as far as you can go by Land almost.
Council. I don't know that Country; Can you tell the Number of Miles?
Smith. It might be 100 Miles, four Score Miles to be sure.
Council for the Defendant. Did you see him any other Time before the 14th of April?
Smith. The Day before.
Council. You can't fix exactly whether it was the 13th or 14th of April?
Smith. I am sure 'twas the 14th.
Council. Have you ever made a Discovery of this before any Body?
Council. You yourself was there among them?
Council. You know there is a Reward? Don't you know that there is 50 l. belonging to you for discovering your Accomplices?
Council. Where does the Prisoner keep this Grocer's Shop ?
Smith. I can't tell directly the Place?
Council. I now ask you whether you speak positively to the 14th of April? you say you parted the 15th.
Smith. We parted the 15th when we came up into the Country; we parted in Hatfield.
Council. How many were assembled together at the Time that you parted ?
Smith Seven or Eight of us.
Council. Had you Tea then?
Smith. Yes, all of us were armed, and had Tea.
Court. Had he two Drove Horses?
Court. Who took Care of these Horses ?
Smith. His Brothers; he rode before, and paid the Reckoning at the Houses where we called; paid the Reckoning for his Brothers and the other Men.
Council. Do you know the Prisoner at the Bar?
Council. How long have you known him?
Shaw. For two Years; about two Years ago I sold him a House.
Council. Do you recollect seeing of him in any particular Day in April last ?
Shaw. He bought a Horse of me on the 10th of April; and he came the 14th of April, and took him away.
Council. At what Time of the Day did he come?
Shaw. I can't particularly say, it was a great while ago; I believe it was before Dinner; he went out upon the 14th, and came in the 15th.
Council. Did he go on Horse-back, or was it a Chaise Horse?
Council. Have you any particular Reason for it ?
Shaw. No other Reason but from the Date of the Book; I am satisfied he was there upon the 14th.
Council. What Time might he come back on the 15th?
Shaw. I don't recollect the exact Time.
Council for the King. What Sort of a Horse was it you sold to him two Years ago? it was a good strong Horse, I suppose, fit to carry a Burthea ?
Shaw. Sir, it was fit to carry me.
Council. You say one of these Times that he came to you, you lent him a Sum of Money; how does that appear?
Shaw. Because I had it, or I could not have let him have it.
Council. You say he came the 10th, and on the 14th; was it upon the Day he went out; or the Day he came in, you lent she Sum of Money? Can you produce that Note?
Council. If I understood you, he bought the Horse of you the 10th of April, and you say that Horse was taken away the 14th, do you speak this of your Memory or Book?
Shaw. From my Memory and Book.
Council. When did you look upon your Book, to refresh your Memory?
Shaw. I can't say, perhaps it might be two Months ago, I was overhalling of them.
Council. Have you not looked at those Entries these two Months ? when did you see them?
Shaw. It might be six Weeks or a Month ago; I can't be punctual to the Day.
Council. I ask you whether you have looked within this Month?
Shaw. Yes, I have.
Council. How came you to say two Months ?
Shaw. If I have looked upon them within this Month, I have within two Months.
Council. True, but you might have brought it a little nearer.
Shaw. I believe I have looked upon these Entries within this Week.
Shaw. I speak from my Memory and these Entries.
Council. Can you speak from your Memory without referring to your Book, of his being at your House the 14th of April ?
Shaw. I believe I can without referring to the Book.
Council. Now I would ask you whether there is any Entry of this Horse the 14th of April, and who it was delivered to?
Council. Oh, Sir, I did not understand, then he belongs to some Regiment; he was a Horse Officer; he had a Number of Horses of you, had he not? here was the Chaise Horse, and another, you sold him; so he is a Captain, I thought he had been a Grocer?
Shaw. He was called Captain at our House.
Council. What was the Chaise Horse worth?
Shaw. Twelve Pounds.
Court. By whom was the Horse brought the 10th?
Shaw. He brought the Horse himself, and had him on the 14th.
Council for the Defendant. Do you know the Prisoner? Tell what you know of that Matter; upon what Account did he use your Master's House?
Batson. He bought a Horse of us the 10th of April.
Council. How long did it stand in your Master's Stable?
Batson. It stood till the 14th; he came to look at it between the 10th and 14th, to look at it once or twice; the 14th I got him a Chaise, and he went out and came in the 15th.
Council. How long did the Horse stay in your Stable afterwards ?
Batson. Till the 18th.
Council. Is that writing in that Book your own writing ?
Batson. This is my true Account.
Council. When did you write that down?
Batson. I wrote it when he came in.
Council for the King. Will you take upon you to say, that every Entry that is made there is your's; that you wrote this upon the and 14th of April?
Batson. Yes, Sir.
Council. Do you use constantly to make an Entry of every Horse that comes in ?
Council. How came it in your Book ? There is no Notice of any thing in your Book from February to April. You say, you came in February; there are Entries made to July; then comes an Entry in another Hand, in October and November: Then you go back again from April the 10th; you have Captain Henley's Court, as you express it.
Lepard. It was given me by the Prisoner; and I went to the Gentleman, Mr. Riley, and he accepted it; he said it was his Note.
Council. When did the Note come to your Hand ? Was there any Debt owing to you?
Lepard. He owed me about eight Pounds for Goods sold
Council. Why is not Mr Riley here?
Lepard. He is ill a-bad, or he would have been here?
Council. It should be proved, that the Note was given by Mr Riley that Day; this Note might have been signed at Northforeland, as well as London. Have you been with Mr. Riley this Morning?
Lepard. Yes, Sir; in order to be a Witness.
Council. What is the Reason he gives why he does not come?
Lepard. That he is very ill, he is in a Sweat a-bad; he attended here all Day yesterday.
Council. Do you know Mr. Riley's Hand-writing ?
Lepard Yes, Sir?
Council. Mr. Riley must be a very odd Man not to pay a Note of five Guineas in a Year's Time. Does this import the Time when he gave it. You produce it as a conclusive Evidence, that on the 14th of April the Prisoner was in Town; which I can by no Means admit of; that Note might have been signed at Northforeland, as well as at London.
Harrison. I live by the Seven Dials. I have known him four Years.
Council. Was he a Customer of your's.
Harrison. Yes, Sir.
Council. Do you remember seeing of him at any Time about April last?
Council. What Day did you carry the Wighome ?
Council. Can you tell how near the 15th of April?
Harrison. I tell you, Sir; I looked in the Almanack; yesterday. Morning, and see the Time of the Race was about the 13th of April; it was about the 12th or 13th of April: it was the first or second Sunday, I can't tell which.
Council. Did you see him the Day after you delivered the Wig.
Harrison. I think I did.
Council for the King. So the Prisoner bespoke his Wig a Week before the Person that came from New-market Races. I understood at the first that the Prisoner bespoke his Wig one Day, and the, Gentleman the next.
Harrison. It might be a few Days I can't be positive.
Council. Was it not two or three Days before this Person came up from the Races at Newmarket ? I don't know whether you are acquainted with New-market; because I believe their Races hold the whole Month of April
Court. Are you positive you saw the Prisoner the Day after the Wig was delivered?
Harrison. I am pretty positive of that.
- Kelley, the Lawyer. It was but yesterday Morning I looked over my Book cursorily, to see if I could find any Entry or Transaction with the Prisoner on the 14th of April; he called on me in the Morning, my Wife being advised by her Physician to go into the Country for the Air, I asked him about a Chaise, and he recommended me to the Red-lion in the Borough; there we had a Pint of Wine: He lent me his House almost every Night, and I returned again in the Morning: I believe, upon my Oath, I saw him almost every Day; he dined with me, he and his Wife, the first of April. I believe I saw him the whole Month of April.
Council. Can you be very sure the Defendant was with you at the Red-lion?
Kelly. He was, to the best of my Memory; and it was upon his Recommendation that I went to hire the Chaise.
Council. Can you remember who else was with you?
Kelley. I believe the Man of the House was there.
Mr Cappadocia. I know him to be a very honest Man.
Council. How long have you known him?
Mr. Cappadocia. About three Years. I know nothing more than as honest Man, industrious if I could serve him I should be glad to serve him, because I believe him to be an honest Man.
Council. What Business is he?
Mr. Cappadocia. A Grocer. If I want my thing at my House, I have it of him: If it was five or six hundred Pounds, he should have it for any Time.
Council. Where do you live ?
Mr. Cappadocia. I lived in Cavendish square; from thence I have moved again to the City: I went to the other End of the Town for my Health.
Council. You did not live nearer to the Prisoner than Cavendish street ?
Mr. Cappadocia. I lived in Broad-street.
Council. How come your Acquaintance?
Mr. Cappadocia. I can't recollect that.
Council. I want to know whether you did meet him often or not, or whether you only knew him as a Grocer, serving your Family; what Title did, he go by at your House ?
Mr. Cappadocia. Mr. Henley.
Axford. I live in Wood-street.
Council. Do you know the Prisoner at the Bar?
Axford. Yes, Sir, I have known him eight or ten Years, and he always had a good Character; I have sold him a great many Goods, and he always paid me very honestly; he dealing Cloth.
Council. He is a Grocer, is he not; how came he to deal in Cloth?
Axford. From Holland he brought over Irish-Cloth.
Council. Did he deal in Tea ?
Axford. I have sold him Tea.
Council. Did you never buy Tea of him?
Axford. Yes, I have bought and sold him Tea.
Council. Did you hear of his being a Smuggler?
Axford. I have heard of it formerly.
Valentine Husband. I have known the Prisoner about three Years, the Man always behaved very well in the Neighbourhood.
Council for the Defendant. Do you believe him to be an honest Man, do you think so?
Council for the King. Do you believe him to be a Smuggler, Sir.
Husband. Sir, common is not to be regarded.
Pruser. Between three and four Years.
Council. What Business are you?
Pruser. A Sugar.
Council. What is his general Character ?
Council for the King. Did you ever hear he was suspected of Smuggling?
Pruser. The People will report Things.
Council. The People will report it.
Christopher Pearson . I have know the Prisoner five or six Years, I never had any Conversation, with him with Regard to his Trade; he has bought of me several Parcels of Linen, sometimes ten, sometimes fifteen, sometimes twenty Pounds worth; he has in that Respect behaved very honestly to me.
Council. Did you never hear he was suspected of being a Smuggler?
Pearson. No, Sir.
Council. Do you live near him?
Pearson. I live in Wood street.
Q. to - Setretaree. What Character does the Prisoner bear among the People that you know?
Setretaree. He has the Character of a very honest Man.
Council. Is he a Captain, pray?
Setretaree. I never heard he was called Captain, or counted a Smuggler.
Smith. Seven Years; he lodged at my House six Months.
Council. What is his general Character?
Smith. A very good one; I have bought Pieces of Cloth of him, and I have bought Cheese and Butter of him.
Staples. For two Years and an Half?
Council. What is the general Character that he bear?
Staples. As to that I can say but little, one way or another, but he is not a Man that ever I had a great Opinion of.
Council. I ask you upon your Oath, whether he is a Man to be credited ?
Staples. I rather think he is not.
Council. What is the general Character of Smith in his Neighbourhood?
Staples. Not a very good one.
Council for the King. I suppose not a very good one, because he appears an Accomplice with these Smugglers.
Staples. I believe once, Sir, he stopped a Man upon the Highway, and took a Watch from him.
Council. Was he ever prosecuted for it? was you concerned with him?
Staples. No, Sir.
Council. How came you to suspect it then?
Staples. Because he brought it to me; he told me to the best of my Knowledge, that he had taken a Watch from the Man, or he gave it him, I cannot say which, he told me it belonged to a Gentleman whose Name was Hammon.
Council for the King. Then if I understand you, the Man had given you the Watch; why surely you could not be a Man of so bad a Character, that any Man would come to you, and tell you he had stole a Watch, and offer it to you?
Staples. The Reason that he did it, he offered the Watch to another Man before he came to me; he brought it to me to send it to the Gentleman the Owner.
Council for the King. Now you and I differ very much; that seems to be a very honest Act to return the Man the Watch: Then you would insinuate from this round about Story, that this Man stole a Watch; and you having such a Character in the Country, that you was a proper Person to bring stolen Goods to: This is the History of you and your Neighbourhood.
Staples. I keep a Publick-House, rent 177 l. a Year; and likewise keep a Turnpik.
Thomas. He has a very bad Character, he robbed Mr. Hammon.
Council. Do you know that he robbed Mr Hammon ?
Thomas. No, but I saw the Goods upon him, and he owned it.
Council. Is he a Man to be credited?
Thomas. No, he is a Fellow of a very bad Character.
Council. Do you believe the Witness to be a Smuggler?
Council. Don't you think then he was acquainted with the Smugglers? Don't you believe he can tell the Truth who was a smuggling with him? So because you know him to be a Smuggler, you don't think he is to be believed, because he says any Body else is so; as he enters so particularly into the Character of the Witness, we shall give an Account of
Care. In March, or April last, was the first of my particular Acquaintance with him.
Council. What Character did he bear?
Care. He was counted a Smuggler.
Council. Did not your Acquaintance with him begin upon that Account?
Care. I never did smuggle with him; I have been a Smuggler myself; he was counted a Smuggler.
Pile. He has a great Character for smuggling, and running of Goods: I have had Informations against him.
Council. What are you?
Pile. I am an Officer in the Customs.
Walker. I had an Information against his House; I can't tell any otherwise.
Council. What are you?
Walker. I am an Officer of the Customs: I had an Information against his House; but I found nothing.
Council for the King. I must beg your Lordship, and Gentlemen of the Jury, to take notice that the Fact we charge the Prisoner with, is sworn directly and positively by an Accomplice with himself, who could not but know whether he was or was not there, let his general Character be what it will, in the Manner of his dealing with other People; there is plain and direct Proof the Prisoner is guilty of this Fact, whatever other People believe of him, that are his Friends and Neighbours. The Defence they have set up is, that he was in another Place at the Time when he was concerned in the landing of these Goods: For that Purpose they have produced one Shaw, who tells you he keeps a Publick house in Southwark; that he has kept the Publick-house for three Years, and he has known the Prisoner for two Years; he sold him a Horse, and upon the 10th of April last he bought a Horse at his House; he went out the 14th, and back again the 15th of April; and, to confirm this, he appeals to his Stable-keeper. But observe, that he himself tells you, that the Prisoner is a Captain; he passes among themselves and his own Friends by the Name of Captain, when he is in no Regiment.
You see, Gentlemen, that he deals in Horses with this Man pretty much: This Account that the Man himself gives of his House, pretty much corroborates what by the Witness we called to the general Account of it. Shaw, he believes it to be the 14th of April, from his Book, and his own Memory; he plays backward and forwards, with relying upon one and another: In this likewise he tells you, he went away from his House in the Morning before Dinner, and came back again the 15th.
To corroborate him, comes the Hostler and the Stable-book. The Hostler tells you, he knows the Prisoner, but he has not lived above Twelve Months in the House: He entirely grounds himself upon his Stable-book, where he had entered, Captain Henley came there the 10th: The Entry is produced, I wish you would look at it; because I think it is difficult to make any thing by that Entry, it comes in very oddly. But, Gentlemen, he contradicts his Master. In another Part of his Evidence, he tells you, it was not till the Afternoon, the 14th of April, he went away. It is not impossible, but that a Man might be in Southwark in the Morning the 14th of April, and a smuggling the 14th of April too. The Master says he went away in the Morning, the Hostler in the Afternoon; and he builds the whole of his Evidence upon what he finds upon an Entry in his Stable-book, which may answer any Purpose he may apply it to; for I believe fearce any Man in the Kingdom can understand it. As to the Note Mr. Riley is said to give to Mr. Henley the 14th of April; he produces no Sort of Evidence; they could not make it Evidence; the Gentleman that gave it does not appear: Supposing it might be dated the 14th of April, it might be at Northforeland, as well as at another Place; so that Evidence is to have no Place at all.
The next Person produced, he tells you he is a Peruke-maker. Some time in April last the Prisoner bespoke a Bob-wig of him; which Bob wig he delivered to him; the same time he received Orders to make a Wig for another Person: He says the first was in April, and, as near as he can guess, it was about the 12th. The Circumstance upon which he would pin this upon that Time of the Month is, that this other Person came from Newmarket Races, and what he grounded his Assertion upon, was his looking upon the Almanack; but he does not tell you why he is apt to believe that Person was come from the Races: If he came from the Races, he must come from the Races before the Races began: He speaks positively to nothing at all; he does not fix it certain to any Day.
The next Witness, Mr. Kelley, he has looked over his Book, as it is very natural for him to make Entries:
This is the only Evidence set up in Defence by the Prisoner, and these, by collecting of them, don't exactly tally one with another; these Circumstances, so connected together, don't seem to have any natural Cohesion at all; but these are the Circumstances to take off the Weight of a positive Evidence of a Person that was aiding and assisting in his Company. The Evidences they have called, I don't impeach their Characters at all, that he has had Dealings with them, and he has paid for what he has bought of them; and therefore, upon their Dealings, they have no reason to suspect but he is an honest Man: All that being allowed, it does not prove, he does not smuggle: And especially most of these Gentlemen, when they came to be asked, could not but acknowledge that he had the common Reputati on of a Smuggler. Now common Fame is no Proof; but common Fame will produce a strong Suspicion upon a Man, when he is charged with a positive Fact.
What they have farther attempted, was to impeach the Character of a Witness called for the King. This they have done by the Oath of one Man, who tells you, that he don't think this Man upon his Oath is to be believed, because he brought him a Watch, that he said a Gentleman had gave him, and that he did not believe it was rightly come by; and Smith, the Witness, wanted him to send it to the Gentleman that it belonged to.
Now that, Gentlemen, I will leave for your Consideration, whether there is any Foundation to imagine that can be a Reason why the Man may not be credited upon his Oath.
The next, Mr. Thomas, he tells you he don't know Smith's Face, but he knows his Actions; he has a Hearsay, but he can't tell upon who, for he don't know his Face; and he believes this Man was capable of some particular Fact, and which, if true, he must try after another Manner; and this is his Ground, why this Man, that he never saw his Face, is not to be believed. These are Facts to take off the Weight of what we have laid before you on the Behalf of the Crown; you know the Danger of these Kind of Practices, and I hope you will give your Verdict accordingly.
Herbert. He worked Journey-work with me; he committed the Robbery in the County of Essex; on Sunday the 11th of January they were stolen; on Monday I missed these Goods: I said I am robbed, I am robbed, I am undone!
Q. Where was this?
Herbert. At Chelmsford; the 11th of January my Lodger, after she heard me say I was robbed, she said, did you not come in the last Night, between the Hours of eight and nine, did you not tumble over the Pail? I said, no; she said she heard some Body come in, and go up Stairs, and open your Drawers; upon this I had a Suspicion of this Man's stealing these Goods; I had a Jealousy of this Man, and pursued him into the Country to Witham, and from thence to London; I pursued him here to London, and found him in Drury-lane; I challenged him with it, and he confessed it to me immediately; I said, what is become of the Breeches you made on Saturday? I says I shall lose my Trade; I said if the Coat is not found, I must never go Home again any more; he directed me where to find it immediately of a Pawnbroker; the Coat was at one Place, and the Breeches at another.
Q. What did you do upon this?
Herbert. We went before the Justice, and I was bound over to prosecute.
Q. to the Prisoner. Would you ask him any Questions?
Prisoner. My Lord, I never directed him, nor told him any thing about it; but he frightened me so with catching me, that I did not know what I was saying.
Lankake. I can't say that I know the Person; I have seen him before the Justice; we had something that the Prisoner sent, which he owned before the Justice.
Q. Which was brought to you, the Breeches or the Coat?
Lankake. The Breeches.
Q. What did the Prisoner own before the Justice?
Lankake. He told the Prosecutor where to find his Things.
Q. Did he mention the Coat as well as the Breeches?
Lankake. They had the Coat first.
Lankake. The Prisoner said they were the Prosecutor's; he said he owed Mrs. Petty something for Lodgings, and she brought them to me.
Q. Was the Coat produced before the Justice?
Lankake. Yes, he said he had them both from the Prosecutor's House.
Bell. This Coat was brought to us to pledge by one Mrs. Petty.
Q. Was any Warrant brought to your House?
Bell. The Prisoner came along with the Constable for it; they demanded it, and it was brought down and carried before the Justice.
Guilty 10 d.
Q. What Waggon?
Turney. St Niot's Waggon, that comes from Hundington; I saw this George Parsons come cross the Yard, and he goes cross the Stable, where there were some Sacks of Flour; and I had a Truss, that stood in the Yard, where I kept the Book belonging to this Waggon, where there were two Parcels; and one of these Parcels were Tea, two Pounds of Tea; I charged it to George Parsons ; I am Book keeper to the Waggon, it was committed to my Care; what is lost I am to make good; I was making a Binding the near Side of the Waggon, and I saw George Parsons go out with this Parcel under his Coat; I ran immediately to the Parcel, and I missed one of those Parcels; I followed him immediately after I missed the Parcel; I ran out after him, but I was afraid I should lose other things; I did not take him immediately, I went and loaded my Waggon, and afterwards I went in search after him, and last Tuesday Night I took him at Hick's-Hall Gate, then he owned the Fact.
Q. What did you charge him with?
Turney. I charged him with stealing two Pounds of Tea; I told him if he would tell me where it was, or pay me for it, I would not hurt him; so he desired to go up Stairs; and he said, will you not hurt me? I said I would not; then he confessed he had sold the Goods in Fee-lane for 6 s. I told him, George, I will not hurt you, if you will tell me where it is: and he told me that he sold it to a Woman in Fee-lane for 6 s. one Part of it, and the other Part he sent into the Country.
Q. Any thing else?
Turney. We went before the Justice, and he said before the Justice he had taken it, and sold it for 6 s.
Q. How do you know it to be that Tea?
Turney. I can take my Oath of it, because I brought the Parcel out but about a Quarter of an Hour before.
Court. You have informed us in the Course of your Evidence, that you would not hurt him; how came you to endeavour to get his Confession in that Way, and then set up a Prosecution? You got his Confession at the Breach of your own Word, which should be sacred to every Man.
Moor. He owned he had the two Pounds of Tea; and that he took it off that Truss
Q. Where did he first own it?
Moor. He owned it at the Golden-lion in St John's-street; he owned that he sold it in Fee-Lane for 6 s.
Q. to Turney. Did you see him take it off the Truss?
Turney. I did not see him take it off the Truss; but I saw it under his Coat.
Court to the Prisoner. What have you to say?
Prisoner. I beg their Pardon, Sir, and must make them Amends, as they said they would not hurt me.
Guilty 10 d.
Q. to De Barker. What have you to alledge against the Prisoner at the Bar?
Q. What Time of the Day did you miss it?
Barker. I missed it in the Afternoon; it was the Property of one Mr. Harrison in the Temple; I had it to clean.
Q. Have you found the Clock again?
Barker. I found the Clock again in this Gentlewoman's House.
Q. Do you know who took it away?
Barker. I believe the Prisoner.
Q. When did you find it?
Barker I found it last Wednesday.
Billings. I live at the Turn stile in Drury lane.
Q. What have you to say against the Prisoner?
Q. What did he say?
Billings He said his Father had fetched it out of Pawn, for five and twenty Shillings; I gave him a Guinea and a half for it, and he cheated the Prisoner out of a Crown of it, for he gave him a Crown less than I gave him; when the Constable came to me, I delivered the Clock last Tuesday.
[The Clock was produced in Court]
Franket the younger. The Prisoner brought this Clock to my Father, and he lent him Money upon it.
Q. When did he come to your Father to lend him Money upon this Clock?
Franket About three Weeks ago the Prisoner came to my Father, and told him he had a Clock in Pawn for 16 s. which was his Mother's; my Father went with the Prisoner to get it out of Pawn, and they brought the Clock back with them.
Q. When the Clock was brought back, what then?
Franket. When the Clock was brought back, my Father made the 16 s. up a Guinea.
Q. Did your Father give the Remainder in your Presence?
Franket. I did not see him.
Q. What did they do afterwards?
Franket. The Prisoner at the Bar came several Times to my Father, and wanted more Money upon it, but my Father said he would have no more to do with it; so the Prisoner came afterwards to fetch the Clock; he said he would let him have what Money he advanced for it; and my Father sent me as a Security along with him; to bring his Money back again.
Court. You went with him, where did you go?
Franket. As we were going along the Street, he (the Prisoner) said he would not carry it to a Pawnbroker's, they would not let him have so much Money upon it, so he would sell it out right.
Q. Where did you go then?
Franket. So Mr Horn made Answer, and said he could carry him to an honest Person's House, that would give him as much as any Body; so we went to Mary Billings 's House; he said if I could get three or four Shillings to buy him some Victuals, besides what would pay my Father, I might have the rest; he did not go with me to sell the Clock, because he had never a Hat, but stood over the Way; while we were dealing about the Clock, Mary Billings asked whose Clock it was, she asked me who it belonged to, and I showed her the young Man.
Franket. She gave me a Guinea and a Half, and I gave him 26 s and kept 5 s for myself.
Q. Did you tell him what you sold it for?
Franket. No. he asked me no Questions, but was very well satisfied
Court. This is a bad way of dealing, you make yourself a Party.
Prisoner. He told me he sold it for no more than five and twenty Shilling.
Q. What is the Prisoner?
Franket. He was an Apprentice by us in Red-lyon-Square.
Horn. About a Fortnight or three Weeks ago, I went into Franket's for a Pint of Beer; when I came in, young Franket and the Prisoner were going to pawn this Clock.
Q. Did you know the Prisoner before?
Horn. Very slightly; I never was in his Company.
Q. What Discourse had you with the Prisoner at the Bar?
Horn. None at all, my Lord; Mr. Franket desired. I would go with them; the Prisoner said he believed he could not pawn it for so much as would pay Mr. Franket, and he said he would sell it; so I told him of a Person that I had known a great while, that would give as much as any Body; so accordingly I went to this Gentlewoman's Husband, but he was not at Home, but the Gentlewoman was, so I went and shewed him the House; so Mrs Billings gave him a Guinea and an Half for it.
Q. Did he say any thing else going along?
Horn. No, my Lord.
Q. Was there any Question asked by Mrs Billings, when she bought it?
Horn. While she was giving him the Money, says she, whose Clock is it, is it your own? is it that young Man's that stands over the Way? then she made Answer again, he is a Clock-maker; says Franket the younger, he is, for he has a green Apron on.
Q. When you came back again, what did he do with the Money?
Horn. Whether he gave it his Father, or what, I can't tell; when we all came back, he (the Prisoner) was very free, and offered to treat me at Mr. Franket's House, with Half a Crown's worth of Punch.
Franket. He had a Pint of Beer, and said he was almost starved, and had not a Shoe upon his Feet, and he wanted Money to fetch a Clock out of pawn, that he had made almost all himself; he said if I would do it for him, he should be bound to pray for me as long as he lived.
Q. Where did he say the Clock was pawned?
Franket. At one Singleton's a Pawnbroker.
Q. What did the Prisoner say of his Mother?
Franket. That his Mother was dead; I went along with him to Singleton's, whereof they would not let me see it, before I paid the Money down, so I paid 16 s. and one Shilling for the use of it; it was pawned in his own Name, and he said it was his own Clock.
Q. What did you do with the Clock?
Franket. I brought it Home; he says I shall be pretty well when I have Shoes and Stockings; I made it up a Guinea to buy him some Shoes and Stockings; I drawed him but one Pint of Beer; I told him to go and lay it out for himself; I brought the Clock Home, about three or four Days after he comes to me himself, and he said, Mr Franket, I do not know why you should be afraid to trust him, you have three or four times the Worth in your Hands than what I owe you: he would have sold it for four or five Shillings more, but I would not have it; I said he might take it, and do what he would with it.
Q. to the Prisoner. What have you to say in your Defence, in Answer to this Charge?
Prisoner. Nothing at all.
Q. Have you any Witnesses ?
Prisoner. I have not seen any one Soul that I know.
Dr Barker. The Prisoner worked with me at the Time I lost the Clock; and for seven or eight Months; I never found him deficient before.
Q. Would you take him again if you wanted a Servant?
Dr. Barker. Yes.
Guilty 4 s. 10 d.
[On the Account of the general good Character one Master had given the Prisoner, and believing it might be the first Fact, he was only ordered to be burnt in the Hand .]
Tempest. On Saturday last, about two o'Clock in the Afternoon, she and her Husband came into my Shop.
Q. What Shop do you keep?
Tempest. A Broker's Shop in Silver street, Golden-square . They took up a Poker, and cheapened it; we did not agree; Then they cheapened a Coffee-pot, and he bought it, and paid me for it. After he had bought that, my Lord, he asked for a Tea-kettle; he took up an old brass one that was not good enough, she wanted a better; Then they cheapened half a Dozen of Knives and Forks, and then they asked for Pewter spoons, and bought them, and paid me for them; He bought a Coffee-pot, a Tea kettle, six Knives and Forks, and two Pewter-spoons: Then they went away. When I went to put up my Things, and they were gone away, they had not been gone long, a little Boy at home says, the Gentlewoman has got a Pair of Candlesticks under her Cloak; I told the Boy to step after her: The Boy ran down James street, and the Boy said, Madam, I believe you have got something more than your own. Says she, I am a very honest Woman. She comes hastily to my Shop again, and from under her Cloak she draws out a Pair of Candlesticks.
Q. Where did she put them?
Tempest. She put them upon a Pair of Chest of Drawers, and said they are there?
Q. What then?
Tempest. That's all that I know.
Council for the Defendant. I think you say that both Husband and Wife came into your Shop, and they cheapened your Goods. I would ask you, among those different Things, did not the Husband or Wife cheapen the Candlesticks?
Tempest. No, Sir.
Council Well, but, Sir; had you not at this Time in your Shop a Boy? Now did the Wife say nothing to the Boy in relation to those Candlesticks?
Tempest. Not as I know of.
Council. Where did those Candlesticks first of all stand?
Tempest. They stood upon the Window on the Left-hand.
Council. As to these Things, I think there was a Dispute, whether he should pay 10 s. 6 d. or a 11 s. I would ask you how far Distance the Woman was gone when you went out of the Shop?
Tempest. I never saw her till she had been gone a great Way.
Council. Did not the Buy say to her, you have taken away a Couple of Candlesticks among the rest of the Things ?
Council. Did not the Woman say, I thought the Candlesticks had been agreed for and paid for by my Husband ? When you came before the Justice of Peace, did not the Boy say before the Justice, that the Woman cheapened the Candlesticks ? Now, Sir, did not you check him, or rebuke him, for saying that the Woman had cheapened the Candlesticks ? The Justice asked the Boy whether she had cheapened the Candlesticks; and the Boy said, Yes; for 3 s. Did not the Boy say before the Justice, that she had talked about the Price?
Council. I have several Witnesses that the Boy said she had cheapened the Candlesticks, and you rebuked him for mentioning of it. I would ask you another Question. This Woman took these Things with the rest, and they were under one Arm, and the rest of the Things under the other Arm; did you see the Candlesticks under her Arm?
Tempest. I did not pull up her Cloak in the Street; in Fact, she ran too fast for me.
Johanna Turnwell . On Saturday in the Afternoon, I had occasion to open my Window to look at something; and I saw the Prisoner at the Bar coming down from Mr. Tempest's Shop, with a Tea-kettle and Coffee pot; she called and asked her Husband if he had got the Spoons: Her Husband said they were in the Coffee pot. After they were gone out, I saw Mr. Tempest in a Hurry; in a very little Time I saw the Prisoner came back very fast, and set down a Pair of Candlesticks by a Chest of Drawers.
Q. Do you live opposite?
Turnwell. My Window faces Mr. Tempest's Shop.
Council. You saw her set them down; do you remember where she took when from which she set down?
Turnwell. I did not mind that.
Council. Do you remember that she said that she thought her Husband had agreed for them?
Turnwell I did not hear that.
Council. Mr. Tempest was in a great Passion; was he not ?
Turnwell. No, I thought he looked pleasant.
Council. Don't you remember before the Justice the Boy said, that she herself said she thought her Husband had paid for them? Do you remember the Boy's saying, she had cheapened the Candlesticks ?
Turnwell. I think the Boy said she had cheapened the Candlesticks, and his Aunt allowed them for 3 s.
Council. Recollect Mr. Tempest did not upon this Occasion rebuke the Boy, and seem to be angry with him; he said 3 s. was too small, and he was a Blockhead for saying so.
[No Answer to this Question by the last Witness]
Bird. Please your Honour, I was coming by, and I wanted to buy a Pair of Bellows; seeing a Pair hang up at Mr. Tempest's Shop, when I came to cheapen them, Mrs. Tempest said a Woman had taken a Pair of Brass Candlesticks away, and Mr. Tempest was gone out after her. By and by in comes the Woman and Mr. Tempest, and she puts them down upon the Drawers: There they are says she, why do you charge me with them?
Q. to the Prisoner. What have you to say in your Defence ?
Prisoner. I went into the Shop, my Lord, on Saturday, as I had done in other Shops before, and cheapened these Candlesticks: The Boy told me they were 3 s. I was gone to look at a Coal-box, and I set down the Candlesticks; I let them alone till I had looked for a Coffee pot and Tea-kettle some Things we could not agree for as to Price, and I laid them down: We agreed for several Goods, and my Husband paid 11 s. We were in a Hurry, and came away.
Q. to Mr. Chapman. Do you know the Prisoner at the Bar ?
Chapman Yes, Sir.
Council. Where do you live?
Chapman. In the Prince of Wales's Family; the Prisoner was the Necessary woman's Maid.
Council. During this Time, in what Manner did she behave?
Chapman Her Character at that Time was exceeding good, and she behaved in that Service better than others had done before her.
Q. to Mr. Brett. How long, Sir, have you known the Prisoner?
Brett I have known her for about three Months.
Council. What is your Station?
Brett I belong to the Prince of Wales.
Q. What Office there?
Brett I belong to the Beer-Cellar.
Council. During the Time she was in the Prince of Wales's Family, in what Manner did she behave?
Brett. I never heard but that she behaved very well.
Council: Do you know that she was entrusted with Things of Value?
Brett. Yes, Sir; there were all Sorts of Plate Candlesticks, Salves, and a great many Things were in her Power to take away: I was with her Mistress
Mr Tibb. I belong to the Clerk of the Kitchen; I know she was entrusted with Plate, and Things of Value; her Mistress said she never had a better Servants and the only Reason that she was discharged, was, because she was married.
Q. to Mrs. Cousins What is your Station?
Cousins. I am Servant to the Prince. I belong to the Nursery. The Prisoner was the Necessary woman's Maid, and was entrusted with every Thing; Cloaths and Jewels were lying about, and nothing was missed.
Q. to Mrs. Hornsby. Do you know the Prisoner?
Hornsby. She was Fellow-servant with me; she had Plate, Rings and Jewels under her Care; every Thing as I had; and she behaved very well while she was in Service; I never heard any thing ill of her.
Q. to Mr. Dod I think you are Landlord of the House where the Prisoner lives?
Mr. Dod. My Father is.
Council. I think this young Woman is lately married, and your Father has let her a House?
Mr. Dod. Her Husband was Gardener to my Father, and she was at my Father's House as a Servant since she has been married, and has been entrusted with the Keys of my Father's Country-house, where there are Things of Value, and she always behaved well.
Mr. Bell. I have known the Prisoner for two Years, and she bears an honest Character.
Q. to Mr. Matocks. Did you hear Tempest's Nephew say this Woman cheapened any Candlesticks?
Matocks. When she was brought before the Justice, this Boy was examined; he likewise promised Mr. Paulson to bring the Boy here upon his Word; therefore the Justice did not bind him over.
Tempest. The Reason I did not bring him, he is too young.
Matocks. I'll give the Reason why I believe he did not. The Boy was examined. Says the Justice, what have you to say about this Woman; do you know any thing about her cheapening any Candlesticks? The Boy said, as they were cheapening the Candlesticks, his Aunt said they were 3 s. Mr. Tempest put himself into such a Passion, that I thought he would have struck the Boy; he said, You lye, Sirrah; I never put such a price upon them.
- Orton. The Justice asked if any Body else were in the Shop, the Boy was mentioned; Justice Poulson said it was necessary to have the Boy brought; when the Boy came, Mr. Paulson asked him how old he was, he said thirteen; then he asked the Boy what he knew of the Affair of the Prisoner at the Bar; he said, the Prisoner at the Bar and her Husband came in, and he bought a Coffee-pot, half a Dozen Knives and Forks, and Mr. Tempest went into the Back room; and the Prisoner at the Bar ask what was the Price of a Pair of Candlesticks; Mr. Tempest went backward, and the Boy and his Aunt was in the Shop, and the Prisoner at the Bar asked the Price of those Candlesticks, and his Aunt said they were 3 s. and Mr. Tempest repremanded the Boy for saying 3 s. when always the set Price was 3 s. 6 d. The Boy was in the Shop when the Woman went out; when they were gone, the Boy said, Unkle, Did the Woman pay you for those Candlesticks? he said no; then he said they had got a Pair of Candlesticks not paid for; upon that, Mr. Tempest went after her as far as Queen street; when he came to her, she said she thought her Husband had paid for them.
- Ashley. I was at the Justice's along with the Prisoner; I was afflicted with the Gout, so the Justice indulged me to sit down in a Chair, accordingly I did; there was some Talk of this Kind, but I can't charge my Memory particularly with it, because I did not take particular Notice of it.
Q. Was there any Talk about the Price of Candlesticks?
Ashley. What the former Witness has said of it, upon my Oath, I apprehend to be the Truth.
The Prisoner was honourably acquitted .
It appeared to the Court to be a very rash Piece of Conduct in Mr. Tempest; and that Circumstance of his not bringing the Boy upon the Trial, according to his Promise, made his Cause appear doubtful. The Prisoner's Husband petitioned for a Copy of her Indictment, but that was not granted.
155, 156. William Groves and Anne Groves were indicted for stealing one Cotton Gown, and two Curtains, the Goods of Charles Crofts ; and one Silk Gown, the Goods of William Cannon ; and one Linen Gown, the Goods of Sarah Williams ; and two Curtains, the Goods of John Payne , sen. out of the House of Charles Crofts , February 14 .
These things according to Mrs. Crofts's Evidence, were stole out of their Wash-house in the Night, on the 14th, and were found on the 18th of February; they were found, part of them, in a Linen Bag, wet, hanging up in a Closet, in the Prisoner's Lodgings, and part of them were pawned. William Groves , the Prisoner, said in his Defence, that they were brought to him, but had no Witness to prove it, nor any
Guilty 4 s. 10 d.
But his Wife acquitted .
Sarah Roberts . the principle Witness, who deposed (she keeps the George and Bull in Orchard street) that the Prisoners came into her House, and called for a Pint of Beer; after they had been in the House some Time, they went backward into the Yard, then came again into the Room; afterwards two of them went out into the Street; about a quarter of an Hour after she missed her Pot; there were three of the Boys, but one was run away. Timothy Aldridge was in the House all the Time; and Robert Aldridge confessed, when he was taken, that he had sold the Pot, but it was stole by the other Boy, that was run away.
The principle Evidence against the Prisoner was Mary Price , Servant to Mr Wright; she swore positively that the Prisoner was the Man that she saw with the Pots in his Hand, as she went backwards at Twelve o'Clock at Night, that he had one on his Head, and another little one in his Hand; the Maid said she asked him what he wanted, and he d - d her, and put the Girl into a great Surprize, and threatened to throw the Pot at her, and swore he would be revenged of her; the Prisoner made off at that Time, and about a Month after he came to the House again, she was positive he was the Man, though the Goods were not found upon him, but the Prisoner denied it.
Guilty 10 d.
[A Gentleman came the next Day out of the Country, and gave him a good Character, and the Man was very ill, so he was only ordered to be whipped and discharged.
160. James Smith was indicted for stealing two Linen Sheets, value 8 s. two Linen Pillowbiers, value 1 s. the Goods of John Allen ; one Serge Waistcoat, value 10 s. one Fustian Frock, value 5 s. one Cambrick Stock, value 2 d. one Stock-buckle, value 1 s. one Pair of Worsted Stockings, value 2 d. the Goods of John Coles .
Mr John Allen . The Prosecutor, who says he lives by Porters-Block, that the Prisoner had lodged with him but a few Days, and that he found all the Goods upon him at a House in Islington, except the Stock-buckle.
The Prisoner confessed the Fact, but solemnly denied his having the Stock-buckle; and said he had been a Schoolmaster in the Country, had a Wife and Children, and it was his pressing Necessity that made him to do it; he did not all appear to be a common Thief.
Guilty 10 d.
The Fact was fully proved upon Thomson, the Prisoner.
Guilty 10 d.
The two Women were Acquitted .
166. Lucy Walker was indicted for feloniously receiving of Edward Corp , thirty five Pounds Weight of Wood called Fustick, which Goods stole by the said Edward Corp , he has been already convicted for. November 4 .
Q. Did you search the Prisoner's House, or did you find this Fustick in her House? What do you know of your own Knowledge?
Hardwell. Of my own Knowledge I detected the Man in stealing of it.
Q. When did he steal it?
Hardwell. He stole it the 14th of November; between eight and nine o'Clock at Night.
Q. What do you know of this Woman?
Hardwell. I asked him what he was to do with it, and he told me he was to sell it to Mrs Walker; I asked him how he knew he could sell it there, he said he sold things to her before.
Robert Lucas . What do you know of the Prisoner's having any Fustick stole by Edward Corp?
Lucas. I was Constable for the Night, when the Wood was stole off from Wiggins's Key, he said he sold it for three Half-pence, and I had a Warrant in my House to search the Prisoner's House, which I did, and found it there; I had a Warrant from my Lord-Mayor, to search that Woman's House, upon Corp's being brought before him: I found the Wood in her Room; she was not at Home; I never saw her since, till I saw her yesterday. Corp told me that he had three half pence for it; he would have given it me; I told him he was a poor unhappy Creature, I would not have his Money.
Q. What did you find upon searching her House?
Q. Was it in an upper or lower Floor?
Court. You don't know how she came by this?
Lucas. No otherwise but what Corp told me; and I found it by his Description, it was a crooked Piece of Wood.
Q. Had you afterwards any Conversation with the Prisoner?
Lucas. I never saw her before yesterday, and asked her how she came to be such an unhappy Woman as to bring herself into such a Thing.
William Skarf . When I caught Corp with the Wood, and he told me where he was going to sell it; I told him I was sure she would not buy it, for I says she was tried in May Sessions for such a thing; he said she would, for she had bought many a Piece of him; so I went with him to the Door, and he showed the Door, and went in.
Q. Who did you see there?
Skarf. I saw Mrs Walker and her Daughter, I believe.
Q. Was you by?
Skarf. I was looking on all the Time.
Q. What did she offer him?
Skarf. First a Penny, at last she gave him three half pence for it.
Q. Did she ask him any Questions?
Skarf. Not any, for I was at the Door, and I saw and heard all that past, for I did not believe that she would buy it.
Q. Did you see her give him the three half-pence ?
Skarf. Yes, my Lord, he brought it out in his Hand, and carried it down to the Keys in his Hand.
Q. What is that Fustick worth?
Skarf. Mr. Lucas can tell you, I cannot tell?
Q. to Lucas. Do you know the Value of that Fustick that is produced in Court?
Lucas. I asked the Opinion of two Brokers, and it was valued between three and four Shillings, 'tis between 30 and 40 Pounds Weight.
Q. to the Prisoner You have heard what the Witnesses have sworn; you are charged with receiving these things knowing them to be stolen.
Prisoner. My Lord, this poor Fellow used to bring Hoop-sticks, and I used to give him a Penny or Two-pence. There was a House a pulling down a little from us, and he brought it from thence. I am innocent: I am as innocent as your precious Heart within you; if it is any otherwise, it is Ignorance.
Q. What is her general Character?
Proctor. Her general Character is, that she is a poor honest industrious Woman.
Samuel Luck . I have known her six or seven Years; and she kept a Cook's Shop in another Place. I happened to lodge there when this Bit of Wood was brought in: When the Man brought it, she went to turn it out of Doors. I said, I would not give a Farthing for it; it was heavy Stuff: The Man asked her to buy a Bit of Wood to burn.
Q. What did she do ?
Luck. She refused it, and said it was not fit to burn
Q. Do you know the Name of the Man?
Luck. No, I never saw him before: He was an undersized Man: She let him have Three half pence for it, and it was laid in the Room by the Fire-side, in order to burn.
Clark. Yes, my Lord, very well; and she knows me: I am one of the King's Constables for the Custom-house and I know the Prisoner to be a Dealer in all Manner of Goods: I have taken Goods out of her House, but I know nothing of this Fact.
Q. What is her general Character?
Clark. A reputed Buyer of Sugar, Tobacco, Rice, Camels Hair. I never indeed took any of that.
[The Prisoner being an old Offender, had a very narrow Escape from being sent abroad in her old Age]
I here wanted full Proof to bring this Indictment home to the Prisoner: One of the Witnesses declared she saw him pick up the Stockings under the Stall; and the Prosecutor said she never had any Stockings laid there. The Prisoner, in his Defence, said, he picked them up off the Ground, and did not steal them.
[The Prosecutor had her Stockings immediately, as the Prisoner was stopt not far from her Stall ]
The only Evidence against the Prisoner was William Witten , who saw the Prisoner at three o'Clock in the Afternoon go into Mr Marnow's Shop (opposite the Black-dog in Shoreditch) and take a Piece of Cloth off the Shelf, and take up her Apron to conceal it: Upon this she was pursued and taken; but she had given the Cloth to her Husband; and they took up the Husband, and he told them he had the Cloth, but somebody had taken it away from him.
The Prisoner, when she was charged with robbing her Lodgings, confessed the Fact, and that she was very sorry for it.
Guilty 10 d.
The Prisoner, in her Defence, insisted she bought this Casement upon the Road on this Side East-Ham.
The Prisoner was helping to unload a Lighter of Coals, and, instead of putting this Sack into the Cart. pitches the Sack in a dark Entry hard by; but the Witness did say the Prisoner was much in Liquor, and that he was a weak Man, and he believed he was put upon it by others.
The Prisoner was taken about twelve o'Clock in Shoreditch, with three of these Fowls upon him. He said, when taken, that he had only a Cock he had from Moor fields; but afterwards confessed they were gave to him by a Man that he could not tell him Name.
Guilty 10 d.
The Prisoner looked like a poor hungry Man.
174, 175 Elizabeth Wardell and Sarah Pollock were indicted for stealing 15 Guineas in Gold, and 8 s. in Silver , the Property of Jacob Forecast , who deposed that Elizabeth Wardell was the Person who robbed him of a Green Silk Purse, and 15 Guineas in Gold, and 8 s. in Silver, as he was in Bed with her, at a House in Petticoat lane ; he went to Bed with Elizabeth Wardell about 12 o'Clock, and was waked by the other Prisoner, Sarah Pollock , who came into the Room with a Candle in her Hand, and teazed him to give her some Money for a Dram, while Wardell took his Breeches from under the Pillow; upon missing his Money he charged the Watch with them both, and they were sent to the Compter, where Pollock told the Prosecutor, that she believed one Sarah Banks had his Money. The Prisoners in their Defence denied the Fact: and Wardell said, as she was going of an Errand, the Prosecutor picked her up, and would go home with her; but she knew nothing of his Money. They called three or four People to their Character; and there being no Evidence against them but the Prosecutor, who gave a very same Account of the Matter (and having no Manner of Forecast, according to his Name, otherwise, perhaps, he might have saved his Money) the Jury acquitted them.
Received Sentences of Death, 1.
Burnt in the Hand, 1.
Transported for 7 Years, 18.
S Cartney 133
To be whipped, 4.
Thomas Mc Lane 139