AT JUSTICE-HALL in the Old-Baily, on WEDNESDAY April 29, THURSDAY 30, and FRIDAY May 1.
In the 20th Year of His MAJESTY'S Reign.
BEING THE Fourth SESSIONS in the MAYORALTY OF THE
Printed for J. HINTON, at the King's-Arms in St. Paul's Church-Yard . 1747.
King's Commissions of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.
BEFORE the Right Honourable WILLIAM BENN , Esq; Lord-Mayor of the City of London, The Right Honourable the Lord Chief Justice WILLES, The Right Honourable the Lord Chief Justice LEE, Mr Baron REYNOLDS , 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 .
Charles Church ,
Q. How long was you in the field ?
Whiston . The Space of a quarter of an Hour. When I came back, the Mare was gone. I hired another Horse for myself, to see if I could overtake the Person that had it, but I happened to miss of the Road, and these other two Man (in court) had overtaken him before me.
Arrowsmith. I was upon the Road. I had been at a Place called Dancer's-hill ; this Man, the Prisoner, meeting me, he asked me for the York Road; I told him he was out of the Way; then he asked me for the Road to Glasgow in Scotland; I told him he might enquire at the Alehouse at Kicksend . One Geoffrey Godfrey was sent in Pursuit of the Mare, and when he met me, told me of it; so we went to the Alehouse to know what Way they had directed him, and we pursued him; we took him in a by Road that comes into Hertford Road , in Mims Parish ; we took him the 27th of February, as he was travelling on the Road.
Q. What did you do with the Mare?
Arrowsmith. I brought him and the Mare to Barnet , and Mr. Whiston had the Mare.
Q. Was that Mare you saw the Prisoner upon, Mr Whiston's Mare?
Arrowsmith. Yes, my Lord.
Q. What did the Prisoner say when you took him?
Arrowsmith He asked me the meaning of my seizing him; he seemed to be in Liquor, and had little to say for himself. He said a Soldier told him he might take her and proceed on his Journey, and he said, when he had rode her about eight Miles, he would give her some Oats.
Court to the Prisoner. Now is your Time to make your Defence.
Prisoner I will tell you what Way I was ensuared into it by the English and Dutch Officers; I was taken away from my Country to Sea, and we were five Weeks upon the Sea, and by Storms we were driven into Dunbirk Roads , and then drove to Shham , and I ventured my Life out in the Night for my Wife and Children. I asked the Way for Scotland, and a Soldier , about two Miles from Highgate, he took me into a House, pretending he would go 150 Miles with me, to a Place called Durham; I said I had no Money, but what I begged; he said he had Money to carry us if I would hear him Company ; he took me into the Inn , and gave me three Quarts
The Jury found him guilty of the Indictment , but recommended him to Mercy.
177. + John Munson was indicted for breaking open the House of Alexander Allen , and stealing from thence twenty five Pewter Plates, one Copper, four Dishes, a Pewter Hand bason , two Brass Candlesticks, and three Nails , March 22 .
Allen. Yes, Sir, upon the 22d of March, in the Morning.
Q. Where is your House?
Allen. In the Parish of St George.
Q. How was it broke open?
Allen. The Window Shutter was cut and broke, then they took down the Casement, and broke the other Part of the Glass besides.
Q. Would that make Room sufficient for a Person to get in?
Allen. Yes , Sir.
Q. What Time was this?
Allen. Between the Hours of twelve and one in the Night.
Q. What Time did you find that it was broke?
Allen. Between six and seven o'Clock in the Morning.
Q. Was it done in the Day Time or Night?
Allen. I can't tell whether it was in the Day or Night, but the Servant told me she found the Window broke open when she came down in the Morning.
Q. What did you lose?
Allen. A Copper was taken out of the Wash-house.
Q. How big was the Copper?
Allen. It might weigh between thirty and forty Pounds ; and I lost out of the Kitchen , five and twenty Pewter Plates, and four Dishes , and a Pewter Hand-bason , and two Brass Candlesticks.
Q. Did you get any of those things again?
Allen. Here are some Chains we use in our Business of Rope making, these I can swear was taken away that Night.
Q. How came you by them again?
Allen . A Gentleman here happened to be in a Shop the upper End of Rosemary-lane, when the Prisoner at the Bar came in to sell something , and the Man of the Shop asked the Prisoner what became of those Chains he showed him the other Day, he said he sold them to one Mrs Williams in Church-lane .
Q. You did not hear this?
Adlington. My Lord, on the 24th of March, I called at this Shop to buy a few Nails, where I saw the Prisoner at the Bar stand; my Curiosity led me to know what he, the Man of the Shop, would bid him for what he wanted to sell; I thought it would be little enough; and I heard the Master of the Shop say, George, what did you do with those things you brought to me; he told him he had sold them to one Mrs. Williams; says he, I would have you get them again, for I hear a House is broke open, and I believe they are stole; he said it was the House of one Mr Allen, a Rope-maker. I had not heard of the Advertisement till I came for these Nails ; I said, Mr. Sheppard, if you are an honest Man, you ought to stop this Fellow; he equivocated pretty much with me, and did not care to stop him; I said Mr Philips, I insist upon it you will stop this Man , that is the way to hear of the rest of the things; he would not do it; I turned about to the Prisoner at the Bar, and said, what is your Name? he said he would not tell me his Name: he said he was an honest Fellow , and he told me he would not tell me his Name . I said, then I assure you you shall tell me your Name before you and I part; accordingly there was a Man in the Shop, and I said Friend fetch me an Officer, when the Officer came , I carried the Prisoner into a Publick-house, within two or three Doors of this Iron-shop , I then wrote a Line to Mr. Allen, to let him know I had stopped a Person that I believe had robbed his Father's House, in the mean Time, this Person (the Prisoner) told me had the Chains, and had sold them to Mrs Williams for Three half-pence; I kept him in talk, having only myself and an Officer, till proper help came; when Mr. Allen came, I said we will go to the House where he says he has sold these things; when I came there, I told her I came for three Nails she had bought, I asked her if she knew one Munson , she said she did not, but she knew one Jacob Moson ; Mr Allen , jun. was with me, and said, these are the things that were lost, I said you need not give any thing for them , but you may take them where you can find them : he, the Prisoner, was had before the Justice, where he swore he had sold them at that Place, at the Alehouse; I asked him how he came by them, and he said, he was grinding his Knife at Tower-hill, and he got them at the Bottom of the Trough, but they were as bright as they are now, he told me
Sarah Norton . I am a Nurse, and Mrs Williams was ill, and when the Prisoner brought these things, he said he went to grind his Knife, and found them under the Grind-stone, so I went to my Mistress for three half-pence for them.
[It was asked what these things were worth, and Mr Allen said 3 s. a Pound, whereupon the Witness was severely reproved by the Court, for buying things in that Manner.]
The Jury found the Prisoner guilty of the Felony and Burglary , but recommended him to Mercy.
Kemp. He met me in the Road, the 8th Day of March in the Evening, between ten and eleven o'Clock, it was Moon light; he met me in Oxford Road, near the Cheshire-Cheese , and he catched hold of my Horse, of the Bridle, and said, give me your Money , don't stand to contend; I said I had but a Shilling, and what good will that do you? he said if I would not give it him, he would knock me off the Horse ; before the Word was out of his Mouth , he struck me on the Arm with a Stick, that is not a large one , but very heavy, ( the stick was produced in Court ) with that my Horse ran away, and pulled him down; and he ran away, with that I cried, Stop Thief! and they stopped him; he was never out of my Sight; if I had not seen the Blow coming, and held up my Arm, he would have knocked me off my Horse .
Court. Then he did not knock you off your Horse ?
Kemp . No; but his Will was as good as if he did. I struck at him with this switch, and my young Horse pulled him down; with that he run among some People, and they stopped him.
Stratford. I was going for my Lady in the Neighbourhood (I am a Chairman) and I heard this Gentleman cry stop Thief; I saw him run away from the Farmer , and I went and laid hold of him.
Q. to the Prisoner. Who have you to speak to your Character?
Prisoner. The Master I lived with last.
Henry Grittain . I am a Seal Engraver; I live next Door to Barbers-hall , in Monkwell street , what Character I can give of him is that about three Years ago he lived with my Father, and then behaved very well.
179. + George Welden was indicted for feloniously assaulting, and putting in bodily Fear and Danger of his Life, John Penton , and robbing him of one Peruke, value 10 s. one Hat, value 5 s. one Penknife, value 3 d. the Goods of the said John Penton , April 24 .
Penton. I was coming from Chelsea on Friday last.
Q. What Time of the Day or Night?
Penton. As nigh as I can guess, it was about seven o'Clock at Night.
Q. Which way did you come from Chelsea?
Penton. By Buckingham House.
Q. Where did you meet the Prisoner?
Q. Did any thing pass between you and the Prisoner?
Penton . There was the Duke of Marlborough coming through the Mall, with his two Daughters; not knowing the Gentleman, I asked the Prisoner who that Gentleman wa s, he told me it was the Duke of Marlborough ; after I had asked him this Question, then he said to me, Did not you see four Fellows go before, I have spent my Money with them, now they want to shab me off, with that he said he should be glad of my Company , if I would go and drink with him; he very much insisted on it, with that I told him I had no Money to spend, and I was going home, that I had been out for most Part of Day; with that he asked me if I would go a-cross Hyde-Park with him, to a Friend of his in Grosvenor-square , or Grosvenor Street ; as we were going over the Park, he amused me with the pleasant moving of the Clouds in the Air, and began to sing a Song as he was going over the Park; when I came near to the Place where I was to go with him, he asked me if I would go to see the Place where the Men were buried that were shot, as soon as ever I came there, he knocked me down; after that , he took away my Hat and Wig, and Penknife out of my Pocket, I had no Money; and as I lay upon the Ground, he clapped his Knee upon my Stomach, and said, if I would not consent to let him buggar me , he would kill me.
Q. What became of him?
Court . So the Soldiers came to your Assistance?
Penton. Yes, Sir.
Q. How many came to your Assistance?
Penton. I cannot say how many.
Court . Was he taken immediately?
Penton. He was taken that same Night after I was conducted out of the Park.
Q. Have you any thing more to say with Respect to the Robbery?
Penton. No more to say.
Court to Penton . What are you?
Penton. I am a Barber and Peruke maker; I live along with Mr Taylor; I went out, not being well, to take a walk.
Corneliu Smith. I am a Serjeant. I was in the Magazine Yard on Friday last, and about a Quarter after Eight in the Evening, I heard a prodigious Cry of Murder several Times ; I charged three or four Men upon Guard, immediately to take their Arms , and we made up to the Place where the Cry of Murder was, and when I came there, I found this John Penton very much frightened ; he told me he was robbed of his Hat and Penknife by a Soldier; I asked him whether the Soldier had Acoutre ments or Spatterdashes , he said he could not tell, he could not tell whether he was of the First or Second Regiment; he said he wanted to be conducted out of the Park; he said he was a Stranger, he never was there in his Life before ; I said I could not dismiss him till I had took the Place of his Abode; so presently after I sent this Man for a Candle, and ordered him to be a Guard to the Man, and another with him, and as they were returning back with the Candle, sees George Welden ; and by the Description George Penton had given of him, brought him Prisoner to me; when he was brought to the Guard. I charged him with this Robbery, and he said he was not guilty of it, I told him I could not discharge him, he was certainly the Man .
Q. How came you to think he was the Man?
Smith . By the Description Penton had given of him, as having white Stockings and black Garden, very clean his Stockings were; then after I had searched him, I said you had better confess the Fact a considerable deal , than to keep it in your Breast; I have got an Account where Penton lives, and I'll send to him To-morrow Morning. I said to him if you will confess I'll discharge you from your Confinement; at last, says he, Serjeant , will you be true to me? I said I would; he said, then I would speak with you in the Court; then we went into a square Court within side of the Magazine, when we came there, he said you must give me your Hand, and swear to be true to me; so I gave him my Hand and Oath, I said, by G - d, if you will confess the Robbery, I'll discharge you from your Confinement; with that he said, I have got the Hat about me , with that he put his Hand behind him, and brought out this Hat; so I said, where is the Penknife? he said he had dropped the Penknife getting over the Tenterbook Gate ; so he wanted me to discharge him, to be as good as my Word; so I said I could not, so ordered him into the Guard-Room.
Q. How came you to make him these Promises?
Smith. I did it in order to bring him to a Confession .
Court. What to swear by your Maker, that if a Man will discover , you will discharge him; then to tell him you could not do it, but to bring him here for the Reward; if there was no Reward, it would be a different Case; you did a very ill thing, to make an Oath and then to break it: What Foundation have the Jury to believe you, but that you are upon your Oath? You are telling them that you have no Regard to an Oath .
Smith. So I ordered him into the Guard-Room , and told him I could not release him; the next Morning I went to the Tenterbook Gate , to find the Penknife, according as he said he had dropped it; I could not find it there, then he said he had dropped it out of his Pocket in running, but could not tell where it was .
Q. Did you send for Penton the next Morning ?
Smith. Yes, but he was not forth coming, nor could not be found till the Prisoner was before the Court Martial .
Q. What Direction did Penton give you to find him ?
Smith. At Mr Rocher's , or in Cuper's Gardens .
Peter Daniel . I took the Prisoner; after conducting the young Man out of the Park, I took him and brought him to the Guard-room, and was present when he delivered the Hat; he, the next Morning, said if he had known it would have come to that pass, I should not have brought him alive, he would have stabbed himself, and he did attempt to run a Sword into his Belly; in the Night-Time he took a Boynnet, and would have destroyed himself , that he should be caught so fondistily .
Maddock . I saw him produce the Hat .
Maddock. I knew him at the Tower some Time ago, but I knew no Good nor Harm of him, only an ill Name to be sure he had.
Court . Prisoner, what have you to say to this Charge?
Prisoner . My Lord, I had been up in Tyburn Road, coming through Hyde park gate, as it was my nearest Way to my Quarters, I found this Hat by the Way, he took me down to the Guard Room, and found the Hat upon me; Penton comes down and consented for me to be tried by a Court-Martial, and said for half a Guinea he would make it up with me; so he fetches a Warrant , and swears three times more before the Justice against me, than he did before the Court-Martial .
The Jury acquitted the Prisoner, paying no Regard to the Serjeant's Evidence, who in so wicked and notorious a Manner, had forsworn himself, in order to extort a Confession from him, with an Intent, as it appeared to the Jury, to entitle himself to the Reward .
Thomas Tedman . I went into a House in James's-street , where this Creature was; the Woman of the House seeing of me in Liquor, said I would advise you to go to Bed , she lighted me up Stairs, and this Woman followed.
Q. When was this ?
Tedman. I can't say justly, it might be about five or six Weeks ago.
Q. Where was you going?
Tedman . Into a House in James's-street, near the Hay-market .
Q. What is the House?
Tedman. They sell Liquor, I believe 'tis a bad House .
Q. What are you?
Tedman. I am a Farmer.
Q. What Time of the Night was it you came into this House ?
Tedman . It was late at Night.
Q. What did you go into this House for?
Tedman. I was fuddled, I was like other fuddled Men, I wanted more Liquor .
Q. Was you by yourself when you came to this Place?
Tedman. Yes .
Q. What then ?
Tedman. The Woman of the House would have me go to Bed; I went and laid down upon the Bed, and this Woman came and laid down by me. I knew very well I had that Money in my Pocket , and I found her Hand in my Pocket, I am positive of it.
Q. Was your Cloaths on ?
Tedman. Yes, my Lord , and this Woman came and lay by me.
Q. What Money had you when you lay down?
Tedman. I looked at my Money just when I went into the House, and I had five Guinea, two Half Guineas, and a Thirty-six Shilling Piece and some Half-pence in another Pocket .
Q. How long did you stay in the House before you went up Stairs?
Tedman. I went up Stairs directly as soon as I came into the House.
Q. How long had you laid on the Bed before this Woman came?
Tedman. She came directly .
Q. Did you desire her to come?
Tedman. No, my Lord, she came of her own Accord, and lay down by me, and I felt her Hand in my Pocket ; she took my Money out, and absconded directly .
Q. What did you do upon that?
Tedman. Then I came down Stairs directly, and went out of the House.
Q. Did you say nothing about it ?
Tedman. I said nothing to no Body, but went and laid down at another House all Night, and went to that House again in the Morning, and said such a one has picked my Pocket; the Woman of the House said, I wondered she went away in such a hurry, I thought she had done something amiss, I was not above half an Hour in the House the whole Time .
Court . If you was in Liquor, how could you remember all this? When you felt the Prisoner's Hand in your Pocket, and missed your Money immediately , did you not endeavour so apprehend her ?
Tedman. It was late, and I did not .
Q. When you felt her Hand in your Pocket , did you make no Resistance? you let her have it, you never opposed her?
Tedman. No, my Lord, I did not .
Q. Was you acquainted with her before ?
Tedman. Yes my Lord, several Times; I knew her about the Place, my Hay-cart stands opposite the House .
Q. How long had you been acquainted with the Prisoner ?
Tedman . I can't say, my Lord.
Tedman . Here is a Witness; when we found her the next Day, she owned the Money, and gave me Six pence as Part of the Money.
Q. What is Name of the Person that keeps this House?
Tedman. Her Name is Goodroad.
Court to the Prisoner . You hear what the Witness says ?
Prisoner . He swears wrongfully against me, I was not with him .
Q. to Tedman. You say it was late, was it Twelve or One?
Tedman. I don't know but it might, my Lord.
A Witness. I was with Tedman the next Day, when he found the Woman, and she said she found the Money upon the Bed, and that she gave a Six and thirty Piece to one, and two Guineas to another ; and that she had bought Cloaths with the rest; Tedman asked her if she had none left ; yes, said she, I have Six-pence left, and gave it him.
Q. to Tedman. Where do you live?
Tedman. At a Place called St John's Wood .
Court to the Prisoner . What do you say for yourself ?
Prisoner. There was another young Woman that lived in the House, she asked me to go up Stairs with her to help her make the Bed, then she took up a Thirty-six Shilling Piece in particular , and some other Gold, and said, here's Money; I said how should Money come there ? Please yes, my Lord, she gave, me three Guineas and an Half to buy me some Cloaths, and I laid it out in Cloaths; and, my Lord , I have been robbed of all my Cloaths; the Prosecutor did say he would take the other young Woman up, he said she ought to be punished ; the Prosecutor went from that House to the next Bawdy-house in the same Street; the Bawd stripped me of what Cloaths I did buy, and never sent me a bit of Bread, since I have been in Goal .
The Prisoner to Tedman . Have not I been with you a great many Times ? did I ever wrong you of a Farthing?
Court to the Prisoner. Who are your Parents?
Prisoner. I am not ashamed to own who my Parents were; my Father was a wholesale Carcase Butcher, at the Corner of Cow-cross .
181. Grace Maud was indicted for stealing one Woman's Serge Gown, value 6 d. two Pair of Worsted Stockings, value 2 d. a Handkerchief, value 1 d. one Cloth Coat , value 5 s. the Property of Anthony Lawrence , April 11 .
Q. Who does the Gown and Petticoat belong to?
Lawrence. To my Wife; and I lost two Pair of Worsted Stockings and a Linen Handkerchief .
Q. Where did you lose them from?
Lawrence. Out of my Lodging .
Q. What have you to say against the Prisoner at the Bar, with respect to these things?
Lawrence. I lost them the 11th of April, I did not see her take them; she dropped them at the Bottom of the Stairs, then she run away.
Short. Next Door to the King's head, in Queen's-Street Bloomsbury , my Mother and Father keeps the House, and Lawrence lodges at our House; I was going up Stairs , so I called at one of our Lodger's Room (about seven o'Clock at Night) one Mr Boyce, and as we were talking together, he says , Daniel, there is some Body coming down Stairs; so I went and looked, and saw the Woman coming down Stairs .
Q. Do you know the Woman?
Short. Yes, the Prisoner is the Woman.
Q. Had she these things in her Hand ?
Short. Yes, she had these things, and I cried out, Mother, a Thief! she was below Stairs .
Q. What did the Prisoner do then?
Short. She ran down Stairs, and stared me in the Face.
Q. Did you see her throw down the things ?
Short. Yes, and my Mother and a Boy pursued her.
Q. How soon after did they take her?
Short. Not long, I believe, about five or six Minutes .
Court. Are you sure that is the very Woman you saw coming down Stairs?
Short. Yes, I am sure of it.
Q. Was it quite Day light?
Short. It was middling.
Short. I am his Mother-in-law .
Q. What have you to say to the Fact that the Prisoner at the Bar is charged with?
Short. I sent the Boy up Stairs on an Errand, and he stayed about five Minutes; and he cried out, Mother , there is a Thief! I ran up Stairs, and saw the
Boyce. Yes, Sir.
Q. Do you know of any Goods taken out of the House?
Boyce. On the 11th of April , the Boy, a former Witness, came up Stairs to me; I said to the Boy , there is some Body gone up Stairs, I suppose 'tis Mr Lawrence; while the Boy and I were talking, I thought I heard some Body come softly down Stairs, so the Boy opens the Door, and cries out , Mother, here's a Thief; when I came down, the Cloaths were at the Bottom of the Stairs; as soon as I came to the Door, this Gentleman that lives opposite to us, he was leaning over the Door; I said, do you know which Way the Woman ran? he told me; with that I ran after her, and turned the next Turning, and I saw the Woman running in the middle of the Street, and I called out Stop Thief! with that she partly stopped herself, so I overtook her, but she denied it ; when I came up to her, she seemed to be quite out of Breath .
Burgess Wilson. I live opposite to Mrs Short's, I was leaning ever the Hatch, the 11th of April, about seven o'Clock at Night, and I saw the Prisoner come out of the House; she run very fast, and turned the Corner on the Left-hand .
Q. to the Prisoner . What have you to say for yourself ?
Prisoner . My Lord, I have a Husband abroad; I had lost a Child with one , that was sick, and as I was going along the Street, one cried Stop Thief ! I do not know, where they live.
[When the Prisoner was brought to the Bar, to receive Sentence for Transportation , she cried much, and pleaded for corporal Punishment ; but as she had been at the Bar before for the like Offence, it was not granted; when Sentence was past for Transportation she very impudently replied to the Recorder, that she had rather he had cast her for her Life.]
Edward Lyon . On the the 23d of this Instant, I came down Stairs, about nine o'Clock, I live at Newington-green ; when I came down, I says to my Mother, Pray be so kind as to set the Bar to rights, and John will clean it. I keep the Sign of the Weaver's Arms.
Q. What then?
Lyon. While he was sweeping of it, he picked up half a Guinea; here, Sir, says he, if I had not been very careful, I might have swept this away, and you might have laid it to my Charge; so I whipp'd up Stairs, and said to my Wife, how could you leave half a Guinea on the Ground; she told me she had left two, a crooked one and a strait one, in the little black Box in the Drawer. With that I whipp'd down again ; Come, says I, John, look sharp, and you will find the other by and by; here's no Cellar , it can't run through, in the little black Box she left it; he was the Space of an Hour and an half hunting about; Come, says I, look sharp, John, you will find it; he was fumbling about his Side; Come , says I, John, if you can't find it, you shall be searched for it, for it can't be gone without Hands; accordingly I took him into the back Room , and made him pull off his Coat , and then I bid him unbotton his Breeches ; while he was unbottoning his Breeches , this Bag he flipped out of his Pocket, and slid down on the Ground; I asked him what that was? he said nothing that belongs to you, 'tis something of my own; my Wife and Mother stood at the Door, as it was not proper for them to be in the Room when the young Fellow was stripping ; so I says to my Mother, come in, here's something he does not care that I should see it; so my Mother came in , and she took hold of both his Hands, and we took up the Bag; I asked him what was in it, he said nothing but his own things; when the things were turned out, there was this crooked half Guinea, that we had missed, it was among the Half-pence; when I asked him how he could serve me so, he had nothing to say to the Purpose in his own Defence, but the Dog had thrown the Drawers down, and the like.
Lyon . I gave Silver for two half Guineas; I had a crooked one before Candle-lighting, and a smooth one after; when my Husband came up to me, he said I was very careless to leave half a Guinea on the Ground; I said I left them in the Box; when he came down, John was a good while in the Bar, in order to find it; he had him into the other Room, then we went into the Room, and my Mother had hold of his Hands, and the Bag was turned out, and there was half a Guinea .
Alice Palmer . When my Son called me in, he was in a Sort of Struggle with the Prisoner . I saw the Bag , I said, this is my Bag, and I will see what is in it, and I held his Hands; this is my Bag, I made it myself, in Lothbury, at the Cock and Bottle, when I kept it.
[The Prosecutor said he had a great Opinion of his Honesty, and he could not but acknowledge he had a good Character of him ; and as judging it might be the first Fact, he was only ordered for corporal Punishment.]
Q. Where do you live?
Q. What have you to say against the Prisoners at the Bar ?
Sainsbury. One of them took them off my Bed.
Q. Which of them ?
Q. Have you found your Sheets again?
Sainsbury. I was told where they had sold them , and I have them again .
Q. Who told you where they were sold?
Sainsbury. A little Boy that watched them, one that I believe had no Hand in it.
Q. What have you to say to the other two?
Sainsbury. They were all concerned together in selling of them .
Q. What is the Boy, Witherington?
Sainsbury. He has neither Father nor Mother.
Q. How came you to buy a Pair of Sheets of such a Boy?
Adams. He told me a plausible Story, that his Father and Mother were lately dead , and the Goods were left to his Brother, and he had sent him to sell these Sheets .
Q. Where are the Sheets?
Adams. I delivered them to Mrs Sainsbury .
Q. What were the Sheets worth ?
Adams. About five Shillings.
Q. What do you know of your own Knowledge?
Lewis. The Quarter of Lamb was my Property; I hung the Lamb by for a particular Customer ; I know my Servant's dressing, and my Servant see him drop it.
Elias Collet . I was brushing the Side block down, and there were two Women cheapening a Bit of Meat with my Mistress; while my Mistress's Back was turned, the Woman cried, Mistress, Mistress, a Man has got a Leg of Mutton ; I cried Stop Thief! and I caught him about four or five Doors from our House .
Q. What did he drop?
Collet. The Quarter of Lamb.
Q. Are you sure that was the Person?
Collet. Yes, my Lord.
Q. Did you take up that Lamb that you see him drop?
Collet. I did not take it up, but I saw it brought back .
Q. What became of it, did you show it to your Master ?
Collet. Yes, my Lord, and I took him to the Watch-house.
Q. When you had him to the Watch-house, what did he say then?
Collet. He said he never meddled with it.
Q. How far was you from him when this Lamb was dropped down?
Collet. I was just coming out of the Door, and I saw him drop it, and I pushed by directly; and I came back directly when this Lamb was brought in, I believe it was some Customer picked it up; it was the first Grass Lamb we had this Year.
Court . Then you don't know who those Women were.
Collet. No, my Lord, I don't know where they live.
Lewis. This Fellow returned from Transportation the first of February last; whether he staid his full Time , I cannot tell. Mr. Alderman Davis spoke of being here , I expected to have seen him here. The People that saw the Prisoner take it, thought it was a Leg of Mutton; they cried, the Man has taken a Leg of Mutton . This Fellow has an exceeding bad Character .
Guilty 10 d.
Mary Capell and Elizabeth Goff were indicted for stealing one Whalebone Hoop-petticoat, value 5 s. the Property of Frances Capell , and another Cane Hoop petticoat , the Property of Elizabeth Wood , February 10
Q. Where do you live?
Barrack. On the 10th Day of February, about eight o'Clock in the Evening, I saw two Women running along the Strand, with each of them a Hoop-petticoat under their Arm, and they went up Helmet-Court, next Door to my House; I told my Daughter I believed they had stole two Hoop-petticoats, for there was none in that Court that wore such. When I went up the Court, they were rolling of them up; when I came to them, I took hold of each Hoop-petticoat , I told them I believed they had stole them; upon that one of them says to the other, take my Hoop-petticoat , and I will go and call my Mistress that will tell how I came by them. It was Elizabeth Goff , the Prisoner, that said she would go and fetch her Mistress, so she run away, but did not come back again .
Q. What did you do then?
Barrack. Then I brought the other Prisoner, Mary Capell , down to my Shop, and asked her if she knew nothing of the other Girl; she said she met the Prisoner, Goff , in Catharine street , she said she had no Money, but she should carry one of the Hoops. I sent for the Constable when she would not own who they belonged to, so I went for the Constable, which is now in Court, and we had her before Justice Burdus , and she confessed that Mary Goff was her Partner, and that they had taken them from one Mrs Jones's Shop in Russel-street . When Goff was taken about a Month afterwards, she confessed before the Justice that she was the Person concerned with Capell in taking these Hoops.
- Mason, Constable. About eight o'Clock at Night , the 10th of February, Mr Barrack sent to my House, and desired I would come to his House , for he had stopped a Thief ; I carried her before Justice Burdus, the Justice ordered me to lock her up that Night, and bring her the next Day to be examined. As I saw a great many Hoops in Mrs Jones's Shop, I asked her whether she had lost any Hoops, she said she could not tell whether she had or no; I told her about ten o'Clock a Person would be before the Justice, and she might see two Hoops.
Capell. I met Goff , and she desired me to go a little Way with her, and she would make me Amends for it.
Goff . I know of no such Thing.
Rhodes. Yes, Sir; on the 3d of April she took a six and thirty Piece from me .
Q. How long did she live with you?
Rhodes. Just a Week.
Q. How do you know that she took it?
Rhodes. It was found upon her in her Pocket.
Q. How do you know it was your's ?
Rhodes. My Daughter said she should not go out till we had look'd over and over, which we did at nine o'Clock; when we missed it, we went to see for her Pocket about eleven o'Clock at Night, where we found it. I must say this, I keep a Bottle of Rum, and she had laid hold upon this; I had a very good Character of her from Newington Causey .
Samuel Linnel . I have known the Prisoner these five Years, her Mother has lodged five Years in my House, and her Daughter has come home for a Month or two, and I have entrusted her with a great deal of Goods, and have always found her honest and just
Q. to Easter Dunston. What have you to say of the Prisoner at the Bar?
Dunston. I have known her for above three Years, she lived near two Years a Servant with me, and I have entrusted her, have left my Keys with her, with all I had in the World, and never found any thing amiss of her in my Life.
Sarah Miller . I have known the Prisoner near five Years, and I never knew her wrong Man, Woman, or Child; she lodged with my Daughter several Times, I never knew her guilty of drinking, or any Ill in my Life, till it pleased God to order that unhappy Hour for her . I could have entrusted her Body for Body.
The Jury found the Prisoner guilty , but recommended her to Mercy.
Joseph West was indicted for stealing 36 Pounds Weight of Lead, value 3 s. fixed to a certain Dwelling-house belonging to the Parish of St. Dunstan's in the East , did feloniously break and carry away, against the Form of the Statute in that Case made and provided , April 25 .
Tomlinson. In Harp lane, Tower-street.
Q. Was there any Lead stole from your House?
Tomlinson. Please you, my Lord, these two Houses stand in Bell-alley, in the Ward of Queenhithe , the Vestry-Clerk was ordered to advertise these two Houses ; the Prisoner, Joseph West , came to my House on Friday, and he said it was his Business to take empty Houses to build and repair them; the Man appearing to me to be an honest Man, he came with another Person, I had the Keys of these Houses, and I let him have them , and he went into one of them, and there he broke down an Iron Sink lined with Lead , which, with the Help of another Person, he carried off. On Saturday last they came again, upon which the Neighbours had some Suspicion of them, so they cried out stop Thief. These Houses anted repairing or rebuilding.
Court. Then the Prisoner at the Bar would have been employed to work about them?
Tomlinson. He was to take the Houses himself, and repair them at his own Charge; he was first to go and look over the House to take an Estimate, then to take a Lease. I have nothing farther, than that the Sink was broke out from the Wall; they tell me there were two in Company with him.
Q. Did the Prisoner come to you to have Liberty from you to survey these Houses?
Tomlinson . Yes, Sir.
Court . You do not know he had any Company with him ?
Tomlinson. There was a Man with him when he came to my House the 24th of this Month.
Q. Was this Lead missing the 24th?
Tomlinson. No, my Lord, it was not missing till the Day following.
Prisoner to the Witness. Did you see me take the Lead away?
Court. But he saw Lead missing from the Sink in the Room.
Marriot I know the Prisoner at the Bar and another Man came to my House at three o'Clock in the Afternoon, he said he was taking an old House upon Lease, and he should have a large Quantity of Lead; I said he had better then let it alone altogether, he said there was a little Cistern which perhaps some of the Workmen would steal. I was speaking to a Person in the Neighbourhood of a Man that was taken for robbing the Mail, and they replied, a Man is taken for stealing Lead out of our back Houses; I replied, What Sort of Men were they? They said there were two of them, but one is gone away so on Monday I went down to see if this Lead measured with the Place, and I saw it exactly tallied. I gave him for it after the Rate of 11 s. per Hundred .
Gosling No ; but when they took him, they cried out stop Thief. While he was in the empty House, where he took the Lead from, when they cried out stop Thief, I locked him into the House, the Key was without Side; there was a Chisel and a Cooper's Adze , which they think the Lead was taken out by. (These were produced in Court .)
Q. What Time did you lock him in?
Gosling. My Lord, they came about eight o'Clock in the Morning, and took this Lead, and they came a sec ond Time, that I locked him in.
Tomlinson. When this Man came to me, he said that he was an House-keeper, and lived in Old-street Square, and I might enquire a Character of him at the Cook in Old street Square.
[This was a Reply to one of the Prisoner's Witnesses, who said he had lodged with her for four or five Months. Two or three of his Witnesses gave him a good Character, but he had little to say for himself.]
Granger . Yes, Sir; I was sent for from Home down to Gravel-lane to Justice Mainwaring , for that they had got a Person that had stole some of my Deals; and when I came there; he shewed me the Place where he had carried them.
Q. What did he say before the Justice?
Granger . He owned before the Justice that he took two whole Deals, and three half Deals.
Q. Where did he say he took them from?
Q. What is the Prisoner's Character?
Granger. A bad Man I believe.
Thomas Powers was indicted for stealing two Hand-saws , the Goods of John Hunter , April 26 .
John Hunter . I was coming Home, and I saw the Prisoner with two Hand-saws coming out of my Shop door; I pursued him, and cried out stop Thief, and he dropped them about three Doors from my own House. This was the 26th of April, it is mentioned the 27th, between 12 and 1 at Noon, he took them from a Room behind the Shop; I laid them there, because I lost three out of the Shop about two Weeks before; I followed him and cried out stop Thief, and he dropped them three Doors beyond my Shop. I left the Saws in the Street, and I took him when he had run about an hundred Yards.
Q. Where did he drop them?
Hunter. In Westharding-street , I saw the Saws under his Coat , and here is a Witness that saw him besides ; I did not lose Sight of him, and I knew him by haunting the Shop the Night before. I live in Westharding-street , in the Parish of St. Brides .
Q. Did you take the Saws up?
Rowlins. I saw him drop them, I followed him.
Q. Where did you see him?
Rowlins. I saw him out of one Pair of Stairs Window , I looked through the Window, and saw them both run. I saw the Saws flung down in the Middle of the Street.
Court to the Prisoner. What do you say to this?
Prisoner . A Man told me there was a Press-Gang that made me run, and the Gentleman stopped me, and accused me with the Saws , but this was a great Way from his Shop.
Guilty 10 d.
193. Richard Swift was indicted for stealing one Silk Gown, value 2 s. one Linen Apron, value 6 d. a Velvet Cap, value 2 d. two Pair of Shoes, value 2 d. a Straw Hat, &c. the Goods and Chattles of Mary Isaacson , April 7 .
Isaacson . I did not see the Things taken away, there was a Silk Gown, one Pair of Shoes , a Pair of Stockings, a quilted Coat, and Part of a black Velvet Cap, and a Pair of Gloves , a Straw Hat, and the Handkerchief that they were tied up in, &c.
Q. Where did you lose these ?
Isaacson. In Bishopgate street, I gave them to the Porter to put them into the Hackney Coach, I was just come out of the Cambridge Stage-Coach .
Q. When was this?
Isaacson. Three Weeks ago Yesterday.
Court . You gave them to the Porter to put into the Coach , you did not see them?
Isaacson. I gave them to the Porter to put into the Coach , what he did with them I cannot say.
Q. Did they take them out of the Stage-Coach ?
Isaacson. The Porter brought them into the Inn to me.
Q. Did you go into the Hackney Coach before the things were put in?
Isaacson. Before I went into the Coach, he cried out Stop Thief! he said a Man was about to take my Bundle away; with that, I was frightened upon his crying stop Thief; and he said the Man had dropped the Bundle into the Coach again.
Q. Did you go into this Hackney Coach ?
Isaacson Yes, after that.
Court. When you went into the Coach the things were there?
Isaacson. Yes, the things were in the Coach?
Council for the Prisoner . You say you came up in the Cambridge Coach, and brought these things out of the Country? You desired this Porter to put them into the Hackney Coach , do you know whether he did put them in? I ask you when you come to go in the Hackney Coach, were not these things there ?
Council. And you don't know they were out, who is the Coachman?
Isaacson. This is the Man.
Thomas South -work. I am Porter and Book-keeper belonging to the Cambridge Coach; and I was desired by this Gentlewoman, to call a London Hack; I fetched the things out of the Room, and put them into the Coach, and the Prisoner at the Bar was taking the things on the other Side; I saw him take hold of the things, I spoke to him, and he dropped them; I cried after him, Stop Thief! and I knocked him down in the middle of the Street; he moved them out of the Place , when I spoke, he dropped them into the Coach again ; they lay the Top of the Edge of the Coach ; I have lost a pretty many things, and I am obliged to look very narrowly; I called out to him . What Business have you with those things? I kept Sight of him, he run just across the Street; I run up to him and knocked him down.
Council. What Time of the Night was this?
Southwark. It was about eight o'Clock; it was about the Grey of the Evening.
Council. Where was the Coachman?
Southwark. The Coachman might be seven or eight Yards from the Door, he was in the Street.
Council. Was it not light enough to see what a Man was doing?
Southwark. It was light enough for that, or I should not have seen him.
Q. Did you see any near him? Was there not People about, passing on all Sides? I suppose you had turned your Back to the Coach?
Southwark. No, my Lord, I stepped out backward, one Foot was on the Step of the Coach, and the other on the Ground.
Q. Who took them off the Seat?
Southwark When I spoke to him, he dropped them and ran, I never lost Sight of the Man; when I had him down, the Coachman came and laid hold of him as well as myself after he was down.
Court to the Prisoner. Will you ask this Witness any Questions ?
Prisoner. What I have to say is, one Mrs Riley came to me and said, one William Harper owed her 4 l. 15 s. I cannot be positive to a Shilling. She asked me if I knew an Officer that would arrest him; I took this Writ out for one William Harper , I was to decoy him out of the City into Middlesex, in order to arrest him. Mr Pincher and one John Kent were with us; as we were coming along, this Man knocked me down, and kicked me; I said, Friend, What do you mean? D - n you, he said, you are a Bailiff, you shall be ducked; then he pulled me down the Bull-Inn , he took me into the House, and he said I had pulled a Bundle out of the Coach; I said if I have done that , don't kick me and beat me.
Pincher. Yes, Sir, I was.
Council . How near was you to this Place in Bishopgate-street ? Give an Account of what you saw when you came there.
Pincher. Mrs Gardner, Mr Kent, Riley, and Swift, came out together in order to arrest Harper, we went, in order to find him, to the Bull-head; I says to Swift, I believe there he is on the other Side of the Way.
Q. And did he run over?
Pincher. I saw him run over.
Council. Was you near this Hackney Coach?
Pincher. I saw him run by it, no otherwise.
Council. When you saw him run by the Hackney Coach, did you see the Porter?
Pincher. Yes, this very Man, and he said to Swift, you have robbed the Coach, you are a Bailiff's Follower , you shall be ducked ; d - n him he is a Bailiff's Follower, we will take him and duck him. I said to the Plaintiff, Mrs Riley, let us get away, we shall be served the same Sauce; we came back in about an Hour, and we heard he was gone to the Compter, and I said, G - d d - n you, tell me for what.
Kent. The Officer is my Acquaintance, they were to arrest one Harper.
Council. Was you got up to the Hackney Coach when Pincher gave that Word? Did you see the Prisoner along the Side of the Coach?
Kent. I saw him run by the Coach.
Council. Then if he had stopped to take any thing up, you must have seen him?
Kent. I must have seen him.
Q. to Mrs Gardner. Was you present at this Time in Bishopsgate street? How near was you to this Coach?
Gardner. About fifteen or sixteen Yards, and I heard the Officer say to Swift, run over, I believe he is there at the other Side of the Coach.
Council. When Pincher said there is the Fellow on the other Side of the Way, run and see, were they then got up to the Hackney Coach when Pincher gave this Word of Command to run? Did he stop at the Hackney Coach?
Gardner. He did not, I heard somebody cry out, Stop him ! Stop him ! he is a Bailiff's Follower .
Riley. Upon my Oath he was.
Council . When Pincher gave the Word, was he near the Coach?
Riley. He flew like Lightning.
Council. I ask you whether he stopped at the Hackney Coach?
Riley. He never was nor never put his Hand near the Coach.
Council . Was there any Outcry ?
Q. to - Blackburn. How long have you known Swift?
Blackburn. I have known him near three Years, he has dealt with me, I am a Grocer and Oilman, and I deal in Wood; he has dealt with me, laid out about 18 l. I have often gone by his House, and I have seen him at work.
Q. What Character does he bear?
Blackburn. I never heard but that he was an industrious Man.
Renten. I have known him upwards of two Years, and I have entrusted him with many Things of Value.
Q. What Character does he bear?
Renten . That of an honest Man.
Smith. I have known him six Years, and the People that I have heard speak of him, speak well of him; what I saw of him was, that he behaved well.
Abraham Larden . I entrusted him to take in Money for me, I have allowed him about 2 s. in the Pound: Since he has been confined, he had the Value of 40 l. in his Hands, and what he gave me an Account of, I found every thing to be true to a Half-penny.
Goddard. I have known the Prisoner two Years, I live in Covent-garden.
Q. What Character does the Prisoner bear?
Goddard. He is an Ivory Turner, the Character he bears is a very honest one.
George Smith . We lost these Things out of our House, the Prisoner at the Bar was a Servant with us at the Time, and had been so for a Fortnight; we went to bed about ten o'Clock at Night, some of the Things were in the Room where we lay, and some in the Room where she lay, and the Prisoner at the Bar came into the Room where we lay. When she was taken, some of these Things were upon her.
Q. When did you miss them?
Smith. That same Night, about ten o'Clock; somebody came to the House for some small Beer, the Prisoner had left the Door open when she went away.
Q. When did you meet with her afterwards?
Smith. Five Weeks afterwards.
Q. Where did you meet with her?
Smith. In Tyburn-Road, she had got the Shift and Petticoat; and the Gown, Apron, and Cap she confessed she had sold. She said if we would let her go, she would tell where the Gown was sold.
Smith. Yes, my Lord.
Q. Where do you live?
Smith. We live at Hyde-Park Corner, I was to give the Prisoner 1 s. a Week to look after my Child. I work at Gentlemens Houses.
Q. Did you lose any thing lately?
Smith. I lost a Linen Gown, &c. I went but I could not find the Place nor the Woman neither, where she said she had sold it.
Court to the Prisoner. What have you to say for yourself?
Prisoner. They gave the Things for my Wages
Ellis. On the 24th of March last, in the Evening, I was coming from Leaden-hall , this Man, the Prisoner, was behind me, and I felt his Hand in my Pocket; immediately I turned round and said, You Rogue, you have picked my Pocket.
Q. What did the Prisoner do?
Ellis. I will not swear that he took the Handkerchief out of my Pocket, I will swear he had his Hand in my Pocket, and I caught hold of his Hand, and then I saw my Handkerchief down on the Ground; I took hold of him directly, and said he had picked my Pocket; I took my Handkerchief off the Ground just by him and I.
Court to the Prisoner. What will you have him asked?
Prisoner. Ask him whether there were no other Persons passing and repassing .
Ellis. I felt his Hand in my Pocket, and seized him.
Court to the Prisoner. Have you any Witnesses?
Prisoner. I have none but my Master, and he is out of Town.
Robert Addis . About seven o'Clock at Night, I was going through Bishopsgate street , and the Prisoner at the Bar was coming before me, upon the Right Side of me, and I saw the Prisoner put his Hand to my Right-Hand Pocket; upon that the Prisoner at the Bar went back for a few Yards; afterwards he came the other Side of me, and I felt something at my Pocket; upon that the Prisoner went off, and I did not see him, but presently after I saw the Prisoner deliver something to two Men that were along with him; after he had delivered something to these two Men, then the Prisoner came back again; upon his coming back, I and my Brother seized him, but did not find the Handkerchief upon him; I am very positive the Prisoner at the Bar is the Person I saw with the Handkerchief in his Hand.
Q. Where do you live?
Addis. At the Corner of Great Eastcheap, about three Doors from Devonshire-square; as I was walking on the Left hand of my Brother, my Brother clapped his Right hand to his Pocket; we had not walked above four Yards further, but the Prisoner at the Bar came between us, and whipped his Hand into my Brother's Right hand Pocket; he immediately withdrew about three Yards back; he turned about five Yards, and we laid hold of him as soon as we saw him again; he mixed himself with the People, at first we lost Sight of him, but in about five Minutes we saw him again and laid hold of him; he came back again immediately as soon as he had delivered the Handkerchief to his Company.
Q. What was the Handkerchief?
Addis. An India Silk Handkerchief.
Fisher. Please your Lordship, the Prisoner came into my Yard to Day, between nine and ten in the Morning; I live in Pearl-court, White-Fryars , and at the same Time I took them from her.
Q. Who was there in your Yard?
Fisher. No Body but I; she went through the Entry, and a cross the Kitchen, and upon the Kitchen Step, she stood and dragged them off the Line.
Q. What Stockings were there?
Fisher. There were nine Cotton, and three Pair of Thread, Gentlemens Stockings.
Q. When you saw her take these Stockings from the Line, what did you do?
Fisher. We stopped her in the Entry with them in her Lap; a Neighbour saw her take them, and she called to me to come and see, and I took them from her in the Entry.
Dorothy Davenport . I was going down to the Yard, and I met the Prisoner coming up the Kitchen Stairs; the Stairs were dark, and I made way for her to come by; I thought she looked like a very suspicious Person; she told me a frivolous Story that she had been carrying Water, &c. I knew my Neighbour had Linen drying in the Yard, and I was afraid she had taken something that did not belong to her; I asked her two or three Questions; her Excuse was that she had been doing something for a Gentleman up two Pair of Stairs; when she made this frovolous Excuse, I knocked at my Neighbour's Door, and desired her to come, I was afraid she had lost some of her Linen. When my Neighbour came out, she pulled the Prisoner in by the Shoulders, and took these Stockings from her; she owned she had taken them off the Line, and she owned it before Sir Henry Marshal .
Guilty 10 d.
The Prisoner said in his Defence, he picked it up in the Market.
Joseph Simms and - Maidwell, two Tackle Porters, gave the Prisoner a good Character, said he had been entrusted in their Warehouses with things of great Value, and they never found him to be the least dishonest.
Guilty 10 d.
John Mayhew . What have you to alledge against the Prisoner ?
Mayhew. For stealing of Check, the 30th of March.
Q. Where do you live?
Mayhew . The Corner of Woodstreet.
Q. What have you to say against the Prisoner with respect to this Loss ?
Mayhew. The Prisoner took it the 30th of March; I can't say that I saw her take it; I called my Wife to serve her; she came into my Shop under a Pretence to be a Customer, I saw her take it down to look upon it, I did not see her take it away.
Q. When did you find it again?
Mayhew . The very next Morning, she past by the Door with the Check under her Arm; I took her and brought her back with the Check under her Arm; I know it to be my own by a particular Mark that it has.
Mayhew . The Prisoner at the Bar came into my Shop, the 30th of March, when I came down, she had got a Piece of Check in her Hand, which was not that which was lost; we differed about the Price; she told me that a Gardener's Wife at Hackney had bought it for 10 d. and I asked two and twenty Pence for it; well, says she, I am going as far as Knightrider-street, and I will have a couple of Aprons, and I will buy a Gown of this thing; I saw this Piece of Check upon the Compter, while she was in the Shop; that which she was bargaining for, was of another Sort; she said, I'll call when I come back; I said good Woman do you know the Shop? she said yes; after she was gone, I was clearing the Compter; I said, Mr Mayhew , where's that Piece of Check? I don't know, says he; I said then that Woman has it; the next Day she locked up over the Bulk of the Door, and I said she had got the Check under her Arm; we could not swear to the Length; so Mr Mayhew , my Spouse, brought her back , and that Check I can prove to be my own; this happened to be a Piece I have had a pretty while, that no Body liked it; that I had it often before my Eyes.
Court to the Prisoner. What have you to say for yourself?
Prisoner. I have got People that have known me from an Infant, to speak for me.
Court . Have you got any Friends to give an Account how you came by that Piece of Check?
Joseph Jenkins . I have known the Prisoner for above twenty Years; her Character, to the best of my Knowledge, has always been good; she came of very good Parents, her Father and Mother kept the Angel at Bow-bridge ; after her Father and Mother died, she went out to Service; I helped her into one Family at Newington, one Mrs. Delafontain's, she lived very well, and I never knew her guilty of any Crime in my Life.
Hunt. Above thirty Years, she always behaved very well.
Susannah Wilks . I have known the Prisoner these 40 Years, I never knew her do any thing amiss in my Life; she has lived in a good Way within these two or three Years; she has been ailing, she has been in Place and out of Place.
Guilty 10 d.
Cole. Yes, on the 19th of March I lost a Cotton Gown.
Q. Where did you lose it from?
Cole. It was lost out of the Yard, Sir, in the Neighbourhood where I hung it to dry.
Q. When did you find it?
Cole. We found it the next Day; she owned it the same Day that she took it; she knew it was mine.
Q. Did you find the Gown upon her?
Cole. No, my Lord, she pawned it; she brought me to the Place where she had pawned it for Five Shillings.
Q. What is the Worth of it?
Cole. It was worth 10 s. it was the first Time it was wetted ; it cost me 15 s.
Q. What is this Woman, do you know her?
Cole. She lives in the Neighbourhood; she goes a Charing.
Prisoner. My Lord, the Woman where she carried it to dry, sent me with it to pawn.
Bowing. I don't, but my Father does, he keeps a Pawnbroker's Shop in East Smithfield.
Q. Do you know the Prisoner ?
Bowing. She has brought things several times for the same Person, she pawned it in the Name of Gregory.
Guilty 10 d.
Sarah Sharp was indicted for stealing one Cambrick Hood, value 6 s. a Linen Apron, value 3 s a Suit of double Pinners laced, value 7 s. one India Muslin Handkerchief, value 6 d. the Goods of James Savage . April 24 .
Savage. Yes, my Lord.
Q. Where do you live?
Q. Did you lose any thing?
Savage. I lost a Cambrick Hood, worth 6 s. a white Apron 3 s. an India Handkerchief 6 d. a Suit of double laced Pinners , worth 7 s.
Q. Where were these things?
Savage. On the Top of a Chest of Drawers; they were Goods brought from washing.
Q. When did you miss them?
Savage. Last Sunday .
Q. When did you see them before?
Savage. To the best of my Knowledge I saw them the Thursday before; I found the Hood, but the other things were all sold.
Q. Where did you find the Hood?
Savage. With Mr Bokham.
Q. Did the Prisoner confess the taking of these things?
Savage. Yes, Sir.
Q. How came you to suspect her?
Savage. I hired her while I was ill, to wind a few Quills .
Q. After you lost the things, did she continue, or did she go away?
Savage. After she took the things, she went away and did not come again.
Q. When was she taken up?
Savage. Last Monday.
Q. Was you with her before the Justice ?
Savage. She confessed both before and at the Justice's , every thing she took ; that she had given them to another Woman, and I took a Warrant out for her, but she had locked up her Door, and I could not find her.
Q. Did she confess she took the things off from your Chest of Drawers ?
Savage. She took the Hood and the Pinners off the Drawers, and she confessed she pawned the Hood for 2 Shilling.
Saul . Yes, on Monday Night.
Q. Did she confess any thing to you?
Saul: Yes, she did acknowledge she took the Things, but she did not confess much.
Q. Was you with her before the Justice? What did she confess then?
Saul. She confessed, I believe, most of these things before the Justice.
Q. Did she say she pawned them?
Saul. I can't remember the Particulars; but when we asked for it, the Pawnbroker acknowledged it directly.
[There was another Indictment against the Prisoner, but as this subjected her to Transportation , she was not tried upon the other.]
203. + William Cramp was indicted for making an Assault upon Richard Walthoe , with his right First struck him on the left Side of his Temples, giving him a mortal Wound and Bruise, of which he instantly died ; he was likewise tried upon the Coroner's Inquest, who found him guilty, not of Murder, but Man-slaughter.
Q. When was it?
White. About a Fortnight ago; in going in for a Pot of Beer, where was the deceased Man, and he said he would give any Body a full Pot of Beer to laugh at this Man at the Bar; I very innocently goes in, and said, for a Pot of Beer I would laugh at him.
Q. And did you laugh at the Prisoner?
White. And when the Pot of Beer came in, I drank to the Man that is deceased, and before I got the Pot of Beer from my Mouth, the Accident happened ; this Man got up to drink some of the Beer , I suppose the deceased Man shoved him, and they went to quarelling; I did not see any Blows struck.
Q. What happened then?
White. The misfortunate Blow that was struck, knocked him down, and there he lay, and he laid for some Time; I saw him lie down and fetch no Breath, nor nothing in the World; I takes him up, and turns him upon his Backside, and I held my Hand under his Chin, till there came a Woman and took him out of my Hands, I saw no more of it.
Q. Was he dead ?
Mumford. I saw him, but I don't know his Name ?
Q. What did you see done ?
Mumford. I saw him killed with a Blow with the Fist.
Q. By whom?
Mumford. By the Man that was there, whose Name is Cramp .
Q. Was there any Quarrel ?
Mumford. I saw no Quarrel; that Man laid a Wager that he would do with him any three things except fighting .
Q. Who said so?
Mumford. The deceased .
Q. What then?
Mumford . This Man went to take the Beer from the deceased , and the deceased said he should not have his Beer , he should set down; whereupon Cramp, the Prisoner , got up; I did not see the Blow struck, I saw the deceased's Hand up, but I did not see the Blow struck ; the Blow the Prisoner struck was an unfortunate Blow that killed the Man.
Q. Is there no Body here that knew the deceased ?
There was none acknowledged they knew the deceased, by which the Prisoner escaped having any Punishment .
204, 205. James Masterman and Edward Phillips were indicted for stealing 50 Pounds Weight of Tallow, value 10 s. and twenty Pounds Weight of Cotton, value 30 s. the Goods of William Greenhill , April 4 .
Greenhill. In Newport-Market .
Q. What is your Trade ?
Greenhill. A Tallowchandler .
Q. What did you lose?
Q. Did you know him?
Greenhill . No, my Lord.
Court. It was dark then .
Greenhill. Yes very dark.
Q. How came you to be up?
Greenhill. I was called up, and I found him at my Shop Door with a Basket of Tallow .
Q. How much might there be?
Greenhill. I believe about 50 Pounds, value 10 s. when I came down, he was at the Door, and he came into the Shop, and fell down upon his Knees , and begged I would excuse him, for it was the very first Time that he had done any thing of that Kind; I kept him in the Shop, and before he went to the Watch-house, he confessed he had taken such a Basket full before.
Q. What became of your Tallow?
Greenhill. The Basket of Tallow that he had taken last , is at the Constable's, the other is disposed of.
Q. How much did he confess ?
Greenhill. I suppose about the same Quantity .
Q. Have you missed Tallow before ?
Greenhill No, my Lord, I have not missed it
Q. Could you lose such a Parcel , and not miss it?
Greenhill. Yes, my Lord.
Q. What do you know of the other Prisoner, Masterman ?
Greenhill. Phillips told me that it was by the Instigation and Persuation of Masterman that he did this? and that he had never known my Shop had it not been for him.
Q. Where was Masterman?
Greenhill. He was at work in my Cellar .
Q. Have you no other Evidence against Masterman but what this Man said?
Greenhill. I know nothing but what this Man said.
Q. Was there any thing else taken away?
Greenhill. A Bag of Cotton.
Q. Was that at the same Time?
Greenhill. No, my Lord, that was some Time before.
Q. Did you see it, or did he confess it ?
Greenhill. Phillips told me, that Masterman had carried Cotton away, and he told me where he had carried it. I believe it to be of the Value of thirty Shillings.
Q. Did you miss any Cotton?
Greenhill. I did think one Time I did miss it.
Greenhill. He did not confess that he was concerned in carrying this Cotton away.
Q. Had you ever your Cotton again ?
Greenhill. I hear the Constable has that Parcel of Cotton.
Q. Do you know it when you see it ?
Q. Do you know any thing more? Did Masterman confess any thing?
Greenhill. Nothing at all.
Q. How long did Masterman work with you?
Greenhill. The best Part of the Winter ; he worked with me as a Journeyman .
Prisoner. Masterman. Ask Mr Greenhill if I had any Concern with the Tallow, and as for the Cotton I bought it of one Lawson. I never carried an Ounce of Goods out of his House in my Life.
Greenhill. His Nephew, Sir; on the 4th of April, at two o'Clock in the Morning, I looked down through the Grate as they were at work , when I looked down, the first I saw was Edward Phillips walking a cross the Cellar after Masterman , with a Basket on his Shoulder; presently there was a Couple of Shutters put up, James Masterman ordered the Boy to put up a Couple of Shutters; the Boy is got away, is not taken , and by putting up the Shutters, I could not look down .
Q. What happened after that?
Greenhill After that, in about five Minutes, they were coming up the Ladder into the Shop, I steps to the other Side of the Way thinking they would come presently, I heard the Door open , and I saw Edward Phillips come out with a Basket of Tallow on his Back.
Q. Was there any body with him?
Greenhill. My Lord, I saw no-body , I stepped up to him, and catched him by the Collar, and asked him whether he was going with that; he replied, For God in Heaven's Sake, it was the first Time; after that, he confessed he had been there once before, and he was to have come the Monday following.
Q. What did he take before?
Greenhill. He had about half an Hundred, and fourteen Pounds, as he told me.
Q. What had he done with it?
Greenhill. He said he had made it into a few Candles to maintain his Family ; he had a large Family he said .
Greenhill. I cannot say that I saw him touch the Basket .
Court to Phillips, the Prisoner. What have you to say?
Phillips. When he took the Basket of Tallow, I told him I bought it of Mr Greenhill's Apprentice .
Q. to Greenhill. Did he tell you that he bought this Tallow of the Apprentice?
Greenhill. He said he bought it of James and the Apprentice, he said he gave 15 s. for this Parcel, and 15 for the last Parcel.
Q. Who did he say that he paid that Money to.
Greenhill. He said he paid the Apprentice for the first Parcel, and the other to James.
Q. Did you examine the Apprentice?
Greenhill. My Lord, the Money was hid, it was put in between the Checks of a Press and a Box in the Workhouse .
Q. Who shewed you where the Money was?
Greenhill. The Apprentice, he took it out, and this is the 15 s. for the last Parcel, and he said they had spent the Money for the other Parcel.
Court to Phillips. Would you ask the Witness any Questions?
Phillips. My Lord, he took the Money from the Apprentice, and the Apprentice had an Opportunity for two or three Hours in order to escape, to make Examples of us.
Q. How came you to buy it of such Persons ? And how came you to fetch it away at that Time?
Phillips. My Lor d, he told me I might come for it at any Time when it suited me.
Q. Who brought it?
Q. How much was it?
Lloyd. There was upwards of twenty Pounds of it.
Q. What did you give for it?
Lloyd. I did not buy it of him, my Lord; he asked me to buy it, or if I could tell him any body that would buy it; he told me it came from his Master Greenhill's in Newport-market .
Q. Did he pretend he had any Authority from his Master?
Lloyd. He told me he was to have Part of the Money for selling of it.
Q. Do you know who did buy it?
Lloyd. He appointed me to come in three Days for an Answer; before the Time was expired, he was taken up; the Cotton was left at my House with a Design to call in three or four Days to see if I would buy it, or knew any body that would buy it; it was
Q. Who had the Cotton ?
Masterman. My Lord, please to ask the Evidence whether I told him where I got that Cotton; I told him I bought it of one Lawson.
Q. to Lloyd. Did or did he not tell you he bought it of Lawson?
Lloyd. No, my Lord, he did not.
Masterman. I can prove the Delivery of the Cotton, the Man I bought it of is gone out of Town.
Court to Masterman. What have you to say in your Defence? Who do you call?
Taylor. I am a Publican, I know the Porter that brought a Bag to my House, and left it at my House for some Time; it was a Month or five Weeks ago. This Prisoner at the Bar came to the Porter, and paid him for bringing of it, and gave him a Pint of Beer for his Trouble .
Q. What Time of the Day was this Cotton brought?
Taylor. About eleven o'Clock in the Day-time; the Prisoner always behaved very well, I have heard an extraordinary good Character of him.
Hutton. I have known him seven Years, and never heard any thing of him but Honesty.
Q. What are you?
Hutton. I am a Weaver by Trade.
Mumford. A Victualler.
Q. How long have you known this Man?
Mumford. He used to come to our House several Times to see his Acquaintance , I never heard any thing of him but what was very good, before this happened; how true it is, I cannot tell.
Andrew Ferguson . I am a Tallow-chandler, I have known the Prisoner, Masterman, three or four Years, he has worked for me, and lodged in my House, and has brought Candles of me , and paid me honestly for them.
Ferguson. No, no farther than that I have seen the Man .
Sheron . I am a Peruke-maker .
Q. What do you know of this Man?
Sheron . I have known him about two Years, he has a very good Character, and his Relations give him as good a Character as I have heard of any Man .
Archibald Brown I am a Sea faring Man, I knew him before he served his Time out, and since, and never heard any thing ill of him .
Masterman. I expected Mr Allen of Wapping , and some others besides, to my Character.
Court to Phillips. Have you any body to call?
Phillips. I rely upon one of the Evidences for my Character, that has known me some Years.
Q. What Character has he?
Lloyd. I never heard any Ill of him in my Life.
Thomson. My Father is a Smith, my Lord.
Q. How long have you known this young Man?
Thomson A Year and a half, and I know him to be a very honest Man, as far as ever I saw.
There was no legal Evidence against Masterman , with respect to the Tallow, and the only thing that affected Phillips, was his taking away the Tallow, though that was set forth to him by the Court as a very wrong thing; but then the Prosecution appeared to them to be wrong too, because they should have indicted the Apprentice for selling his Master's Goods that he had no Right to, and the Prisoner should have been indicted for receiving stolen Goods, since the Fact is verified by the Money being produced.
Both acquitted .
[The Prisoners were admonished by the Court how they acted such a wicked Part again ; for one to see his Master's Goods embezzled and sold, and the other to buy them in such a Manner ]
207. Thomas Butler was indicted for returning from Transportation, before the Expiration of seven Years . It appeared to the Court that he had staid six Years and ten Months, and that upon examining the Order of his Transportation, it was not according to the Words of the Act of Parliament , and the Manner of the Order of his Commitment altogether irregular; upon which the Prisoner was acquitted .
208. + John HUNTER was indicted, for that he, not having the Fear of God before his Eyes, but being moved by the Instigation of the Devil, on the 20th of April , in and upon the Body of Grace Pitts , feloniously did make an Assault, wickedly ravish, and carnally know and abuse, against the Form of the Statute in that Case made and provided .
Please your Lordship, and you, Gentlemen of the Jury , I am of Council in this Cause for the Crown, and you will see the strongest Reasons to support this Prosecution; it is for a wicked Fact charged upon the Prisoner, a Rape upon the Body of Grace Pitts , a Child of ten Years of Age. As I am Council for the Crown, perhaps you will expect from me a particular Detail of these Facts, from the Circumstances of the Evidence, we shall infer to you the Heinousness of the Offence, and the Necessity , for the Sake of Justice, to find him guilty.
Gentlemen, in the first Place, the Evidence that must be laid before you, is of such a Nature (in order to enable you to give your Verdict) that it is absolutely necessary it should be publickly given, but Decency requires it should not be publickly repeated no oftner than is necessary; you must hear it from the Mouth of the Witnesses. In capital Cases of this Kind, as the Law now stands, Prisoner have no Right to the Assistance of Council in making their Defence, which indeed I have thought something hard .
But, Gentleman, if any Matter of Law should arise, the Prisoner will be indulged to defend himself by Council.
I am sorry to say to you, that the Prisoner at the Bar, and the poor miserable little Wretch, the Subject of his Abuse, this Fact, wicked as it is, will not only be proved to you with all the blackest Circumstances, but we shall prove that the Prisoner was guilty in Point of Law as well as Conscience . To the Witnesses I shall leave the whole Matter; by his own Actions, let the Prisoner stand or fall. Gentlemen, I trust you will do all that the Prosecutors desire, that is, Justice.
Wilkinson. Yes, Sir.
Council. Give an Account how you came to suspect something ill had been done to her?
Wilkinson. By her Linen.
Council. How long ago?
Wilkinson. Last Thursday, her Linen led me to enquire how it came.
Council. You examined her?
Wilkinson. Yes, Sir.
Council. Did you find the Girl greatly disordered.
Wilkinson. Yes, Sir, she did not know how to walk.
Council. You say there was something upon her Linen, what did you apprehend?
Wilkinson. I thought the Child had a Running.
Council. Does that Disorder continue upon the Child still?
Wilkinson. Yes, Sir.
Council. Was you present when the Prisoner was taken up?
Wilkinson. Yes, Sir, and he said she often use to be asking for Half-pence , and he did not think there was any Hurt in it.
Q. What Sort of a Child is it in it's Behaviour?
Wilkinson. A decent well behaved Child.
Q. How old is the Child?
Wilkinson. The Child was ten Years old last St Thomas's Day.
Q. Are you sure this Child was in a good State of Health? Was there no natural Disorder ?
Wilkinson I don't know.
Council. Did you before suspect this Man's doing any thing to the Child? Has not this Child frequently gone with Messages? Has not this Child frequently gone on Errands for you to this a Man and to the Maid-servants?
Wilkinson . She went to this House, where the Man lived, now and then, as a Neighbour might for any thing.
Council. Now, Mistress, I would beg Leave to ask you (the first Time that you had any Intimation of this thing, was from the Linen of the Girl) did you ever, at any Time before that, find any thing ail her Linen?
Wilkinson. I did not suspect it to arise from a Strain.
Council. Have you never seen Linen coloured in the same Way, happen from a Strain?
Wilkinson. No, never in my Life.
Council. But have you seen Linen of that Colour before?
Wilkinson. I never did.
Council . I would adventure to ask you, Mistress, upon this, when you was with the Girl ; I believe on Friday last; I think you went before the Justice. When you went before the Justice of Peace, was there a Complaint that the Girl actually was ravished, or only an Assault, with an Attempt to commit a Rape?
Wilkinson. A Rape, Sir.
Q. Was you present when the Surgeon examined the Child?
Wilkinson. Yes, Sir, and he said the Child was very bad, and the Fellow had used her very ill; he said he ought to be hanged.
Council. So the Justice committed this young Man?
Wilkinson. Yes, Sir.
Q. When was this Fact committed?
Wilkinson. About a Fortnight or three Weeks ago.
Q. Did she make any Complaint to you before you found it out by her Linen?
Wilkinson. Yes, Sir.
Council for the Prisoner. I object to this Child being admitted an Evidence; there was a Man indicted for robbing the Mail in the County of Surrey, and a Boy was produced of 12 Years of Age, and he was rejected entirely as an Evidence. As this is a Case of such a Nature, as will affect Life, a Person indicted therefore, is liable to so high a Punishment, that your Lordship will hardly, in a Case of this Nature, admit this Child to be an Evidence. There was a Case about eight or nine Years ago that happened in the County of Surrey; a Person was produced there of eleven Years of Age, to prove a Rape on her Body, and the Judge refused her.
Council for the Crown. If Mr. Dawson can set aside such an Evidence, his Client, and all such, will be highly obliged to him; Without their Evidence being admitted. how is such a Crime to be proved? Can it be expected when a Man goes about such an Act, he calls Witnesses? With Regard to what Mr Dawson mentions, what may occasion that, may be that, when Persons are under Examination, with Regard to the Nature of an Oath, and have been totally ignorant; but not only in this Place, but Children every Day are admitted; this Child was ten Years old last St. Thomas's Day.
Council for the Prisoner. Mr. Potter has given no direct Answer to what I mentioned; that is, the Case of Miller, indicted for robbing the Mail, that a Boy was the only Witness in that Case, and not admitted. Mr. Potter says, if the Child is not admitted, how can such Facts be proved? In the Three Tun Tavern , if the Child had cried out, from the Alarm of a thing of that Kind, there might have been twenty other Persons to have been Witness of this Kind.
Pitts. God Almighty will hate me if I give a false Oath.
[The Child was admitted an Evidence .]
Council. Give an Account of what he did to you; What did he do to you, Child?
Pitts. I went to speak with one of the Maids, but none of them were at Home; and he said if I would go into the Back Room, he would give me an Orange, I did not think he would hurt me; when I
Council. Did you feel any thing particular?
Pitts . It felt st - ff .
Council. Did it hurt you?
Pitts . I said it hurt me sadly; he would not let me alone; I said if he did not let me alone, I would cry Murder.
Council. How came you not to cry out?
Pitts . Because he threatened me, and I was afraid.
Council. Upon your Oath, as you desire that God should love or hate you, did it hurt you?
Pitts . Yes, Sir.
Q. Did you feel any thing particular about the Time that it was there?
Pitts. There was wet just as he was about to take it out; there was something wet, I felt it, and some of it went into me, and some of it I saw afterwards upon the Ground; it was in me a little way, but a very little way.
Council. Was, or was you not, hurt by it?
Pitts. It hurt me all the Time.
Council for the Prisoner. What Day of the Week was that?
Pitts. I can't tell.
Council. Can't you tell what Day of Week, or Day of the Month it was?
Pitts. I cannot tell, but I believe it was about the latter End of the Week.
Council. How long ago was this?
Pitts. About a Fortnight or three Weeks.
Council. When you went into the Three Tuns , where was it that you saw this Man?
Pitts. In one of the Fore Rooms.
Council. Where was you at that Time?
Pitts. I went into the House.
Council. Was you in another Room when you first saw him? you say he called you to come to him.
Pitts . He bid me come along with him, and he would give me an Orange; upon that I did go to him.
Council . Did he give you the Orange?
Pitts. Yes, he gave me the Orange, and bid me not tell that he gave me an Orange .
Council . Did he say that he would do any thing to you?
Pitts. No, Sir.
Council. You said he sat down upon the Chair?
Pitts. Yes, Sir, and pulled me upon his Lap.
Council. When he pulled you that to him, did not you cry out?
Pitts. No, Sir.
Council. Did he not pull up your Coats?
Pitts. Yes, Sir, and then I was frightened.
Council. When he put something to you, did you not then cry out?
Pitts. He said if I did he would do something else to me.
Council. What was that he said he would do to you?
Pitts. He did not say what.
Council. So upon that you did not cry out?
Pitts. No, Sir, I was afraid.
Council. When he put it to you, did it hurt you a great deal, or only a little?
Pitts. I told him it hurt me sadly; I told him I would get away from him, and he said I should not.
Council. You say it hurt you a great deal; Was you sensible all this Time what he did to you? if you was not sensible, how could you tell that it hurt you?
Pitts. I was sensible it hurt me, but was not sensible what it was .
Council. When this thing was over, Child, where did you go to directly?
Pitts. I went into the other Room till some Body knocked for me; I stayed some Time in the other Room.
Council. Did you offer to cry out in the other Room?
Pitts. I would have cried out, i f he had not threatened me so.
Q. Now who was the Person that knocked for you?
Pitts. Our House joined to this, and I could hear them; the knocking was from my Mistress's House that joined; I walked away home.
Council. Who was the first that saw you when you came home?
Pitts. Mrs. Wilkinson.
Council. So you made no Complaint?
Pitts. I told no Body, for I was afraid.
Q. When was the first Time you did tell it?
Pitts. I never told.
Council. She never said any thing till her Mistress taxed her with it .
Mr. Dove, Surgeon.
Council. Sir, have you examined this Child?
Dove. Yes, Sir.
Council. What Condition did you find her in?
Dove. She is in a bad Condition ; I find her Parts very much distended, much enlarged and soul .
Council. Do you know any thing of the Prisoner's being disordered?
Council for the Prisoner. When did you examine this Child?
Dove. Yesterday, about two o'Clock, but there is another Surgeon that did examine her before.
Council for the Crown. I ask you whether you saw these Parts tore or lacerated?
Dove. Not tore, but extended.
Council for the Defendant. May not the Extension of these Parts arise from other Accidents ? the Extension may be done by many things.
Dove. She is not only extended, but prodigiously clapped too.
Council. May not the Extension of these Parts arise from other Accidents, than to come by the use of Men.
Holland. I am a Brewer and Victualler; I have known the Prisoner four Years, ever since he came out of the Country, and he bears a very honest Character.
Council. Is he a licentious lewd Sort of a Person?
Holland. Not as I know of; he bears a very good Character as far as ever I heard of him; he lived a Servant with me almost a Year.
A Witness. I have known him about two Years.
Council. Does he bear the Character of a modest sober young Man?
A Witness . I never heard a bad Word of him before this; he has gone to Church with my Children.
Council for the Crown. To the Church or Mass ?
A Witness. To Church.
- Reynolds. I have known the Prisoner about three Years, he has the Character of a sober Man, I never heard any thing to the contrary .
Q. to - Tull. How long have you known the Prisoner?
Tull. I have know the Prisoner for about three Years, his Character was good when he came to us, I was his Fellow Servant for two Years, during that Time he behaved soberly .
[It was represented by the Court to the Jury, that the Child was but a very few Months out of the Statute of that Clause, in that Text which construes every Fact committed upon the Body of a Child, under ten Years old, whether by Force or Delusion, and Deceit, she is drawn in to have such a Fact committed upon her, 'tis all one; this Infant being a little above that Age, takes her out of that Clause of the Statute, which makes her Consent not necessary; consequently he is indicted now in the same Manner as he would have been in a Fact committed on a Woman of mature Age. There were these things hinted which constitute a Rape; in the first Place, a carnal Knowledge of the Body of a Person; and the next Place it must be by Force, and altogether without the Consent of the Person. Now Delusion and Deceit that is not Force, there is in some Measure the Consent of the Will. It was represented by the Court, what a wicked thing it was to be the Author of such a Delusion and Deceit, but yet that does not constitute a Rape. There were these two things that caused this Person guilty of such a stagitious Crime to escape; viz. her exceeding in Age by a few Months the limited Time specified in the Act of Parliament , and not being able to prove a direct Force upon the Child.]
Mason. On the 10th of March I was coming through Long-Acre; I had my Watch in my Waistcoat Pocket; I was coming from Temple-Bar ; I thought if they justled me they would not attempt to put their Hands to my Waistcoat Pocket; within twenty Yards where the Robbery was committed, I took my Watch out,
Q. Did you catch her Hand in your Pocket ?
Mason. Yes, I pulled her Hand out, and another Person came and took the Watch.
Q. Had you any Conversation with her? Did you not speak to her at all before?
Mason. No, Sir.
Q. Did you get your Watch again?
Q. Did he bring the Watch?
Mason. No, he said he heard a great many Voices but none appeared. When I gave the Prisoner the three Half Guineas she put them into her Mouth.
Court to the Prisoner. Will you ask the Witness any Questions?
Prisoner. Are you not a wicked Man to say I robbed you of your Watch; you wanted to push me into an Alley to have Conversation with me, but I would not let you; I said I had been sick a long Time.
Mason. When I was gone Home to fetch the Money , the Watchman asked her whether I was along with her, whether I drank with her, she said she never saw me till she took hold of the Watch. The Keeper of the Round-House said, Was he long with you; and she said , no.
James Taylor . I am a Watchman, my Stand is in Long-Acre, about the End of Langley-street I think they call it; and I heard a Man cry out Watchman, Watch , accordingly I stepped down, he had charged the Prisoner with picking his Pocket; I said to her, have you been in Company with him, and she said, no.
- Nensan . I was sent on an Errand into Lloyd's Court in Hog-lane, to desire Anne Dilling to produce the Watch; Martha Pain , the Prisoner at the Bar, sent me she told me she lodged with Anne Dilling ; when I came back, she was endeavouring to swallow the Money, even when she knew the Watch could not be produced .
Q. to Mason. Was there any Body in Company with her at this Time ?
Mason. There was a Man made a Stroke at me under the Gate-way, and she took the Watch; there was another Woman by, and she took it out of her Hand.
Prisoner. I was holding by the Wall all the Time, the Watchman knows I was so bad, he could scarce get me along.
Guilty of the Indictment, Death , but the Jury recommended her to Mercy.
210, 211. John Hudson and William Blankflower , were indicted for breaking and entering the Dwelling-House of Joseph Hurst , and stealing from thence one Tin Cannister , with 46 Pounds Weight of Tea, the Property of the said Joseph Hurst , about 10 in the Night , April 3 .
Joseph Hurst . My Lord, on the third Instant, about ten o'Clock at Night, I went up Stairs out of the Shop, and came down in three or four Minutes, and I missed two Cannisters out of my Shop, but I immediately pursued them, and in the Neighbourhood I found one Cannister again, but one that they carried off contained about forty Pound.
Q. Where did you find the other Cannister ?
Hurst. About four Yards from my House.
Q. Where is your House?
Hurst. In Lemon-street, Goodmans-fields , one of the Cannisters had forty or fifty Pound Weight in it; the next Day I had a Search-Warrant, to search some Houses we had a Suspicion of; the People gave me an Account that Moses Holloway , and the Prisoner at the Bar, were likely Persons, so I apprehended them; this Witness can tell further about it.
Q. What Time was this Robbery?
Hurst. It was about ten o'Clock at Night.
Q. How long did you stay up Stairs?
Hurst. I believe I was not gone four Minutes, my Lord, I missed them as soon as I came down Stairs ; I saw the Door was open, and I missed the Cannisters immediately.
Moses Holloway . John Hudson and I went down Lemon-street, and he hoisted up the Latch of the Door, and took out a large Tin Cannister of Tea, it was a sashed Door; there was a Glass Sash Door, only the Glass Door was shut too .
Q. How far was you off when Hudson did it?
Holloway. I was at Top of the Threshold of the Door, I saw Hudson take the Cannister of Tea.
Q. What did he do to get into the Shop?
Holloway. He hoisted up the Latch of the Door, it was a Thumb-Latch; when he had hoisted up the Latch, he went in and took a large Cannister of Tea, I waited for it, I took the Cannister of Tea of him.
Q. Where did the Cannisters stand?
Holloway. They stood by the Compter in the Shop, I can't say to two, but one he delivered to me, and I carried it into Church-lane by Rag-fair, and delivered it to Blankflower.
Holloway. It was two or three Streets.
Court. So you delivered it to Blankflower?
Holloway. Yes, and he carried it into one George Wood's Yard, and there he poured it into an Apron and a Sheet; I was there and held up one of the Corners .
Q. Where was Hudson?
Holloway. Hudson was there too; then we took and carried it into Petticoat-square, and we sold it to one Alvarez, a Jew.
Q. What did you sell it for?
Holloway . We sold it for 5 l. and the Money was shared between Hudson and myself, and Blankflower had 18 d. of it.
Q. How came Blankflower to have so little a Share?
Holloway. If he had carried the Cannister away to hide any where, we should have paid him for it; he had 18 d. and Part of 2 s. worth of Punch.
Q. Where did you meet with Blankflower ?
Holloway . In Church-lane near Rag-fair , at a Distiller's , where we use to frequent to and fro.
Q. Did you see any body at Hurst's House ?
Holloway . I saw a Man go up Stairs with a Candle , I can't say it was Mr Hurst; Mr Hurst said he lost two Cannisters ; he told me he had got one, but that I did not see.
Q. These were large Cannisters, how did you carry them?
Holloway. I flung away the Top, and carried it as well as I could.
Q. Had you any great Coat?
Holloway. No, I carried it open, it was dark.
Q. to Holloway by Hudson, the Prisoner. Was the Latch within Side, or without Side?
Holloway. Without Side.
Q. When was it you saw the Door latched?
Beck. It was about ten o'Clock at Night; it was about two Minutes before the Things were lost, according to the Account the Prosecutor gives.
Court to Blankflower. Now is the Time to make your Defence.
Blankflower. Holloway asked me if I would earn 6 d. I was to hold this Cannister for him; then he said if I would carry it a little farther, he would give me a Shilling more; now, says he, if you will not carry the Cannister away, I will give you nothing ; so I carried it away after I had emptied the Tea into a Woman's Lap.
Hudson, the Prisoner, had nothing to say in his Defence.
212, 213 + John Exelby and William Smith were indicted for feloniously breaking the House of Francis and Thomas Caryl, and stealing from thence seventeen Pieces of Shaloon, value 20 l. seventeen Boards , value 18 d. the Goods and Chattels of the above Francis and Thomas Caryl , February 26 .
Q. Have you any Partners?
Q. Was your House broke open at any Time?
Caryl . Yes, my Lord, I apprehend it was the 27th of February.
Q. In what Manner was it broke, Sir?
Caryl . The Side of the Shutter, I apprehend, was pierced , the Shutter was broke, and seventeen Pieces of Shaloon were taken out.
Q. How much was broke?
Caryl. It was about the Size of one of the Panes of the Window, big enough for a Piece of Shaloon to go through.
Court. It was not enough for any Body to get in?
Caryl. No, my Lord.
Q. Where did these Pieces of Shaloon lay? Were they very near the Window?
Caryl. I looked upon it to be as secure a Place where they lay as any Place in my Shop.
Q. How far from the Window?
Caryl. It might be about half a Yard, or a Yard it might be.
Q. How many Pieces were taken?
Caryl. Seventeen Pieces, my Lord.
Q. Do you suppose, Sir, they were taken out of that Hole?
Caryl. Yes, my Lord.
Q. Was there any thing else taken?
Caryl. There were the Boards which they were upon, I put into the Indictment, and one Piece of double Alapeen.
Court. This you say was done in the Night of the 26th; how do you know this was done by Night or Day?
Caryl. My Brother and I came Home together at eleven o'Clock, and we did not discover it till between six and seven in the Morning.
Court . Between six and seven in February, that is but just Day-light.
Q. Do you know who did this Fact?
Caryl . Upon the Loss of these Goods, I sent to the Goldsmiths Company, in order for them to disperse it to all Pawnbrokers that might be likely to purchase them; I had a Person come to me on Saturday Morning, as this was done the Friday Morning, he said he could show me the Person that robbed me, and where he believed I might find some of my Goods. I went to Justice Burdus for a Warrant, and went out on Sunday Morning that I might take the Person in Bed. I went with a Gentleman in Court, and found the Prisoner, Exelby, in Bed; we knocked at his Door, and he came out in his Shirt. He that gave me the Information, likewise told me, that one Mary Lynch was a-bed with him. When he came out to us, we told him we were come in Search of some Shaloons that we had Information he had stolen; we searched the Room, but could find no Shaloon, but we found the seventeen Boards they were wrapped upon.
Q. How came you to go to Exelby's House?
Caryl. A Person came and told me he could inform me not only of the Robbery, but likewise of some of the Goods; so we looked round about the Room, and we found some Camblet, and upon the Bed a black Bag, so we brought these away, and committed him to New-Prison, and this Lynch to Bridewell. The next Morning an opposite Neighbour to the House where we took him, that lodged up two Pair of Stairs, he told us there were some House-breaking Implements laid upon the Support of a Spout, on the Outside of the Window of Exelby's Room; there we found a large Chissel of Iron, a proper Instrument to force any thing with, and three or four Gimblets, and some more Implements; and in searching Exelby's Pocket, we found a little Slip of Alapeen , which tallied exactly with what I had at Home. These Slips lay all in the Window, and the Piece that we cut off to make Patterns of, we found in his Pocket .
Q. What have to you to say to William Smith?
Caryl. I know nothing of him, here is an Evidence in Court against him.
Q. Have you any thing to say to these Boards?
Caryl. Here is one of the Boards I can swear to be mine.
Q. Sir, how can your swear to that Board?
Caryl. It is a Board that has gone backwards and forwards a great many Times, I have sent it to our Presser's, and he has returned it several
Q. Where did you find that Board?
Caryl. It was under Exelby's Bed.
Lynch. The first Thing I have to say is, that William Smith I never saw but once, that is not the right William Smith that was along with Exelby, he was a tall Man, lame in the right Foot . This Man I believe knows nothing at all of it ; I lived with Exelby as a Wife.
Court. You say you are his Wife?
Lynch. I lived with him as his Wife, but was not married to him; William Smith , not this Smith, comes to Exelby's Lodgings, and calls Jack, meaning Exelby, so Jack said yes; accordingly Exelby gets up, and was gone about an Hour, and was gone to the Prosecutor's House in Southampton-street.
William Powel . When I came down in the Morning between six and seven o'Clock, before I opened the Shop I saw it was robbed; I went up directly and told my Master, and he immediately jumped out of Bed and came down.
Q. Do you know what Things were in the Shop? Do you know that Pattern of double Alapeen?
Powel. Yes, that I can swear to.
Q. Did that Piece lie in the Window?
Powel. That Piece lay in the Compter among forty Pieces, but the Pattern lay in the Window; we found a large Jack-Hook the next Morning with which they must fish for the Strings of the Shaloons, in order to draw them to the Window. These Implements we found on the Support of the Spout the Outside of his Window, one large Iron Crow, or Chissel , and a large Wire about a Foot and a half , with a Hook at the End of it.
[These Things were produced in Court.]
Caryl. When Lynch came to give Information, they said me they could take Will Smith if I would prosecute; I said I would prosecute any . I was sent for to Justice Hole's, where one Harford came and offered himself the King's Evidence ; so I was bound over by Justice Hole to prosecute Smith .
Q. to Lynch. When were these Things put away ?
Lynch. Just as they were coming up Stairs, I was in a Fright, and said, Jack, there is something against you ; when I got out of Bed, I went to the Middle Drawer where he had put these Things, for they were knocking first at another Door instead of our's.
Court. So you took the Things out of the Drawer; What did you take them out for ?
Lynch. I took them out for Exelby to hide them, and he did hide them. When the Gentlemen came to the Door, they said if he did not open the Door, they would break it open. I said pray let it be who it will, let them in Exelby and I was a bed together, they asked him what was his Name, and he said his Name was Exelby.
Exelby. I never saw those Things she mentions , till I saw them before the Justice, nor I never saw her from Thursday Morning till Saturday Night, for I went down to Wapping to my Wife.
Lynch. Several Times I cohabited with him, I did not dare to do otherwise; the Lodgings were not mine, he took them.
Harmwood. My Lord, I was robbed a little before Mr Caryl; upon his Information, I went along with him on Sunday Morning, I was one of the first that went into the Room, but we were mistaken, it was not right ; while we were parlying with a Woman, we enquired which was Exelby's Room, she said the next Room, was Exelby's. When he open'd the Door, the Woman was in Bed, and we found these Boards, I said this is enough to convict you; this Stick was found in the Room, which seemed to tally with a Hook they had left in the Shop, which appeared to be put on that Stick; so, my Lord, we gave him Leave to dress himself, and we took him before Justice Burdus . I should have
Q. Where did Exelby's live?
Harmwood. In Rose-Street, Covent-garden, a small bye Street.
Court to the Prisoner. What have you to say?
Exelby, Prisoner. I was not with her from Thursday till Saturday Night, I went down on Thursday to Wapping to my Wife, and came up on Saturday Night.
Court. It was on Sunday Morning this Woman was found a-bed with you, Mr Caryl swears to the Robbery being committed on Friday Night; Can you show that you was not there? Have you any Witnesses?
Exelby. No, my Lord, but my Wife, that is not a Witness for me.
Court. You have one of your Wives here.
William Smith acquitted , which arose from an Oversight in Mr Caryl not calling for Harford , who was to have been the principal Witness against him; but Smith was ordered to remain to be tried upon another Indictment.
214, 215. Thomas Lane and William Clark , together with William Smith , not yet taken, were indicted for stealing five Mens Hats, value 4 l. 3 s. the Goods and Chattels of James Haffenden , March 18 .
Q. to James Haffenden. Where do you live ?
Q. Have you found them again?
Haffenden. No, Sir, I wish I could; I saw Lane and this one-armed Man, Brown, the Accomplice, in my Shop, they came and cheapened Hats.
Q. What Time of the Day was it?
Haffenden. Between seven and eight o'Clock in the Evening.
Q. Did they both come to cheapen Hats?
Haffenden. Brown cheapened a Hat, and the other, his Friend, came with him for Company, or with an Intent to rob me, that was the plainest.
Q. When did you miss them?
Haffenden. I missed one in a Quarter of an Hour after they were gone out of the Shop, and the Remainder the Saturday following.
Q. What Day was this?
Haffenden. On Wednesday Night; on Saturday I missed five; I lost six in all, but this Person has sworn to no more than five.
Q. Have you got any of them again?
Haffenden. None of them.
John Brown . On the 18th of March last, Thomas Lane and one Will Sims , not yet taken, and William Clark , they went with me out of Chick-lane, we went into Hatton-garden , we went there for Stockings, but we could get nothing; so Thomas Lane says, let us go into this Shop, and see if we can get a Hat a piece for ourselves; I said with all my Heart. As I was cheapening a Hat, this Thomas Lane takes his Hand underneath his Coat, and drew the Hats off the Bulk, and there he stood a small Quantity of Time, the Value of half a Minute ; I told the Gentleman I could not see it plainly, I desired that he would put a Mark upon it , so he marked it with an I and S.
Q. Where were these Hats divided?
Brown. At Mr. Glover's, at the Sign of the Ship; I don't suppose he will come, because Lane is a particular Friend of his. He owned before the Justice that he stood at the Door and took the Hats .
Lane. That Brown, the Witness with one Arm, he has been twice transported; I never knew any thing of the Fellow, but by carrying a Child to Nurse at his Brother-in-Law's.
Court. Have you any Body to appear, to give an Account of your Character?
[None appeared; neither had the Prisoners, Lane or Clark, any thing to the Purpose, to say for themselves; but as there was no other Evidence but Brown the Accomplice, nor none of the Goods found, the Prisoners were acquitted of this Indictment. Thomas Lane turned Evidence against Charles Franklin , for a Robbery on the High-way, whose Trial follows.]
216. + Charles Franklin was indicted for a Robbery on the King's High-way, on Abraham Cooke , putting him in bodily Fear and Danger of his Life, and robbing him of a Silver Watch, value 4 l. a Stick with a Pinchbeck Head, value 5 s. Feb. 25 .
Q. What did the Prisoner do to you?
Cooke. They threw me down, knocked me down, but whether by the Fist or Stick I cannot tell; when I was down they took my Watch which cost me 5 l. and a new Stick which I put down at a Crown; as soon as they deprived me of these Things, I saw one run up Charterhouse-lane .
Q. Was this the Man that ran up the Lane?
Cooke. I cannot take upon me to swear that the Prisoner at the Bar robbed me; when Thomas Lane was taken up, he made himself an Evidence.
Q. to Thomas Lane. What do you know of this?
Lane. On the 25th of February we met with Mr Cooke, about Eleven o'Clock, Charles Franklin and I, we met him at Smithfield-Bars , and knocked him down at the Corner of Charterhouse lane, about Eleven at Night.
Q. Who knocked him down?
Lane. One gave him a Push, and the other struck him, we had no stick to knock him down with.
Q. When he was down, what did you do with him?
Q. Did you see him take the Watch?
Lane. No, Sir, not till he gave it me into my Hand; he gave it me just as he ran up the Lane.
Q. Do you know any thing about the Stick?
Lane. We had the Stick, but lost it.
Q. Did you take it from him?
Q. What did you do with Watch?
Lane. Sold it for 30 s.
Q. What Sort of a Stick was it?
Lane. A Yew-stick.
Q. What Sort of a Watch was it?
Lane. A small Watch, with one Silver Seal, and a Brass Key to it.
Hager. I am a Baker; I have known the Prisoner for fifteen Years.
Q. How old is the Prisoner?
Hager. Between nineteen and twenty; I never knew any Harm of the young Fellow in my Life.
Q. What knowledge have you of him?
Hager. Never any further than he behaved always in a very civil Manner.
Datliffe Cooke. I have known the Prisoner at the Bar these fourteen Years, and he behaved like an honest industrious Servant, and kept very good Hours.
Newhouse. A Brazier; he is my Son-in-law; he always had a clear Character.
Q. Was this House broke open?
Freeman. The Door was opened, and two Gallon Pots taken out of my Shop; my Door was shut with a Latch.
Q. When did you miss your two Pewter Gallon Pots?
Freeman. Between nine and eleven. I deal in Wine, my Lord.
Q. Had not a great many People been in your House that Night?
Freeman. I never keep the Door open after 'tis dark.
Q. How do you know when they were taken away?
Freeman. I had just been using of them; I missed them about ten.
Court. You had not shut up your Room?
Freeman. I had not locked it, my Lord, my House was not locked up; it might be lost while the Door was open, under a Pretence of buying Wine; I only prove the losing of my Pots.
Q. How do you know the Prisoners took these Pots?
Freeman. No Reason, no further than the Evidence.
Q. to John Brown. Do you know any thing of the Prisoners at the Bar, or either of them stealing any Pots from Mr Freeman?
Brown. I know that on the 5th Day of February, Samuel Cobb , and John Ryley , and Moses Holloway (who made himself an Evidence about some Tea) and I, the 5th of February, went to this Place; Moses Holloway opened the Door, and Samuel Cobb took one of the Pots; I was with them, I stood close by the Door.
Q. Was no Body in the House?
Brown. There was a couple of People, there seemed to be a Man a writing.
Q. Was Ryley there?
Brown. Ryley stood I believe five Yards off, in order to look out if any Body should come by, to give us Notice.
Q. What Time was this?
Brown. Between nine and eleven; I cannot be certain as to the Time.
Q. What was your Design?
Brown. Our Design was in robbing any one that we could make the best Booty of, so we thought we had an Opportunity of robbing this Shop, the Door being open; the Door was not open, it was upon the Latch; Samuel Cobb brings out the first Pot, and delivers it to Moses Holloway , and he went a-cross the Way with it, and delivers it to John Ryley ; John Ryley and I took one, and they another, and we hid them behind the Pump; and we went back again, in order to get the Money-Drawer; but when we were coming back, we heard an Outcry about the Pots, and we returned again, and went off with the two Pots.
Q. What did you do with the two Pots?
Brown. I delivered them to Cobb and Ryley ; I said give me 6 d. to drink, and I will have nothing more to do with them.
Cobb. Prisoner. My Lord, I hope this Man's Oath will not be taken , he has been transported twice; he went by the Name of Stanley .
Thomas Chedwick . I live in Long-lane; I am a Shoemaker; the Prisoner, Cobb, has always had a very good Character, as far as I know.
Ray, Yes, but I did not see them take it; but here is the Evidence.
Q. When was it that he took it?
Litchfield. About two o'Clock in the Day; I forgot the Day of the Month.
Q. Did you take him?
Litchfield. This honest Man here took him.
Q. Was any body with him?
Q. Do you know he was concerned in it?
Litchfield. Not at all.
Q. How came you to go after him?
Jephson. By Reason the last Witness cried out Stop Thief! I met him as he jumped over the Ditch.
Q. Have you got the Gown?
Jephson. Yes, my Lord.
Q. Was the other Boy along with him?
Jephson. The other followed at a Distance off.
Q. Do you know of his doing any thing?
Jephson. I do not know of his doing any thing at all.
Q. to Tredway, Constable. Did you hear the Prisoner say any thing about it?
Tredway. Nothing at all, my Lord.
[All Cobb's Friends and Neighbours appeared for him again, as upon his former Trial, saying they never heard any hurt of him, a very sober honest Man; either they must have been very ignorant of his Conduct, which can hardly be imagined, or, what is to be feared, much worse, all perjured; for he is the very Person that was tried the last Sessions; was taken among a Nest of Thieves, and appeared to the Court to be a very bad young Fellow.]
[When Sentence of Transportation was about to be passed upon Cobb, he cried, and pleaded hard not to be sent out of his native Country, but he was too well known to be suffered to remain any longer in his own.]
221, 222. + John Exelby and William Smith (and Thomas Waterman not taken) were indicted for stealing two Pieces of striped Silk Cotton, value 28 s. fifteen Yards of Seusee, value 33 s. thirteen Yards of checked Linen, value 7 s. the Goods of Elizabeth Morgan , out of her Dwelling-House , November 29 .
John Harford . About a Month before Christmas, I went with the two Prisoners to this Woman's House, and they bored a Hole in the Wall big enough to pull out the Goods that have been mentioned.
Harford, the Witness, produced some Scraps of checked Linen, and as Exelby told him were the Pieces of Linen they then stole.
Harford likewise acknowledged they took out some Pieces of Worsted, about a Pound Weight of each.
Elizabeth Ruff . Mr. Harford came to my House lost Shrove-Tuesday Night; when he came in, he bid me put the Child out of Doors, and he cried prodigiously, and said, I am ruined for ever, for Exelby will hang me and my Wife too; he says, do you know any thing of my Wife? I said, if I did, I would not let him know, for Fear he would murder her; he said if Smith did not let him have his Wife, he would have his Life, if he sent his Soul to Hell.
Q. What is Smith?
Crooks. He is a licensed Hawker.
Tucker. Smith has the general Character of an honest Man.
[As Exelby was capitally convicted before, the Merits of the Cause, with Respect to him was very little examined, any more than to give Light to the other.]
Anthony Bouch . I was employed by Mr Vanlute, to bring this Quantity of Salt-Petre from Sir John Thompson 's Warehouses to Old-ford; I gave Orders to John Campbell , my Servant, to carry these Goods from Sir John Thompson 's Warehouses to Old-ford.
John Campbell . I took into the Lighter, the 16th of April, twenty-five Bags of Salt-Petre, and laid them ten Bags in one Tier, and ten in another, and five Bags lay between them; I came down to Bow-Creek , there I lay at Anchor; when I had moored the Vessel, I went to the Orchard-house , in order to refresh myself; when I returned at first, I found the twenty-five Bags safe in the Vessel, thereupon I laid down to sleep; during the Time I was at Bow-Creek , Pain, the Prisoner, asked me what I had in this Vessel; I told him I had Salt-Petre; there were several others by; when I came back I found all safe, and I laid me down to sleep about four Hours, and my Feet was laid against this Bag that was lost; in getting to the Vessel from the Orchard-house , my Shoes were very dirty; and my Feet that were laid against the Bag, the Bag was daubed with Mud and Chalk that I had got upon my Feet; when I awaked, I went to the Orchard-house , there I told the Persons that were there, Joshua Williams , and Charles Brown , and Chantry, and Cockrum, I told them of my Loss; Williams did propose and declare that he would have his Vessel searched, for Fear the Bag should be lodged there; this was done, but nothing found there; but afterwards this Bag was found in the Vessel that belonged to Pain, the Prisoner at the Bar; and when the Bag was found, it was dirty with the Marks of my Feet; there were these Marks upon the Bag that was found in the Vessel of Pain's; this Bag that is now produced in Court, is the Bag which was in his Vessel.
This Witness was asked by the Prisoner at the Bar, if there were not some Fishermen
Joshua Williams . I belonged to the Craft that was in the Creek about this Vessel, this Pain, the Prisoner, and a Woman with him came into the Lighter, and I heard Pain ask Campbell what he had in his Lighter, and he told him Salt-petre; I was also at the Orchard-house at Supper, and Pain was at Supper with us, and he went out about eight o'Clock, and when he returned, he had some Dirt upon his Breast, and upon the Knees of his Breeches, which he brushed off his Cloaths. At that Time he seemed to be under some Fluster and Disorder. About eleven o'Clock the Company broke up, and Campbell before that came in and told them of the Loss of this Bag; upon this I searched my Craft, and there was nothing found there; afterwards, upon searching the Lighter that belonged to Pain, they found in it the Bag of Salt-petre, which is the Bag sworn to by Mr Bouch and Campbell. Pain desired us to take his Craft, and he walked away with the Woman that was with him; when we were going along with the Craft, there was a Boy came in a Skiff, and called to him by the Name of Doctor; we asked whether he wanted Dr Pain, we thought his Design might be to carry off this Bag.
- Cockrum. After Pain left us at the Orchard-house , he returned in about an Hour and a half; upon his Return, he appeared in a Fluster, had some Dirt about him, and the Woman asked him where he had that; his Answer was, that he had been at his own Lighter, that he had been there to fetch two half Guineas which he had left in his own Lighter. Pain went away afterwards with the Woman; so afterwards we searched this Lighter belonging to Pain, we looked first and found nothing , but afterwards under the Hatch, under the Stern-Sheets, we found this Bag of Salt-petre, and it was dirty.
Charles Brown . While I was at the Orchard-house , the Prisoner went out and said nothing to no-body, and he might be gone about an Hour and a half; when he returned, one of them said, Ned, where have you been? He said he was like to make a fine Jobb of it, he had missed two half Guineas on board of the Lighter; says the Woman, you look as if you had been doing something you should not; says she, What is the Meaning of your Breeches Knees being so dirty? So he paid his Reckoning and went away. When Campbell came in, and said he had lost a Bag of Salt-petre, one said none had been out of the Company but Ned Pain ; afterwards we searched his Lighter, and found it under the Stern-Sheets.
Chantry. The same Bag that is now in Court, I saw under the Stern-Sheets, at the Stern-Side; there were Boards all over it.
Tinder that keeps the Orchard-house , and Noland his Servant, confirm those Circumstances of Pain's going from the Company, and coming in dirty, &c.
One Mrs Taylor, a Relation of the Prisoner's appeared in Court, and charged the Prisoner with wronging her of Coals.
Edward Pain (the Father of the Prisoner.) My Son served me seven Years, and a very faithful Lad was he, and I never knew him do an ill Thing in my Life.
Q. Has he not got a Wife?
Pain. Yes, and his Wife is ready to lie in; I never heard a bad Character of him from any but Mrs Taylor and Litchfield; she lost some Coals, and she would have charged it upon him: He was never guilty of it any more than I.
George Seal. I have known him four or five Years, but never heard any ill of him.
William Hall. I keep a Coach-house , upon that Occasion I have a good deal of Room for Hay and Corn; this Iron was in my Corn-loft. I had an Account from Richard Hays , a little Boy, that this Woman Prisoner had been seen in the Stable. These Losts are so situated, that when you get into the Stable, you can go from one to the other.
Richard Hays . I saw the Prisoner, Cape, unbolt the Stable-door, he had a Cloth under his Arm, and I saw Mary Clements put the Iron into the Cloth, and wrap it up; I ran a-cross the Way to fetch Mr Hall, when I came back, this Boy, the Prisoner, was standing to see who was in the Yard; as we came up, we heard the Iron rattle in falling from her.
A Relation in Court gave an Account, that the Place where Clements was then in, was at an Iron-shop, and that her Mistress had actually sent her with this Boy to fetch this Iron. The Woman Prisoner had a good Character given her by her Friends.
The Prosecutor, Thomas Gundy , appeared to be rigorous to the poor Woman about these Sheets, but the Court had Information that his Conduct in letting his Lodgings was very blameable , for he had, by his own Confession, four Beds in his Room, and let them at so much a Night to Men and Women, all in a promiscuous Manner.
The Court sharply admonished him, and acquitted the Prisoner, who, though poor, had a better Character than himself.
Edmund Koefs . I delivered to Judith Sutton , on the 7th of January last, three Pounds of raw Silk, and when she was to bring Home the Silk the 28th of March last, she told me she had lost the rest. The Prisoner was taken up, and she confessed she stole this Silk from Judith Sutton , and that she took it at several Times, and carried it to Mary Clapton , who is an Accessory not yet taken.
Richard Kingly , otherwise Black Dick , was indicted, for that he, with several others, the 14th of April , in the nineteenth Year of his Majesty's Reign , were found in Arms, &c. (in Northforeland , in the County of Kent) in order to assist in the running and carrying off certain uncustomed Goods; to wit, three thousand Weight of Tea, against the Form of the Statute, and against the Peace, &c.
No Evidence appearing, the Prisoner was acquitted .
Q. What are you ?
West. I am a Carpenter and Vintner .
Q. Did you lose any thing?
West. I lost a Silver Quart Mug.
Q. When did you lose it?
West. The first Day of April.
Q. What was the Worth of it?
West. Near 5 l. the Prisoner had used my House for about a Fortnight, and as he was drinking a Pint of Beer, when the Company was gone , he took an Opportunity to put the Mug into his Breeches .
Court. So the Silver Quart Pot was used in other Company?
West. Yes, Sir.
Court. Then you know nothing more of his stealing of it than his owning that he took it? Have you any thing more? Where was it that he owned it?
West. He owned it in my House.
Q. Was there any Promise of Mercy made to him to induce him to own it?
West. There was a Promise of Mercy made to him if he would confess it.
Guilty 39 s.
[When the Sentence of Transportation was going to be pronounced against him, he pleaded hard for corporal Punishment , on Account of his great Age, and said he could never live to be carried over; but as the Offence was capital, it was not granted.]
The Prosecutor not appearing in Court in Time, the Prisoner was acquitted, with a Charge to be careful of his future Conduct .
The Prosecutor not appearing, the Prisoner was acquitted .
Received Sentence of Death, 5.
Burnt in the Hand, 4.
Transported for 7 Years, 16.
To be whipped, 4.