AT JUSTICE-HALL in the Old-Baily, on WEDNESDAY July 15, and THURSDAY July 16.
In the 21st Year of His MAJESTY'S Reign.
BEING THE Sixth 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 Sir THOMAS PARKER , Lord Chief Baron of His Majesty's Court of Exchequer; the Honourable Sir MICHAEL FOSTER , one of the Justices of His Majesty's Court of King's Bench ; The Honourable Sir THOMAS BURNET , one of the Justices of His Majesty's Court of Common Pleas ; 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.
269. + John Cook was indicted, together with Robert Mapesden , otherwise Robert Maplesden , otherwise Robert Mapeston, otherwise Robert Mapleston; Thomas Fuller ; Daniel Bunce , otherwise Great Daniel; and Robert Bunce , otherwise Halfcoat Robin, not yet taken ; for unlawfully and feloniously assembling themselves together , on the Eleventh of February last, at the Parish of Folkstone , in the County of Kent; being then and there armed with, and carrying Firearms, and other offensive Weapons, in order to be aiding and assisting , in the clandestine running, landing, and carrying away uncustomed Goods, and Goods liable to pay Duties, which had not been paid or secured; against the Statute .
Attorney-General. My Lord, and you Gentlemen of the Jury, the Prisoner at the Bar, stands indicted for the Breach of a late Act of Parliament, made in the 19th of his present Majesty. And it was, Gentlemen , an Act of Parliament, the Legislature found necessary to be made, in order to prevent a Practice grown to that Height that cannot be borne in this Kingdom, and that is the Practice of smuggling, and a Practice attending smuggling; and that is an armed Force, by which this Kingdom is put into great Distress; by which they act in defiance of the Laws of the Country; that it became absolutely necessary, for the Legislature to consult some Method more effectually to suppress them; for these are Crimes of too high a Nature, to be admitted of in any Country where Laws are made. In the 19th of his present Majesty, it is enacted, That if any Persons shall go, to the Number of three, with Firearms or other offensive Weapons; shall from, and after the 24th Day of July 1746, be assembled in order to the assisting in carrying away uncustomed Goods, or Goods liable to pay any Duties; every Person so offending, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death without Benefit of Clergy.
And, Gentlemen, for the more easy and speedy bringing the Offenders against this Act to Justice; it is enacted by the Authority aforesaid, That if any Person or Persons, shall be charged with being guilty of any of the Offences aforesaid, before any one or more of His Majesty's Justices of the Peace, by Information of one or more credible Person or Persons , upon Oath by him or them subscribed; such Justice of the Peace, before whom such Information shall be made as aforesaid, shall forthwith certify under his Hand and Seal, and return such Information , to one
The Prisoner at the Bar, has (for a long Time ) been conversant with a Set of Smugglers, and has been one of the principal of them, whose Business was to go to the Water-side in Gangs, with Muskets, Pistols, Blunderbusses , and all other Sorts of Arms, to protect themselves in that illegal Practice.
The Prisoner was one of the Gang that went by the Name of the Hawkhurst Gang , where they have made themselves pretty famous, by the Terror they have spread in the Country: The Prisoner with about 40 others, met together in a Place called Folkstone , in the County of Kent , where they went with Horses, to receive Tea and Brandy, from a Ship that brought it up to that Place; there were 30 Half-Anchors of Brandy, and a large Quantity of Tea; the Prisoner helped to load several Horses, and one of the drove Horses, was loaded with 200 Weight that belonged to Cook himself; you will have the Particulars from the Witnesses .
These Facts I have now stated , comes within the Words of the Act of Parliament ; but in order to have an Opportunity of trying of him or them in a proper and speedy way, there was an Order made by the King and Council, pursuant to the Direction of the Act of Parliament, in order to have the Proclamation made (as hath been beforementioned) but it happen'd by the Mistake of the Sheriff , that he did not cause the Proclamation to be made at the precise Time that it should have been done; the Consequence of which is, that he cannot be try'd upon that Proclamation; but the principal Fact itself we shall lay before you, which is, That he was one of the Number of above forty , who joyn'd in the very Act of Smuggling.
If (Gentlemen) the Fact appear in the Manner I have stated, you will find him guilty.
Sol. General to Christopher Barret. Look at the Prisoner, Do you know him?
Barret . Yes, Sir.
Sol. General . Can you give an Account to the Court, of his being concern'd in the carrying of uncustomed Goods.
Barret. I saw him at Folkstone-Warren in Feb . last, with a Number of fifty or sixty of them with Fire-arms: he was arm'd with a Brace of Pistols and a Carbine.
Sol. General. What did they do?
Barret. They carried off fifty or sixty, or seventy Hundred, I believe.
Q. Did you see any Ship?
Barret. There was a Ship, but she made her escape.
Q. Was the Tea taken from that Ship?
Barret. I saw it brought from the Boat.
Q. Did the the Prisoner help land it?
Att. General . Did the Man carry some away?
Barret. Yes. He carried some away.
Q. Do you remember his driving a particular Horse?
Barret. Yes. And I saw him four or five times afterwards twenty Miles up the Country .
Q. What Quantity of Brandy did you see?
Barret. Thirty or forty Casks of Brandy and Wine?
Q. What Name did this Gang go by?
Barret. The Hawkhurst Gang. I have known it to assemble together for five or six Years.
Att. General. What was the end of their assembling together?
Barret. To run uncustomed Goods.
Q. Was you attack'd on the Road ? on the Account of your being an Evidence?
Barret. At Astbridge in Kent (as I was coming to London) one came up with a Pistol in his Hand; his Name was Thomas Pemper ; he came up to me as I was in Bed, with his Pistol cock'd in his Hand, and swore with a great Oath, That I should go alongJohn Marton , and he swore we should go with them to the Top of the Hill, because we had swore against the Gang, the Hawkburst Gang. They got us out into the Street, and I put the Pistol aside , and it went off, and graz'd my Lip a little.
Worthington . Yes.
Q. Have you seen him landing of Goods at any time ?
Worthington. Yes. On the 11th of Feb. at Folkstone-Warren , and I saw him take Bags of Tea and load a Horse or two.
Q. How many in Company? How many of them arm'd ?
Worthington. I saw thirty or forty.
Q. With what Arms?
Worthington. With Carbines and Pistols.
Q. Was the Prisoner at the Bar arm'd?
Worthington. Yes, Sir, he had a Carbine , and a Brace of Pistols.
Q. Where did they take these Goods from?
Worthington. They took them from a small Boat which came from the Vessel, that is call'd a Cutter.
Q. Did you see any Wine, Brandy, or Tea?
Worthington. I saw about twenty Casks of Wine and Brandy, and about fifty or threescore hundred of Tea. I saw the Prisoner take two hundred upon one Horse.
Q. Have you have been attack'd as you came to Town ?
Worthington . I was awak'd out of my Sleep in another Room.
Q. Who came to you?
Q. What did they say to you?
Q. Was those Persons arm'd?
Worthington . One was arm'd with a Carbine and a Brace of Pistols ; and the other with a Brace of Pistols. They enquired for Christopher Barret . One stay'd along with me and another Man that was in the Room, and the other went up and took Barret out of his Bed. When I went down he fir'd his Pistol, and graz'd my Slipper. They did not know me, but they wanted Mr Barret to go up the Hill.
Q. How did he fire at you?
Worthington . As I stood behind him he shot from under his Coat.
Q. Can you give a Reason why he fired at you?
Worthington . The Reason was, because Mr. Barret had sworn against them .
Pain. It was on the 11th of Feb. last , when he got out of the Warren , he and a Man call'd Great Robin, loaded a Horse.
Q. Do you know who the Horse belonged to?
Pain. I believe it belonged to the Prisoner.
Q. What Number of People were there
Pain. A great many, twenty or thirty.
Q. Was the Prisoner arm'd?
Pain. Yes, with a Carbine and a Brace of Pistols. And I saw the Load slip off the Horse's Back , and they loaded it again. As we were coming up to Town one Thomas Pemper and John Marton , they came to enquire for Christopher Barret , and one of them clapp'd a Pistol to his Breast, and said, that he would blow his Brains out; and Marton's Pistol went off in his Hand.
Q. to the Prisoner. What have you to say in your Defence?
Prisoner. Please you, my Lord, I know nothing about it.
Jer. M aschall As I was aiding, and assisting in carrying the Prisoner to the Tower Goal , I heard Mr Bolton say, had it not been for the Prisoner some of the Officers would have lost their Lives.
While the above Witness was giving in his Evidence on the Behalf of the Prisoner Mr Bolton came into Court.
John Bolton , I was carried away in the Year 1744 by a Gang of Smugglers down to Hawkburst ; and we were carried down to the Place were the Prisoner at that Time lived, and he did prevent a great deal of Mischief that would have been done. I believe he was the chief Instrument of saving our Lives at that Time.
Att. General. How came it to pass, that he had so much Power to prevent these Mischiefs and Murders?
Bolton. He oftentimes prevented their Striking; he often laid hold of them. He discover'd their Plots in order to send us over Sea to be Galley-Slaves.
Att. General . Did not the Prisoner at that Time appear to be one of the Gang?
Bolton . Yes.
Guilty . Death .
John Read , otherwise Sweep , was indicted for stealing, on the 28th of June last, one Tea-Chest, value 1 s, 6 d. three Tin Canisters , value 1 s. one Quarter of a Pound of Tea, value 6 d. 1 Damask Tablecloth, value 4 d. the Goods of William Andus . One Cloth Cloak, value 2 s. and one Silk Bonnet , value 1 s. the Goods of Eliz Sprigg , Widow .
Andus. In Swan-Yard in the Strand . I miss'd the Things mention'd in the Indictment. On Monday there was an Advertisement, that the Things were stopp'd at one Mr Morris's, Headborough in Field-Lane . When I came there I found the Things. I know nothing of the Prisoner . [The Things were produced in Court , and Mr Andus swore to them as his Things.]
Q. to Eliz. Sprigg. Are you a Lodger at Mr Andus's ?
Sprigg . No, Sir, I was there as a Visitor .
Q. Did you lose any Thing?
Sprigg. The Cloak and the Bonnet, they are mine.
Morris. The Prisoner at the Bar I had got a Warrant for, concerning some Scales and Things that were lost in the New Market. At almost twelve o'Clock on Sunday , the 28th of June there were three or four People came running, and said, there was the Man that you have a Warrant against. He was soon to sell the scarlet Cloak in our Neighbourhood; and they said they watch'd him into a Twopenny House in Chick-Lane. So I went directly and found him there. He had the Tea-Chest and Tablecloth before him. The Bonnet he had sold. There were three or four Women with him. I told him he might stay to drink out his Gin. He would have thrown the Bundle from him, but I prevented him. I told him I would take Care of the Bundle. I said you must go along with me, I have got a Warrant against you, so I had him before Justice Poulson; where he own'd he had sold the Cloak in Field-Lane for 2 s. He said it was near the Gullyhole , and I went there and found it; and the Woman brought it before the Justice.
The Prisoner in his Defence said, that he found this Bundle near Holborn-bars , and he open'd it, and pull'd the Cloak out, and offered it to every one as he came along; and some bid him 1 s. and when he came to this Woman in Field-Lane she gave him 2 s. for it. Guilty of the Indictment.
Court. You don't charge him with taking any Goods since the 14th of June last ?
Emmons . No.
Q. Where are the Goods?
Emmons . The Goods are in Court.
As the Prisoner could lay no Claim to the Goods they were ordered to the Owners thereof; and the Prisoner desired and claim'd the Benefit of his Majesty's Act of Grace.
One Ambler, an Officer, appear'd in Court , and gave the Prisoner an exceeding bad Character ; and said , that he had a great many Writs against him at that time , and begg'd leave of the Court to arrest him. There were Counsel employ'd against him, who began to expatiate upon his Wickedness: a marrying several Women with three or four hundred Pounds Fortune and ruining them . But the Court refus'd hearing the Counsel, as the Offence the Prisoner was then charg'd with came within the Limits of the Act of Grace .
272, 273. John Studder and William Newman were indicted for a Burglary in the Dwelling-house of Elizabeth Akens , Widow , on the 27th of June last. in the Parish of St John Wapping , about the Hour of eleven in the Night of the same Day, and stealing eight Yards of Flanders Lace, value 48 sand twenty-eight Yards of brown Stuff stripped , value 32 s. the Goods of the said Elizabeth Akens .
Akens. I can't say positively as to the Time, but it was shut about nine o'Clock. I have a Kitchen next my Shop. I had left the Shop but a few Minutes , but I heard the Sash go up, it might be about ten o'Clock. I came into the Shop, and miss'd the Stuff, and cry'd out I was robb'd.
Q. What Sort of Stuff was it?
Akens . It was a brown Cloth Sattin Stripe, twenty eight Yards, it cost me 1 l. 12 s.
Q. When did you see it before?
Akens . I saw it an Hour before. There was fortyeight Yards of Flanders Lace I lost besides.
Q. How was your Window fasten'd?
Akens. My Sash was down.
Court. Then you suppose they got in by lifting up the Sash.
Akens . Yes; and I cry'd I was robb'd, and the Evidence stopp'd them .
Goodwin. On the 27th of June , John Studder and William Newman , and I, lifted up the Sash between the Hours of eleven and twelve ; and John Studder took out the Lace, and William Newman took out the Piece of Stuff .
Q Did you go into the House to do it, or reach it out from the Window ?
Goodwin . Reach'd it out from the Window.
Q. What became of the Lace and Stuff ?
Goodwin. Being an Outcry of Stop Thieves , Newman made off with the Piece of Stuff, and Studder and I run together over the Yard, but being no Thoroughfare we run down again, and made off; and going down the Hermitage I was taken hold of, and Studder threw down the Lace and made off. I was laid hold of, and carried to the Prosecutrix's House.
Court. When you was brought to the Prosecutrix's House, what Account did you give?
Goodwin. They search'd me, and when they found nothing about me, they ask'd me, if I could give an Account of myself ; and I said I could; and that I had work'd at Mr Rickets's four or five Years .
Q. But did not you tell the Names of the two Prisoners?
Goodwin . On Sunday Morning, when I was carried before the Magistrate, I mention'd the two Prisoners .
Q. What became of the Stuff afterwards ?
Goodwin. I know not what became of the Stuff.
Q. Do you know the two Prisoners?
Robertson . My Lord, one of them was transported some Time ago.
Q. What did the Prisoners say, when you took them up?
Robertson. They said very little.
Stephen Bett . Mrs Akens the Prosecutrix sent to me, and desir'd me to bring an Officer with me, which I did . When we came to the Prosecutrix's the Accomplice would not confess any thing; but the next Morning, when we carried him before Justice Manwaring , then he confess'd the Whole. So we went to a House by St George's Church , and we took Studder ; and I found in the Room where Studder was a Paper with No 28. upon it.
Mr May, of whom Mrs Akens bought the Cotton, appear'd in Court , and believ'd that was the Paper that the Cotton was in.
James Dixon . I live opposite to Mrs Akens's , and I heard an Outcry of Thieves; and I saw the Witness, who was an Accomplice, come up Wapping, and I was the first that laid hold of him, on Saturday Night, and carried him to Mrs Akens's House, and went with him the next Day before the Justice. He said he was in Company with two more, with Studder and Newman . He said they flung up the Sash, and took out this Lace and a Piece of Stuff out of the Window, and they went down the Yard and came up again, as it was no Thoroughfare.
Thomas Barton . I was upon the Watch. I was sent to to take up Goodwin the Witness. So I sent out the Watchman, and he took up the Piece of Lace in the Street, and Mrs Akens own'd the Lace, but the Witness would not confess that he was concern'd till the next Morning, that he was brought before the Justice.
Court to the Prisoner Studder. Would you ask any Questions?
Studder. About half an Hour after 9 o'Clock, I was stabb'd, and my Breeches were half full of Blood, and I went to Dr Sandford , and he said he would dress it every Day for Six-pence a time; that is all I have to say.
Ann Titchborne . I keep the House where Studder was taken from; I was very ill upon the Saturday , and this young Man was in my House between 9 and 10 o'Clock at Night , and he was very much in Liquor; he had Words with a Woman in my House; on hearing Words with the Woman , I got out of my bed, I had two Blisters on at the same time; and on his having Words with the Woman, she stabb'd him; and that was about 10 o'Clock at Night.
Q. What did she stab him with, and where?
Titchborne . With a Knife, and in the Thigh; it was about 10 o'Clock that he went out of my House to have the Wound dressed; he lay some time a bleeding before he went out of my House.
Q. Where do you live?
Titchborne . I live by Cable-street , near Rag-fair .
Q. How far is Rag-fair from this Place, at Wapping?
Titchborne . I believe about a Quarter of a Mile.
Q. How long have you known Studder?
Titchborne . About 3 or 4 Months .
Q. What Business did he follow?
Titchborne . He used to carry Earthen-ware with his Sister-in-law about the Streets .
Q. How came you to be so particular as to the 27th of June ?
Titchborne . I can't tell exactly the time; this was of a Saturday Night, for my Husband came to me and wanted Money of me.
Council. Might not your Husband want Money another Saturday Night?
Titchborne . Yes he might so, but Studder did not lodge long at my House.
Council . I suppose the Surgeon can't tell what time he drest this Wound?
Titchborne . No I believe not.
[Browne cross examined .]
Q. Was he stabb'd in the Room where you lay?
Brown . Yes.
Q. What Day of the Month was this?
Brown . The 27th of June .
Q. Did you see him stabb'd?
Brown . Yes, and as near as I can guess, it was about a Quarter after 10.
Court . You know no otherwise but as they told you.
Brown . No, my Lord.
Q. What time was this?
Scot. It was about 10 o'Clock, but I can't say the Day , it was between 10 and 11 o'Clock.
Q. How do you know it was about 10?
Scot. He came to the House a little after 9.
Q. What Business does he follow now ?
Lyford. He is a Weaver, his Father tells me .
Q. to Benjamen Ray. Had Studder any Wound when he was taken ?
Ray. He walked very well, I perceiv'd no Deficiency in his walking, he pulled his Shirt up before the Justice, and it looked as if it had been done a Month.
Q. Do you know the Prisoners?
Ray. I know them both.
Q. What Business are you?
Ray. I am Beadle of the Parish; the two Prisoners have bad Characters .
Q. Did they bear bad Characters before?
Ray. Yes, one of the Brothers was hang'd , and the other shot through a Door at me. Both guilty to the value of 39 s. but not guilty of breaking the Dwelling House .
274. Isaac Alvarez Dacosta was indicted for receiving a large Quantity of Tea , of John Hudson * and Moses Holloway , knowing it to be stolen , and the Property of Joseph Hurst , in Lemon-street Goodman's-fields .
*John Hudson was convicted and for this Fact, see Sessions Paper for this Year, No. IV. Part ii. Tryal 210. See farther things of this Sort charged upon the Prisoner, in April Sessions 1746, Part II. No. IV. Tryal 178.
The Prisoner escaped meeting with the Reward of his many Crimes, by his Majesty's Royal Act of Grace .
This same Isaac Alvarez Dacosta , was among the Gang of Thieves ear Spittal-fields, (among whom Cobb was taken, who is since Transported) and he also was very near being taken +; he is very notorious for incouraging all such vile Practices.
+ See Sessions Paper of Feb: last ; No. III. Tryal 135.
Thomas Jennings . On the 3 d of July , I left the Prisoner at the Bar with 4 or 5 more drinking, and my Wife some time after informed me there was a Tankard missing, we enquired among the Company, but could not bear any thing of it; when the Prisoner was first taxt with it, he denied it, but last Tuesday he said he would confess where the Tankard was; so I took a Search-warrant, and went to Mr Grindall's House and found the Tankard. When I carried him before the Justice, the Justice examined him, and he did not deny it, that he had took the Tankard and sold it.
The Prisoner reply'd; that what Mr Jennings had said was true.
William Grindall . On the 3d of July , the Prisoner brought this Tankard to my Shop, and asked me if I bought old Silver; so he pulled that Tankard out of his Pocket, and I gave 5 s. an Ounce for it, and about 2 or 3 Days ago the Tankard was advertised .
Court to the Prisoner. Mr Grindall says you sold him the Tankard the 3 d of July .
Prisoner. Yes, please your Lordship .
Q. How much did Mr Grindall give you for the Tankard.
Prisoner. Three Pound sixteen Shillings .
Mr Baxter, with whom the Prisoner had lived in the Capacity of a Footman, said he believed the Prisoner was honest while he lived with him , but would drink, and that was the Reason of his putting him away .
Thomas Stibbs . On the 29th of June last, one of my Journeymen acquainted me, that Edmund Low the Prisoner, went out with a load of Hinges upon his Shoulder , and he asked him how he came by them : and he said my young Apprentice had given them to him; upon hearing this I returned to the Yard, and I mist all those Things mentioned, and a great deal more.
Thomas Charlton . On the 29th of June , I was going out of Fore-street, and I saw this Low come out of my Master's Yard, with an Iron belonging to a Chimney, and cross garnet Hinges ; I asked him who delivered that Iron to him, and he said Peter delivered it to him; I presently after met with Peter, and asked him whether he delivered any Iron to anybody, he said no; I told him I had met a Man with Iron, so we pursued him down Moor-lane; I described the Man to him, and he said, I have seen one Low lurking about my Master's Yard several times ; I said if I could ever see him I should know him, but they knew him better than I; they took him under a Lamp , and when I saw his Face, I knew it was the same; he was carried to the Watch-house , where his Wife came to him, and was very sorry, and would have had him to have asked his Master's Pardon; so I said to his Wife, if you will go along with us, we will see you home; so I goes home with her , and looking under the Bed, there we found a Board , which we carried to my Master's Yard, and there was a Stock that it belonged too; he said at one time he had the Board a Year, then Half a Year, and he told me at the Compter , that he had a Month .
Q. What was the Iron you saw him with?
Charlton . An Iron that belongs to a Chimney , and cross garnet Hinges .
Q. to Stibbs. Did you lose such Iron ?
Stibbs . Yes, my Lord.
Robert Canutbus . The other Witness described the Man, and we went in pursuit after him, and found him about 10 o'Clock in Angel-street near Bishopsgate street , and we carried him to the Watch-house, and his Wife came to him, and cry'd very much.
Q. What say you to what happened the 29th of June .
Mon. On the 29th of June our Journeyman met him with Iron upon his Shoulder, and he told the Man that I had given it to him; but I gave him none. So we went directly in pursuit after him, and took him in Angel Alley : His Wife came there, and we went home with her, and found the Board under his Bed and the Chest of Drawers , and we had a great deal of trouble to get out the Board . He said he had had it a Twelvemonth , then Half a Year, and a Month at last.
Prisoner, I never said any such Thing , I found the Board standing at the dead Wall by Moorgate . I have a Witness to prove, that I was in another Place all the Day long.
Elizabeth Shrewsbury . The Prisoner was at my my House on this Day till almost twelve o'Clock. I have known him for twenty Years, and I could have intrusted him with untold Gold. My Husband is now sick in Bed, or otherwise he would have appeared for him.
Elizabeth Canny . I have known him four Years . I have known him ever since he came from Sea . I was in the Poultry Compter , and several of the Prisoners, the Debtors there, said that Mr Stibbs should say, he would transport him if swearing would do it. Guilty to the Value of 4 s. 10 d.
Sarah Lewis , July the 4th .
Sarah Lewis . As I was in the Coach going through Shoreditch , I call'd out to the Coachman, and said, there is a Man that has my Box; upon this the Prisoner was soon seiz'd with the Box. The Box was put behind the Coach . Indeed I did not like it should have been put there, but the Coachman said it was very safe .
Prisoner . As I was passing along there, a Gentleman said to me, there is behind such a Coach a Box; I would have you take it, and carry it to such a Place .
Richard Lane . I saw the Prisoner with a Knot upon his Shoulder take the Box from behind the Coach , which the Gentlewoman saw herself, and she called out, and said, The Man has got my Box. And the Prisoner ran down New-inn-Yard, Shoreditch ; so I seiz'd him by the Sleeve of his Coat, I ask'd him what Business he had with that Box; he said, he was not going far with it. I said, I did not design he should.
Thomas Hawkins . Please ye , my Lord, I took hold of the Box upon his Back . I am the Coachman. Mrs Lewis took a Place in my Coach , and I put the Box in myself, and a-going along Shoreditch this Man took it down. When I seiz'd him with it the Excuse he made was , that a Gentleman told him to take it.
Prisoner . I was desired by a Gentleman to carry this Box to Old-Street .
Q. to Hawkins . Was the Box tied behind the Coach ?
Hawkins . No, my Lord; because we have a Place to put them without any Manner of trouble.
Prisoner. I have nothing more to say, but when these People came to me the Gentleman was gone .
Q. to the Prisoner . Is it usual for Persons to take Boxes off a Coach, without calling to the Coachman ? Will you call any Witnesses ?
Prisoner . No, my Lord. Guilty .
John Frederick . I was in Company with a Friend of mine in the Evening , and it was so late that he was lock'd out of his Lodging, so he desired me to go with him and pass the Time away. He was obliged to get up at four o'Clock in the Morning. About three o'Clock I took a Walk over Tower-Hill to Whitechapel Mount . So I came back again, and there stood a Woman in Whitechapel . So, says she, walk in; so she brought me into her House. I thought it was a Publick House . When I came into the House I saw a great many People, so I was afraid. I was going back again, and the Woman that invited me in came to me, and said, Don't be afraid , walk in; so I followed her, and went up one Pair of Stairs , and set myself down at a Table. So they ask'd me what I wanted to drink? I said I did not care for any Thing. I said, if you want to drink you may ; so they brought up some Stuff, Gin, or something. So while they were drinking this Woman took hold of my Neck, and robbed me of my Stock-Buckle . So they called me so many Names; so they wanted me to go out of the House. I said here is a Shilling if you will let me have my Buckle again , so she sweared very much. So it happened that the Constable came by, and I said I was robbed by this Woman, so afterwards it was found upon her, this Gentleman saw it.
Prisoner. This Gentleman brought in one Sarah Phillips , and called for a Quartern of Liquor; and he said he would give a Shilling for a Bed. I said you can't lie all Night, because the other Beds are let out. So says Sarah Phillips , go down a little bit, may be I may talk to the Gentleman . So he gave her the Stock and Buckle to pay for the Bed. He said he had got no Money.
James Copeland . I came off from the Watch in the Morning, about four o'Clock. I heard a Disturbance in the Alley; when I came down there were four or five Fellows in the House, and the Gentleman said, if he knew of any Constable he would charge her. I did not let him know what I was. This Woman, the Prisoner, was out of the House. I heard him say, he would give a Shilling for it. This was a noted bad House, and it is routed since. The Man that kept this bad House, he said he would knock her Brains out if she did not deliver it; so she took it out of her Bosom, and was a going to drop it and I took it from her.
Q. Have you any Witnesses?
Prisoner . No, I have not a Friend in the World. I have lived upon nothing but Bread and Water since my Consinement .
Guilty 10 d.
Honey-lane Market , and I stopp'd there with the next Witness, Mr Pugh , in Company with me, there I saw the Prisoner at the Bar put his Hand into a Person's Pocket, unknown to me, upon which I immediately caught hold of him, but I lost the Gentleman in the Crowd , and delivered the Prisoner to the Watchmen. There were several of the Prisoner's Accomplices there, and made a great Disturbance .
Prisoner. Please to ask him, if he found any Thing upon me.
Jones . I found the Handkerchief on the Ground, that I saw him take out of the Gentleman's Pocket.
James Pugh . I was present at the same Time, and saw the Prisoner take the Handkerchief, and immediately Mr Jones seiz'd him. I took hold of the Gentleman that had lost the Handkerchief, and ask'd him, if he had not lost an Handkerchief? And he said, he had. And the Gentleman that laid hold of the Prisoner was thrown down by the Prisoner's Accomplices, while we were carrying the Prisoner along to the Watch-house.
Q. What said the Prisoner, when he was apprehended?
Pugh. He was very bullying, and said, he would take us up for an Assault. There were two or three Men attempting to rescue him from us.
The Prisoner had nothing to say in his Defence.
Joseph Sclater . The Prisoner at the Bar was recommended to my Brother as an Object of Charity; accordingly he came with a Note to my Brother, to get him into the Infirmary . My Brother order'd him to wait upon him at three o'Clock, but he did not come till four o'Clock, and my Brother was gone out. As my Brother was to go out of Town the next Day I desir'd he would stay . I being call'd up, he removes of his own accord to a Seat the other side of the Compter. There was one Servant in the Warehouse backward , and coming in, as he says, he saw him put a Cannister under his Coat . I was then call'd down Stairs, and he was then walking off , and he search'd him, and found the Tea upon him.
The Prisoner had nothing to offer, that was material in his Defence .
281. Anne Groves , the Wife of William Groves , was indicted for stealing three Linen Sheets, value 5 s. two Linen Shifts, value 3 s. two Linen Shirts, value 2 s. two Linen Tablecloths, value 2 s. eight Pair of Linen Sleeves and Cambrick Ruffles, value 6 s. five Linen Handkerchiefs, value 2 s. one Gown , value 2 s. an Ell of Holland, value 18 d. one Pair of Worsted Stockings, value 6 d. the Property of Henry Wallis , June the 27th .
Elizabeth Wallis . I took the Prisoner in to wash for me; I live in Long-Acre ; I took her in out of Charity. She said she had no Lodgings, and I let her lie with my Apprentice girl. I had known her formerly, and she had done one Thing or another for me all the Week long. On Saturday she wash'd for me. On that Day she went away, and on Monday she was taken in Shorts-Gardens . I took her at a Gin Shop ; I found one Shift upon her Back, and I found four Caps and a Linen Handkerchief, and a colour'd Apron and a ruffled Sleeve. She said she had pawn'd the Camblet Gown and two Handkerchiefs to one Thomas Gibbon . Mr Gibbon produc'd the Gown and Handkerchiefs; and Mr Pretty, another Pawn-broker, produc'd a Shift that he had lent 1 s. upon. The Prisoner appeared to be a very bold Person, and made no manner of Defence.
282. William Mitchel was indicted for stealing 5 Pair of Stockings, and 7 Handkerchiefs , the Goods of Isabella Cooban . It appeared by the Prosecutrix that the Prisoner was much in Liquor, that Evening she apprehended he stole them; they were found that same Evening, so the Prosecutrix could not swear they were not taken away before the 15th of June , upon which Account the Prisoner was entitled to the Act of Grace.
William Nicholls . The Prisoner used to come to my Master's House very common ; on the 17th of last June , he came with his pretended Spouse, he had some Veal-Cutlets ; then about 6 or 7 o'Clock he came again, and he said he had got a little Bit of Victuals to eat ; so I brought him a Plate, Knife, and Fork, he desired me to draw him a Penny-worth of Beer; after that I went down for some Beer for another Person , and he takes an Opportunity to go away with the Plate; the next Day there was a hue and cry for my Master to come and see a Person; he desired me to go; so when I came and saw the Prisoner at the Bar, I said is it you! I little thought that you
Prisoner . He swore I had my W ife there at dinner.
Nicholls . It was his pretended Wife; I find since by his Wife , that the Woman he brought for his Wife, was his Whore.
Charles Grey . I keep a Broker's Shop in Moorfields, and the Prisoner at the Bar, one Day brought me 8 Plates for Sale, marked with 3 single Letters, and he told me a very plausible Story, that his Wife was dead, and they were pawned ; I gave him 7 d. a Pound; the next Day he brought me 7 more, my Wife is but a young Shopkeeper, and she bought them and never turn'd them up: when I came home I looked at them, I was deadly mad about them, I saw they were stole ; one had the Name of Shaw, another Abell, another Mr Eames at the Bee-hive; I saw they were stole; my Wife said don't be angry, he will be here with 12 more to-night; so I said, he is a good Hand to make 18 of a Day; the next Day he came to me again , and I sent my Wife out for the Constable, and sent to some of the Owners of the Plates. The Facts were plainly proved upon the Prisoner. In his Defence he told a dark improbable Story, of his receiving them from a Person over the Water, that had formerly known him, and met in the Street.
284. Elizabeth Ball was indicted for stealing two ruffled Shirts , one Shift, two Cambrick Aprons, two check'd Aprons, one white Handkerchief , two Pair of Stockings, ten Silver Buttons, and one Silver Spoon, the Value of the whole 38 s. the Goods of Alexander Holland , June the 18th.
Q. What have you got of your Things again?
Holland . I have got four Buttons ; I gave 5 s. for them.
Q. to the Prisoner . Would you ask this Witness any Questions?
Q. What have you to say in your Defence ?
Prisoner . I was in Liquor, or I should not have done it.
Guilty 4 s. 10 d.
285, 286. Jane Brossel and Mary Cricket , were indicted for stealing three Linen Caps, value s. three Handkerchiefs, value 3 s. one Muslin Hood, value 6 d. two Linen Aprons, value 1 s. one Stuff Gown, value 1 s. 6 d. two Stuff Petticoats, value 2 s. and 10 s. in Money , the Goods of Mary Burn , Widow .
Mary Burn . I keep a Green-Celler ; this Jane Brossel goes by the Name of Flanting Jenney ; last Thursday was sen'night about 8 o'Clock in the Morning, she took those Things that have been mentioned; when I came home from Market about 9 o'Clock, the Things were gone, and the Things were taken upon her, and the Person that was with her.
Q. Where were they taken?
Q. Have you found the Things again?
Burn. The Gown is on her Back, and the Apron and some of the Things she has sold since she has been in Goal.
Q. How came she in your Cellar?
Burn. I took her in out of Charity, she had been with me about a Fortnight.
Q. How came you to take up the other Woman?
Burn. She had Part of the Things.
Q. to Brossel the Prisoner . What have you to say in your Defence?
Brossel. When she saw me in such a poor naked Condition, she gave me this Gown.
287. Ann Strong was indicted for stealing on the 14th of July , one Pair of Stays, value 4 s. one Pair of Sheets, value 3 s. two linen Aprons, value 5 s. one copper Saucepan, value 3 s. two linen Handkerchiefs, value 2 s. one Pair of Spectacles with silver Rims, value 5 s. the Goods of Mary Lisset .
Q. What Time was this?
Lisset. On Tuesday, between 4 and 5 in the Afternoon.
Q. When you came home were these Things missing?
Lisset. Yes, Sir, I was sent for home when she was taken.
Q. What did you find upon her?
Lisset. She had the Spectacles upon her, which she denied all along.
Q. Have you got your Things again ?
Lisset. The Constable has some of them.
Henry Sidney . I live in Baldwin's Gardens ; all that I have to say is this, that I heard a Person cry out stop thief , and I saw the Prisoner run with a Bundle under her Arm.
Q. Where was the Prisoner when you first saw her?
Sidney . The Prisoner was by Mr Wilson's Door, the Pawnbroker , in Baldwin's Gardens .
Q. Had the Prisoner any Bundle with-her?
Q. Who took up the Bundle?
Sidney . It was a young Lad to the best of my Memory, that belongs to Mr Wilson the Pawnbroker; I went with the Prisoner before the Justice, and she had nothing about her I think but the Spectacles.
Q. Had she a copper Saucepan when she was taken?
Sidney. She threw that down.
Elizabeth Burton . I live in the same House that Mary Lisset does; I was at home by myself, and I thought I heard a Noise in Mary Lisset 's Room ; and as I went up, this Creature ran down with a Saucepan in her Hand, and a Bundle.
Q. Are you sure the Prisoner at the Bar, was the Person that ran down?
Burton . I am sure of it, and she ran away with a copper Saucepan in her Hand.
Q. Had she the Bundle when she was taken?
Burton. She had the Bundle in her Apron, but she tossed it away ; there was a Piece of Iron that we believe she broke the Door open with, she dropt that before the Justice.
Q. Did she deliver any thing to the Prosecutrix before the Justice .
Burton . The Spectacles she delivered.
William Mann . I am Headborough , I was charged with Prisoner, and went with her before the Justice; she first deny'd the Things , but she afterwards owned them; there was a Bit of Iron she dropt before the Justice; we asked her what she had dropt, and she said nothing at all.
The Prisoner said in her Defence, that she never was in the Place in her Life, neither did she know where it was.
Charles Williams . I live at Isleworth , on the 14th of July I went to Work, I had laid down my Coat and Waistcoat by the Hedge, and I lost my Coat from the Waistcoat, I mist it about 10 o'Clock; so I went down to a Publick-House, to know if they had heard any thing of my Coat; there I had Intelligence that they thought Ann Ayres had it, because they said they knew her to be a great Thief, there were 3 Men went upon the Search , and found the Coat in her House, and I have got the Coat again.
Q. Was the Prisoner a House-keeper , or a Lodger?
Williams. I don't know.
Q. to the Prisoner . What have you to say for yourself?
Prisoner. I gave them Leave to come in, but I did not know any thing of it; they knew I had not been at the House for some Time , some put the Coat there out of Spight, because I would not be their Whore.
Guilty 10 d.
289. Rachael Meculer was indicted for stealing one Cambrick Mab, value 4 s. one Damask Napkin , value 12 d. one Cambrick Ruffle, value 6 d. one Holland Apron, value 12 d. one Muslin Apron, value 3 s. the Goods of Theodore Frewin , July the 6th .
Theodore Frewin . This Woman the Prisoner lodged in my House, I live in Great Rupert Street , she lodged there 6 or 7 Months. she was a Lodger and a Chairwoman besides, my Wife has employed her for 2 Years.
Q. Have you lost any thing lately ?
Frewin . These Things were found upon her, there were several Things that were not mentioned, here is an Apron that was found upon her, and the Cap was pawned .
Q. When was this?
Frewin. Last Monday was sen'night .
Q. Where was the Cap?
Frewin. It was in pawn, she fetch't it herself .
Mary Frewin . I have entrusted her for 2 Years in my House, I never locked my Drawers up, I lost many Things , but these Things I lost last Monday was sen'night, I did not swear to those things that she delivered to me, and that Cap and Apron are not in Indictment .
Elizabeth Brown , we lost a Carpet, seven Cups and Saucers, and three Prints; all lost the 7th Day of May. There was the Print of the Duke of Cumberland , another of Mr Handel, the other of Mr Hebden. I lost these Things that Night the Fire was at our House . I have nothing to say against the Prisoner, but I found the Goods in his Apartment the 13th of June.
Q. Where is his Apartment?
Brown. In Prince's-street, Cavendish square .
Q. How came you to go to his Apartment.
Brown . Because I had a Servant that went into the same House to lodge, and she told me she saw our Carpet upon his Floor; so I got a Search-Warrant, and found the Things there. The Carpet was on the Ground, two of the Prints were on the Chest of Drawers. The Cups and Saucers were set out in the Closet.
Eliz. Seal . I saw the Carpet in his Lodgings. I can't say directly the Day.
Q. Did you live with Mr Abraham Brown?
Seal. Yes, Sir, I liv'd there almost two Years. I saw the Carpet through the Door, and I told my Mistress of it.
Q. Did you see any other Thing?
Seal. No, Sir, not till they had a Justice's Warrant, then I saw the Prints and the other Things. My Mistress ask'd Mrs Laurence , how she came by the Things? And she did not know any Thing of them. When we came before the Justice he said, he went out of Town, and he desired his Wife to inquire about the Things, and deliver them. Part of one of the Frames was left in my Master's House.
Q. Did he say any Thing before the Justice, how he came by those Things?
Seal. He said a Person brought them. Mrs Laurence was before the Justice first; and when he came home and heard where she was gone he went before the Justice; so the Justice took him and discharg'd his Wife.
Court to the Prisoner. Now is your Time to make your Defence.
Laurence. I was at my Lord Harcourt's to dress a Dinner, and stay'd late that Night the Fire was; as I was coming Home a Gentleman's Servant came to my Door; for God's sake, says he, a Fire is at our House, take these Things, and I'll call To-morow . I says, do you know me? My Name is Laurence .
Talbot . I have known the Prisoner at the Bar for several Years. I know not only his Character in general to be as honest, industrious Man as ever liv'd, but have known him and his Family, and entrusted him in my House, and Relations, these twenty Years. I know he is a Man of much Probity and Honestly I know him to be a Man of that Character, that there are very few of that Probity, and take that Care of their Children, as he does of his.
Thomas Crosdell . I have known the Prisoner about sixteen Years; he liv'd with my Lord Archer. At that Time he had an extraordinary good Character, and his Wife too. This Charge against the Prisoner came within the Limits of the Act of Grace; but the Prisoner chose to have it try'd to clear up his Character, and he had a very good one. He was honourably acquitted .
Philip Briller . I live in Holborn, just by Gray's-Inn Gate, on Friday the 3d of July , about seven in the Evening, just as I came against Gray's Inn Gate I saw a vast Croud by our Door; when I came to the Door they said my Shop was robb'd, but that they had the good Success to take the Thief. When I came into the Yard I saw Brooks. When I came to him I said, I know you. He threaten'd the Family, what he would do. I said I shall not be afraid of you, Child. We search'd him, but found nothing but a Belt about him. We carried him before Mr Poulson, and there he behaved in the like Manner.
John Horton . On the third of this Month I happen'd to be at my Kitchen-Window, my House is opposite to Mr Briller's, looking out of my Window, I saw the Prisoner very busy at the Shop Window; he look'd to the right and left, both ways, and by and by I saw him take the Table from the Shop Window , and walk away.
Q. What Table was it?
Horton. A little Table that clasp'd down.
Q. When you saw him walk away with it, what did you do then?
Horton. I went down Stairs , thinking my Servant might not see him, but when I came down my Prentice was gone after him, and brought him back.
Q. Where did the Table stand? Was it within or without the Shutter?
Horton. It stood in the Shop Window.
Q. Are you sure the Table stood within the Shop?
Horton. I can't tell, whether it was within or without side of the Groove .
George Dowler . I saw the Prisoner take the Table off the Window. I am an Apprentice to Mr Horton .
Q. Do you know where the Table stood ? Was it in the Window, without side or within?
Horton . It was within side, I'll assure you.
Q. Did you go after him?
Horton . I took him about four Doors off.
Q. Had he the Table upon his Back when you took him ?
Horton . He had, Sir.
Q. Do you know where the Table stood?
Perring . It stood within side of the Shop, upon the Window.
John Pemberton I have known him about ten Years, and I never heard of any Fault of him before this that he is now charg'd with. He was put Apprentice to a Brasier, and he work'd Journey-work with the Master he serv'd his Time with.
William Archer . I have known him ever since he was about ten Years of Age, and liv'd next Door to him; and upon my Word, I never knew any Thing amiss of him in the Days of my Breath . He never used to get drunk; nor I never heard him accused of any Thing in the World.
Q. to Briller . Did the Prisoner appear to be drunk?
Briller. I really thought he was in Liquor .
Thomas Cleave . I live in Clerkenwell close , I am a Tenant to Justice Hole . The young Man, the Prisoner, was Apprentice to me, and I never desire a better than he was. He has work'd Journey-work with me ever since, except about a Twelvemonth . I was the most surpriz'd to hear this, he was so sober a Man, I thought he would not have done this Fact . Whilst he was an Apprentice he belong'd to a Religious Society, and received the Blessed Supper; but when he gets a little Liquor he is like a Mad-man .
Guilty 10 d.
The Prisoner pleaded his Majesty's Act of Grace .
John Staples . I keep the Fountain in Cheapside . The Prisoner at the Bar came into my House the 13th of July, and he call'd for some Bread and Cheese, and a Glass of Brandy . After he had eat and drank he took an Opportunity to go out of the House without paying his Reckoning . My Wife sent out Servant after him, and took him in Cheapside He saw him wrap the pint Pot up in his Handkerchief . With that the Boy brought him in, and when the Boy brought him in I found the Pewter Plate in his Pocket, and I ask'd him where the Case-knife was , and he pull'd that out of his side Pocket . He tumbled down with the Boy and broke the Glass to Pieces .
Mr Staples's Servant confirm'd his Master's Evidence . And Mr Staples inform'd the Court, that he had made some Inquiry after the Prisoner , and found he had liv'd very well in the World; and he believ'd that this was the first Fact, he therefore recommended him to the Favour of the Court. Guilty 10 d.
Prisoner I went to fetch them again, but I had not Money enough to take them out : I pawn'd them for 3 s 6 d. Acquitted by his Majesty's Act of Grace .
295. Elizabeth Lloyd was indicted for stealing one Blanket, value 18 d two Pillows, value 3 s. 6 d. one Sheet, value 18 d. one Pillowbier , value 6 d. one Copper Tea kettle, value 18 d. the Goods and Chattels of William Brown , June the 18th .
The Witnesses could not but own some of these Goods were stole before the 15th of June , therefore the Prisoner was acquitted by the Act of Grace.
296. Daniel Bright was indicted for feloniously, on the 26th of Jan. last, at the Parish of Tottenham , assaulting Anne Lucy , Spinster ; and for feloniously ravishing, and carnally knowing her against her Will, against the Statute
A. Lucy. This young Gentleman was at Dinner at the George and Vulture at Tottenham. My Master and
Q. What Time of the Day was this?
Lucy. Between two and three o'Clock, Sir.
Q. What Answer did you give?
Lucy. I made Answer, that it was, Sir. He ask'd me, if it was turn'd down? and I said, No. He said, I must go and turn it down , and lie down by the young Gentleman. And I said, I would not. He said, I must, I said, indeed I should not. My Mistress said, I might take it as a great Honour to lie down by the young Gentleman .
Q. Did your Mistress say so?
Lucy. Yes, Sir. When I brought the Things away from the Table, this little Boy came to me, and said, my Mistress wanted me at the Bar.
Q. Who told you so?
Q. What Room did he bring you into?
Lucy. Into the Room where they din'd. And he said to my Mistress, must not Nanny turn the Bed down ? And my Mistress said, I must go up and turn it down. I promis'd to go up if she would keep the young Gentleman below; and she promis'd me she would. But before I got halfway up Stairs she let him follow me; and I run into the Dining-Room , and down into the Kitchen; and he ran after me down Stairs. When I came into the Kitchen my Master and Mistress, and Mr Fawsey were all in the Kitchen.
Q. Who made you go up Stairs?
Lucy. Mr Bright, and Mr Fawsey stood at the Bottom of the Stairs , and would not let me come down.
Q. Did he pull you up Stairs against your Will?
Lucy. Yes, Sir.
Q. What happen'd then?
Lucy. He push'd me into my Mistress's Room, where she lay, and lock'd the Door, and put the Key into his Pocket.
Q. Was there a Bed in that Room?
Lucy. Yes, Sir; and he beat me in a very violent Manner , and abused me.
Q How did he abuse you?
Lucy. He called me a common Whore, and B - h twenty Times.
Q. What happen'd after this?
Lucy. He swore he would lie with me, and I call'd out to my Mistress. And he said I might call, but she would not come, nor nobody else.
Q Was this a single House, or other Houses just by?
Lucy. They are a little Distance , they might join .
Q. Was there any House within thirty Yards of the Room where you was ?
Lucy. Really, Sir, I can't tell exactly, indeed .
Q. Did you call to your Mistress ?
Lucy. Yes, Sir .
Q. Did she come ?
Lucy . No, Sir.
Q. Did you call loud to your Mistress ?
Lucy. Yes, Sir, several Times .
Q. What happen'd then?
Lucy. Then he throw'd me on the Bed, and he look'd for his Handkerchief to stop my Mouth with , but he could not find it.
Q Did you cry out ?
Lucy. Yes, Sir. So, Sir, he lay with me .
Court . Are you sure he enter'd your Body.
Lucy . Yes, Sir.
Court . And this was against your Consent absolutely , and by Force and Violence.
Lucy. Yes, Sir.
Q When did you first complain of this Abuse?
Lucy . Directly.
Q To whom did you complain ?
Lucy . To my Master and my Mistress, and the Cook, and the Gardener, and all of them; and my Mistress said , I was not hurt she suppos'd .
Q. Did you complain of this to Mr Fawsey?
Lucy. He said I made a Noise for nothing.
Council . Who came up to you in the Room?
Lucy . Potter the Gardener .
Q. Was you off the Bed when you saw him first?
Lucy. I was off the Bed, but the Prisoner was upon the Bed.
Q. What did he say to you? Did he come into the Room?
Q. Was you very well acquainted with him?
Lucy. No, not so much, I knew the Gardener a great while longer.
Q. Was you not well acquainted with Norton? Recollect yourself, all these People are in Court; recollect , whether you complain'd to any one ?
Lucy. I did, and the Cook said, I was much to blame if I did not make the Gentleman suffer for what he did to me.
Q. Did you not live with Mr Jaques, when he first took the House?
Q. How came it to pass, that your Master and Mistress were so barbarous, not to assist you. They tell
Lucy. Fawsey stood at the Bottom of the Stairs.
Q. How many Stairs did he pull you up? You swore in another Court it was seventeen Steps. Do you insist upon it, that you never lived in that House when Jaques was Drawer?
Q. What is the Name of the Hostler ?
Q. I ask you, Whether the Hostler did not bring you down Stairs in his Hand?
Lucy . Yes, Sir; he did.
Q. What did the Hostler say to you, when he handed you down?
Lucy. He said nothing at all.
Q. Then I ask you, Whether he did not say positively to you, that you should swear a Rape? And did not you say, the Gentleman had not done you any Hurt; and that you would not swear?
Q. Did not the Hostler and the Gardener follow you down Stairs?
Lucy. I don't know, whether they went behind me or before me.
Council . Now, I would refresh your Memory with what pass'd at Hickes's Hall, because you swore positively they followed you down Stairs.
Lucy. I never swore any such Thing.
Q. I ask you, Whether or no this Hostler did not carry you before the Justice against your Will?
Lucy. No, Sir; there was no Justice in the Town.
Q. How came it to pass, that this Gentleman that was so very fond of you, to get you up Stairs, that he should call you B - h and Whore; what, had he let you into his Intention? If he had said nothing to you, what made you refuse to go to turn his Bed down? But I find you was very free and merry together; how came he to change the Scene, that he should lock the Door and beat you?
Lucy. Because I would not comply with his Desire.
Q. What did you cry out for?
Lucy. I cry'd out for my Master to come up to my Assistance , because I did not choose to be lock'd into the Room .
Q. When you came out of the Room, did you once complain he had beat you, to those that were in the Kitchen? They tell me the Hostler and you are very intimate .
Lucy . I never had no Acquaintance with him till I went to live there.
Q. Will you take upon you to swear you were a Virgin before this happen'd?
Lucy. Yes, Sir.
Lucy. I never set up with him on purpose.
Q. I ask you positively, Whether the Hostler was in Bed with you, or was not?
Lucy. No, Sir.
Q. Did you tell Mr Cooper this young Man had actually lain with you?
Lucy. Yes, Sir.
Q. When did you apply to Mr Cooper?
Q. Was this Room over the Kitchen?
Lucy. Yes, Sir.
Q. Who did you find in the Kitchen, when you came down?
Lucy. The Cook was in the Kitchen , and Mr Fawsey, and my Mistress.
Q. How far was the Bed from the Door?
Lucy. Almost facing the Door.
Norton. I was at Dinner when the Thing happen'd, and I heard a Noise over my Head.
Q. What Sort of Noise was it?
Norton. I heard this young Woman cry out Murder, and I went up Stairs directly by myself. When I went up Stair I push'd the Door open.
Q. When you broke the Door open, did you go into the Room?
Norton . Yes; and I saw them both a-top of the Bed.
Q. In what Posture were they?
Norton. She with her Coats up; and his Breeches were down, and a-top of her. As soon as ever I came into the Room I took hold of him, and draw'd him off from the young Woman, and never spake a Word to him, good, bad, or indifferent.
Court. How came you not to speak to him, when you heard the Cry of Murder?
Norton . I never spake to him, but took her down Stairs directly, and never chang'd one Word with him at all.
Court . As you went down Stairs with her, Did she say any Thing to you?
Norton. She cry'd, and said, she would fetch a Warrant for him , and have him before the Justice.
Norton. I can't say.
Q Who was in the Kitchen ?
Norton. There was the Cook, the Gardener, and this little Lad.
Q. Was any body else there?
Norton. No, Sir, not as I know of.
Q. Where was your Master and Mistress at that time ?
Norton . I believe they were in the Parlour .
Q. Who was with you when you went up stairs?
Norton. Neither of them went up with me.
Council. How came they not to go up, when they heard such a dreadful Cry of Murder; you say there were three in the Kitchen at the time of this out-cry, and none of them stired.
Norton . I had her off the Bed, before I saw any of them.
Q. I would ask you whether you did not swear they were at the stairs-head , when you forced the Door open?
Norton . No.
Q. Had you never any Discourse with any body, that you wanted 100 Guineas to make up this Matter ?
Norton. No, not to my Knowledge , I did not.
Council . I will put you in mind, whether you did not say so to your Mistress.
Norton . I don't know that I did, not to my Knowledge, I did not.
Council . Did you or did you not?
Norton . I did not as I can remember .
Q. Do you know the Prisoner's Master, had you any Discourse with him upon it?
Norton. Yes, Sir, and he would have had me have made it up; he asked what the young Woman would have to make it up; I said I did not know what she would have to make it up; I was ordered to go by Mr Cooper .
Q. I ask you whether you did not tell the Prisoner's Master, you would have 100 Guineas ?
Norton. Not to my Knowledge, I did not.
Q. How much was to have been your Share of the 100 Guineas; what would you have got so much and you have nothing of it; supposing they had entrusted you with the 100 Guineas , what would you have done with them?
Norton . She was to have them; Mr Cooper came along with me, to see if I could make it up.
Council. You are sure she cry'd Murder?
Norton. I heard her cry out Murder once or twice.
Q. Was this before you got up Stairs, or after ?
Council . And when you had brought her down, I ask you whether you did not insist upon it, that she should swear a Rape, and she refused it before the People?
Q I ask you upon your insisting upon this, whether the Cook did not take her into the dark Room?
Norton . I never saw the Cook take her into this dark Room.
Q. Did not the Cook and she go somewhere?
Norton . I cannot tell.
Council . Recollect whether you miss'd her for any Time.
Norton. Yes she might, while I was out about my Business .
Q. What, did you leave this poor Girl in the same bad Company that would not come to her Assistance?
Norton . Yes.
Q. Did she tell you that he had beat her?
Norton . She did not tell me so.
Q. Are you sure you pulled her off the Bed?
Council. Then you do not agree in the Story that she was in, that she was off the Bed when you came up Stairs.
Court to the Prisoner . What do you say for yourself?
Prisoner. I am absolutely innocent of what I am charged with; I had rather be excused speaking if your Lordship pleases .
Q to - Potter. Do you remember this Girl's going up Stairs?
Q. Who went up with her?
Potter. The Prisoner followed her.
Q. How long do you apprehend she was up , before she was down again?
Potter. To the best of my Knowledge about 5 Minutes.
Council. During the Time that you was at Dinner in the Kitchen, did you hear any Out-cry of Murder ?
Potter. I heard her Cry out William, I heard her laugh at the first .
Court. You did not think there was any Force of Violence.
Potter. No; I heard no Cry of Murder, but William , William, upon which William went up-stairs ; and I followed him up-stairs, and went directly into the Room.
Q. What did you see there?
Council . So then her Cloaths were not up.
Q. Was the young Gentleman's Breeches down?
Potter . No.
Council . Then you say upon your Oath, his Breeches were not down, nor her Petticoats up.
Potter . They were not; Norton abused the Gentleman, he was in a great Passion, I thought he would have struck him.
Q. I would ask you whether the young Woman complained of being beat, or any other Injury.
Potter. She told before us all in the Kitchen, that the Gentleman had never meddled with her, and what should she go before the Justice for.
Court . Who urged her to go before the Justice?
Potter. Norton, he said she should go before the Justice, and if she wanted Money, he would supply her ; she declared that the Gentleman had done her no manner of Harm.
Q. Was you present in the Kitchen or in the dark Room, when there was some Conversation past between Lucy and the Cook.
Potter. Mr Cook took her into the dark Room, and Norton flew into a Passion , and insisted upon her going before the Justice.
Council. I would ask you how you came to follow the Hostler up-stairs, when you heard no Noise but the Cry of William .
Potter. Only because he flew into such a Passion, upon her crying out William , William.
Q. How came he to be so jealous?
Potter. He was very intimate with her.
Council. Do you think he had Conversation with her ?
Potter . He had as often as they could.
Council. I have heard Stories of Haylosts , and Stables , &c.
Potter . She bears the Character of a very loose debaucht Girl, in the Town.
Thomas Morgan . As I was at Dinner , upon the Cry of William, William, Norton the Hostler and the Gardener ran up-stairs, and I after them ; we were both at the Door before it was open; Norton the Hostler pushed it open, and we went in directly with him .
Q. He said he had been in the Room , and he met you at the Stairs
Morgan. We came in directly after him.
Q. What did you discover when you came into the Room?
Morgan. The Girl was on her knees , getting off the Bed , and the young Gentleman was by her at the Bed .
Q. Were her Coats any way disordered?
Morgan. No, not at all.
Q. Were his Breeches down or up?
Morgan. They were up.
Q How long did they stay in the Room?
Morgan. They came down directly, Norton brought Lucy down by her Arms, and she sat down at the Dresser, and eat her Dinner, and the Hostler spoke to her and said, she should swear a Ravishment against him ; but she said to the Cook , that the Gentleman had not hurt her.
Ann Fisher . As the Hostler, the Gardener , the Boy, and I, were all of us at dinner, the Hostler said there was laughing above stairs, with that he listened again and we all heard the Cry of William, William; so the Hostler ran up-stairs , and the Gardener , and the Boy immediately followed, and the Hostler burst the Door open, and she came down in about 2 Minutes ; I asked her what was the Matter with her, and she said nothing at all, she said she was not hurt; the Hostler Norton, insisted upon her going before the Justice ; she then insisted upon dressing herself first, but he would not let her; upon his insisting that she should go before the Justice, I took her into another Room, to know why she would go before the Justice ; but the Hostler Norton shewed himself very angry, and insisted upon it.
Q. When she came down was she in Tears , did you hear any thing of his beating her ?
Fisher. No, but she said positively that the Gentleman had not hurt her.
Q. What Character does she bear?
Fisher. But a very indifferent Character , we did not intend to keep her.
John Fawsey . I was at the House at this Time, the young Man was a little drowsy after Dinner, with that the Maid was called to let down the Bed, they ran up and down stairs, one after another ; I thought one to be as willing as the other ; by-and-by the Landlord came into the Room, and said there was something a doing above-stairs , for Nan was crying out; when I went into the Kitchen, the Girl was come down ; I said you don't seem to be hurt, she seemed very lively and pert, and said she cry'd out that she might not be hurt; but the Hostler was very forward to prosecute , she did not seem to have any Inclination for it herself.
- Cooper. This Ann Lucy , and Norton, and an old Woman, came to me and informed me, that there was a young Gentleman at the George and Vulture , that had attempted to commit a Rape ; I asked her how he behaved; Lucy said he behaved well for a Day or two , but that Afternoon he had some Complaint , and he wanted to have his Bed let down; she said he attempted to lie with her, she said he took up he
This Solicitor or Attorney, was called upon several times, and sent after, but could not be found, in order to be brought into Court, to answer for his undertaking such a Cause .
Q. to Mr Cooper . Do you know any thing of this young Woman's Character ?
Cooper. She has a bad Character in our Neighbourhood, I had it from my Father and her own Mother.
- Walker. This Lucy and the Hostler, came to me some Time after this Affair happened , and the young Woman told me her Mistress had turned her away; she said this young Gentleman had pull'd and haul'd her about ; I said, what he has run up and down-stairs after you; she held down her head, and said, there was something more than that; I said, has he lain with you; and she said, no Madam he has not. The Man was without, so I call'd him in, and I said, what have you to say in this Affair , concerning this young Spark; I don't know (says he) Madam, he has used herill ; I said you have an honest Wife, and what Business have you with it; he said it was hard; I said here she stands, she says he has not lain with her; I said I fancy you make a Mistake , 'tis you that have lain with her; for he owned to me, that he had lain with her .
Moulds . Yes, Sir, I have known her for about half a Year.
Q What Character does she bear?
Moulds. A very indifferent one .
Q. What Character did she bear before January last ?
Moulds . A very bad one .
Court to Mrs Jaques . She says when this young Gentleman exprest an Inclination to go and lie down , you bid her go and turn down the Bed ; and she expresses something , as if you incouraged these Freedoms; did you use such an Expression , that it would be an Honour for her to lie down by a young Gentleman.
Jaques. Upon my Oath I did not ; the young Gentleman said he was very sleepy, and he wanted to lie down; I said to him, yes, you may lie down, there are Beds enough in the House, you may lie down upon any; so the young Gentleman went up one Pair of Stairs; she went up I believe to turn the Bed down , so she run backward and forward, but I did not imagine any thing of this Affair; afterwards I went to her, and asked her what had been the Matter ; she said he frighted me a little bit, but he has not done me any Harm; I said if he has not done you any Harm, don't take any Notice of it; I heard the Hostler say he would have a Warrant for him; I said if you should have any Warrant, you shall got out of the House directly; I asked her if the young Gentleman had lain with her, (and she sat down and eat her Dinner) and she said he had not.
Q And what past after this?
Jaques. So I took the Prisoner into the Yard, and talked to him, and said I was surprized ! Could not he let the young Woman alone?
Q. Was she present at the same Time?
Jaques . She was in the Brewhouse , and he was at the Door; and he declared to me, that he had not lain with her, any more than put his Hand up her Petticoats ; so they wanted to fetch a Warrant, and I turned them both out of Doors directly ; I was but a Stranger to them, and the House; I had not been in the House above three Weeks by myself; this Girl has had a bad Character from 11 or 12 Years of Age .
Q. Did you hear of that before ?
Jaques. No, if I had I never would have had her in my House.
Archer. She is a bad disorderly Person , that's her general Character ; I have an Apprentice that has kept her company for a considerable Time . There were several more Witnesses in the Behalf of the Prisoner , and against the Prosecutrix , but the Court did not judge it at all necessary to examine any more. The Prisoner was acquitted . The Court hoped this would be a Warning to him, and every one in Court , to be careful of their Company and Conducts .
The Prisoner pleaded the Act of Grace .
Acquitted by His Majesty's Act of Grace .
Charles Cluer was indicted for stealing one Pair of Leather Pumps, value 2 s . the Goods of Persons unknown , June the 28th .
300. Mary Baker was indicted for stealing on the 22d of June , 36 Linen Clouts, value 10 s. 6 Shirts, value 2 s. 6 Waistcoats, value 2 s. 1 Dimitty Waistcoat, value 1 s. 8 Pair of Linen Sleeves, and one Blanket, &c. the Goods of William Langham .
This Fact was proved upon the Prisoner , and she carried these Goods immediately to one-Denimur , in Rosemary lane, and sold them for 6 Shillings, that was worth upwards of 30 s. and Mrs Langham found some of these Things in Rosemary-lane , about an Hour after they were taken from the Prosecutor.
Guilty of the Indictment .
N. B. The Prisoner was try'd in January Sessions, by the Name of Noland .
303, 304. William Elardis and Ann Rogers were indicted for stealing on the 28th of June , one Silver Watch , value 3 l. and 3 l. 14 s. in Money, the Property of Anthony Stedman , in the Dwelling-house of Anne Thornton .
The Prosecutor Stedman goes into this House of very bad Fame at twelve o'Clock at Night, and gets a lewd Woman that lived as a Servant in the House to go up Stairs to Bed with him, in a Room where was another Bed with the two Prisoners in it. They were missing in the Morning as well as his Watch and Money, upon that this Prosecution was grounded. The Court replied to him, that it was as likely the Woman that lay with him might have his Watch and Money . The Prosecutor got what such generally do, Shame and Disappointment . The Prisoners were acquitted ; and the Prosecutor advised to be more careful of his Conduct for the future.
The Prisoner was acquitted by the Act of Grace .
Guilty 10 d.
309. Mary Sheeres was indicted for stealing one Gold Ring , value 5 s. the Property of Jeremiah Atkinson . The Fact was fully prov'd ; but the Prisoner's Master recommended her to the Favour of the Court , and said , he had a pretty good Character of her in her last Place ; so she was only order'd to be whipp'd .
310. Jonathan Beaumont indicted for stealing a Marble Slab, value 5 s the Goods of Alexander Rochett . July the 4th . The Fact was prov'd upon the Prisoner; but his Master recommended him to the Favour of the Court, with a Promise , that he would employ him again. Guilty 10 d.
311. John Purser was indicted for stealing on the 27th of June , a Gold Necklace and Locket, value 15 s. the Goods of Terence Evers . As the Boy was but eleven Years of Age, and the Prosecutor had his Things again , the Prosecutor , with the Consent of the Court , declin'd the Prosecution, and the Boy was committed to his Friends , with a Promise of their Care of him for the future.
The Trials being ended, the Court proceeded to give
Judgment as follows:
Received Sentence of Death , 1.
Transported for 7 Years, 16.
Jans Brossel 285
To be whipped, 4: