AT JUSTICE-HALL in the Old-Baily, on WEDNESDAY 14, THURSDAY 15, and FRIDAY the 16th of October.
In the 21st Year of His MAJESTY's Reign.
BEING THE Eighth SESSIONS in the MAYORALTY OF THE
Printed for J. HINTON, at the King's-Arms in St Paul's Church-Yard. 1741.
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 JOHN WILLES , Knt. Lord Chief Justice of the Common-Pleas; the Worshipful 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.
378. + Thomas Chapman was indicted, and the Indictment sets forth, That he, not having the Fear of God before his Eyes, on the 16th of September , in, and upon Jane his Wife , feloniously, and with Malice afore-thought, did make an Assault, and with a certain Pistol charged with Gunpowder, and a leaden Bullet, did discharge and shoot, well knowing the said Pistol to be charged, and on the left part of the breast, near the left Pap, did strike and penetrate, and did give the said Jane one mortal Wound, the breadth of one Inch, and the depth of nine Inches, of which Wound the said Jane instantly died.
He was likewise charged a second time by the Coroner's Inquisition with the said Murder.
Foster. I happened to be in the House where this unfortunate Accident happened.
Q. Did you lodge there?
Q. Where is the House?
Q. What did you see ?
Foster. Please you, my Lord, she was sitting at the Foot of the Bed, with her Child sucking at her Breast.
Q. What time of the Night was this ?
Foster. It was about a Quarter before five in the Afternoon; I sat just facing of her; it was up two pair of Stairs, on the 9th of September.
Q. Where was the Husband?
Foster. Her Husband had been a board of a Ship for a Fortnight or three Weeks. He comes up; as he got up half way the Stairs, he cry'd, Hollo ! before he came into the Room; he cry'd, Hollo ! two or three times, Are you all dead or alive? So he came immediately into the Room with an empty Quart-Bottle in one Hand, and a Pistol in the other.
Q. What did he say when he came in ?
Foster. He never said another Word, but shot her dead; she was dead directly.
Q. Did he give no Reason why he did it?
Foster. He said nothing. As soon as ever he had shot her, he said, Lord Jesus Christ have Mercy upon me. I have killed my Wife accidentally !
Q. Did he point the Pistol to her ?
Foster. He pointed it to her left Breast directly.
Q. Did you know this Man before?
Foster. My Lord, I believe I know'd him better than eight Years; his first Wife lodged in the House where I lived.
Q. Did you ever hear of any Quarrel between them ?
Q. Did the Man before this seem to be in his Senses, or out of his Senses?
Foster. When he was drunk, he was very nonsensical as others.
Q. What was he when he was sober?
Foster. I can say nothing of his being out of order.
Q. At that time was he drunk or sober?
Court. Then he did not stay to take Care of his Wife ?
Foster. No, my Lord, he went down Stairs directly.
Q. Do you think it was design'd by him, or an Accident?
Foster. Please ye, my Lord, he never said a Word when he enter'd the Room, but he clapp'd the Pistol up to her left Breast.
Q. Did the Pistol touch her Breast?
Foster. I believe it did.
Court. Besides those Words, that he made use of, did he seem to be in a great Confusion ?
Foster. He seem'd to be in a great Confusion when he had done the Murder.
Q. Do you know any Thing more,
Foster. She dy'd immediately, and fell down upon her Knees, with the Child at her Breast, never groan'd nor sigh'd, but was dead in half a Minute.
Q. How did he behave himself to his first Wife ?
Foster. My Lord, he never quarrell'd with his first Wife.
Q. How long has he been married to this Wife?
Foster. He has been married to this Wife seven Years, to the best of my Knowledge.
Court. You say he never quarrell'd with his first Wife; did he ever quarrel with this?
Foster. They might have Words. I did say that she wanted all Necessaries of Life; I speak of all Wearing Apparel, and the like.
Q. About what Time of the Night was it?
Jefferys. Between five and six o'Clock, I was sitting by my Door, and I saw the Man with a Bottle in one Hand, and a Pistol in the other.
Court. Then you saw him before?
Jefferys. Yes. I saw him go up the Court with a Bottle in one Hand, and the Pistol in the other.
Q. When did you see him return?
Jefferys. In a Minute's Time I heard an Outcry, Jefferys, Jefferys, from the Court.
Q. Can you tell who it was that cry'd out?
Jefferys. No, I can't, my Lord.
Court. You can't say it was him?
Jefferys. I can't, my Lord. Then I immediately ran up the Court, and saw the Prisoner come down with one of his Hands bloody, but which it was I can't say.
Q. Had he any Thing in his Hands, either Bottle or Pistol ?
Jefferys. Nothing, my Lord.
Q. What might he say?
Jefferys. Lord, says he, I have kill'd my Wife, I have shot my Wife dead.
Q. Did he say, how, or why he did it?
Jefferys. He said he did it accidentally. He said, I have shot my Wife dead, dead. I said, if he had done such an Action as that I should not part with him. He said, I will surrender myself to you.
Q. Did he seem much concern'd?
Jefferys. No, my Lord, not much concern'd; he seem'd something in Liquor. I told my Servant to take care of him while I went and got an Officer. I ask'd him, What Business he had with that Pistol? And he told me, that the Mate of a Ship had set him on Shore with it, to have a Rammer put to it.
Q. Did he say any Thing else?
Jefferys. He told me, that he had try'd to let it off two or three Times, as he came along, but it would not go of.
Q. How long have you known this Man ?
Jefferys. I have known him some time, but I never chang'd two Words with him.
Q. Was he out of his Senses?
Jefferys. I take it, if he was out of his Senses he would not be sit for the Business he was in, but I believe the People were necessitated pretty much.
Q. What do you know of this Man ?
Newy. I know nothing of the Murder. This Man said, I gave him a Pistol to get a Rammer put to it which I did not; he was boarded about eight or ten Days before this happen'd. He came on Board at Evening commonly, and I observ'd when he came on Board he came often in Liquor, and he would talk a little at random.
Isabella Newland. He (the Prisoner) came up the Court with a Bottle in one Hand, and a Pistol in the other, but he did not say any Thing to me.
Q. Did you see him come back again?
Q. Did he seem to be under a great Concern?
Newland. Yes, he seem'd in a great Confusion.
Q. Did he say any Thing more ?
Newland. No more my Lord, but that he had shut his Wife undesignedly. Mr Jefferys laid hold of him, and I went and took up the Deceased, which was shot through her Breast, with her Child under her Arm.
John Eades , Surgeon. At the Time the Coroner's Inquest sat, I was sent for on the Saturday, and I found the Wound just above the left Breast penetrared into the Thorax; and I found another where the Ball went through. I apprehend the Pistol I was clapp'd close to her Breast, because the Skin was burned for about two Inches round the Wound; the Skin was like a Parchment.
Guilty of Manslaughter .
379 + Peter Lickner , late of Saunders in Kent , was indicted, and the Indictment sets forth, That he together with Thomas Reynolds , and divers others not yet taken, on the 26th of September, at Hawkhurst in Kent, was armed with Fire arms, and other offensive weapons, unlawfully and feloniously aiding and assisting in carrying off uncustomed Goods, and Goods liable to pay Duties, which had not been paid, or secured; against the Statute in that Case made and provided .
Gosling. Yes, Sir.
Attorney-General. Give my Lord and the Jury an Account, when you saw him.
Gosling. On the 26th of September, 1746 . I saw the the Prisoner at the Bar, in Company with several others, arm'd with Fire-arms.
Q. What Number were there?
Gosling. I believe about eight or ten. The Prisoner was arm'd with a Brass Gun, and a Brace of Pistols. They were all on Horse-back, and had several drove Horses; they had with them several Half-Anchors and Oil skin Bags. I believe there might be eight or ten drove Horses.
Q. Can you tell what Gang it was?
Gosling. I can't tell. He had People that he used to harbour in his House, which they used to call his Gang.
Q. What are Oil skin Bags made use of for?
Gosling. Oil-skin Bags are made use of purely to put Tea in. They are generally thrown on the Horse's Saddle, one on one side, and the other on the other side.
Solicitor-General. I ask you, Whether Tea, that comes over run in that manner, is not generally put up ready to be thrown upon the Horses.
Q. Is Tea brought over by any other Persons in that Ways ?
Gosling. Not as I know of.
Q. Was the whole Gang arm'd?
Q. Who makes use of these Half-Anchors ?
Gosling. The Smugglers chiefly. They are flung on both ones of the Horse; and they sometimes contain Rum and sometimes Wine.
Q. About what Size might there Cases be?
Gosling. They might be, to the best of my Knowledge, about four Gallon.
Attorney-General. I think they can't be imported by Act of Parliament in those small Casks; they can't be imported under sixty Gallon.
Q. Did you ever know Merchants, or fair Dealers, import their Tea in Oil-skin Bags?
Gosling. Never in my Life.
Council. What are you?
Gosling. I am an Attorney.
Q. Are you acquainted with the Manner of Merchants bringing Goods?
Gosling. I am unacquainted with the Manner of Merchants bringing Goods.
Council. This Fact you speak of was in September was a Twelvemonth.
Gosling. It was the 26th of September 1746.
Q. When did you give an Information against this Man for Smuggling?
Gosling. I can't say, it was a little before the last Assizes.
Council. Then it might possibly be in August; how can you recollect particularly September 1746, now you can't give an Account of the Day or the Week?
Gosling. I know it was before the Assizes; I think it was some time in August; he was committed to Maidstone Goal in June; I charged him with the Fact before.
Council. Why did you not charge him before?
Gosling. Because I had been in the North of England, I did not dare to do it till there was a Party of Dragoons down.
Council. I think you charged him upon something of your own Prosecution?
Gosling. He was acquitted of that by the Act of Grace.
Q. Who did you buy these Swords of?
Gosling. Of one Barthalomew Thompson.
Council. I ask you, upon what Day was it you charged this Prisoner at the Bar to be enquired after ?
Gosling. I gave an Information to Mr Cook for robbing of me, as well as riding thro' the Parish of Hawkhurst.
Attorney General. I should be glad to know, whether the 26th of September was the only time?
Gosling. I saw him the 4th of August before; I have seen him at divers other times before, but I can't take upon me to lay any particular Day.
Attorney-General. Then you did not dare to give this Information till you had a Party of Dragons?
Gosling. I liv'd at Hawkhurst for some time, and was forc'd to quit the Parish and leave my Business, for I was in Danger of my life.
Attorney-General. Had you the Assistance of any Dragoons, of Foot Soldiers ?
Gosling. There was a Party of Dragoons down about Goudhurst and Hawkhurst, and he was taken up by that Party of Dragoons, and what they call the Militia.
Council. You are upon Oath; I would ask you, whether you had not a Quarrel; and whether you had not Sheep and Oxen, from time to time, when you was pleased to command them?
Gosling. The case is this, if I must relate the whole Story. When I first came to settle in the Parish of Hawkburst, the Prisoner employed me to sue one Sorrel, who was indebted to him four or five Pounds; I sued Sorrel to a Writ of Enquiry. Before I could take him up, he was committed to Maidstone Goal upon the Account of Horse-stealing, and I did not care to proceed any further. When he came out again, Tickner required me to pursue it; upon which I desired my Money, which was ten or a dozen Pounds; I ask'd him several times for my Money: I knowing the Man's case, offered to take it at ten Shillings a time as he could spare it; he promised me he would. After this, he brought me a Sack of Wheat, and a Hog, or two Bushels of Wheat, and a Hog; that is all I had: Upon his bringing these Things, he gave me a Note of Hand for eight or nine Pounds. I had divers times asked him for this Money; he would say, he would pay me this time and that time, and at last, that he would never pay me; he said, if I ask'd him for it he would whip me, or Horse pord me: With that I said, I would not ask him by Word of Mouth. After this, he rod after the Officer, with a drawn Sword, thro' the Parish of Hawkhurst.
Council. When was this Affair of all this Law?
Gosling. It was a matter of six Years ago.
Q. When had you the nineteen Lambs ?
Gosling. Last July, or August after, I had got a Judgment.
Q. What Dealings had you with him between 1744 and 1746?
Gosling. No Dealings; but endeavoured to get my Money.
Q. Had you not a Pair of Oxen and a Stear, and nineteen Lambs and Sheep?
Gosling. Yes; these I had in July last.
Q. How long after this did you give this Information?
Gosling. He was in Custody, and in Goal; when I had these Goods of him; says he, If you will let me loose, I will pay you the nineteen Pounds? I said, Peter, if you like well to pay me the nineteen Pounds, or give me Value for it, you may: I will, says he, if you will give me a Release? I said, Peter, I will do you justice, if you will do me justice.
Council. How came he to pay you when he was in Custody?
Gosling. Because he thought to make a Friend of me.
Prisoner. He told me, if I would pay him eighteen Pounds, nine Shillings, he would release me. I told him, I had not Money: He told me, If I would pay him, he would release me, and I should be the sooner Home to my Family.
Court. Did you say any thing to him of that sort?
Gosling. No, I never did say so.
- Buckler. I have known the Prisoner three or four Years.
Q. Where did he live?
Buckler. In Saunders.
Q. What has been his usual Business?
Buckler. He has been a Smuggler.
Q. When did you see him smuggling?
Buckler. I saw him last September was a Twelve-month.
Q. Where did you see him?
Buckler. I saw him in Hawkhurst.
Q. Were they armed?
Buckler. All armed.
Q. Was the Prisoner armed?
Buckler. He had a brass Blunderbuss, and a Brass of Pistols.
Buckler. Yes, Sir.
Q. What were they carrying?
Buckler. They had Oil-skin Bags, and Half-Anchors; I take the Bags to be full of Tea.
Q. Is it usual to bring it over from beyond sea in these Oil skin Bags?
Q. In what way do they make use of them?
Buckler. They lay the Bags upon the Horses, one of one side, and the other on the other side.
Q. Is it usual for Merchants and Traders to carry Tea in Oil skin Bags?
Buckler. Not as I know of.
Q. What did they carry in the small Tubs ?
Buckler. Brandy; they hold about four Gallons, the Half-Anchor.
[ Cross Examination.]
Council. Are you Servant to Mr Gosling?
Buckler. Yes, Sir; I have been Servant to him three Years and three Quarters.
Q. Are you his Clerk?
Buckler. No, a common Servant.
Q. When did you come out of his Service?
Buckler. Last Christmas.
Q. What did he do after Christmas ?
Buckler. He releas'd me at Christmas; he lived at Maidstone since Christmas.
Q. How many times have you seen him since Christmas?
Buckler. I have seen him three or four times. I saw him this Spring there.
Q. When was it you saw him since Christmas. - Is he a Housekeeper?
Buckler. I can't say whether he keeps House, or whether he boards with another.
Q. When was the first time you left him?
Buckler. I left him on the Twelfth-Day.
Q. Where do you live?
Buckler. I live at Cranbreak, about twelve Miles from Maidstone.
Q. Where did you see him afterwards?
Buckler. I saw him at the Bull.
Q. When did you see him after that?
Buckler. I saw him last Week.
Q. When was the second Time you saw him ?
Buckler. I saw him last Week, and I saw him on the Twelfth Day.
Q. I ask you how many times you saw him after you had left him, before Midsummer last? Did ever any Massenger go from one to another in that time?
Buckler. None at all. I saw him at Twelfth tide, and I saw him last Week.
Q. When you saw the Prisoner at Hawkhurst, what sort of a Horse was he upon ?
Buckler. It was a grey-Horse.
Q. Had he Oil-skin Bags upon his Horse?
Q. When did you hear of this Man being taken up?
Buckler. I heard of it last night.
Q. Never before?
Buckler. I can't tell; I believe it was a Month before.
Q. Who came to speak to you about it?
Buckler. It was a young Man that belongs to the Army.
Q. Did Mr Gosling never speak to you about it?
Buckler. He told me of it last Week.
Q. Did he ever speak to you about it before?
Buckler. I don't remember he did.
Q. What did he desire you to do?
Buckler. He did not desire me to do any Thing.
Q. How came you to remember it was the 26th of September?
Buckler. Because I was loading Goods for Mr Gosling; and I remember the Loading that Day, and that Day I saw this Gang, and that help'd me to be so particular.
Q. What Time of the Day was it that you saw the Prisoner and others together ?
Buckler. I take it to be between ten and eleven.
Hepbourn. I was ordered upon a Party to take the Prisoner for smuggling; as we had Information we went, about four o'Clock in the Morning we came within sight of his House.
Q. What Day was it?
Hepbourn. It was of a Sunday last June; accordingly a Party of our Men went down to the Front of his House, and I and another, that knew him, went down backwards; accordingly as we were down in the Field I happen'd to see the Prisoner making his Escape with nothing but his Shirt on from the Backdoor; accordingly I stopp'd him, and bid him to stand, or else I would fire at him; accordingly he ask'd me, What I wanted with him? The other Man, that was with me, knew him, and said, it was Rough Tickner. I said he was rough enough, and he should go with me; Upon that I said he should go
Court to the Prisoner. Now is your Time to make your Defence.
Prisoner. My Lord, I never sent a Shilling out of the Nation in my Life. I never had a Bag of Tea in my Life. Never, never, had any Horse; and 'tis a malicious Prosecution by Gosling.
Thorp. He never bought any of me; he borrowed four Swords of me, but never paid me any Thing for them.
Merchant. I can't say.
Luller. I have known him for about three Months.
Q. Was you privy to some Actions between Gosling and Tickner?
Luller. I never saw Tickner in my Life; but Gosling sent for me to buy some Stock, and while I was there Mrs Tickner was there.
Q. Did Gosling say whose Goods they were?
Luller. He said he had the selling of them upon his own Account. The Wife of the Prisoner was present in the Room. I bid Money for them, and Gosling said the Stock was aside over to him; so I bought the Stock of him, and paid him for it. He promis'd that he would be a Friend to Mrs Tickner, and get her Husband out of Goal as soon as possible. I paid him six Pounds for them. He promis'd Mrs Tickner to meet her at Mr Cook's, and get her Husband out of Gaol.
Q. What Day of the Month was this?
Luller. The 2d of July.
Attorney General. Did he promise to get him out of Gaol?
Luller. Yes, Sir, he did several Times, that he would do all that was in his Power.
Gosling. I promis'd to be a Friend to her upon Conditions: I never promis'd but to do him Justice.
Council for the Defendant. What, was that to get him hang'd? That was what you promis'd the Woman; did you?
Council to Luller. Did he say any Thing before the Justice of getting her Husband hang'd?
Luller. He said he would do all that lay in his Power to the getting of him out.
Holder. When I fetch'd the Bullock about a Mile out of Town, I believe he had been in Gaol about a Week or Fortnight, I did not see Gosling all the Time I was there
Q. Did you see Gosling at all?
Holder. I saw him often before and after.
Attorney-General. Do you know Tickner? What is his Employment?
Holder. A Farmer.
Q. Has he no other Employment?
Holder. He keeps a pretty large Farm.
Q. Did you never hear he was a Smuggler?
Holder. I have heard he has; and I have heard he has not; and he is a considerable Farmer at Saunders.
Council for the Defendant. This Act of Parliament is against those that are arm'd with Fire-Arms, in order to be aiding and assisting in running and carrying away uncustomed Goods. This is laid to be uncustomed Goods. For my part, I don't know what uncustomed Goods are. Here's nothing appears that there are any Goods. Here's carrying something in Bags: Because Smugglers carry Tea in Oil-skin Bags, it therefore must be Tea. The Attorney General takes Notice of this extraordinary Point of Law, and submits it to the Court. This Evidence given to the Court and Jury is not sufficient to maintain the Indictment, because 'tis required by Act of Parliament, in order to bring a Person within the Description of this Act, that they go arm'd to the Number of Three or more; but the going arm'd alone is not sufficient to bring him within this Act of Parliament; but it must be in aiding and assisting in running and carrying away uncustomed Goods. Now, though 'tis fully prov'd, that the Person did thus appear with Arms, and some Goods, yet it does not appear they were uncustomed Goods.
Attorney General. I readily grant these Things must appear to the Satisfaction of the Jury. It must appear to the Jury, that the Prisoner was armed, and that is proved by two Witnesses uncontradicted, and among seven Witnesses produced, there is not out of them produced to shew, whether he was not concerned in that Transaction with Arms and Fire arms mentioned; and there is not one single Word said by way of Objection, by Witness, or Council at the Bar. What is the next, in order to be assisting; in the first place, this is matter fact, which the Jury are to judge of; but, say they, it must not depend upon presumption, but by a Person seeing the Tea; now there is nothing more certain that that Fact is not necessary the Witness seeing of it, any more than seeing a Man kill another in the dark; if this kind of Rule is to be
The Jury could not credit Gosling's Evidence, therefore the Prisoner was acquitted of this Indictment; but was ordered to be continued in Custody by another Charge against him.
380. + George Lancaster was indicted for feloniously causing and procuring to be falsly made, forged, and counterfeited, the Assignment of George Price , of the Will of his Father Hugh Price , with intent to defraud John Girling , and for publishing the same, knowing it to be false, forged, and counterfeited, against the Statute, &c. June the 12th .
Attorney General. Please your Lordship, and you Gentlemen of the Jury, the Prisoner at the Bar, George Lancaster , stands indicted for a Crime of a very high Nature, and if it is proved against him, will subject him to a great Punishment; and 'tis a Crime of forging of an Assignment, and a Letter of Attorney, for receiving certain Wages due to a Seaman, and the Case is as I shall now state unto you. - One John Girling was applied to by the Defendant, the Prisoner, upon the 6th, or 7th, of last June, as on the behalf of one George Price : The Prisoner, at the same time, shewed to this Mr Girling, a Letter that was signed George Price , where in Price is made to desire of the Defendant, to sell out thirty six Pounds, as Wages of his late Father, late a Mariner. This Hugh Price had been a Mariner in the Service of the Crown, and he died, and at the time of his death, there were Wages due to him to the amount of thirty-six Pounds; he had made his Will, as it is said, and probably true, whereby he had made his Son, George Price , his sole Executor; so that his Son, by that Will, became intitled to the whole Estate of his Father. The Prisoner at the Bar, I think he was Clerk of the Ship to which Hugh Price belonged, and he got into his Custody this Will of Hugh Price 's, and the Use he made of it I am now going to state unto you. He went to the proper Office of the Prerogative Court, in order to get this Will proved, and at the same time that he brought the Will, in order to be proved, he pretended that he himself was the Person named as the Executor in the Will; and therefore he took an Oath, which is necessary for a Person to take who pretends to be an Executor, therefore he prays that a Probate might be granted to him. The Proctor had no Suspicion whatsoever that he was not the real George Price , accordingly did that which was necessary for that purpose; accordingly a Probate was granted to George Price , the supposed Executor: When he had got the Probate of the Will into his Custody, he then applied to Mr Girling to sell him that, which if he was an Executor, he had a Right to sell; he applied to him in June last; he did not apply to him as the Executor; but pretending he was employed by the Executor, George Price , to procure that Money for him. Mr Girling not apprehending that which comes out now to be the case, not doubting but this Man had a proper Authority from George Price , his Business was to enquire whether George Price was Executor of the Will, whether there was this Sum of Money due to the Testator, thirty six Pounds; accordingly he sent into the Country, to the proper Pay-Office at Portsmouth, to know whether there was such a Person, and so much Money due to him; he received for Answer, there was; upon that, the Prisoner comes again upon the 12th of June, and then produced to him the Probate of this Will of Hugh Price . Mr Girling then apprehended every thing was right; upon that he agrees to purchase these Wages for the Sum of 27 l. 5 s. For this purpose a Bill of Sale was filled up; the Defendant took the Bill of Sale away, pretending he must take that to George Price , whom he pretended lived at Twickenham; accordingly the Prisoner at the BarGeorge Price , and signed by two Witnesses. Presently after this, Mr Girling heard that there was another Person claimed the Benefit for one Margaret Price , as the Wife of Hugh Price . This we may easily imagine alarmed Mr Girling, that he had been imposed upon; upon which he applied to the Prisoner immediately, and asked, How it came to pass that he should get a Bill of Sale, When these Wages belonged to another? Upon that, he desired to know where George Price lived? He then told him, that George Price had signed that Bill of Sale, and that he lived at Twickenham. Upon that Mr Girling went to that Place; when he came there, he could not get the least Intelligence of such a Person; he enquired also after those two Persons that were named as Witnesses, John Chapman and Thomas Stillard ; upon enquiry, he could not find out any one of the Witnesses; however he applied again to the Prisoner at the Bar, to know what was the real Truth of the Case, and where Price was to be found; upon that he said, he could not tell where Price was to be found; but then he told him, the Money that he received for this Bill of Sale he had paid to a Waterman of Twickenham for the use of Mr Price, but he could not tell the Waterman's Name. Upon that Mr Girling arrested him, and he was in Custody. He went to him when in Custody, to know what was the Meaning of his imposing upon him in this Way. He then confess'd, that he himself, had sign'd the Name George Price to the Bill of Sale. That he had transacted the whole Affair himself. Then he offer'd to give Mr Girling a promissory Note, but Mr Girling had too much Honour and Honesty to let such a Crime pass without Punishment. Accordingly he was laid hold of by a criminal Prosecution, and he is now indicted upon a Statute made in the Second Year of his present Majesty, for the Benefit of all Mankind, to secure them against such Villains. Forgery was always, by the common Law of Nature, as well as the Law of this Country, a very great Crime indeed; but the Common Law did not punish it, as in some other Cases, with Death; and 'tis more material that it should be subjected to such a Punishment, because 'tis a Crime of that secret clandestine Nature, that it becomes extremely difficult to find it out; and therefore to prevent these Crimes, it becomes your Province to do Justice to the Publick, where the Fact is prov'd as 'tis charg'd. - it is enacted, '' That from and after the 9th of June, 1729 '' in case any Person shall falsely make, or counterfeit, '' or aid and assist in falsely making, forging, '' or counterfeiting any Deed, Will, Bill of Exchange, '' Promissory Note, or any Acquittance, for '' Money or Goods, with an Intention to defraud '' any Person; or utter the same, knowing it to be '' false and counterfeited, he is to suffer Death, without '' Benefit of the Clergy'' He stands indicted by this Law, and in two Respects, upon the Foundation of this Law: The one is, as the Forger and Maker of this Deed; the other is, that he has publish'd this Deed, knowing it to be forg'd; both of which are made Death, without Benefit of Clergy. So that the Fact we are to prove to you is. Whether that Deed we are to produce to you is a forged Deed? And in the next Place, whether this Person did forge or assist in the doing of it; and then, whether he did not utter it, knowing it to be forged and counterfeited?
Besides what have been mentioned, there are these Reasons to confirm the Charge, for the real George Price is an Infant of seven Years old; and to this he acknowledged that he did the whole himself, without any Authority from George Price .
I need not tell you of how much Use it might be to have Examples made of Persons of this Kind, that where a little Pittance of Wages, got at the Hazard of the Lives of Persons; I say, to have that taken away from a Family, by the Hands of these Sort of People, who, by the Trust reposed in them, are bound to take Care of it for the Wife and Children. This Crime especially, I say, from these Persons, is highly aggravating, &c.
Redman. The Dorchester. He entered as an able Sailor, and dy'd on Board of her the 12th of July, 1746.
Attorney-General. What Wages were due to him?
Redman. The neat Money was 36 l. 6 s. and 7 d.
Attorney General. Was the Prisoner an Officer on Board of that Ship?
Redman. He was the Captain's Clerk on Board the same Ship.
Henry Parrant , Proctor in Doctors Commons.
Solicitor-General. Give an Account of what you know of proving this Will of Price's; who brought this Will to be prov'd ?
Glavill. The Prisoner brought it, I remember his Face very well.
Solicitor General. What did he call himself?
Glanvill. He call'd himself the Son and Executor of Hugh Price , and he was sworn by Dr Chapman in my Presence, by the Name of George Price . The Oath that the Surrogate administer'd to him, as near as I can recollect, is, '' That he was the Son and the '' Executor in this Will. That he would pay the '' Debts. That he was the Son and Executor.'' Upon that I got the Probate of this Will out of the proper Office, and he came to me the next Day, and had the Probate, and paid me for it. The engrossing of the Will is all my own writing.
The Prisoner ask'd this Witness, how he could be certain it was him?
Glanvill. On the 8th of June he was sworn. He came the next Day for the Probate. I had taken a Guinea of him in part, and he came the next Day and paid the other. Soon after, as I was walking with a Friend in Cuper's Gardens, I said to my Friend, There is a poor unhappy Man, that apply'd to me to get Wages due to his Father, and now he is squandering of it away. I went into Newgate since, and I knew him as soon as ever I saw him.
Girling. Yes, Sir, I know him very well, too well; I have known him for this Half-Year. About the 5th or 6th of June, I can't be sure, he comes to my House and ask'd for Benjamin Clap ; I told him he was in the House, and I sent him up to him, and I follow'd him. I went up Stairs, and he produc'd a Letter, that, he said, he receiv'd from George Price , directed to himself. The Contents of this Letter was, That George Price , who lived at Twickenham, that he had some Wages due from the Dorchester; and he desir'd him, that he would dispose of it. I said to Mr Clap, if he thought it was a good Thing I did not care if I had it. He told me, that he was a Witness to the Will himself. I told him, that I would write to my Agent at Portsmouth, and in case the Ticket was there I would deal with him. He produc'd the Probate of the Will. So accordingly I sent a Letter that Day or the next. Benjamin Clap wrote the Letter, and it was some time before I could have an Answer about it. I think the Bill of Sale was the 12th. The Prisoner brought the Probate of the Will. Mr Clap fill'd up the Bill of Sale, every Thing in order, all but executing, which the Prisoner said he would go that Day and get the Son to do. The Prisoner took the Bill of Sale, and the Probate along with him. In three or four Days he comes to ask me, if I had got an Answer from Portsmouth? I said, I did not care to buy the Thing. I told him I had no Answer. I did not say a great deal about it. So on the 23d or the 22d he came again, and I told him I had got a Letter from Portsmouth, and the Answer was, that the Ticket was in the office at Portsmouth, belonging to Hugh Price, and the Sum of Money was mention'd. Then I thought it was all safe. Then he produc'd the Bill of Sale, and the Administration, sign'd George Price. As he said, sign'd by George Price , and two Witnesses. So I thought myself very safe. And more than that, he gave me another little Paper, of his receiving the Money for George Price , sign'd George Lancaster .
Q. Did you pay that 27 l. to the Prisoner?
Girling. I did.
Q. Upon what Foundation?
Girling. Upon the Foundation of the Bill of Sale and Probate together.
Q. Where did he deliver this to you?
Girling. It was in my own House, in Crutched Fryars. The first Suspicion I had, was of the Handwriting being alike. I carried it up to Clap, and ask'd him, if he did not think so too?
Attorney-General. Given an Account of this Circumstance; of your Suspicion of a Similitude in the Hands. What gave you doubt about it ?
Girling. George Price sign'd it, as he told me, but the main Thing that gave the Suspicion, that I received another Letter from Mr Stanniford, that there were two claimed these Wages besides me? then I applied to Lancaster, to know where this Son lived; he said at Twickenham. On Sunday I hired a Horse, and went there to see if I could find George Price . I enquired for George Price , or either of the Witnesses, but I could not find there was any such Person, or ever was, or either of the Witnesses; then the first time that I had an Opportunity, I applied to Mr Lancaster, and threatened him pretty sharply; I told his Mother, that I would advertise him, and Mr Clap sent him a Letter; he then would have given me a Note of his Hand; I told him, If he would bring me Security, I did not care if I did; but the Attorney I applied to, advised me to arrest him. When I was to have taken the Note, I had a Writ, and carried him to the Compter. The next Morning I goes to him, and I told him, Mr Lancaster,
Q. Did he tell you to whom he had paid the Money?
Girling. He said to a Waterman of Twickenham, but he could not tell his Name.
[ Cross Examination ]
Q. Did you not promise that you would not prosecute in any shape, if he would raise the Money?
Girling. To the best of my Knowledge I did not.
Q. Did you not say, that for this 36 l. you paid 17 l. for it; I don't wonder that poor Sailors are taken in so.
Girling. As to that, Sir, it may not be paid this two or three Years.
Sollicitor-General to Benjamin Clap. Give an Account of what you know of this Affair ?
Clap. About the 5th or 6th of June, the Prisoner came to Mr Girling, and produc'd a Letter that one George Price had sent him, in order to dispose of some Wages that was due to his deceased Father; I heard the Letter read, and I thought the Contents thereof seemed feasible; I acquainted Mr Girling, that there was an Offer of some Wages due from the Dorchester; upon the 12th, the Prisoner brought the Probate of the Will of the Deceased Hugh Price , he said he would agree for the common Premium for these things. We sent a Letter to Mr Stanniford, and on the 22 d he acquainted us, that the Ticket was there, and the Wages amounted to 36 l. Mr Lancaster said he had been at Twickenham, and he was ready for us. Lancaster came on the 23d, and we were satisfied of the contents, and we paid him that Morning 27 l. and he delivered to us the Probate, and the Bill of Sale; this is the Bill of Sale, I wrote it myself.
Sollicitor-General. What happened afterwards?
Clap. Then we sent the Probate down to Mr Stanniford in order to receive the Wages; in about ten Days afterwards we received a Letter to acquaint us, that there were two Administrations, one from the Widow of Hugh Price , and the other from Robert Parsons as the principal Creditor; I said, the Will seemed to be a good Will, but how far Lancaster may have deceived us, I said to Mr Girling, the best way for you is to get your Money of him; accordingly Mr Girling found him out in about a Week; and he arrested him for the Money, and he was carried to the Poultry Compter.
Sollicitor General. Do you know any thing material that passed there?
Clap. Nothing material passed before me.
Sollicitor General. Do you know any thing of his executing any Deed?
Whithal. He is but a Child, he cannot read nor write; he lives at Haverick in Cumberland, near Millam Castle; I was in Cumberland all that Month.
Whithal. He has been on board six Years; I have Letters from him.
Prisoner. I knew nothing of forging the thing laid against me; a Person brought the thing to me, and Mr Girling was to have five Shillings in the Pound.
Court. Where had you this Assignment from;
Prisoner. It was sent to me, in a Letter to Mark-lane, from Twickenham.
Q. to Issac Pinot. Do you know Mr Girling? Did you ever hear any Conversation pass between Mr Girling and the Prisoner at the Bar ?
Pinot. I call'd to see the Prisoner when he was first in the Compter, and this Gentleman came in, and he said, if he did not pay him the Money he would prosecute him.
Barnet. I have known the young Man these five or six Years, and I never knew any Harm of him in my Life. I went to see him when he was in the Compter, and the Prosecutor told him, if he did not pay him his Money he would prosecute him.
Thomas Cock . I have known the Prisoner about six Months, and I never heard any Harm of him. The Prosecutor own'd, that he had arrested him for a Debt; but if he could raise the Money he would make it up.
Martha Crasley . I have known him very near four Years, he ever behav'd himself very handsomely; I never knew any Harm by him; he has lodged in my House, and he always behav'd very well.
Guilty . Death .
381. + Thomas Fuller , late of Hawkhurst , was indicted, and the Indictment sets forth, That he, together with Samuel Austin , and divers others, upon the 5th Day of August , at the Parish of Lyn, in the County of Kent , being there armed with Fire-Arms, and other offensive Weapons, unlawfully, and feloniously carrying away uncustom'd Goods, and Goods liable to pay Duties, which had not been paid, or secured to be paid; against the Statute in that Case made and provided .
Attorney General. May it please your Lordship, and you Gentlemen of the Jury. The Prisoner at the Bar stands indicted upon an Act of Parliament made in the 19th Year of his present Majesty; and 'tis for a Crime that you have heard, and have had several Prosecutions founded upon that Act of Parliament, which makes the Crime a Felony, without Benefit of the Clergy. You know too well the Consequence of that Law, to make it necessary for me to explain the Nature of it to you. The Prisoner stands indicted for a Breach of that Law. The Prisoner liv'd at Hawkhurst in the County of Kent, a Place famous in the News-Papers for great Riots, great Disorders, committed by a Gang of Smugglers, and the Prisoner is one enlisted in that Gang, whose Business, together with the rest, is putting the Laws in defiance. About the Beginning of August last the Prisoner at the Bar, with a great Number of other Persons, all of them on Horseback, arm'd with Fire-Arms, the Prisoner particularly, among the rest, with a Carbine or a Blunderbuss, together with the rest, was on Horseback; and they were then accompanied with several drove Horses, and upon the Horses they rode, as upon those they drove, they carried great Quantities of Tea in Oil-skin Bags, and Half-Anchors, peculiar to those Sort of People; a Peculiarity it is which no Goods besides is carried, in order to elude Justice. In this Manner they came, thus arm'd, thus accounter'd; they came to a Place call'd Lyn, in the County of Kent, from thence they came to a Place call'd Appledore Road, there, contrary to Law, protecting themselves in this illegal Practice: I doubt not, but our Witnesses will give you Satisfaction of the Reality of the Fact he stands charged with, and I hope you will do the Prisoner justice.
Attorney-General. Will you give an Account to my Lord and the Jury, when you saw the Prisoner with a Gang of Smugglers ?
Wills. I have know him from his Infancy, tho' I never knew that he abused his Neighbours, or common People, but I have seen him among a common Gang of Smugglers. The last Time that ever I saw him was the 5th of August, 1746. with a Carbine on his Shoulder, and a Couple of Oil-skin Bags underneath him.
Q. How many People were there in Number?
Wills. I believe twenty; and there were many drove Horses; they were loaded with some Tubs, and Oil-skin Bags.
Q. Do you imagine it was Tea in the Oil-skin Bags?
Wills. Yes, because it was the general Way of Loading.
Q. What might be in those Tubs?
Wills. Either Brandy, Rum, or Wine; each Tub holds about four Gallons a-piece.
Solicitor General. Which Way was the Gang going?
Wills. They were going Appledore Road; that is, towards Old Rosmary, not towards New Rosmary.
Solicitor-General. Then I ask you; whether the usual Carriage for the Smugglers Tea is not in Oilskin Bags? Do you know of any other Commodity carried in that Way?
Wills. No, Sir. Dutch Brandy is generally carried in whole Anchors, French Brandy in Half-Anchors.
Attorney General. Did you ever see any Brandy, or other Goods, carried that way, if not smuggled ?
Q. What was understood by the Hawkhurst Gang in the Country?
Wills. We understood they were a Sort of People that committed many Outrages. I can't say that I ever saw the Prisoner commit any Outrages. I have seen him twenty Times.
Solicitor General. How many were armed?
Wills. I did not see any one of them unarm'd; they were all arm'd, some with Carbines, some with one Pistol, and some with two.
Q. How many Horses might they have besides what they rode?
Wills. Near Twenty.
Solicitor-General. Did you ever see Merchants carry Goods in that way?
Wills. Not to my Knowledge.
Q. Have they not call'd this Gang by some Name?
Wills. They have made themselves too well known, please your Honour, or Worship, or whatsoever I may stile you in Honour.
Council. Can you tell the Difference between French Brandy and English Spirits ?
Wills. If I taste it I can.
Council. You can't till but it might be British Brandy?
Wills. I can't say, it may be Geneva, it may be Tobacco, it may be Shirts of Smocks.
Council. So all that amounts to what you saw was, you saw a parcel of People on Horseback with Oilskin Bags, and Tubs, but you can't tell whether it was Tea or Tobacco, or British Brandy.
Solicitor-General. Do you believe it was Tobacco?
Wills. I can't tell what it was.
Sollicitor-General. What do you believe it to be?
Wills. If I must pass my real Verdict, I must believe it to be Tea.
Council for the Defendant. Thou wouldst he very loth to be hanged upon another Man's Belief.
Wills. Ay, so I should.
Sollicitor-General. Or upon another Man's Evidence either.
Wiseman. I have known the Prisoner about four Years. I saw him about the 5th of August, 1746, about a Mile from Lyn, between Lyn and Old Romney; he was along with several other Persons, it might be about fifteen or twenty. Thomas Fuller was arm'd, and to the best of my Knowledge, with a Carbine or Blunderbuss; most of them were arm'd.
Sollicitor-General. Had they any Horses besides what they rode upon ?
Wiseman. There might be thirty or forty drove Horses. They had Half-Anchor Calks and Oil-skin Bags. I imagin'd they had Tea and Brandy.
Q. Where they full?
Wiseman. They were full of something.
Sollicitor-General. Explain to the Jury why you think those Bags contain Tea.
Wiseman. The Reason why I think so, because they never carry in any other; but I don't know, I did not see the Bags open'd.
Sollicitor-General. I suppose you did not dare to ask them that Question?
Wiseman. They would have shot me dead if I had presum'd to ask them. Some of these Bags contain Half an Hundred and some a Quarter of an Hundred.
Q. During the seven Years you was in that Country, did you ever see any fair Trader, or Carrier, go with Goods in that way. Are these Gangs grown so notorious that the Country know them.
Wiseman. They are got so notorious we can't live in our own Houses. That very Person himself, the Prisoner, came to my House, and insulted and abused me.
Q. When you saw this Gang go by, did you know them enough to know what Gang they where?
Wiseman. Some of them belong'd to Goudburst, and some to other Places, but they are call'd the Hawkburst Gang.
Council. Canst thou tell, Friend, What is in my Hat?
Wiseman. There is something in it. There is Paper in it.
Council. Is there nothing else?
Wiseman. I can't tell.
Council. Thou canst just as well tell, what was in those Casks, as what is in my Hat. There might be Tobacco in the Bags. Or thou canst not tell, but there might be Vinegar or Verjuice in the Casks.
Sollicitor-General. You must show it was Verjuice.
Council for the Defendant. I think otherwise.
Sollicitor-General. That you don't.
Polly. Yes, Sir; I live there.
Q. What is your Business?
Polly. A Riding-Officer.
Q. Are you acquainted with the Method of the Smugglers Carriage of their Goods?
Polly. Sir, I have seen them several times carry Goods.
Attorney-General. I would ask you, what is their usual Package for their Tea?
Polly. In Oil-skin Bags.
Attorney-General. I ask you, whether 'tis not universally understood, when you see Gangs with such Bags, that they are Smugglers?
Polly. Yes, Sir; and what we take in our common way we find it so.
Attorney-General. I ask you, whether Brandy that is run is not in small Casks?
Attorney General. I ask you, whether it is not universally understood, when Casks are so carried, they Wine or Brandy ?
Q. Have you ever seen any of these Oil-skin Bags opened?
Polly. I have seen them when I have taken them; I never saw any thing else in them but Tea?
[ Cross Examination.]
Council. I suppose if I was to go down into Kent, I could buy an Anchor, or half an Anchor, of Brandy, that was not run?
Polly. Not in our Country I believe, Sir; I leave you, Gentlemen, to guess what it was.
Council. You are not to hang a Man for your own Thoughts; may not any Man put up Goods in this Manner ?
Sollicitor General. Did you ever know a fair Trader put Tea or Tobacco in Oil-skins; or did you ever, in the whole Course of your Life, see such a thing?
Polly. Not in our Country.
Sollicitor-General. What is the Practice of Smugglers in carrying off their Goods?
Walker. Such time as I have been an Officer, which has been ten Years, I never took no Tea in my Life upon Horses, but what was in Oil-skin Bags. Wherever I had a Suspicion, and found Oil-skin Bags, I always found Tea.
Q. How many may you have found?
Walker. Thousands of Bags; when they are in a Hurry, and taken from the Sea, they are in Oil-skin Bags; but when they carry them up into the Country, they carry them in Sacks; there is never a Gang that comes from the Sea-side, but rides with something upon their Horses, unless one that is got from a Plough-boy to be worth about 4 or 5000 l. Drove Horses carry 100 and a Half, and sometimes 100 and a Quarter.
Attorney-General. In what Casks is Wine run, or Brandy, carried?
Walker. 'Tis generally in Half-Anchors; I have known six or seven Half-Anchors upon a Horse; a Man will ride upon four very well.
Sollicitor-General. Do you know in the Smuggling-Cutters, whether Tea comes over in these Bags, and Liquor in these Casks?
Walker. There is, first, a Bag that is made of a sort of Stuff, that they make their weak sort of Sacking of, and they put the Oil-skin to keep the Wet out; there is a slight sort of Cloth that is put first, then the Oil-skin is put over that, because it should not take wet. I have known your fine Tea double-cased, but I never saw any Tea but in an Oil-skin Bag.
Sollicitor-General. You have said the Tea comes in Oil-skin Bags; now as to these Casks the Size is generally Half-Anchors, can any Quantity of Liquor be entered in Half-Anchors, what is the smallest Size Cask that any Liquor can be entered in?
Walker. Sixty Gallons.
Sollicitor-General. Did you ever see any others carry Things with an armed Force?
Walker. I have challenged People upon the Road, but it is your Duffers who carry your Spitalfields Goods instead of Run-Goods, they would pretty near imitate the Smugglers.
Sollicitor General. But do these Duffers go with an armed Force of ten or twenty ?
Walker. They have went two or three together, but never with Arms.
Attorney-General. Have you seen Gangs of Smugglers ?
Cotes. I have seen them several times.
Q. What is the usual Practice that Smugglers carry their Tea and Brandy?
Cotes. In Oil-skin Bags, and Half-Anchors.
Q. Have you frequently made Seizures of Oil-skin Bags?
Cotes. Frequently, Sir.
Attorney-General. Did you ever find in these Half-Anchors any thing but Brandy and Wine?
Cotes. Never, but Brandy and Wine.
Attorney-General. Is it not the usual Way of carrying these Goods?
Cotes. Yes, Sir, always.
Q. Do you know of any Gang called the Hawkburst Gang?
Cotes. Yes, Sir; we never attack'd them, because we were over-power'd.
Bolton. I am an Officer belonging to the Customs, and have been so almost twelve Years.
Q. In what part of the Kingdom have you been ?
Bolton. I have been down in Essex and in Kent; once at a time, in the Year 1744, I was carried away by a Gang of Smugglers ?
Q. Do you understand what is the usual Package that Smugglers make use of?
Q. What is Brandy and Wine in?
Bolton. What I ever seized was always in Half-Anchors.
Court to the Prisoner. What have you to say for yourself.
Prisoner. I thought I should have been try'd for being outlaw'd.
Guilty . Death .
The Prisoner upon receiving Sentence, begged to be recommended to Mercy, and he would serve his Majesty as a Foot-Soldier, or in any way he should command him.
Roberts. I live in the Parish of South Mims. On the 10th of September I lost an Ewe Sheep; we miss'd her on the 10th; I found the Skin where he kill'd it.
Q. How do you know that?
Roberts. Here is a Man present to give an Account of it.
Q. What have you heard the Prisoner at the Bar say ?
Roberts. I heard him say he had stollen my Sheep the 14th of September.
Q. What Justice was he carried before?
Roberts. Mr Hassel.
Q. What did he say, tell us the Words?
Roberts. He confess'd he took the Sheep when he was fuddl'd.
William Roberts, junior. The Prisoner stole the Sheep from my Father's Fold on the 9th Day of the Month.
Q. How do you know that he stole it ?
Roberts. Here is a Man that saw the Skin; and I heard the Prisoner own it; I heard him say, that he did do it, and he offered to pay for it.
Q. What did he say ?
Roberts. He said he was very sorry that he did it, and he afterwards offered to pay for it.
John Thrayl . I saw the Prisoner going out w ith a Joint or two of Meat one Saturday Morning; I can't tell the Day of the Month; the young Man that was with me said, it is well if that Man has not stole that Sheep.
Q. What were the Joints ?
Thrayl. Two Legs and a Line of Mutton?
Q. Did you seize the Man?
Thrayl. No; we went into a little Publick house where he came out, and there we found the Skin in the back House, where he kill'd the Sheep; the Man that keeps the Publick-house is in Countil; I look'd upon the Skin, and I knew Mr Roberts's Mark, and sent him word.
Q. What was Roberts's Mark?
Thrayl. A W and an R; and the Prisoner was taken up on the Sunday following.
Q. What have you to say with respect to this Fact; do you keep a Publick-house?
Shelford. No; he has been in the Town for about a Month.
Q. Did the Prisoner lodge at your House?
Worthy. He might three or four Nights.
Q. Did he bring any Sheep to your House?
Worthy. About a Month ago he brought the same Sheep as they accuse him of.
Q. What Mark had this Sheep?
Worthy. I can't say I saw them take the Skin; I saw the Sheep when it was dead.
Q. Did he bring the Sheep dead or alive to your House?
Worthy. I can't say; it was not in the House, it was in the Yard.
Court. Can't you tell the Difference between a living and a dead Sheep?
Q. Was there some Blood there?
Worthy. There was some Blood, and it was dead; I holpe him skin it.
Q. Did you take Notice of the Mark?
Worthy. I did not, my Lord.
Q. Was there not some Enquiry at your House?
Worthy. There was one Saturday; I was an Ostler at an Inn in the Town; I was not at home when they came on the Saturday.
Q. Who were the Men that found the Skin in your Yard?
Q. to Thrayl, Did you find the Skin?
Q. to the Prisoner. What have you to say for yourself.
Prisoner. Nothing more, than that I know nothing of the Matter.
Nicholl. The first time I saw the Prisoner, it was coming out of the Lane leading from Mr Roberts's Fold, he had the Sheep in a String.
Q. Did you say any thing to him?
Nicholl. No, I never spoke to him.
Q. Did you take any Notice of the Mark of the Sheep?
Q. Did you see it afterwards, or the Skin?
Nicholl. I saw the Skin afterwards at London-Cony at this Witness's House; I heard the Prisoner confess one Sunday Morning, that he had Mr Roberts's Sheep; and heard him confess the Worth of it, that the Sheep was worth above 12 s. he was very willing to make Mr Roberts Recompence for his Sheep.
Guilty . Death .
383. John Harvey was indicted, and the Indictment sets forth. That he, together with a Number of eighty Persons, on the 30th Day of June 1746 , in the Parish of Shevarton , there carrying Fire-Arms and other offensive Weapons, in order to the clandestine running of certain uncustomed Goods, to wit, About fifty hundred Weight of Tea from Parts beyond the Sea, from which Goods were Customs due to his Majesty, &c.
Attorney-General. The Prisoner at the Bar stands indicted for a Crime pretty much of the same Nature of that which you tried but just now, but indicted upon another Act of Parliament, which has not made the Punishment so great; by that Act of Parliament which was in the 9th of his present Majesty, it is provided, That if any Persons to the Number of three or more, assemble with Fire-Arms, in order to be aiding and assisting in the running and landing uncustomed Goods, and Goods liable to pay Duties, upon a Conviction for that Offence they are to be judged guilty of Felony, and to be transported for seven Years.
Gentlemen, the Prisoner at the Bar is indicted for his being guilty of the Crime mentioned in this Act of Parliament, which is, for his being assembled and armed with these Persons, or upwards, in the manner therein mentioned, in order to be aiding and assisting in running uncustomed Goods. Gentlemen, the Prisoner is one of those Persons we shall prove to you by the Testimony of two Witnesses, both of them who were present at that time, who were aiding and assisting at the same time; if he is found guilty, the consequence of which will be, that he will be transported for seven Years.
Tye. At the Parish of Sheverton the Prisoner was armed with a brace of Pistols; the most of them were on Horseback; he was aiding and assisting in the carrying away Tea and Brandy.
Q. What Quantities?
Tye. There might be three Quarters of a Hundred; I saw some of the Tea opened, but I did not see his opened.
Q. Was the Tea run?
Tye. They took it from on Board of a Cutter. I saw it run.
Q. Did the Brandy come out of the same Cutter?
Tye. Yes, Sir, and the Cutter was within a Mile of the Shore.
Q. Where was this?
Tye. It was by Old Chapel.
Q. What did all those People come there for?
Tye. To receive uncustom'd Goods, Tea and Brandy. They came to wait for that Vessel.
Q. How much might there be landed at that Time ?
Tye. There was fifty Hundred Weight landed.
Q. Was that fifty Hundred Weight all carried away?
Tye. All carried away. It was in Oil-skin Bags first, then put into large Sacks.
Q. Is that the usual Way?
Tye. Yes, Sir, always when I was concern'd.
Q. Did you see the Prisoner arm'd. You spoke of about half an Hundred of Tea that he himself had.
Tye. And he might have two Anchors of Brandy, or one.
Q. Do you recollect what Day of the Week it was?
Tye. I can't say, but I rather think it was on a Sunday; it was the latter End of June. There were two Companies of Smugglers together.
Q. How many might this Gang consist of?
Attorney-General. Of which Gang was the Prisoner?
Tye. The Hadley Gang, and the Waist Gang.
Q. What Time of the Day was it that you saw these Goods?
Q. How long did you see them?
Tye. I saw them six or seven Hours.
Q. Is it usual to he there when the Vessel is not expected?
Tye. She was not to be work'd but in the Night-time.
Q. What Business are you?
Tye. I am an Husbandman.
Q. How come you to be at Old Chapel? Did you go to be aiding and assisting?
Tye. I was one of the Company at that Time: The Waite Company.
Chenery. Yes, Sir, I have rode with him three or four Years.
Q. Have you ever seen him engaged with armed People?
Chenery. Yes; in particular on or about the 30th Day of June. I can't be positive as to the Day.
Q. How many were there?
Chenery. There were two Companies together, about fourscore or a hundred People.
Q. Did you see the Prisoner at the Bar among them? Was he arm'd?
Chenery. Yes, and he was on Horseback. I was at the Water-side working of the Goods. The Prisoner had a Brace of Pistols.
Q. What Goods were they working?
Chenery. Tea and Brandy they were fetching out of the Cutter on the Beech.
Q. Did you see any of those Goods carried away?
Chenery. Yes, I rode fifteen Miles along with them. I believe there might be about fifty Hundred Weight of Tea. As to the Quantity of the Brandy I can't say.
Q. What Quantity of Tea had the Prisoner?
Chenery. I think he had Tea and Brandy both, but what Quantity I can't say.
Q. What Horse was the Prisoner upon?
Chenery. I can't positively say what Horse it was, but I believe it was a brown one.
Q. Do you recollect the Day of the Week?
Chenery. It was upon a Sunday
Q. What Time of the Day?
Chenery. We went down on the Beech about eight o'Clock in the Morning.
Q. When was that Cutter expected in?
Chenery. She was not expected in till the Night after.
Court to the Prisoner. What have you to say?
Prisoner. I can make it appear that I was at home.
Tees. Please your Honour, on the 30th of June, 1745. I receiv'd 5 s. of my Master in part of Payment.
Q. What are you?
Tees. I am an Husbandman. I live at Hadley. I am a labouring Man, in a little Plot, not enough to employ myself.
Q. What Day was it that you received this Money ?
Tees. It was of a Sunday.
Q. Where did you receive it?
Tees. It was at his own House in Hadley Parish.
Q. What Time of the Day was it?
Tees. It was six or seven o'Clock in the Morning.
Q. How long did you stay with him?
Tees. I was with him all the Forenoon, and he ask'd me to dine with the Servants after I receiv'd my Money; and after that I help'd my Master and Mistress to the Horse to go to Church in the Afternoon.
Q. What did you do for him?
Tees. I plow, and hedge, and ditch.
Q. How long had you served him before this?
Tees. I served him a Year and an Half. I never wrought a Day from him never since Midsummer was three Years.
Q. Who was present at the Time when you was with your Master?
Q. Does he serve your Master in the same Way?
Tees. My Master is a Farmer.
Q. Pray, where was your Master the Day before?
Tees. I can't tell.
Q. Did you dine at the House? Did you dine with him the Day before?
Tees. We never dine with our Master.
Q. Did you lie at his House?
Tees. No, I have a Cottage.
Q. Did Pegg and you dine with your Master once a Day constantly?
Q. Hath your Master any other Servants ?
Q. Have they their own particular Victuals?
Tees. My Master found them.
Q. Did you dine there on Sunday? Did all those four Men and Maid Servants dine there ?
Tees. I saw them all at home in the Morning. They did not all dine at home that Day.
Q. Will you give an Account where you was on Monday.
Tees. Master had Hop-Kilns, and I wrought them.
Q. Did Pegg work for your Master a Month before?
Tees. He wrought for him, and he liv'd with him seven Years.
Q. How far does this lie from Old Chapel? How many Saddle Horses has he?
Tees. I don't know but of one Saddle Horse, a Grey Horse, I never saw him with any other.
Q. How were you paid about this Time you speak of in 1745. Was you paid by the Day? Was Sunday the Day that you took your Money?
Cheese. My Master was not at home on the Saturday.
Q. Did he desire you to come on the Sunday ?
Tees. We most an end use to come between five and six o'Clock.
Q. Did you bring your Dinner that Sunday?
Tees. No. My Master gave me my Dinner that Sunday.
Q. Did you work all that Week by the Day?
Tees. Yes, I believe I did.
Q. How come you by that Bill?
Tees. We look'd for the Bill when we heard the Indictment was laid against our Master.
Q. How long ago have you had it?
Tees. About a Fortnight. We look'd for the Bill when we heard the Indictment was laid against our Master.
Q. Pray, who told you what was contained in that Bill?
Tees. My Mistress told me that the Day of the Month was in that Bill that he paid me.
Q. Who told you to bring that Paper?
Tees. I did it of my own Head.
Q. Can you tell, whether your Mistress said any Thing?
Tees. I can't tell; without Question she said something.
Q. Do you remember any Thing about it?
Tees. I can't tell.
Q. What had you for Dinner the 30th of June?
Tees. I can't tell what we had the 30th of June.
Pegg. I have nothing to say against him. I wrought for him the Year before last.
Sollicitor-General. When did you come first to work for him?
Pegg. I can't tell. I wrought for him, and liv'd with him five or six Years.
Q. Did you work for him all the Year?
Pegg. I work'd for him the Winter-part, and the most part of the Summer.
Q. Can you tell what Months you work'd for him in?
Pegg. I can't tell all the Months.
Q. Can you tell any of the Months you work'd for him?
Pegg. I work'd for him in February and March, and April, and the Month before.
Q. Did you work for him in the other Months ?
Pegg. I can't tell.
Q. Did you work for him any other Part of that Year?
Pegg. I can't tell the particular Time. I wrought for him in Forty-five; I believe the whole Year.
Q. Do you know where your Master was in the Month of June? Don't you know any part of June where he was?
Pegg. He was at home.
Q. Do you know where he was the 30th of June?
Pegg. The 30th of June was the Sunday.
Q. Who told you that the 30th of June was the Sunday ?
Pegg. I see it in the Almanack.
Q. What Day of the Week was the 28th of June?
Pegg. On a Saturday.
Q. What Day of the Week was the 27th?
Pegg. On a Friday, my Lord.
Q. What do you say of your Master? Do you know any good of him? do you know what he is indicted for?
Pegg. No, please your Honour?
Q. Who desired you to come? Did nobody desire you to come, beside the Subhana? When was it you was desir'd to come?
Pegg. On Monday I was desired to come at Hadley.
Q. Did you see the Subpana ?
Pegg. I could not read it.
Q. How do you know that the Subpana commanded you to come here?
Pegg. Other People told me.
Pegg. Yes, please your Honour, but I don't remember what she said.
Q. Do you know the Colour of his riding Horse?
Pegg. A Grey one.
Q. Do you know where you din'd the 30th of June?
Pegg. I din'd at my own House.
384. William Martin was indicted, and the Indictment sets forth, That he together with one John Brown not yet taken, on the 24th of September , did steal half a Pound of Tea, value 5 s. the Goods of the Company of Merchants trading to the East Indies. Likewise indicted for stealing half a Pound of Tea , the Goods and Chattels of persons unknown, September 14 .
Attorney-General. I am Council in this Prosecution, which you observe is carried on by the East-India Company , who in their publick, as well as private Capacity, are certainly the greatest Traders in Europe. You will find in the Progress of this Trial the Necessity the Company is under, in putting a Stop to the Progress of these Practices. Generally speaking, this Tea, when it comes to be landed, is put on Botolph Wharf; and 'tis necessary to put their Tea into Carts, to be carried to the Company's Warehouses; and 'tis necessary to employ Porters and Carmen. And I think, Gentlemen, on the 14th of September there was a Discovery made of a great Fraud upon the Company; the Fraud was this, the Carmen, when they took the Tea in order to carry it to the Warehouses, they considered how much Money it produc'd, they bored Holes in the Chests; one saw another do it; at last it became universal. The Prisoner, he is an Apprentice to one William Goodman , a Master Carman, he had seen the Carmen playing their Tricks, and he bored a Hole and shook out about half a Pound of Tea. This will be prov'd to you by one of the Accomplices. As soon as he had got this Tea he carried it to a Person that he thought it would be very welcome to. The Indictment is against this particular Person. We will call our Witnesses, and prove the Fact, and you will see it necessary, in order to preserve the Property of the fair Trader, and to do Justice to the Company, you will find no difficulty to prove the Prisoner guilty.
Attorney-General. You are their Officer?
Day. Yes, Sir.
Attorney-General. I think there was an universal Complaint, that the Company was defra uded?
Day. I was in Company with the Constable when he brought the Prisoner at the Bar, as one that was concerned in defrauding the Company.
Q. Who did he mention in particular that gave him the Information?
Jeremiah Maschall . I am the Constable that belong to the Custom house; I saw nothing of the Thing done, but what was took out of the Chest in the Cart; but Roberts voluntarily did confess, that there was a Hole in the Corner of the Chest; they made it large enough to put their Hands in.
Q. Are there not other People absconded?
Maschall. Yes, Sir.
Q. Is this a general Practice?
Maschall. This is a Practice done of late, but I never knew it before.
Richard Roberts . I am a Carman; this William Martin and I was in the Cart together, and we got, I believe, the Value of half a Pound of Tea of the East-India Company; where the Hole was not big enough, we made it bigger, we did not care which so one made it, and we were to share this Tea together, and we sold it an Alehouse for Half a Crown.
Q. Are you sure that Martin assisted?
Roberts. Some run out, and some we pull'd out.
Q. Who had the Money?
Roberts. He had Half, and I had Half.
Attorney-General. Was this an Invention of your own, or was it from seeing other People do it?
Roberts. Seeing how several other Carmen did it, we did it; it was a general Practice for the value of two or three Days, or a Week, it might be; and we thought we might as well do it as others.
Q. Did you break the Hole on purpose to get the Tea out.
Roberts. We had broke it on Purpose to get the Tea out.
Court. As I understand, there was some little Holes in the Chest that some Tea did drop out, did this Half-Pound come out with a Hole made, or did it drop out before?
Roberts. Some might drop before, and more afterwards.
Court. Do you expect any Reward for this Evidence?
Roberts. No, Sir; I came as an Evidence of my own accord.
As the principal Witness against the Prisoner was the Accomplice, and hoping it was the first Fact, he was only ordered to be whipp'd .
Sarah Hichman was indicted for stealing one white Satin Night-Gown, with silver Robeings, value 5 l. one full Suit of black silk Clothes, three Rings, viz one mourning Ring white enamell'd, the Name James Parsel , &c. the whole value 24 l. the Goods of Thomas Cotton , Merchant .
The Prisoner was first apprehended at Lynn by virtue of an Advertisement, where she was discovered putting off some of these Things. The Prisoner had lived a Servant in a noted Jew's Family, and Mr Cotton had a good Character of her; she was a very genteel Person, and Mr Cotton and his Lady were much pleased with her; but she was not in their Service above three Weeks before she committed this Robbery; she was intended for Transportation, but there was Application made to the Court by her Friends, who promised to transport her themselves; so that she was burnt in the Hand .
386. Jane Ellis was indicted for stealing, on the 22nd of September , one Hat value 12 d. one short Cloke value 12 d. the Hat the Property of John Goodchild , and one short Cloak the Property of Eliz Best , Widow .
Goodchild. The Prisoner came up on the 22d of Sept. into my Kitchen, and took out these Things; I was gone down to fetch some Coals, and when I came up, she had these Things in her Apron, and she told me she wanted to speak with my Maid; I said I did not keep a Maid; she had them in her Apron till I called my Husband up.
Guilty to the Value of 10 d.
Kemp. I live at Tower-hill; I lost a Remnant of Long Lawn the 24th of Sept. last.
Q. What time of the Day did you lost it?
Kemp. I can't say directly the time, but I believe it was about two o'Clock; there were two People came into my Shop; I have seen the Prisoner several times, and the Person that was with her, as far as I know, upon the same Errand; while I was stepp'd aside, to change some Money for a Neighbour, in the interim, I apprehend, this Person conveyed this Remnant of Lawn under her Cloke; when I came back from the Cash, she was not gone; I received from her, and her Companion, two or three Shillings for Goods that they bought; my young Man was on the Stairs looking over them; he goes to the Desk and writes me a Line, that the young Woman, the Prisoner, had taken something from the Counter, or out of the Window.
Q. Did he say where she put it?
Kemp. He said it was in her Pocket, or under her Cloke; when they paid me, I let them go out of the Shop, and I said, are you sure they have stole any thing? He said, I am positive they have; upon that I called her, and she came back.
Q. Did you search her?
Kemp. I got her into the Shop, and she dropp'd the Lawn at the Door; I did not see her drop it myself; I charged her with taking of it; she seemed at first to deny it, but afterwards confess'd it, and hop'd I would forgive her; she acknowledged she did take it, before several People, and this Lawn I know to be my Property, but I can't swear I saw her take it; or see her drop it.
Prisoner. The Gentlemen says it was Noon, when it was Evening.
Q. Did you see her go out of the Shop?
Lassen. Yes, my Lord, and I ran after her and call'd her back. She seem'd to feel in her Pocket, as she came along, as if she had a Mind to drop it, but I did not see her. She at first deny'd it, but she afterwards seem'd to own it, but said, if he would forgive her would never play such Tricks afterwards.
Hannah Bond . I did not see the Prisoner take any Thing, but I saw her drop something; I thought it was an Handkerchief; I am sensible it was her that dropp'd it. I took it up and gave it to Mr Kemp. She dropp'd it upon the Step going in at the Door.
Prisoner. When I came back I said, you may search me, if you please. He said, if I would pay him for the Long Lawn he would discharge me,
Kemp. I said, if you would give me an Account of the Long Lawn that was stole by your Partner, that cost me 4 l I would discharge you.
William Gould , I have known the Prisoner fourteen or fifteen Years; she always liv'd with her Father, who is a Waterman, and she has always had an honest Character. She has been at my House divers of Times, and a Month at a Time, and I never miss'd any Thing.
Q. What are you?
Gould. I am a Goldsmith in Foster-lane.
Guilty to the Value of 10 d .
388, 389, 390, 391.
John LAMB , late of the Parish of St Andrew Holborn , London, Sexton ; William Bilby , late of the same, Grave-Digger ; John Chandler , late of the same, Labourer ; and Charles Hooper , late of the same, Labourer , were indicted; and the Indictment sets forth, that they, on the 22d of September last, from the Parish aforesaid, did steal away one Hundred Weight of Lead, value 13 s. the Property of Persons unknown.
Council. My Lord, and you Gentlemen of the Jury, This Indictment, against the Prisoners at the Bar, as it imports, upon the reading it, is nothing more than a common Felony; but when the Circumstances of this Case is laid before you, you will find it to be a Crime very uncommon, and very inhuman; 'tis for breaking open the Graves of the Dead, and stealing from thence the Leaden Coffins, in which they are deposited by their Friends. The most hardened at this Bar have some Remorse, some Awakenings, at the Sight of a dead Person; but these People were so far gone in their Villainy, that they attempted to break in upon the Graves of the Dead, and chose that Scene which to all other People would be Matter of Horror and Remorse. I suppose, they were tempted to do it, from that Thought, that the stealing from the Dead was a less Crime than stealing from the Living. They proceeded from one Theft to another, till at last they grew so barefac'd that their own Actions brought this Matter to light. The Defendant John Lamb is the Sexton, William Bilby Grave -Digger; John Chandler and Charles Hooper , were other Persons hired by them, to the Commission of that Theft. You will observe, that Leaden Coffins required Assistance to move, therefore they were forc'd to apply to other People. As for Lamb the Sexton, he has the Command of four Persons in that Parish, who were the common Bearers, therefore he engag'd them in the Service, as being in the Service of the Parish; but that was not sufficient, they wanted more help, therefore Bilby was to take his Share, and he hires the two other Defendants John Chandler and Charles Hooper for their Assistance. The Place where the Theft was committed is a Vault in the Parish of St. Andrew, Holborn . Though they have been, for some time, concerned in this Practice, they could not have many Opportunities of committing Thefts of this Kind; their only time was upon the occasion of Funerals, when the Vault was not closed up till the next Day; that was the time they took away these leaden Coffins. As this could not be very frequent, Lamb and Bilby together laid a Scheme how they might carry off greater Quantities; there was an Accident that gave them a better Opportunity for executing their Scheme: It seems some Water had drained into this Vault, Lamb thereupon applied himself to Mr Barton, Rector of the Parish, to have a Hole made, for this Drain to run off; Mr Barton gave no ear to him; he thought it improper to disturb the Coffins, therefore he refused it; Lamb made a second Application; upon that he sent for his Bricklayer to inspect into the Vault; and, upon his making the Report that there might be Means made use of, he did consent, and gave Orders to his own Bricklayer to make a Hole in the Side of the Wall for that Purpose, and the Hole was accordingly made; the Defendants immediately laid hold of this Opportunity; this Hole is but of a very short Date, in the beginning of September; upon this they frequently went to work, and through the Hole of this Vault, they dragged out the dead Bodies and the Lead; but it was soon discovered by the Constable, who seeing a Light in the Church in the Night-time, he began to suspect there were some evil Doings in the Church; therefore he resolved, the 22d of September, to go to the Church and enquire; accordingly, about one o'Clock in the Morning, he went to the Church; as soon as he came to the Door, Bilby the Grave-digger opened the Door but absolutely refused to let the Constable in, but let out the two Defendants, Chandler and Hooper,
Gentlemen, The Punishment attending this Crime is not a Capital one; it is a Felony within the Benefit of the Clergy. But, Gentlemen, I can't help taking Notice to you, that in Lord Coke, almost the only Instance that can be found in Law-Books where this Felony was committed, and he had the Benefit of the Clergy: '' Thus, says he, he escaped the '' Sentence of Death, which he richly deserved for '' his Inhuman and barbarous Felony.''
Council on the same Side. There will be no occasion for us, who are concerned in behalf of the Prosecution, to say any thing by way of Aggravation of the Crime for which the Prisoners stand indicted, the bare mentioning it must strike every one with Horror. I will therefore only add a single Word, in order to warn you from those Notions which some hard-hearted Men have imbibed upon this occasion, that as this Fact was committed on dead Bodies, which knew it not, and which were never the worse for the Robbery, it is great Mitigation of the Offence. But give me leave to assure you, 'tis an Offence and Robbery upon the living. The last Office we can pay to the Memory of a Father or Mother, or any near and dear Relation, is to furnish them with a decent Funeral, that their Bones may lie quiet and undisturbed; and for this we put ourselves to an Expence, and that Expence is often carried into Extravagance, and we receive a Satisfaction from the Thoughts of having so done; if therefore a Robbery is committed of those Things which we purchase at an Expence, for the Sake of this Satisfaction, such as Leaden-coffins, or the like, it is an Infringement upon that Satisfaction, and the Robbery is committed upon us. The Custom of decent Funerals has prevailed in all Ages, and among all Nations, and had it no other Recommendation than the bare employing such a Number of People in it's different Branches, as it does, it ought to be supported. And I am sure, did I want to aggravate the Crimes of the Prisoners, it might easily be done by putting you in mind, that they all of them had no other Way of getting their Bread, than by attending and carrying into Execution, those Rites and Ceremonies which the Decency and Solemnity of a Funeral must require.
Q. Do you know the Prisoners at the Bar, or any of them?
Council. Tell us what happen'd on the 22d of September last?
Chauncey. Upon the 22d of September last, between the Hours of ten and eleven at Night, when I came to go down to the Watch-house there were a very great Mob before the Church-gate, and there were Lights in the Vault, and Lights in the Bellfrey of St Andrew's Church, Holborn. I dispers'd that Mob, and sent them about their Business. There was another, and I dispers'd that; and so the Third. Upon that I thought it was not upon a lawful Occasion they were there, and I try'd to get into the Church. One of the Watchmen told me, that he would give Bilby sixteen Pounds for the Share he would make of the Lead this Week. I try'd, my Lord, to get into the Church, by talking to Bilby, and giving him good Words, but I found I could not. I saw him go in and out of the Gate several Times. I saw Hooper and Chandler also come out.
Council. You never saw Lamb.
Chauncey. I never saw Lamb that Night. Bilby told me, he would let me in by and by, when it was proper.
Council. Did you see him come out of the Church?
Chauncey. I saw him open the Door. I saw Chandler, Hooper, and Bagwell, come out with a Load of Lead upon their Shoulders.
Council. How great a Quantity might it be?
Chauncey. I believe there might at least be altogether
Council. Do you think it was Pieces of Coffins they carried.
Chauncey. I am positive it was Pieces of Coffins. I said to Bilby, you have used me ill, now I will proclaim open War against you. So when these Men came back, Chandler, Hooper, and Bagwell, I took them to the Watch house; and Chandler and Hooper declared, they were employ'd by Bilby to carry the Lead out of St Andrew's Church into his own House.
Q. Did they at that Time say, whether the Coffins had been cut?
Chauncey. I did not ask them any Questions about it when I took them down the Watch-house. When I examin'd them they said, they were employ'd by Bilby. I went up to Bilby's House, and said to him, If you don't give me Satisfaction of what the Men have been about, I will commit them to the Compter. So Bilby said, he work'd under the Instructions of Mr Lamb; and he said, he would go and fetch Mr Lamb; and they came together down to the Watch-house.
Council. About what Time was this?
Chauncey. This was about two o'Clock; they came to pass their Words for these Men.
Q. Did you take their Words?
Chauncey. No, not at all. Mr Lamb then pretended, he had his Orders from Dr Barton, a verbal one. As I was about to carry these People to the Compter I was afraid of doing any Thing that was not right, I sent a Person to Mr Lamb, and he begg'd for God's sake that I would not commit the Men, but that he would take a Bottle with me, and make up the Affair. Alderman Gascoyne was busy, that I could not have a Hearing that Day; but the next Day we had a Hearing before Alderman Ironside, where they confess'd the carrying of the Lead.
Q. Did they all confess the carrying the Lead out of the Vault?
Chauncey. I can't say that Bil by did. Mr Alderman granted me a Search-Warrant, and I went into the House of Bilby the Grave-Digger; there I saw forty-four Pieces of Lead.
Q. Did you find any Thing besides Lead?
Chauncey. There was a few brass Handles, and as many Coffins cut to Pieces as would fill a common Rubbish Cart.
Q. Was you at the Searching of Lamb's House?
Chauncey. Yes, and I found in the House of Lamb the Sexton fifteen Pieces of Leaden Coffins, and two Coffin Plates with Inscriptions.
Q. Are you sure the Lead, found at Lamb's House, was Coffin-lead?
Chauncey. Yes, I am certain of it very well, for it stank enough to knock one down.
Q. Was you present at the Examination of Lamb ?
Chauncey. That was before my Lord Mayor at Guildhall; that was the Monday following; Lamb confess'd, that that Lead that was in his House, was Leaden-coffin, that was taken out of the Vault of St Andrew's.
Q. Did Bilby say what became of their Bodies?
Chauncey. He said, he paid 9 s. for the digging the Hole in the back part of the South-side of the Churchyard, where they put the Bodies after they had taken the Coffins from them.
Council. St Andrew's is in the Diocese of the Bishop of London is it not?
Chauncey. I am sure I am Constable of London, but I don't know whether that is in the Diocese of the Bishop of London.
Q. Why did not you take Lamb into Custody at the same time?
Chauncey. I thought I could have him at any time.
Council. Can you recollect what Authority he said he had for doing what he had done?
Chauncey. He said he had a verbal Order for what he had done, but he did not say exactly what it was.
Q. Was you with Mr Lamb?
Bagwell. I was with him at St Andrew's Holborn.
Q. Was Mr Lamb, Bilby, Chandler, and Hooper, all with you?
Bagwell. Mr Bilby, but I can't be positive whether Chandler was or not; Mr Lamb was there during some part of the Night; I can't speak justly, but I believe it was about nine o'Clock.
Council. Now give an Account how you came down?
Q. Was you hired by any body that Night?
Court. I desire to know what Lamb said when he came down?
Bagwell. He did not speak a Word to any of us; I heard his Tongue as he came down, but I can't say what he said.
Q. What was done to these Leaden-coffins?
Q. Where did you come at that Lead, did you break the Leaden-coffins open?
Council. Are you sure you never saw a Coffin broke open?
Bagwell. I never saw a Coffin broke up; I saw one cut after it was broke.
Q. How many times did you go to Bilby's House with Lead?
Bagwell. I went four times, and one time I had a Load more than I could well carry; Bilby help'd us up with it often, and it was by his Order, and unto his House.
Q. Where was Mr Lamb all this time?
Bagwell. He was in the Porch when they were carrying off the Lead.
Q. What said Mr Lamb to Mr Bilby?
Bagwell. He call'd Bilby a drunken Dog and the like, and said his Men did not work fast enough; they wanted Encouragement.
Q. Did you see the Lead doubled up?
Bagwell. No, Sir, I don't remember that.
Q. Did you see a Knife or any thing?
Bagwell. I saw an Ax.
Q. Did you see any thing done with that Ax?
Bagwell. Yes; I saw a Corpse taken out of a Leaden-coffin by William Bilby and Chandler, and Lamb was in the Vault when the Corpse was taken out; I was one myself that help'd to carry the two Shells into the Churchyard, William Bilby ordered me to carry them there, and I knew the Place was dug for them in the Afternoon.
Court. After the Corpse was taken out, who did you see cut the Coffin ?
Q. Did you hear any body order him to do it?
Bagwell. I can't say, the Body was taken out.
Q. Was Lamb by when the Body was taken out?
Bagwell. Yes, as far as I saw, he was present at every thing.
Council. By what Way did they get these Bodies, and Lead, out of the Vault ?
Bagwell. There was a Place made on purpose that any Person might get through, a Hole, or Doorway, where a Man might walk to his full height; it was the common Door of the Vault that fronts Holborn, that was the Way the Lead was all brought out.
Prisoner Bilby to Chauncey the Constable. Ask him whether I deny'd him going into the Church.
Chauncey. He directly deny'd me at the Churchyard-Gate.
The Prisoners Chandler and Hooper desir'd to know, How often he saw them carrying Lead away?
Chauncey reply'd, He saw them but once a piece.
Court to Bilby. Will you ask Bagwell any Question?
Bilby. Ask him what Lamb said to me?
Bagwell. He said you was a drunken Dog, &c.
Chandler and Hooper desir'd the Evidence might be ask'd, What they had for their Night's Work?
Bagwell's Answer. We had four Quarts of strong Beer, Bread and Cheese, and a Halfpenny I run in trust at the Alehouse, and I believe that Man had a Groat too.
Q. How much Ale had you?
Bagwell. We had four Quarts of Ale in all, besides two Bottles of small Beer, and some Bread and Cheese and Onions.
Q. What then?
Bagwell. Please ye, my Lord, when we were charged with the Constable we had but a Trifle, and Bilby put his Hand into his Pocket, and gave us a Shilling; I think he gave it to Hooper.
Council to Richard Dew. Have you any Office at St Andrew's, Holborn.
Dew. I am a Bearer at St. Andrew's.
Council. Has Mr Lamb, the Sexton of the Parish, any Command over you?
Dew. Yes, Sir, he always has a very great Power over us, he and Bilby together.
Q. Do you remember your being in this Vault on 21st or 22d of Sept.
Q. From what Hour was you there?
Dew. I was there from eight or nine at Night the 21st of Sept. till one or two in the Morning of the 22d.
Council. During the time you was there, who else was there?
Dew. The rest of my Partners Simpson and Hall.
Q. Did you see Lamb at that time, and Bilby, Chandler and Hooper?
Dew. Yes, Sir.
Q. By whose Order was you there?
Dew. By Mr Lamb's Order.
Q. Did he tell you for what Purpose you was to be there?
Dew. To clean the Filthiness and Nastiness of the Vault, and to move some Coffins that wanted moving.
Q. When you went first into the Vault did you see any Lead at that time ?
Dew. We took some of the Coffins down, and some fell down.
Dew. Mr Lamb's Son did it, and I help'd him; we cut some to pieces that were whole one's before.
Q. By whose Orders did you do it?
Dew. By the Order of Mr Lamb the Prisoner at the Bar.
Q. What became of those?
Dew. One part was carried to Mr Lamb's House, and the other to Mr Bilby's House, I am very sure of it, for I carried part of it.
Q. Did you cut more than one Coffin?
Dew. More than two or three, but all were cut by Lamb and Bilby's Order.
Q. Did they agree about the Division of these Things ?
Dew. No, a great many Oaths and bad Words pass'd about the Lead.
Council. Describe to the Court which Way you went into the Churchyard in order to go into the Vault?
Dew. Mr Lamb had the Key of it, and he opened the Door and let us in?
Q. At which Door?
Dew. The Door next to Holborn, it was between eight and nine.
Council. Pray how far is the Watch house from the Church-gate where you went in?
Dew. About an hundred Yards, if not more.
Q. Can you tell whether the Watch was set when you went in?
Dew. One Night it was set, and another Night it was not?
Court. Was you in several Nights?
Dew. Several Nights by Mr Lamb and Bilby's Direction, and cut Coffins to Pieces, and carried them off three Nights successively, before they were taken up.
Q. When you was in the Church, did one Candle do for you?
Dew. We had a great many Candles; Mr Lamb brought a Pound or two.
Q. Do you know any Thing of digging the Hole where the two Shells were carried to?
Dew. I know nothing of digging the Hole till I went there and I carried something.
Q. Where abouts was that Hole dug?
Dew. In the Back-part of the Church-yard.
Q. Can you recollect what Bigness the Hole was of?
Dew. It was larger than some Graves are dug.
Council for the Prisoner. Did you hear any Person give Mr Lamb any Orders concerning the Vault?
Dew. Yes, I was with him, and heard the Orders given the Friday before the Night.
Council. Who was that Person who gave Mr Lamb the Orders?
Dew. Mr Barton; I heard him order Lamb to take the Filth and Nastiness away, and put the old Coffins where Lamb and Bilby thought proper.
Q. Was any Reason given for removing them?
Dew. No Reason, only to clear the Shore that comes through the Vault.
Council. Did you understand the Coffins were to be removed for good and all?
Dew. No, to be sure, but till the Shore was cleaned that ran through the Vault, and then to be carried back again.
Council for the Prisoner. When the Order was given Lamb, did not Lamb desire a Faculty to come into the Vault?
Court. Do you believe the Bishop of London would grant a Faculty to cut Coffins to pieces ? Sure this is monstrous Behaviour, to throw Dirt on a Gentleman without any Sort of Proof.
Council for the Prisoner. I must follow my Instructions, and will not go from them.
Court. Let your Instructions be what they will, a Gentleman is not to be aspers'd without Proof: When you prove it I will believe it.
Council for the Prisoner. Did not you hear Mr Barton say, he might take the old Coffins away?
Court. Did you hear him bid him open the Coffins and take the Lead away? or, hear him say, He might take the Lead home ?
Dew. No such Thing. He said, that as soon as the Vault was cleaned he should put the Coffins in their Places again.
Council. Did you only understand this to be the Meaning of Mr Barton's Orders ? Or did you hear Mr Barton give the Order?
Dew. I heard Mr Barton bid him put them in their Places again when the Vault was cleaned.
Council for the Prisoner. You say, he told them to take the Coffins, and put them where Lamb and Bilby thought proper, and bring them back again. Then you don't know of any particular Place provided for them?
Dew. Yes, there was a particular Place to be sure. The Vault was full. Bilby and Lamb both told Mr Barton the Wall was but a Brick and half thick, whereas it was three Bricks thick.
Council. Had the Coffins you cut to pieces any Plates upon them?
Dew. There was no Plate upon those I carried to Bilby's; but I believe Mr Lamb had a Basket that he put them in.
Simpson. Yes, I know them all.
Council. Are you one of the Bearers in the Parish?
Simpson. Yes, Sir.
Q. Was you with the Prisoners in the Vault?
Simpson. I can't say the Day of the Month; it was on the Monday Night; I was in the Vault with Mr Lamb and Mr Bilby, and the rest of the Bearers, there was Chandler, but he was nothing with us.
Q. Who bid you go there?
Simpson. Lamb told us to go there, to make a Movement in the Vault; to move Coffins to come at the Druin, that was stopp'd, in order to clean it.
Q. Were they wooden Coffins, or leaden ones?
Simpson. They were wooden, a great many of them, and many were rotten, and fell to pieces. I saw some of the Leaden Coffins cut to pieces by Mr Lamb's Son, which was by his Father's Direction. I saw three or four Coffins cut up. Mr Dew help'd to cut them up. The Lead was cut and carried to Mr Lamb's House. I carried some; he ask'd me to do it. All the Bearers carried some, and I carried some three Times. I never went but once of a Night, when we left off Work.
Q. Were there any Danger of these Coffins droping to pieces, if they were not cut?
Q. Do you know of any Quarrel between Lamb and Bilby?
Simpson. There was Words arose between Lamb and Bilby about removing; Bilby said, he was robb'd of some of the Lead that he claim'd a Right to.
Q. What had you for the doing of this?
Simpson. Nothing at all.
Q. Was you ordered to do this as a Secret?
Simpson. There was no Secret at all in it.
Council for the Defendants. It is laid in the Indictment to be the Property of Persons unknown. I would submit it, Whether the Executors and Administrators are not known ?
Lord Chief Justice. I must only tell you in general, it is not the Property of your Clients. I am very doubtful whose Property it is, because the Executors and Administrators are not known, &c.
William Conduit . I am a Bricklayer; Mr Barton sent for me on Friday the 11th of September, and told me, that he had great Complaint made by Mr Lamb of a Stoppage of the Drains in the Vault, so that it lay to the Mid-leg in Water; and that Lamb had told him, it could not be cleaned, without making a Hole in the Wall. Mr Barton directed me to go and examine it, which I did, and found it was as Mr Lamb had said, for the Drain which runs through the Vault was stopp'd, and I measured it, and found it was eighteen Inches deep in Water and Dirt, and that it could not be cleaned without removing some of the Coffins, and that it could not be done without making a Hole in the Wall; which he directed me to see done and gave me particular Orders that my Workmen should behave decently and soberly, and give no Offence.
Q. to Ireton Clark. What are you?
John Knowles . I am for John Chandler , I have known him a great many Years, he has work'd for my Father and I. He has been in our Family this twenty Years, till lately always bore the Character of an honest Man.
John Hill. I have known the Prisoner Hooper ten or twelve Years, and I never knew any Harm by him.
Q. What Character has Hooper?
Robinson. A good Character.
The Court, in summing up the Evidence to the Jury, observed to them, among other Things, That if any Thing could aggravate the Guilt of the Prisoners, it was their endeavouring to throw Dirt upon an innocent Man, who bore as good a Character as any one of his Function, or as any Gentleman in England. But as it generally happens to a Man of Honour, when falsly accused, there was not the least Proof to support these unjust Reflections; for it appear'd from the Evidence, that the Orders Mr Barton gave were necessary and right; and that he was so cautious, as to recommend it particularly to the Workmen to behave decently and soberly, whilst they were in the Vault.
392. Robert Germain was indicted for stealing, on the 19th of Sept . in the Parish of St Botolph, Billingsgate, one Pound weight of Tea, value 10 s. the Goods and Chattels of the East India Company , and against the
- Roberts. I saw the Prisoner several Times breaking Holes in the Chest. He used to make Holes and stand at the Side of the Cart, and let it run out into his Cap or Hat, then he would put it into his Pocket. He used to make a Practice of it commonly. He had no other Employment.
Guilty to the Value of 10 d.
393, 394. + Hosea Youell and Jacob Lopez were indicted, and the Indictment sets forth, That they not having the Fear of God, and being moved by the Instigation of the Devil, on the 23d of September , did make an Assault upon Joseph Johns , and with a certain Sword did strike or stab, and give one mortal Wound, the Breadth of one Inch, and the Depth of nine Inches, of which Wound the said Joseph Johns died .
Grindal. Upon Wednesday the 23d of September, between the Hours of ten and eleven at Night, I was desired to come to a Gentleman that had been robb'd and stabb'd in the Body.
Q. Where was this?
Q. Was he dead when you came?
Grindal. No, he liv'd for two or three Days after. I found there was a Portion of the Sword left in his Body, about half an Hand's Breadth below the right Breast?
Q. What Sort of Wound had he receiv'd ?
Grindal. A small Wound that was not big enough for my little Finger to go in; the Sword stuck so fast in, that it was with great Difficulty that I got it out. I imagin'd that it pass'd through the Liver, by the Symptoms he had afterwards, and I believe it be the Occasion of his Death.
Q. When did he die?
Grindal. On Saturday in the Afternoon. I attended him twice a Day.
Q. Had he any other Wound?
Grindal. He had a small Wound upon his Nose but of no Consequence at all. When I took the Sword out it was nine Inches long, it was buried; we were forc'd to enlarge the Wound to get it out.
Q. When you came first to him, did you think him to be in danger ?
Grindal. When I felt the Sword, I did conclude the Sword was within side of the Body, but without side of the Rib.
Q. Did you ever tell him, that he was in danger of Death?
Grindal. He said he was not a bit afraid of Death; and he desir'd I would tell him.
Q. When he thought himself in danger of Death, what did he tell you then ?
Grindal. He told me, he was coming up Sandwich-Court between ten and eleven, and two Men, whom he imagin'd to be Jews, met him.
Court. It was not light enough, I suppose, to see them?
Grindal. He said, he could see the Colour of their Clothes and Stature. He first said, there was a Woman at the Corner of the Court, that ask'd him to give her something. He did not stay to speak to her: but when he came from the Woman they attack'd him, and took his Watch and Money from him. He let them go off quietly, but hearing some People coming towards him, he found he had the Prisoners between these People and himself, and he thought it proper to take one or both of them, and he cry'd out, Stop Thief. Upon which one of them return'd and gave him this Stab in the Body.
Q. Did he describe to you, what Man it was that gave him this Stab in the Body?
Grindal. He told me, it was one of the Men that robb'd him.
Q. Was it dark?
Grindal. There were Lamps light enough for him to see the Persons; and he told me, if he was to hear the Person speak again, he believ'd he could swear to the Man, there was something so particular in his Speech.
Q. Were they brought before him?
Grindal. They were, but I was not there.
Council for the Defendant Lopez. Mr Grindal, did Captain Johns describe the Heighth of the Persons ?
Grindal. Yes, Sir, he said one was a tall Man, and the other a short Man. I think, he said, a tall Man and a short Man, but I cannot charge my Memory with it, I am not positive to it.
Q. When did you go first to see him?
Love. The first Time was on Thursday Morning. I went four Times in the whole.
Q. Which was the other Time?
Love. On Friday, my Lord; and I was twice with him on Saturday. The Occasion of my going on Saturday Morning was, as I was going by the Constable's Door he calls me into his Shop, and he said, that the Rascal had surrendered himself at the Poultry-Compter that we were in pursuit of. He said he could not go to the Compter, but I went, and when I came
Q. Which was this?
Love. It was Hosea Youell . When I was at the Compter he came to me, and I ask'd him, What he knew of this Murder? He said, he should know the Sword. I thought it would not signify for me to talk further with him, so I went and acquainted Captain Johns with it.
Q. Did he say he should know the Sword?
Love. Yes, he said he should know the Sword.
Q. When you was with Captain Johns on Saturday Morning, how did appear to be?
Love. He spoke very hearty, but he said, he believ'd the Sword had gone through his Liver; and he believ'd he should die. I told him, the Man that we had been in the Pursuit of, which I believ'd was the Person, had surrender'd himself at the Compter. I ask'd him, if he should have any Knowledge of the Man, if he should see him? He said, he believ'd he should. I ask'd him, If he was willing to see him? I stay'd a little after this, and ask'd him again, if he was willing to see him, now Alderman Rawlinson had been so good to examine this Person? So he said I might bring him to him. When I came the Marshal had taken him. When I came, to Youell I sends both our Beadles to Alderman Rawlinson, and he came presently. When he came there Mr Chattam, Clerk at Guild-hall, he came along with him. When we came up Stairs into the Room, the Alderman there, and every Thing was still, the Alderman ask'd Captain Johns, if he knew the Man? He look'd at him, and says, That is the Man that stabb'd me.
Q. Which did he look at?
Love. There was only Youell there. Lopez was below.
Court. When he said so, I suppose he gave some Reasons for it.
Love. He was ask'd, if he knew the Man? And he said, that was the Man that stabb'd him. The Alderman walk'd to his Bedside, and said, You are a dying Man, I hope you will have a Regard how you speak. He said again, he is the Man that stabb'd me. With that Youell look'd Joseph Johns in the Face, and said, Do you know me?
Q. I ask you; before the Deceased said, That is the Man that stabb'd me, had Youell spoke before that?
Love. He had not spoke before that, my Lord.
Court. He said before, he should know him by his Speech; did he give an Account how he came to know him?
Love. I heard that Youell was with him before.
Court. You say, when Youell look'd at him, and said, Do you know me? He answer'd, You are the Man that stabb'd me.
Love. Yes, and Mr Chattam, the Clerk, took down what the Deceased said, who repeated over and over, You are the Man that stabb'd me.
Q. Did Youell make any Answer?
Love. He made no Answer at all.
A further Examination of Joseph Johns , taken before me, on Sept. 26th, signed Tho Rawlinson . '' This '' Examinant further faith, That the Person present, '' who says his Name is Hosea Youell , is one of the '' Persons concerned in robbing, and the very Person '' who stabb'd this Examinant, to the best of his '' Knowledge and Belief.''
Q. Was there any Thing more pass'd at that Time?
Love. No, he dy'd in about fifteen Minutes after his signing that Paper.
Q. Was he in his Senses?
Love. He was in his Senses as much as any one in this Court. When Youell came down, before the Alderman, he declared he was not the Person that committed the Murder, but he was within twenty Yards of the Place when the Robbery was committed.
Q. How came you to suspect Youell?
Love. On Thursday Morning I heard of this Robbery committed so near me, I was going along by the Corner of the Dolphin Gate there was a Crowd of People, and a Woman in the midst of them; and they said, there was a Woman there that knew the two Men that had committed the Robbery and Murder, so I ask'd the Woman -
Q. Do you know her Name?
Love. Her Name is Eliz Delahughes.
Q. What did you ask her?
Love. She was in Liquor, but I saw the Constable just by, and I charg'd the Constable with her, and had her to the Compter; this was on Thursday Morning. After we had her kept two or three Hours in the Compter she began to come to herself, and she said, she knew their Haunts, the bad Houses and Places where they use to reside. She said, she saw Lopez come into the Court at that very Time.
Q. Did she say nothing of Youell?
Love. I can't say.
Chattam. No, I was not with him the first time.
Q. I ask you what the Deceased said to Youell while you was there?
Chattam. I ask'd the Deceased in Bed, if he knew the Prisoner that was before him? and he said, he
Q. Did he say this once or twice ?
Chattam. He said it two or three times over; he said it to me when they were all gone out of the Room he desired me to stay.
Court. The other Witness says, that Alderman Rawlinson put him in mind that he was a dying Man, and he desired him to mind what he said ?
Chattam. Yes, my Lord.
Q. After that did he say any thing ?
Chattam. Yes, my Lord, he repeated it afterwards.
Q. Did you hear the Prisoner say any thing ?
Chattam. The Prisoner said in a very hasty manner, Are you sure I am the Man ? he answered, You are the Man. I ask'd the Deceased, How he was so positive to the Man? he told me, There was a Glimmering of Light from the Lamps that he could see pretty well.
Q. Who was by when he said there were Lights from the Lamps?
Chattam. This Witness, Love, was gone down then; and he said, he could know him from his Voice too; the Deceased took hold of my Hand, he found he should not live long, and he desired this Man might be brought to Justice; and if his Watch was found, that it might be given to a Person that was then in the Room; then I went down to the Alderman.
Q. When you went down, what did Youell say?
Chattam. When he was told that the Captain was dead, he was struck with Horror, and desired to be admitted an Evidence. The Alderman asked what he had to say? He said, he was not the Man that stabb'd him, that did the Murder, but it was one Hart.
Q. What did he know of it did he say?
Chattam. I don't know whether he quite confessed he was guilty of the Robbery, but wanted to be admitted an Evidence.
Q. Was Lopez never up with the Deceased?
Chattam. No, my Lord, they described him as a tall Man; and he said the other Man that was concerned with Youell was about his size, therefore the Deceased would not see him.
Q. Was Mr Love in the Room when he said that?
Chattam. I believe they were all in the Room.
Q. Where was the Sword found?
Chattam. It was found in the Court where the Captain was stabb'd.
Q. Where is the other Piece, does that tally with it?
Chattam. Yes, my Lord. [both were produc'd in Court.] When the Sword was shew'd to Youell at the Inn, he was then Handcuff'd, and he desired they might be taken off before he would speak; he was ask'd if that was not his Sword, and he look'd at it, and prevaricated pretty much, and said that his Sword was a little thicker and blacker; I believe that was all that he said.
Q. You say he prevaricated pretty much, so I presume he did not own it was his Sword, Did he deny that it was his Sword?
Chattam. No, nor he did not deny it, but said that his Sword was a little thicker.
White. Yes, my Lord.
Q. Do you know the Prisoner Youell?
White Yes, my Lord, by sig; I have seen him backwards and forwards in Gravel-lane for this half Year; I work there.
Q. What Business does he follow?
White. He is nothing; he lives at a slender way; he never works for his Bread. I live in Fo-street; I work in Gravel-lane with one Mr Thompson, where I have work'd for these three Years. On the Friday Morning before this Gentleman was stabb'd, I was going to my Work between six and seven o'Clock, and as my Master and I were talking, Youell comes by with that very Sword, he stood by me and play'd with it, he had abus'd a Gentlewoman just before.
Q. Are you sure or not sure that Youell had that Sword in his Hand the Friday before?
White. My Lord, I took particular Notice of it.
Q. Did you talk with him?
White. Mr Ballard did talk to him; he said What, young Man, are you upon your guard; are you afraid the Constable will serve a Warrant against you for abusing the Woman? Then he said, Why do you carry that Sword? then Youell said, I want to have it made into a Tuck.
Court. Then you had Talk with him about the Sword a pretty while; on Friday you saw the Sword, and on Wednesday Night the Fact was committed; had you any discourse with him after the Fact was committed ?
White. Yes, on the Saturday Night.
Court. That was after the Gentleman was dead?
White. I had some Discourse with him after he came down from the Gentleman; I tax'd him with the Thing; I was left Centinel over him at the Dolphin.
Q. What did he say to you?
White. He said he was not the Man that stabb'd Mr Johns, but he said he was within twenty Yards of the Place, and a Dutch Boy had the Gentleman's Watch, that is, Hart the Jew, a Dutch Boy.
Q. Did he say who it was that stabbed the Deceased?
Q. How came you by the Sword?
White. When they told me of this Murder and Sword, I heard this Sword was dropp'd in the Court, and I went to see the Sword; the Gentlewoman had it that belongs to the Pork-shop where the Gentleman was carried in.
Council. Was you at any time in the Bail-dock with the Prisoner ?
White. I went Yesterday just within the Door.
Council. Did you not say, That if he, or his Mother, would not give you a Guinea, you would swear away My Life; and was you not turned out?
[ The Prisoner said that White should say, he would swear by his Life, unless he would give him a Guinea Abraham, one of the Servants at Newgate, was call'd into Court, to know if he did not turn out White the Witness, from the Prisoner? he answered that he did, but he did not mind what Words pass'd]
Hogskins. In Sandwich-court; I saw the Sword pick'd up just after the Gentleman was wounded.
Q. Do you know any thing more; do you know any thing against Youell and Lopez?
Hogskins. I heard the Gentleman say it was a little Man that stabb'd him; he said there was two of them together; I was the first that came to his Assistance.
Q. Did he speak any thing about the Stature or Size of the other Person?
Hogskins. No, I did not hear him.
Richardson. My Lord, I took Youell before the deceased Capt. Johns, to see if the Captain knew him.
Q. Which Day?
Richardson. On a Saturday, my Lord.
Q. Did you carry him up into the Room before the rest came?
Richardson Before the rest came, my Lord; and when Yo uell came into the Room, the Captain ordered the Curtains to be undrawn, and view'd him very narrowly for some time before he spoke; then, with a good deal of Resentment, he said, You barbarous Villain, you are the Rascal that stabb'd me.
Q. Had the Prisoner spoke?
Richardson. No, my Lord.
Q. What did Youell say?
Youell the Prisoner. Sir, I will make my Affidavit I was elsewhere at the same time.
Richardson. Capt. Johns said, Turn about, Friend, and flap your Hat, and put it on; now, says he, say, D - n your Eyes! says the Prisoner, I never could swear such an Oath in my Life; so I desired he would, for the Satisfaction of the Captain, repeat that Oath, which he did.
Q. What said the Captain then?
Richardson. I should have told your Lordship, there was something to do to make him talk; I made him talk as much as I could; when he had said, D - n your Eyes, the Captain said, You are the Villain that stabb'd me, I am positive on't.
Q. Did he put down his Hat and flap it ?
Hogskins. He did before that.
Q. Did Youell give him any Answer when he said, You are the Villain that stabb'd me?
Hogskins. He said nothing. Captain Johns said, I declare he is the Man; I know him by his Stature, I know him by his Habit, and by his Voice; this was about an Hour and a Half before Captain Johns died; he might die about half an Hour after five; about an Hour after this first time, Alderman Rawlinson came down; then he had another fight of him; he then declared that he was the Man. Then I ask'd him about Lopez, and whether he would see him. I told him that we had got a tall thin Man that was much suspected: He said he would not, for the Person who was a Confederate with him (Youell) was of his Stature, rather broader set than the Prisoner at the Bar; he said, I will not see that tall Man, for I am sure it was no such Person. After Alderman Rawlinson had taken the Examination, one told me, that Youell desired to speak with me in private, and that he would speak with no body else; I went to him, and we went into a private Room together, and Youell burst into Tears, and said, For God's sake Mr Marshal, use your best Endeavours to take Joshua Hart , or else I shall be hang'd, and desire the Alderman to admit me an Evidence against Joshua Hart. Hart, says he, was the Man that gave the Blow, and for my own part I was forc'd into it: I was forc'd to assist in the robbing; he ran after me with a long Knife, and threatened to stab me if I would not go a robbing with him. Then I went down with him to the Alderman, and there he did prevaricate; he said he was within twenty Yards? Word was brought down that Captain Johns was dead; then I suppose he thought there could be no Evidence against him. My Lord, here is one material thing I ought to declare the Truth with regard to Lopez; I said, though we had not got Hart, yet if Lopez had the Watch, he might be some way concerned; he could say nothing to take away the Life of an innocent Man.
Q. to Eliz. Delahughes. How old are you?
Q. What do you know of this Matter?
Delahughes. Sir, I had been over Devonshire-square; as I came back again, the Watchman said something to me, I can't say what, as I came down on this Side of the Way, I heard a Groan; as I went, Lopez clapp'd his Hand upon me, and said, Bet, where are you going?
Court. Then you knew him before?
Delahughes. I have drank once in his Company, and once I saw him along with a young Woman that I know.
Court. You did not see him do any thing to the Deceased?
Delahughes. I did not see him dead nor alive.
Amphlet. I am a Spectacle-maker by Trade, and a Watch-glass-maker.
Amphlet. I saw him in the Bail-dock; he went to speak with Hosea Youell ; he told him, if he would not give him a Guinea he would swear his Life away; with that Abraham took him by the Shoulders, and dragged him between the Gates, and turned him out; I was there, and two or three Friends along with me.
Q. Did Abraham hear it ?
Amphlet. Upon that Abraham turned him out.
Mendus. Not as I know of.
Q. Did you turn him out?
Mendus. Yes, I turned him out; what Business had he there?
Mary Amphlet . I saw the Soldier yesterday with the Prisoner; and he said, Youell, have you spoke with your Father; if not, says he, I'll swear your Life away, if you don't get me a Guinea as you have promised me.
Solomon. I deal in Drugs.
Q. How long have you known the Prisoner Youell?
Solomon. I have known his Parents before he was born; I have known him fifteen or sixteen Years; he has a very good Character, and a very honest Lad.
Q. Did you see him upon the 23d of September ?
Solomon. I saw him in Petticoat-lane, between seven and eight o'Clock in Whitechapel.
Q. Did you see him after that Time?
Solomon. He did not come out of my Company till past twelve o'Clock in the Morning. He was not out of my Company, except he might make Water. He was my Servant for two Years.
Q. How long ago?
Solomon. About Half a Year ago. He behav'd himself honestly; and a trusty Servant he was to me.
Q. Was there any other Company?
Capel. As to the Accident I know nothing of it; but he and Mr Solomon, and Mr Amphlet and his Wife, was at Mrs Christan's last Wednesday, as near as I can guess, between eight and nine o'Clock at Night, and stay'd till after twelve.
Durant. I have got some Things that belong to a Man they call Hart. As for the Prisoner at the Bar, I know nothing of him. About a Fortnight before, Hart came to my House, he wanted Lodgings at so much per Week. My Wife has been lately dead, and I had no such Conveniencies, A Night or two after he came and ask'd if he could lie there, and he call'd for a Pint of Hot.
Q. When did he go away?
Durant. I don't know whether he laid at my House. The Wednesday or Thursday, when he went to Bed he said, let me have a Quart of Water; having this Quart of Water, I went up into the Room. There was a Light in his Room. I said, I beg you will put out your Candle. Whether he put it out then, I cannot tell. The next Morning he got up before me; gets up, Sir, and he said, he had spilled some Water upon his Clothes. Whether it was the Water he carried up, or the Chamber Pot, he dry'd his Clothes by the Fire. I expected him at Night. but he never came that, nor the next Night; so I said, that this Fellow that has taken that Room will not come any more; I believe, says the Maid, you will lose nothing by it, he has left something; when a Man came with a Subpoena, he said, Have you not one Joshua Hart lodges at your House? I says to the Girl, Fetch down the Things in my Room; there was a Shirt and a Waistcoat, the Shirt is bloody, I saw that he had Water up with him at Night.
Solas. Fifteen Years.
Q. What is his general Character?
Solas. I never heard no bad Character of him.
Q. Did you ever employ him in any thing?
Solas. I have sent him with several Things of value, and I never found any thing but Honesty of him.
Court to Mr Grindal. You took the Sword out, you described it as an extremely small Orifice, do you think the Wound could cause a bloody Shirt?
395. Thomas Bavin was indicted for stealing on the second of September , one Looking-Glass, unfinished, with a Gilt Frame, value 25 s. and one Looking-Glass, with a Walnut-tree Frame, value 7 s. the Goods of James Ward , September the 15th .
James Ward . On the 15th of September my Wife and my Boy stood at St Andrew's Church-Gate, and they call'd and show'd him to me. They said, he is the Person we suspect that stole our first Glass from us. I said to my Apprentice, go you out four or five Doors up the Hill, and stand at a Distance, and see if he takes any Thing. The Prisoner cross'd the Way two or three Times; and he comes to the Picture Shop, the next Door, there he stood and look'd at the Pictures, and peep'd if there was any Body in my Shop; presently afterwards he goes by the Door, and a Person in the Kitchen said Mr Ward, There is your Chap gone by the Door. Accordingly my Wife whipp'd pretty fast along the Shop, and look'd over the Window, and miss'd this Glass. She put her Head out at the Door, and she saw him put the Glass under his Coat. She ran out of the Door, and took him by the Flap of his Coat, and cry'd out, Thief, Thief. Accordingly I ran out and seiz'd him by the Collar, and brought him in.
Q. When you went to him, what was he doing?
Ward. He was putting of it under the Flap of his Coat. When I brought him into the Shop, I said, Have I caught you at last? I charg'd him with the other Glass. He said, he knew nothing of the Matter; nor he did not design to steal this, but took it down to wipe the Dust off. Accordingly I sent for an Officer, and carried him before the Sitting Alderman at Guildhall. There he confess'd he took it, and he was committed to Newgate. He sent for me to Newgate, and desir'd me to show him all the Favour that I could. I said you had have got another Glass of mine, and how can you expect any Favour from me? He confess'd he stole another Glass the second of September, and sold it in Moorfields. The Value of this Glass was 7 s. and the Value of the other 25 s. that was unfinish'd. According to his Direction I goes to the Broker, and found the Glass, and I ask'd him the Price of it. He ask'd 20 s. for it. I said the Glass was my Property, and if you will not send it home I will get a Warrant. The Broker is one John Hollows , on this side the Brown Bear in Moorfields, and he gave but Half a Guinea for a Glass that I had sold for 25 s. Whilst I was gone for Advice about it, and come back again, the Broker said, he had sold the Glass for 15 s. I apprehend some of the Prisoner's Friends goes and buys that Glass, because it should not be a Witness against him. More than that, there was a Person along with me, to compound these Things. This Evidence was confirm'd by Sarah Ward , the Wife of the Prosecutor, and Joseph Drakit , his Apprentice.
Thomas Paletharp , William How , Daniel Watkins , William Smith , Nahum Staveh , and Mary Proctor , all gave the Prisoner a good Character. The Prisoner deny'd the Fact, but there was not the least Appearance of Innocence in his Case.
396 + Matth.ew Cave was indicted for an Assault upon Martha Flanders , Spinster , and for unlawfully ravishing, and carnally knowing of her against her Will ; and against his Majesty's Crown and Dignity, September the 16th .
Martha Flanders is a Child about twelve Years of Age, and the Prisoner a Boy of about fifteen or sixteen. He was hired to carry a younger Sister of Martha Flanders over the Fields near Pancras . It was with great Difficulty that the Court could get her to speak particularly of the Affair. When she did speak she declared, that when they were in the Field he threw her down upon the Grass, and stopp'd her Mouth with an Handkerchief, and it did appear that he had carnal Knowledge of her. She said, she cry'd out Murder several Times; and that there were People in the Field, but were at a great Distance, and none came to her Assistance. She was ask'd, how she could cry out if her Mouth was stopp'd? She answer'd, she got the Handkerchief on one side, and could cry out, and the young Child was playing about upon the Grass at the same Time. The Prisoner, she said, came home with her afterwards, and she never told her Mother of it for near a Month, for fear she should beat her, and then it was by Discovery the Mother had made of the Child's Disorder. It appear'd that this young Villain had given this Child the foul Disease; it seems he work'd all that Month, in the Yard where this Child and her Parents lived; afterwards she was ask'd, If he ever attempted any such thing afterwards? She answered, No. These being the Circumstances, it was not proved to the Satisfaction of the Court that it was a Rape; he coming Home with the Child: she making no Discovery of it, till she was forced to it; and his continuing to work in the Yard; on these Accounts the Prisoner, who richly deserved severe Punishment, was Acquitted .
Cornelius Jacobs was indicted for stealing, on the 11th of October , two Silver Tea Spoons value 3 s. and eight Guineas in Money, the Property of John Bullwinkle out of his Dwelling-house.
John Bullwinkle . I keep an Alehouse in St Katherine's . The Prisoner is a Dutchman , and lodged two or three Nights in my House, had he took these Things, the Spoons and Money, out of a Chest that was in the Kitchen, the Money was in a little Box in the Chest; this was of a Saturday we reckon it was done late at Night, or early in the Morning, for he was gone out before we got up; we had a Suspicion of him and found him out, and the two Spoons were found in his Pockets.
Q. Did you hear him confess any thing?
Viko. He confess'd he had taken the Sum of eight Guineas from that Man's House out of the Drawers, and said he had been a whoring at a bad House in Whitechapel, and they pick'd his Pocket.
The Prisoner could speak but very little English, had nothing to say in his Defence, but that he was in Liquor, and begged for Mercy.
Guilty to the Value of 39 s.
Robert Stephens . The Prisoner Macguire was a Watchman in Mr Whiteman and Worthington's Brewhouse-yard, and he confessed that he let in Kelly about two o'Clock in the Morning, and that he fetch'd the Crank down out of the Room, and so it was conveyed off. The Thing was first discovered by Kelly's offering of it to sale, to one Cann, a Smith by Hatton-wall, who told Cann that he had it of the Housekeeper of York-Buildings Company; upon this the whole Affair came out.
But as there was no other Evidence of Kelly's being concerned but what Macguire said, and Kelly having a pretty good Character, he was Acquitted , but Macguire found Guilty .
400, 401, 402. + Macdonald Patrick , otherwise Avery , and Eleanor his Wife , and Martha Mathews stand indicted for stealing a Silver Tankard value 8 l. out of the Dwelling house of John Dumbelton , Sept. 18 .
John Dumbelton . I live at the Three Crowns in Whitechapel . The Prisoner, with another Man, was drinking this Day at my House, and Martha Mathews she was part of the Time with him; this was on the Friday, and I heard about the Tankard on Sunday; and the Means of the Discovery was this: The Prisoner met Meyer Joseph , and offered him the Handle of a Silver Tankard; Joseph, upon this, was jealous it was stole, and secured him; afterwards the Remainder of the Tankard, very much bruised, was found buried on Whitechapel-Mount; Mathews the Prisoner discovered the other part of the Tankard, &c.
Macdonald Patrick Guilty of stealing the Tankard to the Value of 39 s.
Mr Boswell only could say, he lost, one Saturday Morning, sixteen Rabbets, but he could not swear the Prisoner took them away.
The Prisoner said in his Defence, That he went into this Publick-house, and there he saw these Rabbets; which House is a Place where many of the Dealers in Rabbets at Leadenhall use; the Landlord of the House was backwards, and he could not swear he saw the Prisoner bring them in.
404. Sarah Thorn was indicted for stealing, on the 10th of Sept. on Stuff Damask Gown value 5 s. two Petticoats value 7 s. one Pair of Stays value 5 s. one Linen Cap value 3 d. one Gause Handkerchief value 1 s. two Linen Aprons value 2 s. &c. the Goods of Jane Maschall .
Jane Maschall . I lost these Things the 10th of last Month, and I found them upon the Prisoner the Sunday afterwards; I lost them at my Mother's Lodgings where the Prisoner had lodged; I found the Things, and the Prisoner, at the Sign of the Bridge in Charles-street, Westminster; I ask'd her how she could serve me so? She said but little, but that I must use the Law. I hope your Honours will be favourable to her, for I believe 'tis the first Fact.
Guilty to the Value of 10 d.
Charles Cotton .
Sarah Johnson . I live in the Parish of Hampstead. I hung this Sheet upon the Hedge the 8th of Sept. It was taken away in the Forenoon; the Prisoner and Edward Wood , another Boy between ten and eleven Years old, they took it wet to London to pawn, but the Pawnbroker would not take it, and they carried it to a Baker's. Wood, the Accomplice, said, that Henson took the Sheet, and he stood to watch; that they brought it to Town, and the Pawnbroker they carried it to would not receive it, so they carried it to a Baker's, and they got a Couple of Rolls for it.
Guilty to the Value of 10 d.
Charles Forth . I live in Leather-lane, in the Parish of St Andrew's ; I keep a Hosier's Shop ; the Stockings were taken, I believe, about two or three o'Clock in the Afternoon; she came about the 9th or 10th, with a Pretence to buy a Pair, and she look'd out a Pair, and said, she wanted 9 d. of the Money; accordingly she came again on the Saturday, and look'd out two Pair again, and agrees for the Price. She said she had not Money, and said she would call for them again, and in about a Quarter of an Hour she was stopp'd, and they sent to know if we had lost any Stockings, and I miss'd them immediately, and I am sure they are mine; I did not see her take them, but she owned it before the Justice.
Anne Fare . I live in Baldwin's gardens. The Prisoner came to my Shop about three o'Clock on the Saturday, and she offered me the Stockings to sale; I saw her pull them from under her Petticoat. I did suppose she had stole them. I sent to Mr Forth, my Neighbour, to know if he had lost any thing; in the mean time she tore the Mark off, and went into Mr Wilson's to pawn them, and there she was took. She told me she dealt in them, and she went about the Street to sell them; I said there were Shopkeepers, I did not chuse to deal with such. She was taken before Justice Poulson, and she confess'd she took them out of Mr Forth's Shop.
Guilty to the Value of 10 d.
Hugh Tagon . I detected the Prisoner in stealing the Half-Hogshead out of the Bull Inn in Whitechapel . He was going out with it upon his Knot; I stopp'd him, and ask'd him where he was going with it, and said he was going to Mr Hurst in Talbot-court, Tower-street. I went to Tower-street to seek after his Master, but I could find no such Person; there were two Casks, one he had taken away before. The Casks belong to one Mr Richardson; his Servant came to enquire after it, and I told him how it was that one was taken, and I detected a Man in carrying off the other.
It appeared by this Evidence, that it was known to whom these Goods belonged to, therefore it was not the Property of Persons unknown.
The Prisoner said in his Defence, That he met a Cooper in Goodman's fields, and he said he would give him Six pence to fetch this Cask out of the Bull Inn.
The Prisoner was Acquitted of stealing Goods from Persons unknown, but not to be discharged till the Goal-Delivery.
408. + Catherine Thursfield was indicted for stealing 240 Yards of Fustian value 5 l. 40 Yards of Dimmity value 40 s. 44 Pounds Weight of Thread value 4 l. the Goods of Persons unknown, in the Dwelling house of John Booth
Booth. I am Porter and Book-keeper at Blossom's Inn, in Lawrence-Lane . The Prisoner lodg'd at my House, and there was a Pack of Goods which came from Manchester, left to my Care. It was about the beginning of June, I can't be certain as to the Day of the Month, the Pack was cut, and a large Quantity taken out. I found it out the 25th of July. I don't know when it was cut.
Q. How do you know there were these Things in the Pack? Did you see these Things in the Pack ?
Booth. I know it by what was found, and what this Woman confess'd.
Q. What Things have been found upon the Prisoner ?
Booth. There were ten Pieces of Fustian found in her Apartment. They are worth 15 s. a Piece. At the Top of the House she had concealed these Things. There were three Dozen and a Half of Thread, two Pounds she had sold to a Woman; and there were several other Things miss'd that were not found. Mrs Ockstone bought the two Pound of Thread, was to give her half a Crown a Pound for it, but said, she little thought of it's being stole.
Q. Do you know who these Goods belong to?
The Prisoner, in her Defence, said, that she found the Pack open in the Cellar, but did not know to whom it belonged.
And the Witness Booth said the Pack did lie in the Cellar.
Thomas Brisco and Charles Austin , gave the Prisoner and her Family a very good Character. Her frank Confession , and the clearing her Husband; her humble, modest Behaviour, together with what she has already suffered in Prison, by having the Small-Pox, the Court took Compassion upon her, and only ordered her to be burnt in the Hand .
Q. Into what House did she call you?
Jones. I can't tell. I had my Money before, and there lost it. There was but one Girl in the Room besides, but she went out directly.
The Prisoner was acquitted ; and the Prosecutor did but expose his own Folly.
410. William Ping was indicted for stealing on the 28th of September one Cambrick Handkerchief, value 3 d. the Property of Charles Landing . One Copper Saucepan, value 18 d. the Property of a Person unknown. Guilty of stealing the Handkerchief to the Value of 3 d.
411 William Coppin was indicted for stealing two Pair of Grey Worsted Stockings, value 6 s. Two Pair of White Cotton Stockings, value 7 s. One Pair of White Thread Stockings, value 3 s. the Goods and Chattels of Persons unknown, September the 7th .
John Roberts . I am a wholesale Hosier at the Three Kings in Fenchurch Street. The Prisoner at the Bar was my Porter, and has been for near a Twelve-month past. I have miss'd Goods for a considerable Time past. I can't positively swear to these Goods, but I have all the Reason in the World to believe they are mine, &c.
Q. Where do you live?
Smith. I live in Vinegar Yards. When he came to me he desired me to sell them, that he might have the Money. I sold the three Pair for 9 s. and he had every Farthing of it. He said he came honestly by them; and that he had them of a Shop keeper that had left off Business. Here is three Pair that I sold, but the People are not at home to whom I sold them. The other two Persons came to me, to desire me to go away, for there was no other Evidence against him.
Q. Was you to have any Thing for selling of them?
Smith. No, my Lord.
Prisoner. I bought them of a Hawker up and down the Streets with his own Hair.
The Prisoner desired it might be ask'd, What Sort of Character this Witness had? and, What Sort of a House she kept?
Eliz. Jones. I know nothing, but I bought this Pair of Stockings of Mrs Smith, and gave her 3 s. for them.
James Gray . I know nothing of the Robbery, only as this Man has come frequently to me in the Vinegar-Yard, and Mrs Smith brought these Stockings to sell to my Housekeeper. She gave her 3 s. for them, I think they are 4 s. by the Gross. Mrs Jones said, I believe this Man has stole them. I watch'd, and he went into the Glass-house, and I goes and ask'd for half a Dozen of Glasses; and I says, Jack, What is that Hosier's Name that you live with? Says he, I live with one Mr Giles's a Brasier in Addle street. I went there in a Day or two, and not seeing of him. I describ'd the Man. With that they told me, he liv'd with one Mr Roberts in Fenchurch Street. I went there, and they told me, they had such a Man. Mr Roberts has a Gentleman that does his Business whilst he is in the Country; he said, do you know the Man if you see him? And he said, look down Lombard-Street. Upon that I saw him coming up Lombard-Street. I said, this is the Man. When I talk'd to him about Vinegar-Yard, and Mrs Smith, and those People, he deny'd he knew any Thing of us.
Prisoner. Did you ever hear any Thing against me?
Gray. No, I never heard any Thing of you; but I believe you are the Thief that stole the Stockings.
Mr Benj Fuller . He could speak nothing to the Fact, but only, that he talk'd with the Prisoner three Quarters of an Hour, and after all, the Prisoner told him they had no Evidence against him, and he would say nothing.
Mr Huish, the Maker of the Stockings, he could swear to his Mark, but not that those Stockings were sold to Mr Roberts.
Thomas Holden was indicted for stealing one Leather Shoe, value 2 s. the Property of Charles Harris , September the 18th .
Richard Kitchin , Servant to Mr Harris, was told of the Prisoner's taking the Shoe; he immediately follow'd him, and took it from him. This Witness further declared, That the Prisoner own'd, that he belong'd to a very bad Gang in Black-Boy-Alley.
413. Alice Austin was indicted for stealing on the 25 of Feb. one Dimmity Waistcoat, value 3 s. one Pair of Silver-Shoe Buckles, value 20 s. and 8 s. in Money , the Goods of Ralph Rutamen . The Prisoner was acquitted by his Majesty's Act of Grace.
Mr Camden the Younger, the first Witness, the Amount of his Evidence was this, that he had left 600 l. in his Compting-house this Evening. The Compting-house is in the Sugar-house, parted with a slight Partition. He said, when he had to the Value of 100 l. he generally carried it to the Dwelling-house, and put it into an Iron Chest. Therefore it was thought a little extraordinary, that he should venture 600 l. there this Night. The Compting-house Door, it appear'd, by two or three Witnesses, was open in the Morning; but neither of them could say, they saw the Prisoner in the Compting-House, neither did they find any Thing upon him, &c.
George Manly . This Humphry Higgins I had the Money of. Richard Davis and I want to Holborn, to Gray's-Inn Lane. We went there to take the Lodgings for Humphry Higgins, and we stay'd in Gray's-Inn Lane till past ten o'Clock.
Q. In what House?
Manly. At the Sign of the Magpie.
Q. What then?
Manly. From thence we came home directly, and coming along Katherine Street, Little Katherine Street ; this Street crosses Great Katherine Street, we met this Woman very near the Door. She caught hold of me by the Coat, and ask'd me, What I would give her I ask'd her, What she would have me to give her? She said, will you give me a Dram? I said, I very seldom drink any Drams. I refused, but she said, I should come in, and there was very good Dorchester Beer, or Ale, or Brandy.
Q. Did you go in?
Manly. Yes, we follow'd this Woman, both of us, in. She went into a Room, and she call'd for a Quartern of Brandy, and I pull'd my Money out of my Pocket in the Room; I had three Guineas and half a Crown in my Pocket.
Q. What did you do with your Money?
Q. What then?
Manly. We sat two or three Minutes after I had pull'd my Money out; and, my Lord, I found this Woman's Hand in my Breeches very busy about my Pocket, and I pull'd her Hand away.
Q. Did you miss your Money after you found her Hand about your Pocket?
Manly. About half a Minute after this, the Woman jump'd by the Room, and she call'd Landlady, bring me up a Chamber-Pot directly, and this Woman went down Stairs. I can't say I heard her go. There was none brought, but she went down directly, and we waited in the Room about half a Minute. After she was gone out I said, I will go out and see what is become of this Woman. We went down Stairs directly, and ask'd, Where was the Woman that came down Stairs? The Woman said to us, she did not know the Woman, neither did she belong to her House.
Q. Who made you that Answer?
Manly. The Landlady. The Woman of the House, I believe. My Lord, we went out directly. I put my Hand in my Pocket, and I miss'd my Money. This Man, that was along with me, said, we will find this Woman out. We went into another House facing of it, and there were several Women there; and I said, there was a Woman very like this Woman. Another Woman came with a Candle in her Hand,
Q. What, the Prisoner?
Manly. No, another Woman. This Richard Davis follow'd this Woman, but that other Woman was gone. Just as I was coming out of that House facing this Woman's, where I lost the Woman, this Woman, that over-run us in that House, fell through a Skylight, and broke the Window down; we took that Woman upon Suspicion, but this Woman, the Prisoner, I was in Company with, and no other Woman.
Q. What Reason have you for charging the Prisoner?
Manly. She was in Company with us, and because her Hand was busy about my Pocket; that is the Reason I charge this Woman.
Richard Davis . I have no farther to say, than what he has said. I saw him pull Money out, but I did not know what it was. The Woman that we took up upon Suspicion, she discovered this Woman. I was out of the Room part of the Time: She bid me go out of the Room.
Q. How came you take up with this Woman?
Davis. As we were coming along this Woman took hold of us. We had drank a little.
Holbridge. No; but they took up a Lodger of mine, and kept her in Custody all Night; and they said, that was the Woman; and the next Morning I went and cleared my Acquaintance out of the Round-house, and they said all Night it was that Woman.
Mary Cole . The Prisoner had been washing with me all that Day that he swore against her. I can say no more. I have known the Prisoner for five Years I have never known her to wrong me or any body else.
James Steers , jun. On Saturday the 19th of Sept. about half an Hour after eight at Night, I was coming through Black and White Court , and I saw one of the Doors stand a-jar, it was an empty House belonging to my Father, and I got a Candle and went up Stairs, up two Pair of Stairs, and in the two Pair of Stairs Room I found a Bag with about three Quarters of an Hundred of Lead Guttering; it belonged to the next House, I try'd it, and it agreed with the other Part.
Q. What have you to say, with respect to the Prisoner at the Bar?
Steers. There were two of them, this other Lad saw them, I did not.
Q. When was the Prisoner taken?
Steers. About half an Hour after. As soon as I came down Stairs this Lad told me he saw two Men come out of that House; and he said, I know one of them extremely well. I ask'd his Name, and he said, his Name was Francis Charles . He said, he work'd with Mr; and, says he, 'tis ten to one if he is not gone down Fleet-lane. As soon as the Prisoner saw me he went away with a little Confusion, and I went after him and laid hold of his Collar. He said, what is the Matter? I said, I believe you are concerned in taking some Lead. He said, he was not. He was committed that Night to the Compter.
Q. What have you to alledge against him ?
Slaughter. I stood at our own Door on the 19th of Sept. a little after eight at Night, I saw this Man come out of Mr Steers's House; we live at the very next Door; there were Lamps that I could see by, and the Barber's Shop was open.
Q. Did you tell any body, that you saw this Person come out of this House ?
Slaughter. Yes, Sir, I told Mr Steers.
Q. Was there any body else with him?
Slaughter. I did not perceive any body else.
Q. Had he any thing about him?
Slaughter. Nothing as I could see. Mr Steers ask'd me if I could be sure of the Man; and I said, I could swear to him. He was laid hold of as he was going to the Barber's Shop.
Ross. He has work'd with me and my Husband three or four Years; my Husband is sick, or he would have been here himself.
Q. How has he behav'd ?
Ross. He has behav'd very well always, unless sometimes he has play'd a Day for his ney.
Q. What Business ?
Ross. A Cabinet-maker. The Time he was accused of this, between seven and eight o'Clock, the Men said they went with him to a Publick-house to drink.
William Bikley. I have known the Prisoner three Years and a half; I know him to be a sober Man;
420. Elizabeth Everat was indicted for stealing one Gold Ring set with Stones, value 10 s. one Silver Buckle value 2 s. one Cambrick Mob value 1 s. one Scarlet Cloke value 5 s. the Goods of Mary Barker .
Guilty to the Value of 10 d.
Guilty 10 d.
One Mary Mackhole , the principal Evidence against the Prisoner, appeared to be a very bad Person, and by her own Confession had the greatest Part of the Money; she used to be much at this House, and it looked far more suspicious that she was more of a guilty Person than the Prisoner.
The Prisoner was Acquitted , and counsell'd to be careful of getting such Company again.
426. Sarah Johnson was indicted for stealing, on the 11th of October , one Pair of Beather Clogs, one Yard of Silk Lace, two Yards of Blue Silk, one Book called the Week's Preparation for the worthy receiving the Lord's Supper, the whole value 4 s. 6 d. the Goods of Robert Trotter .
Guilty 10 d.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death, 4:
Burnt in the Hand, 3.
Transported for 7 Years, 8.
Laughlin Macguire 398
Mackdonald Patrick, otherwise Avery
To be whipped, II: