HELD AT JUSTICE-HALL in the OLD-BAILEY,
On WEDNESDAY the 9th, THURSDAY the 10th, and FRIDAY the 11th of December,
In the 21st Year of His MAJESTY's Reign.
BEING THE First SESSIONS in the MAYORALTY of the
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1747
King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.
BEFORE the Right Honourable Sir ROBERT LADBROOKE , Knt. Lord Mayor of the City of London, the Honourable Sir THOMAS DENISON , Knt. the Honourable Sir THOMAS ABNEY , Knt. the Honourable Mr. Baron CLIVE , JOHN STRACEY , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.
1. Sarah Burtles , was indicted for stealing on the 15th of November , 1 silver tea-spoon, value 3 s. 1 pestle and mortar, bell-mettle, val. 5 s. 1 hatch-door, val. 10 s. a bottom of a still made of copper , the goods of Elizabeth Duke , Widow.
Q. Have you found the things again?
Q. Where did you find them?
Duke I found the hatch and other things by her direction at one Mr Perry's; and the tea-spoon I found was melted down. I bought the pestle and mortar, she had sold: I found them all by her direction. The prisoner was not a servant, but I took her to give her a piece of bread.
Q. to Prisoner. What have you to say? will you ask her any questions?
Q. to Prisoner. What do you say for yourself?
Prisoner. I was at Mrs. Duke's and did work for her: I went out on an errand, and I met a young woman with the hatch in her hand, and she desired me to carry it for her, and I helped the other girl to carry it to the gentleman, and he gave her 6 d. and she gave it me; and she was to go to Mr. Perry for the other 6 d.
Guilty of the indictment.
2. Sarah Crispe , otherwise Ridge , indicted for stealing, on the 23d of September , 1 bed-quilt, val. 5 s. 2 blankets, val. 6 s. 2 linen sheets, val. 4 s. 2 chain bed-curtains, val. 3 s. 1 looking-glass, val. 5 s. 1 copper sauce pan, val. 3 s. 1 pair of bellows, val. 1 s. 2 linen pillowbears, val. 1 s. the goods and chattels of Richard Elby .
Elby. The Prisoner lodged at my house about this time twelvemonth, and she has been about eight or nine weeks gone; her lodgings were a two pair of stairs room furnish'd; I know of the goods
Jane Elby . There were taken away, a bed-quilt, a blanket, two sheets, a bolster, two pillowbears, a saucepan and cover, a stewpan, a tea-kettle, a looking-glass, a flat iron, &c. a pair of bellows, a table-cloth; all these goods were in her lodgings. I mist the goods in October.
Q. Who had the key of the lodging?
Elby. She had the key: she had a husband, but not at the time when we mist these goods; she left her lodgings, and carried the key away, and I sent after her; she took a lodging by Red-Lion square when I sent to her, and she sent the key; then I examined the lodging, and I mist these goods; after that I saw her the first time in the street, and I askt her for the things, and she said, she would bring them if I would not hurt her; she said she had pawned some of them at Mr. Sayer's in Wild-street, and some in Hart street, and some in the Savoy. We got a search-warrant, and she went with us to the pawnbroker's: we went to Mr. Sayer's first, and there we found the quilt, blanket, &c. then we went to Mr. Crew's in Hart street, and there I found the stew-pan and iron; we found all at these several pawnbrokers, except a tablecloth and two pillowbears, and the stew-pan; the stew-pan was taken out of a lodger's room.
- Sherwood pawnbroker. The prisoner brought to my shop about eleven months ago a tea-kettle and two blankets, and about seven months ago, two sheets; I have known the prisoner seven years, she used to work for a shoemaker, in our neighbourhood: at another time she brought a quilt.
- Parry. I am a pawnbroker. Last June the prisoner brought me a glass, and about two months ago she brought me a stew-pan, and at the same time a flat iron.
Q. What have you to say for yourself?
Prisoner. I did it in my husband's time, I did not intend to wrong them of the goods: I intended to bring them again, and it was out of mere necessity.
3. Susannah Crawford , was indicted for stealing on the 11th of September , 1 apron, val. 5 s. 1 silk handkerchief, val. 3 s. 1 holland shirt, val. 4 s. 1 linen shirt, val. 1 s. the goods of Daniel Pearce .
Q. to Lerttia Pearco. Do you know the prisoner?
Pearce. Yes, Sir, she came backwards and forwards to assist me; and about the 11th of September last I mist the goods; I lodged at one Mr. Jones's in Newtner street , I lost two checkt aprons, a silk handkerchief, a holland shirt and a shift. The goods were in different places in my lodging, I know it must be the prisoner, for there was no body else there; the apron was taken off her side, I found nothing else upon her, I took her up, and had her before Justice Burdus.
The prisoner swore she borrowed the apron of the witness.
Guilty 10 d.
Daniel Sanksey . I live in the Strand , and am a gold and silver laceman . On Saturday last, between five and six o'Clock, one Mr. Tricket brought in my shew-board, bordered with gold and silver lace, at the same time the two witnesses brought in the prisoner; they saw him take it.
James Watson . On saturday afternoon, near five o'Clock, I saw the prisoner take the board: I was within two doors of the place from whence he took it; by the light of the shop, I could see him very plainly : I let him alone till he brought it towards us; we let him pass us, and when he saw us pursuing him, he dropt it, and run down Villar-street.
Guilty 10 d.
John Stone . I live in Lemon-street, Goodman's-fields ; I am a cloth scourer. On saturday the 24th of October I had in my shop a dozen coats to scour, and this man enter'd my shop and stole these cloaths; they are the property of George Creed , who is a salesman , at the three Black-Lions, the corner of White-Lion-street. This young woman lives opposite to my house, and she saw the prisoner take them away.
Elizabeth Sash . I live opposite Mr. Stone's, and I saw the prisoner and another about the street, I had a suspicion of him: I saw him go into Mr. Stone's, and he brought three coats on his arm, and dropt one before he came out of the house; when I called to him and pursued him, he dropt the coats upon the step of an empty house: Mrs. Stone sent her boy to take up the coats, the mean time she lay'd hold of the prisoner, and carried him into her own house; he was lurking about the street an hour and a half before he did the fact.
George Creed I am a salesman, and these two coats are mine; Mr. Stone fetcht them himself from my house to scour.
Guilty of the Indictment.
Roger Baston . I live by Turnstile, Holbourn . On Monday the 9th of November I lost a pair of stockings from off my compter, she lookt over several stockings; I mist this pair and went after her; and found them between two fish baskets, which she brought with her into the shop.
The Prisoner in her defence said, she believed they were dropt into her basket.
Guilty 10 d.
George Hawksford . I am a Peruke-maker , I live at Hackney . I left a stocking-man in my shop, while I was below, in order to compare the worsted and stockings together, that I was about to buy; the man stept out of the shop, the mean time these three boy s came into my shop, and stole this wigg as it hung upon the irons.
Hannah Castelow . I was sent out on an errand to a baker's, and I saw these boys come out of the shop, I believe the 2d of November: I saw Charles Heath take the wigg, either with his stick or hand out of the shop; and I saw the wigg in his hands, and the other two boys were with him. I did not stand to see whether he gave it to the other, I went directly and spoke of it, I was the first that saw the wigg thrown over a neighbour's palisade; so Mr. Hawksford took Charles Heath directly.
Thomas Harrison . I live in Old-nickle-street , I keep a little shop and I sell tea, &c. On the 1st of November, about eight o'Clock, I heard somebody open the door: my wife said, who is there? upon that no body answered; so she ran out, and I heard her cry out, stop thief, I have lost 2 canisters; upon that, Ann Slate caught hold of him, and I also immediately collar'd him: he had not gone above three doors, he dropt the tea about a yard from the shop.
Mary Harrison . I was sitting by the fire, and I heard the hatch lift up, and I said, who is there? making me no answer, I run out to the door, and cry'd out, Stop thief; but he heard me coming, and I saw him drop it before I cry'd out.
Ann Slate . I was going to Mr. Harrison's house on a Sunday night, and I saw a man come out of the house with something under his arm, it was about eight o'clock at night, a very moonshine night. Mrs. Harrison came out with a candle, and cry'd out, Stop thief; and he immediately dropt them, and I took hold of the flap of his coat, and Mr. Harrison in less than a minute came out, and took hold of him.
Q. to Prisoner. What business are you?
Prisoner. I have been a seaman from my youth.
The Prisoner had nothing to the purpose to say in his defence.
Guilty 4 s. and 10 d.
Reginard Trotter. On Saturday the 14th of Nov. the Prisoner came into my house; I am a publican . She came into my house and took these things; I sent to her to know if she did not take them; and in about an hour afterwards I found them at the broker's.
Q. Where did the Prisoner confess the fact?
Trotter. She confest it to the constable of the night, she had pawned them at Mr. Wilson's, in another name, and she confest she had stole the tea-kettle.
Clark. I live at the Rose in St. Bride's-alley, the Prisoner brought the tea-kettle and box-iron, and I lent her half a crown uponthem; she confest before the Alderman, she took the tea-kettle, and another woman gave her the box-iron.
Mr. Trotter came to our shop to ask for these things, and we told him we had them; Mr. Trotter took her up on Saturday night, and carried her before the Alderman on Monday morning.
The Prisoner said in her defence, that the tea-kettle was given to her by Mr. Trotter's kinswoman.
Margaret Whitaker . I have known the Prisoner five years and a half, till she went into Mr. Wilson's house, the brother-in-law to the Prosecutor; and there I believe she was ruined.
William Grey . I had thirty sheep in my charge at Mr. Thomas Wright 's door. On this day sev'night, a little after ten, the Prisoner took one of them from the hooks, and carried it away; they were carcasses of sheep for the market, and she was stopt in Somerset-street with the Sheep in her basket.
Q. Did the basket hold it?
Grey. Yes, Sir; she put it under her arm, she said, a man gave it her coming from Whitechapel: I am sure it was Mr. Wright's sheep.
Court. So you are sure the Prisoner is the woman?
Grey. Yes, Sir; I wish I was so sure to go to heaven, I should be glad to leave the world this minute.
John Bradshaw . Last Wednesday night I was going through Whitechapel-bars, and I heard a little girl cry stop thief; I said to the girl, who is it? she said it was that woman; I followed her, and askt her what she had got; she swore at me, I took hold of her, and found the sheep in her basket of lemons, and brought her to Mr. Wright's door.
Q. to Prisoner. Will you ask the witness any questions?
Prisoner. This witness took me forcibly to the place, he dragged me along to the watch-house.
Q. Whose was it?
James Delape . I was going along Fleet-street about half an hour after five, and she askt me to give her a pot of beer or a dram; we went into a house in King's-head-court , I sent for a pot of beer, in the mean time, Mary Gray and the other woman lay'd hold of me, and took 23 s. and my buttons.
Court. You said it was done forcibly.
Delape. I did not see them take the money.
Q. How came you to go with two strange women?
Delape. They told me they lived at Ludgate; I did not think any harm in it, I know the Prisoner took my purse and buttons.
Prisoner. Ask him if he did not take the other woman.
Delape. Yes, I did; but the mob took her away again.
Prisoner. I went into the Old-bailey to buy some tea and sugar; when he came to our house he gave a shilling, is not that right, Sir, to fetch some beer?
Prisoner. I went out to change the beer, not liking it, and left the other woman in his lap.
The Prisoner Acquitted .
15. Elizabeth Murray , was indicted for stealing 1 linen gown, value 5 s. 1 stript linen apron, val. 1 s. 3 caps, val. 3 s. 1 pair of stays, val. 2 s. and 6 d. 1 handkerchief, linen and cotton, value 1 s. 2 pair of sleeves, value 2 s. &c . the goods of Sarah Marwell , Nov. the 26th .
Sarah Marwell . I lost my linen gown and a petticoat, &c. last Thursday was sev'night. Sarah Stanniford took the Prisoner in the same room, and some of the things the Prisoner carried to Bridewell with her.
Q. How came she to Bridewell?
Marwell. She was committed there before I came from work; she confest she took all these things herself.
Sarah Stanniford . I came from my day's work; as I was coming from my room, I saw a woman's foot in my landlady's room, upon this I took her; and as my landlady was not come home, I forced the door open and found several things upon her; I sent for a constable and he carried her before the Justice of Peace, and he committed her.
Q. to Prisoner. What have you to say?
Prisoner. I have no Friends.
Elizabeth Boswell , was indicted for stealing 3 silver spoons, value 30 s. the goods and chattels of James Tomkins .
Q. How do you know the Prisoner took them?
Tomkins. The Prisoner owned it last night, we were first informed of it by some lodgers in the same house; the Prisoner was a washer and charewoman in the house. These spoons, I know their mark, and can swear to them.
This examinant said, she took 3 spoons from Mr. Tomkins; one she pawned at the seven stars, on Saffron-hill for 6 s. and the other two in the Old-bailey for 4 s. and 6 d.
Q. How long have you known her?
Tomkins. Four years; and she always behaved very well.
Guilty 10 d.
Edward Seymore . On the 20th of last month, between the hours of six and seven, I was walking by the Bishop of Ely's house : I put my hand to my pocket and mist my handkerchief; upon this I caught hold of the Prisoner. He had a red handkerchief like mine, I made him pull the handkerchief off, but that was not mine; but my handkerchief he had thrown out of his hand. The Prisoner stood close to me when I mist my handkerchief.
Joseph Snape . The gentleman lay'd hold of him; I came up while he was speaking to him; the gentleman said, I suppose you are one of the gang; I said, I was not; I said, Sir, there is your handkerchief; I saw him take it out of your pocket and throw it over the rails; the handkerchief was pickt up, and Mr. Seymore swore to it.
The Prisoner declared his innocence, but had little to say for himself, neither had he any witness.
Guilty 10 d.
Taylor Courtman . On the 21st of October last, between five and six o'clock in the evening, I left three pieces of printed cotton in the shop; when I came down, I ordered the boy to reach the checks, to shew to Margaret Price ; the mean time a gentleman came to the shop, and askt me if this piece of cotton was not mine; I took it up, and lookt for the other two, and they were gone as the other was. I stopt Margaret Price and carrried her before Justice Burdus, and he committed her to Bridewell on suspicion of felony; but before she came out of the house, she owned she was concerned with the Prisoner in the robbery.
Margaret Price . The Prisoner came to me to go with her to the Prosecutor's shop, she wanted money, and she should go to the gallows; she said she knockt at the shop door, and the boy opened it; I askt for check for an apron, and the boy called for his master; in the mean time she took the three pieces of cotton, and I suppose she dropt one piece in her fright; I did not know where she went afterwards.
Powell. I remember her coming in with the other that night.
Q. Did they take any thing?
Powell. The Prisoner took three pieces and dropt one, they were upon the counter, the left side; there was a gentleman came up to my master to the shop door, and askt if that was not his cotton, he said it was; so he said, he saw a young woman run away with a lapful.
Prisoner. This witness against me said, she would hang me to clear herself, but I was not in the shop.
The boy being but about ten years of age, and the chief witness against the Prisoner, she was acquitted .
Margaret Price . I live at Paddington, the hogs were mine; they were taken the 31st of Oct. they were left in the sty belonging to the yard.
Q. When did you miss them?
Price. I mist them about three o'clock in the morning; I know nothing more of my own knowledge, but they were brought again the next morning.
William Thomas . I was called up about three o'clock in the morning, and I went to the sty and mist the hogs; I went to Cansel-green that morning, and found them there. Three men call'd me out of bed, and told me there were some hogs found upon these men, and askt if they did not belong to us, and I went down and found they were ours; that is all I know of it.
John Pye . I was going home from London between eleven and twelve o'clock a Saturday night, with Mr. Brown, and another Farmer; and as we were going along, Mr. Brown askt the Prisoners where they were driving the hogs at that time of night? but one of the prisoners D - d him, and said, what was that to him? In the mean time I came up, Brown was on foot, Cook was on horseback, and he was making off towards London; with that I caught hold of his bridle; says he, what, have you a mind to rob me? with that Mr. Brown came up to my assistance, and laid hold of the other, when three or four men came presently to our assistance; we heard a drunken man come up talking to himself that came from Paddington. Brown the Prisoner, when we came into the house, said, he had bought the hogs of Cook: in about two hours one came from Mrs. Price's.
Edward Baker . I was going from market a Saturday night, and I past one man driving a single hog, and at a little distance, I saw a horse with a bridle and saddle. I did not stop them first, Mr. Pye stopt them; when we came up to them, one said he had bought them of the other, and he was going to drive them home, and we detained them all night.
Cook the Prisoner. This gentleman and I were drinking together at Paddington, and we were in liquor, and saw these pigs before us.
Court. But they said you declared you had sold these hogs to Brown.
Cook. If I did, I did not know what I said, I was very drunk.
Court to Brown. What have you to say for yourself?
Brown. I was going to serve this man in order to take a publick house.
Both Guilty .
20, 21. William Smith , and Diana his wife were indicted for stealing, on the 24th of Oct . 3 blankets, value 6 s. 1 looking-glass, value 6 d. 1 iron candlestick, val. 2 d. the goods of John Whitney .
John Whitney . The Prisoner lodged with me, and on the 24th of Oct. I found the goods taken from my house, the things mentioned in the Indictment; when they went away they took the key with them; after they were gone I took a lodger in the house with me to break open the door, and then I mist my goods; after this I got intelligence where they lodged, and I went and found them in bed.
Mary Fullam . I know nothing of their stealing any thing. But about five or six weeks ago the Prisoners sold me the blankets; she was a servant in my mistress's house, I gave her fifteen pence for one blanket, and twenty pence for another.
Hannah Cole . I had a looking-glass of her that I lent her 6 d. upon, this was about a month ago.
As the constable did not appear with the blankets, there was a failure of evidence.
Both acquitted .
William Row. I am a distiller by trade, the Prisoner has lived with me about five months; while he was with me I found I run out, and we agreed to mark some money, some single shillings, five we markt, but he chang'd one, so that there is but four of them; we markt them about the nose with a penknife, we sent a stranger for two gallons of geneva, half a crown a gallon; Mr. Dean's friend sent for the liquor and gave him the money; I went to the till, it was not there; then my friend said, you have five shillings of markt money of your master's now; so he was examined, and the money was found about him. I put five shillings in Mr. Horn's hands, and he sent his servant a sawyer with the five shillings; he has owned from five to ten, from ten to twenty pounds, &c. that he has wrong'd me of.
George Dean . These five shillings were markt at my house, these five shillings were left in my hand, I gave five shillings to Mr. Horn to send for two gallons of the best gin, that is all I have to say, that the money was markt at my house.
Pell. Yes, my Lord, I am a relation of Mr. Rrew's, and he has made great complaints of late of his running back; by that means we thought of marking the money, and I markt them.
Abihal Horn. Early in the morning I saw Mr. Dean, and he told me this story, and as he had no stranger in his house, I sent one of my sawyers and he brought the liquor immediately; the shillings that are now in Court I can swear to, I took particular notice of them; I and Mr. Dean went to Mr. Rew and took the Prisoner into his master's compting house, and told him we had a suspicion he had robb'd his master. I told him I had just sent five shillings he received, and that he had not put it into his master's till.
Though the Prisoner's crime appeared to be great, yet they could not prove it a felony, but a breach of trust.
Acquitted of the indictment.
Q. Do you live at Mr. Nesbit's?
Charles Chapman . I am not a partner, but I am in hopes of being a partner, the Prisoner came in and wanted to see many, but did not buy any; I saw her by degrees actually take the bundle of handkerchiefs: And I took it from her before she went out of the shop.
The Prisoner had nothing to say to purpose for herself, nor any witness.
Guilty 4 s. and 10 d.
John Billing . The Prisoner was my servant for a fortnight, I live in East-Smithfield , the Prisoner went from my service the 23d of October. I lost eighteen pounds, fourteen shillings, and sixpence, seven guineas, two half-guineas, and five and twenty half-crowns, &c. I lost all this money from my chest of drawers in my chamber, I kept the drawers lockt, I saw the money the same day he went away.
Q. Did you tell the money?
Billing. Yes, I told it that day, and when I lookt into the drawers, I found my money gone; the Prisoner opened it with an instrument made the next door; I lit of him the next morning at Carnaby-market, as I was enquiring after him, by a country-woman, and while we were speaking she said, there he goes by, and I went and seized him; he had bought new clothes and a wigg; I told him if he would produce the remainder of the money I would be favourable to him, and he produced eleven pounds, fourteen shillings; I took him before the Justice, and he confest he took all the money and had bought new clothes with the rest of the money and a watch he had bought, which I got of him; some of the pieces I could swear to.
Thomas Longdon . I am brother to the Prisoner, my Lord, I never knew any harm of him before, but he was drawn aside by a lewd woman.
Guilty of stealing, but not of privately stealing out of the dwelling-house .
Ezdra Redger. I had a waistcoat stole, a black silk waistcoat, on Monday night last, I observed her going to the back room where it was; the Prisoner came to drink at our house, and I observed her to go towards my back room, where all these things were; I mist these things very soon the next morning; I went and took an inventory of her goods as she was my tenant, and she clapt her hands upon these things, and she said they were not fit for me to see: I said my wife should then; but when we saw them, she then beg'd I would not trouble her.
Court to the Prisoner. What have you to say?
Prisoner. A woman gave them to me, and laid them upon my table.
Guilty 10 d.
27. George Deportal , was indicted for stealing on the 17th of Oct . 1 cask fill'd with spirituous liquors called wormwood cordial, value 10 s. 1 cask of plague water, val. 10 s. 1 of brandy, val. 8 s. 1 of rum, val. 8 s. the goods of Noah Bernard .
Q. Is your servant here?
William Copstick . I was sent out with this quantity of goods upon my back, I pitcht them down the corner of Oxford-market , and I went into a house, I did not tarry two minutes; when I came out the coachman's lad gave an account of them: I went the next morning, I went to the same house between 9 and 10 o'clock, and the landlady of the house saw the man go by this lad had spoke of; so we took him, and he confest the fact, and where the things were carried: the Prisoner was taken up as being impeached by the other person, and there were three more, and they found them in a cellar where the Prisoner lodged.
Richard Minet . The 17th of October, the Prisoner at the bar askt me to go to take a pint of beer, and one Molton askt me to go to the Unicorn, he was going to dance, as he said; going there we met with James Roberts , and the Prisoner at the bar, and I went back again. Some of the goods were sold, but the Prisoner at the bar had not any of it.
Q. Was the Prisoner employed in that business?
Warran. I employed the Prisoner, and I work for Mr. Marsh; I took the thread out of the Prisoner's breeches, and am sure it is Mr. Marsh's thread; he said he was drunk all that day, or he should not have done it.
Q. Have you any witness here?
Prisoner. Indeed, my Lord, I have but one, and he is gone home.
The Prisoner was askt if he had any family, he said, he had but one wife in this country, and she was big with child.
Guilty 10 d.
Atkins. No, Sir, but my father's plow was robb'd, but I cannot tell when it was.
Pearse. I believe so, one of my master's plow-irons I can swear to.
Q. When did he lose them?
Pearse. The fifth of November at night; there were two jumping collar'd-links, and a twisting nail gone.
Q. What reason have you to charge the Prisoner with these things?
Pearse. A gentleman took them a top of him.
Q. And do you know them to be Mr. Atkins's ?
The Prisoner in his defence said, that a person gave him a shilling to bring it to town.
Guilty 10 d.
Q. What did the Prisoner say?
Breading. He did not think any harm in it; the same day I cut his pocket off with a pound of sugar.
Thomas Wesbrook . The 4th of December I detected him in the morning with stuffing a lump of sugar in his pocket, after that the Captain called them all down to the hold, to work upon logwood, being too wet that day to work the sugar, and I found three pounds and a half upon him at four o'clock.
Guilty 10 d.
Mr. James Traverse . One Sarah Taylor , Sister of Elizabeth the Prisoner at the bar, I left in my house; I was absent from the 13th of August, and returned the 27th of Oct. I went again and stay'd till the 31st; so when Mrs. Traverse came to town, I desir'd she would examine her things. On Thursday Nov. 2. she found her drawers broke open; I carried Sarah Taylor before a Justice of Peace, and Sarah said it must be her sister or no body, the Prisoner owned that her sister had let her lodge in the house during our absence.
Mrs. Mary Traverse . The goods taken from me were 4 holland shifts, value 3 l. 3 muslin aprons, val. 1 l. 3 cambrick handkerchiefs, val. 4 s. 2 muslin handkerchiefs, value 3 s. 1 pair of jumps, val. 1 l. 2 l ells of holland, val. 5 l. 5 s. 1 silver strainer, val. 15 s. 3 pair of holland sleeves unmade, val. 3 s. 1 capuchin, val. 16 s. 1 piece of cambrick, 9 yards, val. 4 l. 15 s. 2 pair of ruffles, val. 2 s. part of a cambrick cap, val. 1 s. 1 cotton gown, val. 1 l, 1 s. 1 quilted petticoat, val. 5 s. &c.
Q. Where had you laid all these things?
Traverse. In my drawers in my chamber, it was lockt when I went out of town, the locks were pickt, there were six of them.
Q. Do you know any thing farther against the Prisoner?
Traverse. No, my Lord.
William Watts . I am Constable. On the 2d of November in the evening I was sent for by Mr. Traverse to his house, in order to take into custody the prisoner at the bar, Mr. Traverse gave me two or three search warrants to search for these goods, I found these things at Mr. Lugar's; here's a muslin apron, a cap and gown, a pair of cambrick ruffles, &c.
Mrs. Traverse would swear to these as her goods.
Q. Where did you find the other things?
Watts. We went to one Mrs. Eskirk's in Bunhil-row, a mantua-maker, and found seven yards of holland there.
Mr. Traverse. This is cut off from sixty one yards of Holland that I bought.
Q. to Watts. What other place?
Mrs. Traverse. The aprons and shifts are marked.
Watts. At one Brightwell's in St Giles's I found these holland shifts: I heard the prisoner say, at Mr. Traverse's house, that she did the robbery herself without her sister's knowledge, and told where all these goods were.
- Smith. On the 2d of November I was sent for by Mr. Traverse to take the prisoner before the Justice of peace, and going from thence to prison she fell down in a fit, and when she got up again, as I was going with her to the prison, she said, if I would let her go back again, she would confess all, and she said she did it wholly herself without her sister's knowledge.
Elinor Hughes . She came into my house in Golden-lane with a parcel, a fine shift, two handkerchiefs and an apron, she said they were sent out of the country by their mother, and she desired me to pawn them for some money to pay for some stays for her sister.
Court to the Prisoner. Will you ask these Witnesses any questions ?
Court. What have you to say?
Prisoner. 'Tis the first fact I ever committed; I came out of Cumberland about a year ago.
Q. Have you no Witnesses ?
Prisoner. No, my Lord.
Prisoner. Yes, Sir.
Guilty, Death .Mr. Traverse the Prosecutor recommended the Prisoner to Mercy, as did likewise the Jury .
Samuel Weyborn . I lost a plow-chain and a bolt, the things were in a common field when they were stolen, I cannot say that the Prisoner stole them, but a man came to my house and ask'd me if I lost my plow-irons, and he told me there were such and such irons at a Smith's, Joseph Saltmarsh: I went, but I would not swear to them, but my men could; I went to Mr. Long, and he came to town, and we charged them with the constable; this has been a common practice with the plows these two years, it has caused great disappointments.
Q. Did he give any reason for selling of it?
Saltmarsh. He gave me no reason, neither did I ask him any.
Seal Prisoner. This man, the Evidence, I carried the chains to, and he bought them, and he did not ask me any question.
- Hogers. William Seal brought these things to me the 14th of November, I am a nailer, and turning them out of the bag I did not like them; I told him they did not look as if he came honestly by them, and I advis'd him to carry them back where he had them.
Q. to Weyborn. How came Hambilton to be indicted? I don't find any thing against him.
Weyborn. Sir, I'll tell you, Seal said he received them of Hambilton.
Thomas Bayly . Seal the Prisoner was my apprentice , I had five guineas with him, from that time 'till about five week; ago, since I have been in the Hospital, I never heard the boy was charg'd with any thing for 13 years; I am a chimney-sweeper, and have swept at as great men's houses as in all the country, and this young man us'd to be with me, and I never knew any ill of him.
George Hambilton, not guilty, acquitted of this Indictment.
Matthew Long . The things were gone the 9th of November, it was out of a common field, Mr. Weyborn came to my house, and told me that a man had told him there were such irons at Saltmarsh's, so Saltmarsh brought them to the George at Enfield; he brought a spindle markt in my own name, and I can swear to the particular links of the chain. Saltmarsh told me he bought them of Seal, and Seal said he bought them of Hambilton.
Saltmarsh. This iron was brought all at the same time.
Hambilton not guilty .
The reason of their being tried again was, they hoped it might affect Hambilton, but it did not.
34. Ann Lawrence , was indicted for stealing on the 17th of October 1 linnen apron, val. 6 d. and 1 linnen towel, val. 6 d. the goods of Thomas Samon , and three linnen aprons, val. 9 d. the goods of Thomas Bullock .
Samon. The 17th of October the apron was in the apartment where I lie, by the Prisoner's directions I found them at the pawn-broker's. I lost the apron in September, and I took her up in October.
The Father of the child said she never lay out of the house but one night, and that was at the Prosecutor's house, and they made her drunk.
+ 35. William Wardlow was indicted for assaulting on the King's highway, and putting in bodily fear Josiah Rogerson , and robbing him of 1 silver watch, val. 3 l. the goods of Thomas Walker , and 19 s. in money the property of Josiah Rogerson , the 22d of July, 1746 .
Josiah Rogerson . On the 22d of July, 1746. as I was walking by Old-street Church in the pathway, I was stopt by two men, they told me to make no noise, but deliver what I had; upon my making some hesitation, one of them took out a pistol, and said I was a dead man: I would have given him my watch, but one of them trembled so that he could not take it, but the other did. I gave them the silver watch and 19 s. in money; then they ordered me to make no noise, nor take any notice; he with the pistol had on a light wig, and his hat tied down, the other had a dark wig; I advertis'd
Q. Do you know when he pawn'd it?
Akins. The 23d of July, 1746.
Q. How came you to bring this watch to Mr. Rogerson?
Akins. It was advertis'd, when I came to Mr. Rogerson I ask'd him what sort of a man it was that robb'd him, and he said it was a man in a seafaring dress, and had on a checkt shirt; the person that brought the watch answer'd to the description given by Mr. Rogerson. I am sure the Prisoner is the person that brought the watch to me.
Thomas Walker . Mr. Bloodwick came to me and said Mr. Rogerson had bespoke a watch of him, and as he was very busy and had diappointed him, he begg'd I would lend him one for him, which I did, and is the watch now produc'd in Court.
Court to the Prisoner. What have you to say by way of Defence?
Prisoner. I belong'd to the Kouly-kan privateer, and had prize-money due, and I borrowed 5 l. upon it, and with part of it I bought this watch; I gave two guineas for it of one of my ship's company, I went to the place where they lodged, and they had been gone to sea for a twelvemonth, but I am quite innocent of the fact.
Robert Steff . I have known the Prisoner above ten years, I lived next door to his brother, he has used the sea about five years, and I have seen him backward and forwards, and I can give him a character for an honest man.
Guilty Death .
36. Mary Kendal indicted for stealing 1 gold watch, val. 10 l. 10 s. 1 diamond ring, val. 5 l. 1 Capuchin, 1 muslin apron, a purse with a guinea in it, 1 pair of silk stockings, &c . the goods of Catharine Pierce November the 15th .
Q. Can you tell what things were left in your house when you went out to dinner?
Pierce. There was my gold watch and a gold chain, and a white cornelian seal; there was a purse and 3 moidores, a mourning ring in one drawer, in another drawer there was a muslin apron work'd, and 6 stockings, 2 silver tea-spoons. When I came home I did not think to look for my watch; the next morning I call'd to the woman to fetch my watch, and she could not find it; then I examined and found I lost many other things.
The Prisoner was carried to the Gate-house on Tuesday night, the next day by promising to be as favourable as I could, she confest 3 places where the things were; I found one apron upon her, and the Constable has the watch and many things.
Court. Did you promise in case she would confess you would be favourable to her?
William Salt . As I am keeper of the Gate-house, I happen'd to be at the Justice's at that time, when the Prisoner was there, and I went with others with a search-warrant in Dean-street to her lodging, but only found an apron; the Lady desir'd. I would use all arts I could to make a discovery, and if she would confess, she would forgive her; I got a maid-servant to lodge with her, she making little improvements, I talk'd to her the next day about the Lady's promise, which she might depend upon the assurances I gave her of a free forgiveness by the Lady, she made a full discovery, and told me of a box at Templeton's. I sent Robert Tinkner , one of the Turnkeys of the Gate-house to Serjeant Templeton's for the box, and she sent the key as a token: he is one I believe of a good character, I believe he knows nothing of it.
Q. to the Prisoner. You hear what Mr. Salt says, he swears you sent for these things.
Prisoner. I told the whole truth in a dependance upon the lady's promise.
Mary Barker . I live in King street, Westminster; the Prisoner came as an intire stranger to my house to lodge, she came the 10th of September and staid till the 17th, till the constable took her out. She gave me some cambrick to make a mob and a hood, and some Brussels lace, but on Monday night she took it away and said she had left it at the Milliners.
Ruth Templeton . The Prisoner lived with me about this time twelvemonth, she thought my place was not good enough, and I gave her a character; she used to come pretty often, she came to me last Monday and said she had some old family plate to sell, she had an old enamel'd ring, and she had a watch by her side.
Q. Did you apprehend she came honestly by them?
Templeton. She told me she had married a gentleman, and he gave her money to buy them.
Court to the Prisoner. What have you to say by way of defence ?
Prisoner. I made a free and open confession upon her promising me a free pardon.
Turnpenny. As I was walking on the Exchange , I thought the boy had got my handkerchief; the Prisoner when he was taken and brought to the coffee-house, was known to be an old offender; when he was pursued he dropt the handkerchief in the street.
Guilty 10 d.
Rivers Dickison. We lost a sack of coals; the Prisoner who is a carman brought a note, he should have thirteen sacks, and he brought but twelve, and he confest that he stole one.
- Grindal. This man was one of the carmen to deliver these coals: I stood to tell the sacks before he emptied any, he had got an empty sack; I told Mrs. Dickison of it and Mr. Atkins the wharfinger. Mr. Atkins went directy to the Prisoner's wife, and askt where those coals were that her husband had left, and she shewed them behind the door, and said there they were.
Charles Gurnty . On the 23d of Oct. he, the Prisoner, came under a pretence of having a coat pawned there; while I went backwards to look for the coat, he jumpt over the counter and took the gown : it was a mere pretence, he had no such thing there.
Q. How did you get it again?
Gurney. By his Direction.
Ely Hillier I am a constable; they brought him down to my house, but he would not confess any thing; when he came back he said he would go in private with me and confess it, which he did; but another constable searched for it *.
Guilty 4 s. 10 d.
* The Prisoner was tried in December Sessions, 1746. See Sessions Paper of December, 1746 Trial the 4th.
+ 40. Ann Wright , was indicted for stealing on the 23d of Oct . 3 cambrick caps, val 1 s 2 pair of holland sleeves, value 6 d. and 10 pounds in money, the goods of Robert Britain , out of his dwelling-house .
Robert Britain . This Ann Wright , about the 8th or 10th of Oct. desir'd lodgings at my house, she was servant to the people that lived there before, she desir'd to lie with my maid; in the mean time she got a private key, and out of a box she took ten pounds: I put up that money to pay the brewer, but two days before, there were between twenty-seven and thirty pounds in one box, and she took ten pounds of it; f ame the 23d in the evening and said nothing to any body. Immediately I sent to Daxson the constable and charged him with her, and I found a cap and pocket upon her; afterwards she confest 4 guineas that she gave to a man in Clare-market.
Jane Britain . That pocket is not mine, but the caps are mine; they were taken out of her pocket under her pillow the 23d of Oct. she said she brought them that night in order to leave them; these things were in my room which she opened by a false key.
This key I found was the key that will open the chamber-door, and the other key opened a box; when we took her up she owned she let a shoemaker have 4 pounds in Clare-market.
The Prisoner said the door was open.
Guilty 4 s. and 10 d.
Stephen Rose . I have lost a great many working tools out of the yard, last Monday she stole an ax, I would have given half a crown for what she sold for three pence; she was seen to take something from the sawpits that seemed to be heavy, and they pursued her and took her, and I desir'd they would detain her till I had dined.
The Prisoner in her defence said, this ax was given her by a woman.
Warren. I saw the Prisoner come from the sawpits last Tuesday; I saw she took up something heavy, and I followed her to the ditch-side. At first when I saw her she had it in her right hand, then she shifted it to the left hand, and put it under her apron; the files were found in her pocket after she was in Bridewell.
It appeared upon the evidence of Mrs. Elliott, that the Prisoner lodged in her house.
Q. Do you know any thing yourself of the Prisoner's opening the bureau?
William Cowderoy . She lodged a week at my house, she took a brass candlestick, a brass saucepan, a sheet, a table cloth; it was in her lodging-room, she took her lodging ready furnished, she owned her taking the goods the minute that she was taken, and told us where she had pawned them.
Horden. The goods were pledged in the name of Lewis.
As these were pledged in the name of Lewis, and Horden's wife being dead, there was not sufficient evidence against the Prisoner.
47. Bridget Green , otherwise Shepherd , was indicted for stealing 1 silk waistcoat, value 5. 1 shirt, val. 2 s. 1 pair of worsted stockings, value 1 s. 1 pair of clogs, val. 1 s. the property of James Wither , Nov. 1 .
Jane Withers . I lost a waistcoat the first of November, a shirt, a pair of man's worsted stocking, and a pair of clogs; I lost them out of my house, she lived with me, she was out of service: I gave her board and lodging, my husband wanted his things the Sabbath day, and I missed the waistcoat; she was below when I went up for the waistcoat, then she went away when I missed it, and finding she was gone, I pursued after her to one of her acquaintance, and there I found her, and she owned that she had pawned them.
Prisoner. Mrs. Withers consented I should pawn these for nine shillings, when I was like to be in trouble.
Withers. The pawnbroker said, she had brought the waistcoat twenty times, but I never missed it; She took it out again before it was wanted.
Atkins. The Prisoner has brought the waistcoat to pawn several times, I cannot say how many, but I have lent three shillings upon it, and four shillings upon it, and all within 2 months, it has been fetcht and brought again.
Q. to Withers. Did you send her to pawn any thing?
Withers. I never did pawn but one mob and a gown, when I wanted a little money.
Q. to Barker. How long have you known this woman?
Barker. I have known her for some years charing about in the neighbourhood.
Q. to Mr. Atkins. What is her character ?
Atkins. I have known her 4 or 5 years, and have had dealings with her 4 or five years, and she has
+ 48, 49. Elizabeth White , otherwise May , and Ann Page , otherwise Mary Willis , indicted for robbing on the King's high-way, on the 7th of November , Joseph Lasebee , and putting him in fear and danger of his life, and stealing from him his proper money from his person .
Joseph Lasbee . I was coming along the Strand upon the 14th of November between 8 and 9 o'clock in the evening, two women stood at the corner of a court near the New Church they said, countryman! I stopt, and ask'd them what they had to say to me; they directly laid hold of me, and bid me come to the end of the alley, and that I need not be afraid. no-body would hurt me. I stept to the end of the alley, and ask'd them what business they had with me; they ask'd me for a dish of tea: I said I had no such thing: then they ask'd me for a dram; I said I must go about my business; then they took me by the colar and pull'd me down; I clapt my hand to my coat-pocket to secure my money; then they endeavour'd to pull me down; I took my hand out of my pocket to defend myself, and I found Elizabeth White 's hand in my pocket, and the other had hold of my colar at the same time; she took her hand out of my pocket, and I found immediately my money was gone, and I said I am robb'd. White went away, and the other had hold of me, and when I would have gone, she d - d me, and would not let me go: It struck such a terror upon me, I did not know whether she would cut my throat, or what. I broke from the other woman and followed Elizabeth White ; and I told a man in the Strand that I was robb'd, and he told me of a Justice in the neighbourhood, that I might go to; I kept with White, and the other followed me for some time; at last she left me, and brought in a little time five or six men, the first, like a soldier, run his head against me; and another, like a gentleman, said he was a Constable, and if I would not let the woman go he would knock me down, which he did: but I would not quit her; then another knock'd me down. I was knock'd down three times, then they took them both away; then they drew me towards the end of the alley, and said they would knock me or any body else down that offered to come after them. There was a gentleman said to me, I know a house where a gang of very bad people use, where I will go with you, and do you justice: as soon as I came in I saw Willis, and charg'd a Constable with her, and we had her before the justice, and he committed her: I came to town to prefer an indictment against Willis, and I heard the other was in New Prison, and I am positively sure she is the woman that assaulted me: I have no farther to say.
Q. Do you usually carry money in your coat-pocket?
John Frazier . I am a weaver by trade; I was coming towards the New Church in the Strand, and heard Lasebee cry out for help: he said, I have lost 16 s. When I went up to him the two Prisoners were three or four yards off; we seized White, and Mary Willis was scolding at us for holding White; I had hold of White with one arm and the Countryman another; Mary Willis was very willing to go up Katharine-street, and she said that was the way to Justice Burdus; as we were up the street we miss'd Willis a little while: in a little time five or six men came up; we that came was a soldier, he run his head against him; and another came up and said he should let her go; if he did not, he would knock him down, which they did two or three times, and after they had releast the Prisoner they went up Katharine-street; I watched them into a house and I went back to the Country-man again, and a gentleman at an oil-shop offered to assist him; I told him where they were gone, and the Gentleman went with the Countryman to an ale-house, and there we found Willis and took hold of her.
Q. Are you sure White is the woman you had hold of with the Country-man first?
Frazier. Yes, I saw her last week in New Prison.
Tho Richardson . Between St. Katharine-street and the New Church these two men had hold of her, White the Prisoner and Willis collar'd the Countryman; I heard him say he was robb'd and his collar was all tore: as they were carrying Elizabeth White before the Justice, there came up a soldier and run against the Countryman, and presently some more fellows came up and struck him several times and made his head bleed; after this the Countryman and the other Witness went to this house in the court in little Katharine-street, and there we found Willis the Prisoner.
Q. Which is the person they call Page?
Indd. Willis is the youngest person; I have known her seven years, and never knew her any thing but a common woman.
Q. Do you know White?
Indd. Yes, five or six years; she lives in Drury-lane.
Q. Do you know who keeps this house in Little Drury-lane?
Indd. Their names are Smith; Willis has lodg'd there these two years. One of the Prisoners goes by the name of May, and the other by the name of Page.
Q. to White. Have you any thing to say, or any Witnesses?
White Prisoner. They were here all yesterday, but now are gone home. I never saw this man the prosecutor, 'till I saw him in Prison.
Q. to Willis. What have you to say ?
Willis. He ran after two women up the court and knock'd me down.
Q. to - Allison. Do you know Lasebee the Prosecutor?
Allison. I keep a publick-house at Brandford, I have known him near a year, and he is a man of as honest a character as any in the country.
Christopher Wood . The Prisoner was a lodger of mine in buckle-street ; she lodged half a year with me; and she made away with a sheet and a tea-kettle out of the room, and she pawn'd them with one Mr. Ray; they were taken away the 20th of last month.
Hanah Wink. The Prisoner lodged with Mr. Wood, Anna Maria Fullstone gave me the sheet and tea-kettle to pawn about three weeks ago, and I pawn'd the teakettle with one Mr. Ray for half a crown, and the sheet for fourteen pence, and I gave her the money.
Court. Why then you gave her a power to dispose of them, so that they were ready when you ask'd for them. Did she pay you any extraordinary rate for the use of these things?
Wood. Nothing extraordinary, but 2 s. a week.
Prisoner. I always paid her very honestly.
Wood. She did, my Lord.
51. Elizabeth Foster , was indicted for stealing on the 22d of November , 1 silk petticoat, val. 5. 1 Holland Shirt, val. 9 s. 3 linnen clouts, val. 1 s. 2 pair of cotton stockings, val. 2 s. the goods of Ann Holton . And 1 velvet hood, val. 4 s. the Property of Ann Burton .
Ann Holton . She came with my daughter's hood upon her head. My daughter's name is Ann Burton . The Prisoner lay in my house while I was looking after Mr. Neal, and she was to pay me eighteen pence a week to lie in my bed. She came to me to Mr. Neal's to pay me for her lodging: when I came home I miss'd two pair of cotton stockings, 1 holland shirt, and a linnen apron; all these things I miss'd; the hood she had on was my daughter's I have not found those things again that are mine.
Ann Burton . I live with my mother in the same room, and the prisoner came to my mother's room about 9 weeks ago; I lost my hood when the Prisoner was gone, and I lost an apron and hood; the table-cloth she sent again, but I have not the hood nor apron again.
Q. Did you see the hood?
Burton. No; but I was told it had a broad lace.
Mary Heming . I have nothing to say but only I saw her take a parcel out last Saturday sen'night, but I can't tell what it was: she own'd she had the table-cloth, which is return'd; the parcel was in a silk handkerchief.
Prisoner. I had a Counsel and Attorney, but I heard the Bill was flung out.
52. Mary Williams , was indicted for stealing on the 12th of October , 1 cotton and silk gown, val. 18 s. 1 pair of stays, val. 2 s. 1 pair of worsted stockings, val. 6 d. the goods of Elizabeth Sayer .
Elizabeth Sayer . The Prisoner was a lodger with me three months, and went away the 12th of October; after she was gone I miss'd a silk and cotton gown, a pair of stays, 1 pair of worsted stockings, and a blue ribbon; I have found only the gown, I had not that 'till a month after; I took her up the 10th of November, and I found the worsted stockings upon her legs; we found the gown at a broker's; she told us where it was, at Mr. Wile's in White-cross-street; where it was pawn'd for 4 s. and the stays she said she had sold over the water.
Sayer. I never lent it her, nor she never asked me to do it.
Prisoner. She lent it me to pawn to go to market, and I was afraid to come home, because I could not make up the money.
Q. What reason have you to think the Prisoner had it?
Wood. I found it at Mr. Jones's.
Richard Jones . I live in Katharine-wheel-alley, Whitechapel; I am a pawnbroker. The Prisoner brought the tea-kettle to my house to pawn, I knew the Prisoner about three quarters of a year before; she has pawned a handkerchief or a pair of pattens, but never such a quantity as this.
Prisoner. Mr. Wood keeps many lodgers, and his house was publick; I am innocent of it as a baby that is just born.
James Pike . The Prisoner at the bar was servant in the house, I was sick and could not get work, and so mean I did not ask for any; so she and I were to go into the country to sell ballads, as she knew that better and I. I said, is all safe that there be no scandal upon us? we went at first into Fleet-market, there she sent me in for a half-pennyworth of pease-porridge; I came out sooner than she expected, and I saw her offering a sheet to sale; when I saw that, I dragged her along till we came pretty near to my landlord's, and then acquainted them, and they took her.
Prisoner. They sit up all night with thieves and whores, they sit up till 5 o'clock in the morning.
Thomas Carpenter . I lost this lead the beginning of Oct. last, my wife found a hole into our house from another house adjoining to it; I went upon the house, and there I saw the lead missing, and the witness with me saw a parcel of lead took from the gutter. On the 20th of October, I saw another great hole in the house joining to mine; I went upon that house and I saw a hole; I went upon another, and there I saw the Prisoner behind a stack of chimnies: I asked him what business he had there; he said he fled from a press gang, and I found a couple of case knives, and a porter's knot, and a bag at the side of him. I asked him about the knives, he said, he knew nothing of them, but he owned the knot.
Q. Have you found your own lead again?
Carpenter. Yes, my Lord, in my own house.
Q. Why do you charge him with your lead?
Carpenter. Because I found him in the other house.
Robert Barker . Sarah Lax , and Robert Ward came to my house the last Sunday between nine and ten o'clock in the morning, I was dressing my self when they came in, and the woman took the two aprons, and they handed them to one another: the man Prisoner had these aprons, and they accused one another, and I can swear to these aprons.
John Bedford . I am a constable; Mrs. Barker sent for me; when I came there, she said that the Prisoners had robb'd her of these aprons, and 4 s. and 6 d. in money; Mrs. Barker had the aprons, the 4 s. and 6 d. was tied in one of the aprons; she told me that the man had robb'd her of two aprons, and Ward the man Prisoner threw them into a neighbour's house, and the neighbour brought them to Mrs. Barker; the man Prisoner said, * Sarah Lax gave them to him ; the man owned he threw the aprons into the neighbour's house.
* Sarah Lax, before indicted.
See sessions Paper of June, 1746. Nov. 5. Trial 141.
The Prosecutor not appearing the Prisoner was acquitted .
John Kent , was indicted for stealing, on the 3d of November , one cotton gown, value 30 s. one camblet gown, val. 5 s. one linen shift, val. 4 s. one linen apron, val. 6 d. one cloth coat, val. 5 s. the goods of David McCulla , out of his dwelling-house .
David Mc Culla . On the 3d of December, a witness in court saw the Prisoner go out of my house with a bundle, and she told me of it, and I pursued him, and took upon him one camblet coat, a cloth coat, a linen apron, and one linen shift: All these things were taken from my kitchin; and I took them upon the Prisoner, between 5 and 6 o'clock in the evening, about an hundred yards from my house.
Q. What are the worth of these things?
Mc Culla. I valued them at 4 s. and 6 d. when I took the goods from him, he joined both his hands to a stick, which I will show, and it had a tuck in it; I did not give him an opportunity to draw it, for we laid hold of his arms.
Prisoner. Ask him whether I made any Resistance.
Court. He swears, that you put your hand to the stick, in order to draw it.
Court to the Prisoner. What have you to say for your self?
Prisoner. These things and the stick was given to me, by a person to carry for him to the other side of Tyburn.
Catharine Barber . I saw the Prisoner go down to Mr. Mc Culla's door; and there were two more with him, I saw him go down into the house, and come out again with clothes, some of the things were wet. I went over, and told Mr. Mc Culla directly, and he run after him: I was opposite to Mr. Mc Culla's door; and there was a lamp, that I could discern him from an hundred; he had a leather apron. And this was confirmed by two other Persons.
Daniel Mc Ancy . Mr. Mc Culla and I went after the Prisoner, and we came up to him, and threw him down directly; gentlemen, says he, let me have my stick. So I took hold of his stick, and said, let us disarm a thief; he was very earnest for his stick.
Prisoner. A man gave me a shilling, to carry the things to the other side of Tyburn-road; There were two men gave me the things; and when I was taken hold of, they run away.
Mc Culla. Not five minutes before he went to light a candle in another house near to mine.
Q. To Barber. Had he any light in his hand?
Barber. I did not see any light he had.
Ann Hutton . The Prisoner was drinking about five o'clock in Berwick-street, with a soldier; and as I came out, I saw two men ask him to go on an errand, to carry some things the other side of Tyburn-road.
Q. Where do you live?
Hutton. I live near this place.
Q. Did you know that he did go?
Hutton. Yes, he said he would go to earn a shilling, for if his wife knew of it, she would not let him have sixpence in his pocket.
Margaret Pinkey . I keep a chandler's-shop in Russel-street Covent garden. The Prisoner has worked for me, and I have entrusted him in my shop; he fitted it up for me; he is a carpenter ; I never knew him wrong me.
Q. Is his master here?
Mc Kelney. No, he is gone to see the serjeant hanged to day.
Court, What, would he go to see a man hanged, and not come to save one from it?
Robert Rentham . I have known the Prisoner these three years; and I have entrusted him many times in my house; and I have an 100 l. worth of plate about it, and I never knew him to wrong me of any thing.
Guilty 39 s.
Q. When did you find it?
Thomas Wing . I live next to Mr. Halton.
Abraham Cook another witness. He was at work opposite to the house, and he gave notice the shop was robbed. I went and took hold of Elizabeth Bennet , about thirty yards from the place; when I took Bennet, the other had stepped before. Bennet had the goods. All I said to the Prisoner was, that a neighbour saw her take some goods from the shop; so I brought her back, and the linen was under her coats. I saw the two Prisoners loitering about the place two hours before.
Abraham Cook . I was at work, opposite to this gentleman's shop-door; and I saw the Prisoners go to and fro, above half an hour before the robbery. I saw Bennet take some things out of the shop, and the other Prisoner stood close to her, with her back to her, to see if any person came by.
The Prisoners had nothing to say, but that their witnesses waited yesterday, but were not here now.
Both guilty, 4 s. 10 d.
George Watts . On the 6th of November, the Prisoner came into Mr. Garnam's shop, between 6 and 7 o'clock; and he came up to the place where the halfpence were; I heard his hand among the money; we had a suspicion of the Prisoner; we lost money before, but I did not see the Prisoner take any.
Court. We believe this to be the first instance, of a man committed for stealing 2 d. and now not proved; a most infamous thing, to commit a man to Newgate, for stealing of 2 d.
63, 64. Peter Tickner , and James Hodges, commonly called and known by the name of Poison , were indicted for unlawfully and feloniously assembling themselves together on the 22d of Dec . in the eighteenth year of his Majesty's reign, in Lidlight near Lid at the sea-coast, for being armed with fire-arms and other offensive weapons, in order to be assisting in running and carrying away several uncustomed goods, that is to say, a large quantity of tea, then lately imported from parts beyond the sea; upon which goods were duties due to his Majesty, not paid , to the great Diminution of his Majesty's revenues, and against his crown and dignity.
Solicitor General. Gentlemen of the Jury, the two Prisoners at the Bar, Peter Tickner , and James Hodges , otherwise Poison, are now indicted for having been arm'd and assembled together with other persons above the number of three, arm'd in order to aid and assist in the running uncustomed goods. And they are indicted for the offence in transgression of a statute made the 9th year of his present Majesty's reign, that if any persons to the number of three or more, after the 17th of June, 1736, shall be assembled, arm'd with arms, fire-arms, and other offensive weapons in order to be assisting in running, landing, and carrying away uncustomed goods, and upon conviction of such an offence, shall be judged guilty, and shall be transported.
The Legislator has been forc'd since to make that offence capital, but the present charge against the prisoners is within the act of the 9th of his present Majesty, which is transportation. You need not be told, because it is very notorious the different steps the government has been forc'd to take in order, if possible, to get the better of the crying offence of smuggling; they have try'd all methods, indemnit ies and punishments; they have from step to step try'd different degrees of punishment: in the 9th of his present Majesty it was thought it would be sufficient to break the practice by making it felony by transportation. You very well know that smuggling is carried on without paying duties to answer the expences of the public; and it is not barely defrauding a little, but 'tis carried on by a kind of rebellion in defiance of the Magistrate; therefore they go arm'd 30 or 40, and perhaps a 100 in a gang: there is no magistrate, or officer where they reign (if I may so say) can put any laws in execution against them. Therefore the legislator found it necessary to come to another act, and 'tis by vertue of that law it is now made capital, that was an act made in the 19th of his present Majesty: for 'tis now a struggle between the government and this banditti, which shall get the better. All offences against this act, or any former acts of this kind, may be try'd in any county; and it is on the former act it now comes before you. The Prisoners before you are of a gang well known by the name of the Hawkhurst gang. A great number associated together, to carry on this lawless practice of theirs, and they carry it on in an open public manner.
The two Prisoners at the bar are the two principal, or perhaps ringleaders of the Hawkhurst gang; the particular offence they are now charg'd with, was on the 22d of December 1744. It may be material to state to you, that we have one that happens to have an opportunity to prove the fact so clearly upon them, that they were armed themselves, togetherJohn Bolton , one of a good character and reputation for 14 years in the government's service, but his Integrity had like to have cost him dear; he thinking the law would be sufficient to justify him in the exercise of his duty, thought to check some of their practices in the county of Kent; when he was returning back, he put up at an Inn to refresh himself, call'd the King's-Head-Inn in Shoreham; he happened to be there with two other officers, and they were soon alarm'd with a great noise and shouting, and they found the Hawkhurst gang was come: upon this, they went to hide themselves; when this gang came to the house in pursuit of these officers, they swore they would have them, or they would pull the house down; and they found the witness, Bolton, and the other two persons, Jones and Floyd; they did not get back again, but he did, and is now able to do his country justice. As soon as they found them, they tied their hands behind them, and tied their feet by the stirrup; then to strike a terror to other people, to shew how dangerous it was to oppose them, they whipt them towards Tunbridge; and when they came to Hawkhurst, then they disciplin'd them with their stirrup-leathers; and when they had done this, they carried them afterwards to New-Rumney; they were afraid of their escaping, so they carry'd them, and particularly Bolton, the witness, upon the 22d and the 24th of December, to Lidlight in the parish of Lid in the county of Kent. They took the prisoner with them, and took out the goods before him, and he was kept in their custody for a while; but afterwards he providentially got away from them. While he was there he saw the goods brought from on board the cutter. The goods that are generally run for the ease of carriage and stowage are tea, brandy or wine in small casks. The tea, when it comes from Flushing, Boulogne, or any of the opposite coasts, they put on board the cutter all in oil-skin bags; and these bags are tied together, so that when they come to shore, then they have nothing to do but throw them across the horses; sometimes they ride upon them, and sometimes they have drove horses.
No fair merchant ever imports tea in oil-skin bags; 'tis well known by all the people in the country, when they see oil-skin bags, whose they are. Neither can any brandy or wine be imported in any cask less than 60 gallons, but they always import it in casks they call half-anchors, and they fling them the same way. Another witness saw the Prisoners on the 27th. in another place in the county in the same gang with oil skin bags and brandy, carrying it from the coast. If you are satisfied with this evidence, you will do the country justice, and prevent a great many other people from entering into such associations.
Bolton. Yes: December the 18th, 1744, I was sent down to a place called Kingsdown, and returned back again in the forenoon, when I came to Shoreham.
Q. Who came with you there?
Bolton. There was Peter Floyd and John Jones , and one of our horses being lame, we were obliged to have the horse shod; while we were there, in about an hour and a half, all of a sudden we heard a prodigious firing, and it was a gang of smuglers.
Q. How many?
Bolton. Eight of them. They came up to the ale-house; hearing of such a number coming, we went and hid ourselves, but they seeing our horses, threatened they would have us, or they would pull and fire the house down; and upon searching, they found us, and robbed us of our arms and money, and they tied us to the stirrups, and had us down to Hawkhurst; after they had us there some time, they stripped us naked all above the waist, and then they began to cut us in a very terrible manner: They put horse-locks about our legs, and kept us in chains. On the 20th, there was a vast number of horses collected together, and then we were put upon horses again, tied, and carried to New-Rumney, and eight or ten with us; and Hodges was with us at New-Rumney, and sat up with us two nights. I am positive to Hodges, he hit me three or four blows.
Q. How long did you continue there?
Bolton. We continued these to the 22d, and word was brought that the Boulogne boat was come in; then the horses were got out directly, and we were put upon horses and tied: Hodges went down with me in company with the horses to Lidlight; when we came there I believe there were two hundred horses and one hundred men.
The great length of many extraordinary trials this Sessions makes it absolutely necessary to publish them in two numbers, the latter of which, together with the remaining part of this trial, will be published in a few days.
HELD AT JUSTICE-HALL in the OLD-BAILEY,
On WEDNESDAY the 9th, THURSDAY the 10th, and FRIDAY the 11th of December,
In the 21st Year of His MAJESTY's Reign.
BEING THE First SESSIONS in the MAYORALTY of the
NUMBER I. PART II.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1747.
King's Commission of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.
Q. WERE the men arm'd?
Bolton. Each of them with a carbine and a pair of pistols.
Q. Was Tickner at Lidlight ?
Bolton: Yes; I was as near to him as I am to you. Hodgers had a pair of pistols and a carbine; to the best of my remembrance, Hodger's was a brass carbine, and Tickner's was an iron one; and most of them were arm'd, some with a carbine and a pair of pistols, some in bags and some on their backs.
Q. When they came to Lidlight, what did they do?
Bolton. Some were standing about, and some were landing of tea in oil-skin bags. I believe, to speak within compass, there were five tun contained in oil-skin bags: I saw their loaded horses, and there was a waggon with four oxen and two horses, and a cart with two oxen loaded with brandy and wine. As to the brandy, I drank some of it upon the Beach. The prisoner Tickner, after he had loaded the horses, went away, and left a great many people upon the Beach.
Q. What reason had you to apprehend it was tea?
Bolton. By all their discourse, and it was in the same package as I always seiz'd it; and the brandy was in half anchors.
Q. From what discourse did you conclude this to be tea and brandy?
Bolton. By their discourse of its coming from Boulogne; and they intended I should be sent over to Boulogne.
Q. Did you see them aiding and assisting in carrying away these goods?
Bolton. As for Tickner, I saw him loading the horses; as to the other, I did not see him load; but I saw him there armed with the rest: I saw three or four boat loads come from the cutter.
Sol. Gen. How long have you been an officer in the customs?
Bolton. Twelve years.
Q. Are you acquainted with the package of tea and brandy?
Bolton. There is a canvas within side of the oil-skin, and the tea is within that, and generally put up in quarter of hundred bags; sometimes there will be two bags tied together,
Council. How many times have you been an evidence against people concerned in this practice?
Bolton. I believe twice.
Council. Was you ever an evidence at Rochester? and was you not an evidence the last Sessions?
Bolton. I answered the question as to the manner of their smuggling tea.
Q. Did not you know that Tickner was in custody in Maidstone ?
Bolton. I don't know whether I did or not.
Council. Did not you know that he was to take his trial at Rochester assizes ?
Bolton. I heard he was in custody.
Council. Surely you can recollect the time. How came you not to remark the time, when you first heard that Tickner was in custody? can you tell whether it was two or three months ago? when did you first give your information against Tickner ?
Bolton. I can't say.
Council. When you first heard he was in Maidstone goal, how came you not to prosecute? how came you to recollect this 18th of December?
Bolton. I can't but remember it.
Sol. Gen. Do you think any man whipped as he was, could ever forget the day?
Council. What habit had they?
Bolton. They had both of them light coats; Tickner loaded his horse near to me.
Council. Can you pretend to say you knew what was in those bags ? can you tell that it was tea ?
Bolton. I believe it was; they pegg'd one of the casks of brandy, and I casted it.
Council. How do you know it had not paid duty?
Bolton. I believe it had not, they waited two or three days for the boats coming from Boulogne.
Council. So it is upon your belief, that these goods had not paid duty?
Bolton. I saw it brought from the sloop, and the brandy I drank of.
Council. How came you to be in that country?
Sol. Gen. They carried him there and whipped him.
Bolton. We were to have been put on board the vessel, but the sailors belonging to the smuggling cutter would not take us on board; the smugglers fired at the sailors, and the sailors fired at them.
Serjeant Hayward. I am sorry to hear that.
Council. How long have you known Tickner?
Bolton. I can't say that I ever knew him before I saw him upon the Beach.
Council. How many times have you seen him since that?
Bolton. While I was with them I saw him four or five times.
Anderson. Yes, Sir.
Q. Where did you see him?
Anderson. I saw him at a place called Waddon, in the county of Surry, about the 6th or 7th of September, 1744, he was loaded with oil-skin bags and half anchors, and five or six men, and six or seven drove of horses loaded with oil-skin bags and half anchors
Q. How long have you lived in that county?
Anderson. Many years; I was bred and born thereabouts, I never saw any tea belonging to smugglers, but what was packed in oil-skin bags; all that I ever seized was in oil-skin bags.
Council. How often have you seen Tickner before?
Council. When had you the first information that he was taken up?
Anderson. I saw him brought to town through the Borough.
Council. How long ago did you give your information ?
Anderson. I gave information to his Majesty's Solicitor, that such a person was guilty of such an offence; I did it voluntarily.
Council. Did not you hear he was taken up?
Anderson. I went and told that I knew such a person.
Council. Did not you know that he was a farmer ?
Anderson. I was not acquainted with his farming business, he was always accounted a notorious smuggler.
Sol. General to Foster. Give an account in what manner tea and brandy are stowed.
Foster. I have been an officer of the customs above thirty years, and in the course of that time, I have seized large quantities of run goods, forty or fifty tons at different times from gangs of smugglers, and I never met with any goods in oil-skin bags but tea; and whenever I found these bags, I was certain they were nothing else but tea, and when I opened them they always proved to be tea. Now as to brandy, it is much the same as to package, especially when it comes from the water-side; they bring it in half anchors, in order to carry them easily upon horses. I don't know that I have found an half anchor, but has had brandy; as to the difference between tea that has paid the duty and what is run, I apprehend is this; no tea can be imported into England, but must be brought to London, no private person is permitted to bring it any where; I never knew any tea imported but in casks or tubs, nor do I know that liberty is given for any body to import, but to London.
Q. What do you take to be the reason of their stowing it after that manner?
Foster. I apprehend the reason is, that it might be portable; they generally when they are loaden, are tied with cords to be put more readily into sacks; and when they are so tied, a man may easily set upon the bags.
Council. Suppose a person had a mind, could he not put lace in those bags?
Foster. I don't say they might not, but I never met with any such thing.
Sol. General. Five tons of lace for instance.
Foster. If they were lace or silks, it would appear in another shape, you would see the rolls; if silk was put into bags it would appear, if there is tea in those bags, it will appear as oats or other corn to fill it around.
Council. Suppose a man had a mind to lay out five hundred pounds in linen, and carry it in that manner ?
Foster. I think there is no doubt at all, but when any man sees these bags he can tell; he can tell whether it is piece goods, or tea, or coffee; besides, linens are never imported in oil-skin bags, they are commonly in casks.
Council. They that purchase tea at the Custom-house have proper authority to put it into these bags, have they not?
Foster. Yes, but I never knew it done; for it hurts the tea, and gives it something of a taste.
Court to Tickner. What have you to say by way of defence?
Tickner. I never saw Bolton but once, and for curiosity, I got off my horse and went and saw him; I heard a great noise, I was plowing in the field, and went out of curiosity. I went up to the hedge to see them go down; it was on a Friday, and the next day he swore to me. I never saw the man before, I never saw nor knew any thing of him. I could prove that I loaded five bags of
Hodges. I never saw the man, the witness.
Both guilty of the felony whereof they stand indicted.
Thomas Millischamp . I saw the little one, called John Fling , take the shoes out of the window in my shop, and the other boy was along with him; I ran after them and cry'd out stop thief, and I saw them throw down the shoes : I never lost sight of them, and they have been in Bridewell ever since the 28th of October.
Both guilty .
Samuel Blackwell . About a month ago, I missed some tea out of a six pound canister. I asked my journeyman if he had sold any of it, he said he had not; my little son said, I am afraid the officer has robbed you, for I heard the head of the canister taken off. I then said, I would try whether he was an honest man or no, so we weighed our tea and some bails of coffee; and when the Prisoner came, as I was forward, I thought I heard the canister's head go off: so I says to the journeyman, I want to see how much tea is in those canister; and as he weighed them I looked at him, and he shook his head; I said is my tea right? he said, no sir; so I caught hold of the Prisoner and sent for the constable, and took the tea out of his pocket.
Q. What did the Prisoner say ?
Davi. He was very sorry for it, and said, it was the first time, he was in an agony and said, the devil was in him, and he did do it.
Q. to the Prisoner. What have you to say by way of defence ?
Jewks. I have some friends to call.
Mark Jenkins . I have known the Prisoner at the bar fourteen or fifteen years, and have dealt with him seven years; I never knew any thing of him in any shape, but what was very honest. In the last bill he discovered a mistake to my prejudice.
There were many more to the Prisoner's character.
+ 68. Samuel Austin , was indicted for unlawfully and feloniously assembling himself with a number of other persons upon the 5th day of August last, in the parish of Lid in the county of Kent , with fire-arms and other offensive weapons, in running and carrying of goods that are liable to pay duty, that have not been paid and secured against the statute , and against his Majesty's crown and dignity.
Sol. General. Gentlemen of the Jury, the Prisoner at the bar, Samuel Austin , is indicted, that he, together with one Thomas Fuller (tried the last Sessions) since the 24th of July, 1746, about the month of August, 1746, were assembled with a great many others armed, and they armed in order to be aiding and assisting in running uncustomed goods, and goods lable to pay duty, that have not been paid or secured,
The Prisoner at the bar is indicted upon a statute which hath made the offence more penal, because he is indicted on an act of Parliament made in the 19th year of his present Majesty's reign; by that act, if any persons, to the number of three, with arm'd force, be concerned in running and landing uncustom'd goods, they are guilty of a capital offence. The only question will be, whether this person is guilty of that offence? As to that, the case stands thus: In the beginning of August, 1746, the Prisoner with about twenty or thirty others, all of them arm'd with fire-arms, blunderbusses, and other offensive weapons came to a place call'd Lid, in Kent, to an Inn known by the name of the George-Inn, they came on horses, and drove horses with tea in oil-skin bags, and brandy in half anchors : and in this manner they came about the beginning of August to Lid in Kent. They came from a place call'd Lidlight, near the coast, into the country with those goods. These men were the greatest part of them arm'd, and with goods flung upon their horses. And, Gentlemen, you will find it prov'd by the witnesses, that the Prisoner now at the bar, this Austin, was one of them; that he was aiding and assisting, that he was arm'd, carrying goods in oil-skin bags, and liquor in those casks towards London. We have another witness that saw them a mile distant from the George-Inn, and will prove the Prisoner to be one of them; but I imagine before I mention it you will easily believe your selves, that neither of the witnesses had courage to stop the gang, nor dare desire to see what they had there; therefore 'tis impossible for them to say they opened the oil-skin bags or half anchors. If the Prisoner can give evidence, and show what was in those oil-skin bags and half anchors, and that it had paid duties, this would be a defence; then you will consider it as the general method for stowing tea and brandy. You know the law in that case, that brandy can't be imported under a sixty gallon cask; tea cannot be imported into any place in England but London. They import it in large chests lined with lead; but smugglers that bring it from Flushing and Boulogne, from the opposite shore, the general account, you have had it already prov'd by several witnesses, that there is not, nor never was any package in these bags but tea. The witnesses will tell you, upon seeing them, they verily believe it was tea and brandy. If they can make a defence, and prove that it had paid duty, that would be a defence.
Another circumstance ought to be taken into consideration, which is, the behaviour of the Prisoner, to shew how far from hence guilt is to be infer'd; 'tis always look'd upon as a material circumstance, that if a man attempts to escape, if he uses extraordinary measures for that purpose it is no argument of his innocence; and as he might expect to be try'd in two or three days by his country, if innocent, he could be under no apprehension of a long confinement, why then should a person make so desperate an attempt to escape as he did on Wednesday morning ? It was not the bare apprehension of lying long in prison, that this person (with some others) attempted to cut off his irons in an extraordinary way, but the hopes of a great gang in the heart of the city of London being ready to carry him off. This shews that what the dreaded was a trial.
Wills. Yes, Sir, I wish I never had; I have known him four or five years.
Q. Did you see him since July 1746 in company with smugglers, running and carrying off uncustom'd goods?
Wills. I saw him particularly, to the best of my knowledge, in the year 1746.
Wills. All I have to say of the day, I think it was the 5th of August, that day I was carrying a pair of shoes home to the George-Inn, about eight o'clock in the morning, for the landlord's daughter, and I saw him, Fuller, and several more at that time; and I believe there were threescore horses with him: when I had intelligence they were there, and saw them, I did not go, having been abus'd several times by the same man; so I went into another house, where I stay'd a little time; then I went home with the shoes.
Q. Do you know the Prisoner was there?
Wills. Yes he was; and there were forty men and sixty horses, and the Prisoner had a carbine flung over his shoulder; but I cannot say whether he had pistols or not.
Q. Were they in general arm'd?
Wills. I believe there were twenty arm'd on horseback: as to the Prisoner, he had a little matter of tea upon his horse.
Q. Were their horses loaded ?
Wills. They were loaded with oil-skin bags and tubs.
Q. Did they seem to you to be full?
Wills. They were full of something.
Q. Of what size?
Wills. Four gallons a-piece by my computation; then they all march'd away from the George towards Old-Rumney road, and the Prisoner was one.
Q. Is that the way from the coast?
Council. Wills, you was here the last sessions, was you not? what time now was it you saw the prisoner?
Wills. It was between the hours of six and nine.
Council. Think once more?
Wills. No, I won't think any more, it was so.
Council. How long have you been acquainted with the Prisoner?
Wills. I have been acquainted with him too much for my profit; he has done a great deal of damage to myself and my family; and had it not been for him, I believe I never had been a soldier.
Council. I know you are angry?
Wills. I am not angry, I wish the man had more wit; he sent me word from Wardon fair the 20th of September, that he would kill me upon the spot.
Q. What arms had he?
Wills. A carbine flung upon his shoulder.
Council. You did not know what was in those bags ?
Wills. No, how the D - I should I; as for seeing the bags, or that person, I did not venture to see him for fear he should know me; for he once shot me through the arm and has abused me several times.
Sol. General. When you saw him ride towards Old-Rumney, did you appear publickly?
Wills. No, I retreated.
Prisoner. I would ask the soldier one question, whether ever he saw me with fire-arms; or whether I ever shot him?
Wills. I have seen him with fire-arms ten times, and can bring many other persons to prove it.
Q. Did he ever shoot at you?
Wills. Yes, he did, over-against one Mr. Plumber's shop a grocer.
William Weyman . I have seen the man more than twenty times in company with the Hawkhurst gang, and with oil-skin bags and half anchors. On or about the 5th day of August, 1746, I saw him within a mile of the town with several other persons, to the number of twenty, arm'd at that time with a carbine over his shoulder, and those in his company arm'd after the same manner, and about fifty horses. Austin did not ride with goods at that time, but I know he had drove horses, being within thirty yards of him: he had threaten'd my life before that, so I could not appear in view of him.
Q. Was he about a mile from Lid?
Q. How long have you lived in that country?
Weyman. About ten years; and I am sure the Prisoner was one of them at that very time.
Q. Suppose you had ask'd him what was in the bags?
Weyman. To be be sure he would not have told me.
Council. Had he any goods with him at that time?
Weyman. That I can't say, for I did not dare to see him, because he threaten'd my Life.
Council. How came you to be afraid of him?
Weyman. He had a notion that I betray'd the boat where they work'd their tea, which was taken by the officers; tho' I sent to them to let them know that I was not the person that sent to the officers to discover the boat.
Council. May not English brandy be carried in that manner ?
Weyman. Yes they may.
Sol. General. Do you know what gang this was?
Weyman. The Hawkhurst gang.
Court. You have said you have had dealings with the Prisoner about exchanging a horse, and you had tea from him out of the oil-skin bags : I ask you whether you knew at that time that he dealt in such a way?
Weyman. I am very sure he did, because he had four or five horses loaded of his own.
Court to the Prisoner. Now is your time to make your defence ?
Prisoner. I have not a great deal to say for myself; I am as ignorant of the thing that is laid to my charge, as a child that is unborn: and I never saw the men.
Court. But you hear what they say, that they saw you?
Prisoner. I can only say that I know nothing of the affair.
Court. Have you any witnesses?
Prisoner. Yes, Sir, they are to prove where I was at the same time.
Cook. At Hawkhurst.
Council. Do you remember being in company with him in August last? What day had you occasion to be in company with him?
Cook. The fourth and fifth day of August, I was at a fair call'd Park-fair, in the parish of Cranbrook, I went home with him from Park-fair to his house and lay there.
Q. What time did you get home?
Cook. About ten o'clock, and we sat up about an hour.
Council. Did you see him in the morning?
Cook. Yes, about six o'clock, and I continued in company with him about two hours.
Council. How long did you stay at his house? Are you sure about the fifth of August you was in company with him? Where did you leave the Prisoner ?
Cook. At his own house about 8 o'clock.
Council. Can you venture to say that he was not out of his house?
Council. Did you borrow any thing of him that day?
Cook. I borrowed a horse of him to ride to a fair.
Council. Who got up first, you or him?
Cook. I saw him in the morning before he got up, I saw him in bed at six o'clock.
Sol. General. What business are you?
Cook. A Taylor.
Sol. General. How old are you?
Cook. About eighteen.
Q. What carried you to the Fair; had you any business there?
Cook. I had no business there.
Q. What's your master's name?
Attorney General. What is he?
Cook. He lives at Hawkhurst, within a quarter of a mile.
Q. When did you come up from thence?
Cook. I did not see him when I came up.
Q. When did you see him; how long ago; was it four or five days?
Cook. Not in so little a time: I have not seen him within this quarter of a year ?
Council. Mind young man, when was you apply'd to to give evidence upon this occasion ?
Cook. About a month or six weeks ago; I can't tell the day; it was the latter end of October.
Sol. General. When you was apply'd to, did you recollect this? I would be glad to know how many servants this man keeps?
Cook. He keeps only one servant maid.
Sol. General. Do you know how many horses he keeps?
Cook. I can't tell what horses.
Sol. General. Was you in company with any house-keepers at the fair?
Cook. With one Mr. Marlow of Cranbrook.
Q. What was the reason of your going to this Fair?
Cook. My master gave me leave because I work'd the holiday before.
Q. Did any body return with you beside the Prisoner ?
Q. What kind of a house has the Prisoner; a little or a large house?
Cook. Sir, I can't say.
Council. But if you lay there, you can recollect where you lay ?
Cook. I lay in the garret; there was a man lay with me; but I can't tell the man's name.
Q. Was it one of the Prisoner's family?
Cook. I can't tell; it was not one of his family, because I knew his family.
Q. Who was it? did you ever see the man before?
Q. Have you seen him since ?
Q. Did the person with whom you lay get up at the same time with you?
Cook. Yes, Sir, he breakfasted with us; but I did not hear his name.
Q. Does your master keep horses himself ?
Cook. He keeps one.
Q. How many horses has the Prisoner?
Cook. I can't tell; the Prisoner went on horseback, and carried his wife behind him, and lent me a horse.
Q. What business is the Prisoner ?
Cook. A farmer, I believe.
Council. A farmer; then he keeps more than two horses?
Q. Was this a saddle-horse, or a cart-horse that he and his wife rode on?
Cook. That was a saddle-horse.
Council. Now with respect to your lying there all night, you got up before the Prisoner; was the prisoner's wife at home ?
Cook. Yes; I went up in the morning, and they were a-bed together.
Q. What occasion had you to see the Prisoner in bed that morning?
Cook. I went in to return him thanks for the use of the horse, which I did not do over night; and this was at six o'clock.
Council. So you went into the chamber where the man and his wife were, to return him thanks for the horse.
Cook. Yes, and then they would have me to stay and breakfast with them.
Q. Who breakfasted with you?
Cook. Yes, Sir.
Q. Did you look at it?
Cook. No, Sir.
Council. Then you had no benefit by the clock.
Q. What had you for breakfast?
Council. All tea, maid and all?
Q. When was this?
Cook. Last August was twelvemonth.
Q. When you borrowed the horse to go to the fair, did you go to the Prisoner's house to fetch it?
Q. What time did you set out?
Cook. About ten o'clock.
Q. How came you to lie at the Prisoner's house that night, when your master's house was so near ?
Cook. It was two miles, and he asked me to lie there, because it was very late.
Q. Did you ever lie there any other time?
Cook. I have before and since.
Q. When before?
Cook. I cannot tell, my Lord.
Q. Did you ever borrow a horse of the Prisoner before?
Sol. General. Have you borrowed a horse since?
Cook. I cannot tell.
Q. Was you at the beginning of the fair?
Q. Did you continue till the fair was broke up?
Q. Who went with you to the fair?
Cook. Two men, but I do not know them.
Q. Who came up with you?
Cook. One Mr. Kemp and his daughter from Goudhurst, I came with the Prisoner's wife from Hawkhurst, from my master's.
Q. Did your master give you leave to come?
Q. Did any body come with you?
Q. Who came with you besides him?
Cook. No body at all.
Q. Have you seen your master lately?
Cook. I saw him last Saturday.
Q. When you went to the Prisoner's house, who did you see there?
Cook. I saw the Prisoner's wife and maid.
Attorney General. When did you see his wife before you called the last time upon her?
Cook. I saw her a month ago, she asked me if I did not remember this affair.
Q. Did she give any account about it, or you her?
Cook. She asked me if I could not remember the fourth of August.
Attorney General. Who was with you besides the Prisoner's wife?
Q. Where doth she live?
Cook. At Hawkhurst with her father, a labouring man.
Attorney General. Is he concerned with the Hawkhurst gang?
Cook. No, sir; I never heard such a thing of him.
Attorney General. What is the Prisoner's wife to you? are you any relation to her ?
Cook. No relation.
Attorney General. How long has the Prisoner been married?
Cook. About five years.
Attorney General. Was his wife ever married before?
Cook. Yes, to one Cook; he lived at Hawkhurst.
Cook. Yes, three.
Attorney General. What are their names?
Cook. John, Mary, and Thomas.
Attorney General. Are they grown up?
Cook. Two are very little, Mary and John.
Attorney General. How old is Thomas?
Cook. About eighteen.
Attorney General. Where does he live?
Cook. I am he.
Attorney General. This is the man that is brought to contradict the evidence that has been given in Court.
Attorney General to Cook. You are the son of that man's wife. What was the reason you denied that you was the son of that woman? give the reason why you denied it.
Cook. I have spoke the whole truth, only this.
Attorney General. Why do you tell that untruth ? do you know what an oath is?
Cook. It is to speak truth.
Attorney General. Have you spoke the truth, recollect yourself? do you know where you are? do you know the consequence of an oath, and of breaking an oath ?
Solicitor General. Can you answer why you told this gross untruth but just now?
Attorney General. I ask you that question, why did you tell that untruth, that you was no relation?
Court. Why did you conceal that fact with relation to the Prisoner at the bar, and swear a fact directly contrary?
Cook. I was afraid it would not go so well with him else.
Solicitor General. Who was the person you conversed with, before you came into Court?
Cook. Mr. Marlow.
Q. Who is he?
Cook. A silversmith and watchmaker.
Q. Who was with you besides him ?
Cook. The Prisoner's wife.
Solicitor General. Who was with you last, before you came into Court?
Cook. Mrs. Hayward.
Attorney General. Who was with you besides?
Cook. Mrs. Turner.
Q. What house was you at last ?
Cook. At the Old-bailey coffee-house.
Q. Who was with you besides these persons?
Cook. I did not know them, there were a great many people.
Q. Was there any people concerned in this cause?
Cook. Not as I know of.
Attorney General. Now give me an account what was your conversation about this cause; recollect, don't repent of your crimes by telling falshoods.
Cook. I had conversation with his wife.
Attorney General. What did she desire you to say?
Cook. She asked me whether I did not remember it, and I said I did.
Attorney General. Did she desire you should not own you was any relation to her ?
Cook. She did not tell me so.
Attorney General. Now recollect, was this your own invention to tell such notorious untruths to the Court? was it your own inventions or somebody's else? how came you to say you did not know whether he was a farmer, nor what horses he kept, nor what house he lived in? how comes it to pass you have been guilty of such gross perjury as this in open Court ? I will ask you again this one question, and it is the only way you can make satisfaction; who is it that hath set you upon coming hither to give this account of things?
To all these interrogatories the Prisoner kept himself very close, and would not acknowledge any thing of his being put upon this dreadful practice by any; upon which he was deservedly committed to Newgate for wicked and corrupt perjury.
John Marlow . Do you know the Prisoner?
Q. Did you see him in the year 1746?
Marlow. There is a fair in our place, and every person in the county almost generally carry their wives, and Austin came and asked me to go to the fair with him, it was the first Monday in August We went to the fair about three o'clock in the afternoon, we came home between nine and ten; there was his wife and my wife, there were several people that went with us that passed the road; but to say I particularly remember who, I do not.
Q. Where do you live?
Marlow. At Cranbrook, it is the way between Hawkhurst and the fair.
Solicitor General. Did you see any boy with them?
Marlow. I cannot say particularly.
Attorney General. Do you know Thomas Cook?
Marlow. I did not then know him, but I have seen him since.
Attorney General. Did you come away from the fair together ?
Marlow. I overtook him in his way home from the fair.
Solicitor General. Then recollect as near as possible his company; you say you overtook him in his way home from the fair; you can then give an account of the people that were with him.
Marlow. No indeed I cannot.
Attorney General. Did he ride upon a single horse, or was his wife with him?
Marlow. I think his wife was with him.
Q. Do you know how far the fair is from Lidlight ?
Marlow. I think four or five and twenty miles.
Sol. Gen. When you overtook him, if you stopt and drank with him, you must know his company, then you can recollect; did you set out together? was any body belonging to him hurt, that was part of his company ?
Marlow. I believe there was.
Sol. Gen. Do you know who?
Marlow. There was a woman in a chaise rode before him.
Turner. The Prisoner lives at Hawkhurst, he is a farmer there.
Q. Do you remember any particular day in August was twelvemonth of his being at any fair in the country?
Turner. He was at Park fair, it was upon the 4th of August; I did not go with him, I stayed at home with the children; I live at a little distance from his house, I go in and out when they want me.
Sol. Gen. Did any body go with him to the fair?
Turner. She rode behind him.
Q. Did they return that night ?
Turner. Yes, Sir, they returned between nine and ten o'clock, they came home alone, only Thomas Cook was along with them.
Q. Who was in company that night there?
Turner. There was no body but them and the children while I was there; I stayed till between ten and eleven.
Q. Was any of the family gone to bed before you went away?
Q. When did you see him again ?
Turner. I saw him again between eight and nine o'clock the next morning; I saw Mr. Austin and his wife, but the young man that lay there was gone home.
Q. How long did you stay there ?
Turner. I think I stayed an hour.
Q. What time did you go away?
Turner. Between nine and ten.
Q. Had you any discourse with him?
Cross examined by the Attorney General.
Q. Where do you live?
Turner. At Hawkhurst.
Q. What is your business?
Turner. I take in sewing and washing.
Q. Do you live alone?
Turner. I live with my father and mother.
Q. Were they at the fair?
Turner. My mother was at home, but my father was out at day labour.
Q. Who was your father with?
Turner. He was mowing for this man.
Q. When did he come home ?
Turner. He came late at night, it was a distance from home.
Q. What did your father do the next day ?
Turner. He went a mowing for the same person.
Q. What did your mother do that day ?
Turner. She can do but little, she is an ancient woman.
Q. How long have you known this person ?
Turner. Three or four years.
Q. What is his proper business?
Turner. Farming business.
Turner. He is an apprentice with Mr. Russel a Taylor.
Q. When was you first applied to, to give an account of this matter?
Turner. I was subpoena'd up here last week.
Q. Did any body apply to you before?
Turner. No, Sir.
Q. Did you ever hear this man was taken up?
Turner. Yes, Sir, we heard of it.
Q. How long is it since?
Turner. I believe not above two months ago.
Q. Had you any conversation with his wife about it?
Turner. I was at the time of Park fair at Mrs. Austin's, when her maid was gone.
Q. When did you see him since that?
Turner. I have been at the house.
Q. Did not you go to help the wife after the husband was a Prisoner?
Turner. But seldom; she has a maid now.
Q. Who asked you the question first about coming up on behalf of the Prisoner?
Q. Is he concerned for the Prisoner?
Turner. I believe he was, he asked me if I knew any thing where he was that day, the fifth of August.
Q. What answer did you give him?
Turner. I told him I knew very well where he was.
Q. Is Dodson in town?
Turner. Not to my knowledge.
Q. Did you never know Dodson before?
Turner. No, Sir.
Q. Who spoke to you afterwards ?
Turner. Nobody, till I had a subpoena.
Q. Who did you come up with?
Q. How far did she live from the Prisoner?
Turner. She lived at Hawkhurst then, but I believe she has been removed near a twelvemonth; she is a married woman, and her husband is removed.
Q. What occupation is her husband ?
Turner. He is a farmer.
Turner. He brought me behind him, Mrs. Haywood rode single.
Q. Who was with you besides?
Turner. There were several people upon the road.
Turner. One Kemp that keeps a publick house.
Q. Where did you lie the first night?
Turner. At Riverhead.
Q. Did you breakfast with the Prisoner the day after the fair? had he any maid-servant then?
Turner. He had no maid-servant.
Q. What makes you so sure of it?
Turner. She was gone before that, because of my being there.
Q. Who came home with them the night of the Fair? you spent the evening with them, did you not?
Q. Did Cook lie in the garret by himself?
Turner. There was no body else there, I am sure of it.
Sol. General. I think they found you at home?
Turner. He lives at the Green, not at a great distance.
Q. Was he with you that night at all, or the next morning?
Q. Have you had no sort of conversation with him about it?
I think the witness's answer was in the negative.
Hayward. I live at Hawkhurst; I have known the Prisoner a great many years.
Q. Do you remember any thing of him in August was a twelvemonth?
Hayward. I saw him the fourth and fifth of August in 1746, I lived the next door to him, I saw his wife and him go out to Park-fair, I heard him talk that night, and heard him watering his horse by the door, and I saw him between nine and ten o'clock; the next day he call'd upon me to go a haying for him, and he came and work'd with us; and there was dame Turner at work with us.
Attor. General. How far was this place from his house?
Hayward. About a quarter of a mile.
Q. What time was this?
Hayward. About ten o'clock, and he stay'd with us two or three hours.
Sol. General. I desire to know how long ago you had occasion to recollect this? who spoke to you about it?
Hayward. It was when our neighbours were talking of the man's being sworn against.
Q. Who was it that ask'd you?
Hayward. His wife ask'd me if I did not hay for him that year, and I said yes; she ask'd me whether we hay'd that day, and I said we had about ten o'clock, and he was with us; then she said I must go for a witness for him; and I said I did not care if I did, for I would speak the truth.
Q. Who did you see with her when you was there ?
Hayward. I saw none but her and her children.
Q. Who was along with them?
Attorn. General. Who was haying for him besides you?
Hayward. Dame Turner.
Q. Was not Turner's husband there? did not he hay for him that day?
Hayward. I think I am very sure he did not hay for him that day.
Q. Did you converse frequently with the Prisoner? what time did they set out for this fair?
Hayward. Between twelve and one, I saw Betty tuck her coats up.
Turner. I said he was mowing for him, but it was in another field.
Attorn. General. Did not you say your mother was at home that day?
Sol. General. This is a circumstance may be material to be laid before the court, that is, the affidavit made by the Prisoner the last session for putting off his trial, and your Lordship will find that this Henry Dodson and Thomas Redford , the only material witnesses, without which he could not safely proceed on his trial, neither of them appears. And this is very observable, that by the other person that was indicted the last session, they were fully apprized of what they had to say, the same witnesses being examined the last session, were forced to give the same account; this being so, it was in the power of persons, if any such persons would, to invent a story and promote it by perjury, which is now call'd a Newgate defence, and you will observe they have been instructed from the very hour in the morning; the only thing for your consideration is, whether 'tis truth, supported by true evidence, or whether a false invention, dressed up and supported by corrupt perjury: that it is the latter appears beyond all contradiction, the Prisoner must know where he was, be must know in what company he was : He makes affidavit to put off his trial, that one Henry Dodson , who lives and resides at Rye, and Redford, a farmer at Hawkhurst, were material witnesses in his cause; it appears that Henry Dodson has been an agent for him to get evidence, he apply'd to Elizabeth Turner for her evidence, so that the cause is now supported by new persons; but if they come under suspicious circumstances it will greatly increase that suspicion. The first witness examined is a youth, and I am very sorry to find that one so early is so steady, he comes at the age of eighteen, goes through it correctly, sticks to his story, and swears to circumstances to give credit to it. For instance, it must be proved that he was at home in the morning, therefore it was necessary to fix that instant of time; he says he went up to him in his bed at six o'clock in the morning, because he omitted over night to thank him for lending him his horse; going up to thank him he invited him to stay breakfast, he stays breakfast 'till eight. He knows little of the Prisoner. Is he a farmer? hardly knows that. Do you know what horses he keeps ? No And whenever he speaks of his mother, 'tis the Prisoner's wife; and at last it providentially came out, that he was actually the son of his wife; after he had been giving an account of the Prisoner's wife, I interrupted him by asking him the question, what relation he was to the Prisoner's wife? he had some presence of mind, but not all, he thought it would certainly hurt the whole evidence if he acknowledged the relation; that presence of mind he had; but he did not go further, and considered that there might be a possibility of people's knowing him; at first indeed he absolutely denies it; upon which I began to think it might be a mistake as to the degrees of relation: upon his denying that he was a relation, had we not pretty strong assurance of it, we might have gone no further; but when the whole of the family is inquir'd into, the children's names and age, at last he own'd that he was her son; this brings an imputation upon the whole, that the other is dress'd up too; certainly you cannot believe any thing from the credit of that man's evidence. Then there comes another evidence, Elizabeth Turner , she did not know all that the boy had sworn, and she is caught in this circumstance, that is impossible to be true; first the boy swore positively, that he breakfasted with them, and that the Prisoner then kept a maid-servant; she has sworn positively that the maid had been gone a month before that; but she is sure upon that day she had no servant-maid at all: now the boy could not be mistaken in her, for she says she knew the boy very well, and the boy knew her very well, therefore this shews that this is a dressed up story. Hayward swears that he (the Prisoner) was with them at ten o'clock several times. Turner swears that he went
69. James Walker , was indicted for feloniously assaulting and robbing, on the 30th of October , James Figgins , in the publick street, on the king's highway, and taking from him a gold watch, with a cornelian seal set in gold, and a steel chain, the property of the said James Figgins .
Figgins. Yes, my Lord.
Q. What have you to alledge against him, as to the crime for which he is now indicted?
Figgins. On the 30th of October, Sir, I was going. down Lumbard-street, about seven o'clock in the evening, I designed to go into Cornhill ; that man, with five or six others, stood under the gate-way, and they were hollowing and shouting; there was a mobing by the post-office, I had not entered above two steps, but they closed me round; I could see that James Walker very plain; I am as sure I saw him then, as I see him now.
Q. Did the prisoner do any thing?
Figgins. He bore upon me with his elbows against my breast, and kept my arms up, as if I were pinioned; and in less than half a minute I felt my watch go from my pocket, as plain as ever I felt my glove go from my hand: Then they all began to withdraw from me; and I caught hold of him by the collar, and said, you have robbed me, you have stolen my watch! he said he had not, and was an innocent man. He being a stout fellow, broke from me, and endeavoured to conceal himself among the mob in Lombard-street; but a gentleman here assisting me, we took him again. He said, here Sir, you may see I have not your watch, I am an innocent man, when, in my conscience, he had the watch in his left hand at first: We were carrying him to the tavern, when he broke away again; and here is a gentleman that run after him, and overtook him, or he had got clear off.
Q. What is the gentleman's name?
Figgins. William Paterson; when we got him again, he trembled prodigiously, and said, don't use me ill: We carried him into the tavern, and I searched him; we found a gold watch upon him, but it was not mine; then he said, you are now satisfied; no, I said, I am not satisfied, I am sure you assisted in robbing me; nor will I be satisfied, till I know what manner of man you are.
Q. Was Mr. Paterson that assisted you present at first?
Figgins. He said he was just by me.
Q. Council. How many were there when they came about you first?
Figgins. There were to the number of five or six.
Q. Was you sensible of the watch going from you, are you sure that was the man that took it?
Q. to Council. I think you describe that he was close up to your elbow.
Figgins. I am sure he robbed me himself, or assisted in robbing me; for I was in such a position that I could not stir.
Paterson. Yes, Sir - I am sure he is the man.
Q. What do you know of the affair?
Paterson. On Friday the 30th of Oct. last, about seven o'clock in the evening, I went to Lombard-street to see the lights at the Post-office; I was standing just by Exchange-alley, and I saw the Prosecutor, Mr. Figgins, pass by me. He had hardly got three steps up the gate-way, but I heard a number of persons hussling, seemingly in confusion. I turned about, and saw five or six; I saw a white wig, but could not discern the gentleman's coat, but as for the Prisoner, I am positive he is one of them.
Q. What were they doing?
Paterson. They were hussling the gentleman in the light wig, and I am sure the Prisoner was one of the persons that was hussling.
Q. Did you hear any thing?
Paterson. I did not hear one word.
Q. Did Mr. Figgins say any thing?
Paterson. He came out in a prodigious surprize - I am robbed, I have lost my watch. The Prisoner came from the gateway and run three or four yards towards the mob. As soon as he got there, he immediately raised his right arm, at which time I thought I saw a blue string.
Q. to Figgins. What was your watch made of?
Figgins. Of gold, a polished steel chain, and a gold cornelian seal.
Paterson. He raised his arms, and I thought I saw something blue in his hand; I thought it to be a blue string, which I spoke before my Lord the next morning.
Q. Was any body by to take any thing ?
Paterson. I kept my eye so much on the Prisoner, I did not see what Mr. Figgins did - As Mr. Figgins cried stop thief, he ran away and dodged me across the way - I caught hold of him at Mr. Brace's door, and by his company interposing, he broke my hold. - Then there was a hussling of their hands again, that I could not get at him - Then Mr. Figgins came and caught hold of him - Then he lifted up his hands and said, Sir, I have none of your watch. - Then he immediately run through Change-alley, breaking loose from Mr. Figgins. There were two men lay'd hold of my shoulder, I pushed them away and ran after him - I did not close with him in the alley, he being such a lusty man; but when he got into Cornhill I got up close with him, and got hold of him the corner of Pope's-head-alley. When I laid hold of him, he said in great confusion, you are mistaken, I am not the man. - I said, I could not hold you before, but I have got hold of you now, and will keep you. He desired we would not use him ill, and we carried him into the Pope's-head tavern.
Q. What happened then ?
Paterson. He was examined, and there was a gold watch found upon him; but it was not Mr. Figgins's watch.
Prisoner. I am sorry they should know so much more of this affair now, than they did before my Lord-Mayor. He said before my Lord-Mayor, it was a blue watch-string.
Court. He thought it was such a thing in the night.
Prisoner. As I was going home, I was stopped in the street, as Mr. Figgins was, when they cried out, a barber, a barber; I ran out of the crowd, and they ran after me and cried, a robber, but I knew nothing of it.
Craydon. I was at the Turk's-head, in Whitechapel, at Mr. Gibbs's, at the time
Starky. Nothing with regard to this thing. I have known him for these three or four years, and I always took him to be an honest man.
Court. Did you ever hear he kept a house of ill same ?
Starky. I heard so, but I never was at his house - I heard he dealt in horses.
Q. to Figgins. Was you put in bodily fear?
Figgins. To be sure I was in fear, and in great fear - I could not speak nor move a hand - I did not know what they were about to do to me.
Guilty of the indictment.
Clapp. I let the Prisoner a lodging in my house in Crutched-Friars in the month of November, 1746; she continued there about eight months. She applied at the time of Lord Lovat's being beheaded for the key of my room, for a relation of hers to lie there. It was in the month of April.
Q. Did she deliver to you the key again?
Clapp. I ask'd her for it, but could not get it 'till four or five weeks after, when I came to examine the room, for I never laid in it in my life. I live in Virginia-street. When I went into my own room, there I miss'd a napkin and a pillow-case; there was a blanket, a pair of tongs, one pillow-bear, and a napkin upon the table; all these things I miss'd. The Prisoner was not gone away, I thought I should see her the same day, but I could not, so I put a padlock upon the door, in order to prevent her taking more things. The day that I miss'd the goods, and that I searched, was the 5th of June; on the 6th of June I told her she had robb'd me. I had information some few days after, that there were some of the goods at one Elizabeth Sibly's in East Smith-field. I saw her several times after: she said that the glass was broke in sweeping the room. I went to enquire of several people I knew to be her correspondents, to endeavour to find the things. I had information first by my son of some of the things at Elizabeth Sibly 's; some few days after I saw her in Dolphin-yard, with the glass upon her, I told her it was mine, and I must take it.
Q. Was there not something of an action against you for taking of her goods?
Clapp. There was an action of Trover brought against me for locking the door.
Q. When was the action brought against you.
Clapp. The fifteenth of June.
Council. Consider what the man says. On the 6th of June she was in his kitchen, and he did not stop her. Now he admits, he was arrested the 15th of June.
Court to Clapp. What are you?
Clapp. I deal in the Navy, I buy and sell sailor's tickets.
Alderman. And keeps a gaming-table, which I have ordered the officers to look after.
Court. What was the meaning you should charge her with a robbery upon the 6th of June?
Elizabeth Sibly . Do you know the prisoner at the bar?
Sibly. Yes, Sir.
Q. Did she bring any goods to you?
Sibly. No, she brought nothing to me, but she sent a blanket, and the tongs she gave me herself.
Q. Was there any other things brought to your house?
Sibly. Nothing else.
Q. When was this?
Sibly. About half a year ago she lent them to me in lieu of some she had of mine, I knew nothing but they were her own.
Q. How did she send them?
Sibly. By her little son?
Q. How far do you live from this place?
Sibly. In East Smithfield.
The prosecutor appear'd but in a bad light to the Court; his keeping a gaming-table; his conduct in seizing the Prisoner's goods to occasion an arrest on himself, and his doing this so long after the time that the fact is charged. The Prisoner reported to the Court the behaviour of the prosecutor to her, that when he met her in the street how he would call her a thieving B - h, and such language as this. The Court reply'd to her that she might prosecute him if he offered to insult her again.
The Trials being ended, the Court proceeded to give Judgement as follows.
Received Sentence of Death, 4.
For Transportation, 33.