HELD AT JUSTICE-HALL in the OLD-BAILEY,
On WEDNESDAY the 6th, THURSDAY the 7th, FRIDAY the 8th, and SATURDAY the 9th of July.
In the 22d Year of His MAJESTY's Reign.
BEING THE Sixth SESSIONS in the MAYORALTY of the
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1748.
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 LADBROKE , Knt. Lord-Mayor of the City of London, the Right Honourable the Lord Chief Baron PARKER , the Honourable Mr. Justice BURNET, the Honourable Mr. Justice FOSTER, JOHN STRACEY, Esq; Recorder, and others of his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City, and County of Middlesex.
316 + John Strong , was indicted for breaking and entering the dwelling-house of John Lodge , in the ward of Bishopsgate , London, about the hour of two in the evening, and stealing forty yards of broad cloth, value 30 l. the property of John Skelton .
N. B. Those Trials with this mark + shew that the Prisoners were indicted for Capital Offences, and must have receiv'd Sentence of Death, if the Jury had found them guilty of the whole Indictment.
Q. What have you to say, with relation to this charge?
Skelton. The beginning of May I sent a piece and an half of broad cloth to Mr. Lodge's.
Q. What quantity of yards were there?
Skelton. There were two quantities; one was twenty-five, and the other about eighteen yards.
[The cloth was produced.]
Q. Do you know that to be your cloth?
Q. Do you know who stole it?
Skelton. I know nothing farther than that it is mine. The Prisoner was charg'd with stealing this cloth, and was carried before my Lord-Mayor; he denied it at first, but afterwards owned he was the person that stole the cloth.
Q. Did he tell you in what manner he stole it?
Q. Did he tell you what sort of cloth it was that he had stole?
Skelton. He said it was superfine cloth.
Q. How came you by this cloth again?
Skelton. It was sent in a basket to Mr. Cam's.
Q. Do you live with Mr. Lodge?
White. No; I did work with him, but I have not worked there since this fact was committed.
Q. Do you remember the taking in of that cloth at Mr. Lodge's, at any time, and when?
White. Let me look at the cloth [which he did.] On the fourteenth of May, at night, I left these two pieces of cloth at Mr. Lodge's, safe in the warehouse.
Q. What time did you leave these in the warehouse?
White. Between six and seven at night.
Q. Did he work there that day?
White. No; he had not worked there for fourteen or fifteen months before.
Q. When did you go to Mr. Lodge's again?
White. On the Tuesday; and when I came there, I was asked concerning the cloth.
Q. Is there any gate there?
White. Yes; there is a gate that goes into a yard, with a lock to it, and a bolt that goes into the staple four inches.
Q. Where is this warehouse?
White. It is in Little St. Hellen's.
Q. Is it any part of the dwelling-house?
White. No, it is not.
Q. Does it join to the dwelling-house?
White. They join wall to wall.
Q. Have you any passage, or communication, between this place and the street?
White. None, but by going in at the gate. The house and warehouse is all within the gate.
Q. But this is not Mr. Lodge's dwelling-house?
White. No; it is only for to receive goods.
Q. Do you go through the dwelling-house to go into this warehouse?
Q. Has the dwelling-house any door to it, besides the door that is at the coming into the yard?
Q. And is there no way of going out of the dwelling-house into this warehouse, without going into the yard?
Q. Do you know how the cloth was found again?
White. Only as it was said, to be brought to Mr. Cam's.
Q. What have you to say?
Walker. On the sixteenth of May, between five and six in the morning, I saw the Prisoner with something tied up in a brown wrapper, and he laid it upon a post; and he said, if I would take care of it till an inn was open, he would give me something to drink.
Q. Did you carry it to any inn?
Q. What was it that was in the wrapper?
Walker. It was something of a dark coloured cloth.
Q. Is that the wrapper?
Q. Is that the cloth?
Walker. Yes, I am sure it is; and when he went into the house, he laid the cloth down upon a table below stairs, and I took a candle, and lighted him up, and he carried it into a room up two pair of stairs.
Q. What occasion had you for a candle at that time in the morning?
Walker. Because the woman of the house was in bed, and he desired to leave it there, till the inn was open. Your servant, my Lord, you have done with me?
Q. Do you remember, on the sixteenth of May, seeing that young man at the bar?
Goldsmith. Yes, I saw him come into my aunt's house with something.
Q. Was any body with him?
Q. What did he bring? was it a portmanteau?
Goldsmith. It was like a portmanteau. I took it to be a portmanteau at first, but it was cloth.
Q. Is that the cloth?
Goldsmith. I cannot say it is.
Q. Did he leave any thing in your house?
Goldsmith. Yes, he left it up two pair of stairs.
Q. How came it to be sent away?
Goldsmith. My uncle sent it away, upon seeing an advertisement.
Q. Did the Prisoner come for it?
Goldsmith. Yes; but my uncle thought it was stolen, and he kept it, and sent it home.
Q. When was it sent home?
Goldsmith. The Saturday following.
Q. Are you sure the Prisoner is the person that brought it?
Goldsmith. Yes, he is the person that brought it.
Q. What was it in?
Goldsmith. It was in a brown cloth.
Q. Did he come to demand it?
Q. Was it before, or after it was advertised?
Goldsmith. It was before it was advertised.
Q. What did your uncle say about it?
Goldsmith. He was very angry at my taking it in, and thought it was tea.
Q. What are you?
Longbottom. I keep a publick-house in Shoe-Lane.
Longbottom. On the eighteenth or nineteenth of May, the Prisoner came with two men to my house.
Q. What time did they come?
Longbottom. They came about noon, and they were talking about cloth; and they said they were going about this cloth to Scot's, and that they believed the cloth was damned, but sooner than the people of the house should have it, the owner should have it.
Q. Who said that, the Prisoner, or any body else?
Longbottom. It was another person said so to the Prisoner, and advised him to send a letter to Scot's, or to advertise it.
Q. Did the Prisoner say any thing to that?
Longbottom. He said he would go to Scot's; and presently there was a woman came in, and she advised him not to go to Scot's, for it would blow him.
Q. And did he go to Scot's?
Longbottom. He went out, and said he would go to Scot's.
Q. Did he return again?
Q. How long did he stay?
Longbottom. About an hour.
Q. Did the woman stay?
Longbottom. The woman staid all the time.
Q. When he returned, what did he say?
Longbottom. The woman asked him what he had done, and he said he had made an offer of part of the cloth, and nothing could be done.
Q. Was there any conversation between you and him?
Longbottom. I asked him whether he had lost any thing, and he said, he believed he had lost fifty pounds; said I, did you tell it? he said, it was not money, it was cloth.
Q. What cloth did he say it was?
Longbottom. He said it was superfine cloth. And there was one White, who was turn'd out of his work upon that account, came to my house, and spoke of the affair.
Longbottom. The second time he was carried before my Lord Mayor, he confessed the fact, and desired to clear the woman, for she was not guilty of it.
Q. to Goldsmith. Is your uncle's name Scot?
Q. Do you know the Prisoner at the bar?
Q. What do you know of him?
Scot. The Prisoner at the bar came to demand a piece of cloth, which was brought when I was in bed, and asleep : He came several times about it; he came one night, about ten o'clock, with a woman in a cloak; and the next day two men came, and one of them threatened my maid, and said, if she said any thing to them, he would put her eye out with a cane; and the Prisoner said, the cloth was worth twenty pounds. I told a man of very good sense of it, and he advised me not to let the Prisoner have it, and I would not let him have it; for I said to my husband, keep it and he said he would keep it, and see whether it was advertised; and when it was advertised, he sent it home.
Q. When was it advertised?
Scot. It was advertised the next day, and my husband ordered, that there should be no money taken for the carrying it.
Q. Is that the cloth?
Scot. That is the cloth, I am sure, and I was angry with my maid, and gave her a slap on the face for taking it in, for I thought it was tea, and she run away from me upon that account.
The Jury acquitted him of the burglary, and found him guilty of the felony .
317. Rebecca Portore , was indicted for stealing three silver tea-spoons, value 6 s. a pair of silver tea-tongs, value 8 s. two caps, value 12 d. a shirt, value 5 s. an apron, value 12 d. a cotton gown, value 10 s. a pair of stays, value 20 s. a woman's bever hat, value 2 s. 6 d. one pair of sheets, five aprons, and a towel, the property of Bridget Murphy . A gown, value 3 l. a stuff gown, a pair of stays, a handkerchief, &c. the property of Honnor Obrian ; and four aprons, a pair of stays, a quilted petticoat, a pair of shoes, and a pair of stockings, the property of Mary Jones , June 2 .
Bridget Murphy . The Prisoner's aunt recommended her to me as a very good hand at washing, and I took her into my house; for I thought she had been set in scorn by her friends, on account of her having a sweetheart, and the first or second of June she lay at my house. I ordered my maid to let her have some victuals, and go to bed. I talked to her a good deal, and spoke very simpathizing to her; and I said, if she had
Q. Where is your maid?
Murphy. She has an impediment in her speech, and cannot speak in a Court.
Q. What did she take of yours?
Murphy. She took my new stays, and the other things in the indictment.
Q. Did you see her do this?
Murphy. No, but they were found upon her.
Q. Have you got them again?
Murphy. No, but I hope I shall with your good order, for they are in Mr. Noakes the constable's hands.
Q. How came you to find it out that you was robbed?
Murphy. I heard a noise very early in the morning, and called to my maid, and asked her what she did up so soon, and she said she was in bed. I enquired after the chairwoman , and my maid said she was gone.
Q. Where do you live?
Murphy. In the Temple-Mews , next door to Mr. Wright's coach-yard. When my maid said she was gone, I said, how could you be such a bear, as to let her go? And the door was left quite open, and the things gone.
Q. Where did you find these things?
Murphy. At a publick-house in Broad St. Giles's, at Mr. Noakes the constable's.
Honner Obrian. I lived with Mrs. Murphy at this time, and lost two gowns, and several other things.
Q. Have you got them again?
Obrian. They are all here.
Q. Where did you find them?
Obrian. The Prisoner had my gown and stays on.
Prisoner. I desire to know, whether Mrs. Obrian did not lend me the things?
Obrian. No; I had my gown and stays on over night. I did not lend her any thing.
John Noakes . A woman seeing the prisoner going along, early in the morning, with a large bundle, sent for me into St. Thomas's-Street, and I got up, and took the Prisoner, and carried her before Justice Broadhead, and she was committed on suspicion, and she confessed that she stole the things, and that they belonged to Mrs. Murphy.
Q. What did the Prisoner do to you?
Marshall. He took 14 s. 6 d. from me.
Q. Where was you?
Q. What was it in?
Marshall. In a canvas purse, in my breeches pocket.
Q. What time of the day was it?
Marshall. I cannot say what time it was: I went into the stable at eight o'clock in the morning, and went and laid down.
Q. What was you asleep?
Marshall. Yes; I lay asleep in the manger.
Q. Are you sure you had the money in your pocket?
Q. Did you feel in your pocket for the money a little before you went to sleep?
Q. How long before?
Marshall. About two hours.
Q. Had you been in any company in that time?
Marshall. No; I went in with a pair of horses.
Q. Are you a coachman?
Marshall. No; I went in with a young man, who lives at the Green Man in Barnet.
Q. What reason have you to charge the Prisoner with it; can you say he took it?
Marshall. I cannot punctually say, whether he took it out of my pocket.
Q. When was the Prisoner taken up?
Marshall. The same day.
Q. Did you take him up upon suspicion?
Q. Did you charge him with any thing?
Marshall. I could not swear to any particular pieces of money he had in his pocket, but he owned the taking the 14 s. and 6 d.
Q. What did he say when he owned it?
Marshall. He said he took it out of my pocket. I did not say much to him.
Q. Have you got your money again?
Marshall. No, all the money is gone; he has made away with it all.
Q. Was any body by when he owned it?
Marshall. Yes, and he owned it before my Lord-Mayor.
Q. Did the Prisoner work in the yard?
Q. Was he a helper to the hostlers?
Marshall. I cannot tell.
Q. Is this true?
Marshall. I said, if he would kneel down upon his knees, and give me a note of his hand, I would forgive him.
Q. Did he give you a note of his hand?
Charles Davis . I am a warder in Sepulchre's Parish. The constable sent for me; the Prisoner was in custody, and it was a long time before the Prisoner would confess any thing; and then he owned he had taken 14 s. 6 d. out of the Prosecutor's pocket, and that he had spent part of the money.
Q. Was there any promise made to the Prisoner, to induce him to make this confession?
Davis. There was an offer made to him, to take a note of his hand, but he would not do it.
Q. Who said so?
Fulbrook. The Prisoner at the bar.
Q. Did the Prosecutor say so?
Fulbrook. If he would have signed a note for the money, it might, I believe, have been so, but the Prisoner would not do it. The Prisoner had in his pocket half a crown, a shilling, and some halfpence, but the Prosecutor could not own any of the pieces of money that the Prisoner had in his pocket, and he returned them to the Prisoner again.
Q. What have you to say, as to this affair?
Bickerton. I can say nothing to that. I have known him sixteen or seventeen years, and I never heard any thing amiss of him; he came first upon liking to me.
Q. What trade are you?
Bickerton. I am a turner, and we differed about the money, and I did not take him; but he went to a brass turner in Holborn.
Q. And did he serve his time out?
Q. How long has he been out of his time?
Bickerton. I do not know justly, is may be about a year.
Q. What has he done for his living since?
Bickerton. I do not know.
Prisoner. I have been out of my time a year last September. The Jury acquitted the Prisoner.
John Slade . On the twenty-fifth of June, as I was going thro' Swithin's-Alley , about four o' clock in the afternoon, I was alarm'd by Mr. Moxum, that my pocket was picked; I turned about immediately, and seized the boy , and missed my handkerchief.
Q. Did you find any thing upon the Prisoner?
Slade. I did not find any thing upon him; it appeared, that he delivered it to another accomplice.
Q. How did it appear? did it appear to you?
Slade. I did not see him.
Q. You are to tell me what you know of your own knowledge, not what you have from other people.
Slade. I know nothing of his taking it, but what I had from Mr. Moxum.
John Moxum . I live at Hamlin's Coffee-house, in Swithin-Alley; and as I sat in the house, I saw the Prisoner take this gentleman's handkerchief out of his pocket, and it was conveyed down into a cellar, and was brought up the next morning, and the gentleman came and owned it.
Q. Was there any body else with the Prisoner then?
Moxum. There was another boy close by him.
Q. Did you ever see the Prisoner before?
Moxum. No, never, before that day.
Guilty, 10 d.
June 13 .
George Goodwin . On the thirteenth of June, between two and three in the afternoon, I was going down the Poultry , and I lost my handkerchief. One Mr. Bodker came running after me, and when I came to the end of the Old Jury, he said he had seen a man pick my pocket. I don't know that I saw the Prisoner, till Mr. Bodker had laid hold of him.
Prisoner. I am not guilty of this, and no person ever took a handkerchief upon me.
Q. Did you see the handkerchief in the Prisoner's hand?
Bodker. No, I saw no handkerchief; but I
Q. Did the Prisoner run away?
Bodker. He run under the coaches, I suppose, not thinking to be pursued; but I kept my eye upon him all the time, and secured him.
Prisoner. I was going down to Little Tower-Hill, to an uncle of mine, who is a fellowship-porter, and I was taken, and carried before a Magistrate. I think it is very wrong, that I am brought here for nothing at all. I have several witnesses to my character, but they cannot be here till to-morrow.
Q. What are you a constable?
Q. Of what parish?
Q. What celler?
Vernon. The celler belonging to the parish of St. Ethelburg, and we found the things that were about him, between his shirt and his skin.
Q. What things did you find upon him?
Vernon. There were several sorts of things.
[ There were a saucepan, and a considerable quantity of kitchen furniture produced.]
Q. Look upon these things, and see whether they belong to the workhouse of St. Ethelburg.
Harman. They do belong to the workhouse; and these things were found upon the Prisoner, between his shirt and his skin.
Q. What was the saucepan found between his shirt and his skin?
Harman. The saucepan he had down in the celler, when he was taken, and there was a warning-pan that he left in the celler.
Q. How long had he been in the house?
Harman. He was passed in on Monday, about eleven o'clock, and this was on the Wednesday after; and if it had not been for a door and a holt, he might have killed me; for he said to me, D - n you, you b - h, if I could get at you, I would do for you.
[It appeared that the Prisoner, since he had been in Newgate, had some signs of deliriousness, and behaved like a crazy man.]
Q. to Harman. Do you know any thing of his deliriousness?
Harman. I do not know; he was there but one day
Q. Whose house is it?
Q. When was it that you missed your money?
Lacey. I missed it on the seventh of June.
Q. Where was your money?
Lacey. In a chest.
Q. What money was there in the chest?
Lacey. Upwards of seven pounds.
Q. How much did you lose?
Lacey. Upwards of forty shillings.
Q. Was the chest broke open?
Q. How came you to suspect the Prisoner?
Lacey. Because she went away.
Q. Did you find the chest broke open on the seventh of June?
Lacey. Mr. Gray, that I lodged with, found it broke open.
Q. When was the Prisoner taken?
Lacey. She was taken the seventh of June, and was brought to the house.
Q. Did she make any confession?
Lacey. Yes; she said the chest was broke open, and that a man, who used to come to her, took a piece of iron, in the shape of a chissel, made out of a nail, and broke it open, and she took out the money; and that this man went to the Fleet, and married her there the next day.
Q. How do you know there was forty shillings taken away?
Lacey. There was a Queen Anne's guinea, and upwards of twenty shillings in silver.
Q. Was there any silver left?
Q. Was there any gold left?
Lacey. Yes; there were two more guineas, and two moidores.
Lacey. They were in the chest, in a quartern pot.
Q. Were they in the same part of the chest?
Q. How long had she been your servant?
Gray. About a month; and she said before the Justice, that a Man broke open the chest, and that she took out the money.
Q. Was you before the Justice with her?
Gray. Yes, my Lord; and she owned, that this man, that broke the chest open, was with her the next day at the Fleet, and married to her.
John Thrift . I was with the Prisoner before the Justice, and she confessed there, that she attempted to break it open, and she could not do it, and that the man broke it open, and that she took the money out.
Guilty of the Felony, to the value of 39 s.
Q. What have you to say against the Prisoner, about a silver tankard?
Watts. The Prisoner took my tankard out of my kitchen on Saturday was sev'nnight.
Q. Where do you live?
Q. What is the tankard worth?
Watts. I have valued it at ten pounds, and it cost me 11 l. 7 s. last September.
Q. Do you know who took it?
[The lid of the tankard was produced.]
Q. to Watts. Is that lid yours?
Watts. Yes, I can swear to it by the solder on each side of the lid.
Q. Where did you find that lid?
Watts. It was in the hands of Mr. Scriven, and I had it of him.
Q. Do you swear that to be the lid of the tankard you lost out of your house on Saturday was sev'nnight?
Gibbon Scriven sworn.
Scriven. On Saturday was sev'nnight, between eleven and twelve, the Prisoner came to my mistres's.
Q. Was it noon or night?
Scriven. It was night,
Q. Who is your mistress?
Scriven. I live with Mrs. Harvey, a pawnbroker in Houndsditch. I had a pretty many customers in the shop when the Prisoner came in, and after they were gone out, he said he wanted to ask me a question; I said, what is it? he asked me whether I bought plate, and I said I did not, unless I knew the person; he shewed me this lid, and I asked what he would have for it, and he asked ten shillings for it; I said, I believed it was stole; he asked me, whether I thought he stole it, and began to make words; I said I would stop it, and advertise it, and I did not doubt but I should find an owner; and I told him, if he would tell me his name, an d place of abode, I would return it him, if it was not owned, and he told me where he lived, but I found it was advertised in the paper: I went to Mr. Watts's with it, and he owned it to be the lid of his tankard.
Q. Did he tell you the right place of his abode?
Scriven. He told me pretty near it, it was in the next street. Mr. Watts sent for the silversmith he bought it of, and he said it was the lid of the tankard he sold Mr. Watts.
Prisoner. I told Mr. Scriven, that I found the lid.
Q. Was there any body by when you found it?
Prisoner. There was a person by, but I don't know where to find him.
Q. What business are you?
Rylance. I draw beer for the man at the Castle at Moorgate.
Q. Did you draw any in this tankard for the Prisoner, that night the tankard was lost?
Rylance. I drew two tankards for him that night.
Q. What in this tankard, that was missing afterwards?
Rylance. Yes, and, to the best of my knowledge, this is the same lid. The Prisoner went into the fields with us, under pretence of shewing us where the body of the tankard was; he said, if he had his hands loose, he would tell us where it was.
Rylance. Islington-Fields, by the ditches upon a dunghill.
Q. At that time did he own the taking of the tankard?
Rylance. He owned he had it, but he would not own he took it.
Prisoner. I did not own it, for I could never own what I never had; and they kicked me, and beat me about, and used me very ill; they promised me money, half guineas, and two guineas, if I would tell them where it was; and I was willing to accept of it, because I was poor, and wanted money, and I pretended to tell them where it was, but I could not tell.
Q. Did you make this tankard for Mr. Watts?
Q. Is that the top of the tankard?
Wilks. It is the very same that I sold to Mr. Watts.
Q. What might the value of the tankard be, that you sold to him?
Wilks. He gave me eleven pounds seven shillings for it. When the Prisoner was taken, he said, if we would let him, he would go with us, and shew us where he had hid the tankard.
Prisoner. I did not tell you so.
Wilks. You did tell us so. I will go further yet.
Prisoner. You may go as far as you please.
Wilks. I can go a little further yet. We went with him into the fields, and went on the backside of Islington two or three times; and he told us one place, then another, and we tried to find it, but could not, and then we brought him back before the Justice.
Q. What Justice?
Wilks. Justice Hole; and then he said where he had hid it, and insisted upon that to be the place, but they did not let him go; and there was a letter sent to Mr. White about it, and yesterday, in Newgate, he said he could tell where he had hid it.
Q. Have you any witnesses to call?
Prisoner. I have several here, but they are not come; my wife is here, and I believe she can call them. I have been a master of my business nineteen years, and never was before a Judge in my life before. I was very drunk that night, and I am sometimes mad and lunatick.
Capt. Reuben Harding sworn.
Q. What have you to say with regard to this affair?
Harding. My Lord, I know that the Prisoner has been deemed a lunatick person.
Q. When was he deemed so?
Harding. In the year 1745, when I served the office of churchwarden in Whitechapel Parish, and where he then lived, and I confined him to a mad-house.
Q. Was he lunatick at the time he stole this tankard?
Harding. I cannot tell that, my Lord.
Q. How came they to let him abroad?
Harding. I suppose they did not think him so then; he was better for some time, but he was confined again afterwards.
Q. Do you know that?
Harding. Yes, my Lord, he has been confined in Bethlem, as I have been informed. I knew him a great many years before that, and never knew but what he bore a very good character.
John Fearnly . I have known the Prisoner six years; he served me with pipes; he is a pipemaker , and I never knew him do any thing amiss in my life; he was taken out of my house, when he was out of his Senses.
Q. When was that?
Fearnly. I believe about three years ago.
Q. How was he in last June?
Fearnly. He was in our house about a week or a fortnight ago, and he said, he seemed to be going that way, and his wife said she believed he was; I was at table with him, and he seemed to look wild.
Q. How long is that ago?
Fearnly. My Lord, I believe it is a fortnight to day.
Rylance. An please you, my Lord, he was as well in his senses, as he is now.
Prisoner. Here is a gentleman in Court, Mr. Wright, who was drinking with me at the same time, I desire he may be called.
Q. What have you to say on this affair?
Wright. I happened to be drinking in the house the night the tankard was lost, the Prisoner was there, and I thought he was in liquor; I went out of the house, and left him there, but he did not seem to be out of his senses.
Prisoner. I never was accused with wronging any person in my life, for I found the tankard.
The Jury found him guilty of the felony, to the value of 39 s .
[The silk was produced, and sworn to by Mrs. Cox, to be her property.]
Q. Where was it found?
Grace Baxter. I am Mrs. Cox's mother; she keeps the shop, and I live with her. I was in the shop, when the Prisoner stole the silk.
Q. What pretence did she come under?
Baxter. No pretence at all. The silk was in a white paper upon the counter, and presently I missed the silk, and I was frightened out of my wits; and I run out of the shop after her, and cried out, stop thief! and she threw it down a baker's cellar.
Q. Did you see her throw it down the cellar?
Q. Did you lose fight of her?
Catharine Grimes . I saw the Prisoner about half an hour, looking about Mrs. Cox's door, in Cranbourn-Alley ; she had a child in her arms, and gave the child a half-penny to keep her from crying, and she took the silk out of the shop, and I saw her throw it down a baker's cellar.
Prisoner. My Lord, if you please, I will tell you how it was, from the beginning to the latter end. About two months ago I was ill of a fever, and I had an acquaintance in the Prince of Wales's nursery, and she advised me to go into the Hospital, and I was six weeks there under the physicians hands; and I went that day to the Prince of Wales's, and as I was coming down this street, with the child in my arms, a woman, with a white cloak on, slipped behind the counter, and took something out of the shop, and Mrs. Baxter took hold of me, and gave me a slap on the face, and I gave her another; and as I was not guilty, I did not know why I might not give her another.
Guilty, 4 s. 10 d.
325. + 326 + 327. + Richard Frost , William Collins , and Fergus Crone , were indicted for assaulting John Hudson on the highway, putting him in fear, and taking from him a frock, value 3 s. a waistcoat, value 2 s. a pair of breeches, value 1 s. and one shilling in money, his property.
July 2 .
Q. Who struck you on the head?
Hudson. Crone did.
Q. What are you?
Hudson. I am a haymaker .
Q. What did Crone lay hold of you by?
Hudson. By the collar; and he put his hand to my throat, and asked me for my money; and Collins struck me on the side of my head with his hand, and I went down on my knees, and begged for my life.
Q. Did they take all you had?
Hudson. Yes, so I was very willing to strip myself.
Q. Did you say so to them?
Hudson. Yes, and I pulled off my clothes, so much as my breeches and stockings, myself, and afterwards they threw me into a ditch, and I cried out murder.
Q. Which of them threw you into a ditch?
Hudson. I cannot tell, but I am sure one or two of them pitch'd me into a ditch; and then they took my clothes, and run away, as fast as they could, for London.
Q. Had you any money in your pocket?
Hudson. Yes, but I cannot tell justly what it was, but it was silver; I am sure there was a shilling, and they took away all but my hat, wig, and slippers.
Q. Did you overtake any of these three men?
Hudson. Yes, I overtook Frost; and he said he was sorry for my distress, and he pitied me very much, and said he went into a ditch to save himself, and he helped me out of the ditch.
Q. Look at those two men again, Collins and Crone, and see whether they are the men.
Hudson. Yes, I am sure they are the men. I saw Frost afterwards, at the White-Swan, and treated him with a pot of beer; and when I saw him, I was sure he was one of the men, and I took him, and carried him before a Justice of the Peace.
Hudson. He did not concern himself in any one thing in the world.
Alexander Rouchead . On Saturday night last, Richard Frost came into the White-Swan, and I heard a scuffle, and saw Frost and Hudson fighting in the publick room: I asked what was the matter, ( Hudson is a servant of mine) and he said, this is one of the men that robbed me; I got Frost into a box, and when Hudson was gone out of the room, I said to Frost: Now you have a shift for yourself, and to impeach the others, and he said he could not hurt him, because he never touched him.
Q. Had Hudson his clothes on?
Rouchead. He had no shoes or stockings, but he had a pair of breeches on.
Q. What did Frost say, after he said he could not hurt him, because he never touched him?
Rouchead. He said the other two robbed him; I asked him the names of the other two, and he said one was Fergus Crone , and the other William Collins , and I set their names down in my pocket-book, and carried Frost to the Round-house.
Q. Did you go to enquire after the other two?
Rouchead. Not till I went with Frost before Justice Poulson, and he said the same before the Justice, and desired to be admitted an evidence against the other two, but the Justice committed him to Newgate; and on Monday morning, about six o'clock, I took the constable with me, and went to the guard-room with Hudson, and I said to Hudson, if you see them, shake hands with them, and he did see Collins, and shook hands with him; and as soon as Hudson shook hands with him, I took him by the collar.
Q. Was he upon duty then?
Rouchead. Yes. Frost told me, they were both upon duty, and Crone was in the guard-room at the same time; I secured him, and had them before the Justice, and they were committed : The colonel was a little affronted that I should take them off the guard, and said, he would deliver them up, as soon as the guard was relieved.
Q. What did they say before the Justice?
Rouchead. They had a great many frivolous excuses, and Hudson said he had got into a skittle-ground with them at play, at the White-Horse, on the other side of Kilburn-Turnpike.
Jury. Did Justice Poulson admit Frost as an evidence?
Rouchead. He would have admitted him to have been an evidence at first, and Frost said he never touched the man, but knew the other two that did it; and afterwards Frost would have been an evidence, but the Justice told him he should have spoke sooner, it was too late, or else I believe he would have been admitted an evidence.
Pris. Collins. I said to the Prosecutor, if you have a mind to be a soldier, I can help you to money for us all, and I put my hand in his pocket, and put sixpence into it, and presently afterwards he was stripped, in order to fight my comrade, Crone, and he stripped himself stark naked, and said, he would not go along with us.
Q. You thought you had inlisted him then?
Collins. Yes; I put the sixpence into his pocket to be sure, and I thought he would be a soldier, for he said he would go through the world with me.
Q. What was the occasion of his stripping?
Collins. He was going to fight with my comrade, and I said there was no occasion to pull his clothes off.
Q. But you took his clothes away?
Collins. I never took any of his clothes, to take them away.
Pris. Crone. The Prosecutor challenged to fight with me, and I said I would not fight with him, and I went away directly.
Pris. Frost. I had been a haymaking, and the Prosecutor had left his fork in pawn for a penny; he followed me stark naked; I went into a house to drink a pint of beer, and the Prosecutor came in, and challenged me with robbing him.
Q. Did you ever hear any harm of them before?
Matthews. Never, and they were always men that came as clean to their duty, as any men in the world; my colonel, Joseph York , is abroad, but if he was here, he would give them the same character as I do.
Q. Do you know any thing of the other two?
Hannibel. I have known them upon duty, and they always behaved well.
Thomas Davison . Frost always behaved well, and I lived with him about a month.
[ The Jury desired that John Hudson might be called again, and desired they might ask him the following questions. ]
Q. to Hudson. Was you playing with these people at skittles?
Hudson. Yes, two or three games.
Q. Did they call one another by their names?
Hudson. No, only comrade, and comrade.
Q. Had you any drink after you played?
Hudson. Yes; after we had done, every man had a pint of beer.
Q. Did you pay for it?
Hudson. Yes; I laid a penny down, and left my pitchfork for the halfpenny.
Q. Did any body talk of putting sixpence into your pocket?
Hudson. I never heard such a word, as I wish God to be my judge.
Q. Did they say any thing to you about inlisting?
Hudson. No, they never said any such thing, as God is my judge.
Q. Now if you paid a penny, and left your pitchfork for a halfpenny, how could you have a shilling for them to take?
Hudson. That shilling was to pay for my lodging and washing.
Q. How much did you receive?
Hudson. I received three shillings, all but twopence.
Q. When was you paid?
Hudson. On Saturday, the same day.
Q. What did you do with the rest of the money?
Hudson. I paid it where it was owing.
Q. I desire to know how you came by those breeches, which Rouchead says you had on, when you came into the alehouse, if you was stripped of all your clothes?
Hudson. I left the breeches, and a waistcoat, at one Jones's, and as I was returning home along with Frost, I took that pair of breeches and waistcoat.
Frost was acquitted , and the Jury found Collins and Crone guilty of the felony, but acquitted them of the robbery .
328. John Collins , otherwise Collings, was indicted, for that he, on the 18th of December, 1731, at the parish of St. Ann, Black-Friars, did marry Alice Vintyman , widow; and that he afterwards, to wit, on the 26th of May, 1748 , at the parish of St. Botolph, Bishopgate , did feloniously, and unlawfully, marry, and to wife take, Elizabeth Watkins , widow, his said wife, Alice being living, and in full life , against the Statute in that case made and provided.
Council for the Prosecutrix. My Lord, I am council in behalf of the Prosecutrix, the poor unfortunate woman, who is married to the Prisoner, and married him, thinking him to be sole, tho' he had a wife living. Gentlemen, the Prisoner got into the Charter-House, and there is no body can get into the Charter-House without being single *, and, upon proof of his being married, he was turned out. He afterwards got into company with one Mrs. Elizabeth Watkins , widow, and she thought the Prisoner would make her a good husband, and consented to be married to him. Gentlemen, we shall call our witnesses to prove the first and second marriages, and if we do, no doubt but you will find the Prisoner guilty; for this is gross adultery.
* The person must make an affidavit that he is single, before he can be admitted.
Rev. Dr. Grainger, rector of Black-Friars, sworn.
Grainger. Yes, I do.
Pros. Coun. Have you got the register here?
Grainger. Yes. [ The register was produced.]
This is seventeen years ago; it is the 18th of December, 1721, John Collins and Alice Vintyman were married; it is entered, John Collins , of St. Giles's, Cripplegate, and Alice Vintyman , of All-Saints, London, widow.
Pros. Coun. Do you know Collins?
Pros. Coun. Did you know him seventeen years ago?
Hayward. About seventeen years ago the Prisoner married Alice Vintyman, and she lost her freedom, by marrying a foreigner; she kept a publick-house in All-Hallows, Thames-Street, and afterwards lived in Distaff-Lane.
Pros. Coun. Did they live together as man and wife?
Hayward. She always owned him as her husband, and went by the name of Collins.
Pros. Coun. Do you know any thing of Collins's owning her to be his wife?
Benjamin Vintyman , died in Collins's house, in Distaff-Lane, and I buried the deceased person from that house.
Pris. Coun. Then you know nothing of this but by the general report of people.
Hayward. No: I know the son was very much displeased at it.
Pros. Coun. When did you see this Mrs. Collins, that was Vintyman?
Hayward. I have not seen her these three or four years, to my knowledge.
Warner. Yes, I lived over against her; I have seen her at my own house many a time, but I know nothing of their being married; I know they passed as man and wife.
Pris. Coun. Did he behave to her as man and wife?
Warner. It was said that he did.
Pros. Coun. Do you know that he ever acknowledged her to be his wife?
Warner. Yes, many a time; the Prisoner kept my books for me.
Pros. Coun. Where do you live?
Warner. I live at Trigg-Stairs.
Pros. Coun. You say you knew this Vintyman; when did you see her last?
Warner. I saw her last Tuesday.
Pros. Coun. Was she living, and well then?
Jury. It is very plain that she was married, or she could not have lost her freedom; and if fifty witnesses were called, it would be only losing time.
Pros. Coun. Do you know the Prisoner?
Pros. Coun. Are you married to him?
Watkins. Yes; I was married to him the 26th of May last, (it was six weeks yesterday) at St. Botolph, Bishopsgate.
Pros. Coun. How came you to discover that he was a married man?
Watkins. My maid-servant told me that he was a married man.
Pros. Coun. Was you married by a clergyman of the Church of England?
Pros. Coun. Who was you married by?
Watkins. I think it was Mr. Warren.
[The Prosecutor's council produced a letter, and delivered it into Court.]
Q. Look upon that letter, have you seen this before?
Watkins. I received it from his own daughter's hand.
Q. Is that his own hand-writing?
Watkins. It is his own hand-writing.
Q. Do you swear it to be his hand-writing?
Pris. Coun. This is not directed to any body. I question whether they can read.
Q. to Watkins. Have you seen him write?
Watkins. Yes, many a time.
[The letter was ordered to be read, which was as follows.]
'' My dearest wife,
'' As I always shall term you, for the other '' is, by agreement, to me no more, than one that '' I never saw; and might I have 10,000 l. shall '' never live with her, being more than divorced '' from her, in the sight of the Almighty; and '' therefore, notwithstanding the vile character '' that miscreant may have given you of me, '' I shall ever remain your sincere friend; and before '' I would wrong you, or your children, of a '' penny. I would first put my hand into the fire, '' and burn, having nothing more at heart, of '' all worldly things, than to secure you in your '' property, and shall ever be devoted to your '' service, and am
26 June, 1743.
Q. to Mrs. Watkins. What did he say to you, when you discovered this?
Watkins. He said he had another woman, and he knew it was against the laws of the land, but it was not against the law of God.
Q. Did he come and live with you, after marriage, as man and wife?
Q. Do you know that man at the bar?
Q. Do you know Mrs. Watkins?
Q. Did you see her married to Collings?
Mitchell. Yes; I gave her away.
Q. At what church?
Mitchell. At St. Botolph, Bishopsgate.
Prisoner. I would have put this off, and I would not have married; and she told me, if I would not marry her soon, she would not have me at all. I told her, I had a woman that I had kept company with sixteen years; but I never said any thing of marriage to her.
329. Sarah Skarrett , wife of Joseph Skarrett , of St. Mary, Whitechapel , was indicted for stealing twenty yards of ribband, value ten shillings, and a quantity of Ferrit, &c . the property of Maria Burgland , June 20 .
Maria Burgland and Elizabeth Clowder being bound in recognizances to give evidence against the Prisoner, and they not appearing, the Prisoner was acquitted , and the Court ordered their recognizances to be estreated.
John Barnard . Last Sunday morning, about three o'clock, my maid heard a noise, and told me, the house was broke open; a little afterwards I heard another noise, and the Prisoner had left his shoes, and by these shoes there was a ladder standing at the window, which was left there, (as the house was repairing,) and had been there for a fortnight before.
Q. What was the Prisoner?
Barnard. He was a bricklayer's labourer , and had worked for the person who does my work, and had worked there ever since Easter.
Q. Are you sure the windows were shut at night?
Barnard. I cannot say they were; it is possible they might be left open upon the account of the beat.
Q. What sort of a house do you keep?
Barnard. I have two houses together; the house that he broke into is let to two gentlewomen, and the other I live in myself, in Fisher's-Street, Red-lion-Square. The watchman was called by one of the maid-servants, and found the Prisoner wrapped up in a blanket, in my kitchen, lying upon two chairs.
Prisoner. I was drunk that Saturday night, and one of the plumber's men was as drunk as I, and whether I went in at the house, the two ladies live in, or not, I cannot rightly tell.
Q. Did you see her take it?
Hewitt. No; but she confessed the taking it before Justice Berry, out of a chest of drawers in Mr. Brooker's house.
Q. In whose custody were these two guineas?
Hewitt. In my sister's; I gave them to her to keep for me.
Q. Where did you put this money?
Brooker. In a chest of drawers, but I do not know whether they were locked up.
Q. Did she live with you as a servant?
Brooker. She used to come backward and forward, to play with the children for a bit of victuals.
Q. Do you know any thing of the Prisoner's taking this?
Brooker. No, only as she confessed it before the Justice; she said she pulled the drawers open, and took it; she did not say what she took it for.
Hewitt. I had thirteen shillings and sixpence of my money again, and I would not have prosecuted the Prisoner, but her friends threatened to prosecute me, if I did not.
332. + John Wright , of St. Paul, Shadwell , was indicted for assaulting William Bridgman on the highway, putting him in fear, and taking from him a hat, value 5 s. and a peruke, value 15 s his property , April 18 .
William Bridgman . On the eighteenth of April, about half an hour after ten in the evening, I was going along Ratcliff Highway , and a man gave me a great blow on my neck, and took my hat and wig, and run away; he did not knock me down, but I had much ado to recover myself. I have never seen my hat and wig since, and I never saw the gentleman, till I saw him before the Justice.
Mary Matthews . Some time last April he came into Leach's house a little after ten in the evening, and I served him with a dram; presently afterwards he went out of the house, and in about a minute or two I saw him give this gentleman a drive at his head, and he snatched his hat and wig off his head, and run down Chambers-Street
Bridgman. I am sure I was served so, that is all I know.
Jury to Bridgman. Did you know any thing of this gin-shop?
Bridgman. No, I did not. There was a house near, and the Prisoner run into that house; I said to the officer, go into that house, for the man is run in there; the house was searched, but he was not found there. I had about 50 l. in my pocket, and, I suppose, if I had not stood upon my legs, I should have lost that.
Matthews. I am in custody; I was not taken up, but came as a voluntary evidence.
Q. Do you know where the Prisoner lives?
Matthews. He lives in the Back-Lane, Ratcliff-Highway, by Chamber's-Street, about a quarter of a mile from where this was done.
Q. What day of the month was that?
Ann Tennant . I cannot tell the day, for I can neither read nor write; it was between eight and nine at night, and he did not go out afterwards, for I lay there all night, and we went to bed between nine and ten.
Q. How far is the room he lies in from the room you lay in?
Tennant. They are close together; one is a fore room, and the other a back room.
Q. Is it not possible, that he might go out, and you not hear him?
Tennant. No, I never sleep so heavy as that.
Q. What is his character?
Webb. Middling, I believe; I never heard that he was taken up before.
Guilty, 10 d.
Mr. Broomwich said that he is a leather-gilder , that the Prisoner worked with him, and till this thing happened, he had a good opinion of her. Several people gave her a very good character.
It appeared, that the Prisoner nursed Mrs. Gunn in a miscarriage, and stole these things at different times.
Guilty, 10 d.
Guilty, 10 d.
The Prisoner was apprentice to Mr. Smith; and Mr. Smith said he was a very good workman, and a very ingenious boy; the Prisoner begged of Mr. Smith to take him again, but he would not agree to it.
Tho Milward . I had been taking leave of some captains at the Hermitage, and as I was walking by the two sugar houses, by Well-Close-Square , about twelve o'clock at night, I was suspicious of a man that was going along in the highway; the Prisoner did not know me, and I did not know him at first, though I have drank with him many a time. I took my watch out of my fob, and put it into my coat pocket, and I was not afraid to see any body, for I had not much money in my pocket: He came up to me, and said, D - n you, Sir, your money. I struck him on the hand, run after him, and called out watch; and at the end of Neptune-Street there were two watchmen;
Pris. Coun. How long have you known the Prisoner?
Milward. Twenty years.
Pris. Coun. Has he been evidence in any cause in which you was concerned?
Milward. I owe no body any ill will.
Pris. Coun. I ask you whether he has, or has not?
Milward. I don't know but he may.
Pris. Coun. When you called out stop thief, did not he run back towards you?
Milward. I did not call out stop thief, I called out watch.
Pris. Coun. What did you charge him with, when you carried him to the watch-house?
Milward. I will tell you, Sir; I never knew a ropemaker hanged, and I was not willing to hang him, and I only charged him wit h an assault.
Pros. Coun. Had he any weapon with him?
Milward. I don't say that he had.
Court. Did he demand your money of you?
Milward. Yes; he said, D - n you, Sir, your money, and I struck him; he then run away, and I run after him like lightening.
Prisoner. I was going along with two women, and one of them stopped to tie her garter; I said, my dear, shall I tie it for you? then I was in the highway, and Mr. Milward called after me, and said, you rogue, have I got you? and charged the watch with me; I said, Gentlemen, shall I go along with you? and I did go along with them; but he only said, that I had abused him, and assaulted him.
Robert Harrison (a watchman). There was watch called in Neptune-Street, and Mr. Milward came up, and said, What is the matter? and he desired the women to charge us with the Prisoner, but they would not, and then Mr. Milward charged us to take him to the watch-house.
Pris. Coun. What did he say he had done to him?
Harrison. He charged him with an assault.
Pris. Coun. Did the Prisoner call him by his name?
Harrison. He said, What do you want with me, Mr. Milward?
John Jones (a watchman). Mr. Milward would have had the two women have charged us with the Prisoner, but they would not; Mr. Milward was running after the Prisoner, and called out, Watch! Watch! and the Prisoner said, You need not call watch, for I will come to you directly.
Mr. Spencer (the constable). At the watch-house, Mr. Milward charged the Prisoner with an assault, and threatening to blow out his brains.
Pris. Coun. Did you see any pistol about him?
Milward. He had none with him.
Court. Did you see any women with the Prisoner?
Milward. I did not see any women with him, as I am here standing, before God and man; he came up by himself, though these two rogues of watchmen swear so.
Pris. Coun. And did not you desire any women to charge the watch with the Prisoner?
Pris. Coun. Was you sober, or not?
Milward. I was as sober as I am now.
Pris. Coun. Mr. Milward's spite will appear.
Mr. Touchfield call'd.
Pris. Coun. Do you know Mr. Milward?
Q. Did you ever hear him say any thing about the Prisoner?
Pris Coun. What is the character of the Prisoner?
Touchfield. Nothing bad.
Pris. Coun. Does he bear the character of a sober and industrious man?
Touchfield. I know nothing tricking in him; I know him to be a man that follows his business, and does as other men do, and I believe he is an honest man.
Mr. Eyres (a ropemaker). The Prisoner is a ropemaker, and a very honest man, and I hope I shall employ him again. There is a spleen in the case; he was an evidence against his son. The Prosecutor has drove him away from his work by a press-gang, and the Prisoner said he was afraid to come to work, for fear he should send him on board a man of war. I take this, upon my life, to be only spite.
Pris. Coun. Do you think he would do a bad thing?
Stannard. No more than I think you would, or any body else.
Elizabeth Murphy , was indicted for stealing a pair of sheets, &c. the property of Elizabeth Waters , in her lodging , June 1 .
341. 342. 343. Jane Hutchinson , Margaret Sutherland , and Sarah Morris , were indicted for stealing a gold ring, value 2 s. a pair of buckles, value 4 s. a lawn apron, value 4 s. a cap, value 2 s. the property of Eleanor Sands , spinster, June 17 .
Eleanor Sands. My Lord, I can only say that I was robbed, and I can swear to my goods, which I had from the man in whose house I was robbed; and they owned all before the Justice of the Peace. The buckles were in my shoes, the ring upon my finger, the cap was on my head, and my apron was on.
Q. Where was this done?
Pris. Hutchinson. It is a night-house.
Q. What part of the house was this done in?
Sands. In a little room.
Q. Did you go there to drink?
Sands. It was late, and I could not get in at home, and I wanted to pass a little time away.
Q. What time was it that you went there?
Sands. I can't say.
Q. Was you disordered in liquor then?
Sands. I was not as I should be; and these good women came in, and made a property of me. I had these things when I went in, and when I walked I had not them; but who took them I don't know. When they came to sell the buckles and the ring, they quarrelled about sharing the money, and so the thing was discovered; and they said before the Justice, that Peg took the apron, and that Jane sold the buckles.
Sands. That is the ring.
Q. Is that the ring you had when you went into Welch's house?
Sands. These are my buckles.
Q. Did you know how she came by them?
Steele. No, only as she told me they were given her.
Simon Welch . I have known Eleanor Sands about half a year; she came that night into my house in liquor, and I put her into a little room by herself, because no other persons should come to her; for the house was full of people.
Q. Were any of the Prisoners in your house then?
Welch. Yes, they were all there.
Q. Did you see them in the room with Eleanor Sands?
Welch. Yes; she was asleep, and I did not know but they might be acquainted, and I left them in the room with her to take care of her.
Q. Did Eleanor Sands complain, when she awaked, that she had lost any thing?
Welch. When she awaked, about six o'clock, she said she had lost a gold ring, a pair of silver buckles, an apron, and a cap; she told me she would make me pay for them, because they were lost in my place, and about three days afterwards they quarrelled about dividing the money.
Q. Were they at your house then?
Welch. No. This little girl, Margaret Sutherland , came and discovered the whole affair, and wanted to be an evidence; she told me, she took the gold ring off her finger, and put a brass one on in the room of it; and she told me where the buckles were sold, and what they got for them; that the apron was sold in Westminster for fifteen pence, and I found the cap upon Sutherland's head. Sands had told me the mark that was upon it. Hutchinson also wanted to be an evidence, and they wanted to keep Morris out. They said she got no more than five pence of the money, and she denied the fact all along.
John Lavers . I am regulator of the watch of St. Martin's. I was carrying a woman to Bridewell, and in walking through the Park, Jane Hutchinson told me, that Margaret Sutherland was going to swear her life away; and then they confessed the robbery that was done in the cellar, and I was with them before the Justice.
Morris acquitted , Hutchinson and Sutherland guilty .
Honner Higgins , and Ann Fling , otherwise Garrick, were indicted for stealing a silver watch, value 30 s. the property of Stephen Freeman , June 16 .
[The Prosecutor and the Prisoner being both Dutch, an interpreter was sworn. ]
Q. to Clas Fanaltena. Do you know the Prisoner?
Q. Does she keep a publick-house ?
Fanaltena. She has nothing to sell; it is her own house, and she lives in it. About four weeks ago I was at her house, and she took my money out of my pocket; she took nine guineas.
Q. What made you go there?
Fanaltena. I came out of a publick-house, and was going to my lodging; she asked me for a pint of beer, and I went into her house; she said she had no beer, but brought two or three bottles of cyder; she asked for the money, and I gave her a guinea, but she would give me no change; and when I gave her this guinea, I had eight guineas more; I then fell asleep, and slept till about two o'clock, and she would have me pay for two bottles of cyder, or she would take my coat off.
Q. When did you lose this money?
Fanaltena. I lost it when I was asleep; and it is well known, to herself and the Justice, that she is the person that had it; she owned herself, that she took the money out of my pocket.
Q. What language was it in?
Fanaltena. In Dutch. She said before the Justice, that she took it out of my pocket.
Prisoner. He has been in my company for a fortnight, and before he went to sea. How did I steal the money from you?
Fanaltena. I will swear to it, and stand by it.
Prisoner. He was drunk, and gave the money into my hand. I wish the devil may carry me away, if he did not give me the money.
Fanaltena. I am sure I was not drunk, for I had only a share of a pot of beer, and I could drink ten before I should be touched.
Q. Was not you acquainted with her before?
Fanaltena. I might see her in the street, but I never was acquainted with her.
Prisoner. I can bring witnesses to prove it.
Mr. Barron. The Prosecutor lodges with me; and when the Prisoner was taken up, the headborough brought her to my house, and she talked good English, and she said she would give a note of hand for the money, if the Prosecutor would not carry her before the Justice, to be paid when her husband comes home.
Q. What did the Prosecutor charge her with?
Barron. He charged her with eight guineas, and she said she would give her hand seriven (that is a note of hand) for the money.
Robert Sutton . I took up the Prisoner, and car ried her before a Justice; she owned she had eight guineas, and would pay it when her husband came home; she offered two guineas and an half down to make up the affair, and a note of hand for the remainder.
Q. Can she speak English?
Sutton. She can speak English as well as I can
Prisoner. He came to my house every day.
Q. Ask her whether she meddled with his money?
Prisoner. He put the money into my hand, and he was as drunk as a hoy; he gave me the money but in the morning he repented that he gave it me, and I gave him three pounds twelve shillings back, in three guineas, and nine shillings.
Q. to Fanaltena. Did you receive three guineas and nine shillings back of her?
Fanaltena. I did receive three guineas and nine shillings.
[The Prisoner, though she pretended at first that she could not speak English, was asked whether she could speak English, she said Yes very plain.]
Guilty of the felony, and acquitted of privately stealing .
348, 349. + Elizabeth Kerr , otherwise Hubbard, and William Foster , were indicted for stealing a watch, value 3 l. a chain, value 5 s. and a silver seal, value 2 s. the property of Charles Beauchamp , privately from his person .
Q. How came they to be with you?
Beauchamp. They enticed me to go to their house; I had been at the Bull-Head just by where I live in Ratcliff Highway; I staid there from four in the afternoon till half an hour after six, and staid in company with the Prisoners till eleven.
Beauchamp. I was not drunk, I was a little heavy headed; I said I was afraid of being locked out; she said I need not mind that, for she had a good lodging; I agreed to have a bed at her house, and paid her a shilling for it: we had a tankard of beer (I gave her six-pence, but she returned no money:) I took a drink of it, and laid down upon the bed about one in the morning.
Q. Did you go to bed?
Beauchamp. No, there was no bed to lie on, but a sort of a blanket: about an hour afterwards Foster came and put his hand under the blanket, and he waked me in doing it; and then he made towards his wife (that woman) the Prisoner.
Q. Is she his wife?
Beauchamp. He calls her his wife; and then they both went out of the room, and presently I found my watch was gone.
Q. Did you attempt to lay hold of the watch when he took it from you?
Beauchamp. No, then I immediately got off the bed. for I had some valuable things in my pocketbook; then he came into the room again, and threatened me, and asked me why I did not go out; and he told me he would knock me on the head if I did not go out directly.
Q. Where is this house?
Beauchamp. In Elbow-Lane, by Ratcliff Highway . I told him I demanded my watch or his body, and then he said he would knock me on the head if I did not go out, and he put the candle out; I told him I had a right to be there till daylight.
Q. Could not you have got into the street?
Beauchamp. Yes, but then he would have locked me out; and he said if I would treat him, he would help me to my watch again: I told him I would if he would let me have my watch again; and I was in the porch [he explained it afterwards to be the stair-case] and he pulled me down stairs, and I thought the street was the best place for me, for I did not know but I might have been knocked on the head. I went to George Jennings 's, to desire him to knock at the door, but he was in bed: I knocked at the door, and the Prisoner said he would stab me, and offered to strike me with a key; and a woman coming by, said, I might take him up as he had robbed me; so the Constable and I secured him, and took him to the watch-house, and he said I should never have my watch again: he was carried before Justice Berry, and he ordered him to be confined till Monday.
Q. What happened then?
Beauchamp. She said if I would not hurt her, I should have my watch again.
Q. When was Foster carried before the Justice?
Beauchamp. They were both carried before the Justice on Monday morning, and she said she took the watch off the bed.
Q. That is what you know to be false?
Beauchamp. Yes, to be sure.
Q. Have you the watch again?
Beauchamp. Mr. Gosden has the watch.
Mr. Gosden produced the watch.
Beauchamp. This is my watch.
Q. Would you ask this witness any questions?
Pris. Foster. No, my Lord, he has said too much already.
Q. Have you any thing to say for yourself?
Pris. Foster. I do not know, I have not been at home since I have been here.
John Gosden . I keep a scavenger's cart, and live in Whitechapel Road. On Sunday was fortnight I was sitting at the house that I live at between seven and eight in the morning, and this woman came by, and said, who will buy a watch? I said if I would, she had never an one to sell; she said she had, and shewed it to me: I asked her how she came by it (for I thought she did not look like one that had come honestly by it) and she said it was her brother's. I challenged it, and she said she would trust it in my hands; I said I would keep it till I knew how she came by it: and I carried an advertisement on Sunday night, which was published on Monday morning; and the Gentleman had taken her up: she brought the Prosecutor to my house, and she said nothing to me, nor I to her. I cannot say any thing further but what the Gentleman has said.
Arthur Tutherly . I am the Beadle; I took the watch from Foster in the cage, and he said the Prosecutor should never have his watch again; and the woman that called me, told me the Prisoner's name was Elizabeth Kerr . Betty, said I, is the watch pawned? she said, if I would not tell any body, she would let me know where the watch was, and she carried me to Mr. Gosden's, who produced the watch. She said before the Justice, that she took the watch off the bed.
Q. to Foster the Prisoner. What are you?
Foster. I am a ballast-heaver . I went home on the Saturday night, to desire Betty Kerr to get some provisions for me, as she could do it better than I; for she washes, and does any thing for me: I gave her a pint of beer, and my adversary
Q. to the Prosecutor. When you laid yourself down upon the bed, was Foster come home then?
Beauchamp. No, he went for some beer.
Pris. Kerr. My husband is at sea; he is at South-Carolina; I go a washing and scowering, and clean his room: The Prosecutor came by, and asked me to drink a pot of beer, and we went to Mr. Mason's, at the Bull's-Head; the Prosecutor said, Those that could not make a meal of me, ought to go to Bed supperless; the Prosecutor came and sat by me, and put his beer into my pot; I asked him what he wanted, he said he wanted a lodging, and he went home with me; he said he had no money, but he would leave a thing in my hand, which was as good as money, and we went to Jennings's, and had some punch.
Prosecutor. I had nothing but beer all the day.
Pris. Kerr. And after drinking drams and punch, he asked me whether he should go to bed along with me; and though I never went to bed with any body but my husband, yet he importuned me so much, that I went to bed with him; he gave me his watch, and said he would come the next morning for it, and satisfy me, and give me something for my child and myself: I kept the watch two days, and when he came for the watch I went and shewed him where it was, and then he swore a robbery against me.
Q. You say you went to bed to him?
Pris. Kerr. Yes, and when I found myself in bed with a man, I got up.
Q. What time was that?
Pris. Kerr. About two o'clock.
Q. Was he asleep, or awake?
Pris. Kerr. He was awake. I got out of bed, and went to my own child, and then Foster was breaking open his door to get in.
Jury to Beauchamp. Did you ever say you would forgive her, if you had your watch again?
Foster acquitted , Kerr guilty of the felony, and acquitted of privately stealing.
Guilty, 10 d
Guilty, 10 d.
353. Mary Fowles , otherwise Fowler, was indicted for stealing two pair of sheets, and four shirts, the property of John Trotter ; two shirts, the property of John Smith ; and two pair of sheets, the property of John Probham , July 7 .
Guilty, 10 d.
358. + Robert Cunningham , otherwise Cullingham, late of Wingfield, in the county of Suffolk , was indicted upon a suggestion, that he, the said Robert Cunningham , after the 24th day of July, 1746, to wit, on the 19th day of August, 1747, at the parish of St. Paul, Covent-Garden, in the county of Middlesex, was in due manner charged, before Thomas Burdus , Esq; one of his Majesty's Justices of the Peace for the said county, by Robert Chinnery , a creditable person, upon oath, that he, the said Robert Cunningham , with divers other persons, to the number of three or more, after the said 24th day of July, 1746, to wit, on the 5th day of September, 1746 , were assembled at Tiberton, otherwise Tiverton, in the county of Suffolk , armed with fire arms, and other offensive weapons, in order to be aiding and assisting in running, landing, and carrying away uncustomed goods, &c . And that he, the said Thomas Burdus , Esq; did forthwith, to wit, on the said 19th day of August, 1747, certify, under his hand and seal, and did return the said information to the most noble Thomas Holles , Duke of Newcastle, one of his Majesty's principal secretaries of slate, who did, as soon as conveniently could be, to wit, on the 8th day of September, 1747, lay the same before his Majesty, in his Privy-Council; and that his Majesty did, on the said 8th day of September, make an order in council, requiring, and commanding the said Robert Cunningham , otherwise Cullingham, to surrender himself, within forty days after the first publication of the said order in the London Gazette, to the Lord Chief Justice, or to one other of the Justices of the Court of King's Bench, or to any of his Majesty's Justices of the Peace; and that this order was published in the two next succeeding London Gazettes. And that, on the said 8th day of September, this order was transmitted to the sheriff of the county of Suffolk; and that the said sheriff did, within fourteen days after the receipt thereof, cause the same to be publickly proclaimed on the two next marketdays, between the hours of ten in the morning and two in the afternoon, in the publick marketplaces of Dunwich and Saxmundham, being two market towns near to the place where the offence was committed; and that the said order was fixed up in the publick market-places of the said towns of Dunwich and Saxmundham; and that the said Robert Cunningham , otherwise Cullingham, did not surrender himself according to the said order, and therefore the said Robert Cunningham is, and stands convicted, and attainted of felony; and this the attorney-general, for our said Lord the King, is willing to aver and testify, and therefore prays the Court to award execution against the Prisoner.
Clerk of the Ar. Gentlemen of the Jury, the several issues contained in this suggestion the Prisoner has denied, and thereupon issue is joined, and you are to try these issues between our sovereign Lord the King, and the Prisoner at the bar.
Coun. for the Crown. May it please your Lordship, and Gentlemen of the Jury, the Prisoner comes before the Court in the manner I am going to mention to you.
The Legislature considering the great progress the smugglers had made, the height they were got to, and the violences they had committed, thought it necessary to suppress this practice; and in order to do that, there was an Act of Parliament
And gentlemen, the first step is to have the fact laid before a proper Magistrate upon oath, then that is to be laid before a secretary of state; then laid before his Majesty in council; an order made by his Majesty in council, and that order to be transmitted to the sheriff of the county where the offence was committed, and is to be proclaimed on the two next market-days, at two market towns near to the place where the fact was committed, and stuck up in the publick market-places of those towns, that the Prisoner might know what his offence was; then, by that Act of Parliament, he was to surrender himself, according to the directions of the Act; but if he did not surrender himself, he was to be convicted, as if he had been convicted of felony, in point of law; and this was done, upon account of that practice, which the Government thought so prejudicial to the publick.
My Lord, the Prisoner at the bar has been charged according to the directions of that Act of Parliament; he has been charged with being armed with fire arms, and assembled together, with three or more, to be aiding and assisting in running and landing uncustomed goods; and this has been laid before a proper Magistrate; and has been laid before the Duke of Newcastle, one of his Majesty's principal secretaries of state; has been laid before his Majesty in council, and an order made, and every thing has been done according to the Act of Parliament; therefore he is now, if these facts are proved, guilty of felony, and if he cannot disprove these things, he is attainted and convicted of felony; therefore it is incumbent upon us to prove these facts, and as you are a Jury according to the laws of the land, you are to try whether these facts are true, and if you find these facts, the Prisoner will have execution awarded against him, as a person attainted of felony.
Second Coun. for the Crown. My Lord, and gentlemen of the Jury, I will state to you what facts are to be proved, in order to have execution awarded against the Prisoner; and these facts are contained if the suggestion, which has been opened to you, by the gentleman who spoke before me.
First, That he was, on the 19th of August, 1747, charged before Thomas Burdus , Esq; one of his Majesty's Justices of the Peace, by a creditable person on oath, that he, with three or more, with fire arms, were, on the 5th of September, in the 20th year of his Majesty's reign, at Tiberton, in the county of Suffolk, concerned in running and landing uncustomed goods; this, which is the first fact, we shall prove to you by an information given before Mr. Burdus, on oath; and that Mr. Burdus did, on the nineteenth of August, 1747, certify, under his hand and seal, and returned the information to his Grace the Duke of Newcastle, one of his Majesty's principal secretaries of State; and that he did, on the 8th of September following, lay this before his Majesty in council; and upon this his Majesty made an order in council; for them to surrender themselves within forty days after the first publication of that order in the London Gazette; either to the Lord Chief Justice of the Court of King's Bench, or to one other of the Justices of the Court of King's Bench, or to one of his Majesty's Justices of the Peace.
Gentlemen, the next thing to be proved, is, that this order was published in the two next succeeding London Gazettes, and we shall prove to you, that this order was published in these two London Gazettes: Then we shall prove, that, on the 8th of September, this order was transferred to the sheriff of the county of Suffolk; and that he caused this to be proclaimed at Dunwich and Saxmundham, being two market towns near to the place where the fact was committed; and we shall prove, that these two market towns are near to the place, and that this order was placed up in the market-places of those towns; and then he is to prove, that he did surrender himself; but if he did not surrender himself, gentlemen, you will find the issues for the King.
Pris. Coun. Did he swear to this?
Chaworth. I should know him, if I was to see him again.
Pris. Coun. Do you think you have seen him?
Chaworth. I do not know.
Pris. Coun. Tell me whether you have, or have not?
Chaworth. I cannot.
Pris. Coun. This will not bear a verdict in a civil action.
'' This informant faith, that Robert Cunningham , '' Morley, Brook, and others, were assembled '' together, at Feberton, otherwise Feverton, '' armed with fire arms, on the 5th of September, '' 1746, and had landed twenty hundred '' weight of tea, and eight half anchors of brandy.
Coun. for the Crown. Do you know any thing of Mr. Burdus's certifying this to the Duke of Newcastle?
Choworth. Yes; I delivered it to Mr. Ward, the office-keeper at the Duke of Newcastle's office.
[The certificate, under the hand and seal of Justice Burdus was read.]
Coun. for the Crown. Do you know any thing of that information being laid before his Majesty in council?
Sharpe. This information was laid before his Majesty in council, the 8th of September, 1747.
Coun. for the Crown. And what was done upon that?
Sharpe. I had orders to issue an order, for Robert Cunningham , and several more, to surrender themselves, within forty days after the first publication of the said order in the London Gazette, and I sent it that very night to the sheriff of Suffolk, to have it proclaimed, and put up in two market towns, near the place where the fact was committed.
Coun. for the Crown. And I suppose to the printer of the London Gazette?
Sharpe. Yes; I sent it to Mr. Owen, the printer of the London Gazette.
[The order of council was read.]
Coun. for the Crown. Do you publish the London Gazette?
Q. Did you publish this order in the London Gazette?
Owen. Yes; I published it in the two succeeding London Gazettes.
Q. What days?
Owen. On the 8th and 12th of September.
[The order, printed in the Gazettes of the 8th and 12th of September, was read ]
Mr. Charles Tisted (Under-sheriff of the county of Suffolk ). On the 9th of September last this order came to me, directed to Mr. Robert Edger, high-sheriff of the county of Suffolk, and my clerk made two copies of it, and directed them to Henry Curtis , a bailiff at Saxmundham.
Pris. Coun. So you only give orders by hearsay; how did you come by them?
Coun. for the Crown. Did you receive from Mr Tisted two copies of the order for Cunningham to surrender himself?
Coun. for the Crown. Did you proclaim them?
Q. In what towns?
Curtis. The first was at Saxmundham.
Q. At what hour?
Curtis. Between the hours of ten and two, I believe it was.
Q. What day?
Curtis. On Thursday the seventeenth of September.
Q. When you had proclaimed them, where did you place them?
Curtis. At our whipping-post, as we call it; it is our pillory.
Q. Where did you proclaim them next?
Curtis. At Dunwich.
Q. Is Dunwich a market town?
Curtis. There is no market kept there, the sea has got it almost all.
Q. When was this?
Curtis. On the nineteenth of September, between the hours of ten and two.
Q. Are they both market towns?
Curtis. Yes, they are, and the two nearest market towns.
Curtis. I cannot, of my own knowledge.
Pris. Coun. Do you know whether it is a market town, or a market-place?
Curtis. The Justice of Peace told me it is a market town; it has been a corporation and a city.
Pris. Coun. So has Old Sarum.
Coun. for the Crown. Mr. Tisted, do you know Dunwich to be a market town?
Tisted. I do not know it, of my own knowledge, for I never was there.
Q. to Curtis. Do you know Dunwich to be a market town?
Curtis. Only as I am told; the Justice told me it was a market town, and that the market was kept on a Saturday. There were several people there when I read the order.
Pris. Coun. Mr. Curtis, you are very well acquainted, I suppose, with this country?
Curtis. Yes, pretty well. I live thereabout, and have about thirty years.
Q. Which is the nearest town to Benacre?
Q. How near is Beccles to Benacre?
Curtis. About fifteen miles.
Pris. Coun. It does not appear, that this is the Robert Cunningham that is meant in the indictment; for there is another Robert Cunningham , that is the Prisoner's father; and we do not know whether it is the father or the son that is meant in the indictment; besides, here is another Robert Cunningham in Court.
Pris. Coun. I can prove, that there is another Robert Cunningham of that town, with the same addition to his name as the Prisoner, and I think the Council for the King are to prove, that he is the Robert Cunningham , mentioned in the order of council. I beg leave to call my witness.
Coun. for the Crown. Not in such a case as this. Mr. Tisted, how far is Dunwich from Feberton?
Tisted. Three miles.
Q. How far is Saxmundham from Feberton?
Tisted. Five miles.
Pris. Coun. Where do you live?
Cunningham. I live in the next parish to Wingfield.
Q. How long have you lived there?
Cunningham. About twenty-three years.
Q. Do you know the Prisoner?
Cunningham. Yes; he kept a little farm.
Q. What is his character?
Cunningham. A very honest fellow.
Q. Of what place?
Cunningham. Of Wingfield.
Q. What is he?
Cunningham. A labourer.
Q. Is he living?
Coun. for the Crown. Is the Prisoner a runner of goods?
Cunningham. I never heard he was, in my life.
Cunningham. I don't know that he was.
Q. What place do you live at?
Cunningham. At Stradford.
Q. What trade are you?
Cunningham. I do not come as an evidence, gentlemen, but if you have any thing to say, I have persons to my character. I came to Smithfield market.
Q. Do you know Dunwich?
Cunningham. No, I never was there.
Cunningham. Last Saturday.
Q. Was he living then?
Pris. Coun. No, we have not.
Coun. for the Crown. It would have been very proper for you to have done it.
Pris. Coun. The Prisoner is so poor, he could not be at the charge of bringing him up.
Clerk of the Arraigns. Gentlemen of the Jury, do you find the issues for the King, or for the Prisoner?
Jury. For the Prisoner .
Coun. for the Crown. I desire, as the Jury have acquitted the Prisoner, to inform the Court, that I have another Indictment against him, and desire he may be detained; and he was accordingly ordered to remain in custody.
Edward Hammond *. I was coming through the Park, from Kensington , last Sunday evening, between seven and eight o'clock, and I met the Prisoner at the bar with a little child in her arms, and by the child's having good things on, and she was in a ragged condition, I did not think it was her child.
* The Court commended Mr. Hammond for acting so generous and careful a part, and recommended it as an example to others; and several gentlemen expressed an intention to employ, and promote him in his business upon that account. Mr. Hammond is a glazier, and lives in Park-Street, by Grosvenor-Square.
Q. What age is the child?
Hammond. He was in breeches; but I do not know his age. I said, I believe that is not your child; she said, the mother of the child had lent him to her to go a begging with, as she was a poor woman out of business, and I said she should go back with me to town, and shew me the friends of the child, and if she did, I would have no more to do with her. With that I went with her, and took her into a publick-house, and would have charged a constable with her, but he would not take charge of her. I asked the child what his name was, he said his name was Thomas Taylor , and that his father was a life-guard-man, but could not tell where he lived; however, I being acquainted with several of the life-guard-men, went to one Taylor, and then another Taylor, till I found his father out; the mother came, and said he was her child, and that she did not lend him to the Prisoner. The child had a coat on, but the waistcoat was under the Prisoner's petticoat, and the child's mother said it was her child's waistcoat. I saw the waistcoat in the Prisoner's lap, and it fell down to her feet.
Q. Did you miss the child?
Taylor. Yes; and I heard my child was picked up in the Park, and was at a house in Park-Street; I went, and there was my child, and the Prisoner was there; the waistcoat was held up, and I said, that is my child's waistcoat.
360. + Joseph Dawson , otherwise Portuguese, of St. Mary, Whitechapel , was indicted for stealing ten guineas, the property of John Christopher , in the dwelling-house of the said John Dawson , June 24 .
361, 362, 363. + Sarah Eames , Mary Higby , and Ann Myers , were indicted for breaking and entering the dwelling-house of Thomas Skelston , about the hour of one in the night, and stealing a Holland shirt, a pair of stays, a pewter plate, a coffee-pot, a looking-glass, three brass candlesticks, a chocolate pot, a pair of snuffers, and stand, a tinder-box, and an apron, the property of Thomas Skelston ; a camlet gown, a black hat, a pair of stays, and two silk handkerchiefs, the property of Alexander Robinson , June 8 .
Q. How came you to know this?
Skelston. Higby and Myers confessed it.
Q. What did you say to induce them to confess it?
Skelston. They confessed it freely, and they said they had pawned them, and sold them; they confessed it before Justice Ricards.
Q. What time did you go to bed that night?
Skelston. Between eleven and twelve, and was called up between two and three; and when I got up, I missed these things.
Q. How did they get in?
Q. What sort of a window is it?
Skelston. It is a pretty large sash window on the ground-floor.
Q. Where do you live?
Q. Did you leave every thing fast-at night?
Q. Is there any fastening to this sash-window?
Skelston. No; there was one Mrs. Robinson and a young woman in bed, and they took Mrs. Robinson's cloaths away, and the bedclothes off the bed, but they never heard them, or knew any thing of the matter.
Q. Have you got any of your things again?
Skelston. I got my stays, and some other things, by their direction.
Q. Is this room next the street?
Robinson. No, it is next the alley.
Q. Was there any thing happened to you in the night, between two and three o'clock?
Robinson. I awaked, and was a cold; the clothes were taken off the bed, and the window
Q. Do not people kick the clothes off the bed in hot weather?
Robinson. They may, but these were put at the other end of the room.
Q. Did you see or hear any body in the room?
Robinson. I did not see or hear any body; but I found that my clothes were gone, a gown, a pair of stays, and a bever hat; and I missed the brasses off the chimney-piece.
Q. Were these things in the room when you went to bed?
Robinson. I pulled my clothes off when I went to bed.
Q. Have you found your clothes again?
Robinson. This boy, who is in Court, said, if I would give him half a guinea he would tell me where the things were, but he would not tell me without half a guinea. I told him I would give half a guinea to any body, and he told me they were sold by two of the Prisoners [Higby and Myers] to one Sarah Bowers ; her name is Russel now, she is married since; and that they sold the hat and gown for six shillings.
Q. What are you?
Mills. A Christian.
Q. What do you know of this matter?
Mills. I was destitute of a lodging that night, and I lay at one Carrol's, in Winford-Street, and in the morning I saw these people unsold the things.
Q. At whose house?
Mills. At Carrol's; Higby lay there that night.
Q. What things did you see there?
Q. How came you to be there?
Mills. I had some words with my grandmother and went out; I went to bed at half an hour after ten, and they were at Carrol's then.
Sarah Bowers . Ann Myers came last Friday morning, between eight and nine o'clock, and knocked me up; and I bought of her a black bever hat, a gown, and the brasses (these are the brasses); I gave her seven shillings for the brasses, four shillings for the gown, and two shillings for the hat.
Q. to Myers. Did you sell any thing to this person?
Myers. I sold them to her, and she knew them to be stole.
363. + John Lancaster , was indicted for stealing a pair of sheets, value 8 s. two handkerchiefs, value 4s. three half guineas, and fifty shillings in silver, &c. the property of John Smith , in his dwelling-house , June 6 .
John Smith . The Prisoner lodged in my house about a fortnight before this happened, and gave me the slip, and went away. I went out that day about ten in the morning, and came home about four in the afternoon, and found the doors open, my boxes open, and rummaged, and my things gone; but one of my neighbours telling me they saw a couple of men lift another man over the pales, who by description was the Prisoner, I took him up the next morning, and had him before Justice Tall; and the corner of the handkerchief, that the things were tied up in, was hanging out of his pocket, I said that was my handkerchief, he said he had had that handkerchief several years.
[The constable produced the handkerchief, which he took from the Prisoner, and said the Prisoner had six shillings and sixpence in his pocket.]
Smith. This is my handkerchief, and the handkerchief that the Prisoner had. I know it by the mark, it is marked with an M.
The Constable. The Prosecutor said, the Prisoner told him he had no money, and desired him to give him three halfpence for a pint of beer; he said he had bought a new pair of breeches, and had spent a good deal of money that day.
Q. You did not know the money, did you?
Smith. No; there were no marked pieces. He was asked how he came by the money, and he said he borrowed about half a guinea of two masters, and the Justice was so good as to let him send for his masters, but they said they did not let him have any, and that was the reason the Justice committed him; and going along, the Prisoner said, it was well for the Prosecutor that he did not come home while he was in the house, for if he had, he should have done him a mischief.
Prisoner. The Prosecutor is a very hard-mouthed man. I desire to know, whether I told him I had no money?
Smith. You did tell me you had no money, and asked me for a pint of beer, and I gave you a pint of beer.
Q. Did you see his face?
Kingston. I had a fight of it.
Q. What time of the day was it?
Kingston. About two o'clock in the afternoon; I did not trouble myself any further, for I did not think he was going to rob the house.
Q. How long did he sit upon the pales?
Kingston. Not long, and then I heard him jump into the yard.
Q. Did you ever see the Prisoner before?
Kingston. Not that I know of.
Q. Is he the man that came over the pales?
Kingston. To the best of my knowledge, he is the man.
Prisoner. Did you see me there?
Kingston. To the best of my knowledge, you are the man that sat upon the pales.
Q. Do you recollect what clothes the man had on that was lifted over the pales?
Kingston. He had a brown coat like Mr. Smith's, and a brown linen apron, and he was of a brown complexion.
Elizabeth Atkinson . I live in Thompson's Rents, overagainst Mr. Smith's, I was coming along about the middle of the day, when Mr. Smith's house was robbed, and I saw two sailor like men lifting another over the pales, and I thought it was somebody belonging to Mr. Smith, therefore I did not much observe it, and the two men said, Folk will say we come to rob the house.
Q. Do you remember the person?
Atkinson. I cannot say that I do.
Q. Do you remember what clothes he had on?
Atkinson. He had a brown coat, and a brown linen apron.
Q. What trade was the Prisoner bred to?
Atkinson. He said he was bred a weaver .
Q. Had the Prisoner a brown coat on when you met with him?
Smith. Yes, and a linen apron.
Prisoner. Pray, madam, do you know me?
Prisoner. Did you see me there, madam?
Atkinson. I saw two men lift another man over the pales in a brown coat, with a linen apron, but I did not observe the man.
William Gitters . I know this handkerchief to be the Prosecutor's, because the Prosecutor lent it me several times; for I lodged at his house, and the constable said this is the handkerchief he took from the Prisoner.
Prisoner. How long have you had that handkerchief?
Smith. About four years, and this is my handkerchief.
Ann Morse . I met with the Prisoner about six week ago, about four o'clock in the afternoon, and he told me he was going to buy a shirt, and asked me to go with him; and in Rag Fair there was a woman standing with a handkerchief in her hand, with a mark very much like an M, and the Prisoner bought it, and I verily believe this is the handkerchief he bought.
James Grant . I was at Mr. Smith's house before the robbery was committed, and he said he had taken some things out of pawn, and was not worth five shillings in the world. I have used Mr. Smith's house.
Q. What house does Mr. Smith keep?
Grant. He sells a dram.
Q. What business are you?
Grant. I am a journeyman cheesemonger; I lived with Mr. Humphry Wright, in Whitechapel, five years, all but seven weeks, and served be hind his counter
Q. to Smith. What is your business?
Smith. My business is to get in small debts; ask him whether I did not get in a debt for him?
Prisoner. Yes, he did.
Q. How did he behave?
Dormer. As other lads do.
Q. You seem to hesitate; did he behave well?
Dormer. I never knew any thing against him.
Smith. This witness said he had the Prisoner twice before a Justice.
Dormer. Yes, but this was not for a felony, it was for neglect of his business, as boys will do.
James Low . I have known the Prisoner eight or nine years, and lived next door to where he served his time; I never knew but he minded his business, and he is a very sober honest fellow. I could bring a great many people to his character; he kept my son company, and has gone to church several times with him.
Atkinson. I live by him, and never heard any thing against him; he is as civil a neighbour as any in the world.
Isabella Oliver. Mr. Smith is a very civil neighbour, and a man of a very honest character.
365. Ann Mullins , was indicted for stealing a pair of silver shoe-buckles, a camblet gown, a petticoat, a cloth cloak, a handkerchief, a cap, a shirt, a shift, and several other wearing apparel, a thirty-six shillings piece, and fourteen shillings in silver , the property of Elizabeth Harris , July 6 .
Elizabeth Harris . The Prisoner nursed me in my lying-in, and robbed me of every thing that I had, but the shift on my back. I have lain in but fifteen days to day, and was hardly able to come out; and I had not a farthing left for me nor my babe. She gave the child some stuff to sleep, and she did sleep two days, and never waked; she gave me something to sleep, and I slept all that afternoon, and the next day.
Q. What time did you awake?
Harris. About half an hour after two on the sixth of July.
Q. Where was the nurse then?
Harris. She was gone. I sent for my brother, and she was taken up the day before yesterday.
Q. What clothes had she on?
Gray. She had all the clothes on that are here; I took them off her back, and here is a ring she had on her finger.
[Mr. Gray produced a stuff gown, a quilted petticoat, a cloth cloak, a ring, and several other things, which Mrs. Harris swore to be hers.]
Gray. I keep a publick-house by Drury-Lane playhouse; the Prisoner was at my house the day before, very much in liquor, with a pair of silver buckles on, which the Prosecutrix owned.
Mrs. Hunt. I am the Prisoner's mother-in-law; I have known her from her infancy, and she is a very honest person; I took care of her, as one of my own children, and never heard any harm of her in my life.
James Ashburne . I am servant to Mr. Mohun, a linendraper in Cheapside; I have seen these fellows pick pockets very often, and I saw Juggins take the handkerchief out of the Prosecutor's pocket. There was one Thomas Clark , a coalheaver, there, that I believe is see'd by this gang of pickpockets, who saw it done. Juggins owned that he took the handkerchief, and gave it to Williams.
Thredgold. Juggins fell down on his knees, desired I would forgive him, and he would go on board a ship directly; but Williams said, if his hands were at liberty he would do for me, either by night or by day.
Both guilty .
368. Richard Hawkins , was indicted, for that he, after the 24th of day of June, 1731, to wit, on the 27th of May, 1748 , one hundred and seven pounds weight of lead, fixed to the dwellinghouse of John Sturgis , did rip, steal, take, and carry away , against the Statute.
Ann Peterson . On Saturday before Whitsunday the Prisoner took a gold ring, a guinea, and half a crown, out of my own lap, upon the bed in my chamber. I am but a servant , I lived at my Lord Lisburne's.
Q. Had you any company in your bed-chamber?
Peterson. No body, but the Prisoner and I; he came with an intent to marry me.
Q. So he came with your free consent to pay his addresses to you?
Peterson. I cannot say but he did, and he desired I would promise him marriage on the Saturday; for he said I might as well do that, as remain single. First he told me he was a Hampshire man, and then he told me he was an Irishman.
Peterson. About a quarter of an hour.
Q. How did he take them?
Peterson. He took them feloniously out of my lap.
Q. Did you desire any body to stop him?
Peterson. I did not cry out stop thief, for I did not think he would have served a person so, that he pretended to have a value for.
Q. When was you to have been married?
Peterson. That evening, at May-Fair Chapel. I was suspicious of his leaving me, and I went out along with him; he took me to the Red Lion in Silver-Court (I lived in Paradise-Row) and he dropped me in that strange place, and left me with one of his countrymen.
Q. When did you take him?
Peterson. On Whitsunday, when he was going to dine on a pigeon pye, with all his company at his lodging.
Q. Had you ever been at his lodging?
Peterson. Yes, once.
Q. What did he say, when you took him?
Peterson. He made a great many out of the way speeches, that were not agreeable, to be, and he owned he took the ring and the money.
Jury. Did you make any objection, when he took the money out of your lap?
Peterson. Yes, and I desired he would return it me again.
Pris. Coun. Do you know Mrs. Barnes?
Q. Did not you borrow a ring of her, in order to accommodate you for your marriage?
Peterson. I bought a ring of her.
Q. Was not the hour six o'clock fixed upon for you to be married?
Peterson. No, Sir, it was seven o'clock.
Q. Did not he come to you between five and six o'clock, in order to go with you to be married?
Peterson. Not with my ring. Must a person come to rob me? Gentlemen, take this into consideration. He run away before the Justice, and that looked very unhandsomely. There was one Elias Turner bid him run away, and the Justice said he would commit any body that should rescue him.
Prisoner. Please to ask her what place we went to?
Peterson. We went to the Red Lion, in Silver-Court, and he left Mr. Macguire with me; he said, my love, I will come to you presently; and Mr. Macguire said, He does not use you well, nor does he use me well, to leave you in this manner.
Q. Consider, madam, you are upon your oath, were not all these things taken by your consent?
Peterson. No, he took them, all together, out of my lap, without my consent. I was doubtful of him, because he first said he was a Hampshire man, and then he said he was an Irishman; but I was glad I missed of him.
Q. Did he own he robbed the woman?
Barnes. He said he took the things from her, and that he had the ring in his pocket.
Q. Did he make any excuse before the Justice?
Barnes. He said he got a little in liquor, and forgot it; she followed him till twelve o'clock at night, and he could not be found.
Q. Did she buy a ring of you?
Barnes. Yes; she bought it about a fortnight or three weeks before, and she gave me seventeen shillings for it; the Prisoner went out of my house to the Red Lion along with her, and he said, Mrs. Barnes, I will be back again immediately.
Pris. Coun. Were not Mr Hamilton and Mrs. Peterson often together?
Barnes. They were sometimes, there is no harm in a person's coming in an honourable way, if they come frequently; and there is nothing to the disreputation of the woman. I think it is a barbarous thing to see a person abused in this manner, and by an Irish fellow.
Thomas Townsend (constable). Between eleven and twelve o'clock in the morning the Prisoner was brought to me, and I had him before Justice Fraser; after he was committed, he pretended to go to make water, and run away, but I run after him, and took him again. She said before the Justice, that he had robbed her of a guinea, half a crown, and a ring, but he said she gave them to him, which she denied.
Q. to Mrs. Peterson. Is that your ring?
Peterson. I cannot say, because there is no mark upon it.
Q. to Mrs. Barnes. Is that the ring you sold to Mrs. Peterson?
Barnes. It is like mine, but there is no stamp upon it.
Mrs. Biggs. I live in Tyburn-Road, and keep a publick house in the Parish of St. George, Hanover-Square. I kept a house several years there.
Q. Is it any sign?
Biggs. It was the sign of the Bricklayers-Arms, but I put up my sign, which I had at the house I came from; which was the sign of the Red Lion, but the sign was put down.
Q. Is there any sign at all?
Biggs. There is no sign at all.
Q. Was Mrs. Peterson ever at your house?
Biggs. Yes, she was there the Saturday before Whitsunday; I believe she came about eight o'clock at night, and asked for Mr. Hamilton, and said her case was very deplorable, that she had given him a guinea and half a crown, and that she had given him a ring, that she borrowed of her landlady, in order to be married to her at May-Fair Chapel.
Q. Did she say when she was to be married?
Biggs. She said she was to be married that night, but that she was not married to him; she lay with the Prisoner all night at my house, and I would have turned her down stairs, or charged the watch with her.
Q. It is a very extraordinary thing, that a woman should come and tell you, that she was going to be married, and yet he with he man all night; you know you are upon your oath?
Biggs. I think I am not a child; I am an honest woman.
Peterson. I desire she may be asked how long it is since she was cook at the Fountain-Tavern on Ludgate-Hill?
Q. You said you was not a child, but I believe you are old in wickedness.
A Juryman. She kept a house in St. Ann's parish a little above a twelvemonth ago.
Pris. Coun. Has he no wound that renders him incapable of serving his country?
Kellock. I believe he has a pension from Chelsea. I never heard but what he behaved well.
Mr. Turner. The Prisoner is a shoemaker by trade; he lodged in one of my houses about six months, till the time he was taken up.
Q. Had not he a lodging at Mrs. Bigg's?
Turner. Mrs. Biggs had a lodging at my house.
Q. Was it not the Bricklayers-Arms?
Turner. It was about a year and a half ago.
Q. Was there a sign to the house before Mrs. Biggs came to it?
Turner. No, there was not.
Q. Had there been any for a year, or a year and a half?
Turner. I believe not. The Prisoner has been in the army and navy, and I believe he has had a pension about half a year.
Priscilla Bryan . Mrs. Peterson said the Prisoner was a rogue, and had disappointed her, and that he should never marry a woman in England, if he did not marry her, for she would either hang him, or transport him.
Guilty, 10 d.
371. Daniel Cable , was indicted, for that he, on the 23d of December last, at a court of wardmote , holden (by adjournment) for the ward of Faringdon Within, for the election of commoncouncil men for that ward, for the year ensuing, before Sir Henry Marshall , Knt. alderman of the said ward (whereat Thomas Parr , Robert Stringer , James Price , Michael Martindale , Thomas Hodges , Joseph Baxter , John Brown, Edward Newman , Henry Sisson , Maurice Griffith , George Harrison , Richard Sclater , Samuel Seawell , John Patterson , Thomas Rodbard , Thomas Smith , and John Walker , were declared duly elected, and a poll was thereupon demanded by the said Richard Sclater and Michael Martindale , and by Richard Holland and Thomas Kilner , on the behalf of Jenner Swaine, one of the candidates at the said election, against the other candidates abovenamed) corruptly, and wickedly, persuaded, solicited, procured, and suborned, one John Walker , an apprentice to Benjamin Hyde , of London, butcher, to give his vote and poll at the said election, and to take the oath directed by the Act * in that behalfDaniel Cable , knew to the contrary , against the form of the Statute, in that case made and provided, in manifest contempt of the laws of this kingdom, to the perversion and destruction of publick justice, &c.
* Statute of II George I.
Coun. for the Prosecution. My Lord, I am council for the prosecution, which is against Mr. Cable, for being guilty of a crime, which the law calls subornation of perjury; and I am sorry to say, that it seems to be attended with two of the foulest circumstances that can be. In the first place it is practised upon an ignorant boy, incapable of judging for himself; and then it is upon a solemn occasion, the election of magistrates for the city of London, and the time of election of magistrates, with respect to the common-council, is a wardmote held on St. Thomas's day, within the city of London. Gentlemen, in the infancy of the city these elections were proceeded upon, and carried on with great calmness, and great impartiality; but as this city grew to be magnificent, and so large as it is, people contended for a share in the government, and it became common to make use of frauds, and other practices, in order for that purpose; and the electors could not have any thing to turn their eyes upon more proper, than to apply a remedy for this evil; for people came with false notions, and took upon themselves a right that they had not, by taking upon themselves to be freemen, when they were not; and there was a remedy made, which remedy is, that it is enacted, That upon a poll being demanded in favour of any candidate, the presiding officer at the wardmote, the alderman of the ward, or, in his absence, his deputy, shall, upon the demand of two persons of the ward, grant a poll; that there shall be clerks sworn, and the poll taken impartially; and every person is to take the strongest testimony, that can be given before man, that he has a right of election for the city of London; for he shall swear, that he is both a freeman of the city, and an householder of the ward, where he is an elector; and the wisdom of this Act of Parliament is obvious to all men; the Legislature had a view to this salutary end, that elections should be made by men of understanding, men of substance, and integrity; and if persons, who have no property to vote, are to be introduced under the names of freemen, of what consequence will this be? I would not be understood to insinuate the least imputation to any of the candidates, for in this election, the competitors on all sides were men of worth and honour; those who succeeded, and those who lost it, from their general characters, would have an abhorrence of this practice, and desire that Mr. Cable may be made an example of, if he is guilty; but I wish it more strongly, that he may make out his innocence to your satisfaction.
Gentlemen, in the year 1747, according to ancient and annual custom, on the 21st of December (St. Thomas's day) the customary day of election of common-council-men, the Lord Mayor issued his orders for holding wardmotes in the city; and there was an order issued to Sir Henry Marshall , who is alderman of the ward of Faringdon Within, to hold a wardmote for the election of common-council-men for that ward, and those who had the majority of hands were declared; but Mr. Sclater, Mr. Martindale, Mr. Holland, and Mr. Kilner, demanded a poll in the behalf of Mr. Swaine, the election was adjourned over to the next day, when the alderman attended again, and ordered clerks to be sworn ( In particular Mr. Thomas Harris ) to take the poll; the poll continued that day, and was adjourned to the 23d; but whether matters run very near, or whether the zeal of people run to an unreasonable height, I cannot tell, but, as I am informed. Mr. Cable came to the election, and got hold of a poor ignorant man, so inconsiderable as an apprentice to a butcher, and one who, I am informed, Mr. Cable knew, who brought meat to his house frequently, and he advised him to go up to poll, where this boy took upon himself to be a freeman of the city, and an householder in the ward; and gentlemen, I am informed to say, that at first the boy was shocked at the thing, to pretend to be what he was not, but Mr. Cable encouraged him, and clapping him on the shoulder, he was hurried up, and took the oath, and in consequence of taking that oath he polled.
Gentlemen, in such an election as this, it was not an easy thing for a boy to pass under such circumstances, for this boy was neither a freeman nor an householder, but Mr. Cable himself became sponsor for the boy, and warranted him to be as good a vote as any in London. Gentlemen, we shall call our witnesses to prove this, and I am sorry to say it, but, according to my brief, we have more witnesses than one to prove it; and if you are satisfied with the evidence, you will, no doubt, think it your duty to find a verdict for the crown, in order to put a stop to that practice,
Coun. for the Pros. Was you at the wardmote on the day of election last, St. Thomas's day?
Caruthers. I did not know then what he was, whether he was a journeyman, or an apprentice.
Q. What is this Walker?
Caruthers. He is an apprentice to Mr. Hyde, a butcher.
Q. Did you hear Mr. Cable apply to this Walker?
Q. Give an account of what you heard between Mr. Cable and the boy.
Caruthers. I was standing in the hall, facing the pulpit, between the two isles, when this Walker was coming up the hall; Mr. Cable spoke to him, and said, Brother Walker, what are you come to poll? I cannot tell what more he said then, but afterwards he said, D - n it, brother Walker, you have as good a poll as any body, you have a right to a single vote, and you shall go and poll for brother Walker.
Q. Did you go up to the table where he polled?
Caruthers. I did not go up to the table.
Q. Does this Walker live near Mr. Cable?
Caruthers. Mr. Cable lives in Warwick-Lane, and I believe Mr. Hyde lives in a court in Warwick-Lane; but I don't know whether he lives there now.
Def. Coun. on the cross examination. What officer are you?
Caruthers. I belong to St. Faith's, and am beadle of the parish.
Q. What dress was this Walker in, when he came into the hall?
Caruthers. He was in a dirty frock.
Q. Had you any suspicion of hi m?
Caruthers. I did not think it at that time.
Q. What age is this boy?
Caruthers. I believe he is twenty years of age, or better.
Q. I ask you, whether you did not declare, that you would swear against the defendant, and he should be kept in Newgate all his life?
Caruthers. Not upon this account.
Q. What account then?
Caruthers. No account.
Q. Did not you say you would keep this man in Newgate all his life?
Caruthers. I will tell you the truth; whenever he meets me, at almost every place, he calls me perjured and forsworn rascal, and all the parish will tell you, that he always used me in this manner; but I told him, if he did not hold his tongue, I would take him up.
Q. What passed between Walker and him?
Caruthers. Mr. Cable said, Brother Walker, are you come to poll? and he said, Brother Walker, you have as good a single poll as any body.
Q. Will you take upon you to say, that he said to him, You have a right to poll?
Caruthers. I have sworn it.
Q. I ask you, whether the words were not, Whether he had a right to poll?
Caruthers. No, he asked him, whether he was not come to poll?
Q. Now I would ask you, whether he did not ask him if he had a right to poll?
Caruthers. Not in my hearing.
Q. How should you like it, to have a man indicted for asking another to vote for his friend?
Caruthers. No, I should not like it.
Q. When did you make this declaration against this Cable?
Caruthers. Yesterday, in the market, when he mobbed me.
Q. Did not you declare this at other times?
Q. And did not you say you would send him to Newgate?
Caruthers. Yes, I did.
Q. Did not you make a declaration, that you would keep him in Newgate all his life?
Caruthers. Not that I know of.
Q. Did not you declare, before Mr. Newby and Mr. Leversedge, that you would keep him in Newgate all his life?
Caruthers. No, I don't know that I did; I said I would send him to Newgate.
Q. Do you stand by it, that you did not make such a declaration, at the Bell in Warwick-Lane.
Caruthers. Not that I know of.
Coun. for the Pros. Do you remember the election in Faringdon ward?
Q. Do you remember the polling on the 23d of December?
Q. Did you see Mr. Cable there?
Q. Did you see Walker there?
Q. Tell what you saw or heard between Mr. Cable and Walker?
Lyne. Mr. Cable and Walker came up pretty near together, and Walker called himself a pewterer by company; and deputy Sclater made an objection, and said he did not know such a man in the ward, then Mr. Cable clapped his hand upon Walker's back, and said he believed he was a good poll.
Def. Coun. on the cross examination. You say, he said he believed he was a good poll?
Lyne. I believe he said he was a good poll.
Q. Was this before or after he had polled?
Lyne. After he had polled.
Q. Did he bring Walker up, or take hold of him?
Lyne. They came up together, but I did not see him touch him.
Q. Did not you apply to this Walker in order to be a witness to swear in this cause?
Lyne. No, I only went to him to be examined.
Q. To be examined for what?
Lyne. To be examined by Mr. Robinson the attorney.
Q. Did you ask him, whether Mr. Cable persuaded him to do this, or that, or the other?
Lyne. I desired him to tell nothing but the truth, but to be sure to tell the truth, and nothing but the truth.
Q. You did not hear Mr. Cable say any thing till after he had polled?
Lyne. I told you I did not hear him say any thing till after he had polled.
Deputy Sclater sworn.
Coun. for the Pros. What do you know of this election?
Sclater. I came here out of curiosity, I did not think of being an evidence, but as I am call'd, I will tell you the truth as far as I know. The Defendant met this fellow the butcher in the middle of the Hall, and after he had talked with Mr. Cable some time, he came to the poll book, and Mr. Cable had hold of Mr. Walker under the arm; and towards the close of a poll, every body have their eyes upon the persons that come to poll; I saw his name in the book, and said, I do not believe there was any such person in the Ward; and I remember the Alderman's saying, if he would take the oath, he could not refuse his polling; and upon that Mr. Cable clapped him on the shoulder, and said, he was as good a vote as any in England.
Def. Coun. This was after he had polled?
Mr. Holland sworn.
Coun. for the pros. Give an account what you know of this?
Holland. Walker came up to poll, and Alderman Marshall said, if he would swear, he could not refuse his poll.
Coun. for the Def. My Lord, I think he cannot be a witness, for he appears upon the face of this record to be guilty of wilful and corrupt perjury, for he went voluntarily and swore he was a freeman and an housholder, and now he is to swear directly the contrary, and he must one way or other be guilty of wilful and corrupt perjury, for they are diametrically opposite; and if he had been convicted of perjury, he could not be a witness, because the King cannot restore a person to the credit he had before: and I think there is as much reason for his not being admitted a witness, as if the record of his conviction had been produced in Court; and as to a person's being admitted an evidence who owns he is perjur'd, I cannot see; I never knew it, and for that reason I hope such a president will not be introduced, to admit a person who has been guilty of perjury, to swear against another, when his conscience ought to have flown in his face, and have prevented him. I have taken pains to find out, whether ever any man was admitted to give evidence in a case of subornation of perjury, that was guilty of perjury himself; I never knew it in my life, and I hope he will not be admitted.
The second Council for the Defendant argued, that if this person, who has owned himself to be guilty of perjury, should be admitted to give evidence, it would be attended with the greatest inconveniences that could be; and hoped that this would be taken to be as strong an evidence of perjury, as if the record of his conviction had been produced: and that this prosecution was bolstered up to convict a Gentleman of subornation of perjury, of as good a character as any man in the City of London; and that there never was an instance of any person, who has been guilty of such a crime, of being admitted an evidence in a case of this nature, &c.
This was likewise argued in a full manner by the Council for the prosecution, when many cases were cited, and a reply made by the Council forJohn Walker was admitted to give evidence.
Hyde. He is my apprentice.
Coun. for the Pros. What are you?
Hyde. I am a butcher by trade, and a pewterer by company; Walker has been gone from me ever since Christmas day.
Q. Do you know any thing relating to Walker on the 23d of December last?
Hyde. I sent him with three pounds of suet to a customer, and desired him to make haste back, but he did not, and I found him in the Market, and did not know any thing of what had happened: people reflected upon me for this thing, and I would not take him again.
Q. Did Mr. Cable live over-against you?
Hyde. No, I live in Crown Court, and he lives in Warwick-Lane.
Coun. for the Pros. How long has Walker got to serve?
Hyde. About two years.
Q. Is not he twenty four years of age?
Hyde. I believe he is about twenty two.
Q. What character does Mr. Cable bear?
Hyde. A very good one, I never heard any body give him a bad one.
Coun. for the Pris. Was you on the 23d of December at the Blue Coat Hall?
Q. Who did you see there?
Walker. I saw Mr. Caruthers and Mr. Cable.
Q. Had you any conversation with Mr. Cable?
Walker. I was gazing about, and Mr. Cable took hold of me, and asked me, if I would not go and vote; I said, I have no right to vote; and he took me hold by the waist, and said, D - n you, brother Walker, you shall go and take a single vote, for you have as good a right to vote as any body.
Q. This was after you told him you had no right to vote?
Q. What then?
Walker. He led me up to the table.
Q. Did you go readily?
Walker. I did not know the way to it, but as his hand was round me, he went up with me.
Q. And was not you unwilling to go?
Walker. Yes, but he swore, D - n me, I should.
Q. You said he forced you?
Def. Coun. He did not say that word.
Coun. for the Pros. Would you have voted, if he had not spoke to you in this manner?
Walker. No, I never had any thought of it, but only his being a neighbour I went up with him.
Q. What company are you free of?
Walker. I mentioned the pewterer's company, but I did not know what I said.
Q. How came you to mention the pewterer's company?
Walker. Because I was bound to it, but I was not free of it.
Coun. for the Pros. Did not you take the poll for Common Council-men for Faringdon Ward on the 23d of December last?
Coun. for the Def. May it please your Lordship, and Gentlemen of the Jury, I am council for the Defendant, Mr. Cable; against whom there is a very heavy accusation, of doing a thing which is of a pernicious nature, and attended with very ill consequences, and whoever is guilty of it, must remain eternally infamous, till he comes to his grave. I hope these instances are not frequent; and I hope no man is so wicked, as, in the face of the world, (though it is as wicked in private) to suborn a person to commit perjury; all innocent and honest men ought to be aware of such an act, as having a tendency to destroy the good government of such a famous city, for I have a detestation of such things; and I am against bringing persons into offices, who are not fit for them, as having a tendency to the ill government of this city. It was very well that the Legislature interfered in this case, and the living Magistrates are testimonies against this practice, and I hope they will be so to the last of times; I do not doubt their integrity, and hope this will never be overthrown. This is an Act of Parliament, made to prevent cases of this nature, and not only for the punishment of the crime; but I hope you will think, that there was no crime committed in this case. It was opened, that the boy was shocked at it, if he had, he would not have done it; but I would not ask him the question, for I would not give him any credit; and if you, Gentlemen, are of opinion with me, I would not convict a dog upon his testimony; for must a man's reputation be impeached, and he liable to be convicted of subornation of perjury, upon the evidence of this infamous fellow? I hope the Court will excuse
Think, Gentlemen, again for yourselves and your fellow-citizens, whether this will amount to such an offence as subornation of perjury. Then comes Mr. Caruthers, and he seems to be very angry; he is willing to go as far as he can, but he does not make use of any expression that he heard any words come out of Mr. Cable's mouth sufficient to convict him of the crime; but at last he says, he told the boy he had as good a vote as any body; and Mr. Cable must have been a most abandoned wretch to have asked him, if he had known he was disqualified from voting. Peter Line says, that Mr. Cable said he believed he was a good vote: I have heard of people that have been thought to be very good votes, who have been rejected five hundred times in the City of London. My Lord, I will trespass a few words more; I hope by the boy's evidence, we shall establish the character of that Gentleman, as a person incapable of being guilty of any under-hand practice, much less that he should be guilty of a crime of this nature. We shall shew, that he has in all cases in life, acted with the greatest integrity; and I hope it will never be suspected, that a man, who has always behaved well, will jump into the jaws of destruction (which is open before them) to eternity, and D - n them both. Gentlemen, I don't find there was any benefit or reward accruing from this; it is hard and unreasonable to suppose, that a man for nothing at all, should be guilty of this. Can this gain belief with any body?
Gentlemen, We shall call our witnesses to the Prisoner's character, and the character of the boy: this is the defence we shall make, and I hope for the sake of him, and all honest men, that you will not find a verdict against the Prisoner.
Second Coun. for the Def. My Lord and Gentlemen of the Jury, I beg a few words in favour of the Prisoner: the crime that he stands indicted for is the greatest crime that can be committed; and I do say, that all elections of Magistrates should be without biass; and it is necessary, that prosecutions should be set on foot for the sake of publick justice, and to punish the criminal; but this should not be done out of partiality or malice, to punish a person, who, as far as I can see, cannot be guilty of this crime. And Gentlemen, the indictment against the Defendant, Daniel Cable , is, that he wickedly and corruptly did persuade, sollicit, procure and suborn John Walker to swear, that he was a freeman of London, and an householder of the ward; and I must say, that, notwithstanding the
rought, they have not said a word that he is not a freeman, or an householder; which I take to be the offence of the indictment, and therefore I hope the Court will not proceed any further. And, Gentlemen, I beg leave to take notice, that Mr. Cable is an inhabitant of the city of London, he has been for twenty years a householder, and for the space of ten years has carried on a flourishing trade, and reckoned to be as honest a man as any in the city of London, till he fell under this imputation. Gentlemen, he is by business a chocolate-maker, has by this lost his business, and is now almost undone; and if he is entirely innocent, hard is the fate of the man, that he should be ruined, and lose all his fortune in the world. They have brought several witnesses to prove this indictment, but there is not one witness that has proved it. One of the witnesses is so infamous a fellow, that he is not worth any regard; as to another, he shews the most inveterate malice; for it appears, he has declared that he would keep this unhappy man in Newgate all his life. What rancour must this be! Therefore this does not seem to be a thing done for the sake of publick justice, but set on foot out of malice and spleen, and for the sake of rancour, and not for the benefit of the city of London. Gentlemen, is there any evidence that he knew this man not to be a freeman and an householder? Is there any evidence, that he bid this man say that he was a freeman and an householder? Is there any evidence to shew, that he said he was a freeman? If there is no evidence of this, what are you to try? why, that thi s was from a wicked and corrupt procurement, that this man was induced to do this; but as infamous as he is, he has not sworn any such thing. What have their witnesses sworn? One of them says, that Mr. Cable clapped him on the back, and said he had a good vote; but did he procure him to swear? Gentlemen, what crime this is, I am at a loss to know upon this evidence; and I dare say, that the Gentlemen on the other side will give it up, for I must say, that they have not proved any title of this indictment; and then they bring up the rear with a person, who has been guilty of a crime so atrocious as perjury; and I cannot represent the inconveniency of this to be bad enough, that this man should come to prove a fact of this nature, and which fact he has not proved. He says, Mr. Cable said that he should take a single vote, for he had as good a vote as any body there; but there is nothing said of telling him of swearing that he is a freeman, and an householder; he has not proved, that Mr. Cable induced him to swear any thing of that, and Mr. Hyde, the master of this boy, says, he does not think that Mr. Cable was acquainted with this man. Gentlemen, this infamous fellow went into Newgate-Market, and said among the butchers, You are all a parcel of scoundrels, I am a gentleman, and have been voting for my namesake, Mr. Walker. Now, Gentlemen, this is all they have proved against the Defendant, who is a freeman of the city of London, and an householder; with all their learned arguments, with all their flourishing, and great ingenuity, Gentlemen, we shall call our witnesses, and prove him to be a man of the greatest integrity and honour that can be; and give me leave to say, that this prosecution is set on foot out of spleen and malice, and not for the sake of publick justice; therefore I hope you will find the Prisoner not guilty.
The Prisoner's defence.
Def. Coun. What do you know of this boy?
Pope. I have known this boy some time, and he used to smoke his pipe, and keep company, and I took him to be a journeyman to his master.
Q. Do you know Mr. Cable?
Pope. Yes, he is a very honest man, and pays every body very well, and is a man of great reputation.
Q. From you knowledge of him, do you think him to be a person capable of such an offence?
Pope. No, I verily believe him to be innocent.
Pope. I believe he is about twenty five years of age.
Dorrington. I delivered out bills to the persons who went to poll, and Walker came and looked on; he came and asked me to hold his tray, and then he came and told me that Mr. Cable had asked him to poll; that is all I know.
Q. Did Walker come on his own accord?
Q. Was he by himself, or was Mr. Cable with him?
Dorrington. No, he was not with him when he spoke those words to me.
Dorrington. I saw him come in, and there was no body with him then; and I did not see any body go up with him to the polling-place.
Def. Coun. Do you remember this fellow's coming into the Market on the 23d of December?
Brett. I saw him come into the market, and he said he had been polling for Common Council-men.
Q. Did he say it in a bragging way, or in what manner?
Brett. He did not say it in any other way, only that he had been polling.
Q. Did he say any thing of any butcher being a scoundrel?
Brett. I did not hear him say any thing of that.
John Higgins sworn.
Higgins. I did not hear any thing said of that.
Def. Coun. Did you hear him say any thing about being paid?
Q. You should not lead him.
Def. Coun. What did he say?
Higgins. He said the Common Council told him he should not come to any damage about this.
Mr. Wilson sworn.
Mr. Wilson. I have known the Prisoner eleven years.
Def. Coun. Do you think he is a person that would be guilty of subornation of perjury?
Wilson. I believe not, for he has worked for me as a chocolate-maker almost a dozen years, and if I had thought he was such a person, I would not have employed him.
Mr. Grimstead. I have known him twenty years, and he is a man of a good character, and I hope he would not be guilty of any such thing as that; he is apt to drink now and then, and especially at elections, and he will get drunk.
Q. I hope they will not indict him for that; do you think he would be guilty of perjury?
Grimstead. No, I believe not.
Def. Coun. What character has he born in the world?
Thompson. Always a very good one, and he is a very honest man.
Q. Do you think he would be guilty of such a crime as subornation of perjury?
Thompson. I can't harbour any such thing.
Mrs. Pitts. I have known Mr. Cable six years, he was apprentice to my served him, seven years, and I years as a journeyman, and then he himself.
Def. Coun. Is he an honest man?
Pitts. Yes, I believe so, I have found to the contrary.
Q. But do you think he would be guilty of the ornation of perjury?
Pitts. Far from it.
Mr. Berwick. I know the Prisoner, he is a very honest man.
Def. Coun. Do you think he would be guilty of subornation of perjury?
Berwick. I don't think he would.
Mr. Lodge. I have known the Prisoner upwards of twenty years.
Def. Coun. What is his character?
Lodge. He has a very honest character.
Q. Do you think he would be guilty of subornation of perjury?
Lodge. No, I am very sure he would not.
Mr. Hinton. I have known him several years, and he has a very good character.
Def. Coun. Do you think he would be guilty of subornation of perjury?
Hinton. No, I don't think any thing of it.
Mr. Kemp. I have known him fourteen years, and have dealt with him eleven years.
Def. Coun, Is he a man of an honest character?
Kemp. I believe no body has a better.
Mr. Figes. The Prisoner is a very honest man, he is apt to drink a little now and then.
Mr. Phillips. The Prisoner is a man of a very good character.
Def. Coun. Have you any reason to think he would be guilty of subornation of perjury?
Phillips. None at all.
Mr. Figes was called again.
Def. Coun. Do you know any thing of the poll?
Figes. I was there at the election at the polling-table, and Walker was in a white frock, and the Deputy made an objection against him, and said, I believe this fellow has not a right to poll; and he asked who brought him up, and somebody said he believed Mr. Cable did.
Q. Was any body with him?
Q. Did he go up and poll by himself?
Figes. Yes, he went up by himself; and I said to Mr. Cable, did you bring this man in to poll? he said no, he knew nothing of it.
Figes. Yes, he did.
Court. You say you asked Cable whether he brought this Walker to poll; after he had polled, what was the reason of your asking him that?
Figes. Because the Deputy had made an objection against him.
Court. How came you to fix upon Cable as the man carried him up to poll?
Figes. Because some persons said they believ'd Mr. Cable did.
Ri illis. I have known the Prisoner eight years, is as honest a man as any in the world. I saw Caruthers the Parish Beadle (I live in St Paul's Church Yard ) and he said it was in his power to put him into Newgate, and he believed, to keep him there for his life: I asked him his reasons for that, and he said that was best known to himself.
Def. Coun. Do you think he would forswear himself?
Marriot. Very far from it.
Mr. Matthews. I have known the Prisoner seven years, and he has the character of a very honest man.
Def. Coun. Do you think he would be guilty of any such thing as he is charged with?
Matthews. I don't think he would.
Mr. Leversedge. I have known Mr. Cable about four years, I live facing him.
Def. Coun. What character does he bear in the neighbourhood?
Leversedge. He is a very honest man. I was going along on Saturday morning thro' the Market, and the Beadle said to Mr. Cable, I will lay you a guinea I keep you in Newgate as long as you live.
Def. Coun. This is a worthy honest friend.
The Jury withdrew for a short time, and brought in their verdict, Not Guilty .
372. + Ann Waring , was indicted for breaking, and entering the dwelling-house of Thomas Simpkin , about the hour of ten in the night, and stealing a pair of mens shoes, value 5 s. his property , June 8 .
Acquitted of the burglary, guilty of the felony .
373, 374. John Robinson , and John Lewis , of St. Botolph, Aldgate , in the liberty of the Tower of London, were indicted for stealing a dunghill-cock, value 8 d. and two hens, value 2 s. the property of Richard Dust , June 10 .
375. Mary May , otherwise Cross, otherwise Darby, was indicted for stealing a camlet gown, value 20 s. a petticoat, value 18 s. a cloth cloak, value 10 s. 6 d. &c . the property of George Lyon , May 9 .
Guilty, 4 s. 10 d.
376. William Chittam , otherwise Samuel Chittam, [the noted boxer ] was indicted for stealing two silk handkerchiefs, five linen handkerchiefs, two cambrick handkerchiefs, one pair of ruffles, two pair of sleeves, a napkin, eight caps, and a towel, the property of John Gibson ; and a cap, a handkerchief, a pair of ruffles, and an apron, the property of Penelope Lynch , May 28 .
Guilty, 10 d.
379. + Catharine Bourne , was indicted for breaking and entering the dwelling-house of William Simpson , about the hour of two in the night, and stealing two silver spoons, a ham of bacon, a table-cloth, two pewter dishes, and one hundred and eight glass bottles, the property of William Simpson , in his dwelling-house ; and
Condron guilty .
The Trials being ended, the Court proceeded to give Judgment as follows.
Received sentence of Transportation for 14 years, 1.
Transportation for 7 Years, 32.
Branded in the Hand, 2.