HELD AT JUSTICE-HALL in the OLD-BAILEY,
On WEDNESDAY the 12th, THURSDAY the 13th, and FRIDAY the 14th of October.
In the 22d Year of His MAJESTY's Reign.
BEING THE Eighth 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 Gaol 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 Honourble the Lord Chief Justice WILLES, the Honourable Mr. Baron LEGGE , JOHN STRACY , 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.
Thomas Johnson , on the 20th of September, I lost a silver watch off a chest of drawers out of my bed-chamber; and when I came down, I found the back door open and upon the jar: I advertised it the next day, and Mr. Herring brought it to me, and told me he had bought it of John Morris .
Q. Do you know the prisoner?
Johnson. I know him, because I saw him in Newgate.
Q. Did you know any thing of him of your own knowledge?
Johnson. No; Mr. Herring told me, he bought the watch of Morris, and that he told him he bought it at Chatham ; he said afterwards, he bought it of a man that was going to Chatham , and desired I would not do him any harm. Mr. Herring had heard of a man that was found concealed in a house at Wapping-wall, and he knew him to be the man he bought the watch of.
Prisoner. Did you ever see me before that time in your Life.
Q. Pray my lad what trade are you? [here the prosecutor was stopped.]
Mr. Herring . On the 22d of September, between 4 and 5 in the afternoon, the prisoner came to my house [by alderman Parson's brew-house] and offered to sell me a watch; I asked him where he had the watch from; he said he was a sailor just come from Guinea, and had money to receive, but he must sell the watch; and he told me he had some gold dust to sell; I told him I did not understand Gold dust, and would not look at it; I look'd on the watch, and asked him what he would have for it; he said it cost him 3 l. at Chatham ; I told him I would give him 45 s. for it; it was worth about that, for the watch was dirty,
Q. Do you know the prisoner is the man?
Herring. I know he is the man, but I do not know that I saw him before; some of the people said he was a dangerous fellow; and that some Irish fellows would rescue him, he being an Irish man. When he came to my shop, he appeared very remarkable with his face scratched: he brought the watch to me the very same day it was lost.
Q. Can you give an account how you came by this watch?
Prisoner. I bought it of a sailor, at the three tuns at Greenwich.
Q. How long was that before you offered it to this Gentleman?
Prisoner. About 12 o'clock in the day.
Q. What was his name?
Prisoner. I did not ask his name.
Q. What ship did he say he belonged to?
Prisoner . He said he belonged to the Monmouth, Captain Harrison, a 70 gun ship.
Q. What day was it ?
Prisoner. It was upon a Thursday, last Thursday was a month.
Q. Are you sure it was upon a Thursday?
Prisoner. No, my lord, it was upon a Tuesday.
Q. What Tuesday?
Prisoner. It was a month yesterday *.
* The watch was not lost then, it was not lost till the 22d of September.
Q. What Tuesday?
Follyer . Why this day month if I am not mistaken.
Q. Why this is Wednesday.
Follyer . Oh, it was a month yesterday.
Q. Where do you live?
Follyer. I live in St. Catherine's Lane by the Tower.
Q. What do you know of the prisoner?
Q. What were they arguing about?
Follyer. I found at the latter end that it was about a watch, and the sailor asked the prisoner 3 guineas for it, and said it cost him 3 guineas; the prisoner said it was too dear, and I think they agreed for 40 s.
Q. Was there any other company in the house?
Follyer. There was no company in the foreroom.
Q. What did you do there?
Follyer. I went to receive some money for rabbits, I deal in rabbits.
Q. Did you see any money paid for it?
Follyer. I saw 40 s. paid for it.
Q. What money was it paid in?
Follyer. It was paid in small silver and large silver.
Q. Was there any gold?
Follyer. Not to my knowledge, and he bid me take notice.
Q. Did he suppose it to be stolen?
Follyer. I can't tell that.
Q. How came you to come here?
Follyer. The prisoner sent for us this morning, he knew where to send to us.
Q. Where did he send to you?
Follyer. To St. Catherine's Lane .
Q. How came he to know your names?
Follyer. He took down our names, and I suppose if there had been other people in the house he would have taken down their names.
Q. Did you ever see him before you saw him at Greenwich?
Q. Where is Greenwich?
Follyer. I can't pretend to say.
Q. Do you go over the water to it?
Q. Where do you cross the water?
Follyer. It is against Iron Gate I believe that we cross'd the water.
Q. You don't appear ever to have been at Greenwich in your life, speak nothing but the truth, what sort of a place is Greenwich?
Follyer. It is a very pretty place.
Q. How many churches are there in it.
Follyer. I can't tell; there is a park and an hospital there.
Q. Which is nearest the water side, the park or the hospital?
Follyer. Upon my word I can't tell.
Q. How came you to know the prisoner's name?
Follyer. I did not know his Name till this morning.
Q. How far is it to Greenwich? is it half a mile or a mile.
Q. How often have you been at Greenwich?
Follyer. 2 or 3 times I believe, not very often.
Connelly . At Chelsea I think, and the prisoner and a sailor came in, and they were bargaining about a watch, and I heard the sailor ask 3 guineas for it, and they bargained for 40 s.
Q. Was any body else in the house then?
Connelly . No, there was not.
Q. Was the watch paid for?
Connelly. I saw the Money paid down upon the table.
Q. When was it?
Connelly. It was this day Month.
Q. What was it paid in?
Connelly. It was paid in silver; half crowns and shillings.
Q. Was there any gold.
Connelly . I don't know but there might be half a guinea, and this young man [the prisoner] came into my company and the seafaring man went away, and I never saw the prisoner before nor since I saw him that day.
Q. And have not you seen him from that day to this?
Connelly. Never but once.
Q. Did you see him in Newgate?
Connelly . I saw him in the hole.
Q. How long ago?
Connelly . Not long ago.
Q. How many hours?
Connelly . Not many hours, about two hours.
Q. Did you know his name then?
Connelly . No.
Q. Do you live at Chelsea.
Connelly. No I live in St. Catherine's Lane .
Q. How did you come from Chelsea?
Connelly. I came on foot all the way.
Q. You did not come in a boat any part of the way.
Q. What is your constant employ?
Q. Did you ever deal in Rabbits?
Connelly . No.
Q. Had the other young woman any rabbits then ?
Connelly . Yes, but she had sold them all.
Q. Which way did you get to London after you had been at Chelsea.
Connelly . My lord it was not Chelsea, but I can't think of the name of the place.
Q. What place did you go over to go to it?
Connelly. Over Battle-bridge.
Q. Did the prisoner ask you your name?
Connelly. This day month.
Q. How can you remember this man's face so long ago as a month, and have never seen him before nor since, till within these 2 hours?
Connelly. I do remember it.
Q. Did you ever see Greenwich park?
Connelly. I don't think I should know it if I was to see it.
Pris. My lord they are drunk now.
The Jury acquitted the prisoner of stealing in the dwelling-house, and found him guilty of single felony .
The Court committed Follyer and Connelly into the custody of the keeper of Newgate, in order to their being indicted the next sessions for perjury.
Q. Have you found them again?
Rose. I have found one of them, it was stopped by Mr. Jacobs.
Q. Did you advertise them?
Rose. No, I did not. Mr. Jacobs stopped the prisoner, and advertised the spoon the 17th, and I went to Mr. Jacobs's house and saw the spoon.
Q. Is that one of the spoons you lost, and found at Mr. Jacobs's house?
Rose. Yes, I was at the Gatehouse to see him, and he desired I would be favourable to him.
Q. Did you buy it of him?
Jacobs. No, my lord, I asked him how he came by it, and he said he bought it of a woman at Hounslow , I said that did not look likely, for I believed it was stole, for there is a Crest upon it, and I told him he should not have the spoon again unless he brought some person of credit to prove how he came by the spoon.
Q. Did you secure him?
Jacobs. Yes, I carried him before Justice Fraser, and he let him go.
Jacobs. He came on the Tuesday following and asked for his spoon, and I carried him before the same Magistrate, and then he owned that he stole the spoon, and it was the first thing that ever he did in his life.
The Prisoner desired Mr. Rose might be asked whether that spoon was not delivered to him as a pattern for him to engrave the crest on some pewter.
Rose. Yes, my lord, the fellow came to engrave the crest on some pewter, and he being a dirty looking sort of a fellow I did not care to trust him with the spoon, and he was to come to my house and do it, and he told my maid he wanted 2 spoons, and she let him have them, and he took the opportunity of going off with the 2 spoons.
Q. Had he them for any other Purpose than to take off the engraving?
Rose . No, for no other purpose than to engrave the plates.
Jacobs. The prisoner said he stole the spoons, and sold the other to one of his countrymen.
Q. Tell us in what manner you apprehend it was taken.
Winter . There are some rails that are before my yard that are a sort of an Area, and one of those rails was cut away, and the cloth was drawn through there.
Q. Was your warehouse locked?
Winter. No, the warehouse is never locked, the wall is almost as high as this cieling .
Q. And was there room for one man to come through?
Winter. I did not think it was possible, but I tried myself and I could get thro'.
Q. Do you think it could be got thro' without hurting of it?
Winter. It must be sadly purpled.
Q. When did you hear any thing of it?
Winter . On the Whitson monday there was a letter sent to a person that if I searched Alvarez's lodging, I should find my cloth or some of it in remnants .
Q. What did you find?
Winter. I found this waistcoat and breeches.
Q. Did they appear to have been worn?
Winter. No, his landlady said they were brought home that morning, and I said I was sure that was my cloth, for it never was planed nor pressed.
Q. Was the prisoner at his lodging?
Winter. No, he had absconded from thence six Weeks, and was taken by one Johnson a constable.
Q. Did the prisoner give any account how he came by this cloth?
Winter . He said before my lord mayor that he bought it of a Polander.
Q. Can you say whether that is an English manufacture or a foreign manufacture?
Winter. It is an English manufacture.
Q. Are those stains done by fresh water or salt water?
Winter. I take them to be done by drawing it thro' my rails, for salt water would make it turn quite black.
Q. Do you know any thing of importing cloth from Poland?
Winter. I never heard of any such thing.
Prisoner . Bid him look upon the breeches, I had not enough to make a waistcoat and breeches, and I was forc'd to buy a bit to make the waistband of the breeches.
Winter . The waistband of the breeches is quite another thing.
Q. Has that waistcoat ever been planed?
Butler . No, never; these stains are what we call crimsoned, which come by dirt, &c. and if it had been done by salt water it would have turned black, and if it had been close tied up, the edges would have been wet and the inside free.
Q. Did you enquire after the prisoner?
Winter. Yes, I enquired after him night and day, and found him about a week or a fortnight before last sessions.
Walter Buckland . I am a taylor, about the 25th of May I made a waistcoat and breeches for the prisoner, there were some stains in it, and he said he bought it of a Polander , and that those stains came by the salt water.
Q. Are you sure the prisoner is the man?
Buckland . Yes, I think he is the man; I believe him to be the man, but he was better dressed then.Samuel Cordosa there, who is a receiver of stolen goods.
Mrs. Barnes. The prisoner had lodged at my house some time, but had absconded from my house on account of a shift and an apron that a boy had discovered was stole; and when he was at my house I heard several persons dragging something up stairs that was heavy, but I did not take any notice of it because I thought it was tea, for I took him to be a smuggler.
Benjamin Sampson . Some time in April last, it was on a Friday, but I cannot tell how long it was ago: It was about six months ago, I was coming down Shoemaker-Row, about 9 o'clock in the morning, and saw the prisoner come to a stall in Shoemaker-Row to buy some fish.
Q. How long have you known the prisoner?
Sampson. I never knew him or saw him before or since in any shape whatsoever, for I did not know his name, and was an intire stranger to him. As that gentleman, the prisoner, was buying the fish, a Polander came to him with two remnants of cloth over his arm, and offered to sell them to the prisoner; the prisoner asked him how much there was of them, and he said, there was a yard and three quarters.
Q. How did you know him to be a Polander?
Sampson . Because he was in a Polander's dress.
Q. Did the prisoner speak to the Polander first, or the Polander to him?
Sampson . I cannot tell who spoke first; the Polander asked him a guinea, and he gave him 18 s. for them, I did not see them measured; but the Polander said there was a yard and 3 quarters of them.
Q. What did you do in Shoemaker-Row ?
Sampson. Why master we want to buy fish as well as other people, and when the bargain was made, we went to one Coveneys, in Shoemaker-Row, and drank a pot of beer together.
Q. What business are you?
Sampson . A money changer.
Q. What business is that?
Sampson. Buying gold and silver.
Q. Did you see the money paid, and the cloth delivered?
Sampson. I saw the money paid, and the cloth delivered.
Q. Who asked you to go?
Sampson. The prisoner asked me to go along with them.
Mr. Cole and Mr. Kay desired to besworn, and they deposed, they had seen the prisoner and Sampson together about last sessions, and that they were acquainted.
Acquitted of privately stealing in the warehouse, guilty of single Felony .
Decosta. My Lord, I desire to have my cloths again, as I have paid for them.
The court committed Sampson, in order to him being indicted the next sessions for perjury.
Randolph Smith . I had been to deliver some goods for my master Davis, and I had two pieces of Harrateen in the cart, I had delivered all the rest: the prisoner asked me to let him ride, and he would give me a pint of beer; and he having but one leg, I let him ride, and when I came into Gracechurch Street, I saw the prisoner was getting out of the cart, and I said I would open the door for him to get out, which was an easier way; and as he was coming out of the cart, I saw a corner of the Harrateen hanging out of his trousers, and I said this is part of my goods, and I pulled it out of his trousers; then I put him into the cart again, and carried him back to my master.
Guilty . To be publickly whipped at a whipping post .
Stephen Triquett . I keep a goldsmiths shop , on the fifth of October, the prisoner came to my shop about a quarter after seven, under pretence of buying a pair of silver buttons; he asked me the price of them; and I told him the price was 16 d. I mistrusted him, and as I was weighing them, he took a silver castor which I now have in my pocket: I said he did not look as if he wanted to buy, but rather to steal, but I did not know then that he had stole it; and when he saw me turn my eye towards the place where the castor was, he run away, and I run after him and cried stop thief.
Triquett. No, I fell down, and when he found the people were pursuing him, he threw the castor into the kennel, the castor was upon the counter when he first came into the shop.
Q. Did you tell him you had missed the castor?
Triquett . No, I had no opportunity, he was taken and brought back into the shop, and he asked pardon, and said it was the first time that ever he was guilty of such a thing, and hoped I would forgive him; I said it was not in my power to do any such thing: I carried him before justice Fraser , and then he denied it.
Prisoner. Did you see me take it off the counter?
Triquett . I did not.
Alexander Sinclair . Last Wednesday night I was going along accidentally, and a little beyond Mr. Triquett's door I heard them call out stop thief, and the prisoner said if they would not stop him he would throw it down, and he did throw it down .
Q. Who did he say so to?
Sinclair . To the mob.
Q. How could you know him again?
Sinclair . He was carried first to Mr. Triquett's shop , and then I was 2 hours with him afterwards before the Justice.
Three witnesses said the prisoner was an honest man, had behaved faithfully to them, and gave him a good character.
Guilty, 4 s. 10 d .
+ 484. Thomas Emerson *, of St. Martin's in the Fields , was indicted, for violently and feloniously assaulting John Swaine , in his dwelling house, putting him in fear and danger of his life, and taking from him 3 s. in money , the property of the said John Swaine , in his dwelling house, Sept. 30th .
* This Indictment was founded on the statute of the 3d and 4th of William and Mary, which makes this offence felony without benefit of clergy.
John Swaine . On Friday the 30th of Sept. between ten and eleven at night, or before the watch went eleven, the prisoner came into my shop, and asked for a penny dram of cinnamon water, (I believe the door was a little upon the jar) and he asked me to drink a dram, and I drank one with him , and he threw down six-pence; and while I was giving him change, he pushed the door too, and I went from behind the compter in order to let him out, and then he pretended he had left some company at the tavern, and wanted to borrow some money to discharge his reckoning (this was at first) and then he insisted upon what I had in my pocket, and said he must have money, and would have money, and then he took 3 s. from me; after he had got the 3 s. the prisoner took me by the collar, and said, if I made any resistance he would destroy me; then he unbottoned my coat, waistcoat, and breeches.
Q. What did he say then?
Swaine. While he had me by the collar, he demanded the key of the till, I said I had nothing there that was my own; he held me fast, and took me with him to the till, and there was a tobacco box in the till, in which was 18 s. 6 d. and he took that out of the tobacco box, and went away with the money; there was a bag of half pence in the till, he took that up, and asked what they were, I said they were to pay the small beer brewer, and he said he would not take them: then he set a candle down upon the floor, and asked me to let him out at the back door, and after he was out at the door, he said, if ever I saw him again, and ever took any notice of him, he threatened my life. I do not remember the words he said
Q. Had the prisoner the same clothes on then as he has now?
Swaine. Yes; but not the same hat.
Q. Did you ever see him before?
Swaine. No never.
Q. Was you ever in any house with him before?
Swaine. No. The next day I went to the chandler's shop over against me, and told them of it, and about ten o'clock on the Monday night, the woman of the house came, and bid me look into the back room, and see if I knew any body there; I went into the room, and saw the prisoner sitting there, and they brought him some meat, and he asked for pepper and salt; I then said to him, sir, have you no knowledge of my face? he said, no; and I said, by G - d you are the man that robbed me, and then he owned it directly.
Pris. Coun. Have you any lodgers in your house?
Swaine . Yes.
Q. Why did you not call out to these lodgers?
Swaine. Because I did not know whether they were in bed or up.
Q. Was not this cook's shop open then?
Swaine. No; there was never a shop open in the place.
Q. How do you know who shut your shop door?
Q. How do you know but the door might shut of itself?
Swaine . I am very sensible to the contrary; for I saw him do it.
Q. Is not your's a glass door?
Swaine . Yes.
Q. So any body going by might look in?
Swaine. It slides up.
Q. Why did not you cry out, stop thief? do not you think if you had cried out aloud the watchman would have heard you?
Swaine. I did not care to run the risque of it, for I did not know who was near him.
Q. Have not you a great mastiff dog there?
Swaine. Yes; but he was chained.
Mr. Keyan . About ten o'clock one Monday night, I think it was the third of October, I was charged with the prisoner by the prosecutor; I took him down to Justice Fraser's, and he was in bed.
Q. Did the prisoner confess any thing that night?
Keyan . No; it was the next night.
Q. What did the prisoner say? what were his words?
Keyan . He said he had borrowed some money of the prosecutor?
Q. Did he mention any sum?
Q. Did you know him then?
Dunham . I knew him by being a customer, and he asked for a groat's worth of beef (which I served him with) and he went into the back room; and I said to Mr. Swaine, I believed there was some body there that he knew; he looked in, and said, he did not see any body; for the prisoner sat so that the prosecutor could not well see him; and Mr. Swaine went into the room, and said to the prisoner, young man don't you know me, and the prisoner said he did not; and Mr. Swaine said to the prisoner that he had robbed him; he owned he had borrowed some money of him, and said if he did not make it up, it would be the worse for him.
Q. What business do you follow?
Bertie. None at all; I live with my father.
Q. What is your father?
Bertie. A gentleman.
Q. Do you know the prisoner?
Bertie. Yes; I have known him since Christmas last.
Q. What is he?
Bertie. He is a sea surgeon.
Q. Where does he live?
Bertie. He lives in Kew Lane at Richmond, and his lady lives there; the prisoner has a sober, honest character. His father is very old, and could not come.
Q. Did you ever see him have any business as a surgeon?
Bertie. Yes. Here is a gentleman here that knows him to be a surgeon.
Q. What character does he bear?
Monk. He bears a very good character. I have walk with him with 100 l. in my pocket, and never mistrusted him. I know his lady very well, and she kept the best of quality company.
- Johnson . I am a Smith, and live in Marlborough street; I have known the prisoner six or seven months, and he always bore a very good character, and always acted as such.
Q. How long has he been married?
Trueman. About six or seven years. I knew my mistress before he was married to her.
Q. What character has Mr. Emerson?
Trueman. A very good one. as far as I can see.
Q. Do you know the prisoner ?
Q. Do you believe him to be an honest man, or not?
Stevens. No, I do not. I have very great reason to say so.
Q. Did you ever make any inquiry after him in Kew Lane .
Stevens. The Duke of St. Alban's park-keeper made a strickt inquiry after him in Kew Lane ,
Q. Did he keep a house, or was he a lodger?
Trueman. He kept a house there all the time.
Guilty Death .
+ 485. Richard Plaistowe *, of the parish of Allhallows, London , gent. was indicted. for feloniously forging and counterfeiting, or causing to be forged and counterfeited, on the 23d of Dec. last, a certain writing in paper, called a promissory note. for the payment of 5 l. 5 s. which is as follows,
* Stat. 9. G. II.
> June 7th, 1747 .
£5. 5s. J. Kynaston Fawkner.
He was also indicted for uttering and publishing the same, knowing it to be forged, &c.
Thomas Kinton . I live at the Steel-yard coffee house in Thomas street, and by the Prisoner's appearance, I thought he was a gentleman; when he was at our house, he said he was a searcher at the port of Lewis in Sussex, and was to be a searcher at the port of London, and wanted some body to go down to fetch his books.
Q. Did he seem to want any money?
Kinton. He came to me the 23d. of December, and asked if I had any money, and said he had bought a horse, and agreed with a person to go down to Lewis in Sussex ; and he said he had been at Mr. Crockatts in Cloak Lane, he said he had got this note to be paid by Mr. Crockatt, but he Did they did not pay any of these notes but on a Saturday, and that it would be paid next Saturday : the inquest of the ward were at our house then, and said it was a strange thing that such a worthy man as Mr. Crockatt should let a note of 5 l. 5 s. and made payable on demand, that was drawn the 27th of June, 1747, lye to this time unpaid ; he said he did not want money then, and he would not go and demand it: I said I had but three guineas in the house, and I could not leave myself without any money, and if two guineas would be of any service to him, he should have them; and I gave him the two guineas, and said, let me know what I am to have for my money, he said the note was indorsed, and he left it in my hand.
Q. Did you see him indorsed it?
Kinton. No; I did not, and he said he would come on the Saturday for the remaining 3 guineas, and if I had had 5 guineas in the house then, he should have had them all upon the credit of the note. I went to Mr. Crockatt's house on the Saturday, and there is a Gentleman there that I spoke to, and I said I had brought a note for payment: he looked at the the note and laughed; and said, he would not give me a shilling for it; and he said he knew nothing of this Fawkner.
Q. Who does this note appear to be signed by?
Kinton. By J Kynaston Fawkner; but Mr. Plaistowe never came for the Money, and I never saw him since to my knowledge from that night, which was the 23d of December, till the 5th of July, when he was taken up.
Q. But before the 23d of December had not you frequently seen him?
Kinton. Yes, he got acquainted with some of the gentlemen that use my house; but he very seldom came at any other time but of an evening.
The note was read.
'' June 27th, 1747.
. 5. 5 s .
'' J. Kynaston Fawkner.
Pris. Coun. Did you ever lend him any other money?
Kinton. Yes, once I lent him 18 s.
Q. What did you lend him these 2 guineas for?
Kinton. Upon this note.
Q. I would ask you, whether you did not lend Mr. Plaistow money after this?
Q. Did you lend him a guinea once?
Kinton. No, it was an 18 s. piece.
Q. How long was the loan of the 18 s. piece, before the loan of the 2 guineas?
Kinton . About a fortnight I believe, he asked me but for half a guinea, when I lent him the 18 s.
Q. Do you know Fawkner's hand?
Q. Do you know the prisoner?
Kinton. I believe this gentleman (the prisoner) came to our house the latter end of July, asked if I knew one Fawkner of South Carolina : I said I knew one of the name who came from South Carolina , and there was a note which he brought for 30 l. which was accepted, but not paid, and we should be glad to know where to find him; and Mr. Plaistowe said, he had defrauded him and others, at an election at Southampton; and that he had advertised him the 27th of July, with the initial letters of his name, J. K. F.
Q. What July ?
Watson. Last July was 12 months.
Q. What was it that the prisoner said to you then?
Watson. He said Kynaston had defrauded him and several others, in passing away notes.
Q. Did you ever see him since that?
Watson . Never since, till I saw him in court to day; I am not certain whether I did not shew him Mr. Fawkners's acceptance of the bill.
Charles Baccus . [Attorney] was present when the prisoner was taken in St. James's Park, by the centry , and they carried him into the centry box, and he desired them to be favourable to him, for if they prosecuted him, they would ruin him; he called me in twice. and desired I would speak to the prosecutor, and I told him I would speak to the prosecutor to be favourable to him.
Q. What business is the prisoner?
Baccus. I never knew that he was of any?
Q. Consider the prisoner now stands charged with a crime which affects his life; do not you know that he was a lieutenant in his majesty's service?
Baccus. No, I do not, I have heard that he was.
Q. Now I would ask you what was contained in the warrant, what was the warrant for?
Acquitted of both indictments.
Pris. Coun. There is a detainer against him for another fact.
Q. Had you any reason to suspect any body else?
Chiswell . No, the prisoner had got across the Kennel, and the box dropped out of his hand.
Q. Do you know what the prisoner is ?
Chiswell. No, what induced me to prosecute him was, that the keeper of Bridewell said, he had broke out of Bridewell, and he was out after him to take him.
Q. Do you know the prisoner?
Gardner. I have known him several years, and never heard but that he was a sober honest lad.
487. Benjamin Coates , was indicted for stealing half a pound of nutmegs, value 3 d. half a pound of chocolate, value 2 d. a pound of hyson tea, value 6 d. the property of Thomas Sharp , September the 5th .
Thomas Sharpe . I live at the corner of Mark Lane ; on Monday the 4th of September I missed a pound or two of hyson tea, which I had bought but a day or two before; I challenged the prisoner about it, and said I was sure there was none of it sold, and believed he knew something of the tea; he said he knew nothing of it, and about the same time I lost a pound of chocolate: the next morning I got up pretty early, and slipped into the compting house, I believe the prisoner did not suspect me to be there; between six and seven the prisoner went behind the compter , and took six nutmegs out of a drawer, and put them into his pocket, I went out and got a constable , I Mr. Wardley, who is our gate keeper at Algate : I thought it better to take him in the street , than in the house, and I sent him for some water , and then Mr. Wardley took him, and we took the nutmegs out of his pocket, and we took him to his lodgings where he used to lodge when he was out of place; and in the prisoner's box there was a pound of chocolate and some tea.
Q. Can you be certain that that tea was yours ?
Sharpe . No, I cannot, but he owned he took a pound of hyson tea, and a pound of chocolate; I said these are my goods, and he said they were; I told him I would make it easy, and as we were carrying him before my lord mayor, he got away, but was taken again in Seething Lane, in about five
+ 488 James Weston , of St. Andrew's, Holborn , was indicted for breaking and entering the dwelling house of James Daniel , between the hours of one and two in the night, and stealing a silk gown, a cotton gown, a linen gown, a cambrick bonnet, and a woollen petticoat, the property of Mary Cook , spinster ; two pair of stockings, and a brass cock, the property of James Daniel ; a cloth coat, val. 20 s. a pair of breeches, a dimitty waistcoat, and a pair of trousers , the property of William Lemmon , Sept. 11th .
Margaret Cook . On the 11th of Sept. I was entrusted by James Daniel to take care of his house; the watchman came up to my bed side about two o'clock, and wak'd me, and said, mistress, your house is broke open; and when I got up, I found the street door open.
Q. Did you fasten all the doors before you went to bed?
Cook. I fastened them all.
Q. Do you imagine that the thief got in at the fore door?
Cook. No; I believe he got in backwards , for there is a skittle ground, and a garden ground; I believe the watchman pushed back the lock of the fore door, to come in there; and he gave me two shirts, and a pair of black silk stockings, which he took off the ground; my drawers were all open, and I missed a silk gown, a cotton gown, a linen gown, and a petticoat, &c. There were two pair of stockings, and a brass cock, the property of James Daniel ; and a coat, waistcoat, and breeches, &c. the property of William Lemon a sailor , that were taken away.
Q. Do you know who took them?
Cook. The prisoner was the last man we let out of the house, and then we went to bed.
Q. What night was this?
Cook . On the Saturday night; and he was taken on the Sunday morning at my Lord Cobham's head.
Q. Did he confess the fact?
Cook. He said to Mr. Whitton, if he would go to such an empty house in Chancery Lane, he would find the things, and they were found there.
Q. Did he say he broke the house open?
Cook. No; he said he broke open the drawers with a wire; and the Justice ordered Mr. Ind to go to the house in Chancery Lane, and there he found the things.
Q. to Ind. What are you?
Ind. I am turnkey of Clerkenwell Bridewell.
Pris. Cook to Mrs. Cook . Did not the prisoner live over against you ?
Cook . I knew him only by his coming and mending the locks .
Q. I am not asking you how intimate you was with him; I ask you how long you have known him?
Cook. I believe twelve months.
Q. Did not he come often to Daniel's house?
Cook. Yes; he used to come almost every day.
Q. Did not he spend an evening there sometimes
Q. Where is this house?
Cook. The Queen's Head, in Middle-row, Holborn.
Q. What business was the man that lived over against you?
Cook. A lock-smith.
Q. Who was in the house that Saturday night? was not the sailor there?
Cook. I cannot tell whether he was or no.
Q. Was not you to go out upon a party of pleasure the next day?
Cook. I was to go and see a gentlewoman at Paddington , which is Mr. Daniel's sister.
Q. Now did not he say he would find a trick to prevent you?
Cook. No; he never said any such thing.
Pris. Coun. I say it is fact, and it will turn out so; take your time, and consider whether this was not spoke in the hearing of the prisoner.
Cook. No; it was not said in his hearing.
Q. How came you to hear of your things?
Cook. By means of the watchman; for the watchman said, peggy, there is the man that has your things.
Q. When you say the watchman said, Peggy, there is the man that had your things, did he tell you it was the prisoner had them?
Pris. Did you fasten the doors and all the drawers before you went to bed.
Cook. Yes; they were all fastened but one drawer, and that had no lock to it; and I went to bed at 12 o'clock, because I was to go out the next morning.
Pris. Coun . Was you perfectly sober at that time?
Q. Was the sailor sober?
Cook . The sailor was not there.
William Lemmon [the sailor.] I lodged at Daniel's house, and went to bed about eleven o'clock on the Saturday night, when the house was robbed ; and between two and three in the morning, I heard the house was broke open and robbed. On the Sunday morning, between ten and eleven o'clock, Fox (the watchman) came, and asked me if I had been robbed, and seemed to smile; I said the house had been robbed, but not I; but I found it was so: and Fox said , if I would give him some small satisfaction, he could help me to my things again.
Q. I suppose you would have been willing to have given him a small satisfaction?
Lemmon . Yes; I was to have given him half a guinea, and Daniel was to have given him another half guinea.
Q. Did he tell you who had them?
Lemmon . He said he saw Weston go along between two and three with a bundle. I asked him, why he did not stop him; he said, because he knew him before, and knew him to be an honest man, and one that worked in the neighbourhood.
Q. Did you know where Weston lived?
Lemmon. No, I did not; but I knew where to find him.
Q. Did you know his name?
Lemmon . I knew him by the name of Jemmy the smith; and she called him by the name of Jemmy the smith.
Pris. Coun . Mrs. Cook says she went to bed at twelve, because she was to go abroad in the morning. I ask you, whether you was not to go abroad with her?
Lemmon . I did not know but I might go with her; or to see an acquaintance just by.
Thomas Ind . On Sunday, the 11th of Sept. I was sent for to take a man, who had broke open a house, and I was charged with the prisoner by Mary Cook , who said, she was house-keeper to Mr. Daniel, at the Queen's Head, in Middle-row, Holborn; I carried him before Justice Hole, and the watchman was talking as if he saw the prisoner go down Chancery Lane with a bundle.
Q. Where was this?
Ind. This was at Lord Cobham's Head . And Justice Hole said, he would be a friend to him, if he would own where the things were. The prisoner was fuddled, and he gave me directions to go to an empty house in Chancery Lane, at the end of White's Alley, and there I found the things.
Q. How did you get into this empty house?
Ind. I went to a publick house, and borrowed a candle, and got up the wall, and went in to the house, and on the first floor I found them; there was with the things a screw driver, and a gimblet , and I took another screw driver out of his pocket, before the Justice ; the prisoner owned he took the things, and that no body was concerned with him, for he said, he would not charge any body wrongfully.
Q. Did you know any thing of the prisoner before?
Ind. I never knew any thing of him before in my life.
Pris. The woman that appeared here is a very bad woman, and induced me to neglect my master's business, and to do other things that I should not.
Mr. Dolley. I live in Holborn. I have known the prisoner three years as working with Mr. John Hill, and I never heard any complaint of him before; and as he is a jobbing smith, who is employed promiscuously at other people's houses, if he had done any thing amiss, I should have heard it. I never heard that he wronged any body; and it is such a notorious house, that people are afraid to live there.
Q. What do you say as to the Woman who has been the evidence against him?
Dolley. I would not take her word for a pin ; for she has been the ruin of half the young men in our neighbourhood.
John Hill. I am the prisoner's master; the prisoner has work'd with me near three years.
Q. Did he work with you till he was taken up?
Q. Do you apprehend him to be an honest man?
Hill. I do take him to be an honest man.
Q. Do you think he would wrong you?
Hill. I believe not. I took him to be as honest a boy as any in the world, 'till he got into this woman's company; and there is not a boy of fifteen years of age can go by, without being pulled in.
Gunter. I had no reason to think so, for he has had opportunities enough, if he had had a mind to have wrong'd me.
Q. Do you know any thing of this house?
Gunter. I do verily believe it as it is represented to be, a very infamous house.
Acquitted of the Burglary, and guilty of single Felony .
Margaret Cornish . The prisoner came up into my room, and there was a lad and a woman; and as soon as he came up, he took my wedding ring off my finger, and went down stairs; and I said, come, give me my ring, but he went away with it, and I did not see him again till the 10th of Febr. and then I charged him with robbing me; and he said, the ring was pawned in Whitechapel, and he would redeem it, and he did redeem it on the 10th of Febr. and I asked him to come to my house.
Q. So after he had robbed you, you asked him to come to your house; what did you do that for?
Cornish. In order to get him there, to take him. And on the 21st of Febr. he came again to my room, and took away the same ring that he had redeemed; and then he came another time, and took a ring off a chest of drawers, and I said, you rogue, what, are you come to rob me again? I met him some time afterwards, and asked him where they were, he said he had pawned them, but I should have them again; but he sold them three days afterwards.
Q. When did you see him afterwards?
Cornish. I saw him afterwards the beginning of March, at a house where I was (one Bull's, in Dyer's street, Bloomsbury) and he offered me a dram, and I threw down the cup and broke it ; and he took an opportunity to abuse me.
Q. Have you no husband ?
Cornish. Not that lives with me.
Q. When did you see him afterwards?
Cornish . I never saw him after March, till he was taken, which was the 28th of Sept.
Q. Did you never see him after that till he was taken?
Cornish. Yes; but I had no body to take him up. I would have taken him up twenty times if I had had an opportunity.
Pris. Co. to Mrs. Cornish. I am obliged to say a thing to you, which makes against yourself. Did not the prisoner work for a tenant of yours, one Hookham?
Q. I think he work'd there about six weeks; where was your husband then?
Cornish . He was in the country.
Q. Where did the prisoner lie all that time?
Q. And you will take upon you to say, that in all that six weeks, the prisoner never lay in your house?
Cornish. Not to my knowledge.
Q. Did no body else lie in your house, but you and your children?
Cornish . I don't know that there was?
Q. And did nobody take somebody out of bed from you and your children?
Q. Yo u was very intimate with the prisoner, was not you?
Cornish . We used to talk to one another.
Q. Was this six weeks, in which he used to come to your house, before the taking the ring off your finger, or after?
Cornish . I can't tell.
Q. You say he took the ring off your finger in Febr. was the time of his visiting you before this, or afterwards?
Cornish. No; it was afterwards.
Q. So he visited you for six weeks afterwards?
Cornish. I do not remember the time.
Q. Did he take the ring in a jocose manner?
Cornish. Yes; he took it off my finger, and run down stairs.
Q. Now did not you go with this young man to take this ring out of pawn?
Cornish. Yes; because he promised to pay me for the ring 5 s. a week.
Q. Now did not you give him this ring?
Q. Where was the ring pawn'd?
Cornish. At one Dawson's, in Bell yard, Whitechappel .
Q. Now as to the second ring, what time was that taken away?
Cornish. On the 21st of February.
Q. Now were they two different rings, or the same ring?
Q. Now, how often did you see him after the 21st of February, before you got a warrant for him?
Cornish. About three or four times, I was very ignorant, and did not know how to go about it.
Q. Where was the third ring taken from you?
Cornish. At Mrs. Bull's, I was there three weeks.
Q. And had you no bedfellow there?
Cornish. I lay with Mr. Bull, his wife, and his child.
Q. Pray now did not Mr. King lay with you one night there?
Q. What did your father-in-law beat you for?
Cornish. For nothing at all.
Estber Lander. About a fortnight ago, the prisoner owned he took the ring, and was very willing to make her recompence, and before the justice, on the 8th of September, he said, as she had let it alone so long, he would take his remedy at law.
Mr. Barret. I am a plaisterer in Mount Street, by Grosvenor Square, the prisoner worked for me a year and an half, and when work was scarce, I employed him at home, believing him to be a very sober honest man; and I employed him where-ever I could.
Mrs. Dawson . The prisoner and this Woman came to my house to redeem a ring.
Q. Do you remember whether you asked him if this woman was his wife?
Dawson. Yes, I did, and he said yes.
Q. Was this in her hearing?
Dawson . Yes, he was as near to her as I am now.
Mrs. Compton. My husband keeps a publick house in East-Smithfield , on the 26th of September last I lost a silver pint mug, between four and five in the afternoon; I had it again from one Mr. Peynon, a pawnbroker.
Isaac Peynon . The prisoner brought a silver pint mug to me, and offered to pawn it for 20 s. but not giving a good account how she came by it, I stopped the mug and her too, and the same night I had it, I advertised it.
Q. To Mrs. Compton. Is that the mug you lost?
Compton. Yes, my lord, consider how poor the prisoner is, and have compassion upon her.
Guilty 10 d .
491. William Turner , of St. James's West, minster , was indicted for stealing two pair of silk stockings, value 21 s. and two pair of cotton stockings, value 6 s. the property of Anthony Wilkins , July 2d .
Anthony Wilkins . On the second of July the prisoner came to my house, and told me that there were two gentlemen wanted some Allopeans and Grograms, and some silk stockings; and accordingly I took three pieces of Allopeans and Grograms, two pair of black silk stockings, and two pair of white cotton stockings , and the prisoner was very desirous for me to let him carry the goods, but I did not think proper to let him carry them, but I would carry them, and we went away together .
Q. Did you know the gentlemen?
Wilkins . Yes, and as we were going along, the prisoner said he would carry one piece and the yard, for it looked something like a tradesman.
Q. Did you let him carry one piece?
Wilkins . He took hold of it, and I did not resist him; he would not go through the Mall, but he would go by Buckingham-house, and when we came to St. James's kitchin door, I put the Allo peans and Grograms down, and the prisoner took the stockings out of my hand and run away with them; I have no other witness, it was in a private place.
Prisoner. This person, who says I took the stockings from him at St. James's kitchin door , says wrong; I would ask him whether he would swear I took the stockings from him, or whether he did not give them into my hand?
Wilkins . He took them out of my hand.
Prisoner. This gentleman is a pawnbroker, and he told me he wanted to dispose of some grograms and stockings, and other things; I told him I knew some Gentleman that I believed wanted some; and when we came to St. James's kitchin door I agreed for a guinea for the two pair of black silk stockings, and 3 s. and 3 d. a pair for the white , and I carried them to the gentlemen; and I being gone a pretty while, he was gone before I returned .
Wilkins . I staid there three hours, my lord.
Prisoner . He did not stay three quarters of any hour; I desire to know whether in that narrow place I could have got away, if he had but called or lifted up his finger?
Wilkins. I went after him as fast as I could go, and the first person I saw was a centry, and I asked him whether he did not see a man with a lightish coloured coat and a light wig, and he said he was just
492. Hannah Wisby , of St. James's Clerkenwell , was indicted for stealing a silk quilted Petticoat, a crape gown, a stuff damask gown, a black silk hood, a black silk cloak, and a parcel of linnen , the property of Martha Sibley .
Q. When did you miss them?
Sibley. About half an hour after the prisoner had taken them away.
Q. What are you?
Sibley. I am a washerwoman , the prisoner is my apprentice ?
Q. What age is she?
Sibley. She is at least thirteen or fourteen.
Q. How do you know she took them?
Sibley. Because some of them were found upon her, and she owned the taking them; and she charged some to her mother in the country, that she was a partaker with her.
Q. How came you to suspect the prisoner?
Sibley . Her going away 10, and not returning, gave me a suspicion of her; and I sent to the vestry-clark of Cheshunt, where I had her from; and he took her up and put her into the workhouse, and then sent for me; I sent a warrant down to bring her up, and she was carried before Justice Hole, and she said that she fell asleep under a hedge, with the things under her head, and they were taken away from her.
Q. Did you find any of these things again?
Sibley. Only a cap and a handkerchief.
Thomas Broom . I went down to serve a warrant, to fetch the girl from Cheshunt , where she was put out apprentice to my mother; and she was taken up and detained there in the workhouse, by the vestry-clark: I brought her up the same day I went down, and carried her before justice Hole, and she confessed the taking the things; and declared that her mother was in a field hard by, and took the things from her.
Q. Where was this field?
Broom. A little beyond Wood's Close, as you go to Islington; and the prisoner wanted to take her mother up, and I took her and carried her before Justice Hole, and she cleared herself before the Justice of what her daughter accused her of.
Guilty, 10 d .
Q. Who was that gentleman?
Dutton. I cannot tell who he was.
Q. Did you acquaint the gentleman with it?
Dutton. No, I could not, for if I had acquainted him with it, I had lost sight of the prisoner at the bar; and I called to another person to stop him, and he was taken.
Q. Can you swear that to be the handkerchief, that was taken from the Gentleman?
Dutton. I observed the handkerchief before, for I saw the corner of it hang out of his pocket, and it has been in my custody ever since; and the person that seized him, and I, carried him before my Lord Mayor directly, and he was committed.
Q. Did you ever find the gentleman out?
Dutton. I advertised it in the next day's Advertiser, and he came once, but never came again afterwards.
Thomas Bird . On the 14th of September, I was talking to a gentleman by the Mansion-house, and I saw Mr. Dutton pursuing the prisoner, and calling after him, and crying step their; I stopped him, and saw him take the handkerchief either out of his bosom, or out of his pocket; and I saw the prisoner throw it away.
Q. Do you know who picked it up?
Bird. I think Mr. Dutton picked it up.
Q. What did the prisoner say then?
Bird. He said he was an apprentice to a watchmaker , and that his mistress and he had some difference, and he came away: he said it was the first time, and he never would do so any more; his master and another gentleman have been with us, and they said they belived it was the first fact that he had committed.
Q. Who is your master?
Prisoner. Mr. Collins.
Q. Are not you apprentice with him now?
Prisoner, No; he did not use me well.
Guilty, 10 d .
494. Peter Smith , of St. Dunstan's in the East , was indicted for stealing nine pound weight of sugar, value 2 s. the property of William Coleman the elder , and William Coleman the younger , September 5 .a warehouse, under Young's Key gateway , with sugar in his breeches.
Q. How do you know he is the person?
Austin. Because I followed him, and took him in Thames Street; I charged Mr. Holmes the constable with him, and he took it out of his breeches; then the prisoner went with us to a warehouse, and shewed us the hogshead he took it out of, which belonged to Mr. Coleman and son; it came out of the ship Otley , and the number of the Cask was 14 .
Q. Is there any other mark you know it by?
Austin. Yes; it is marked with an O for the ship Otley.
Q. Did you weigh it?
Austin. I carried it to Mr. Beale's , a grocer, and it weighed nine pound,
Q. Who charged you with the prisoner?
Mary Box . I have known the prisoner six years, and the prisoner was employed by my father, who was a goldsmith in King Street, Westminster, to open his shop; his name was York, and he has been entrusted with some hundred pounds worth of plate, and he never wronged him of any thing, and since my father died , I had no occasion for him.
Q. What are you?
Box. My husband is a grocer and druggist , in King Street, Westminster.
William Bliss . I keep a publick house in Bell Alley, by King Street, Westminster; the prisoner has lodged in my house six or seven years, and oftentimes I am intrusted with six or seven hundred pounds worth of goods, and he has been intrusted with plate, and I never knew that he ever wronged any body of any thing.
Q. What is his general character?
Bliss. That which is very honest.
Q. But was not he a little liquorish?
Bliss. He always had a good character, he belongs to the third regiment of guards.
Robert Griffith . I belong to the General Post Office, not as a letter carrier, but to bring them from house at the other end of the town, and put them in there: I have known the prisoner four years, and he always behaved very honestly to me in what I employed him in; which was carrying my heavy bags to the Post Office, one hundred, or a hundred and half weight; and the character I had of him when I took him, was a very good one.
Guilty To be publickly whipped on the keys .
Q. Do you know the prisoner?
Cook. Yes; that woman and another woman came into my master's shop on the eighth or ninth of September; the prisoner came in and asked for a pair of snuffers, and she took a pair of scissars.
Q. Did you see her take the scissars?
Cook. Yes; I opened a paper of snuffers, and asked her a shilling, she said they were not good enough; and as I was looking down, I saw her take a paper of gown eyes about a gross; and while I was opening the snuffers, a gentleman came in, and she would have gone off, and said the snuffers were not worth 2 d. the other woman went out of the shop, and the prisoner after her: I went after the prisoner about half a dozen yards, and asked her if she had not got a paper out of the shop; she denied it, I brought her into our shop again, and she stood close by the side of the counter, and hid the snuffers under a paper, and the gross of gown eyes I saw her throw behind the counter: at twelve o'clock she was sent to the counter, and between three and four to Guild Hall, and she said she was innocent.
Q. Did you take up the paper and put into her hand, that you took up from behind the counter , that you say she threw down?
Cook. I took up the paper which she threw be hind the computer.
Guilty 10 d .
Joseph Tuston . I live in Holborn ; on the fifth of this month, about three o'clock in the afternoon. I lost a velvet pillorean, value 5 s. which was in the window; and a woman came by and said, that a woman had taken something off the window.
Q. Did you see any body have it?
Tuston. Yes; Swanson had it in her hand, and she gave it to Samuel How . I asked him what he did with that, and he said it was nothing to me; I took him by the collar, and said I could not be used so.
Q. Was it given by the woman to the other prisoner?
Tuston. They were close together, and one handed it to the other.
Prisoner How. I know nothing of it?
Tuston. He had it in his hand, as plain as I have this in my hand.
Swanson. I never saw the prosecutor in my life before.
How Acquitted , Swanson Guilty .
Alexander Bagnall . I live in Rosemary Lane , on the 17th of September, I lost a linnen waistcoat out of my window; it was pinned to some other things, and the prisoner came to the window to peep in, to see if he could see any thing; I saw him unpin the handkerchief, I took him and carried him to an officer's house, and there the waistcoat was taken from him.
Q. Was any thing found upon the prisoner?
Fisher. He had a waistcoat.
Q. Was it concealed?
Fisher. Yes, it was, there was nothing of it to be seen.
Q. To Bagnall. Is that your waistcoat?
Q. Where do you live?
Mawhood. I live with my father.
Q. Is he a housekeeper or a lodger?
Q. Was the chest of drawers locked?
Mawhood. Yes; for I put the money in that very morning, for I had been to receive a little prize money.
Q. What time was this?
Mawhood. About eight o'clock.
Q. Did you go out then?
Mawhood. I went to Tower Hill to receive some prize money, and I went to put more money in, and I missed my money that I had put in before.
Q. Was the chest of drawers open when you came back?
Mawhood. No, it was locked.
Q. Have you recovered any of your money again?
Mawhood. The prisoner returned me 14 guineas again, and said it was the first fact, and hoped I would be favourable to her, and she said she was very sorry for what she had done.
Q. Where did you meet with her?
Mawhood. Between ten and elaven o'clock at night, coming from Goodmans Fields Wells .
Q. Was she c oming back to the house?
Mawhood. No, she would not come back to that house.
Q. Did the prisoner lodge there?
Q. Did you promise to be favourable to her?
Mawhood. I told her if she returned me what she took, I would be favourable to her.
Q. Did she tell you what she had done with the money?
Mawhood. She said she could not tell what she had done with it, only what money she had laid out in clothes.
Q. Was the door of the room locked?
Mawhood. Yes; but the key hung upon a nail by the room door, for my father was gone out, and the key of the chest of drawers was in a lower drawer, which was not locked.
Q. How long did the prisoner lodge in the house before that?
Mawhood. About a fortnight or three weeks I believe, I had not been there above a month.
Prisoner. That night he lay with me, and he told me where the key of the chest of drawers was.
Q. Did you ever lie with her?
Mawhood. I never lay with her in my life.
Prisoner. He did indeed, and please you my lord.
Q. What do you know of the fact?
Paine. I know nothing of the fact; only I saw the fourteen guineas told to the prosecutor out of the corner of a handkerchief, and she said she took it, and that she was very sorry for what she had done, but she denied it at first; and she said she would give him the clothes, and all the things.
Q. Was she charged with it then?
Paine. She was charged with it over night; and the next day before the Justice, she said, she took the money, and was sorry for what she had done.
Q. Was you at Goodman's Fields wells ?
Johnson. I was at the door when she was taken, and I saw her deliver to Mr. Mawhood fourteen guineas, three gold rings, a pair of silver shoe-buckles, and a handkerchief.
Q. to Mr. Mawhood. Were these your rings?
Mawhood. No, my Lord; they were bought out of the money.
Q. to Johnson. Did she say what she bought them for?
Johnson. She said she bought them out of the money.
Q. Did she say how she came by the money?
Johnson. She said it was Mr. Mawhood's, and that she took it from him, and was very sorry for what she had done.
Guilty Death .
+ 500. Margaret Pierce , otherwise Hyley , of St. Giles's in the Fields , was indicted, for stealing a silver stock buckle, val. 3 s. and 12 d. in money, the property of Nicholas Cunningham , privately from his person , Sep. 11th .
Q. What are you?
Cunningham. I am a taylor by trade.
Q. Do you know the prisoner?
Cunningham. She was taken at my suit.
Q. What have you to say against her?
Q. Was it night or day?
Cunningham. It was in the day time.
Q. How came you to be asleep at an ale-house in the day time?
Cunningham. Because I was working late at night, and could not get into my lodging, so I went to this house.
Q. Was it a night house?
Cunningham. I believe it might, my Lord.
Q. What day was it?
Cunningham. It was on a Sunday morning; for on the Saturday night I was working late.
Q. What time of the day was this done?
Cunningham. I believe it was between eleven and twelve o'clock, but I can't tell. I lost my silver stock-buckle, and a shilling in money; the maid of the house saw it done, I did not see it done.
Q. Was the prisoner in the house while you was there?
Cunningham. I don't know that she was.
Q. Was you drunk or sober when you went there?
Cunningham. I can't say I was directly sober.
Q. Are you sure you had a shilling in your pocket then?
Cunningham. Yes, I am.
Q. How came you to take the prisoner up?
Cunningham. I took her up about a fortnight afterwards, upon the information of the maid of the house.
Q. What at this night house?
Mitchell. Yes. I came from Brentford; I did not know what sort of a house it was, when I went there.
Q. Do you live there now?
Mitchell. I am there till the trial is over.
Mitchell. He used to drink there sometimes in the day time; I never saw him in the night before.
Q. Do you know the prisoner?
Mitchell. Yes; I have known her ever since I have been there, by her using the house.
Q. What did you see the prisoner do?
Mitchell. I saw the prisoner take the stock-buckle out of the prosecutor's pocket, and three half pence, I saw no more; and I said I would call my mistress, and she threatened me, my Lord, if I did.
Q. When was this?
Mitchell. This was just as she was going out at the door; I could not tell my mistress while she was in the house, for she threatened my life.
Q. Has your master been here?
Mitchell. He has been here almost all day.
Pris. Cunningham put this woman into the warrant.
Cunningham. I put four of them in, upon suspicion.
Q. Did Mitchell tell you of this before you took out the warrant.
Cunningham . Yes; she told me of it that very morning.
Pris. There were two soldiers, and two women there
Mitchell. There was never a soldier there.
Pris. The landlord is a very wicked man, my Lord; can he be an honest man, that keeps such a house as that, and keeps his footman?
501. Robert White , of the precinct of St. Catherine , was indicted for stealing seven pair of leather shoes, val. 14 s. seven pair of leather soles, val. 5 s. and 10 s. 9 d. in money , the property of Richard Millward .
Q. Have you lost any thing?
Millward. I have lost a great many things at different times; but in particular, I lost seven pair of shoes, seven pair of soles, and half a guinea, which was taken off a cup, which stood upon a beaureau in my kitchen. The last of the things I lost was on the Sunday before Bartholomew day.
Q. What reason have you to charge the prisoner with any of these things?
Millward. Only by the confession of a boy.
Q. When did you take the prisoner up?
Millward . On the 11th of Sept. and carried him before a justice, and he owned he had half a guinea from the boy, and that it was a bad one, for it was but a nine shilling piece.
Q. How long has the prisoner work'd for you?
Millward. About four years, or three years and an half.
Q. Did you ever find any thing upon the prisoner?
Millward. I have lost a great many things; but I never found any thing upon him.
Pris. Did you ever hear any thing of a dishonest character of me, while I work'd with you?
Millward. No; I never heard any thing of dishonesty in you, only keeping loose women company.
Q. Do you know any thing of his stealing any shoes ?
Deaton. Yes; seven pair of shoes, and about six or eight pair of soles.
Q. What you stole them, and gave them to him?
Deaton. Yes. I took them before my master came down, and gave them to him, and he went and sold them.
Q. What time were the soles taken?
Deaton. He had five pair the Sunday before Bartholomew day; and he always advised me when I took any money, not to take less than sixpence, for if I took a penny or two pence, they would miss it the sooner.
Harp Michael. The prisoner said he had taken half a guinea out of a cup, and had disposed of it for sixpence.
Guilty 10 d .
To be publickly whipt along the side of Tower ditch to Iron-gate .
Sarah Hasler . I have lost a great many things, viz. one pair of men's stockings, two pair of women's stockings, three silk handkerchiefs, two linen handkerchiefs, two scarlet cloaks, one velvet hood laced, one Leghorn hat, two shirts, a man's cloth coat. I missed my cloak first; the first I missed was about a fortnight ago.
Q. Did you find any of these things again?
Hasler . I found a pair of my stockings on the prisoner's legs, and I had them taken off.
Q. Did she live in your house?
Hasler . No; she used to come early in the morning with shoes, or to do any odd things, and she enticed a young servant of mine to give her several things.
Q. What did you use to carry them to the prisoner, or she come to you for them?
Wilson. She never would be easy, but when I was giving her things.
Q. Did she come into the house?
Wilson . Yes; she came into the shop, and I gave them to her, and she carry'd them away.
Q. Did you sell any thing in the shop for your mistress?
Wilson . No.
Q. Did she take them for your use, or for her own use?
Q. You did not give them her?
Wilson. No, I did not.
Q. Did you tell your mistress of it?
Wilson. No; and she desired I would give her that velvet hood, and she enticed me to carry them to pawn, and she took the money; and she used to bring a dram in her pocket, and give me some, and I was not used to them, and I was never sober hardly during the whole time I was doing those things.
Pris. Did I ever receive any goods of you in my life?
Wilson. Yes, to my sorrow.
Charles Cousins . I am a pawnbroker. Mrs. Hasler came to my house Sept. 30th last, with the prisoner, one Murray, and another woman, and the prisoner was very drunk, and they took a velvet hood out of pawn, and paid me the money; that is all I know of the matter.
Mary Softly . I was cleaning my kitchen between twelve and one at noon, and my uncle called to me to air his shirt, and I put it upon the back of a chair, and went for a half penny worth of sand; and when I went into the house, I saw the prisoner coming out of the kitchen, with the shirt under his coat.
Q. Did you stop him then?
Softly. I did not miss it till I went into the kitchen, and found the shirt was gone, and then I went and cried out, stop thief!
Q. Did you know the prisoner before?
Softly. I never saw him before.
Q. Did you see the shirt taken from him?
Softly. Yes; and it was delivered into my hand.
504. Elizabeth Anderson , of St. George's, Hanover Square , was indicted, for stealing two cloth coats, val. 25 s. a waistcoat, val. 5 s. a fustian frock, val. 3 s. the goods of Richard Bell , Aust. 1st .
Q. How long has the prisoner left your house?
Bishop. It was the beginning of August.
Richard Bell. I lost these things while they were there.
Q. Where were these clothes left?
Bell. They were in her room.
Q. You say another person lodged with her; do you know who took them?
Guilty 10 d .
506, 507. Sarah Bath , and Jane Miles , of St. James's Westminster , were indicted, Sarah Bath for stealing five pound weight of tallow candles, val. 2 s. and six pound weight of soap, val. 2 s. the goods of Edward Hewitt ; and Jane Miles for receiving one pound of the said tallow candles, knowing them to be stole .
Miles acquitted , Banks Guilty 10 d .
It appeared that the prisoner and the prosecutor were friends, but there having been a quarrel, was the occasion of this indictment.
+ 510, 511. Samuel Shorer , and Richard Shaw , of the parish of Harrow , were indicted for assaulting John Robins , on the King's highway, putting him in fear and danger of his life, and taking from him seven shillings and two pence half penny , Sept. 24th .
Q. Was you robbed of any thing?
Robins. Yes. On the 24th of Sept. between eight and nine at night.
Q. Where was you robbed?
Q. What was you robbed of?
Robins. On seven shillings and two pence half penny.
Q. Who was you robbed by?
Q. Had you any body with you?
Robins. No body at all.
Q. What sort of a night was it?
Robins. It was a very moon shiney night.
Q. Were they on horseback, or on foot?
Q. When he had hold of your horse's head, did he speak to you?
Robins. Yes; he demanded my money.
Q. Who was that?
Q. What did they look like?
Robins. They looked like hedge stakes.
Q. Then you was not afraid of them?
Robins. I can't say I was, only as I had nothing to defend myself with; and I desired, as I was going further, that they would give me something, and they gave me the two pence half penny back again.
Q. What did they say to you?
Robins. They said they must have my money.
Q. Did they use any oaths or threats?
Robins. No; and when they had got this they went away.
Q. How far was you from any town or village?
Q. Where did you come up with them?
Robins. At Wimley Green .
Q. Had they any sticks then?
Robins. Yes; they had common sticks then.
Q. Perhaps your fear magnified their sticks into clubs: I had a brace of pistols, and I told them to surrender themselves, for they were my prisoners; the Groom had a blunderbuss, and Agnes had one pistol.
Q. Did you tell them why you took them up?
Robins. Yes; I told them they had robbed me, and that they were my prisoners; I delivered them into the hands of others, till I could get a constable I had changed my clothes then.
Q. Why did you do that?
Robins. Because I thought they would rob me again, and the next day, I carried them before Justice Poulson.
Q. When they were charged with this fact be fore Justice Poulson, what did they say for themselves?
Justice Poulson . On Sunday the 25th of September, the prisoners were brought before me, and they were charged by that man for robbing him on the highway, as he has now related; my clerk was not at home, and I took their confessions myself, here are the confessions: I asked them if they were free and ready to do it, and they said they were free and ready to do it; there was no compulsion, and I did not say any thing to them to induce them to do it; this is the hand of Richard Shaw , and this is the mark of Samuel Shorer , and they are both signed by me.
Q. Were they read to them, and were they asked whether they understood what they were going to do, and the consequences of it?
Poulson. Yes; and I told them they were not compelled to do it, and they said they did it freely.
'' The voluntary confession of Samuel Shor er, '' taken this 25th of Sept. 1748, wherein he '' faith , that he, in company with one Richard '' Shaw, on the 24th of September, between 8 '' and 9 in the evening, did stop one John Robins , '' on the King's Highway, between Sudbury, '' and Wimley , and demanded his money; and '' feloniously took from him seven shillings, and '' two-pence half-penny, and that they afterwards '' shared the money between them.''
Q. Did they speak of any accomplices?
J. Poulson. They said they were not concerned with any body; but by what they said, I had reason to believe they were concerned in those parts.
Q. Did they say it was the first robbery they had committed?
J. Poulson. They said they would not give any account of any robberies they had committed; and that they knew of nothing but what was done among themselves.
John Middleton . I am coachman to admiral Matthews ; my fellow servant came home, and said he had been robbed by two men, and asked my master, whether he should go and pursue them; and he ask'd me to go with him, and I said I would go if my master would let me.
Q. How many went?
Q. Did he tell you whether those who robbed him, were on horseback or on foot?
Q. Did Robins tell you where he was robbed?
Middleton. He said, between Wimley and Sudbury ?
Q. Did you meet with the prisoners at the bar?
Middleton. Yes; we met them on the highway, Robins had given us a description of them before, that, the old man was dressed in a dark coat, and the young man, in a lose light coloured coat; John Robins , charged them with robbing him, and they said they knew nothing of him, but they did confess before the morning, that they were the men.
Q. Who set up with them?
Middleton. I did, Agnes and Howard.
Q. Was you before a magistrate with them?
Middleton. Yes; I was before Justice Poulson.
Q. How near have you a magistrate?
Middleton. About two miles.
Prisoner Shorer . I had been sick for want of victuals, and for want of work; and it was necessity that drove me to it, for I could get nothing to eat but apples.
Q. What are you his brother?
Q. What has he been brought up to?
Shaw. To labouring business.
Q. What age is he?
Shaw. I believe he is about 18 years of age, I never heard when he went to the plough when he was at home, but that he was a sober honest boy; and when he went to service, his masters always said they could trust him with any thing.
Q. Where do you live?
Shaw. At Windsor .
Q. How long has he been gone from you?
Shaw. He went away about Whitson Week.
Q. Is your father living?
Shaw. No; his mother kept him till he was fit to go to service.
Q. What have you to say with respect to your brother?
Shaw. He was bred up in an honest way, and always behaved so, as far as ever I heard.
Shaw. I live almost as far as Whiltshire, and I know he had a good character from his masters.
The Jury, desired the court to recommend them to the Lord's Justices for mercy, on account of the youth of one, and their poverty; and as it may probably be the first fact they committed.
And the court unanimously agreed, to recommend them to the Lord Justices for mercy.
+ 511. Thomas Presgrove , of Allhallows London Wall , was indicted for breaking open the dwelling-house of Judith Lazarus , in the night time, and stealing a large quantity of silver ware, one gold ring set with diamonds, several gold rings; and rings set with chrystal stones, and a large parcel of hard ware, in all amounting (at the prosecutor's computation) to near two hundred pound ; the property of Judith Lazarus , Sept. 20 .
Q. Are you a house-keeper.
Lazarus. Yes; I went out about six o'clock in the evening, and staid till nine, I locked my door when I went out, and left two boxes of silver hard ware, and I left the key of my room up one pair of stairs with a woman, who is now in trouble on suspicion, her name is Rosamoud is Bannister.
Q. What are you?
Lazarus. I am a hawker and pedlar . and have paid for many a licence to the king.
Q. When you came home, how did you find your house?
Lazarus. I went to put the key into the door, and I found all was loose; (I did not know the door was broke open before I put the key in) the lock was loose, the nails were out, and a piece of wood was cut out.
Q. What did you lose?
Lazarus . I missed two boxes where all my things were, and a bundle.
Q. Tell us what you lost?
Lazarus. There was one gold ring set with diamonds, and ten gold rings set with chrystal stones, there was at least two hundred pounds worth of things.
Q. Have you found your things uagain?
Lazarus. Some of them we found about four days after the robbery was committed; there is a man that sells old cloaths, gave us information of them, and I got a search warrant, and found them. The prisoner offered the goods to sale to a man that is here, and the prisoner owned he was at my apartment, and he did confess he took two boxes away, and that he had two others to help him to carry them: the prisoner was carried before Justice Withers, and he confessed he took the things.
Q. How came you by that Portmanteau?
Foster. I found it in Blue Anchor Alley, at the house of one Mr. Broadstreet, he lets the house out in tenements; and this portmanteau was concealed in a dark closet.
Q. Who was with you then?
Foster. The proprietor of the goods.
Q. Was Mrs. Lazarus there?
Foster. Yes; and the gentleman of the house ordered the portmanteau to be broke open, and as soon as Mrs. Lazarus saw the portmanteau opened, she said these are my goods, these are my goods. I am ruined, I am ruined: she said that was her quilt, and in that bag were two licences.
Q. Are these things yours?
Lazarus. Yes; they are mine.
Q. Was the portmanteau open in the house?
Foster. It was opened in the house, and she said there was not half what she had lost.
Q. How came you to take up the prisoner?
Foster. I was not concerned in it.
Justice Withers sworn.
Q. Do you know any thing of the trunk or the bundle?
Withers. They were brought to my house the 26th of September, they have been in my house ever since, and they have never been opened that I know of. The prisoner said, that John White , otherwise Cokey, [who is not taken] and Rosamond Bannister , were concerned with him, in taking the things away.
Q. To Mrs. Lazarus. Was the prisoner asked where he took them from;
Lazarus. Yes; and he said he took them out of a house in Camomile Court, in Camomile Street.
Prisoner. Ask the gentleman, whether I told him I took them out of the house, or whether they were delivered to me by a Jew?
Lazarus. Yes; there was a large pair of silver buckles which he owned.
Q. How many pair of shoe buckles did you lose?
Lazarus. There were two drawers full of shoe buckles, and I do not think there were five pair found ; and Presgrove owned he pawned one pair for 8 s. (they burnt the boxes) there was a diamond ring with a shagreen case, and ten common gold rings set with chrystal stones, a large silver spoon, a dozen and eight tea spoons, and a great many other things .
Prisoner. Did I tell you I pawned those buckles?
Lazarus. He said he pawned them himself, and took 2 s. himself, and gave six shillings to the Jew.
Hyam Aaron . On the 20th of September, a woman who lives a little way off me, sent for me, I found the Court all in an uproar; and I heard that Mrs. Lazarus was robbed; Reuben Isaac told us, he was walking in Moor Fields, and saw the prisoner with a Jew man that goes by the name of White, but his name is Cokey Levi.
Q. Did you hear the prisoner say any thing?
Aaron. I heard him say, he was concerned in the robbery, and was concerned in carrying the things off.
Q. Did he say he was in the house?
Aaron. He did not say that, but he said this Cokey Levi and his wife, robbed him of a bundle of things; and that John White gave the prisoner at the bar one bundle to carry for him, and White gave his wife another bundle, and carried one bundle himself, and the prisoner at the bar said, that John White told him, he would carry these things to Holland, and when he returned, he would give him ten guineas; and he said White had 8 s. of him, and returned him two shillings, and that was all he had for carrying the things.
Reuben Isaac . The prisoner at the bar, and another fellow that goes by the name of John White , but his name is Cokey Levi, were walking in Moor Fields, I think about the 23d of September, and they asked me whether I would buy any caps, stockings and handkerchiefs, or silver, or mettle buckles, and other things; I told them I was willing to go and see what they were.
Q. Where did you go with them?
Isaac. I went to the house by Moor Fields, where the things were; I told them I had not money enough, and I did not ask the price. I went to my father's, and I told him some persons had showed me some things, and I told him what sort of goods they were; and he said he believed they were the poor woman's goods, and we went directly and got a search warrant, and went to the house, but we did not meet with the prisoner at home.
Q. Is Mr. Symon partner with you?
Lazarus. No; he is my own brother, and I set him up; he travels with a licence.
Q. When was the prisoner taken?
Symon . He was taken the 27th, by the information of Bannister, the woman that is in custody.
Prisoner. This White, or Cokey Levi, gave this Rose Bannister a bundle, and gave me a bundle, and took a bundle himself.
Q. What Business are you?
Poultney. I am an Innholder.
Q. Where do you live?
Poultney. At the White Horse at London Wall.
Q. What is the prisoner's character?
Poultney. I never heard any thing amiss of him, his father and he have worked for me, but he has not worked for me these four or five years; I find he works at his business still; he owned to Justice Wither's clerks, that he was hired to carry those goods, I heard him say so.
Q. Does he follow his business now?
Churchman. Yes; I do know that he has worked at his business within a short time, and I have worked with him at moving of Goods, for we carpenters move goods, as well as ticket porters.
Q. But you would not do it in the night time, in this clandestine manner?
Churchman. No; I would not in any clandestine way.
Q. And have you known him the latter part of the time?
Gyles. I have known him all the time, continued down to this time; and I take him to be an
Joseph Green. I have known him these twenty years, and he always behaved in an honest way.
Q. What are you?
Green. I keep a house at Hoxton, for people that are disordered in their senses, he has worked in Hoxton Town within these three months.
+ 513, 514. Thomas Presgrove and Hannah Simkins , of St. Olave Hart Street , were indicted for breaking and entering the dwelling house of William Butterfield , about the hour of three in the night, and stealing four linnen aprons, two laced handkerchiefs, four pair of lawn ruffles, five muslin stocks, four plain handkerchiefs, and a pair of laced ruffles, &c. the property of George Jackson , August 30 .
George Jackson . On the thirtieth or thirty first of August, I lost a large quantity of small linnen from Mr. Butterfield's [Mr. Jackson mentioned the things in the indictment, and said there were a great many more things lost.]
Q. Whose goods were these?
Jackson. They were mine, and I heard the woman prisoner say, she sold all the goods to Mrs. Webb.
Q. What do you know of the two prisoners?
Price. I know nothing of them, I know that the windows of Mr. Butterfield's house were broke open the thirtieth of August in the night, and a pan full of small linnen was taken away.
Q. What was taken away?
Price. Two laced handkerchiefs, a pair of laced ruffles, four plain handkerchiefs, four aprons, four pair of lawn ruffles, five muslin stocks, two teaspoons, and a great many more things were lost that night.
Q. Do you know who took them?
Price. No; but they were brought to my master's house.
Q. Who took the two prisoners up?
Price. Mrs. Webb took the woman up.
George Jackson . On the twenty second of September in the afternoon, a person came to me, and said a woman that had stole my linnen, was seized and carried to Grocers Hall, and that they waited for my appearance; I went to Grocers Hall, and the woman was committed: as to the man , I was told two or three days ago, that he was in custody; and by the description Mrs. Webb gave me of him, I thought he was the person, and she saw the man, and said he was the man.
Q. To Mrs. Price. Who brought the linnen to your master's house ?
Price. Mrs. Leach.
Q. What day were they brought home?
Price. On the third of September.
Elizabeth Webb . I keep a house in White Cross Street, at the Angel, and sell old clothes; on the thirty-first of August, the two prisoners came to my house about five in the afternoon, and she had her apron tucked up, and she opened a little bundle of linnen, for she had divided them into several parcels, and she took the bundle out of her apron: The man [Presgrove] stood at the threshold of the door, and she said it was her husband, and she said come in Will ; he did not come in directly, but stood leaning upon the hatch.
Q. Did she bring you all the things that are in this band-box?
Webb. Yes; and a great many more.
Q. What did you give her for them?
Webb. I cannot tell whether I gave her 50 s within one, or one shilling over 50 s.
Q. So you paid her either 49 s. or 51 s?
Q. Did you ask her how she came by these things?
Webb. Yes; and she said the lady was dead that owned them, and that the linnen was all to be sold; and that the cap belonging to the laced handkerchief, the lady was laid out in; I had no suspicion of her coming dishonestly by them, for she said to the man, she believed she should not make her money of the things, and she consulted with him about it, and she said to him, well, shall I take it? and he consented to every thing that she said, she did nothing without his consent , and she had a blue woollen apron, and she said you must buy this too, for I had them all together: this gave me a suspicion, for it was not likely that the laced goods, and the woollen apron should come together, [the band-box of linnen was produced]
Q. What is the value of these things?
Webb. If they were to be kept by any body, they are worth six pounds, and to be sold to any body to sell them again, they are worth about three pounds; I heard there was an advertisement with a reward for these things, and upon that, I sent Mrs. Leach with them to Mr. Jackson's, and I said, though the gentleman had offered a reward.
Q. I suppose the gentleman paid you the money you paid for the things?
Webb . Yes; and I did not desire any more .
Court. You did very well .
Q. What are you come for?
Ford. I am come to the prisoner Simkins's character, I have known her ever since she was a child, and always knew her to bear a good character till lately, she has been at several services, and within these two years, she has bought and sold in Rag fair.
Acquitted of the Burglary, guilty of the Felony .
+ 516. Peter Goldsmith alias Mr. Peter, alias Peter Morley , late of Yelverton in the county of Norfolk , labourer , were indicted, for that they together with divers other malefactors, disturbers of the peace of our sovereign lord the King, to wit. to the number of forty persons or upwards, whose names are unknown, after the 24th day of July, in the nineteenth year of his majesty's reign, to wit, on the 10th day of March in the year 1746 , at Horsey, in the county of Norfolk , did with fire arms and other offensive weapons, riotously, unlawfully, and feloniously assemble themselves together, in order to be aiding and assisting in running, landing, and carrying away uncustomed goods, and goods liable to pay duties, which had not been paid or secured , in defiance and contempt of the King, and his laws, to the evil example of all others, against the peace of the King, his crown, and dignity, and against the form of the statute in that case made and provided.
The counsel for the crown having opened the indictment and the case, proceeded to examine their witnesses .
Coun. for the Crown . Do you know the prisoners at the bar?
Bailey . Yes.
Q. What are their names?
Q. Did you see them arm'd on the 11th of March?
Q. What were they doing?
Bailey. They were aiding and assisting in running goods.
Q. Where was Chapman on the 10th of March?
Bailey. At Horsey in the county of Norfolk; and I saw Goldsmith there on the 11th of March; Chapman had a piece, and asked me whether that was not a defensive weapon, and as I am not a person that understands fire arms, I told him, I could not tell; and on the 11th of March, when the cutter came up, Chapman, called for his arms, and rode out of the horse yard of Mr. Pierce's house. I don't know the name of his arms.
Q. Where did Chapman go?
Bailey. He went down to Horsey Beach .
Q. Where did you go afterwards?
Bailey . I was used in the most cruel manner that could be.
Q. Did not you conceal yourself from the gang ?
Bailey . I could not conceal myself there.
Q. Was Goldsmith there?
Bailey . Yes, he had two pistols before him
Q. Was he on horseback?
Q. What number of people were assembled together?
Bailey. Upwards of 40.
Q. Were they all armed?
Bailey. I believe they were all armed.
Q. Were most of them armed?
Bailey. They were most of them armed with fire arms; and a boat came on shore from the cutter, and one of them said, d - n you, this is mine, and another said, d - n you, this is mine.
Q. What goods did you see?
Bailey. I did not see any goods, but I knew the package, and took them to be tea and brandy.
Q. What quantity might be in a bag?
Bailey. About 26, 27, or 28l. weight.
Q. Did you see Chapman or the boat come on shore?
Bailey . No; they were all loaden then, and they would have had me gone down to the beach, and have held their horses; and when they came from the beach, they march'd like an army of soldiers with the goods along with them.
Prisoner's Counsel on the cross examination.
Bailey. I am an assistant to an officer of the Customs in London; I kept a coffee house at Yarmouth ,
Q. I desire to know what you went down to Horsey for?
Bailey. I went down to see Mr. Manning, a friend of mine, and I was very ill used before I got to Manning's house.
Q. When you went down to the beach, did you see Mr. Morley there?
Bailey. Goldsmith and Morely is the same person.
Q. What sort of a man is he?
Bailey. He is as jolly a man as I am.
Pris. Co. You are a very jolly man.
Bailey. So I am, for all I am very thin.
Q. Was Morley in the front, or the middle of them, or where?
Bailey. He went down with the rest to load.
Q. You are speaking of the first part of it.
Bailey. No I am speaking of the latter part, when they all went down to load.
Q. What sort of a horse was he upon?
Bailey. I did not mind the horses, I minded the men. I do not know whether it was a horse, or a mare.
Q. What coloured coat had he on?
Bailey. He had a light coloured coat.
Q. Now I would ask you, upon your oath, whether you did not declare before a Justice of the peace, that you saw Morley on Tower Hill?
Bailey. I don't know that I was on Tower Hill. I did not see him before I went to justice Burdus.
Q. What Justice did you go to then?
Bailey. A Justice that lives in the Minories near Tower Hill.
Q. What is his name?
Bailey. I believe it was Justice Ricards.
Q. How came you to declare to this court, that he was riding with fire arms before him? How can you be positive to the fact of his riding with fire arms, when you said before the Justice that he had none?
Bailey. I can give you a reason; there was a great number of people about the yard, that I was afraid to declare that; I did not know but I might have been knocked on the head.
Q. How long was it between the time of the fact being committed, and your giving information of it before Justice Burdus?
Bailey. I believe it was a year.
Q. I ask you whether you never declared that you had nothing to lay to Morley's charge? I ask you whether you never declared that you never saw Morley at Horsey?
Bailey. No; I know he was there; and I said I had nothing to lay to his charge about the assault.
Q. I ask you whether you did not declare that Morley was not there?
Bailey. I believe I said that I was not certain whether he had fire arms or not.
Pris. 2d Coun. On the 11th of March, where did you see Morley first?
Bailey. He was going down to the Beach.
Q. Do you know where he came from?
Bailey. I can't tell.
Q. Can you tell whether he came out of the same house the other smugglers did?
Bailey. I did not see him then.
Q. Did not you declare a year ago that he had no fire arms?
Bailey. I have given you my reason why I said so at Justice Ricards's, for I was afraid of being surrounded.
Q. Did not you tell the Justice that?
Bailey. I did not.
Q. Why did not you?
Bailey. I had not presence of mind.
Coun. for the Cr. When you was before Mr. Ricards , did you recollect that he had any holsters?
Bailey. I said positively he had holsters, but I don't know whether he had pistols or not.
Q. What are you Mr. Ryan?
Ryan. I am a farmer.
Q. Was you on the 10th of March 1746 at Horsey ?
Ryan. Yes; I live there.
Q. Did you see either of the prisoners there then?
Q. Was he armed then?
Ryan. I saw him with a hanger under his coat.
Q. Did you see Goldsmith there?
Ryan. I did not.
Q. Was you on the Beach the 11th of March?
Q. How far was you from it?
Ryan. Not within a quarter of a mile.
Q. Was there any number of people there?
Ryan. There was a great number of people; I believe about 80.
Q. Could you see whether they had any arms or not?
Ryan. I could not.
Ryan. Yes; but their horses were at the beach.
Q. Did you see them take any goods out of a cutter ?
Ryan . I did not see any goods taken out .
Q. What time was this?
Ryan . It was between twelve and one o'clock .
Q. Did you see either of those people the tenth or eleventh of March?
Ryan. I saw Chapman there both the 10th and 11th, but I never saw Goldsmith there either on the 10th or 11th.
Q. Do you know Chapman?
Ryan . I have known him these 20 years; I have known him from a child.
Q. Is he so bad that he cannot pull the trigger of a pistol?
Ryan . I cannot say that.
Coun. for the Cro. If the Gentlemen, who are for the prisoner, should endeavour to influence the Jury upon this account, we can prove that the very foundation of it is false .
Co for the Cro . What are you?
Bailey . I am an officer at Winterton .
Q. Was you at Horsey Beach on the 11th of March ?
Kimmings. No .
Q. Did he tell you who he saw there at that time ?
Q. Did he say what they were doing of?
Kimmings. He said they were loading their goods, and their arms lay upon the Beach.
Q. Did he say what arms they had?
Kimmings . He said they were all arm'd, and I saw they were armed when they went over the common.
Kimmings. I was not within half a mile of 'em, I was not near enough to distinguish any one of them .
Pris. Co. Do you know the prisoner?
Q. Where does the prisoner live?
Woolno. At Yelverton .
Q. How far is that distant from Norfolk ?
Woolno. I can't tell , I never heard.
Q. What business is Goldsmith?
Woolno. He is a little farmer.
Q. Is he a man of a good state of health, or is he not?
Woolno. He is ill sometimes; he has a lameness upon him, and has had ever since I have known him, it is something of the palsy .
Q. I would beg leave to ask you as to the 11th of March, 1746 . do you remember seeing Goldsmith that day, and where ?
Woolno. Yes; I saw him at his own house.
Q. About what time did you see him?
Woolno. I saw him at his own house, from six o'clock in the morning till seven or eight at night.
Q. What at different times?
Woolno. Yes, at different times.
Q. What was you doing for him?
Woolno. I was loading a mould cart.
Q. Because Mr. Bailey has sworn he saw him that day on Horsey beach ?
Q. Was you there every hour of the day?
Woolno . Almost every hour.
Q. Did you see him at twelve o'clock?
Woolno. I saw him between eleven and one.
Q. When did you see him again?
Woolno. About seven o'clock at night.
Q. How came you to remember the day so particularly?
Woolno. Because he had a hog shot that day.
Council for the Crown. Do you live there now?
Q. Did you make any memorandum of the eleventh of march in a book?
Woolno. No, I did not; another person had a sow shot that day.
Q. Did you go to visit this person every hour?
Woolno. I do not say that.
Q. You say you saw him from eleven to one; are you sure as to that time?
Woolno. Yes; because we dined together on that day.
Q. Did you use to dine with him?
Q. How far was you to carry this mould?
Woolno. Not above twenty yards off.
Q. Council for the Crown. What day of the week was this eleventh of march.
Woolno. It was on a Wednesday.
Q. When was the hog shot?
Q. When the hog was killed, did Goldsmith come to tell you the hog was killed?
Q. Did he bid you mark the day?
Q. Did he ever tell you about being an evidence?
Q. How long was it after this time, that that man was charged with this smuggling?
Woolno. I cannot tell.
Q. Was it within twelve months?
Woolno. Yes; it was.
Q. Was it within ten months?
Woolno. I believe it might.
Q. Had you any conversation with your master afterwards about this?
Woolno. I never talked with him about this afterwards.
Q. I should be glad to know when you was first called upon to be an evidence for Mr. Goldsmith?
Woolno. About half a year ago or more.
Q. Who first called upon you to be an evidence for Mr. Goldsmith?
Woolno. It was Mr. Morley himself.
Q. How came you to be so exact about the time?
Woolno. Upon account of the hog.
Pris. Coun. Do you know Morley?
Holmes. Yes; very well, that is he.
Q. What are you, a husbandman, or a labourer?
Holmes. A labourer.
Q. Did you ever work with Woolno?
Holmes. I never worked with him but one day, and that was filling a mould cart, and my Mrs. Neale sent me with her team to Mr. Goldsmith's.
Q. What time did you go there?
Holmes. About six o'clock in the morning.
Q. Did you see Morley that day?
Holmes. He sat at table with us, and dined with us.
Q. Do you remember what day this was?
Holmes. It was the eleventh of March.
Q. What March.
Holmes. March was twelve month.
Q. What do you know the day by?
Holmes. Only by the swine being shot.
Q. And how long was you there?
Holmes. I was there from morning till night.
Council for the Crown. Do you keep an account of these things so particularly, that if a hog, a horse, a cow, or a bull is killed, you make a memorandum of it?
Q. Did Goldsmith direct you to remember any particular day?
Q. And did you dine there that day?
Q. And do you remember that day particularly, on the account of your dining there?
Holmes. Yes; and because my Mistress gave me a shilling for my day's work.
Q. What day of the week was this?
Holmes. It was on a Tuesday.
Q. Are you sure of that?
Holmes. No; it was on a Wednesday.
Q. How long is the eleventh of March before the twenty-sixth?
Holmes. I cannot tell.
Q. Do you know what the present day of the month is?
Holmes. I do not know.
Q. What month are we in now?
Holmes. I do not know the name of the month.
Q. I think the account you have given in this cause, is almost as remarkable as the death of the sow.
[Woolno called again.]
Council for the Crown. What day of the month is this?
Woolno. I cannot tell.
Q. Do you know what month it is?
Mr. Ellis. I am a farmer, I rented a farm of 40 l. a year at that time.
Q. Do you remember where you was on the eleventh of March, 1746?
Ellis. I was at Mr. Morley's , helping to fill a cart.
Q. Was you all day at Mr. Morley's, or only a part of the day?
Ellis. I was there all day.
Q. Did you see him seldom, or often that day?
Ellis. I saw him very often that day, and dined with him about twelve or one o'clock.
Q. How came you to remember it?
Ellis. Because I had a sow killed that day by one Hubbard.
Q. How far is Yelverton from Horsey ?
Ellis. It may be twenty or twenty-five miles.
Q. What day of the week was this?
Ellis. It was on a Wednesday.
Council for the Crown. Have you had any conversation with any body about this thing?
Q. Was it within this fortnight?
Ellis . I believe it may.
Q. Who were there?
Ellis . There were several, Mr. Woolno was one.
Q. Was Mr. Kelly with you upon this Conversation ?
Ellis . I do not know whether he was or not.
Q. You must answer the questions directly , do not give such shuffling answers as these .
Q. Have you seen Mr. Kelly within this fortnight ?
Ellis. Yes ; I have seen him within this fortnight.
Q. Did he ever tell you any thing about the eleventh of March?
Ellis. He never did, and Mr. Kelly never told me what day it was.
Q. Can you read?
Ellis . I can neither read nor write .
Q. Who told you this was on the eleventh of March ?
Ellis . I asked what day of the month the sow was killed , and I was told it was on the eleventh of March .
Q. What was it the month before October?
Ellis . I cannot tell.
Q. What was last month?
Ellis . I cannot tell.
Q. What is the next month?
Ellis . I cannot tell the name of the month.
Q. Now I would ask you a question, and I desire you would give yourself a good deal of time to answer this question; recollect your past life for three or four years together, and tell me whether you can remember any one particular day besides this?
Ellis. No; I cannot tell, because I do not take particular notice of every thing; I never had such an accident before .
John Brown, Attorney . The prisoner applied to me for advice, and I advised him to come to London. On the eighteenth of April the prisoner was advertised in the Gazettee, in order to his surrendering himself according to the act of parliament, and I advised him to go down to Norwich, and surrender , and he took my advice, and did go down; and he did surrender himself to one Mr. Brooks , a Justice of the peace for the city of Norwich , and I went with him to surrender himself, and set it down the same day, and the justice would not commit him.
Q. Why would he not commit him?
Brown. Because he would have been admitted to bail upon his surrendering, and the Justice would not admit him to bail; Mr. Morley did apply to me about bringing an action against this Hubbard, for killing his hog, but I advised him to let it alone.
Q. Was this before, or after his surrendering?
Brown. It was before his surrendering, and he mentioned the eleventh of March, as the day the hog was killed on.
Q. When you was talking with him about the hog, did he say he was at Horsey or not?
Brown . He said he was not there.
Q. Did he say where he was?
Brown . He said he was at home.
Goldsmith Acquitted , Chapman guilty Death .
+. 517 Thomas Glover , of New Inn Green, in the county of Kent , was indicted for that he, together with divers other persons, to the number of fifty, on the twenty-fourth October, 1746 . at the parish of St. Margaret's, at Cliff, in the county of Kent , were assembled together with fire arms, and other offensive weapons, in order to be aiding and assisting in running, and landing uncustomed goods, &c .
Q. Do you know the prisoner at the bar?
Q. How long have you known him?
Croud. Above a year.
Q. Was you on the twenty-fourth of October at St. Margaret's Bay , in the county of Kent?
Q. What October?
Crowd. October 1746.
Q. Did you then see any vessel hover about the shore?
Croud. Yes .
Q. What sort of a vessel was it?
Crowd. It looked like a cutter.
Q. I think you was at one French's house?
Croud. Yes; and I staid there all night, and till twelve o'clock at noon the next day.
Q. What time was it when the smugglers came there?
Croud. It was about eleven o'clock at night.
Q. And did you go out to see how many there were of them ?
Croud. I went out of the house when they came by, and they ordered me and French's to go in and stay there, and in a little time they came
Q. Was it a moon light night?
Croud. It was starlight .
Q. How far might the company be from this house when you saw them?
Croud. About twenty rods.
Q. Was you near enough to distinguish the number of people upon the Beach?
Q. What were the horses loaden with ?
Croud . Some with oil skin bags, and others with casks .
Q. What do you think were in the oil-skin bags ?
Croud. I suppose it to be tea, it is the common paccage of run tea.
Q. Had you any conversation with any of them when they came upon the Beach ?
Croud. The officers detected them, and then they fell to beating the officers , and knocked one of them down.
Q. Was Glover among them?
Croud. Yes; he was.
Q. Had he any arms?
Croud. Yes; he had a carbine slung upon his shoulder , and he desired me to help him upon his horse, which I did.
Q. What arms had the rest?
Croud. Some had pistols , and some had carbines.
Q. Were they all armed?
Croud. I cannot say; a great many of them were armed.
Q. Had you seen Glover frequently before that?
Croud. I had seen him very often.
Pris. Coun. What induced you to go to French's house, and stay there till eleven o'clock at night?
Croud. I staid there all night, and staid to keep them company.
Q. Where is your place of abode?
Croud . At Staining Mins.
Q. What are you?
Croud . I am a labourer.
Q. I think you say you was at French's house, when you saw the smugglers, how far distant were they from you then?
Croud. They were just by, and ordered us to go in.
Q. When was it you first saw the prisoner?
Croud. When he was loaded, when he came back from the watcp the hill.
Q. How far is this from the house ?
Croud. About two rods .
Q. How far is it from the Beach?
Croud. About twenty rods from the water side .
Q. Was he on horseback , or on foot?
Croud . He was on foot when I first saw him and I helped him up upon his horse.
Q. Now among this number of people and that time of night , I ask you whether you will not be mistaken ?
Croud. I am sure I am not, for I was as him , as I am to that gentleman; I asked them something to drink , and they said they would not give me any thing.
Q. Was it a starry night?
Croud . Yes.
Q. Was there any n ?
Croud. I cannot tell whether there was or it but it was a clear night.
Q. What clothes had on?
Croud. He had blush thes on.
Q. What time was it when you saw him on the Beach?
Croud. About four in the morning.
Coun. for the Cro. I think you keep a publick house at St. Margaret's Bay ?
Q. Do you remember any number of people being there last Oct. was twelve month.
Q. Who were at your house?
French. There were four or five people.
French. Yes; he staid all night, and went away the next morning.
Q. Do you know the number of people that were coming by the house?
French. No; but some body bid us keep in.
Q. Do you remember whether Croud mentioned the names of any particular persons that were in this gang?
French. I cannot say; if I don't mistake he said he knew some of them, but I don't remember their names.
Pris. Coun. The defendant was married but two days before this, he was married the twenty-second of October 1746 . and went to the house of one Snowton, and staid there till the twenty-fifth.
Forman. Yes; he was married the twenty-second of October.
'' The certificate was produced by Mr. Forman; '' Thomas Glover was married the twenty-second '' of October 1746. at Goodneston, near Feversham , in Kent, to Mary Chittenden ; it is signed by the parson, and it is signed by me.
Q. Who were they married by?
Forman . By Mr. Gerrard.
Q. Where did they go to afterwards?
Forman. To Mr. Snowton's, and I went with them .
Q. How far is that off?
Forman. About two miles and an half.
Q. Did you on the twenty-third, or twenty-fourth of October, see the prisoner at any place?
Forman . I did not.
Pris. Coun. Do you know the prisoner?
Q. Is the prisoner a married man?
Snowton . Yes; he was married the twenty-second of October 1746, at the parish church of Goodneston .
Q. How far is that from St. Margaret's Bay .
Snowton. About twenty-two miles; after the marriage, they went to my house, and he was at my house the next day?
Q. Do you keep a publick house, or a private house ?
Snowton. I keep a publick house, within a mile of Goodneston .
Q. Did they lye at your house?
Snowton . No.
Q. When did you see him next?
Snowton. On the twenty-third in the evening.
Q. What day were they married on?
Snowton. On the Wednesday.
Q. Had he a horse?
Snowton. Yes .
Q. How long did the horse stay in your stable?
Snowton. From Wednesday till Saturday.
Q. Did you see him on the Thursday?
Snowton. I saw him on Thursday morning .
Q. Did you see him on the Friday?
Snowton. cannot tell.
Q. Did you see him on the Saturday?
Q. What time on the Saturday?
Snowton. About noon .
Pris . Coun. Look on the prisoner, do you know him?
Q. Do you recollect the time of the marriage ?
Q. Are you scholar enough to recollect the day they were married?
Foreman. They were married on the Wednesday
Q. Did you see them on the Friday?
Foreman . Yes.
Q. What time on Friday?
Foreman. About sun down, between five and six o'clock.
Q. Where was that?
Foreman. At Wharton on the Green, about a quarter of a mile from Snowton's .
Q. Did they lie at your house?
Foreman. No, it is one building, there is a little wall parts us.
Q. And are you positive you saw them two days after they were married?
Q. Did you hear any thing of their going to bed?
Foreman. I heard them stamp.
Q. So you heard some motion?
Q. What time did you see them on the Saturday morning?
Foreman. About sun rising.
Q. What time is that?
Foreman. Between eight and nine o'clock.
Q. How many hours had the sun been up, when you saw them?
Foreman . The sun does not rise till seven o'clock, at that time of the year.
Council for the Crown. Where do you live?
Foreman . At Wharton on the Green .
Q. Do you live with the young woman the prisoner married?
Foreman. It is all made one roof, but it is not one house.
Q. Was it on the Friday morning, or the evening that you saw the prisoner? Did you see him at all on Friday?
Q. Where was that ?
Foreman. In the yard.
Q. Are you sure it was him?
Foreman. Yes .
Q. How can you take upon you to say, you heard him and his wife go to bed, because you heard a stumping? Did you go to labouring in the morning?
Foreman. Yes; but I saw him before I went.
Q. I suppose this was at sun rising, yes? How long was it before any body spoke to you about this affair, after the man was married.
Foreman. I cannot tell whether it was a week, or a fortnight, or a month.
Q. Who spoke to you about coming to give this evidence?
Foreman. Mrs. Glover, herself.
Filmore. Yes .
Q. Do you remember the time of their marriage?
Q. What day of the week was it on?
Filmore. It was on a Wednesday.
Q. And were they actually married?
Q. How long did you continue there?
Filmore. That night and the next morning.
Q. When did you see the prisoner after?
Filmore. Not till Saturday morning, between seven and eight o'clock.
Q. Had he any boots on?
Q. Had he any riding stockings?
Q. Did he look as if he had been going a journey?
Filmore. No, he was but just up, and I breakfasted there, and I got there between seven and eight o'clock.
Q. Are you sure you got there before nine?
Q. Can you say you was there before eight?
Q. How far do you live off?
Filmore. About two miles.
Q. Where was you going?
Filmore. I was going to Canterbury market .
Q. What day was it?
Filmore. On a Saturday.
Joseph Hill . I am a husbandman, I have a little farm of my own.
Q. Do you know the prisoner?
Q. Do you remember the time of their being married?
Q. What day of the month was it?
Hill. The twenty-second of October, and it was on a Wednesday, I was at the wedding.
Q. Did you see him on the Thursday?
Hill . I did not.
Q. Did you see him on the Friday?
Q. What time?
Hill. Between three and four in the afternoon, at Broughton .
Q. Did you see him on the Saturday?
Hill . I saw him about two at noon.
Pris. Coun. I think you are a commissioner the revenues in Ireland, and a Justice of pence for the county of Kent.
Champney. I am.
Q. How long have you known the prisoner at the bar ?
Champney. I have known him twenty years, and during which time, I have always looked upon him as an honest industrious man; and he has worked for me, my father is an old infirm man, or he would have been here to have given him a character; he is above fourscore years of age. The prisoner is a tenant of my father's, and rents 12 l . a year of him, I have a brother of his that has lived with me this twenty years.
Q. Did you hear that the prisoner was a smuggler?
Champney . My Lord, I believe all the people on the coast are given to smuggling, I have heard he was , but I do not know that he is.
Pris. Coun. to Gibson. I think you are steward to Mr. Champney.
Q. And as steward to Mr. Champney, how long have you known the prisoner?
Gibson. I have known him thirteen years.
Q. And what is his character?
Gibson. He has a very good character in his neighbourhood, and always had the character of an honest, judicious, laborious man.
John Rice , of Westburn, in the county of Suffolk , was indicted for that he, with divers other persons, to the number of twenty and upwards, on the twenty-second of October, in the twenty first year of his Majesty's reign ; did riotously, unlawfully, and feloniously, assemble themselves together, and took away unentered goods from the place where they were lodged ; to wit, at Pool, in the county of Dorset , in defiance and contempt of the King, and his laws; to the evil example of all others, &c.
Discharged for want of prosecution .
+ 520. Richard Riches , late of Rentham in the county of Suffolk , were indicted, for that they with divers other persons, to the number of forty, after the 24th of July, 1746. to wit, on the eighth of October, in the twentieth year of his Majesty's reign , at Benacre, in the county of Suffolk , did with fire arms, and other offensive weapons, riotously, unlawfully, and feloniously, assemble themselves together, in order to be aiding, assisting, and landing, unentered goods, &c .
Discharged for want of prosecution .
The indictment was also laid, for stealing six mother of pearl shells, value 6 s. the property of persons unknown.
Sept. 9 .
Q. What time?
Sims. About ten minutes before twelve at noon, and the prisoner's pocket seemed to be heavy; I suspected him, and I bid the East India Company's elder porter search this Jones , but I did not see him searched.
Q. Did Mr. Sims desire you to search the prisoner ?
Frost. Yes ; and I searched him, and found six mother of pearl shells upon him, and the pocket was large , and uncommon.
Q. What are the shells worth?
Frost. four or five shillings, sometimes they are worth more, and sometimes less, I cannot set a value upon them; and I took him to the Castle in Mark Lane.
Q. Do you know whose property they are?
Frost. I cannot say, but I missed them out of the warehouse.
Q. Did he confess where he had them?
Frost . He said he had concealed them for a quarter of a year in the warehouse.
Q. Are these the shells you took out of his pocket?
Frost. I cannot swear to them, but they are very much like them.
Q. Did you seal them up?
Frost . I did not seal them up.
Mr. Letchmere, a warehouse-keeper to the East India Company, produced a letter the prisoner sent to him, directed to Mr. Letchmere, in Mark Lane, in which was a petition to the hon. the East India Company (which was read) in which he humbly acknowledges his fault, in taking six mother of pearl shells, out of the drug warehouse; and asks pardon of the hon. the East India Company, and begs of them to pardon him as being the first time, and assures them, that he never knew any body that robbed them.
Q. Is this wrote with his own hand?
Letchmere . Only the name I believe.
Prisoner. My lord, I bought them?
Court. How came you to acknowledge under your own hand, that you took them out of the warehouse.
+ 522. James Boyde , of London, soldier , was indicted, for that he being an evil disposed person, and not having any regard to the laws of the land, after the first day of June 1733. to wit, on the eleventh of July last , at the parish of St. Bride's , with a certain loaded gun, which the said James Boyde , then and there had, and held in both his hands; did unlawfully, maliciously, and feloniously, fire off at the person of Thomas Palmer , with an intent to kill him .
Thomas Palmer . On the seventh of July last, one Mary Shirley , wife of Lewis Shirley , came to my house, and desired to lie there; I told her I had no bed , unless she would accept of my servant maid's, and she lay there Wednesday, Thursday, Friday, and Saturday; and there was a report that a man had hurried Mrs. Shirley into a coach, and ordered the coachman to drive to the French Change; I took company with me, and went to Monmouth Street, which they call the French
Q. Was the prisoner's face black?
Palmer. I cannot say that it was, my lord; I go in fear and danger of my life upon account of this fellow.
The Prisoner was acquitted upon this indictment, and the court ordered him to find security for his good behaviour to the prosecutor for a twelve month; himself to be bound in the penalty of 100 l. and two securities in 50 l. each, and to remain in prison till he has found sureties .
Q. Do you know the prisoner?
Delaport. Yes; I have reason to know him, I have lost several quantities of hair, and out of that box I am sure I lost a pound and an half.
Q. How came you to mistrust the prisoner?
Delaport . My foreman told me he had found the thief, that one Smith came and matched hairs, so that you could not distinguish them from being the same, and I knew them to be my own hairs .
Q. How do know this ?
Delaport . No, my lord, I cannot say they were .
Pris. Co. I happen to know something of this affair; the prisoner was committed on suspicion of stealing a quantity of human hair, value 10 s.
Q. Mr. Delaport, what did you charge him with at first?
Delaport. I thought they were not stole then , but afterwards I found they were.
Mr. Smith. The prisoner brought me some hair to sell.
Q. How long have you known the prisoner?
Smith. Seven years, the first parcel of hair he brought to me, was the middle of January, and he brought another parcel the beginning of May last .
Q. And did you buy both those parcels of hair of him ?
Q. What did you give him for the first parcel in January?
Smith . I paid him 5 l. and for the other in May , I paid him 4 l. 19 s. 6 d. and he said that the hair he brought to me, was the hair of a perriwig-maker , who was under necessity; and he brought another parcel in July, and said it was the same person's goods; I thought then, that that perriwig-maker could not be in being then, for they seldom stand so long under such circumstances , and I had matched hairs several times at Mr. Delaport's; he offered me some hair of 5 s. an ounce, and Mr. Delaport would not sell it under 12 s. I said before Sir William Smith , Mr. Herbertson , can you produce the man you had the hairs of? and he said no, and Mr. Delaport's man swore before one of the aldermen, that it was Mr. Delaport's hair, and there was one piece of hair that the root of was tinged, and I do swear to the best of my knowledge, to this being mine, and that he stole them or his accomplices.
Q. So when you bought the two first parcels . you had no suspicion?
Smith . I had not, but I had the last time. If I am the manufacturer of a lock of hair I can swear to it.
George Brown . I am a Journeyman to Mr. Delaport , Mr. Smith came in about the 20th or 21st of June last, to my master's shop to buy some hairs, and he was asking what price such hairs were, and he said 12 s. an ounce; he said he had several parcels of that sort, that did not cost him so much money , and I said they were my master's hairs I went home as fast as I could and got two or three bits to match them; and I said to the prisoner, these are my master's property. Mr Smith had not paid him for the last parcel of
Q. How do you know them to be Mr. Delaport's hairs ?
Brown . They are his hairs , and there was a servant of Mr. Delaport's , that run away when the prisoner was taken up, and I believe they were both concerned , for they kept company together.
Q. When was the prisoner taken up?
Brown. The 21st, 22d, or 23d.
Q. When did the other servant run away?
Brown . It was the second day after Mr. Herbertson was taken up.
Humphrey Highington . I am a perriwig-maker, I went to Mr. Delaport's for some hair, and asked for Mr. Brown the foreman, and there was a man there, who said he could serve me as well as any body; and I went with Mr. Deleport's man to see the hairs , and I very believe they are the hairs of the very same drawing, and Mr. Brown said, he could take upon him to swear they were his master's hairs , and I was charged with him, and carried him before Sir William Smith .
Delaport. I believe I can very well tell when he was committed, and I believe the mistake between the months of June and July, was the attending at one sessions , and its being put off to another.
Q. Would you swear to hair you had bought , or put by after it was out of your custody?
Chester. No, indeed I would not.
Mr. Usbee . Upon my word , I take him to be an honest man .
524. Mary Richards , of St. Martins in the Fields , was indicted for stealing a table cloth, a holland sheet, three napkins, seven shirts, four lawn handkerchiefs, four cambrick handkerchiefs, stock, and a pair of thread stockings ; the property of William Draper , Esq; Sept. 6 . And,
527. Lewis Blanch , of Christ Church , was indicted for stealing two linnen waistcoat's, value 2 s. and a cotton waistcoat, value 1 s. the goods of John Norris , and a pair of shag breeches, value 1 s. the goods of Abraham Barbezan , October 4 .
Guilty 10 d .
John Crowder , and John Wetherby , but Mr. John Harrison , being a partner in the trade, and his name not being in the indictment, they were Acquitted .
538. Sarah Ketchersides , was indicted (together with John Ketchersides , Stephen Pritchard , and Mary Euston ,) for assaulting George Strong , on the King's highway, putting him in fear, and taking from him a perriwig, value 7 s. his property, August 2 .
The Trials being ended, the Court proceeded to give Judgment as follows.
Received sentence of death 5.
Transportation for 7 Years , 19.
Branded in the hand, 1.
Whipped , 9.
John Brown 539
Han. Wisby 492