HELD AT JUSTICE-HALL in the OLD-BAILEY,
On FRIDAY the 13th, SATURDAY the 14th, MONDAY the 16th, THURSDAY the 19th, and FRIDAY the 20th of January.
In the 22d Year of His MAJESTY's Reign.
BEING THE Second SESSIONS in the MAYORALTY of the
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1749.
N. B. The Public may be assured, that (during the Mayoralty of the Right Honourable Sir WILLIAM CALVERT , Lord Mayor of this City) the Sessions-Book will be constantly sold for Four-pence, and no more, and that the whole Account of every Sessions shall be carefully compriz'd in One such Four-penny Book, without any further Burthen on the Purchasers.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Honourable Sir WILLIAM CALVERT , Knt. Lord Mayor of the City of London, the Lord Chief Baron PARKER , Mr. Justice BURNET, JOHN ADAMS, 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.
93. John Phillips was indicted for stealing one cloth coat, val. 30 s. one pair of shag breeches, val. 15 s. one dimitty waistcoat, val. 6 s. four yards and a half of cloth, val. 10 s. and other things the goods of John Bannerman , and Thomas Bunting Esq ; Dec. 29 .
John Bannerman . I am a taylor , and on the 29th of last month the prisoner at the bar came to my house and ask'd for me, and my servant told him I was not at home; he said he did not want to see me, so went up stairs into my shop and took away those goods mentioned in the indictment.
Q. How do you know the prisoner took them away?
Bannerman. I took him up the Monday-night following, and he confest he had taken the shag breeches and waistcoat, but the coat he never confest, that was the property of Thomas Bunting Esq; the others were my own; he directed me to the pawnbroker's where he had pawn'd some of the goods.
Guilty 4 s. 10 d.
Hen. Jackson. On the 30th of Dec. I lost out of a little cupboard 9 different remnants of gold lace, 170 l. in cash; to the best of my knowledge there were 120 guineas and the rest Portugal gold, one bank note payable to one Lefeavor.
Q. How do you know it was the prisoner at the bar that took those things?
Jackson. He was my near relation and servant; he told me the 30th of Dec. he would stay no longer with me, and went away about half an hour after 8 that morning: my workmen after he was gone told me they had seen him with more money than they thought he could honestly come by, of late: then, after missing these things,
Q. Have you any of the money here or the note?
Jackson. No, my lord, the prisoner said he was very sorry for what he had done.
Guilty of Felony except the bank note.
Joseph Barnthwate . I am a linen-draper the prisoner came to my shop the 6th of Jan. she ask'd me to see a coarse handkerchief of about 10 d. price; these handkerchiefs lay just behind me, and while I was turn'd round to reach them down, she took a remnant of long lawn; I miss'd it, but she was just gone; I followed her, and took hold of her, and found by taking up her cloak, it was under her right arm.
Guilty 4 s. 10 d.
Guilty 10 d.
97. John Forster , late of St. John's, Wapping , was indicted for stealing one silver spoon, val. 10 s. one Portugal piece, ten guineas, ten pounds 18 s. in silver , the property of Lewis Jones , Jan. 7 .
Lewis Jones . The prisoner had been at my house about 14 nights, and went away, Jan 7. I miss'd these things, I got a warrant and officer, and by directions found him in Hungerford-market, in One-tun court; he was in bed with a madam, and upon seeing me he stamp'd and said he had done for himself. We had him before the Justice, and on searching him found a purse, in which he told the Justice he believed there was about 10 l. but his worship found it to be 17 l. the prisoner said to me, it is your money, and I am sorry I should be guilty of such a thing.
Mary Jones . The prisoner asked me for a candle to go up stairs on Saturday night last: he went up stairs and came down again. My husband went up and found his money was gone; he returned and said we were robb'd: the young man who lodged in our house, said he heard Forster drop three or four pieces of money. The next morning my husband found the prisoner out, and carry'd him before a Justice, and from thence to a publick house, and there he confest the fact: likewise he confest it in Justice Manwaring's garden, saying he had used a friend very and was sorry for it. I saw this 3 l. 12 s. taken out of the purse before the Justice, and there I swore to it by a particular mark on the figure 9.
Stephen Pett . I am Beadle of the parish of St. John, Wapping; on Sunday-morning Mr. Jones call'd me out of bed, we took a person or two with us, and went to One-tun-court in Hungerford-market, and there we took the prisoner; he was in bed with a madam, and we brought him before Justice Manwaring, and found about 17 l. in a purse in his pocket. The Justice asked him how he came by that money, and he said he received it for wages and prize-money: being ask'd how much there was of it, he said he believed about 9 or 10 l. but, upon telling it over, there was 17 l. with the portugal piece, which Mrs. Jones swore to, which was produced in court: he said he was a sailor before the mast, the Justice told him by his appearance he should have taken him for a captain of a man of war, by his lac'd waistcoat, &c. The Justice desired him to be ingennous, if he had any thing to say to Mr. Jones; so we went to an ale-house, and upon Mr. Jones's charging him with taking the money, he retun'd for answer, he was sorry for what he had done, adding, this money is all yours; and he own'd the same when we took him back again.
Prisoner. When I came to Mr. Jones's house on Saturday-night, I went to get a ring out of my chest but could not get my chest open; I went up again and I found my key and open'd my chest, and I could not find the ring; coming down I happen'd to make a sort of stumble on the stairs and I fell down; I had four guineas of my own in my pocket at that time, and I went to Covent-garden to my Lord's, and there I went to Hazard, and there I believe I won about 10 or 12 l. and the next morning Mr. Jones came to me at my lodgings with my wife, and took me to Justice Manwaring's and sent the girl to the Round-house. My captain and officers never could say but I was an honest fellow.
Jan. the 8th .
Joseph Steel . Last Sunday night about 10 o'clock, the two prisoners with others in a gang, rush'd against me, and took off my hat and ran away with it; I saw my hat in Cane's hand and runing after him, got a fall; but I took such notice of him that I knew him again.
James Melisant . Last Sunday Night I was at Exeter-Change with a light, to attend at Dr. Taylor's Sermon, one of the Prisoners desired me to go with him, I gave him a dram, we went to St. Giles's , and propos'd to take the first man's hat we saw; meeting with Mr. Steel a little in liquor, says Slade to William Cane , Off with it. Cane took off the hat, and he ran down the Coal-yard with it, I run across the way, and the other run the other way; there was a man with Mr. Steel, he laid hold of me, so I was taken; he brought me to the Constable, first of all I denied it, but at last own'd it, and directed them to the two prisoners.
Q. Do you tell the truth?
Melisant. I do indeed, my Lord.
Morris Philips . Mr. Steel and I was taking a tankard of beer in Monmouth-street, he was in liquor, and I went to conduct him home; as we cross'd Drury-lane end these chaps follow'd us, and rush'd against us: I apprehended the ill consequence might attend it, and desir'd him to be on his guard; they rush'd against us a second time, one of them gave the word, and the hat was taken off immediately; one run one way, another another, and I took this man, the evidence, and he confess'd there were 26 more in a gang together.
Q. Did you find the hat?
Phillips. We did not search their lodgings, the prisoners confess'd the fact before the Justice, and it was taken in writing; they said, as we are to go to Newgate you shall not have the hat.
Guilty of Felony but acquitted of the Robbery .
Guilty 10 d.
102. Mary Pollard , late of St. Botolph's, without Aldgate was indicted for stealing one man's cloth coat, val. 21 s. one sattin waistcoat, val. 42 s. one velvet breeches, 15 s. one woman's cotton gown, 8 s. two linen shifts, 4 s. and several other things , the goods of Henry Fitzsimonds , Oct. 24 .
Henry Fitzsimonds . I lost these goods mentioned in the indictment, the prisoner was my quarterly servant , she and my goods were missing together, I found her this day six weeks in the city, and took and brought her to an ale-house telling her I had been looking for her a great while; she immediately own'd taking the goods, and carry'd me to a pawn-broker's where she had pawn'd them; he examined her pretty strictly, I went pretending in order to buy them; he brought them down, and I demanded them as my goods, telling him I would make an exchange. he might have the woman and I would have the goods; but he refus'd delivering them unless I paid the money he lent on them, and she was prosecuted.
Q. Did he say that was the woman who brought the goods there?
Fitzsimonds. Yes, my lord, and she did not deny it; I got a search-warrant and the goods were lodg'd in the officer's hands, and they are here in court.
Samuel Trimmer . The 24th of Oct. the prisoner came to my house and wanted to pledge this coat, waistcoat and breeches, telling me her husband was lieutenant of a man of war, and she wanted to dress herself as such officers wives usaally do; I told her I did not think to take in any such things without she could be recommended by some house-keeper, she being a stranger: she went out, and in about half an hour's time she returned with a little boy; his parents are very honest people, and he told me his mother knows the woman, and believes you may take in the things very safely, and on that account I lent her 45 shillings on them.
Q. Did you ever see the prisoner afterwards?
Trimmer. No, my lord, until she and the prosecutor came together.
Margaret Fitzsimonds . On the 24th of Oct. I was just come home, the prisoner had been out for some water, and she made me believe a gentlewoman of my acquaintance desired to see me at her own house that afternoon: I went to the gentlewoman's house and found it to be false, I return'd immediately in about 10 or 12 minutes, and found my back door open and my child in the street, and all these things were gone.
Q. What business is your husband of?
M. Fitzsimonds. He is a taylor and salesman both; she own'd taking the goods before me, and said the devil was in her when she did it; this was before they went to the pawnbroker.
Samuel Nasbit . When Mr. Fitzsimonds met with the prisoner accidentally he sent for me; she immediately own'd taking the goods, and said she had pawn'd them with Mr. Samuel Trimmer in Hounsditch: said I, do not you think you have done very ill in serving these people thus? she said all they could do, was to transport her, then she would be in her own country. She says she was born in South-Carolina.
Prisoner. Mr. Fitzsimonds told me he ow'd money at the other end of the town, and he desir'd me to go and pawn these things unknown to his wife, and coming back I happened to lose some of the money.
Guilty 39 s.
Guilty 4 s. 10 d.
105. John Hatt , late of Fulham , Middlesex, was indicted for breaking and entering the dwelling-house of Mary Countess of Pembrook , and stealing thence one cloth coat, val. 1 l. 1 s. one hat, val. 5 s. one sheet, val. 10 s. one cloth great coat, val. 5 s. one pair of cloth breeches, val. 10 s. five linen shirts, val. 15 s. two pair of stockings, val. 2 s. two handkerchiefs, val. 1 s. the goods of Robert Burton , and others , Dec. 25 .
Robert Burton . The prisoner robb'd me the 25th and 28th of December; the 25th he got one pair of breeches and one coat; the 28th he stole one great coat, one leather bag and one stock, my property: one sheet the property of my lady: two pair of shoe-buckles the property of Tho Hedger .
Q. Where did the prisoner take these goods from?
Q. What do you think the goods at a moderate value are worth?
Burton. I believe not 40 s. my lord, he sign'd the taking of the things I have mentioned before Justice Ellis.
Q. Did he confess any thing to you before he was at the Justice's?
Burton. He own'd every thing, and to whom he pawn'd and sold them.
Q. Pray what is the value of all the goods at a moderate valuation ? do you think they are worth 40 s?
Burton. I am sure they are worth above that.
Q. Did you hear him say any thing of these things?
Hedger. He own'd every thing; he own'd he stole them out of our apartment.
Q. Pray how much do you value your coat at?
Hedger. At a guinea.
Court. Dear enough at that money.
Hedger. And my hat at 5 s.
Guilty 39 s. not breaking the house .
106. John Osborne , late of St. Martin's in the Fields , was indicted for a Rape committed on the body of Susannah Tabart , an infant under 10 years of age; and a second time for knowing the said person being an infant under twelve years of age .
Q. How long since?
Tabart. About three weeks ago.
Q. What month is this?
Court. Go on child and tell the truth.
Tabart. In carrying up the supper the Prisoner carried up some things, and I carried up two cold tongues, he took them and put them upon the table, shut the door, sat down in a chair, and call'd me to him; I went to him, and he pull'd me nearer to him.
Q. And what then?
Tabart. He pull'd up my coats, and put something into me, Sir.
Q. Did he stir out of the chair?
Tabart. No, sir, he sat in the chair.
Q. What did he do with his hands at that time?
Tabart. He had them round my waist; he draw'd me between his legs with his hands, sir; my legs were close together, but he open'd them.
Q. How could he do that, for he drew you betwixt his legs.
Tabart. With his hand, sir; so that he put something into me.
Q. Did he keep you betwixt his legs?
Tabart. Yes, sir.
Q. Why did not you cry out?
Tabart. I did, sir.
Q. What room was this?
Tabart. It was a two pair of stairs room, sir.
Q. Did he hurt you?
Tabart. Yes, sir, he hurt me very much.
Q. How long did he keep you there?
Tabart. not very long.
Tabart. Yes, sir, there was wet come from him?
Q. Where did you feel that wet; upon your hands, or where?
Tabart. It was betwixt my legs?
Q. When was this?
Tabart. This was the first time.
Q. Child, did not you use to be much in his company?
Tabart. No, sir.
Q. Did you discover this affair that night ?
Tabart. No, sir, I went to bed soon.
Q. Did you discover it the next day?
Tabart. Yes, sir, I told the maid I was hurt.
Q. Did you intend to tell your mother-in-law?
Tabart. No, sir, because I was afraid of my mother's beating me.
Q. How was it discovered?
Tabart. By my linen.
Q. What time was this?
Tabart. It was not quite dark.
Q. What time do the company first begin to come to the hall.
Tabart. They generally come when it is dark.
Q. Was there a key in the door?
Tabart. Sir, I did not see any key in the door, nor do I know the door was lock'd.
Q. Has he ever made any attempt since that Night?
Tabart. Yes, sir, it was one Sunday; I believe it was the Sunday was sev'n-night after.
Q. Now child, between that Friday that the first fact was committed, and the next time, had not you found yourself very much out of order?
Tabart. A little, Sir.
Q. Give us an account of the other affair?
Tabart. I went up stairs with a brush into the room where he was.
Q. What room was that?
Q. What time of the day was this?
Tabart. It was about the same time of day the other was.
Q. What did he do then ?
Tabart. Then he lay with me as before, he call'd me to him.
Q. How near him was you when he call'd you?
Tabart. I was not far off.
Q. Was not you as near the door as to him?
Tabart. No, I was nearer him.
Q. Why did not you go down stairs, and not go to him?
Tabart. I did not know what he wanted with me then?
Mrs. Winch. I am the child's mother-in-law. I married her Father, he is dead, and I am married again: she was born in South-Carolina.
Q. How old is she?
Winch. I cannot justly say; I think she was about four months old when she came over.
Q. What time did they come over?
Winch. I am not certain, I think about 1739. I cannot tell what time of the year, nor am I certain of the year; she has been with me these six years; I live in St. George's street at the seven Dials.
Q. Have you been in company with the prosecutor lately?
Toft. No, only I happened to be in court; I knew the child's father, he went abroad with the consent of his parents, and staid some time, and then return'd, and there was a little child brought over, and I believe this to be the child.
Q. How long do you think it is ago since; the child's father came over?
Toft. I believe it is about nine years since; I knew him an infant.
Q. Is there any particular circumstance that you can remember Mr. Tabart's coming over by?
Toft. I remember his coming over very well; I will not pretend to say to two or three months.
Q. Can you remember how long the mother lived after she came over ?
Toft. No, I cannot say.
Mr. Vilnoe. I am a Surgeon, I was sent for to visit this child, her mother being alarm'd at a washerwoman's bringing home some linen that was sent to wash, they supposing it to be uncommon to a child. Upon examination I found the discharge was like the common, general appearance; the same night I examin'd the Prisoner at the Bar, and he acknowledged he had lain with the child, before the constable; and at the Watch-house I examin'd him and found a running upon him.
Q. Did there appear any marks on the thighs that seem'd to prove a force upon the child?
Vilnoe. There was a small laceration and I believe had time to heal up.
Q. Were there any black and blue marks that express'd violence ?
Vilnoe. I observ'd no black or blue marks.
Vilnoe. He own'd two times.
Q. At what distance of time?
Vilnoe. That he did not say, it did not appear to be the same day.
Q. How long after the time was it he was taken up?
Vilnoe. By the child's account I believe about a fortnight after.
Q. From your inspection of the child how old do you take her to be?
Vilnoe. The parts of some children are larger than others; I cannot be positive, but if I may speak from circumstances, I believe she is not ten years old, but I am not certain.
Q. Can you give any evident account of the difference between nine and eleven?
Vilnoe. I really cannot; I observ'd to you before, that some children may have parts as large at nine as some again at eleven or twelve.
William James . I am Constable, the child's father-in-law came to me and desired I would go to his house; I went and there was the Surgeon; presently came the mother-in-law into the room, and she told me the affair in a few minutes after he came down, and presented the prisoner to my charge; the prisoner own'd he did lie with the child two different times: to the best of my knowledge it was about ten or fourteen days between.
Jane Dalton . The prisoner was my brother's servant , whose house I live in. I have miss'd money several times out of my buroe; upon taxing him with it, he confess'd he had taken 16 s. it was four half crowns and six shillings at one time, he produc'd the money, and here is a shilling or two more; he laid it all down and said it was my money; he speak of late a great deal of money more than we knew he could honestly come by.
Mr. Dalton The prisoner was my servant, on Thursday the 8th of Dec. having reason to suspect him of dishonesty, by spending more money than we thought he could honestly come by, upon questioning him, he pretended he received it in a letter; the post-man coming in at the time, I ask'd him if ever he brought my servant any money in a letter; he said he never brought him any such letter. The prisoner confess'd it the next day, and sign'd his own confession before Justice Fielding.
Guilty of the Felony, but acquitted of the Robbery .
Hannah Craggs . George Tennant came to my house, Feb. the 16th last, to speak with my husband, and I told him he would not be at home 'till night; he wanted him to serve in his room, he had got another place he said; he came the next day about 3 o'clock, and I told him my husband was not at home; he said his wife had got some company drinking tea, and said he did not like such women gossipping, so as I was going out, he said he would stay with my child, if I pleas'd; when I was gone to get some candles, and to see a friend that then lay very ill, which in all took me up about an hour, he committed the action.
Q. Was the Prisoner at your house when you came back?
Craggs. Yes, and the child too.
Q. When did the child complain?
Craggs. She told me that he said to her, if she told me he would beat her, and I should whip her to death. I made observation upon her linen about three or four days after, and I could not think what was the meaning of it; I said to several of my neighbours, I could not think what was the matter with my child.
Q. Did you for relief for her apply to any person?
Craggs. I sent for a gentlewoman that is an Apothecary's widow, and had some things of her for the child. I came to find it out by this means on the 1st of March; he serv'd another neighbour's child in the same manner, and that child went and told her mother of it. The woman was telling me what a vile villain he was, and said
Q. When was this?
Q. Did her private parts appear sore?
Craggs. She had no skin all round her body but all as red as scarlet: the gentlewoman kept giving her some stuff, and she grew better by degrees; but she is now weak in her loins, and there is still a running upon her.
Q. How old is she?
Craggs. This was in February; on the 25th of April following she was ten years old.
Q. How come you not to prosecute the prisoner before now?
Craggs. There were warrants issued out for him, but he always made his escape. Mr. Howel, the other child's father, apply'd, for that I had compassion for his wife and child.
Q. Where did the prisoner live then?
Craggs. He lived at that time about twelve doors from my house; he was my next door neighbour about six or seven years.
Q. Did you tell the prisoner of the affair, after your child mentioned it to you?
Craggs. As soon as I heard it I went and accus'd him of it in his own house: I was in a great passion, and call'd him many names, and he had not a word to say in his own defence; he said he had not hurt my child. My husband went to a Justice on the first of March, and his clerk was ill in bed, but he promis'd him on the morrow he would sign him a warrant, but he went to sea in three days after this discovery: he has since been to the West Indies.
Q. Do you know that man?
Q. Pray child tell us what he did to you?
M. Craggs. He heav'd me across a chair, and went and bolted the street and yard door; said I, what are you a going to do? he said, child, lie down, I will not hurt you: he made me lie down, and said if I cry'd out the neighbours would hear, and they would tell my mother and she would whip me to death.
Q. Did you lie down?
M. Craggs. He laid me down.
Q. What else did he do?
M. Craggs. He put somewhat into my private parts that hurt me sadly: said I, you hurt me sadly; O says he, my dear, I don't; I know I don't, says he; says I, indeed Mr. Tennant, you do hurt me; says he, I know I don't.
Q. Did you observe any thing come from him wet?
M. Craggs. Yes, sir.
Q. Well, and what after that?
M. Craggs. After that my mother came home, says he, don't tell your mother; if you do your mother will whip you to death.
Q. When was you first search'd?
M. Craggs. One madam Mears search'd me; my linen discover'd it soon after this, and I was search'd in two or three days after this.
Court. You must speak the truth, here is a man's life at stake ?
M. Craggs. It will do me no good if I was to speak ill of him.
Q. Was there a window in this house that look'd towards the street?
M. Craggs. Yes, sir.
Q. Why did not you cry out, that the neighbours might come to your assistance?
M. Craggs. He said if I cry'd out he would lick me.
Q. Could you think your mother would beat you for going to do so heinous a thing?
M. Craggs. I did not know what to think; I did not know better then, sir.
Q. Can you remember this very particularly, it being so long ago?
M. Craggs. Yes, sir, I can.
Q. Why did not you get up?
M. Craggs. I could not get up, he lay upon me; and when my mother came to the door he got off me.
Q. Had he not unbolted the door till then?
M. Craggs. No, sir.
Q. What did your mother say when he unbolted the door ?
Mrs. Mears. I am a widow to a surgeon and apothecary, the child had a weakness, but I know nothing how it came; the child might be hurt, the private parts were a little sore, and there was a redness upon the parts.
Q. Did you observe the skin?
Mrs. Mears. Really I cannot say.
Q. Did you see her linen?
Mrs. Mears. Yes, there seemed to be something of a bad colour, I gave the child physick, and it did her service.
Q. Did you apply any plaisters?
Mrs. Mears. No, sir.
Prisoner's Defence. I never touched the girl, or moved out of my chair, but sat by the fire till her mother return'd, and I staid about half an hour after she came in: I met her father two or three days after in Wapping, he spoke friendly to me as usual, and about six weeks after I saw the mother going by my hatch; I said to her, how do you do? she said, never the better for such a rogue as you; said I, for what? she said, you have used my child ill, she forc'd herself into my house, and I bid her go about her business, or I should make her.
Capt. Holland to his Character. I have known the prisoner about seven months, I never had any reason to suspect him of being such a person; he has been a voyage with me, and behav'd himself like a sober officer .
Mrs. Hubbard. I have known him about twelve years, and never heard any ill of him 'till this thing came out: when I heard it, it made my hair stand an end.
Q. Do you believe he would be guilty of such a crime as he is here charg'd with?
Mopston. I can say nothing to that.
He was a second time indicted for a rape on the body of Grace Howel , an infant of seven years of age ; but on the account of her tender years the Court judg'd it not proper to admit her evidence; he was acquitted .
Guilty 10 d.
112. Diana Wickets , late of St. George's in the Fields , was indicted for stealing one silk and cotton handkerchief, val. 6 d. one linen handkerchief, value 4 d. two pair of stockings, value 4 d. and other things the goods of Richard Murray , January the 1st.
114. Mary Brown , spinster, was indicted for stealing 3 silver spoons; val. 7 s. 6 d. one copper warming-pan, value 3 s. two pair of stockings, value 1 s. and other things the goods of Winifred Ellis , Dec. 22d .
Guilty of Felony.
115. Mary Sturges , late of London , spinster, was indicted for stealing half a yard of sattin ribbon, value 2 d. halfpenny, two yards of paduasoy ribbon, value 1 s. the goods of Stephen Gelling , Dec. 12 .
Guilty 10 d.
Elizabeth Cooper , Spinster, was indicted for stealing five pounds wt. of tobacco, value 3 s. 6 d. the property of James Wilks , Jan 5 .
Dec. 31 .
Charles Francis . I keep the King's head, little East Cheap ; the prisoner came to my house the 21st of Dec. at about six o'clock, he told me he should have a person come to ask for him by the name of William George ; if such a person should come before he was return'd, he desir'd I would request him to stay, for he should soon return; he came much about the time himself, but no person had call'd. He called for a tankard of beer, paid for it; company being in the fore room, he desired to go into another, near the kitchen, joining the fire place: The boy brought him a tankard of beer, he said the gentleman was mistaken in the sign, where they were to meet. He desir'd the boy to go over the way, to the Bell and ask for one Hambleton; the boy went and came back again, and said, there was no such person there, and observed the prisoner drinking out of a pewter tankard. The boy came to me, and told me what he saw, and that the silver tankard was not in sight; I suppose the prisoner might overhear this. When I went into the room, I found he had his beer in the silver tankard; says I, have not you got a pewter tankard about you? He gave me but a slight answer; at last I found it concealed in an apron tuck'd about his waist. I shewed it to the gentlemen in the house, and observ'd it to be wet; I asked him how he came by it; he told me, he was a pewterer and made it himself. I believe, my lord, he did design to make an exchange with me.
James King . I brought a tankard of beer to the prisoner, according to his order, in a silver tankard, with a King William and Mary's crown piece on the top of the lid; he paid for it, and bid me go over to the Bell tavern, and ask if one Hambleton was there; I returned and told him there was no such person. He said it was very well. He then bid me go to one Mrs. Skedny's, a chandler's shop, and ask for the same man; I went accordingly, but she knew no such person. When I came back, I saw him drinking out of a pewter tankard, and the silver one was not to be seen. I told my master there was a pewter tankard on the table. My master said he had not a pewter tankard in use. I did not go into the room with my master to see what pass'd.
Edward Bowman . I was at Mr. Francis's drinking the 21st of Dec. I had been out and coming in again, I turn'd my eye as I pass'd the door, there I saw the prisoner pouring beer out of one tankard into another.
Prisoner's Defence. I bought the pewter tankard of a woman in the street, she had a basket on her arm, and the tankard hanging on her finger, I was willing to try if it was measure; so before I drank, I pour'd out the beer into my pewter tankard; this gentleman comes and says, friend, I understand you have got a pewter tankard about you. Yes, says I, I have bought one to day; says he, my friend, it looks as though you had a design to make an exchange with me. I am no such man, says I; then the people got up in arms, and went for a constable, that is the whole affair.
Guilty of Felony.
Guilty of Felony.
124. Usher Gahagan , late of London , was indicted for high treason; for that he with certain tools, called files and sheers, and other instruments, did diminish the current coin of Great Britain , Sept. 6 .Clement's Inn fore gate. We lodg'd together about three weeks; there we mustered up as much money as we could, and got Portugal Gold, and began to clip and file them; when we chang'd them Portugal pieces, then we got guineas; those that were not touch'd before, where we could take any off, we clipped and filed.
Q. Did the prisoner at the bar clip or file any pieces of gold?
Coffe. He did, my Lord, both guineas and Portugal pieces; I saw him do it, he worked at the same table I was at. We continued at this place three weeks, or thereabouts; then we remov'd from thence to one Grant's, at the duke of Cumberland's head, in the Butcher Row; we lodged in a two pair of stairs room, and there followed the same business to file and clip guineas and Portugal gold.
Q. Did you see him diminish guineas in this way?
Coffe. I saw him clip and file both there. We continued there between three weeks and a month; during which time, we continued to clip and file guineas and Portugal gold. We remov'd from thence to one Todd's in Hemlock court, Cary-street. We remained there about a month, and all that time we continued filing guineas, and thirty-six shilling pieces. We remov'd after to little Wild-street, to one Mr. Cooper's, and continued there about a month; there we carry'd on the same practice. We remov'd from that place to one Greenhill's, a peruke maker in Bread-street, in the city, we continued there about three weeks, or a month; there we continued filing and clipping guineas and Portugal pieces; we filed there as many guineas as we could get for our use. We came next to Salisbury court, in Fleet-street, to the house of Mr. Woodall; I saw the prisoner there file and clip guineas and Portugal gold; we staid there about fourteen nights. From thence we went to Mrs. Smart's in Dorset court, Fleet-street; there we filed guineas and Portugal gold.
Q. Did you see him file and clip guineas there?
Coffe. Yes, my Lord, I did.
Q. How long did you continue there?
Coffe. From the 1st of July, to the 6th of Sept. Mrs. Smart asked the prisoner, what business he was of? he said a doctor.
Q. What was done in pursuance of that, as a doctor?
Coffe. Nothing at all, he had a few bottles in a cupboard. All I know of, he had a man came once who had the foul disease, and he gave him some receipts to cure it.
Q. Was there no salves prepar'd on Mrs. Smart's fire?
Coffe. We took a crucible and put the clippings and filings of gold into it, then we put in some salt peter to it, then put it into the fire till it was melted.
Q. Did that require much blowing with bellows?
Coffe. Not much with a good and proper fire; but in a kitchen fire it would require much blowing.
Q. What do you know of melting of gold at Mrs. Smart's?
Q. What did you do when it was melted?
Coffe. We put the crucible into water to cool it, and then turned it down, and threw out the lump of gold.
Q. Was the prisoner at the bar concerned in this?
Coffe. Yes, he put the gold into the crucible, and then put the crucible into the fire; I took it out of the fire, and he was standing by, after that we carry'd it to Mr. Scott, the refiner.
Q. Which of you carry'd it there?
Coffe. Mr. Gahagan and I generally went there.
Q. Did you go together?
Coffe. No, my Lord, but he went several times and accounted it to me. We used to have an essay made of it.
Q. What rooms had the prisoner and you at Mrs. Smart's?
Coffe. A parlour and a bed chamber, the bed chamber looked backwards, the other towards Dorset Court.
Q. In which of those rooms did you commonly file the gold?
Coffe. In the bed chamber.
Q. Did Mrs. Smart continue to let you melt in her kitchen?
Coffe. No, she charged us two-pence per week for coals, and upon that we did not melt there any more; then we melted in our parlour. A book was put into his hand.
Q. Look at this book, and see what it is, and whose writing?
Coffe. The first leaf is the prisoner at the bar's writing.
Q. Look at the particular leaves that are marked with red ink; he looked on one leaf, this is my writing, another the same, another the same, anotherTerance Conner 's writing; the book is of the hand writing of three of us; there is something in black pencel: I cannot swear which of us wrote; this book was kept to shew what we changed, these 36 s. pieces for, and how many we changed, there is a place marked Ports?
Q. Explain that.
Coffe. There is 18 guineas and half, moidores three, Ports. 19 l. 16 s. that is eleven 36 pieces. This is a memorandum to see what money we had in our hands. Here is Mr. Scott, July 11, 1748.
l. s. d.
7 17 6.
June 12th, 2 2 0.
That is money receiv'd of Mr. Scott, for melted gold; we put the money we had into a common stock till I was committed, and it happened I had eleven 36 pieces, and he had twenty.
Q. How did you get this gold?
Coffe. We chang'd guineas for 36 pieces with pawnbrokers, we were afraid of doing this at the bank.
Q. How did you manage your window, to prevent being overlooked?
Coffe. We shut up one half of the shutters, and got the window a row above, and a row below blinded with gum'd paper, so we had the middle for light.
Q. Did you take care to secure your door?
Coffe. When we filed we generally did.
Q. Pray what had you per ounce for melted gold?
Coffe. Three pound seventeen shillings and six-pence.
Q. Had not you various pieces?
Coffe. Only one, that was when we was in Bow-lane; in melting, Mr. Gahagan there melted a farthing with the gold filings, &c. and then we had a lower price for it.
Q. How long have you been in England?
Coffe. Betwixt six and seven years; I have been acquainted with the prisoner in Ireland, ever since I was a boy.
Q. Who came to England first?
Coffe. I was two or three years before I saw him here; my last acquaintance has been but four years, but have not been concerned in clipping and filing gold, till within this twelve month.
Q. Did you advise him, or he you?
Coffe. He was very willing to come into it, when he found the profit arising from it; I first propos'd this trade to him.
Q. Was there any windows at this last mention'd place that overlooked you?
Coffe. Yes, for that reason we blinded part of our windows; but yet I believe it was possible to overlook us.
Q. Was Mr. Fretwell with you?
Coffe. He was acquainted with the prisoner and I both; my first acquaintance with him was at the Bank.
Q. Have not you within this four or five months made solemn declarations that you knew nothing of this matter?
Coffe. When I was taken and brought before the Lord Mayor I said so; I think every person on such occasions will make the greatest denial as is possible, this was after I was taken; I did not make any discovery before.
Prisoner. On what occasion did you come to lodge with me, in Cary-street?
Coffe. I had made my escape from the bailiff, &c.
Prisoner. Did not you take water every day to go to Bow-lane?
Coffe. No, not every day.
Prisoner. What was your business to Mrs. Rutherford ?
Coffe. I will not tell you.
Prisoner. Did not you file Portugal pieces there?
Coffe. Yes I did, and you too.
Prisoner. Did not you say to Mr. Fretwell, don't on any account let Gahagan know of this business?
Coffe. Yes I did, and that was by your own order.
Prisoner. Do you know one Mr. Darling a silversmith?
Coffe. Yes I do.
Prisoner. Did not you go by the name of Foster to that man?
Coffe. I did tell him that was my name.
Prisoner. Did not you write a note to Mr. Scott, and figmit, J. Foster ?
Coffe. Yes I did, and for this reason, I saw people's names in his book as it lay on the counter, and I did not care people should see my name in the book, and to find me out.
Mr. Fretwell. I am a teller at the Bank of England.
Fretwell. Yes, he made application to me about the latter end of July, for thirty-six shilling pieces, and brought me guineas and silver in exchange.
Q. Relate the particulars?
Fretwell. After he had made application to me
Q. Did Coffe open himself farther to you?
Fretwell. He told me he should be glad to be acquainted with me, and if I would take a ride out on sunday morning, he would find me a horse; I thank'd him, and seemed to acquiesce &c. that I might be the better able to make a discovery, but did not ride out with him; then he apply'd another time for our meeting, and it was a day or two after at the Crown tavern behind the Change. The same evening we met at the Cross-keys, and from thence we went to the Crown tavern; we there drank some tent wine, and there he said to me, you gentleman do not chuse trouble, for meerly a glass of wine, it will be more acceptable to have a small present; and if you will supply me with such thirty-six shilling pieces as suit my commission, I will assure you ten pounds a year, but he thought to make it fifteen. I thanked him, and seemed to acquiesce; the next morning I discover'd the whole affair to the proper person at the Bank, who allow'd me to acquiesce in every thing, in order to come at a discovery; then I had directions to let him have whatever he came for; he or the prisoner would come every day, and sometimes oftner. The prisoner at the b ar came generally after Mr. Coffe, sometimes a little before; one would ask me if I had seen the other; I have delivered 36 s. pieces, and 3 l. 12 s. such they commonly asked for, to each of them; then after this, Mr. Coffe and I took a walk together round by London-spaw; and as we came over Clarkenwell-green, I said to Mr. Coffe, I suppose those persons must file them, &c. Says Coffe, what is that to me, provided I have my commission; says I, they must get a good deal of money; he asked me where I would spend the evening; I reply'd at the Crown tavern near Cripplegate; when we came there, he asked for French wine, and ordered a waiter to bring in a pen, ink and paper. Now, says he, about what you and I were talking coming over Clarkenwell-green; he there calculated how much might be got, if they reduced them to nine penny weight; provided a man did but one hundred a day, it would amount to 968 l. odd shillings per year; he added, it was a charming thing, a man, said he, could get an estate in a hurry, provided he could get it done privately; but says he, I should be very cautious how I enter into such a state, I am as eager of gain as any body. I sat still seemingly to smile at him, fearing to give him room to think I designed to make a discovery. I ask'd him how many a man could file in a day, says he, I don't know, no more than the man in the moon. Says he, did you ever see jewellers file rings? they have, says he, a leather to catch their filings, &c. then they put the filings into a crucible, and melt it in a solid lump, then carry it to a goldsmith, and they will buy it; he began to be more free, and told me he thought a man could do two hundred in a day; says I, I have nothing against that proposal, could you get a man to do it? yes, says he, I know a man that is under obligations to me, who would be glad of it; when will you set about it, said I? in about a week's time, said he, as soon as I can get conveniences for a man. After this he came to me, likewise the prisoner, but not together. I inspected into the money. I receiv'd of each of them, and amongst the money I took of the prisoner, I found a guinea appeared to be fresh filed; I shewed it to our gentlemen, and they ordered me to take care of it.
Q. How much does it want of the true weight?
Fretwell. About eight grains, value 16 pence.
Q. How many times might Coffe come to you before you saw the prisoner?
Fretwell. The first time I drank a glass of wine with Coffe, the prisoner was there.
Q. Whether after you had been at the tavern, the prisoner was not ordered to withdraw?
Fretwell. No, not one moment.
Q. Was the prisoner at the Crown tavern with you?
Q. Was the prisoner with you on Clarkenwell-green ?
Fretwell. Yes sometimes.
Mrs. Smart. I know the prisoner at the bar, he came to lodge with me the first of July; I live in Dorset-court, in Salisbury-court; he and Coffe continued there till Coffe was taken up. The prisoner pretended to be a physician, but we took them both at first to be lawyers clarks.
Q. Did any body apply to the prisoner as a Physician?
Smart. I don't know that any body did; on the 9th of July, he said he wanted to melt some salve for a person's fore leg, and asked if we had a fire below in the kitchen; he brought down a thing I cannot swear what; he put it into the fire and cover'd it with coals; then they blowed to it, and made it red hot. Then they quench'd it in water, and they ask'd me for a hammer to break it; I having a pestle lent them that, then they carry'd it up stairs into their own apartment and broke it there. I said I hoped this will not be done often, the prisoner said the fore leg might be well in about a fortnight or three weeks time; they did not make use of my kitchen fire after this. I could hear them in their room a blowing very hard with bellows, but they always fastened their door. I have also heard a small noise, I took it to be like washing in a bason; I have since supposed it might be filing.
Q. Where do you live?
Smart. In Dorset-court Salisbury-court, Coffe and the prisoner lodged together with me; when the door was fastened, they were all three together, the other person was named Conner; they were all three in my kitchen when they melted at my fire, what they call'd salve.
Q. How do the windows of the two rooms look which they had?
Smart. The parlour looks into the court, and the bed chamber looks to the back of Bridewell.
Q. What windows overlook theirs?
Smart. There is Mr. Philips's warehouse, and Mr. Dell's, so that out of each warehouse with a clear light a person may see into the prisoner's room.
Q. Which room did they make a fire in?
Smart. The parlour that looks into the court.
Q. In which room did you hear that noise like washing?
Smart. In the bed chamber, that looks towards Mr. Dell's warehouse.
Q. Do you know any thing of blinding those windows?
Smart. I did it at the prisoner's request; there was an inside shutter; he said he might want to put on a clean shirt; says I, there is an inside shutter, the window is three squares of glass each way. I blinded the bottom row, some of them blinded the upper row.
Q. Do you think it was possible after this, for a person in Mr. Dell's warehouse, to see into this room?
Smart. Yes, sir, I suppose he might
Q. What persons frequented their company while they lodged there with you?
Smart. The chief persons were one Daff, and one Mr. Conner, and rarely any body else
Q. Who were the three persons chiefly together?
Smart. Mr. Gahagan, Mr. Coffe, and Mr. Conner.
Q. Who came to take the lodgings of you?
Smart. Mr. Gahagan and Mr. Coffe.
Q. Had that stuff that was on the fire a nauseous smell or not?
Smart. No, sir.
Q. Did you before my Lord Mayor say any thing of a pot a melting? &c.
Smart. No, I believe not, I am not certain.
Q. Had not you something in a physical way of the prisoner?
Smart. I told him once I was not very well, and he asked me if I would have some of Stoughton's drops in a glass of water.
Q. How do you know they always fasten'd their door?
Spark. I have often heard them fasten it, but I never tried to open it; and I never went into the room but when they call'd me.
Q. How far is it from Mr. Dell's warehouse to their window?
Smart. Not above five yards, I believe Mr. Dell's warehouse window is higher than theirs.
Q. Did not two men go yesterday to take the dimensions of the window, and you refused to let them?
Smart. My sister saw them, they told her who they came from; she said they had had trouble enough about the prisoners. I don't know they asked to go into the yard.
William Dell , I am a gold and silver lace-maker. I have windows directly over against Mrs. Smart's house, and in the beginning of August last, I saw the prisoner at the bar and two other men; I thought they had been jewellers for some time; I used to say frequently in the coffee-house, there was a
Q. How far is it from your warehouse to their window?
Dell. I believe it is about 14 foot.
Q. What time of the day did you make this observation?
Dell. Sometimes at eleven, twelve, or two. I saw the filings at last, and saw them wrap them up carefully; one of them used to sit side ways to me, which I believe to be the prisoner at the bar.
Q. How came it, you did not give information before?
Dell. I spoke of them to several gentlemen at the coffee house and places where I went, and some of my customers I took up to see them at work; and a gentleman to whom I had told it, happened to be at the Bank the time one of them was taken: Says he, this is the very man my neighbour was speaking of, and came directly to me, &c.
Q. If you had met the Prisoner at the Change, should you have known him?
Dell. Yes, sir, although I never was in his company, I have seen him often, and I knew him when in prison, without being told; I told the person that was with me, they need not shew me any farther, for I had seen one of these men.
Q. Did you know Coffe before?
Dell. I saw him many times before in the yard, and knew him well.
Prisoner. Did you see us round a table in the room?
Dell. There generally lay three sheets of white paper on the table, and three men sitting over them working.
Q. To Mrs. Smart. How far is it from the window to the bed?
Smart. Just room to go by, but the bed turn'd up and they had frequently a table by the window.
John Sandal . I am employ'd as porter of the mint; I happen'd to be one day at Mr. Scott's the refiner, and observed him to have several small pieces of gold like a button that had been melted down in a crucible; I suspected some unlawful proceedings in those who brought it there to sell. He upon my declaring my suspicion gave me leave to attend there, which I did several times. There came Mr. Coffe and Mr. Gahagan the prisoner, and sold gold, and I said before him to Mr. Scott, there is a great deal of gold coin fil'd; we are in great hopes of coming up with those money filers. Another time being there, the prisoner came to sell some more gold; I repeated much the same; after he was gone, I said to Mr. Scott that as he heard there were means using to detect such persons, and he coming again, it seemed to imply to me he was not one of the sort; I saw no more of him till Mr. Coffe was taken, which was the 6th of Sept. Hearing Coffe was taken; I took a constable and went to Mrs. Foster's house in Bow-lane. Upon coming there, they told me there was no such woman in the house; I said I must see all the lodgers in the house, and in a one pair of stairs room, I saw Mrs. Foster, who, when I came to take hold of her, said, her name was Margaret Rutherford : I took her up, when I had her in custody, she let me know where Mr. Coffe lodged; upon which I went to Mrs. Smart's house in Salisbury-court, there I was informed that Mr. Coffe and the prisoner had staid in the house about an hour after the other was taken, and had carryed away all that I expected to have seen. I did find two days after in their apartment a bit of a file with the filings of gold in the teeth of it, and a bit of gold clipping from off some gold coin; it appears to me to be a bit of a guinea; in their chimney there were many bits of broken crucibles of the small sort and some filings of gold. On the 29th of October, Mr. Cook the solicitor of the Mint sent me word, there had been a person with him to give him notice where Mr. Gahagan was secreted: On the next day, I and three other persons went to a place call'd Chalk Farm under Primrose hill; I went into the house, and saw the prisoner and Conner sitting by the fire; I took
Q. What do you know of this book?
Sandal. This very book I took out of Conner's pocket; he went then for the prisoner's servant; he desired it again, saying there was in it some memorandums of the linen sent to the washerwoman, &c. but by looking I found it might be of use here, so I took it into my possession, and Mr. Scot's apprentice can speak particularly to some of the contents of it.
Q. When did you search him?
Sandal. Immediately in the kitchen.
Q. Pray may not the honestest man in the world have two or three guineas in such a quantity under weight?
Sandal. I do not think it impossible.
Q. Did the prisoner make any confession?
Sandal. No, sir, he said that Mr. Coffe had made the Cat's paw of him; that is all he said.
Robert Hurt . I had an acquaintance that was sick at a place call'd Chalk Farm, and going to see him there, I observ'd the prisoner's clothes and person seemed to answer the advertisement; I went divers times to be better certified. I borrow'd a gun of the man of the house and carry'd powder and shot with me under a pretence to shoot sparrows; and when I was satisfied the prisoner was the person advertised, I gave intelligence to Mr. Cook accordingly; then Mr. Sandal, I, and Mr. Destine, and a Constable went and took the Prisoner and Conner sitting by the fire, at the place called the Chalk Farm.
Q. What have you to say concerning the prisoner at the bar?
Destine. I have seen him I believe twenty times at our shop. The first time was about May or June last.
Q. How long did he continue to come there?
Destine. I cannot exactly tell; he and Coffe us'd to come together; I have bought gold of them, sometimes an ounce, sometimes more.
Q. In what shape was the gold?
Destine. It was set in the pot, not cast off: we us'd generally to weigh it and give them a note of it, and some money in part, and they left it 'till such time as a report was made of it, when we have the essay of it, then we settle the account and give them the money due to them.
Q. Did you ever see the prisoner receive any money for such gold as he brought?
Destine. Yes, my lord.
Q. Do you know any thing concerning the account of the gold that was brought to your master which the prisoners were paid for?
Destine. I saw some account which exactly tallies with our book. [The book is put into his hand.] This is it, sir, and the articles, mark'd with red ink, agree with our book.
Q. to Coffe. Look into this book for the prisoner's hand writing. [He looks at a leaf.] This is the prisoner's writing. [It was shew'd to Mr. Destine.]
Destine. This agrees with our book, I compar'd it with it; there are three more places agree with our book, that is, four articles in the whole are the prisoner's hand-writing, and I am well acquainted with the several payments by my master for this gold. The four articles are these:
l. s. d.
Scot. July 26 8 6 7
27 3 8 0
Aug. 1 3 9 0
2 3 13 6
Prisoner to Destine. Do you always give 3 l. 17 s. 6 d. per ounce for gold?
Destine. Yes, for all that was reported standard by the essay.
Prisoner. Do you not remember you in one payment gave me Portugal gold?
Prisoner. Do you remember you gave me one too light, and I could not pass it?
Destine. I do not remember it.
Q. Who was in company with him?
Prettie. He came by himself often; sometimes Coffe and he came together; the prisoner told me if they were full weight he would give me two-pence or three-pence per piece,
Prettie. Yes, and have return'd them to him again, some have wanted 16 grains.
Prisoner's Defence. When Coffe came first to me he pull'd out a lump of gold; says I, how do you come by it, it is like a button? says he, I got it of one Foster a goldsmith in the country, adding he had sold a great quantity for him; in about 7 or eight days after, he produc'd another of the same kind, and said it was worth 7 l. says he, as you have some business at the Admiralty, and I am under a cloud, if you will take Love-lane in your way, there you will find one Mr. Scott a refiner; accordingly he wrap'd it up, and I call'd in his name with it to sell; I was answer'd his name was Foster: said I, it is not, it is Coffe: this was the first way I was brought in, he came eight or ten times to desire me to do this for him; at last he was retaken, for he had run away from the Bailiffs before, so I ceas'd going to Scott's: this is what I meant by telling Mr. Sandal he made a cat's paw of me; on this we chang'd lodgings, because he would not be found out. When we were in Bread-street he said to me, was you ever at the Bank of England? do you know the nature of it? it is worth your curiosity to go. As he fear'd trouble I comply'd: he gave me 18 l. some gold and some silver to go to one Mr. Fretwell, which I did, and I told him I came from Mr. Coffe; I not knowing the hours, came there too late; I return'd and told him, and after I was well inform'd as to that, he said I must go there for him pretty often until he could make it up with his creditor; and, says he, as you go that way, you may give him a guinea, and it may be, he will be kept off in that manner. Thus he made use of me to go 5 or 6 times for him to the Bank; I gave him in the whole 5 guineas: I believe the gentleman always made an entry of it; and when I found he was released from the distress he lay under from Mr. Burt, I went no more: As to my manner of living, when I came first here, I liv'd with Mr. Ansel in Gray's-inn, and acted there as a clerk; then I undertook to translate Mr. Pope's Essay on Man into Latin; this I did by direction, and I frequently got money thus for a twelvemonth. To account for my absconding. I was coming through Paul's church-yard and met one Clayton, who told me Coffe was in Newgate; and, says he, as you are a lodger, perhaps there may be a watching for you; and you will, says he, be put to a great deal of expence, if they should take you into custody; upon this I withdrew a night or two from my lodgings; and when I found they were broke open, then I absconded, and in three week's time I found my name in the Gazette. Now, as to my witnesses, if your Lordship pleases, I'll call them.
Bernard Hanley. I heard Mr. Coffe say in the presence of Mr. Dalton, and another that is lying ill and cannot come to give evidence, that he would undergo a thousand deaths rather than subject any innocent blood to be spilt on this occasion; he took a book out of his pocket and swore upon it, that he never intended to turn king's evidence in prejudice of either of those, declaring the prisoner innocent; and he added, as he did expect to be at his liberty he would follow the same practice as before: this was in Newgate before the others were removed from New Prison; they were then in Clerkenwell; I am an Irishman, and have been in England about three years?
Faulkner Marple. I believe I have known Coffe twelve or fourteen years, and he was always a man of an indifferent character.
Robert Wright . About two years and a half ago a friend of mine recommended the prisoner to be clerk to me, he was with me about six months, he received money for me, and during that time he behaved honestly; but he was not fit for my business, poetry was his chief taste; he left me two years ago.
Guilty Death .
Guilty 10 d .
Guilty 10 d.
Guilty 10 d.
Richard Riley , Acquitted .
129. Mary Bennet , wife of John Bennet , was indicted for stealing one pair of shears val. 3 d. the goods of Abraham Mercer , two ounces and a half of silk, value 4 s. 6 d. the goods of William West .
For want of room in the Paper I shall refer the Reader to the Witnesses in Gahagan's Trial, with the little additions here respecting the Prisoner.
Coffe depos'd he saw him at Mrs. Smart's with his own hands file and lighten guineas, and that himself and Gahagan taught him bow to do it; and although he did not lodge in their apartment, yet he came every day, except one he was not well, and he was lock'd up in their room, and did work with them in lightening guineas and other money; that his chief Instruments were a knife and an engraven that at melting, what Mrs. Smart call'd Salve in her kitchen, Conner and himself did blow the fire, and when he went abroad to change the money away, they used to allow him for his expence, and also to buy him cloaths and pay his rent; but Gahagan and himself were Partners in the profit, and allowed the prisoner at discretion, and that Duff was never at their lodgings in Mrs. Smart's house; but Hannah Smart , the next witness, contradicts that, and says that Duff was several times there; the rest as in the other trial.
Mr. Fretwell depos'd, that the prisoner apply'd to him two or three times for Portugal pieces and brought silver in exchange; after that he refus'd serving him; then the prisoner apply'd to Mr. Welch, and his suspicion arose from seeing him and Gahagan walking together near Stock's market.
William Welch . I am a teller at the Bank of England; Mr. Fretwell once refus'd changing the prisoner's silver, and he apply'd to me and I serv'd him several times; he generally came for seven or eight Portugal pieces, and in exchange brought silver; he us'd to take particular notice of the 36 s. pieces, and gave me several back, which gave me a suspicion; he has ask'd me several times to go to the tavern; I apply'd to our principal officer, and he advis'd me to go with him to see if I could make any thing of him; I went twice, I told him he put them to a bad use; but his answer was, he sent them over to Ireland to his brother, and sold them for forty shillings a piece; I told him it was very unlikely to send six or seven at a time: after I had tax'd him about filing them, said he, if I knew the art I would not be honester than they that did; but after that he came no more.
Mr. Dell depos'd he saw three persons sitting at a table at work in filing and the like, as before, but could not swear to the Prisoner's face, but said the third person was a tall man (as the prisoner was ) but being tall as he sat, the upper part of the window being blinded, with the place where he sat he could not come at a sight of his face, although he had tried hard so to do.
William Destine . I do not remember seeing the prisoner at my master's shop above once, and as near as I can recollect, about July, he brought rather more than an ounce of gold to sell, it was set in the pot, I weigh'd it, and paid him some of the money, as usual, and gave him the bill in our trade, 'till such time as an essay was made; we judg'd it to belong to Mr. Gahagan, as they generally call'd in a day or two; and to the best of my knowledge, Mr. Gahagan came with the note, and I paid him the remainder of the money. [The book was put into his hand.]
Q. What do you know of this book?
Destine. Here are eight articles mark'd with red ink I can swear to, as answering my master's book.
l. s. d.
Scott, 1748, July 14 - 6 6 0
the 17 - 6 18 0
the 21 - 8 18 6
the 26 - 8 6 7
the 27 - 3 8 0
Aug. the 1st. - 3 9 0
the 2d. - 3 13 6
Prisoner's Defence. Mr. Gahagan desired I would dispose of his translation of Mr. Pope's Essays on Man, and I went to several noblemen who were very generous to me for them; I have from several brought Mr. Gahagan a guinea, or a guinea and a half; I was allow'd to drink a pint of beer and other expences, that I might attend it, which may be a sufficient reason for my having money about me sometimes; and when I went to the
Welch to the Q. No, sir, it was not.
Prisoner continues. Mrs. Smart said she saw me blowing the fire; Mr. Coffe call'd me into the kitchen, and said, for God's sake blow the fire, for I am quite in a flame: I took the bellows and blow'd some time: as for the book, he took it out of my pocket; it was in my hands but sometimes; I had it to take an account of the washerwoman's work; it never was in my hands but on such occasions, and what they had wrote in the book I do not know.
Guilty Death .
132. Thomas Higham , late of St. Mary-le-bone , was indicted for breaking the dwelling-house of Lancelot Burton , and stealing out thence one feather bed, value 15 s. two blankets, value 2 s. and other things his property , Decemb. 21 .
Guilty of Felony.
135, 136. John Nicholas and Edward Hammond , late of St. Mary-le-bone , were indicted for entering the dwelling-house of Robert Russel , and stealing out thence two pewter dishes, value 5 s. six plates, value 3 s. one pewter cullinder, value 6 d. one gallon pot, value 2 s. two quart pots, value 1 s. and other things his property . Both guilty of Felony only .
Guilty Death .
Guilty 10 d.
139. Ann Palmer , late of St. Andrew, Holborn , was indicted for stealing one linen shift, value 1 s. one white apron, value 1 s. two pair of stockings, value 1 s. and other things the goods of Sarah Margets .
Guilty 10 d.
141. Hannah Wilmot , late of London , spinster, was indicted for stealing one man's hat, value 10 s. one linen shirt, value 6 s. the goods of George Wilmot , one pair of stays, val. 4 d. one pair of shoes, value 1 s. one handkerchief, value 6 d. one cap, value 3 d. one linen shift, value 2 s. the goods of William Dennis .
Guilty 10 d.
Both Guilty 39 s.
147. Matth.ias Jargon , was indicted for stealing one hat, value 4 s. one Peruke, value 5 s. one pair of worsted stockings, value 1 s. two linen shirts, value 5 s. one pair of cloth breeches, value 2 s. the goods of Hans Johnson .
Guilty 10 d.
Lucy Gardner , was indicted for stealing two brass candlesticks, value 5 s. three sheets, value 10 s. two camblet curtains, value 1 s. and other things the goods of Mary Mason , Dec. 3 .
152, 153. Mary Shocknethy , and Jer Shocknethy were indicted, the first for stealing two gold rings and seven shillings and sixpence in money , the goods of John Anson ; and the latter for receiving them, knowing them to be stolen .
Both Acquitted .
154. Thomas Griffice , late of London , was indicted for breaking the dwelling-house of Joseph Taper , and stealing one cloth coat, value fifty shillings, one guinea, and twenty one shillings in money, the property of Richard Heavly , Jan. the 1st .
Guilty of Felony 39 s. but acquitted of the Burglary .
Ann Welch . I keep the Bull and Butcher Inn in Smithfield: it is usual to receive money of Salesmen and pay it according to directions; some weeks I receive a thousand pounds and upwards: I have known the prisoner ever since the hard frost; he has been employed in taking and paying money in my house ever since that time; our chief days are Mondays and Fridays, he continued in this business until the 22d day of Sept. last.
Q. What sort of a table was that the prisoner us'd to sit at to receive money?
Welch. It was in the fore room looking into the Sheep-penns, Smithfield; there was a drawer under it, and he us'd to pull the drawer a little out, and there he would turn his back to the people in the house, and had a piece of wood to bar himself in. Thus he'd be filing the edges of gold coin: he us'd to bring pieces of tortoise-shell and cases for spy-glasses, for a blind I suppose, for I never saw him at work on them.
Q. Do you know one Mr. Davis?
Welch. Yes, upon a mistake of the prisoner, Davis paid money about three quarters of a year, till the time my house was search'd.
Q. Do you remember any thing about going into their room where they were together?
Welch. Yes, very well; they were there filing Portugal money and guineas, I then saw the prisoner filing a guinea; before he fil'd them he put them into a liquid. The prisoner us'd to come every Tuesday and Friday, and he and Davis us'd to be in this room together filing guineas and Portugal gold. When I went into the room, there lay a great deal of gold filings on a sheet of writing paper in a chair, and a heap of gold coin by them; Davis and I had many words about it, and he us'd me ill upon it.
Q. Why did you not discover this thing before?
Welch. I was under some obligations to Davis, which was the reason I did not do it; and when I told them I would not keep such a secret, Davis us'd me very ill. I have a little room facing my kitchen, and one night about eleven o'clock they had got a great fire of charcoal, they took a little thing out of the fire and put it into water; the prisoner said, do you know what this is? says I, it looks like a flint-stone; says he, would you grudge to give me seven or 8 pounds for it? Davis said you fool, this is the gold dust that is melted; the prisoner heard him say it, and did not contradict it; when the pot was cold it look'd rough, like a whetstone in three corners; he us'd to put something in it before he melted it like allum. [ A crucible is shew'd to her.]
Welch. It was such a thing, but I did not remember the name.
Q. Did you ever hear any complaint of money being too light that was paid by the Prisoner or Davis?
Welch. Yes, often, and the Prisoner has been obliged to take it again; the day before Bartholomew fair Davis bought a buroe, and set it in my room; in the bottom I put linen, but the upper drawer I never saw open, until it was broke open by Mr. Sandal, Sept the 22d. then I saw taken out a great deal of gold dust and tools; Davis always kept the key of this drawer, but I never saw Mapham in that room in my life. At first when he began with the guineas, he put them in liquid in this glass [ holding a Venice glass in her hand.] I once found it full of guineas in the corner of my room, Davis came up stairs, and I had got it in my hand; he fell a swearing, and said if I touch'd the liquid it would eat my finger's ends off; says he, Mr. Mapham put them guineas in that liquor to eat
Q. Did you never assist them in filing or melting?
Welch. No, never in my life.
Q. Do you know that Mapham is an inlayer in tortoise-shell ?
Welch. Yes, I know he is by trade.
Q. Did he never do such work at your house?
Welch. There was one Mr. Wilson has brought him such work, but I never knew him to do any thing that way at my house.
Q. Have you any promise of life or reward for giving this your evidence now in court?
Welch. No, sir, I have not.
Q. Have you ever seen or heard from Davis since he went off?
Welch. I have not seen him; I receiv'd a letter from him, and that I have shewn publickly. They have carry'd on this trade for a year and nine months.
Joseph Cleaver . I keep an inn in Smithfield, and have a person, whose name is Joshua Rhodes , receives money for me at Mrs. Welch's house, and he has received bad guineas and Portugal gold, I have them here, and they appear to me to be new-fil'd.
Joshua Rhodes . These are pieces that I took of Mr. Davis, which I took in Mrs. Welch's house, for Mr. Cleaver, in the condition they are now in: I received them at two different times; the first about the beginning of Sept. the last the 19th of the same month; they appear to be new filed. Here is four 36 s. pieces, one 27 s. piece and seven guineas.
l. s. d.
Two 36 s. pieces, wanted 0 7 0
One ditto, 0 2 2
One ditto, 0 3 1
One moidore, 0 2 7
One guinea, 0 1 6
One ditto, 0 2 3
One ditto, 0 1 11
One ditto, 0 1 10
One ditto, 0 1 7
One ditto, 0 1 6
One ditto, 0 2 5
At another time I receiv'd of him one 3 l. 12 s. piece, which wanted 5 s. and appeared to be newly filed.
Q. Was Mapham by when this money was received by you?
Rhodes. No, sir, he was not.
Q. to Mr. Cleaver. You sent Mr. Rhodes to receive this money at Mrs. Welch's, when was it?
Cleaver. I believe it was in September. I receive and pay away a great deal of money for butchers and salesmen.
Q. How came you to have a demand upon Mrs. Welch?
Cleaver. There are butchers that use her house, and leave their money there; they deal with salesmen that use my house; we pay them, and then we go when market is over and collect it.
James Batson . I am a refiner; I have bought gold of the prisoner several times. Here is some of a lump I bought of him Sept. the 21st, he had eight guineas upon it; it is worse than standard, it is worth about 3 l. 15 s. 3 d. per ounce. I have bought of him above twenty times; it was always in this shape, which is the usual shape small quantities are melted in; it is 3 ounces, 7 peny-weight, three grains.
Q. Do not many people bring melted gold in small quantities to sell to you?
Batson. Yes, sir.
Q. Don't others in the gold way bring their gold to you to be essay'd?
Batson. Yes, sir.
Q. Is it usual for persons to sell gold who work in tortoise-shell ?
Batson. No, I should think rather they should buy.
Batson. Davis came with him two or three times.
Edward Aldridge . I am a working silver-smith, I essay gold and buy it; the prisoner has brought me gold to sell ten years ago, and some little trifles to be melted down into a small ingot, and drawn out to work up in his inlaying.
John Sandal . I am porter in the mint, it was the other affair brought out this; after I had had suspicion of such practices, and had watched about for a discovery, I had directions from Mr. Pelham to spare no pains to come at the knowledge of such practitioners: and on Monday the tenth of September, or thereabouts, I had been at Chelsea, and coming home in order to meet the Solicitor of the Mint, at the Crown-tavern on Ludgate-hill, there Mr. Solicitor was present; he named something of a suspicion of filing money at the Bull and Butcher in Smithfield: On that we had a consultation, and as Monday was market day, and Tuesday, Wednesday, and Thursday, I could not attend, we thought Thursday the most likely day to find them at work, being the day before market day. So on Thursday the twenty-second of September, I went to Mr. Cleaver's house, and ask'd for Mr. Rhodes, in order to go to Mrs. Welch's house, but was greatly perplexed to get a constable: I saw Davis standing at the door, but before the constable was prepared to go with us, Davis was gone to market to buy some dinner; I staid there and asked for him, but he did not come back. Mr. Mapham the prisoner stood in the kitchen, Mrs. Welch was up stairs, she came down, I was told that was the Mrs. of the house, she went backward, the prisoner followed her; it was repeated a second time; I went backward and found them talking together; says I to him, do not you speak to Mrs. Welch any more till I find Mr. Davis comes in; I waited a little longer and found Mrs. Welch was gone out of the house. When she returned she went up stairs and down and I after her; then Mapham took an opportunity to get away. As Davis did not return, I set to searching the house, we went into her bed chamber, there was a chest of drawers, I had them all open'd, but to the head of the Buroe there was no key; so I sent for a smith and had it broke open, and these things were found there, viz, seven files, most of them look'd to have their teeth full of gold, one wooden tool with divers slits in it, so as to receive into the slit either a guinea, three pound twelve, or thirty-six shilling pieces supposed to hold the coin, while the edge is milling, &c. Such another was found in their room above, and a proper place on the table to hold this wood fast while they work'd with a file on the edge of the Coin; there was one hundred pounds and upwards in money. I took down the particulars before Mrs. Welch. Among the Portugal money some was wanting.
s. d. Moidores some wanted.
2 10 - s. d.
2 2 - 1 10
2 6 - 1 0
2 6 - 1 10
3 4 - 1 6
2 8 - 2 4
2 10 - 1 8
2 4 - 1 10
3 4 - 2 2
There were 32 36 s. pieces, 16 27 pieces, 27 guineas, 1 18 s. piece, and one quarter of a 27 s. Among the 27 guineas there was but one that was wanting in the weight, and that wanted but six grains, value one shilling.
Among the 36 s. pieces there were several of them the full weight, these I suppose were got together to be worked upon; also in the buroe I found a tin box with filings of gold in it: I have made an essay on it, it proves to be one quarter of a grain less then the standard; it is as near the standard of guineas as possible. Mrs. Welch was taken before Sir John Barnard , who was then sitting at Guild Hall; she was ordered to be committed on suspicion, and two days after I went to this house to make farther search. I observed the money table in the fore room, and in the drawer at the farther end of it, there was dust of gold to be seen; this table is guarded by boards from the other end of the room, and made convenient for such a private use: I found the main work-shop up two pair of stairs, there was a stove and a square table with a piece of wood to fasten down the wooden tool as mentioned before. There I saw particles of gold but so small, that to take them up would be of little use; there was also an old rotten wooden cupboard with a fine lock to it as need be put to any buroe whatsoever. I found charcoal had been put in it, and I could easily perceive filings of gold by the light of the candle.
On the 19th of November, a person came to Mr. Cook's chamber, his name is Andrew Hutchins , and gave in an information where the prisoner was to be found, and that he went by the name of Johnson: I agreed to go with him, so I took Mr. Rhodes along with me, and we found
Q. When you went to Mrs. Welch's, did not you ask her how these filings came there?
Sandal. No, I did not, nor do I know she told me or not, it was sufficient for me to see the things in the house.
Q. Did not the prisoner deny he was guilty of diminishing the coin?
Sandal. I never asked him, he might say he was not guilty for ought I know.
Andrew Hutchins . I know the prisoner: he was my neighbour a little time; I saw a description of him in the paper, and I was apprehensive he was the man, although he went by the name of Johnson: The morning of the day he was taken up, I found a bit of dirty paper not far from the door where he lived, which gave me great suspition: I used to hear a large blowing of a fire in the garret where he lodged. Upon this I gave information to Mr. Cook the Solicitor of the Mint, and was at the taking of him.
As the prisoner was obliged to sit all the time of his trial (being very ill). His defence was opened by his counsel.
He hopes that notwithstanding the evidence that has been given to your Lordship, and the Jury, that he shall prove his innocence, abstracted from the evidence of this woman, whose character does not appear altogether clear, &c. My lord, in answer to the first position that is laid down by the gentleman, he says, as to the files that he was an inlayer by trade, that is prov'd by their own evidence, and he worked at this business near Old-street; that he carried on the business of laying gold in Tortoise-shell boxes. And at other times he has been employed as a book-keeper in receiving money of country graziers, and that only on Mondays and Fridays, the market days, upon which the graziers and butchers used to resort to Smithfield; that as an argument he has not been guilty or accessory to this crime, he is in the meanest circumstances imaginable, that he is so far from having any advantage rising from the diminishing this coin, that he was in the utmost distress, and that he ow'd his landlord two years rent, although but eight pounds a year, which he hopes, will be one inducement to your Lordship, and the Jury to think he is not guilty. He says that in regard to his going away, it was not through consciousness of his guilt, but his being apprehensive of his landlord arresting him; and if we can give an account that this man was under these circumstances, we hope that will be some reason for his changing his name; as for those instruments found upon him, we can easily account for. Mrs. Welch, though evidence against him, says he was employed by one Mr. Wilson, who brought him work to do in the inlaying way; and if those things were found in Mrs. Welch's bed chamber, then Mr. Davis must be the person and not he: It is not pretended that ever he went into that room. I should be very unwilling to trouble your Lordship, the only instance they can bring, is Mr. Rhodes's receiving money, and that was of Mr. Davis, and not the prisoner at the bar. The circumstances of the man, and the character that shall be given him, put together, we hope your Lordship and the Jury will take into consideration.
Edward Compton . The prisoner at the bar has lived in a house of mine between two and three years; he is very poor, I used to call upon him to know when he would pay me, the rent is eight pounds a year; he has a wife and two small children. At last I was obliged to seize, and I found nothing but a parcel of lumber, they all came to but four pound, wanting one shilling.
Robert Taylor , I live about forty miles off, at Abotsasson; I have known the prisoner about twelve years, he has taken money for me about seven or eight years at Mrs. Welch's: he has taken 80 or 100 l. a day. About a fortnight before he was taken up, he took about 50 l. for me for nine beasts. I have carried Money I took of him to Temple bar, and it was always accepted, and if he was in business, I would employ him as before.
Richard Taylor , I live at Thame in Oxfordshire; I have known the prisoner ever since he was book-keeper at Mrs. Welch's, that is eight or nine years; he has had 50 or 60 l. of my money in his hand at a time. I do not think he would be guilty of diminishing the coin; I would trust him to-morrow if he was in his place again. Sometimes he has taken for me, 40, 50, or 100 l. per week.
William Sevil . I am a fruiterer. I have known the prisoner above 30 years, and have had dealings with him for twenty pounds a week; he never gave me bad money to my knowledge. If he was at liberty I would trust him again twenty or thirty pounds if he wanted it.
Guilty Death .
156. Amelia Robinson was indicted for stealing a box, value 3 s. one cloth coat, value 40 s. two dozen and a half of buttons, value 10 s. one hat, value 2 s. and 40 s. the property of Christopher Cormick , Dec. 16 .
Guilty, 39 s.
Guilty 10 d.
The Trials being ended, the Court proceeded to give Judgment as follows.
Received sentence of death 5.
Transportation for 7 years, 32.
John Phillips , John Jackson William Weber , William Cain , Elizabeth Collier , John Finley , James Slate , John Hat , John Salter , Richard Ryan , Richard Jones , Mary Brown , Lawrence Welch , John Williams , Joseph Blizard , H - W - , Edward Hammond , Richard Cook , John Thornton , John Wade , Mary Pollard , Samuel Lenthal , John Hutton , Elizabeth Cooper , Robert Holman , John Caswell , G - H - , Elizabeth Spurling , Thomas Griffice , Abraham Hales , Roger Hales and Stephen Collet .
Branded in the hand, 2.
SHORT-HAND Taught in an easy and expeditious Method, by Thomas Gurney , the Writer of these Proceedings, who attends every Saturday Evening from five o'clock 'till nine at the Last and Sugar-loaf, Water-lane, Black-fryars. Half a Guinea at Entrance, and the like sum when the scholar is compleated.
N. B. He also takes down Trials at law.