HELD AT JUSTICE-HALL in the OLD-BAILEY,
On WEDNESDAY the 5th, THURSDAY the 6th, FRIDAY the 7th, and SATURDAY the 8th of April.
In the 22d Year of His MAJESTY's Reign.
BEING THE Fourth 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 farther 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 hon Sir THOMAS ABNEY , Knt. the hon. Baron CLARK , RICHARD 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 .
Thomas Kinister . I was going along the Strand , by the Prosecutor's door, I saw the Prisoner and another man there; said one to the other, step in; I got behind some casks to observe what they would be at; the Prosecutor was then behind his counter; I saw the Prisoner take the Bacon under his coat and carry it out of the shop; I took hold of him immediately, he threw it down and struggled with me, and some gentlemen coming by helped me to secure him.
243. Jane Avery , late of St. Margaret's Westminster , was indicted for stealing one silk gown, val. 10 s. one cloth cloak , val. 1 s. one silver teaspoon , the goods of Martha Mansel , widow, Feb 25, 1747 .
Martha Mansel . I live in the Broad-way, Westminster , the Prisoner had formerly been my servant , I lost these things above a year ago , I took her with my cloak on her back; as I was coming down the Strand I took hold of her when we were near the Cock-pit; she untied the Cloak, and bide take it and be hang'd, and run crying o Stop thief! I being old and infirm could not pursue her.
Samuel Hall. I am Constable, I searched the house where the Prisoner lodged , and found these two silk gowns, which the Prosecutor swore to before the Justice, was made out of her mantua.
Guilty 4 s . 10 d.
245. Joseph Harris , late of Hanover-square , was indicted for stealing one silver saltseller , val. 3 s. one pair of silver snuffers, val. 3 s. the goods of the Right Honourable Stephen Points , Esq ;
There was another indictment against him by another chairman .
Guilty 10 d.
248. William Smith , was indicted for stealing three linen shirts , val. 1 s. one cloth waistcoat, val. 2 s. one cloth waistcoat with gold buttonholes, val. 10 s . two Holland shirts , val. 5 s. two check shirts, one scarlet waistcoat , one linen handkerchief, four neckcloths, several pair of stocking, and other things the goods of Peter Higgins , Mar . 16 .
Peter Higgins . These things were taken out of my room at the Spring Garden, Stepney . I knew not any body so well acquainted with my room as the Prisoner , who had been a servant there, and late turned away.
- Jones . I am a Constable, I was charged with the Prisoner, who told me he had left these goods at the Gun and Holly-bush, and Mr. Higgins went with me to search, we found them there, and he swore to them.
Guilty 39 s.
- Carrey. The prisoner Mills brought the copper to me to sell, he told me his father was dead and his mother sent him; I said I must see his mother , he went away and brought two women; said I, is either of these your mother? he answered no; but said they could prove he was an honest boy; he told me he lived in Jacob's Well-yard in East Smithfield; I went there, but could find nothing of his mother, I stop'd the copper, and the Prosecutor swore to it as his property .
Mills Guilty .
Shovel Acquitted .
Guilty 10 d.
John Rogers . I am a cheesemonger , I live in Virginia-street, Ratcliff High-way , when I shut up shop between ten and eleven o'clock I saw the cellar-door safe bolted on the 16th of March. I was in a found sleep when on a sudden I was awaked by the Gentlemen that are here to give their evidence, who told me my cellar was broke open.
Q. Describe the situation of your cellar .
Rogers. It is under my dwelling-house, there is a door opens into a court, and a door and stairs up into my kitchen, there is a bulk or place for headroom made rising up, done with boards, which was beat all to pieces, so that a little child might creep in, the hooks of the door were wrenched out of the posts; there are goods in the cellar for sale , when I came down they had taken Horner out of the cellar .
Q. Who took him?
Thomas Shrumsher . I am an officer of the Excise, on Tuesday the 16th of March between one and two in the morning, Mr. Motes and I was going down Virginia-street, at the corner o Trott's court , Mr. Motes saw a stick lie with the and under the
Q. Did you find it charg'd?
Shrumsher . It was drawn before the Justice; it was loaded four fingers deep; there was in it a large slug, and above twenty shot.
Q. How did you seize him?
Shrumsher . I told him, I did not care for his pistol; and Mr. Fontoloroy , who was by my side with his musket charg'd in his hand, told him, if he did not drop his pistol, he would shoot him; then he lowered the muzzel of his pistol, but did not drop it: We took hold of him, and brought him up. When he was up in the court, I saw a great clasp-knife lying by his foot, but did not see it fall. Then I saw something in his hand; said I, what have you got here? He held it fast; says I, I will have it, which was a bottle with gunpowder in it; then we tied them, and took them to the Watch-house, and sent for an officer.
Mr. Fontoloroy . I was alarmed this Night between 1 and 2 o'clock by the cry, Thieves , &c. I step'd out of my bed, and took a gun, that I keep loaded by me for my safety. I threw up my sash , and said, I would shoot him dead, thinking some honest body had been overpower'd, by hearing the noise of sticks: said I, Where are they? One of these Gentlemen of the Excise said, Here are thieves in this cellar; when I found they were in the court, I went to the stair-case window, and put up the sash, and said, who are you? They said, we belong to the Excise , &c. I gave them my gun ready cock'd and prim'd: said I, keep them in, I will be with you presently ; then I ran up, put my cloaths on, and brought a bayonet and a sword with me ; when I came to Mr. Rogers's cellar , there were there two gentlemen belonging to the Excise: said I, here is a sword for one, and a bayonet for the other: said I, give me the gun , and I'll warrant you we'll secure them. So the last witness and I went down both together ; the first we saw was Horner , I kept my gun presented towards him: said I, Surrender, which he did without any great trouble. We took him up stairs , and the persons there secured him; then we went down again, and we look'd in the first cellar ( for it is a double cellar under the whole house) then we turned on the left hand, and went into the other cellar, and on the right hand side in the farther corner stood White; we had lights with us , I could see, by the light of my lanthorn , his pistol directed to us; as we came in at the door I sprung myself forward, that he should not take hold of the muzzle of my gun; he seem'd hesitating ; I threw my piece back with my right hand, and, with my left, took hold of his pistol, and took it out of his hand; it was loaded as before described ; in his other hand he had this piece of a sword or tuck. It is a dangerous weapon, I know not what to call it. The bolt of the door was found in the morning in the cellar; there was another piece of iron found, it is an instrument made use of to splice roaps with, and with which, it is very probable, the door was wrenched open.
Mr. Wilson. I was one of the persons that followed these two last witnesses into the cellar, I saw all their instruments after taken, and found they had been poysing to coleway open the door with the instrument last mentioned .
Prisoners defence. White . I was fuddled, and I fell down the steps, and I found myself and these things on the steps.
Horner. I had been drinking, and, going by , saw this cellar open, I went down, and I saw this other man, pointing to the other prisoner, saying, he never saw him in his life before. I turned about to come up again, and heard the cry of Thieves thieves, in the cellar . So I surrendered directly.
Both guilty .
Jan. 13 .
Sarah Barker . Between the hour of 8 and 9 o' clock at night, on the 13th of January , I was going to Chelsea in the stage-coach, going along the high-way beyond the Turnpike, I saw the prisoner mounted on a shabby horse; he had a brown wig on, and handkerchief about his neck; he turned back, rode up to the coach-man, presented a pistol, and ordered him to stand; he came to the same side of the coach I sat on, and demanded my money. I gave him some; he asked me, if it was all ? I told him; it was not; he asked for more, I gave him a thimble, a knife, and some other things; he said, what must he do with that trumpery? and gave it me again; then I gave him all I had.
Q. How long might he be by the coach side?
S. Barker. About ten minutes, within two yards of me.
Q. Are you certain this is the man?
S. Barker . The moon shone in his face directly, and I know him to be the man. I am very positive of it.
Q. Did you see him again?
S. Barker. Yes; as I was going through the Park to Chelsea on foot, he was going into London, and I towards Chelsea; it was between the two centinels boxes, on the Mall, my Mamma was with me, I asked her, if she knew that man? Says she, that is the man that robbed us, &c. We stopped, and looked at him, and he looked back again . We went on to Chelsea. I told the gentleman with me, there we had met such a person .
Q. Did you see him after this?
S. Barker. I was along with Mr. Matherson, and saw him again in Jew's Row; I said, there is the man that robbed me. Mr. Matherson said, be sure what you do. I said, he is the man. Says he, here a man's life at stake; he said, get out of the coach, and be fully convinced. I got out , and went towards the prisoner, and asked him, if he knew where Mr. Bates the baker lived? He told me , a little higher. I went from him, and said, if I had not seen the man, I should have known him by his voice. This was Feb. 25.
Q. Pray, what did you remark of him to know him by?
S. Barker. He has a remarkable look about his eye. When he robbed me he had a white duffel coat on; and he had the same on in the Mall , and the same handkerchief ; and likewise , when we took him, he had the same.
Cross examined .
Q. Did you ever see the Prisoner before you was robbed ?
S. Barker. No, Sir.
Q. How many passengers was in the coach?
S. Barker . There was my Mamma, myself, a servant maid, and a little master. Mamma and I sat with our faces to the horses; Mamma sat on my right hand.
Q. Which side the coach did he come to?
S. Barker . To my side.
Q. Can you swear the prisoner is the person that robbed you?
S. Barker . My Mamma and I took our oaths he is the person before Justice Ellis.
Q. Do you know the colour of his horse?
S. Barker . I do not.
Q. What time of the day did you see the prisoner in the Park?
S. Barker . I believe it was betwixt 1 and 2 in the day.
Q. When you saw him on the 25th of February, did you then have him seized?
S. Barker. A gentleman went for a constable, and took him up in Chelsea then.
Q. Where do you live?
S. Barker. I lived then in King's Road, Chelsea .
Johanna Frankling . I can only repeat the same that has been already said by my daughter, which I am ready to do. On the 13th of January, between the hours of 8 and 9 at night, we were attacked in the coach going to Chelsea ; the prisoner at the bar rid by the coach, and looked in. My daughter said, I wish that man has no ill design upon the coach; he was drinking at the Turnpike, as the coachman told me, when we went by; he rode by us, said I, I wish he would ride slower, and guard the coach; by and by my daughter saw him turn, he rid up to the coach, and, with an oath, demanded her money. She then gave him some things , a thimble, a knife, and some little oranges , with some money. He said, what can I do with these? So, with an oath, gave her them again. I think I heard my daughter say thank'y; he asked her, if that was all? She said, No; two or three times he asked her: At last she said, she had no more; and added, if he doubted it, she would get out of the coach, and he should search her; he felt her hand for rings, and stripped her glove off her hand to see. In the interim I pulled off my glove with my ring in it, to shew him my hand, which I did, and said, you may see I have no ring. He asked me for my money, and the other woman : She said, she had but a few half pence . He asked the young gentleman for his money : Who said , pray don't shoot me, I have no money . After a time, he said to the coachman , you may drive on.
Mrs. Frankling. I am as sure he is the man, as I am of knowing my own counsel, whom I have known for years.
Q. Was the coach-window up or down?
Mrs. Franklin. That on my side was up.
Q. Could you see him so well then?
Mrs. Frankling. I leaned forward all the while; but I never expected to see him any more.
Q. Did he take hold of your hand?
Mrs. Frankling. He did not.
Q. Did you observe him to take hold of your daughter's hand?
Mrs. Frankling. I did not see he did; he stripped her glove off her hand.
Q. to S. Barker. Did he take hold of your hand?
S. Barker. Yes.
Q. Was it a hard or soft hand?
S. Barker. I do not know.
Q. To Mrs. Frankling . Was you before Justice Ellis?
Mrs. Frankling . Yes, I was.
Q. Was you as positive there as you are now, that the prisoner is the man?
Mrs. Frankling . Yes, I was.
Q. Are you quite certain you was positive then?
Mrs. Frankling. Upon my word I am.
Q. Should you have known the prisoner, if your daughter had not been with you?
Mrs. Frankling . Yes, I should.
Q. How was he dressed then?
Mrs. Frankling . He had a light-coloured coat on, a coloured handkerchief about his neck, a brown wig, and a very low horse. I made a Memorandum of him when I came home.
Charles Mathewson . I went from London to Chelsea on the 25th of Feb. with Mrs. Frankling and Mrs. Barker; all of a sudden Mrs. Barker seem'd to change countenance; says I, what is the matter with you all on a sudden? Says she, Mamma, there is the man that robb'd us; said I, look out of the window, and see: She looked out, and said, that is the man. Says I to Mrs. Frankling, it is a matter of very great concern to take away a man's life. She and her Mother looked at him some minutes, she said, I am sure he is the man. Said I, you are to be certain; you had better get out of the coach , and I'll go along with you. Said she, if I can hear his voice, I shall be more sure, if possible . Said I, I shall not assist you till I find you are sure . She went, and asked him, if he knew where Mr. Bates , a baker , lived? He answered her, somebody else answered her too, and said , you'll see bread in the window. She said, when she was past him, I am sure that is the man; I know it is his voice, who robb'd me. That's all I know.
Q. Had you a good sight of the man that robb'd you?
S. Hardy. I could not see him very plain; one of the wooden windows of the coach was drawn up on the left hand side.
Q. What time was it you were stopp'd?
S. Hardy. It might be about 8 o'clock; St. Clement's clock had struck 7 before we came from the Strand .
Q. Do you think the prisoner at the bar is the man?
S. Hardy. I do not believe he is.
Q. What did the man that robb'd you say to you?
S. Hardy . He ask'd me for my money and rings; he felt of both my hands for my rings .
Q. Upon feeling your hands , had he a hand like the hand of a hard working man, or was it soft ?
S. Hardy. A very soft one; and, by the light of the moon, seemingly white; I did not take him to be a working man. I said before Justice Ellis, when the prisoner was taken up, I could not swear he was the man; and I do not now think he is the man; the same I told the Justice then: The man that robb'd us was with us about ten minutes. I did not hear him swear at all. I think the man that robb'd the coach was not so lusty .
Q. How was he dress'd ?
S. Hardy . He had on a light duffel coat , almost new, and a dark brown wig.
Cross examined .
Q. Did you see his face that robb'd the coach?
S. Hardy. I saw but one side of his face.
Q. How was it for matter of light?
S. Hardy . It was pretty light.
Thomas Hunt . I was in the coach on the 13th of Jan. when it was robb'd, I sat on the side the man came , with my back to the horses: I was frighten'd so I could not make great observations ; but I really think the prisoner at the bar is not the person that robb'd the coach .
Q. Should you know the man were you to see him?
Hunt . I think I should; he did not take any thing from me.
Hunt . He damn'd the coachman once, saying: Damn you, can't you stop?
Q. How was he dress'd?
Hunt . In a white duffel coat.
Q. Was you with the prisoner before Justice Ellis?
Hunt . Yes; and I said there, I did not believe he was the man that robb'd the coach.
Q. Did you ever see the prisoner before?
Hunt. Yes; he kept a public-house going down to Ranelaugh : I have known him these six or seven years: I had sight enough of the man that committed the robbery, to have known him, had it been the prisoner.
Cross examined .
Q. What colour was his wig, that robb'd the coach?
Hunt. I cannot say as to his wig.
Q. What had he about his neck?
Hunt . I cannot say as to that, his hat was put down a little.
Q. Were you sworn at Justice Ellis's ?
Hunt . I was not.
Geo Clark . I drove the coach that day: I am the owner of it. I have known the prisoner at least seven years; there were but few days, these three or four last years past, but I have seen him two or three times a day. I verily believe he is not the man that robb'd the coach. I am positive he is not the man. I had a view of the face of him that robb'd the coach for a little time.
Q. Was his voice like the prisoner's?
Clark. It was not. I told Justice Ellis I believed the prisoner was not the man; and that he was a man of a fair character; I cannot say I know the guilty person; but I am satisfied this is not he.
Cross examined .
Q. Did you never make any declarations you knew the man that robb'd the coach?
Clark. The last time my coach was robbed was the 24th of February last. One person I believe robbed it three times: Then his horse was very much tired. When I came home, I said , I had been robbed again; and , I added, I would have been hanged if I could not have brought him into that place in an hour's time. That man , who robbed the coach , was no way so big as the prisoner, nor his voice, nor manner of behaviour . My coach has not been robbed since Mudget was taken.
Charles Shafaley . I have known the prisoner these twelve years , and believe him to be a very honest man. I am a Waterman and Lighterman: On the 13th of January I brought some oil up by water, about 4 o'clock in the afternoon, for Sir Hans Sloane . I had a pot of hot in the Lodge, and the prisoner came in; he came in before five.
Q. How do you know to swear to that very day?
Shafaley . I have a receipt in my pocketbook makes me remember the day: It was for Mr. Bockam and Mr. Pain. When I bring any thing to Sir Hans, the Porter, upon my delivering it, gives me a receipt: It was shewed in Court. After I had drank the hot pot, I went away. At six I came again, and I saw the prisoner at the bar there: I continued there, with him and others, till the bell rung nine; then I was upon going. I left the prisoner, and Mr. Pain, and Mr. Abott. Mr. King went away about eight.
Raimont Pain . I am porter to Sir Hans Sloane at Chelsea, I have known the Prisoner about seven years, his character is as good as any man's in Chelsea; I was in company with him on Friday the 13th of January with Mr. Abott, Mr. Squire, Mr. King and Mr. Shafaley , he came into our lodge about 5 o'clock in the afternoon, and I am sure he continued there 'till ten that night .
Q. How came you to remember the day so positively?
Pain. I remember it from this; on the 12th we were invited to the Magpye to supper, I left the Prisoner with others in the Lodge, I went and stay'd 'till ten o'clock; Mr. Abott had been paying some money to the window. Before they left my lodge they took down my bed, and took off one of the sheets, and doubled that one up so that I could not go to bed without shoving that down before my feet into the bed, and the next day the 13th, they came again, and I examined them about their playing that trick with my bed; and then Mr. Shafaley bringing the oil and minuting it down in my pocket-book, [which was shewed .] I always enter things down in this book as I pay for them, from these things I well remember the night.
Anthony Abott . I was in company with the two last witnesses and the prisoner at the bar that very night; the prisoner and I went away together about ten o'clock at night, and he was with me from before four o'clock: first we were at the Magpye, then we went to Sir Hans Sloane's lodge, and there we formed the company drinking the pot of Hot.
John Macdonald . I live in Chelsea ; the 11th of February I was in London going home in the Chelsea stage-coach, the prisoner came up and robbed the coach. There were but three of us, and he robbed us all; I kept him from robbing us for about ten minutes, by catching at his pistol, so I had an opportunity of seeing his face: one gentleman gave him four halfpence; he threw them into the window at him, saying, Do you give me such as this? He took from me three shillings and some halfpence.
Q. Are you sure the prisoner is the man?
Macdonald . I am positive he is.
Q. How was the night for matter of light ?
Mackdonald . It was as fine as a moon-light as ever was: there are two gentlemen here who were robb'd on the road that night in another coach, and they look at the prisoner at the bar to be the man that robb'd them.
Daniel Wrench . I keep the Plume of Feathers at Buckingham-gate , the prisoner at the Bar call'd at my house that very evening , on the 11th of Feb. he once did live within two or three doors of me, and I had not seen him for two years before; I said to him, Who thought of seeing you here at this time of night? says he, I am going to Chelsea; he went out of my house about 8 o'clock.
Q. to Mackdonald. What time was you robb'd ?
Mackdonald . About half an hour after eight o'clock , and by hearing Mr. Wrench give a description of the prisoner, who told me he liv'd at Chesson in Hertsorshire : I went there, and by seeing the prisoner in the street, I said, that is the man that robb'd me.
The prisoner being ask'd to make his defence said, I have nothing to say.
Guilty Death .*
* Mudget's person and apparel answered to the descriptions given by three of the evidences in the former trial .
She was acquitted .
Thomas Masling . I live in the Little Minories at the sign of the Goat ; I left the prisoner drinking in my house, March 10, about three o'clock, I came home again about the dusk of the evening, and found a tankard missing.
Q. When did you see it again?
Masling. On the Monday following it was brought to my house by the other witness.
Thomas Cook . I live next door to the prosecutor; I heard he had been robb'd on the Friday; on the Saturday in the afternoon a person came into my shop and said, the prisoner was taken; I and two or three of my neighbours took the prisoner into a private room, while we were talking with him the rumour reach'd as far as Shoreditch; the landlord at the King's Arms there had lost a silver tankard, he came and charg'd the prisoner, then the prisoner said he desir'd to speak with two or three of us privately; then he made a confession how he stole it and concealed it in a blue apron under his bed unknown to his wife , and afterwards he went with it to Cheapside , and sold it for 7 l . 2 s.
John Acreman . I was with the prosecutor when the prisoner confest stealing the tankard, and moreover deposited a 3 l. 12 s. piece in my hand of the money; I went to Mr. Briscoe's afterwards , and found the tankard by the information of the prisoner.
Prisoner's Defence . The tankard I had of a sailor , a shipmate; he desired me to sell it for him, I went into Cheapside and sold it for 7 l. 2 s. the sailor staid at the door to take the money, and when I came out he was gone.
There were six persons spoke well of him, as to his former character.
Guilty 39 s.
258. Mary Clark , spinster, late of St. Paul's, Shadwell , was indicted for stealing one cotton gown, val. 10 s. one linen sheet, val. 4 s. one linen table-cloth , val. 2 s. 6 d. one linen apron, val. 1 s. 6 d. the goods of Charles Warring , Dec. 16 . She was cast upon her own confession.
David Davis , was indicted for robbing Bartholomew Fleming on the King's high-way of a silver watch, val. 4 l. one pair of shoe buckles, val. 5 s. and 5 d. in money , Mar. 3 .
Bartholomew Fleming . I live at the Golden-key in Drury-lane, I am a taylor , and had some business to do at the Swan-Tavern opposite Somerset-house in the Strand; I stayed there pretty late March the 2 d 'till about two o'clock in the Morning of the 3 d. I had just parted from Mr. Ives , I went by the prisoner at the bar with another person with him, who is not yet taken; this was betwixt Catherine-street end, and the New Church in the Strand , they demanded my money, the Prisoner took my watch out of my fob , while the other held me by the collar; the prisoner had then a loose coat on, I believe the same he has now; he took 5 s. out of my pocket, he stooped down and took the buckle out of my left shoe, and then out of the right; with the last he took the strap of my shoe. Mr. Turberfile was going by at the same time, he seemed not to understand what they were upon; he turned about and after observing them said, Are you at that Sport; then have at you. I believe he did not strike them; they took to their heels, the prisoner ran towards the New Church, there he stumbled and fell, Mr. Turberfile was foremost, and I close behind him; so by that means we secured him. We had more assistance come by my calling out Watch! Watch! the watch was drop'd down betwixt the prisoner's legs. Mr. Hussey took it up; the buckles and strap were brought to me by two different hands who picked them up the next day.
Mr. Turberfile . I know the prosecutor from that night ; I was passing by at the time I saw three men up against the wall together, I suspecting they were at no good went up and asked them what they were about, the prisoner and one other ran and left the prosecutor; one ran up Eagle-court, and the prisoner ran towards the New-church. I cannot swear this is the man I took, I was not at the Justice's the next day; the watch was found on the ground between his feet where I took hold of him.
Q. Are you sure the man that was robbing the prosecutor is the man that stumbled and fell, and him that you took?
Turberfile . That I am sure of?
Thomas Hussey . I heard the cry Watch! Watch! I ran and saw Mr. Flemming had hold of the prisoner : I ask'd what was the matter ; he told me he had been robb'd of his watch, &c. I saw between the prisoner's feet the watch lie, I did not see it drop, I took it up, and deliver'd it to Mr. Smith a brewer.
Harper Smith. I was coming by in the morning about two o'clock, Mr. Hussey call'd to me, knowing me, and said there was a gentleman had been robb'd ; I went and saw the watch on the Ground, and saw Mr. Hussey take it up, and he gave it to me, and I deliver'd it to the constable .
Thomas Green . I am a watchman, I heard the cry Watch, at little Drury-lane end, I ran down the lane with my lanthorn and staff, and saw these four gentlemen and the prisoner; he had a bloody nose: Mr. Fleming gave me charge of the prisoner, I charg'd four of them to assist me; the prisoner much oppos'd going with me, I was obliged to give him some blows to quell his obstinacy ; so we took him to the Watch-house.
Guilty Death .
263. Samuel Hobson , was indicted for robbing Thomas Bowman on the King's highway of one pair of pumps, value 5 s. three guineas, one half guinea, and 2 s. in silver, in company with Thomas Hazard , and William Cavenaugh not yet taken , March 4 .
The prosecuter varied in his account from what he had said before the Justice.
Guilty of Felony only .
264. William Maclocklin , was indicted for robbing Benjamin Tribe on the King's high-way, of one silver watch, val. 10 s. one pair of silver shoebuckles , val. 5 s. one guinea in gold, and 16 s. in silver , Mar. 29 .
Benj Tribe . I keep the three Tuns at Bow, I had been at London about my wine licence, going home I took Archibald Forister the watchman at Mile end to light me home; the prisoner at the Bar met us about eleven o'clock at night, he had two more with him; they first came up and ask'd the watchman the way to White-chappel, the two came and look'd full in my face, and ask'd the same; we were both turned with our
Q. What money did you lose?
Tribe. One guinea in gold, and 16 s. in silver; the man that knock'd me down took that, they got off me and left me lying against the bank; they had haul'd the watchman at a distance from me, and pull'd him by the legs into a ditch: said I, you have been so good as not to hurt me, pray be so good to help me up; one of them gave me his hand and helped me up: I was no sooner on my legs but one of them (I suppose the prisoner) took me a violent blow on my head and said, Deliver! and took off my hat and wig: I said, gentlemen, I thought I had delivered: said he, Deliver your all you dog? said I, I have a disorder in my head , and I am fearful of catching cold in my head ; I am afraid of an ague, &c. Said I, please to give me my hat or wig, I should be oblig'd to you: one of them held his hand in my wig towards me, and said, D - n you: said I, will you please to give it me? he said nothing: said I, shall I be so bold to take it? so I took my wig and put it on my head; then I asked him for my hat also: one of them said, D - n you, you will ask for all again presently? No, said I, gentlemen , I will not; please to give it me, and I shall be obliged to you. With that they made a grumbling and went off towards White-chapel.
Q. Had you light enough to discern the prisoner's face?
Tribe. I could see them coming to me by the light of the lanthorn; but when the light was out I could not. I can swear to the prisoner's face, and by his short hair, and that remarkable lock behind.
Archibald Forister . As I was going to light Mr. Tribe home the 29th of March, about eleven o'clock from Mile-end to Bow, we went 'till we pass'd the Plough, it was half way between Mile-end and Bow, there came one man up. I got near the ditch to let him pass me; when4 he came just to me he ask'd if that was the way to White-chappel; I said, It is as straight as you can walk: I turned my head about , and the prisoner at the bar gave me a blow on the side of my head with something he had in his hand; I took it to be a hanger; I knew him before, as having him in my custody, as mentioned before; it was about six weeks before this: after I was down the other man took me by the legs and dragg'd me into the ditch , and the prisoner jump'd on my breast: I said, Why do you use me so barbarously; I did not use you so Maclocklin when I had you in my custody two days and a night? &c. Said I, You cannot expect a great deal from a poor watchman: they took one shilling and fourpence from me; it was the other man that took it; they searched my pockets and took an old knife; the other spoke I believe in Irish ; they took my hat and wig, and left my hat with another man that was lying bound in the field that same night: When they left us, we went on; I got my lanthorn done up and I went back again, going along I found Mr. Tribe's hat in the field ; they had left it there.
John Hill. I am a constable; I was going round the parish to collect my money, I went into the house call'd the Three Mackerels , there was the prisoner, I took him there: Said the prisoner, The watchman was very much abus'd, and I did it; this was the 31st of March: I say, said he, I am the man that did it; I went and call'd the watchman that was abus'd and secur'd the prisoner: the watchman said, That is the man that abus'd me and stamp'd on my breast .
Prisoner's defence . Last Friday when I came in to the place where the gentleman was, I said to the landlord, Let us have a pot of beer: I had not been at Mile-end for five weeks before that :
Ann More . I live in East Smithfield; the prisoner lodg'd at my house, he has lodg'd with me about six weeks; he is a labouring man , he always keeps good hours; he us'd to be always in by seven or eight o'clock : he never exceeded ten. I always see my lodgers in before I go to bed.
Q. How many lodgers have you?
More. I have six .
Q. What do they give a night?
More. Two-pence; but I do not turn away three halfpence ; there was a man in bed with him that night, and two women lay in the same room.
Q. Where is that man; that is the man we want to see?
More. I have not seen him since?
John Hill. The woman's account and the prisoner's do not agree; for he swore before the Justice he had not been come from Plymouth above a fortnight.
Guilty Death .
266, 267. Mary Shelton and Mary Dodson , alias Clinch , were indicted for breaking and entering the dwelling-house of Steven Todd and Company , and stealing out thence nine blue cloth coats , value ten pounds, nine blue cloth waistcoats , value three pounds, twenty-five yards of scarlet-cloth, with divers others things, to the value of 140 l. and upwards .
The few things found upon the prisoners, they had witness to prove they bought them in the street in the Minories, of a man and a woman.
They were both acquitted .
Guilty 10 d.
270, 271. William Ellseygood , was indicted for stealing one silver spoon, value 1 s. one linnen waistcoat value 1 s. one linnen handkerchief value 3 d. three caps value 1 s. thirteen pair of stockings value 5 s. the goods of William Warrin . And
Ellseygood guilty .
Eliz. Ward acquitted .
Guilty 10 d.Acquitted of the Robbery .
273. Dorothy Alien , wife of Thomas Alien , was indicted for stealing three cotton gowns, value 20 shillings, one silk gown value 20 shillings, one silver tea spoon, three linen shifts, and other things, out of the dwelling-house of John Gregory , his property . March 21 .
John Gregory . My house is in Spittle-fields market . I heard the prisoner had a grandmother who lived over the water: I went to enquire for her; and, coming back, I found her at the Bridge foot. She had some of the cloaths on: She confessed the fact.
Guilty 39 s.
274. Eliz. Cole , wife of Edward Cole , was indicted for stealing one linnen gown, value 3 s. one stuff-petticoat value 2 s. one pair of silver buckles , value 2 s. 6 d. and other things , the goods of John Rickets .
Mrs. Rickets . I miss'd the things about an hour after the prisoner was gone out of my house: when I took her she had my buckles and cap on.
Eliz. Treadwell , was indicted for stealing one Calamanco gown, value 5 shillings, one hoop-petticoat , value 6 d. four linnen handkerchiefs, value 4 s. one silver snuff-box, value 14 s. one pair of pumps, value 4 s. and other things .
March 1 .
278. Eliz. Burnet , spinster, was indicted for stealing one calamanco gown, value 4 s. four caps , value 2 s. one pair of leather gloves, value 1 s. one linnen apron, and other things , the goods of Enoch Whilton .
280, 281, 282, 283, 284. Thomas Kingsmill , alias Staymaker , William Fairall , alias Shepherd , Richard Perin , alias Pain, alias Carpenter , Thomas Lillewhite , and Richard Glover , were indicted for being concerned, with others, to the number of 30 persons, in breaking the King's Custom-house , at Poole , and stealing out thence thirty hundred weight of tea, value 500 l. and upwards .
Oct. 7. 1747 .
Captain William Johnson . I have a deputation from the Customs to seize prohibited goods. On the 22d of September 1747 I was stationed out of Statnham Bay , just by Pool: I was under the North shore, I examined a Cutter I suspected to be a Smuggler; after quitting her, I had fight of the Three-Brothers; I discovered her to the Eastward , after discovering her she put before the wind at N.N.W. I gave chase with all the sail I could make. I chased her from before five in the afternoon till about eleven at night. After firing several shot at her, I brought her to, and took charge of her. I went myself on board, and found she was loaded with tea, brandy, and rum. The tea was in canvas and oil-skin, over that the usual package for tea intended to be run; there was a delivery of it, forty-one hundred three quarters gross weight, in eighty-two parcels; there were thirty-nine casks of rum and brandy, eight and four gallons casks, slung with ropes, in order to load upon horses, as smuggled brandy commonly is; there were seven persons in the Cutter, I cannot say any of the prisoners at the bar were there. I carried these goods to the Custom-house at Pool , and delivered them into the charge of the Collector of the Customs there, William Milner , Esq; The tea was deposited in the upper part of the Warehouse, the brandy and rum were lodged in another part beneath.
William Milner , Esq; I am Collector of the Customs at Pool. On the 22d, or 23d of September Captain Johnson brought a vessel, whose name was given to me to be the Three-Brothers. She had burden two ton of tea, thirty-nine casks of brandy and rum, and a small bag of coffee. The tea was put in the upper part over the Custom-house all together, except one small bag, which was damaged, which we put by the chimney. We made it secure; but it was took away.
Q. Give us an account how?
Milner. On the 7th of October, between two and three in the morning, I had advice brought me, by one of the Officers, that the Custom-house was broke open; the staples were forced out of the posts, about five or six foot farther there was another door broken; at the door of my office the upper pannel was broke in pieces, as if done with a hatchet; by which means they could more easily come at the lock, which was broke, and another door, leading up into the ware-house, was also broke in pieces. So that there was a free passage made up to the tea ware-house, and the tea all carried off, except what was scattered over the floor. Most of the bags having been opened about an inch or two, to see what a condition it was in, and one bag of about five or six pounds, and the bag of coffee. They never attempted the brandy and rum.
Q. Did any body ever come to claim the brandy and rum?
Milner. No, it was condemned in the Exchequer.
Q. Was the tea in such sort of package as the East-India Company have?
Milner. No, Sir, it was pack'd as is usual for run tea, and the brandy was in small casks all slung.
Q. Do you know any thing of its being broke open?
Raise. It was broke open soon after Michaelmas . I do not know the day of the month. It was a year ago last October. There was tea taken out of it.
Court. Look at the prisoners. Do you know either of them?
Raise. I know them all.
Q. Give us an account of what you know about it.
Raise. I was not at their first meeting. The first time I was with them about it was in Chaulton Forest , belonging to the Duke of Richmond: There was only Richard Perin of the prisoners there then. We set our hands to a piece of paper to go and breakEdmund Richards that set all our names down; this was about three or four days before we went to Pool, we had no arms with us at that time. The Monday after we met at Rowland's Castle ; they were all there, except Kingsmill and Fairall; they were armed , when they met, with blunderbushes , carbines, and pistols ; some lived thereabouts, and some towards Chichester. So we met there to set out all together: When we came to the forest of Bare, joining to Horn-dean , the Hawkhurst gang had got a little horse, which carried their arms; we went in company till we came to Lindust ; there we lay all day on Tuesday, then all the prisoners were there: Then we set out for Pool in the glimpse of the evening, and we came to Pool about eleven at night .
Q. Were all the prisoners arm'd?
Raise. To the best of my knowledge all the prisoners were armed; we sent two men to see if all things were clear for us to go to work, in breaking the Ware-house, &c. The men were Thomas Willis and Thomas Stringer ; Thomas Willis came to us, and said, there was a large Sloop lay up against the Key; she'll plant her guns to the Custom-house door, and tear us to pieces, so it cannot be done. We were turning our horses to go back. Kingsmill, and Fairall, and the rest of their countrymen, said, if you will not do it, we will go and do it ourselves. This was the Hawkhurst gang; John and Richard Mills were with them: We call them the East-country people; they were fetched to help break the Custom-house, &c. Thomas Stringer came to us, and said, the tide was low, and that vessel could not bring her guns to bear to fire upon us . Then we all went forward to Pool: We rid down a little back lane on the left side the Town, and came to the sea-side. There we quitted our horses, Richard Perrin and Thomas Lillewhite staid there to look after them. We went forward, and, going along, we met a lad, a fisherman going to fish, we kept him a prisoner: When we came to the Custom-house, we broke open the door; there were two men who lay in the under part of it, we took them prisoners too; then we broke open the door of the inside; and , when we found where the tea was, we took it away: There was about thirty seven hundred , three quarters. We brought it to the horses, and slung it with the slings, and loaded our horses with it; the horses were, as near as I can guess , two or three hundred yards off the Custom-house. We sackt it in what we call horse-sacks to load; the five prisoners at the bar were there. Then we went to a place called Fording-bridge , there we breakfasted, and fed our horses. There were thirty one horses, and thirty men of us; the odd horse was for the East-country men to carry their arms .
Q. Did you see either of the prisoners assist in breaking the Custom-house?
Raise. I saw Fairall and Kingsmill carry tea from the Custom-house to the horses. When we came to a place called Brook , there we got two pair of steelyards, and weighed the tea, and equally divided to each man his share ; it made five bags a man, about twenty-seven pound in a bag ; the two men, that held the horses , had the same quantity.
Q. Were you all arm'd, are you sure?
Q. Had Lilleywhite arms?
Raise. Lilleywhite lay at my house on Sunday night, and another man with him, their horses were in my stable.
Q. Was Glover ever reputed a smuggler before, or did he ever act as such?
Raise. No, not as I know of, neither before or since. Richard Perrin was the merchant that went over to Guernsey to buy this cargo of brandy, rum, and tea. I paid him part of the money as my share to go. He told me, after the goods were taken , and put on board another vessel, that he had lost the tea by the Swift Privateer, Captain Johnson.
William Steel . When I came home, I was told the goods were lost, taken by Captain Johnson. The first time we met, I cannot say any of the prisoners were there, when we met in Charlton Forest at the Center-tree, I believe Richard Perrin was there; there were a great many of us there; this was some time in October; we met to conclude about getting this tea out of Pool Custom-houses . We came to some conclusion there; from thence we came to Rowland's Castle on Sunday in the afternoon; there were about twenty of us. I think Thomas Lilleywhite was there.
Q. Were there any of your company armed?
Steel. I cannot say there were any arms there on the Sunday . On the Monday in the afternoon, some time before sun-set, when we set out, every man was armed .
Q. How came they by their arms?
Steel. They had them from their own houses , as far as I know . I do not remember one man without; some had pistols, some blunderbusses ; allThomas Lilleywhite and Perrin; we, every man, went into Pool, except them two; we went to the Custom-house, and broke it open. I, and another, went to a Key, to see that no-body came to molest us. When I came back again, the Custom-house was broke open; they said, it was done with iron bars. They were carrying the tea when the other man and I came to them, we found the strings, and tied it together, and carried it away to a gravelly place, where we laid it down . Then we fetched our horses to the place, and loaded them, and carried it away. Then we went to a place called Fording-bridge , we baited our horses, and refreshed ourselves. We loaded, and went to a place called Sandy-hill ; but, at a place called Brook, before we came to this place, we got two pair of steelyards , and weighed the tea, and it came to five bags a piece.
Q. Did you carry the tea to your horses, or did you bring the horses to the tea?
Steel. We carried the tea to a plain place convenient for loading. Then we brought the horses forward to be loaded.
Q. to Raise. Did you carry the tea to the horses?
Raise. I had been employed at the house to tie up the tea; and, when I came, the horses were with the tea.
Q. Did you ever know Lilleywhite before ?
Steel. I have known him, and been acquainted with him, four or five years; he joined us at Rowland's Castle .
Q. Who came there first he or you?
Steel. He was there first.
Q. What arms was upon that little horse ?
Steel. I think there were seven long muskets on him.
Q. Were they arms for you?
Steel. We had arms before that; they were brought for their own use.
Q. Had Lilleywhite any arms when holding the horses?
Steel. I cannot say that he had.
Q. Did you all put down your names on a piece of paper to go upon this affair?
Q. Was Lilleywhite's name put down?
Steel. I cannot say it was.
Q. Was Glover ever concerned in smuggling before this?
Steel. No, I believe he never was before or since.
Q. Did you ever hear he went with reluctancy much against his will?
Steel. As to that, I never heard he did; but I believe Richards forced him to it; this I know, Glover lived in his house, and I believe Richards was the occasion of his going with us.
Q. Who was your commander?
Steel. There was no-body took the lead one more than the other.
Robert Fogden . I remember the time this tea was seized upon. I was at the consultation in Charlton Forest ; there we concluded to go after the tea; this was at a noted tree that stood in the forest, called the Centre-tree. I do not know whether either of the prisoners were there. I was not at Rowland's Castle, I was, with others of the company, on a Common just below.
Q. Were any of the prisoners at the house you was at?
Fogden. No, not one. At the forest of Bare there were, I believe, all the five prisoners . We met together at a lone place there; we staid there till these Hawkhurst men came to us; then there were thirty of us in number.
Q. Were you all armed?
Fogden. To the best of my knowledge they were all armed.
Q. For what purpose did you meet there?
Fogden. We were going to fetch away the tea that had been taken from us, and lodged in the Custom-house.
Q. Where did you get them?
Fogden . I cannot tell.
Q. Where did you find the tea lodged?
Fogden. It was in the top of the ware-house.
Q. Did you carry it away?
Fogden. Yes, we did.
Q. Were any of the prisoners at the bar concerned in it?
Fogden. They were there, and did assist as the rest, except the two that held the horses. We brought the horses to a place near, and then carried the tea to them. It was a very narrow lane where we stopped first, and we brought the horses up to a more open place for loading.
Q. Did the prisoners at the bar help you load?
Fogden. Yes, all of them.
Q. Did you put an equal quantity on each horse?
Fogden. We distributed it as near as we could. There was one little horse, that carried the arms, had not so much as the other horses had on them. Every horse there was loaded with tea; from thence we went to a little town called Fording-bridge ; at the next place we stopp'd, we weigh'd the tea with two pair of steelyards ; for we thought it was not equal, some was shattered out of some of the bags. Then we divided it as equal as we could; they were quartern bags, each prisoner had five bags.
Q. When did you see Lilleywhite first?
Fogden. In the Forest, I never saw him before .
Q. Was he there before or after you?
Fogden. I cannot tell.
Q. Did you hear any threats, if any should discover this affair, what should be done to them?
Fogden. No, Sir.
Q. Had Lilleywhite arms when left with the horses ?
Fogden. I believe he had not.
Q. Did you never hear he was a smuggler?
Guy. I can't say but I have heard him so call'd.
Q. Did you never hear he was a smuggler ?
Guy. No, never but by hear-say, as folks talk.
William Tapling . I have known Richard Glover twenty years. I never heard, before this unhappy affair , that he was a smuggler. I believe he never was before. I know his brother-in-law Richards; and that Glover was about two months with him. Richards is a notorious wicked, swearing man, and reputed a great smuggler; and I can't help thinking he was the occasion of Glover's acting in this.
Q. Did you never hear he was a smuggler?
Housal . Never before this. He lived with his father till the year 1744. His father dying, he followed his business till Aug. 1747. He went in the beginning of June to that wicked brother's house, and was there about two months. He went after that to live servant with the Rev. Mr. Blackden; after that he got into Deptford-yard , and there he continued ever since, till taken up, apprentice to a shipwright. This affair was in the very time he was at his brother-in-law's house.
John Grasswell . I have known Glover these twelve years and upwards. I believe he never was guilty of smugling before this, his character is exceeding good. I never knew him frequent bad company, or guilty of drinking or swearing an oath.
Woodruff Drinkwater. I have known Glover ever since he was born; I never heard he was reputed a smuggler either before or since, exclusive of this time, his temper is not formed for it at all, far from it; after his father died he was left joint executor with his mother , (left in narrow circumstances) he often came to me on any little occasion for five or ten guineas; he always kept his word; after his mother married again, there was some difference in his family, he went into the country, and I was very sorry for him at his going to Richard's house, and I cannot think he was voluntary in this rash action.
Mr. Edmonds. I have known Glover ever since the 9th of April last he came to me, and was entered
Mr. Dearing. I live in the parish where this young man was born, I go there for the summer season ; I have known him about eighteen years; I being informed of this bad thing, made me come to London on purpose to say what I knew of him: we in the country had great reason to believe that bad man Richards had corrupted him , he was a well behaved lad before this happened: his uncle came to me, and the young man came and begg'd of his uncle that he would see out for some business for him in some way or other, adding he could not bear to live with Richards; I had just hir'd a servant or I had took him: just after this bad affair happen'd, and he was unfortunately drawn into it.
The Revd. Mr. Blackden. I live at Slendon in Sussex , the prisoner Glover was my servant, I knew him and his family before; he behaved exceeding well with me as any could, and if he was discharg'd from this I would readily take him again; he attended in religious service publick and private constant; I never heard an ill word or oath from his mouth, or any thing vulgar.
His defence. I was down in that country, and a person desir'd me to take a ride with him, I agreed upon it, not knowing where they were going; I had no fire-arms, nor was any way concerned.
Fra. Wheeler. I have known Lilleywhite about six years, he always bore a very good character; a worthy young fellow, he was brought up in the farming under his father, who is a man in very good circumstances, he minded his father's business very diligently: I have known him refuse going out upon parties of pleasure, because he has had business of his father's to do; he married since this affair happened to a woman of fortune; I never heard him charg'd with any such crime as this before.
Sir Cecil Bishop . The prisoner married my housekeeper's daughter; had not he been a man of good character, I should not have been consenting to the match, which I was; she brought him a fortune, and he is a deserving young man.
287. Eleanor Stevens , spinster, was indicted for stealing two cloth coats, value 50 s. one coat and waistcoat, value 10 s. one pair of breeches, value 4 s. and other things the goods of Matth.ew Righcroft , March 19 .
There were goods (but none laid in the indictment) found upon the prisoner.
She was acquitted .
Guilty 10 d.
Christopher Cormoreck . I am a porter , and live in Swan yard, Newgate-street , I had been at the market , going home I met my little girl, just before I came to my door with a bottle in her hand, she me there was a gentlewoman in my room had sent her of an errand; I went in, mist my waistcoat, as it us'd to hang up. The prisoner was well dress'd, so I did not ask her about it; when the girl return'd, I ask'd her who had been in my room; saying, my waistcoat was gone: the prisoner said, I hope you don't suspect me? when she got up out of the chair I saw my waistcoat hand down, some part of it below her cloak,
Catherine Burk . The prisoner came into our room and I was alone, she desir'd I would go and fetch her a dram : said I, I cannot go, and I told her the shop was just by, and she might go; for, said I, there is no body in the house but my self: No, no, said she, I must not go out; I may as well have it here that you may drink some: I refus'd going; then she said, Go, huffey , if you don't I shall make you; at last she gave me a penny, and bid me go for a penny worth of anniseed; then I went and met my master; he ask'd me where I was going; said I, For a dram for a gentlewoman that came in a little time ago: After I came back, my master went to the closet, and said he missed his waistcoat, I said, no body had been there but that gentlewoman, (she was drest very well or I would not have gone out for her.) When she got up the waistcoat hung down longer than her cloak from under her arm, and my master took it from her : she went to run out from him and he stop'd her; she said she would give him a crown not to expose her, but he did not let her go; then the neighbours came in and they took her up.
Q. How old are you?
Burk . I am almost 13 years old.
Prisoner's defence. The prosecutor is indebted to a gentlewoman in the city; she desired me to call upon him, when I was there he lock'd me into his room, and said if I would not let him lie with me, he would take my life away; and when he found I would not let him, he said he would have satisfaction on me some way or other.
Guilty 10 d.
290. Elizabeth Comins , was indicted for stealing out of the dwelling-house of Thomas Holland , one repeating gold watch, one cornelian seal, one silver pint mug, one silver tea-pot, one pair of silver buckles, one linen shirt, two table-cloths, and other things, laid to the value of 40 pounds and upwards, the goods of Thomas Holland .
The principal witness against the prisoner was an accomplice, and upon madam Holland's intreaty for favour, she was found guilty of stealing goods found upon her to the value of 12 s.
291. William Streak , alias Stevens , late of Rodman in the county of Sussex , was indicted for aiding and assisting in the running uncustomed goods, and for feloniously obstructing the officers of the customs in seising , &c . Sept. 14, 1746 .
Thomas Mortimore . I am a riding officer of the customs; I am station'd at East-booth in the county of Sussex ; there were a gang the 14th of Sept. 1746, of about thirty or upwards; some of them were arm'd with fire-arms; I believe there might be forty horses; there was a large company coming from the sea-side, we came up to them to know what goods they had.
Q. Who, besides you, were there?
Mortimore. There were Thomas Smith , Thomas Fletcher , Thomas Hust and Joseph Simpson ; we asked them what they had got; they made answer there was not a drop of it for us; we told them they were mistaken , for we would have it all; they presented their fire-arms, and told us if we came any farther, they would fire through us, (or words to that purpose) we told them the first man that fir'd should die; we rid in to them, then they gave way; we seized much of their brandy and tea.
Q. How came you not to secure the whole?
Mortimore. Either the smugglers, or people that came about us carried some away. The smugglers did attempt to hinder us in carrying the goods away, telling us they would shoot us if we offer'd to take the goods from them; the brandy was in half anchors, some we seized upon the horses backs; some we turned off; there were a great number of people came and took some away.
Q. How much did you seize?
Mortimore. About thirty half anchors; I believe we had near 100, but were hindered carrying it away: we had got several bags of tea upon the ground, but they got them from us: it was packed in oil-skin bags.
Q. Were they all armed?
Mortimore. Many of them were; they had long pieces, I saw no swords.
Thomas Fletcher . I am a riding officer; I was with Mr. Mortimore and the others to the number of five, when we were informed of this gang of smugglers; it was the 14th of Sept. 1746, we saw I believe 30 or upwards, in Southbourne Lanes ; we met with them and seiz'd about 30 half anchors of brandy, and one bag of tea: there were about 40 or 50 horses, some of them were led.
Q. Do you know the prisoner at the Bar?
Fletcher. I know the prisoner, and am sorry to see him here; he was in company.
Q. How came it you did not seize the whole quantity?
Fletcher. We went to attack them, they drew up into a body; we ask'd them what they had
Q. Did they obstruct you in seizing it?
Fletcher. Yes they did, by offering to fire upon us.
Q. Had the prisoner fire-arms?
Fletcher. No, he had not.
Q. Did he endeavour to obstruct you?
Fletcher . I did not hear him speak a word: I saw him with two casks, which I took to be brandy, he came up in the manner the others did, and drew all round in a body together , with an intent not to deliver the goods.
Q. What did they say to you?
Fletcher. They said they would fire upon us if we molested them: the prisoner was at the right hand of the company, the fire arms were on the other side, and I was within four yards of him.
Q. Did the prisoner carry away any of the casks that were seized upon the other horses?
Fletcher. I believe he did not; there was much carried away by the country people.
Both acquitted .
Wilson cast upon his own confession.
Spencer acquitted .
Guilty 10 d.
The prosecutor not appearing he was acquitted .
301, 302. Joseph Waters and Edward Eket , were indicted for stealing one silver watch, val. 40 shillings, one brasil snuff-box made with a silver hinge , val. one shilling, one half guinea , and two and sixpence in silver , the goods of William Bailey , March 9 .
Waters guilty .
Eket acquitted .
That proper steps had been taken, pursuant to the Act of Parliament, to prove the prisoner at the bar a felon convicted, Mr. Samuel Green depos'd he saw the information made by Christopher Barret against the prisoner before Justice Burdus, saw his Worship and Barret sign it, dated Sept. 11. 1747. and he carry'd it to the Duke of Newcastle's office , one of his Majesty's principal Secretaries of state, and left it in the hands of Mr. Alexander Ward : the information and the certificate of Justice Burdus was read in Court, Justice Burdus being since dead.
Mr. Sharp deposed, this information was laid before his Majesty in council at Kensington the 2d of October; and that there was an order of council issu'd out, requiring the prisoner at the bar, with the others nam'd in the information, to surrender themselves to, &c. And there were directions given to cause that order to be published, &c. and likewise I sent a copy of it to the High Shriff of the county of Kent the very next day.
Mr. Edward Owen deposed he received this order from Mr. Sharp, and that he printed them accordingly on the 3d and 6th of October 1747, which was, that he the prisoner and others there named, do surrender themselves, &c. in the space of 40 days from the date thereof.
Mr. Christopher Hill, under Sheriff, depos'd on Sunday the 4th October he received this order from Mr. Winter the High-sheriff for the county of Kent, which he received from Mr. Sharp; on the 10th of October he likewise went and deliver'd it to Mr. Weller , and desired he would send it to Canterbury and proclaim it there.
Mr. Weller, register of the Cinque-port, deposed he received this order of council by the hand of Mr. HullGeorge Collard , direction to do it the same day, who is since dead.
Mr. John Lilley deposed he proclaimed the order at Canterbury in a public place, and fixed up a copy of it in a publick place, pursuant to the act of parliament; but as Mr. George Collard was dead, and no witness in court to prove it was legally proclaimed at Sandwich, the jury found the issues for the prisoner .
304, 305. Thomas How and Joseph Wilson , were indicted for being concern'd with two others not yet taken, in robbing Alexander Robertson on the King's high-way of one handkerchief, value 2 d. one small stay, value 2 d. one tin snuff-box , val. 2 d. one plad sack, val 6 d. his property , Nov. the 30th .
Both guilty of Felony only .
Guilty Death .
Order'd privately to be whip'd .
Williams and Martial, Acquitted .
Guilty of felony only .
March 9 .
315. Ann Dam , late of London , spinster, was indicted for being concerned with two men, not yet taken, in robbing Martha Perry , on the King's high-way, of one scarlet-cloak, value 4 s. one silver thimble, value 6 d. and eleven shillings in money .
March 14 .
Martha Perry . I live in Clare-market; I was coming down Long-lane towards Smithfield, the prisoner at the bar, and two men, were standing at the corner, I asked them the way to the New-market. They bid me cross over to the Rounds. When I had got through the rails, the prisoner was come behind me, and got hold of my cloak, and pulled it, and almost throttled me; then the two men came to me, one of them cut my pocket off; there was in it eleven shillings, and some half-pence, and a silver thimble; I cried out as well as I could. Then John Sergant, the other witness, came up to my assistance. He got hold of the prisoner, she dropped the cloak, and he brought it to me again; he had hold of her; the two men came to him, and told him, if he did not let her go, they would murder him; this was between 8 and 9 o'clock at night.
Q. How came you to take her afterwards?
M. Perry. I was coming down Chick-lane, and I saw her, I knew her again. I went to the Castle at the bottom of the Lane, so I sent for the man, to see if he knew her again; I was sure it was the same. The Constable, that took her up, is here.
John Sergant . I was coming from White-chappel; coming down Long-lane, at this time, to go to Holborn, I heard a woman, when I was at the end of the Lane, cry out in Smithfield, I ran and got over the rails, I saw a woman, she said, she had just been robb'd by two men and a woman, and there they were right before me. I followed them, and overtook the woman just by the bar, she dropp'd the cloak, I took it up, and had hold of her; says I to the prosecutor , is this the woman, says she, it is. I had her in hold about three minutes and an half, or thereabouts, the two men came to me, one with a stick, the other with a stick, and a knife in the other hand; they swore, D - n your eyes and limbs, they would cut my throat, if I did not let the woman go. I let her go; the prosecutor shewed me her pocket where it was cut off at that time, it was as it is now. The prosecutor told me, she was going towards the New-market. We went into an ale-house, and I gave her directions, if ever she found the woman, where to send for me. Last Monday a porter came for me: I went to her; she told me, she had seen the woman, that robb'd her, standing at the end of an Alley in Chick-lane! Said I, stand a while, and we will see if she appears again; we could not see her then, we went away , and came
William Cornelius . I am the Constable, I took this woman, the prisoner, up upon Saffron-hill between 11 and 12 last Monday. I was afraid to go into the Portobello, it being a house of bad repute. I at last sent a person in to drink a pint of beer, to see what men were in the house; he came out, and said, there were no men in there; we resolved then to go in, as I had two or three men with me. As we were going, we met the prisoner coming out, with two men with her. I secured her, and had her before Justice Fielding, who committed her.
Prisoner's Defence. When this man took me, and had me to an ale-house, he said, if I would tell of about ten or twelve more, he would hang them, or else he would hang me.
Guilty , Death .
316, 317. Nicholas Spurling , was indicted for stealing two pair of linen sheets, value 10 s. four table-cloths, value 3 s. three yards of printed linnen, value 6 d. the goods of Steven Harrowsmith . Feb. 20 . And Ann Price , for receiving them, knowing them to be stolen.
Robert Borbam. Nicholas Spurling , the prisoner at the bar, was concerned with me in stealing some wet linnen belonging to Mr. Harrowsmith, the 20th or 21st of February last. We carried them to Ann Price to dispose of. She said, she could not do any thing with them till they were dry; then we carried them to Sir John Oldcastle's , and hid them. We went the next day, and carried them to Hornsey wood to dry, and then brought them home to her about eight o'clock at night . When we went in, there were two men in her house; we went up stairs, and she took what she thought proper; which was one sheet, and three tablecloths , and went out with them; she brought us 4 shillings.
Q. What did she say she had done with them ?
Borbam . She said, she had pawned them; there was one sheet she was to give us 2 s. 6 d. for; she asked us, where we got them, and we told her.
Q. Where does she live?
Borbam . In George-alley by Shoe-lane. I have been at her house several times, when I wanted lodging, being destitute, she directed me first to Black-boy-alley. We gave her two old sheets and a tablecloth. She was to give us half a pint of gin for a piece of flowered linnen. She keeps what we may call a Bawdy-house. In looking over the things, she found a mark on one corner; she took a pair of sizors, and cut it off, and flung it in the fire; saying, Why did you bring it thus? Do you know the danger you expose me to? We told her we did not see it.
Q. Do you know what letters they were?
Borbam . I do not know. She bid us go out, and get more; telling us, she designed to take a house to keep people to go out a thieving; and she thought she might get 2 d. a night of lodgers, as well as others.
Both Guilty .
317. Nathaniel Wingfield , of Wendover in the county of Bucks , Esq ; was indicted for not delivering a Schedule of his effects, according to a late act of Parliament for the Relief of insolvent Debtors .
He having done every thing now, to set his obstinacy to rights, he was acquitted .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death, 11.
Transportation for 14 years, 1.
Transportation for 7 years, 32.
Timothy Sullivan , Thomas Smith , Abraham Steph , Abigail Butler , Elizabeth Comins , Mary Batton , John Chapman , Nicholas Spurling , Robert Cain , Sarah Gardner , Jane Avery , William Barret , William Smith , Emanuel Mills , James Brown , Mary Clark , John Millone , Thomas Perry , Samuel Hobson , William Ellseygood , Dorothy Allien , Elizabeth Cole , Edmund Potts , Elizabeth Burnet , George Dumerick , Elianor Dove , Thomas Nutkins , John Millington , Robert Wilson , Thomas How , Joseph Wilson , and Thomas Strong .
SHORT HAND taught by T. Gurney , Watchmaker, in Bennet-street near Christ-Church, Surrey , the Writer of these Proceedings, who attends every Saturday Evening, from Five till Nine, at the Last and Sugar-loaf , Water-lane, Black-fryers . Half a guinea entrance, and the like sum when the scholar is compleated. He takes down trials at law.