Old Bailey Proceedings, 11th April 1749.
Reference Number: 17490411
Reference Number: f17490411-1

[Note: this edition of the Proceedings was misdated on the original title page. The correct dates for this meeting of the court are MAY 11, 12 and 13, 1749.]
THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Deliver FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX,

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On THURSDAY the 11th, FRIDAY the 12th, and SATURDAY the 13th of April.

In the 22d Year of His MAJESTY's Reign.

BEING THE Fifth SESSIONS in the MAYORALTY of the

Rt. Honble Sir William Calvert , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER V.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1749.

[Price Four-pence.]

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, any farther Burthen on the Purchasers .

THE PROCEEDINGS ON THE

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 DENNISON , Knt. the Hon. Baron CLIVE , Mr. Justice BIRCH, and 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.

London Jury

Edward Shipman ,

John Tookey ,

William Cross ,

John Waite ,

John Wood ,

John Whywall ,

William Walker ,

Edward George ,

Wyant Taylor ,

Charles Chandler ,

George Collard ,

Stephen Collins .

Middlesex Jury.

Benjamin Timbrell ,

John Luttman ,

John Barlow ,

William Seccull ,

William Godfrey ,

William Timbrell ,

William Frith ,

Richard Stenton ,*

George Chapman ,*

* Richard Stenton and George Chapman being taken ill, Thomas Edwards and William Perrit were sworn in their room.

Thomas Caigow ,

David Torrane ,

William Greening .

Reference Number: t17490411-1

318, 319. John Avery and Abraham Hales , were indicted for privately stealing a silk handkerchief from Sir Geleius Pain . Baronet .

May 8 .

Both Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-2

320. Philip Jones was indicted for stealing 8 skains of sowing silk, 18 yards of ribband, val. 7 s. and other Things , the goods of Nathaniel Mertin .

April 9 .

Guilty .

[Branding. See summary.]

Reference Number: t17490411-3

321. Elizabeth Oshorne was indicted for stealing two silver spoons, value 20 s. the goods of Martin Smith , April 15 .

Martin Smith . The prisoner came to my house with her master and mistress, and out of my kitchen she took 2 table spoons; she confess'd it to the Alderman who committed her. The Monday after she stole them, she went to dispose of them in Bishopsgate-street at Mr. King's, there one of them was stopp'd. She confess'd she broke the handle off the other, and flung it down a cellar window in Whitechapel, where I went and found it. Mrs. King confirmed the stopping the spoon at her House.

Guilty 10 d .

[Whipping. See summary.]

Reference Number: t17490411-4

322. Henrietta Maria Hide , late of St. James's, Hanover square , widow , was indicted for stealing 2 Holland shifts, val. 5 s. one muslin apron, val. 3 s. 2 Holland aprons, val. 3 s. and other things, the goods of Charles William Touyn , Esq; and silver spoons , the goods of Thomas Knott , Apr. 20 .

Major Touyn . The prisoner was a servant in my family; I lodged in Hare-street, Piccadilly , with one Mr. Knott.

Q. How long had she been in your family?

Touyn. About six weeks before these things were missing, which was the 20th of April when we missed them. We sent to Mr. Brown, a pawnbroker in Marybone street; we discovered eleven parcels at different times.

Daniel Maclean . I am constable in St. James's parish . I was sent for on the 20th of April to the Major's. The prisoner at the bar was in Mr.

Knott's house, they charged me with her. I took her into the watch-house; she confess'd to me that she had pawned two shifts and an apron in Swallow street; I went there along with her, there the things were delivered to me, which the Major has sworn belonged to his daughter. After that I went to Mr. Brown's, where I had several other things, which he can inform the court of.

Nathanael Brown. Upon hearing the Major had been robb'd, I had a suspicion of the servant's being the thief. I sent to know if they missed any spoons, which they did; then I examined my book, and sent over to know if the other things, brought by the prisoner, belonged to him. There were parcels brought at several times; there was an apron, a tea spoon , 2 clouts, 2 napkins , one apron, one neckcloth, which she confess'd belonged to the Major.

Q. to Major Touyn . Are these goods your property?

Major Touyn . They are , my Lord.

There were two persons spoke well of her as to her former character; and the Major said she came to his house with a very good character, and he hoped she would meet with some favour.

Guilty 10 d .

[Whipping. See summary.]

Reference Number: t17490411-5

323, 324. Lawrence Lee and Peter Murphy , were indicted for robbing John Delaport , on the King's high way near Islington , April 4 .

Joha Delaport . On Tuesday the 4th of April, about eight o'clock in the evening, as I was returning from Cambridge alone, coming by the lower road , Islington, almost opposite Cambray House , I was going a trott, I overtook an ill-looking fellow on foot on my right hand, with a very large stick in his hand; I clapp'd spurs to my horse; I perceived him to make after me, and heard him say some word, which I took to be stop. I was a little surprized. I saw two other men about 40 yards before me, one on my right hand and the other on my left. As I came near them, they ran directly towards my horse; he on my right hand had a cutlass, the other a pistol, which he snapp'd and bid me stop. My horse went from under me and I fell into a ditch; they pulled me out, one of them demanded my money. I gave him my silver, which was about four or five shillings , and a little canvas bag with some French sixpences; they asked me for my watch, which I delivered them.

Q. Was it a silver or gold case?

Delaport . Gold, my Lord. In the interim, there came up a man on horseback; and in hopes it might be some honest countryman, I cried out, For God's sake don't murder me. Immediately he on horseback came up with a great club in his hand, and swore he would beat my brains out if I spoke another word, or did not immediately go over into the field. [ This by their own confession was Murphy on my horse] They all three took me about 40 yards into the field , that is, the two that pull'd me out of the ditch , and the other I first overtook, who was got up to them by that time they had took me to the middle of the road. Murphy was not in the field. They then examined me more closely, and in a little private pocket they took out two rings, one was gold set with diamonds , the other gold, with a picture of the Prince of Wales. They also took a pair of silver wrought buckles ; then they tore off my spurs, one of which I found the next morning; it is amazing how genteely they took it. [the leather was torn off at one end, and the silver spur much bent.] They took a pair of gold buttons out of my sleeves , a handkerchief, a cravat from my neck, then they made me take of my coat, and underneath they took away my green velvet waistcoat, my hanger, my wig, and a silver laced hat; they helped me on with my great coat afterwards. At this time there were two men riding by, I once had thoughts to call out, but Murphy in his confession says, it was a gentleman's servant and himself, he being on my horse, and fearing I should meet with assistance, he rode along with him. Then they made me set down on the grass, and tied both my hands, and forced one of my feet through. There they left me sitting, and told me, if I removed from thence till they returned, they would murder me.

Q. How long did you continue there?

Delaport. About a quarter of an hour, till I was afraid of endangering my health. When I got up, my breeches was unbuttoned, but I made shift to get to Islington, then I was safe.

Q. How came you to hear of your things again?

Delaport . I have been very industrious in advertising, upon which there came a Jew to me with a hanger and belt, which he supposed to be mine.

Q. Was the hanger yours?

Delaport. It was, my lord; I went to the Poultry-Compter where the Prisoner Lee was, he was in a little place. I desired him to come out; he said he new nothing of me, and would not; I had intelligence he lived in a court in Petticoat-lane, I got a search-warrant and took two or three of my servants with me, and we found an Irishman and a girl; I, seeing the man strive to avoid us, ran and seized him by the collar, the girl I found to

be niece to the prisoner Lee, I desired her to deliver the key of the door, which she did after some threats. The first thing I found was my own wig in a box; then I found some powder-horns , and several implements for making bullets; we went down into the cellar where we found two pistols loaded and a hanger, the girl proposed to give us all the intelligence she could; she said one that was not yet taken had play'd at rob thief with the rest; I then return'd to Lee who was in the Counter; I ask'd if he knew James Wood, and if he did not remember the lace waist-coat , which the girl had told me of; she said Wood sent her for sixpence worth of salmon to White-chapel . In the interim he broke open a place and ran away with the two rings and two watches, the one gold, the other silver, the former I suppose to be mine, and a pair of pistols cap'd with silver. She said she had had the two rings on her fingers, and that he told her one was the picture of the king's daughter, and the other was a diamond ring.

Q. What day was this?

Delaport. This was on Sunday; on the Monday I went to Lee and he own'd the fact and begg'd to be admitted an evidence. He impeach'd thirteen besides himself and Murphy, which I have a list of; he own'd he had been guilty of several other robberies. He put on his hat in a particular position, in which he said it was when he robb'd me. On observing it I am confident he is the very man that was on my right hand; he confessed every thing before the alderman, it was taken in writing, and I believe contains three sides of a sheet of paper. I then went to New Prison where I saw Murphy. The Saturday before I told him I suspected he was one of the persons that robb'd me, which he absolutely denied; but when I went to him again and told him that Lee was committed to the Poultry-Compter for further examination, he own'd every thing; that he got on my horse, and threatened in the manner before related, and that he belonged to the gang, and assisted in the robbery, and that he turn'd my horse up again in the yard belonging to the Thatch'd-house, Islington : I had two witnesses that heard him say this, but was not willing to trouble the court; I read the list to him which I had from Lee, and he own'd he had been concerned in robberies with eleven of them .

Nathan Ashur . Lee came to me the 5th of April and another man with him which he call'd James Wood , who had a bundle. Lee call'd me aside, and said he had something to sell that I might get something by; so I went with him in another room. He opened a handkerchief, I saw there a green double-breasted velvet waistcoat, it had gold tasts, and laced before and about the pockets. I was quite astonished to see such a valuable thing ; there was above a pound of gold about it, as near as I could guess; he also shew'd me two rings, one had fourteen little diamonds round a yellow diamond in the middle.

Q. to Delaport . Did that ring answer to any of yours?

Delaport . Yes, exactly my Lord; the other was a picture ring with shell work at the bottom where the picture was set in.

Ashur . There was a pair of gold buttons with crystal stones.

Delaport. I suppose they took them out of my sleeves.

Ashur . He ask'd me if I could sell them for them; said I, these things are valuable; I do not know what to say to it. When I was looking on the waistcoat Wood went out of the house, Lee gave me the rings to sell, but I return'd them him again.

Q. Was the waistcoat wet?

Ashur. Yes, on one side, I can't tell which.

Delaport. As I fell from my horse I fell on my right side, which received some wet.

Q. Do you know of any thing else?

Ashur . On the Sunday he came with this hanger and said he must sell it; he desired me to take it, and sell it not under eighteen shillings. When I had got the hanger in my hand I went to a Constable, gave it to him, and desir'd he would come and take the prisoner.

Stephen Lisle . I am the Constable. Ashur the Jew came to me on Saturday-night to inform me, Lee was to come with something for sale; he came accordingly on Sunday; it was about eleven o' clock; I call'd assistance and took him away, and lodg'd him in the Compter; then I went to the prosecutor, he own'd the hanger, and came along with us; we went to the house where Lee lived, and found a girl, who opened the door; we went in and took out the following things, two pistols deeply loaded, Mr. Delaport's wig, and another wig, a red cloak and a hanger.

Elizabeth Lee . The prisoner Lee is my uncle, I liv'd with him, and all of them that kept the place. Peter Murphy took the house, and they were all to pay as much as he.

Q. How many were there of them?

Eliz. Lee. There were five of them; they wer e very private, I knew nothing of their ways indeed.

Q. Did you see James Wood burn the lace belonging to this velvet waistcoat?

Eliz. Lee . Yes, I did.

Q. Did you see the gold watch?

Eliz. Lee. Yes, I did several times.

Q. Whose hands did you see it in?

Eliz. Lee. I saw them in James Wood 's custody, he put them both on my finger; the one had a picture, the other stones , and he told me one was the picture of the king's daughter.

Lee's Defence . I bought that hanger of a sailor for thirteen shillings, I do not know where to find him now, but I have proof of it, but my witnesses are gone down into Kent last week; the prosecutor says he was robb'd on the 4th of April on a Tuesday, but I have two men to swear where I lay that night, but they are not at liberty to be here to day.

Murphy's Defence. I did not rob the prosecutor at all, or ever take a farthing from him in my life.

Both guilty Death .

Reference Number: t17490411-6

325. Sarah Gorman , spinster , was indicted for stealing a silver tankard, value 6 l. the goods of James Whittle , April 19 .

The prisoner in her defence declared she found the tankard on the step of the door with some milk in it, and no body near it. The prosecutor had before depos'd that his maid-servant remember'd she took it instead of a pan to take in milk of the milk-woman, but she could not remember she brought it into the house, or where she put it.

The prisoner was acquitted .

Reference Number: t17490411-7

326. Thomas Wise was indicted for stealing one perriwig, value 4 s. one hat 2 d. two boxes 2 d. the goods of John Dodd , April 22 .

The principal evidence was William Green , an accomplice with the prisoner in the fact, who depos'd that the prisoner sold the hat for 15 pence, and gave him nine-pence of the money, and the prisoner kept the wig, and had left it in the Bail-dock, and put on a cap to be tried.

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-8

327. James Foaley , alias Johnson , was indicted for stealing three linen shirts, value 10 s. one linen shift, value 5 s. one cloth coat, value 15 s. the goods of Matth.ew Curren , in the dwelling-house of the said Matthew , April 9 .

Guilty of stealing, but not out of the dwelling-house, 10 d .

[Whipping. See summary.]

Reference Number: t17490411-9

328. John Martin , late of St. Paul's Covent-Garden , was indicted for privately stealing one silk handkerchief, value 2 s. the goods of John Buckworth .

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-10

329. Margaret Bryan , wife of John Bryan , was indicted for stealing twelve yards of callicoe, val. 50 s. the goods of Jacob Rees , in the dwelling-house of Edward Redman .

Acquitted .

Reference Number: t17490411-11

330. William Pope , was indicted for stealing 30 yards of flanel, value 30 s. 100 yards of muslin, val. 8 l. the goods of John Hopley and others, May the 3 d .

John Hopley . I am a hosier, and deal in most sorts of woolen goods ; this parcel of goods was directed to me, coming by the Rochester-coach, I receiv'd a letter of their coming, but the night they came to the inn I had word brought me by the porter of the inn that they were stolen.

Richard Stradwick . I am the Rochester coachman, I did not come with the coach that day, but I was then at the Spread-eagle in Grace-church-street , and help'd down with the goods.

Mary Medcalf . My husband is a porter and bookkeeper. On Wednesday-night the 3d of May these goods came in to Mr. Hopley and Company, Hs, by the coach, while I was stooping to read another direction, this parcel was lying part in the warehouse, and part out; I saw the prisoner at the bar take the parcel by one corner I was surpriz'd, and follow'd him, but had not power to call out for help; he drag'd it about twenty yards ; at last I cry'd out , stop thief! and some persons there seized him.

Prisoner's Defence. I was going to do my occasions in the yard, this parcel stood up on one end, and fell down, and she call'd out, thives directly, and they came and took hold of me.

Guilty 39s .

[Transportation. See summary.]

Reference Number: t17490411-12

331. John Sparks was indicted for stealing twenty pence in money, the goods of Thomas Webster , in the dwelling-house of the said Thomas Webster , April 30 .

Acquitted .

Reference Number: t17490411-13

332. John Tyler , was indicted for stealing 30 calf skins, value seven pounds , the goods of Joseph Adamson , Jan. 19 .

Joseph Adamson . I am a currier , I live at London-wall the corner of Alderman-bury . On Jan. the 19th I lost 30 calf-skins out of my shop between five in the evening and six the next morning: I advertis'd them the 21st, and on the 23 d they

were stopp'd upon Tower-hill, I went and told the marks, and carried some of the same parcel with me, and they appeared to be my property .

Eliz. Wakefield. I live with Mr. Howel, the prisoner brought my master some skins to sell about the 20th of Jan. as near as I can guess, there were six of them; he ask'd 20 s. first, but he was to have 15 s; for which reason Mr. Howel did not think the goods were honestly come by. We would have stopped him but he got away, and never came to ask after them, altho' he had told us before that he was a master-currier , and kept six men at work, adding, his name was Attwood and liv'd in Walnut tree Alley, Bishopsgate-street .

Prisoner's Defence . I went to buy a little boy a pair of old shoes , going into Rosemary-branch alehouse to call for a pint of beer , it rain'd. There was a man had got a skin or two on the table, he seeing me to be a shoe-maker, ask'd me if I could sell them for him; I went round to many shoemakers to sell them; he said he lived in Houndsditch ; and that his name was Attwood ; I return'd and told him I could not sell them; then he said, take the skins and try them, which I did, but I never saw the man before or since.

Guilty of Felony.

[Transportation. See summary.]

Reference Number: t17490411-14

333. John Cundict , was indicted for stealing one silk handkerchief, value 1 s . the goods of Daniel Bane , May 10 .

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-15

334. Elizabeth Phillips , spinster , was indicted for stealing one man's great coat, value 2 s. 6 d. the goods of George Leatherdale , May the 5th .

Hen Matthew. I am a scourer. Mr. Leatherdale who lives near Aldgate, gave me this coat to clean, I laid it down on the end of the Counter, going a little time into the yard. When I return'd it was gone , I saw the prisoner about four or five doors off, and went and took it from her.

Prisoner's Defence. I have nothing to say to it; I have no witness nor he either .

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-16

335. Robert Griffin , was indicted for stealing one cloth great coat, value 10 s. and a leather hood, value 1 s. the goods of John Barnard , April 18 .

John Barnard . I was in the coach going on the back of the Exchange, and another man on my horse, my great-coat being fasten'd to the saddle with two straps where it was cut off.

John Nail . I know the prisoner is the person that cut it off, and was found upon . I was present when he was search'd and found it upon him. We were coming to London, Mr. Bernard took a post-chaise and I rid his horse, when we came into Threadneedle-street , I look'd back and all of a sudden the coat was cut off the horse I was upon; I saw a man run away across the street. I cried out, stop coach, I am robb'd, I got off the horse, and these two other witnesses brought the prisoner with the coat upon his arm .

George Birch . Tuesday the 18th of April, about nine o'clock in the evening, my man and I were going home, having done the work, and betwixt the Ship-tavern behind the Exchange and Mr. Winman's punch-house, the prosecutor was in a coach , and the other witness on horseback: there was the prisoner on the off-side the horse, and another on the other side that cut the leather straps, and the prisoner took the coat and pushed by me under the plazzas ; he ran up Castle alley , and I follow'd him, and near the Popes head tavern I took hold of him , and carry'd him to the tavern and secur'd him; he had the coat under his arm, and the leather hood was in the pocket.

William Hillier . His servant depos'd to the same effect.

Guilty of Felony.

[Transportation. See summary.]

Reference Number: t17490411-17

336. Martha Hall , spinster , was indicted for stealing one gold watch, value 10 l. a Pinchbeck mettle chain, value 5 s. a blood-stone heart, and philosopher's stone egg, value 5 s. and other things the goods of Mary Brooker , widow, in the dwelling-house of the said Mary , Sept. 15 .

Mary Brooker . I am a milliner , and have a room within my shop where this watch was hanging up; I left my journey woman at home; when I came home my watch was gone, and these things hanging to it; my journeywoman told me no body but the prisoner at the bar had been there since I went out. I have known her for some years , and she knew she had never a friend in the world like my self. On the 22d of April, having by that time some little suspicion of her, I took a gentleman with me and went over the water to the farther end of Tooly-street; she came home with me to my own house; she first said she sold it for a guinea ; then she said she had pawn'd it for a guinea ; we went all three to the pawnbroker's, and charg'd him with it, and there was no such thing , she never brought it; then she fell down on her knees and wrung her hands , and said it was gone, and I should never see it more, saying she sold it on the Custom-house key, to a man in a white cap; she ask'd him three guineas for it, and he offer'd her two; he call'd to a man in a jacket and trowsers bring a light to look on it; after which he gave her three guineas .

Roger Griffin confirmed the same, beginning at the 22d of April.

Sarah Simm . My mistress left me in the shop, September 15, about ten in the morning the prisoner came; I wanted to step up stairs and left her in the room where the watch hung; I staid about a quarter hour; I found her by herself when I came down; after she was gone , going to see what was o'clock, it was about four I missed the watch.

Guilty of stealing, but not out of the dwelling house. 39 s .

[Transportation. See summary.]

Reference Number: t17490411-18

337. Elizabeth Williams , alias Emerson , wife of John Emerson , was indicted for stealing 2 gause handkerchiefs, val. 4 s. the goods of John Green , April 2 .

Guilty 10 d .

Reference Number: t17490411-19

338. Dorothy Gale , was indicted for stealing one linnen sheet, val. 2 s. (from her ready furnished lodgings) the goods of Elizabeth Edwards .

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-20

339. Charles Paxton , was indicted for stealing 2 pair of leather breeches, val. 9 s. the goods of George Usher , May 2 .

George Usher . I am a breeches maker ; the prisoner has worked with me this three years: I have miss'd breeches several times, when I taxed him he confessed he had stole three pair more than is in the indictment. I always took him for an honest man before.

Edward Timbril . I was present when the two pair of breeches were found, and heard him confess, as before mentioned, stealing three pair more.

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-21

340. George Iberbeen , was indicted for stealing 2 guineas, the goods of John Dunn , out of the dwelling-house of Henry Clark , April 2 .

All that was brought for proof was, he had the keeping of a key, which was his master's property, which would unlock the prosecutor's box, where the two guineas were lost from.

Acquitted .

Reference Number: t17490411-22

341. James Penoroy , was indicted for committing a rape on the body of Mary Batty , an infant between nine and ten years of age .

Mar. 5 .

Sarah Batty . I am the mother of the child. She was born the 21st of January in the hard frost, it was nine years old last January. I live at the sign of the Crown, near the Vinegar Merchant's, in Worship street, near Hog-lane . The child did not complain of any hurt till the Friday after the 5th of March. I asked her what was the matter? She said, she was sore, and then complained sadly. I applied fuller's earth to her, thinking that would cool her, looking upon the disorder to be the scalding of her water.

Q. Did you inspect the parts ?

S. Batty . She appeared very red. She told me there was something more, for something ran from her ; she showed me a cloth she had put to her that night , which I have here; her shift was the same . I was surprized, and sent for a midwife who lived near me that afternoon; who, upon seeing her, told me, she feared the child had been abused by a man, for she had the foul disease. I would not believe any such thing, saying the child never went out of my house , and I had but two men lodged in the house, who I thought would never be guilty of such a thing; I thought I could trust my life with either. When she came again on the Tuesday, I said, I hoped the child was better, for she was easier; but my neighbour told me she was a great deal worse; and desired me to apply to a proper Doctor. Then I applied to Dr. Wathen , he is a Man-midwife and Doctor; I told him I thought my child had over-strained herself; he looked at her and said the child is foul. I was very much surprized, because she was never from under my care; he said it must be through the abuse of a man. The child still denied that ever a man had meddled with her, because, as she told me afterwards, he had threaten'd her life if she did tell.

Mary Maclemara . I have had many children, and have laid many women. The mother sent for me on the 10th of March; she told me her child was very bad and had a running upon her. I looked at her shift , it was as stiff as buckram with corrupted matter. She said she had had a strain. A strain indeed , said I, the child is foul; said I, it is through the abuse of a man: said she, I have but two men in my house, and I never trust my child out of my house . She desired I would come of the Sunday; but I did not go till Tuesday the 14th. She said the child was better. I searched her by order of the Doctor the 18th.

Q. How did you find the child then?

Maclemara . She was very red; I saw the running come down from out of her body.

Q. What did you think was the cause of it?

Maclemara. I do really believe it was done by the abuse of some man.

Cross examined.

Q. Supposing a grown man had laid with a girl about nine years old; is it possible it should not be shewn by her walking before this time?

Maclemara. I should think it must.

Q. Was there any swelling?

Maclemara . No.

Q. Was she torn?

Maclemara . No.

Q. Have not you known as bad symptoms as that child's, which only proceeded from heat and strains?

Maclemara. No, no; it could not be done by a strain; it was such a gross humour that it was impossible.

Q. Did you never hear of children being so without the abuse of a man?

Maclemara. I have heard talk of such things, but I never saw such a case.

Q. Did you never know girls at fourteen or fifteen years of age that have had gleetings and runnings upon them, that proceeded from strains?

Maclemara. I cannot say I did.

Q. Who was this child's bedfellow?

Maclemara . I cannot tell.

Q. to S. Batty. Have not you a son about 15 years of age?

S. Batty. Yes, I have.

Q. Did he not frequently lie along with this girl?

S. Batty. I, having a large family, have laid them in one bed sometimes.

Q. When was the last time?

S. Batty. He did not lie with her that week she was hurt; nor can I say he did the week before. They being brother and sister, I did not think any harm in so doing; he is now in court ready to be searched, if required.

Q. to Maclemara . Did you look upon the linen?

Maclemara . Yes, I did.

Q. What colours did you observe there?

Maclemara . There was red and white mixed.

Q. Was there no green?

Maclemara . I cannot tell.

Jonathan Wathen . I am an apprentice to my brother. I attended the child more than he did.

Q. How long have you been an apprentice?

Wathen . About four years.

Q. Have you attended any in the foul disease?

Wathen . Yes, many, my Lord.

Q. Give us an account what you know of this child;

Wathen . About the beginning of March last, the parent brought the child to our house; and talked of a rape committed on her, and that she had the soul distemper. Upon which my brother and I examined the clothes that had received the matter that came from her; and from its quantity, colour, and malignity , is it really the foul disease in both our opinions ; upon which we did prescribe things proper for her.

Q. How is the child now?

Wathen . All the bad symptoms are abated, and the child in a good way of recovery; I attended her ever since, and she has got a running on her now.

Q. What colour is it?

Wathen . White; which is what we apprehend a very good colour.

Q. Did you ever inspect the parts of the child ?

Wathen. Yes , my brother and I inspected her last Monday.

Q. How did you find her?

Wathen . The external lips of the womb are extended beyond their natural dimensions; the internal parts were very much inflamed, which, I believe was from the acrimony of the matter. I saw the running proceeding from the womb.

Q. What was this matter?

Wathen . The soul disease , very bad indeed.

Q. By what means were the parts extended?

Wathen . I believe by carnal copulation with a man .

Q. Do you think there could be the foul disease given to any child without penetration?

Wathen . No; not to make its appearance in that manner .

Q. Could there be any such thing acted on a child of that age, as a penetration without being lacerated by a man grown up?

Wathen . Yes, Sir, I really think there may. I believe a man may copulate with a child of that age by introducing himself a little way without a laceration.

Q. What do you mean by a little way?

Wathen . Far enough for emissio .

Q. Are there not other means of communicating the soul disease than by penetration?

Wathen . Yes; but then it would not make its appearance in this kind.

Q. Is it not possible that a small degree of disorder may be communicated without emissio , the man being foul?

Wathen . That is not an impossible thing; there are many who catch diseases of this sort where there is no running.

Q. If a man has a running, can that communicate itself to a child without emissio ?

Wathen . Yes, it may .

Q. to S. Batty. Do you know Mr. Herson , the Attorney?

S. Batty . Yes, I do. He was concerned for me; he acted by my husband's and my advice, because the prisoner's friends wanted to make it up; but my husband would never yield to it. They offer'd us ten pounds upon the nail, and to pay all costs and charges.

Mary Batty , the infant, sworn.

Q. Who was the person that hurt you?

M. Batty. The man in a white coat at the bar.

Q. Give us an account of what he did to you?

M. Batty. I had been up stairs to shift me, and had broke the tag of my lace, so that I could not lace myself. The woman below said, come to me and I'll lace you. I went down into her chamber; and when I was going up again the prisoner called to him.

Q. What did he say to you?

M. Batty. He said, come hither, I want to speak with you; I'll give you some money. He wanted a pint of ale, but I did not care to draw it for him, for he owed my mother some money. I went to him for the money he said he would give me; he was laid down on his bed in his own room; he took hold of me and laid me on the bed, and put one hand on my mouth, and with the other unbuttoned his breeches, and I thought he ran his double fist up my body.

Q. Did you feel any thing wet then?

M. Batty. Yes, I thought he made water in me. He told me, that if I told my father or mother, he would make them half murder me, and if they did not he would quite.

Q. What day of the week was this?

M. Batty. It was on a Sunday between eleven and twelve o'clock.

Q. Where was your mother then?

M. Batty. She was below stairs then; the house was full of people.

Q. Why did you not cry out?

M. Batty. He held his hand to my mouth and I was almost strangled; and as he had threatened me, I was afraid to tell afterwards.

Q. What happened after this?

M. Batty. On the Friday following, my mother thought I walked comically. My mother said, what is the matter with you. Said I, I am so sore I cannot walk. Says she, why don't you make a plaister of fuller's earth, and put it to you. She went up stairs into her own room , and I followed her; she looked at me, and was frightened to see what came from me; then she sent for the midwife.

Cross examined.

Q. How many pair of stairs was it up where he used you so?

M. Batty . Two pair of stairs, Sir.

Q. How many rooms on a floor?

M. Batty. There are two rooms on a floor; there is a lodger and his wife on the first floor.

Q. Were they at home?

M. Batty . They were dressing there dinner, I went to her to be laced. This was under the room where the prisoner used me so.

Q. Did you keep your bed upon this?

M. Batty. Yes, I did; I was once so bad I could not get out of my bed.

Q. Was not you once looking out at the window, and your mother called you away; telling you to keep private, or that you would swear your father's or mother's life away instead of the prisoner's?

M. Batty. No, she never said any such thing. I know nothing of the matter.

Q. Do you know one Frances Bletsoe ?

M. Batty. Yes, Sir, she lived servant with my mother.

Q. Did you keep your bed before, or after that Friday your mother searched you?

M. Batty. I lay a bed a good while on the Wednesday, but I did not say what it was for.

Q. How long after this was done was it, before you went down stairs?

M. Batty. I believe it was about a quarter of an hour.

Q. Did you cry when you went down ?

M. Batty. Yes, I did, but it was a very cold day; and when my mother asked me what I cried for, I said I was a cold.

Q. to S. Batty. Did the prisoner owe you any money at this time?

S. Batty. Yes, he did, about 25 shillings, and has not paid me since; it was for victuals, drink, &c.

Q. to M. Batty. Did you put a clean shift on between the Sunday and the Friday following?

M. Batty . No, I did not.

Prisoner's Defence. This is a malicious prosecution; a piece of spite: I know nothing at all of it: I never had a pint of beer at that time.

Frances Bletsoe . I lived with Mr. Batty in March last.

Q. Tell us what you know of this matter?

Bletsoe . On the 19th of March, Mrs. Batty said to the child, when you come upon the trial, be sure to say, that I sent you to see what it was o' clock, and it wanted three or four minutes of eleven; and she bid her say it was done when she went up to shift herself. Then another time, the Thursday following, I went up stairs and the child was a bed; I asked her how she did; she said, her mother bid her say she was a great deal worse; and if the child was heard to speak louder than ordinary, or was looking out at the window, her mother used to send me up to ask her, whether she did design to hang her father and mother instead of the fellow ?

Q. What do you apprehend was the meaning of that?

Bletsoe . I think she was kept a bed on purpose.

Q. Was there not a son to Mr. Batty fifteen years old, who us'd frequently to lie with this child ?

Bletsoe. Yes, he did lie in the same bed with her.

Q. Did you ever search the child ?

Bletsoe. I did once before the prisoner was taken up; and she was not swell'd nor torn no more than the back of my hand , nor red neither.

Q. Had she a running?

Bletsoe. Yes, she had a running.

Q. Was that occasioned by a strain?

Bletsoe. I cannot say whether it was or no.

Q. How long have you been gone from Mr. Batty's?

Bletsoe. About six weeks. I had warning before this thing happened, and I stayed my time up.

Cross examined.

Q. Is the brother very orderly?

Bletsoe . He is well enough while near his parents; I know not how he is when he is out of their sight.

Q. Was the prisoner a well-behaved modest man?

Bletsoe . I never saw any harm in him, more than I do now in any one here.

Q. Was he not addicted to women?

Bletsoe . Not to my Knowledge.

The Court made enquiry if there was ever a Surgeon in court, upon which Mr. Guy answered.

Richard Guy . I am a Surgeon.

Q. How long have you been in the business?

Guy. Seven years for myself next Midsummer. Court. Take Mary Batty into a proper place and inspect the parts, &c.

He, the child, and the child's mother, went into a room together; when they returned

Guy. I have inspected, &c.

Court. Pray give us your opinion of the case.

Guy. There is the appearance to me, as though the child had been ravished by somebody, or other. As to the foul disease, I am ready to think the running she has is only the consequence of the lacerated parts; but I do not put it upon a certainty that it is so I have seen a great many children brought into the hospital; and it is usual for people to say it is venereal, when it only proceeds from an inflammation; but I cannot tell so well as the gentleman who had the first inspection on the child. It is certain, it appears to me that the child has been lacerated; and it is my opinion she has been carnally known by a man.

Q. Give us your reasons for your belief ?

Guy. The part is distended beyond what it should be for a child at her age: It is impossible it should be so without force.

Cross examined.

Q. Do you think it possible, if a full grown man was to lie with such a child, but it should be immediately discovered by its gate?

Guy. I think it must: The child must have been so much inflamed I think it would be difficult for it to go about.

There were five persons who spoke well as to his former character.

Guilty Death .

Reference Number: t17490411-23

342. Bryan Jackson , was indicted for stealing one gold ring, val. 10 s. one pair of leather breeches, val. 5 s. one pair of silver clasps, val. 2 s. one half guinea in gold, and 14 shillings in silver, the goods of John Bell , in his dwelling house, March 19 .

John Bell . I live at Hackney . I lost these things mentioned in the indictment, March 19. between twelve and two in the afternoon; they were taken out of my drawer. I found the breeches on the prisoner.

Q. How came you to suspect the prisoner?

Bell. He had lodged in my house. He paid my wife on the Friday, and on the Monday following he came and robbed me; he left an old pair of leather breeches in the room. Upon which I pursued him as far as Horn Church, and there took him with my breeches on. Then he told me how he got in my house, and what he had done with the other things.

Mary Bell . Deposed the same.

Guilty of the indictment.

[Transportation. See summary.]

Reference Number: t17490411-24

346. Patrick Hayes , was indicted, for that he with several others not yet taken, did break, and enter the dwelling-house of Jane Frances , widow , and stealing out from thence one linen pocket, val. 6d. three iron Keys, val. 6 d. one pair of spectacles, val. 6 d. and 5 s. in money, the goods of the said Jane, and one cambrick handkerchief, val. 3 s. and 9 s. in money the property of Jane Edwards , Feb. 8 .

Jane Frances . I live at Farnham-court, Pancrass . The prisoner was my weekly servant-man , but had been gone away a little time; he went away on the Saturday, and I was robb'd on the Wednesday following. I keep a farm and cows; they broke into my house between three and four in the morning; they went into the maid's room, and her screaming out awaken'd me; then I seream'd out at my window. There were three of them came into my room, and found me last of all . They pull'd me from the window and flung me down in another room and trod upon my neck, then their cancle went out. They had taken the opportunity to take my man's candle from him as he was going to seed the cattle. I had not sight of them to know any of them but by the prisoner's own confession. His confession was taken in writing, wherein he says he brought the others a night or two before, and they went round the house and could not get in; and at last he thought of this method, knowing the time that my servant man goes out to serve the cows, to be there ready, and by that means they could get into the house, and take my servant's lanthorn.

Jane Edwards . I live servant with Mrs. Frances .

Court. Give us an account of what you know of it?

J. Edwards. I was lying in my bed, and there came four or five men into my room, one stood by my side with a candle in his hand: they ask'd for my mistress and her money; I was frighten'd and did not speak to them; then they broke my three boxes open.

Q. Did you know any of these men?

J. Edwards. Yes, my lord, it was Peter Murphy that stood with the candle in his hand by the bedside ; then they tied a handkerchief about my neck and drag'd me out of bed all over the rooms . I jump'd up to the window and cry'd out, thieves; then two or three of them took me from the window and abus'd me sadly; they beat and almost choak'd me: I have been under the Doctor's hands almost a fortnight. They found my mistress at last , and they left two men to guard me: I screamed , out all the time, and they serv'd me the worse for it; then their candle went out, the people at next door were getting up, so a man below whistled to them, and at last hallowed; then they went down, and so went away: I saw them drag my mistress out of her room, they had a candle lighted till then, and likewise I saw them put her down and tread upon her. When they were with me in my room they prevented my seeing as much as they could. They put a petticoat about my head to hinder me from seeing.

Q. What did they take of yours?

J. Edwards. They took out of my box 9 s. in silver, four caps, three handkerchiefs and a cotton gown. I do not know I saw the prisoner, but by his own confession.

Thomas Stevens . I was going out of my mistress's house, as usual betwixt three and four o'clock on Ash-wednesday morning going to serve the cattle, these men took the lanthorn from me, and clap'd a pistol to me, and desir'd me not to speak a word. This was in the yard, they desir'd me to open the spring-lock, but I could not; then they threatned to cut my throat if I did not.

Q. How many was there of them?

Stevens. I do not know; there were a good many of them.

Q. Did you see the prisoner there?

Stevens . Not to know him; I did not know any of them, it was very dark, they tied me to a post at the door, and last two men to guard me; they opened the window-shutter with an iron paddle, and went in at it, and took the lanthorn in.

Q. How long was you tied to the post?

Stevens . About half an hour. When they came out again, they came to the best of my knowledge, some out at the window and some out at the door. They opened the door when they got in.

Justice Fielding's clerk deposed he saw the prisoner sign his own confession, and he did it freely. It was read in court , and the contents of it was, that he, in company with Peter Murphy , John Clark , Luke Welch , and another, who went by the name of Lame Anthony , went, and broke open the dwelling house of Mrs. Frances, Feb. 8. in the morning between two and three o'clock; that Luke Welch and Lame Anthony stood at the door while the rest went in at the window, and that they took fourteen shillings in silver, and some other things; and that he was as sober as he now is.

Prisoner's Defence . I am a poor innocent young fellow; they took me up and persuaded me to sign that paper when they had made me stupified .

I was a foolish young fellow , and lie at the court's mercy.

Guilty Death .

Reference Number: t17490411-25

343. Thomas Bavin was indicted for stealing a silver pint-mug, value 50 s. the goods of Joseph Warwicker , April 17 .

Joseph Warwicker . I live at the sign of the Nag's-head in Carnaby-market . I lost a silver pint-mug out of my house the 27th of April, the day the fire-works were exhibited in the Green Park, between twelve and four o'clock. I will not swear the prisoner is the man that I serv'd with threepenny worth of bumbo in it, about that time of the day, but to the best of my knowledge , it was somewhat like him. That person had a green cap on.

John Lyon . I am a constable. I had a warrant against the prisoner at the bar, for a silver tankard lost out of the Sun and Bull in Oxford-road: we search'd his lodgings in Winamill-street and found a loaded pistol and a green cap , as the prosecutor before mentioned. We went to several houses in Covent-garden and Broad St. Giles's; when we came near his lodgings we saw him. Mr. West said he was the man he wanted . The prisoner walked a great pace; we followed him pretty close, he went into Marybone fields , and I call'd to him, saying, I wanted to speak with him, and desir'd he would not hurry so fast: we still kept going on; instead of keeping the road, he got over a stile and turn'd on the left hand, and threw something from him: there was at that time some low pales between us , but I saw it rise above the pales, and it appeared as it was up much like a silver-mug. I then ran and got over the stile, he stood still by a pond, and I took hold of him, and saw the circles in the water made by the thing he toss'd in: said I, you are my prisoner; and Mr. West, here is your tankard: I believe I order'd a boy to go into the water for it and gave him sixpence: I flung a stone to direct the boy to the place, the motion was on the water, and within a yard of where the stone fell the boy took out this pint-mug. I will not swear this is what the prisoner flung in; but I have no reason to think the contrary: here is the weight on the bottom, and letters which the prosecutor described before he saw it.

Mr. West. Depos'd to the same effect, being along with Mr. Lyon ; but being behind him, saw only bubles in the water: he also advertis'd it, and it was own'd by the prosecutor.

Prisoner's Defence. I never was at Mr. Warwicker's house, nor do I know where it is. I was in the Green Park that day from twelve at noon 'till the next morning, but I have no witnesses.

Guilty 39 s .

[Transportation. See summary.]

Reference Number: t17490411-26

344. James Brown , alias Thompson , was indicted for stealing fifteen yards of linen cloth, value 15 s. the goods of Elizabeth Ball , Spinster , in the shop of the said Elizabeth , April 17 .

Eliz. Ball. I keep a linen-draper's shop . The prisoner at the bar and a woman with him came into my shop the 17th of April, and asked for some check, I shewed them some: the woman took up a shirt that lay on the counter and ask'd the price of it. My sister shewed her the piece the shirt was cut off from; she bought a piece for a pair of shift-sleeves, and put down half a crown, and as I was looking for change the man went out of the door; my sister saw something under his coat. He staid about four minutes, and came in again, and asked the woman if she had not bargained, and they went out together: as soon as they were gone, my sister said, that man has took something out. I miss'd a piece of cloth in a moment. My sister ran after him, and I call'd the maid and sent her after them.

Sarah Minshaw . The prisoner came to my sister's shop and took the piece as before-mentioned, I went after him, saw him and he saw me. I followed him into St. Giles's Vinegar-yard; by that time there was a person came after me crying, stop thief! she was our maid, my sister had sent after me; for I had not courage enough to call out; then he ran, and I call'd out, stop thief! he ran into a publick house, I went after him and took him, but he had nothing at all upon him.

Prisoner . I have lost two bones taken out of one of my feet; I cannot run at all.

Minshaw . He ran faster than I could.

Mrs. Jones. I live in Peter's-street, Bloomsbury.

The prisoner came into my house on April the 17th, between five and seven and call'd for half a quartern of rum. He followed me and drank the rum, and let the glass down in a great hurry, and said something I could not understand, took this piece of cloth from under his coat, did not pay for the rum but left the piece of cloth. I concluded he designed to pay for the rum when he fetched the cloath; I thought that might be what he said, though it was spoke so low that I could not hear it perfectly .

Q. to Eliz. Ball. Is this bundle of clothes yours ?

Eliz. Ball. It is, my lord.

Q. to Mrs. Jones. How far is your house off from Eliz. Ball's shop ?

Mrs. Jones. They are not twenty yards from each other .

Q. to Minshaw. Had the prisoner a bundle under his coat the second time he came into the shop ?

Mirshaw . He had not .

Ann Day . I live in the Vinegar-yard; I saw the two women crying stop thief, and saw the prisoner run, I ran and cry'd the same; he turned the corner and ran into an ale-house; he went directly through the house into the ground is made to go into the necessary house; but there was an old woman there, so he himself behind it, from whence the constable took him .

Guilty 4 s. 10 d .

[Transportation. See summary.]

Reference Number: t17490411-27

345. John Darling , late of St. John's, Hackney was indicted for stealing 37 pounds weight of lead , the goods of Ann King , widow , May the 5th .

The indictment not being laid as an offence against the form of the statute, in that case made and provided, he was acquitted .

Reference Number: t17490411-28

346. John Hoe , alias Jones, alias Young, alias Blackhorne , was indicted for stealing one silk handkerchief, value 2 s. the goods of Peter Moulson , April 26 .

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-29

347. Elizabeth Scott , wife of John Scott , was indicted for stealing one silver pint-mug, value 36s. the goods of John Langton , March the 27th .

Guilty 10 d .

Reference Number: t17490411-30

348. Hugh Toffe , had three indictments against him for forgery; one a note for the payment of 200 l. under the hand of Thomas Stotten , and for publishing it, knowing it to be forg'd: a second note for the payment of 20 l. under the hand of Thomas Stotten , and also for publishing it knowing it to be forg'd: and a third for forging the last will and testament of one John Russel , a sailor . April 16, 1736 , in order to defraud his Majesty, and for publishing the same, knowing it to be forg'd .

There was not any thing depos'd that seem'd to affect the prisoner; but it seemed rather the artifice of Usher Gahagan and Terence Conner , (against whom he was a principal evidence in the Jan. Sessions last) either to take him out of their way or invalidate his evidence, &c.

He was acquitted of each.

Reference Number: t17490411-31

449. Martha Garret , spinster . was indicted for stealing two gowns, value 5s. a sette bed, value 10 d. a cameo petticoat, val. 2 s. the goods of John Laninecre , May 4 .

Acquitted .

Reference Number: t17490411-32

350. Margaret Scot , was indicted for stealing four China bowls, val. 5 s. one tea-chest, val. 5 s. one China plate, val. 2 s. the goods of Abraham Lardon , April 16 .

Abraham Lardon . My parlour was robb'd April 16: I live in Holborn, King's head-court , and I had more things than are mentioned in the indictment. By making some complaint I had been robb'd. there was a person came to me and told me she could help me to my China, saying Mr. Unwin, that honest man a thief catcher had it, and he lives at the Magpye-tavern without Aldgate. As soon as I went into his house , he said, What will you please to drink? said I, we come to search your house: said he, you have no occasion to search my house, I know what you are come upon; and said, I'll fetch you the China, which at first he said he bought; then went up and brought down four bowls, his wife the plate, and the prisoner the tea-chest, which he had kept by him almost three weeks ; which he said he design'd to have advertiz'd .

Q. Did you search the house ?

Lardon. No , they brought them without giving me the trouble .

Samuel Unwin . The prisoner at the bar brought this China into my house; I was not at home at the time ; it was desir'd to be set by . My servant took it and the other things: they never were offer'd to me upon sale upon any account whatsoever; I did not know they were in my house till the next day.

Q. What time were they brought in the day before ?

Unwin . In the evening.

Q. Did not you suspect these things to be stolen ?

Unwin . I did before they were chalanged, and stop'd them .

Q. Did you inquire of the prisoner how she came by it ?

Unwin. Yes, I did .

Q. Where was she then?

Unwin . In my house. I keep the Magpye-tavern without Aldgate ; she came to ask for them, and I said I would stop them 'till I knew how she came by them; she said they belong'd to her master and mistress, saying, they had sent them out by her . When these

people came in they said they wanted some China and a tea-chest which I had stop'd, so we carried them into the kitchen, where the prosecutor was .

Q. How long had the prisoner lay in your house?

Unwin. Three nights .

Q. What time did you take her up?

Unwin . I let her lie two nights in my house out of charity , that was Wednesday and Thursday , on the Friday I stop'd her in order to know how she came by them.

Q. Upon your oath do not you see counsel for the prisoner in this prosecution ?

Unwin . I did not think any harm in that; I do .

Prisoner's Counsel. My lord, I receiv'd a guinea from this witness to plead for the prisoner at the bar.

The prisoner acquitted and Unwin committed to Newgate, and the next time the Grand Jury came into court they brought the following presentment, which was read.

12th of May, 1749 .

We the Grand Jury for the city of London, do most humbly and unanimously present, that Samuel Unwin of the parish of St. Botolp, Aldgate , London, vintner, now and for the space of two months last past, has kept an ill-govern'd and disorderly house, call'd or known by the name of the Magpye-tavern , situate in the said parish without Aldgate, that for the sake of wicked lucre and gain, he, during all the time aforesaid has harboured and entertained, and still harbours and entertains divers rogues, thieves, vagabonds, and other loose and disorderly persons in his said house, as well by day as by night, and that the said house ought to be suppressed, it appearing to us that the said Unwin's farther continuance to keep the same, must greatly tend to the corruption of the morals of youth, to the great endangerment of the publick safety, and to the great terror and nusance of all his Majesty's liege subjects inhabiting thereabouts .

Signed by the names of all the Gentlemen of the Grand Jury .

Reference Number: t17490411-33

351. William Chitty , was indicted for stealing one linen shirt, value 1 s. the goods of Thomas Ashur ; one linen shirt, val. 1 s. the goods of John Acton , May 4 .

Guilty 10 d .

Reference Number: t17490411-34

352. William Stoakes , was indicted for stealing one man's hat, value 1 s. the goods of Thomas Andrews .

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-35

353. John Wright Nemark , was indicted, for that he together with George Stracy , not yet taken, and Benjamin Henry , did break and enter the dwelling house of John Leydon , and stealing out thence one damask table-cloth. val. 10 s. nine napkins, one silver streamer, and other things the goods of the said John Leydon , Dec. 26 .

The only evidence here was Benjamin Henry an accomplice.

The prisoner was acquitted .

Reference Number: t17490411-36

354. Elizabeth Pavet . widow , was indicted for stealing one holland shirt , one lac'd mob, one linen gown, two silver tea spoons, and other things the goods of Charles Bine , April 27 .

Guilty 10 d .

[Whipping. See summary.]

Reference Number: t17490411-37

355. George Jaques , was indicted for stealing two damask clouts, val. 6 d. two silver teaspoons, val. 6 d. one silver correl, val. 2 s. 6 d. the goods of Thomas Hide .

Guilty 10 d .

[Whipping. See summary.]

Reference Number: t17490411-38

356. Eliz. Hand, alias Pletcher . was indicted for stealing one linen shirt, val 3 s. the goods of Patrick Macartey ; one linen shirt, val. 3 s. the goods of Isaac Shepherd , and other things , April the 26th .

Margaret Pope . I am a washerwoman, the prisoner stole these goods from me and pawn'd them a fortnight ago; she own'd it before the justice and constable , and by her direction I found them again.

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-39

357. Catherine Conway , late of Dublin in Ireland , wife of Richard Conway , was indicted for forging and uttering a counterfeit will with intent to defraud .

Lawrence Barry . One day last summer Mr. Deverix and I were coming into the city, we met the prisoner and three men to the best of my knowledge with her, I did not know them. Mr. Deverix and she had some talk about some affairs; says she, I have not my son along with me, he is going aboard some king's ship, which I do not remember now; he is now willing to make a will and power before he goes; says Deverix, here is a man that will do it for him : we went into the Paul's-head tavern near Doctor's Commons; there the will was fill'd up by me. Deverix, the prisoner, and the other man was in the room at the time; likewise I filled up a letter of attorney for her son, as she call'd him, and they were witnessed by one or two besides myself ; and this said son sign'd both will and power.

Q. What was the name she call'd her son by?

Barry. By the name of William Noble ; she said she was the mother of him.

Q. Did you ever see him since?

Barry . I never saw him before or since; I knew none there but Mr. Deverix. There was Davis that is since dead; I knew him since , but then I did not; he discovered the fraud to me and he and I went and made the discovery .

Q. Who had the will?

Barry . I do not know I left it on the table ; Mr. Deverix and I went about our business.

Q. Have you seen the prisoner since ?

Barry. Yes, as she pass'd and repass'd the navy office.

Q. Have you had any coversation with her since about it?

Barry. No, never .

Q. Do you know what use she made of it?

Barry . I do not, my lord .

Q. Can you remember what she said the time you was with them?

Barry . She said she was the mother of William Noble , and that was her son.

Q. Did that person she called her son acknowledged that to be his name?

Barry. Yes, my lord, and said the prisoner was his mother.

[The original will is put into his hand.]

Q. Is that your hand-writing that it is fill'd in?

Barry. Yes, my lord.

Q. By whose direction did you write it?

Barry. By the direction of the prisoner.

Q. What do you think was her end in having it done?

Barry. Doubtless in order to obtain what wages she could get, she said he had been prick'd down. *R and if Deverix and I could put her in the way how to get the R off she would give us three guineas.

*That is run from the ship.

Q. Do you know any thing of her receiving any money by vertue of this will?

Barry. I know nothing of that, my lord.

John Deverix . I know the prisoner at the bar, but my acquaintance with her has been but very slender; the first time I saw her it was in the Navy-office; she had a man with her she called her husband, and told me she had a son on board a king's ship, that was Rd. this was the first time I saw her. I said to her how long has she been absent ? between two and three months, said she; said I, apply to the honourable board, that will be the way to have relief: Said she, if you will do it for me, I'll pay you: said I, I cannot do it, but I'll recommend you. There was no more of it at that time. In four or five days after, to the best of my knowledge, Lawrence Barry and I were coming into the city.

Q. What time was this?

Deverix . I cannot tell the day, I did not take such notice of the time; it was last summer, but I cannot swear to the month. We met her on the back of St. Paul's church. There were three men with her at that time .

Q. Did you know any of them?

Deverix. None but the man she called her husband. I know that one of the other men was called Mason.

Q. What was done then?

Deverix. After some talk, the man that called himself the prisoner's husband, said , the son was going to make a will and power ; and there was a man there that signed the will and power, and called himself Noble .

Q. Did the prisoner at the bar call him her son?

Deverix. I do not remember she said he was or was not; but the man that call'd himself her husband , said that person they called Noble, was his son .

Q. Did the prisoner desire what effects that man call'd Noble had, should be given to her?

Deverix. She did.

Q. Did you witness the will ?

Deverix. No, I did not.

Q. Did you see the man that called himself Noble sign that will?

Deverix. Yes, my Lord, I did.

Q. What became of it afterwards?

Deverix. It was laid on the table; I know not who took it.

Q. Had you any mistrust of a fraud then?

Deverix. I took the prisoner to be an inoffensive , ignorant woman.

Q. Did you know her name then?

Deverix. I took her name to be Catherine Noble ; because she and her husband told me, her former husband was named Noble; and the person that went by the name of William Noble I took to be her son; and as such he signed both will and power.

Q. If she was married to a second husband how could she then be named Noble.

Deverix. I cannot account for that.

Q. Where was this?

Deverix. In a publick kitchen.

Q. Was the will read over?

Deverix. No, it was not.

The will was read, which runs to this effect.

9th of July, 1744 .

In the name of God, Amen. I William Noble , mariner, dwelling in the kingdom of Ireland, being of sound mind and memory, do make my last will and testment. First, I command my soul to Almighty God, hoping for the of all my sins through Jesus Christ, my Saviour and Redeemer. And as for such effects, as I shall be possessed of at my. I give and to my dear beloved mother, Catherine Noble , of Dawin, in the kingdom of Ireland, widow, my sole executors; hereby revoking my former will made by me, this ninth of July. 1744. in the eighteenth year of his Majesty's reign .

William Noble .

Sign'd, seal'd, publish'd, and declar'd in the presence of us

Henry Welch ,

Lawrence Barry ,

Richard Kennedy .

Q. to Barry. What time did you fill up this will .

Barry . Sometime last summer .

Q. How came you to put the year 1744 to it ?

Barry. I do not know how it came to be so .

Francis Gilder . I am town clerk of Liverpool. Here is the prisoner's examination; here is her mark she put to it, and also the Mayor of Liverpool's name, taken there October 21, 1748. Wherein she says she was born in Ireland, and married to her husband 32 years ago, and never took upon her the name of Noble; but she knows one William Noble, who is along with her son John Conway on board; and about three months since, she and her husband went to London to receive his wages , who died about two months before. That they met at the Paul's Head tavern , near the commons; and that Barry made and wrote this will in the name of William Noble , and made her executrix thereof; that he fixed the seal , and also wrote the name William Noble to it at the bottom of the will, and there was no witness that she knew of. And that after the will was signed, she says Deverix and she went to Doctors Commons, and proved this will. She had a letter of administration, and carried it to Chatham to Commissioner Brown, and there she received 20 pounds , as the representative of William Noble . And after this she came to her lodgings at Mason's house, and that Mason demanded money of her; and that Deverix and Barry were to have three guineas of her for forging the will: but she refused giving them any, with an intent to give it to William Noble . And she also says her husband was there when the will was made and published .

John Redman . I belong to the Navy Office. I have looked into the books of the Office; and find one William Noble had wages due to him

In the Lancaster - 5 3 0

In the Mermaid - 14 18 6

20 1 6.

which was paid July the 2d. 1748. at Chatham, by Commissioner Brown, to the widow Catherine, excutrix .

Francis Gilder . I have seen a person called William Noble in the Mayor's office at Liverpool, but I is gone to Virginia, and is not exp July .

Prisoner's Defence. These four brought me in. Deverix took a false will out of his pocket and gave it to Barry, and he put down what he pleased. My husband agreed to give them three guineas, and they promised to get the money . I never took a sorthing of the money ; it was my husband and he ran away with it . I am an honest woman if there is one in the kingdom.

Guilty Death .

Reference Number: t17490411-40

358. Elizabeth Thompson , spinster , was indicted for stealing 4 harrateen curtains, val. 20 s. one copper tea kettle, val. 5 s. out of her ready furnished lodgings , Jan. 10 .

It was proved by the prosecutor the things were taken out of some other part of the house, and not from the room the prisoner hired to lodge in.

Acquitted .

Reference Number: t17490411-41

359. Benjamin Huggins , was indicted for stealing one pair of worsted stockings, val. 4 d. one linen shirt, val. 9 d. one flannel waistcoat, val. 15 s. the goods of Edmund Carter .

Edmund Carter . The prisoner and I lodged together. I found a pair of my stockings in his pocket the day they were taken away; he took them out of my chest .

Q. Was your chest locked?

Carter. I do not know whether it was or not, the key was in it. The prisoner staid out all night; and when he came home in the morning , I saw his pockets stick out; I searched him and found the stockings there. He confess'd he stole the other things , and would have me go along with him to the persons where he sold them. He

sold the flannel waistcoat in Spittle-fields, and the shirt in Rag fair.

Q. Did he take them out of your chest?

Carter. Only the stockings were in the chest, the other things were in my room.

Prisoner's Defence. I thought the stockings had been my own; I put them into my pocket to go to have them wash'd, and he said they were his.

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-42

360. Anthony Hopps , late of St. James's, Hanover square , was indicted for stealing 6 pair of leather pumps, val. 6 s. 2 pair of shoes, val. 2 s. one pair of leather breeches, val. 2 s. 6 d. the goods of Henry Price , April 17 .

Henry Price . I am a cordwainer . I make and mend shoes for my customers; I live in North Audley street, near Hanover square . I lost ten pair of pumps and shoes, and a pair of leather breeches; some of them belong to my customers. When I took the prisoner up he owned every thing ; there was an odd pump found in his pocket. He said he opened the lock with a nail and took the things. I went according to his directions where he had sold them, and found two pair.

Guilty .

[Transportation. See summary.]

Reference Number: t17490411-43

361. John Rogers , was indicted for robbing Joseph Oates and Mary Howard , in an open field near the King's highway, of six pair of linen sheets, val. 40 s. four linnen aprons, val. 2 s. and other things, the goods of Charles Carnan , November the 21st .

Joseph Oates . Mary Howard and I were going to Islington from out of Fenchurch street, on the 21st of November, between six and seven o'clock at night, but a very moon light night; this man, the prisoner at the bar, and two other men overtook us between two ditches coming into Frog field . One of the three, not the prisoner, had a pistol in his hand, and held it to Mrs. Howard's face , and commanded her to stop; threatening directly if she made any outcry, they would blow her brains out that moment; so we said nothing to them .

Q. Are you sure the prisoner at the bar is one of the men?

Oates . I am very certain he is. The next word after we stopp'd was, Damn your blood, what have you got there ? We told them foul linen. Then the next word was, Then damn your blood, I'll have it. I am the porter, I had the bundle of linen on my back ; it was taken off me behind, the man went away with the linen. One of them stood with a stick to me, and another with a pistol to the woman ; then he with the stick struck me a blow over my head and broke my head; then they run after the other with the linnen; we saw which way they went, then we went home to Islington as fast as we could.

Q. Which way did they go off?

Oates. Towards Brick lane.

Q. Whose linen was it?

Oates. It was Mr. Carnan's , a Hamburgh merchant's ; we were carrying it to Islington to be wash'd .

Mary Howard. I am a washer-woman; I live just by Islington church . I had been to Mr. Carnan's for this linnen; he lives in Philpot lane .

Q. When was this ?

Howard. November the 21st.

Q. What time of the day?

Howard. I believe it was about seven o'clock. This porter was always my man for such work; we were going to my house; he carried the linen; we met three men at a place between Chalk-hill and the Barn.

Q. Are you sure the prisoner was one of them?

Howard. I am quite positive he was: I would not be positive at first, but upon mature consideration I am quite sure. One came up to me, the other went the lower way. When they had past us , I said, I wish we get safe home; I do not like the looks of them men; then they returned again upon me; one of them put a pistol to my breast, the other two kept behind: He said, Damn your body, Stop. I made answer, for God's sake don't use us ill, for if you take my bread you take my life. He asked what was in the bundle? I told him, foul linen. He said, Damn you, go along, and one of the other two pull'd the bundle off the porter's back; they said nothing to him as I remember; it was the prisoner that had the bundle on his head; he said it is damn'd heavy; one of the other help'd him up with it, for they had taken it off the porter's back and set it on the ground.

Q. Have you seen the prisoner since?

Howard . Yes, I saw him in Bridewell two or three times since. I was informed of his being there by a neighbour.

Prisoner. When this witness first saw me, she said, she would not swear I was one of the men for all the world.

Howard. When I first went, I did say I would not be positive, till I had considered it more; but I now remember him very perfectly.

Q. Was it light enough to discern him?

Howard . It was a very moon light frosty night.

James Venteres . The prisoner Rogers , I, and John Thorp were the three men that did this robbery.

Q. to Mary Howard . Was this witness one of the three men?

Howard. Yes, my Lord, I am sure he was one of the three.

Oates answered the same.

Venteres . We went from the three pigeons in Golden lane down Chick lane; there we went into the sign of the ship to one John Kingston . Thorp borrowed his coat; so they two changed coats; then we went up Saffron Hill, and then to Clerkenwell Green; there we bought a pennyworth of lead . When we came to Cold Bath fields, we put a bit of lead to load the pistol with; then we went into the field that goes over to Marybone; Thorp loaded the pistol. There we met a man and robb'd him of his watch; then we went round by Clerkenwell Green. By the backside of Sadler's Wells gate we saw this man and woman coming the Chalk Hill way; we staid in the field a considerable while till they came along, and made as if we were going to London. Thorp went up to them and stopp'd them, then Rogers and I went up; Rogers pull'd the bundle off the man's back, it lay about three or four minutes on the ground; then he desired me to lift it up on his back, and after he had got it, he said it was damn'd heavy. Then Thorp said to the woman, he would blow her brains out if she offered to follow. I pulled him from her and said, if we lick the man with a switch which I had in my hand, he will then go home, and the woman will follow him. I took the porter a blow over his head; then we went over the fields, and in a ditch there we untied the bundle and made it into two, I carried one, and Rogers the other; then we went to Merrit's.

Q. What trade are you of?

Venteres. I am a painter.

Q. How long have you known the prisoner?

Venteres. I have known him ever since last August.

Q. What trade is he?

Venteres. He is no trade at all.

Q. Did you know the other witnesses again?

Venteres. Yes, I knew the woman at first sight. I was taken up on the other side of the water, and carried before a Justice and made my confession.

Q. Was it a moon light night when you committed this robbery?

Venteres. Yes, my Lord, it was.

Guilty Death .

Reference Number: t17490411-44

362. Sarah Howell , wife of Richard Howell , was indicted for stealing one piece of camlet, val. 6 d. one pewter pint pot, val. 6 d. one tobacco box, val. 2 d. one piece of linnen cloth, val. 6 d. the goods of Thomas Ratcliff , April 12 .

Acquitted .

Reference Number: t17490411-45

363. Elizabeth Parker , was indicted for stealing 30 shillings in money , the goods of William Thorne , May 1 .

Acquitted .

Reference Number: t17490411-46

364. Henry Hill , was indicted for stealing one shagg waistcoat, val. 3 s. one cloth waistcoat, val. 2 s. the goods of Thomas Manners , May 11

Guilty 10 d .

[Transportation. See summary.]

Reference Number: t17490411-47

365. Ann Harrold , wife of Henry Harrold , late of St. Andrew's Holbourn , was indicted for receiving one boy's hat, val. 1 s. the goods of Thomas Morris , knowing it to be stolen , April 2 .

Acquitted .

Reference Number: t17490411-48

366. Abigail Cook , widow , was indicted for stealing five muslin neckcloths, val. 2 s. one linen shift, val. 4 s. one pair of linen sleeves, and other things , the goods of William Stopsley , May 3 .

Guilty 10 d .

[Whipping. See summary.]

Reference Number: t17490411-49

367. Susannah Plymouth , was indicted for stealing three silver table spoons, two silver tea spoons, a handkerchief, a watch, and a 36 shillings piece, the goods of William Atkinson , out of the dwelling house of the said William Atkinson , April 25 .

William Atkinson . I live at the Cross Keys, the corner of Harp alley, Shoe lane . I am a broker or upholsterer . We left the prisoner in our house while we went to see the fire works in the Green park; she had been my servant nine days. We missed the things as soon as we came home that night; she was gone and the cupboard was broke open. She was found two days after at Barnet . I advertised the things, and the pawnbroker brought me some that were pawn'd; there were two spoons and a milk pot pawned for 36 s. she sold my watch for 30 s. and told me where. she was taken by two men; they had gone with her to pawn the milk pot and spoons, so were afraid of being brought into a bad case. She confest all but the 36 shillings piece, and said, she knew she should be hanged.

Guilty 39 s .

[Transportation. See summary.]

Reference Number: t17490411-50

368. Ann Happley , was indicted for perjury ; but her prosecutor not appearing she was acquitted .

Reference Number: t17490411-51

369. Thomas Bostock , was indicted for forging a receipt, and thereby defrauding John Threadgold of 10 s. 10 d . April 17 .

John Threadgold . I am a distiller , and live at Hide-park corner. On the 15th of April last I was not at home; a customer gave orders for five gallons of gin; the prisoner was my porter ; he carried the liquor down to the Brick field, on the back of St. George's hospital, to Thomas Hancock 's tap-house . On the Monday the same customer sent again for five gallons more. I sent it by his own servant; and on the Wednesday I sent another five gallons. My wife went to Mr. Hancock's and he paid her for two casks; that which was ordered that day, and that on the Monday; but did not pay for that which went before Monday, which was 21 s. 8 d. and he desired I would send a receipt for them two casks. I likewise did for that on Saturday and that on Monday, but not for that on Wednesday; I wrote the receipt on the back of the bill of parcels. Mr. Hancock came up to me directly, and brought the bill of parcels and receipt the prisoner gave him on Monday. Here is the receipt he brought, but I altered it and put it for Wednesday.

Thomas Hancock . I live behind Hide-park-corner. I deal in liquor with Mr. Threadgold, and keep a tap-house in the field. On Saturday about six in the evening, when I was paying my men, the prisoner brings the gin in that I had ordered in the forenoon; I said, have you brought the receipt? He said, no, I have not; said I, then I shall not pay you. He came on Monday morning about eight o'clock; said I, what do you want? we do not want any liquor: Said he, my mistress has sent the receipt; he shewed it me, and I gave him half a guinea and four pennyworth of half pence ; that was for the five gallons he had brought without a receipt; he called for a quartern of gin, and I drank one glass along with him.

[The copy of the bill and receipt.]

April the 17th .

Mr. Hancock bought of John Threadgold the 25th, 5 gallons of gin - 0 10 10

Receiv'd the contents of this Bill ,

John Threadgold .

I challeng'd it immediately knowing it not to be Mr. Threadgold's writing ; he said it was his master's brother's; and his brother us'd sometimes to write receipts ; but then it us'd to be in this form:

Receiv'd for the use of my brother ,

John Threadgold .

Q. to Threadgold . The receipt is put into his hand. Is that your brother's writing?

Threadgold. No it is not his writing.

Q. Whose writing do you think it is?

Threadgold. I take it to be the prisoner at the bar's

Prisoner's defence . My master and I went out with some liquor, and he sent me back again: This Hancock had been at my master's. My mistress called my master's brother down to write a receipt, but he would not come down; she said, Thomas, do you write it. I asked her if I should write it in my master's name; she said, yes. She stood over me when I wrote it on the counter. I went with it to Mr. Hancock's according to my master's orders on Sunday; they did not want liquor; said he, have you got the bill? I said, yes; so he paid the 10 s. 10 d.

Q. What did you do with the money afterwards?

Prisoner. I had spent some of it; so I was afraid to come home.

Q. to Threadgold. Did your wife order the prisoner to write a bill and a receipt?

Threadgold. She ordered him to write a bill of parcels but not a receipt.

John Elseby . As I was at work that day, the prisoner came by me ; I asked him for somewhat to drink; he showed me some money, but said it was not his own, it was his master's.

Acquitted .

Reference Number: t17490411-52

370. Sarah Smith , spinster . was indicted for stealing one silver watch, value 40 s. the goods of James Paterson , May the 7th .

James Paterson . I do not know the prisoner at all.

Q. What have you to say against her then?

Paterson. Why on the 7th of this instant betwixt six and seven at night she came up in my room.

Q. Where do you live?

Paterson . I live in White-chapel, I have only a hired room near Vine court .

Q. What are you?

Paterson. I am a seafaring man.

Q. Are you in any office ?

Paterson . I am quartermaster .

Q. What have you got to tell us about the prisoner at the bar?

Paterson. There were three women drinking, and said I, I will go up stairs and take a nap of sleep .

Q. Is it a publick house you lodge in?

Paterson. No it is not.

Q. How many women were there?

Paterson. There were either three or four ; I just came in at the door and went up stairs to bed.

Q. What time was this?

Paterson . About half an hour after six, I wanted to take a nap before night. She came up and asked me for a handkerchief ; she call'd me husband , and said I was her property, and what I had belong'd to her: she wanted a handkerchief of me, and I told her I would pay for a handkerchief if she would go down stairs.

Q. Did she go down stairs ?

Paterson . No, she would not go down stairs: but the same time I was asleep she took my watch out of my fob .

Q. How can you tell that, when you say you was asleep at the same time?

Paterson . Because people can witness it down stairs.

Q. Will you swear positively she took it when you was asleep?

Paterson . Yes, I will; the people ask'd what a clock it was, and I went to look, and it was gone; she went away with the watch.

Q. Was you awake when she came into the room?

Paterson . Yes I was?

Prisoner. He gave me the watch to be concerned with me.

Paterson . I never kiss'd her lips.

Q. Did you give her the watch?

Paterson . I did not.

Q. Was she on the bed with you?

Paterson . No, she was not.

Q. How do you know when you was asleep?

Paterson . How do I know, how do I know, how do I know, because she had got hold of my shoulder as I have got hold of this gentleman; [taking hold of a person that stood by him.] she hawl'd me up from off the bed; I was half fuddled, please your worship.

Q. Have you got your watch again?

Paterson. Yes I have.

Acquitted .

Reference Number: s17490411-1

The Trials being ended , the Court proceeded to give Judgment as follows :

Received Sentence of Death, 6.

Catherine Conway , Lawrence Lee , Peter Murphy , Patrick Hays , James Peneroy , John Rogers .

Catherine Conway pleaded her belly, and a jury of matrons were impannel'd, and brought in their verdict quick with child.

Transportation for 7 years, 21.

John Avery , William Pope , John Tyler , John Cundict , Elizabeth Philips , Robert Griffin , Martha Hall, John Loe , Susannah Plymouth , William Stoaks , Thomas Wise , John Martain , Dorothy Gale , Charles Paxton , Brian Jackson , Thomas Bevin , James Brown , Elizabeth Hand , Benjamin Huggins , Anthony Hopps , Henry Hill.

Whipped, 6.

John Fooley , Elizabeth Pavit, George Jaques , Abrgail Crok, Elizabeth Osbourne , Hen. Maria Hide .

Branded 1.

Philip Jones .

Reference Number: a17490411-1

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-fryars . Half a guinea entrance, and the like sum when the scholar is compleated.

N. B. He also takes down Trials at Law.


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