HELD AT JUSTICE-HALL in the OLD-BAILEY,
On Wednesday the 5th, Thursday the 6th, Friday the 7th, Saturday the 8th, and Monday the 10th of July.
In the 23d Year of His MAJESTY's Reign.
BEING THE Sixth SESSIONS in the MAYORALTY of the
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 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 Lord Chief Baron PARKER , Mr. Justice FOSTER, 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.
371. Abraham Mopps , late of London , was indicted, for that he, with three other Persons not yet taken, did make an assault on Samuel Lee on the King's highway, and steal from his person one silk handkerchief, a steel watch-chain, and two steel-seals, from the said Samuel Lee .
June 2d .
Samuel Lee . On the 2d of June as I was walking through Cheap-side betwixt 5 and 6 o'clock in the afternoon, the prisoner, and three others, came up to me, all dressed in sailors habits, near Queen-street . One of them came just before me, and stopped me; I do not remember he said any thing to me; the prisoner came on my right-side, and took my handkerchief out of my pocket, I saw him take it, and endeavoured to catch at it, upon which he threw it to another of them, and it fell to the ground. The Man had an oaken stick with a tuck in it, he pointed the tuck to my breast, that I should not take it up; then he took it up on the point of his tuck, and I turned about and took it off the spear. While I was turning about, the prisoner got hold of my watch-chain. He pulled it with such force, that the chain broke at the swivel. I catched it in my hand; he run down Queen-street, the other three run cross the way, I did not observe them how they got off; I cried out stop thief, and run after the prisoner to the bottom of Pancras-lane, and there I laid hold of him. I carried him to the Counter, and the next morning he was brought before Alderman Whitaker, and he committed him to Newgate. The prisoner was never out of my sight till I took him.
Q. How long was this about their stopping you in Cheap-side.
Lee. About a minute, or a minute and half, my Lord.
Q. Are you certain the prisoner is the person that took the chain and the handkerchief out of your pocket?
Lee. I am very certain he is the man.
Prisoner's Defence. I was going through Cheapside, the gentleman turned about, and found his handkerchief on the ground; I went by, he called out stop thief, I was taken hold on: before the Alderman he could not swear I took the watch-chain.
Lee. I had no doubt about his taking the chain
Guilty of Felony, acquitted of the Robbery .
Guilty of Felony.
373. John Wright , late of St. George's Hanover-square , was indicted, for that he, upon Ann , wife of the said John, with a certain knife made of iron and steel, value 2 d. held in his right-hand on the neck of the said Ann, did give a mortal wound one inch long and half an inch deep, upon which she did languish from the 13th till the 21st of May , and then died. He stood likewise a second time charged with the Coroner's Inquest for the said murder .
John Baker . The prisoner, and two other chairmen , came into my house about ten at night, on the 13th of May, and called for two pots of beer, and bread and cheese. She lodged at my house; his wife abused him very much in language: the prisoner desired her to go to bed several times, she would not. I at last went to her, and said, if she would not go to bed, and cease this noise, I would charge the watch with her; the other two chairmen that were drinking with him, paid their reckoning, and went away, and left the prisoner and his wife together: she staid about a quarter of an hour scolding at him, at last she went out at the house-door, and he followed her: they had not been out of the house above a minute, but she returned with her hand to her neck, and said she was hurt. I saw the blood run over her hand, she sat down on a form, she took her hand and apron from her neck, and I saw the blood fly out of her neck. I went to the door, and the prisoner was sitting by the watchman on the bench; I told him what he had done, saying, you have murdered your wife: says he, I have not; he and the watchman came in where she was: so I charged the watchman with him, the house was full of people, and I did not hear what she said. Before I went with him to the watch-house, I took the knife out of his pocket.
Q. Did you perceive any blood upon it?
Baker. I did not, my Lord. I led him to the watch-house; he said there was no occasion to hold him, for he would not run away: this was the Saturday night, and she lived till the Sunday sevennight following. She came to my house on the Tuesday after; but I was busy, and never spoke to her; she went up stairs to change her clothes, and desired me to bail her husband the prisoner out of the Gate-house. He is a chairman, a very hard working man; I have known him eight or nine years, and she was a very foul-mouth'd woman.
John Dalley . On the 13th of May, about ten a clock at night, I happened to be drinking a pint of beer in this house, I saw the deceased strike the prisoner several times on his head and shoulders; he appeared very good-humoured, and did not strike her, as I saw. He desired her to go to bed, she would not: she went out of the door, and he followed her; she returned in about a minute's time with her hand up to her neck; I did not perceive the blood at that time; she cried out, the rogue shall not murder me: she took her hand from her neck, and I saw the blood spout out of it; he came in a little time after, and the people told him, he had murdered his wife, and would be hanged; he sat down on a bench, and smiled, and said, he did not care, he was glad of it. The landlord took hold of him, and asked if he had got a knife about him. The prisoner said he had got never a one. I saw the landlord take the knife out of the prisoner's breeches pocket, I took it out of the landlord's hand.
Q. Was it bloody?
Daliey. It was a little bloody, it was fresh blood being moist, I put the knife in my pocket, and paid my reckoning, and went out of the house. I kept it till the next morning; then the landlord sent for it, and I delivered it to him. It was shewed in Court, a common sheaf-knife with a sharp point.
John Morgain . I am watchman in the place. I was sitting on the bench at the door betwixt ten and eleven, with my lanthorn and candle by me, the woman came running out, the prisoner followed her, she went round a chair, and he after her; he did not overtake her in the street: she said, if I must die, I will die in good company: she turned into the door of the house again, and he after her, he had not as yet been so nigh her as to touch her, and what was done must be done in the passage at the door; for there he got up to her, I did not see him give the wound; she was out of the house but about half a minute. I took him to the watch-house that night.
Richard Maplethorp . On the Sunday in the afternoon the deceased was brought to St. George's hospital, I examined her, and found a wound on the right side of her neck, it had been dressed by a Surgeon the day before; and as the woman seemed in very good health, and no bad symptoms, I did
Q. Do you think this wound she had received on her neck, was the cause of her death?
Maplethorp. I believe the bad consequences that followed the wound, were the occasion of her death.
Prisoner's Defence. I have been married to the deceased about four years; she was a very honest woman; she was given to a glass of liquor. I came into my landlord's house with two men with me on the 13th of May. My wife abused me with her tongue, calling me many names, and beat me: she was very passionate, and said she would go away. I said she should not go away: I flung the knife out of my hand, but did not think of hurting so much as a dog or cat: she said she was hurt, and I was committed to the Gate-house; she sent me eighteen pence, knowing I had no money, and she sent word, she would come and get me out on the Tuesday following; she came, and called for a tankard of beer, and we drank it together; she paid for it, and gave me six-pence, and said it was she herself that was to blame; after we desired God to bless each other, she went to the Hospital directly.
Guilty of Manslaughter .
374, 375. William Shepherd and John Fryer alias Turnpine , were indicted for stealing one silver tankard, value 8 l. the goods of Esther Vandome , widow, out of the dwelling-house of the said Esther . May 24 .
Esther Vandome . On the 24th of May the two prisoners with another came into my house after ten o'clock at night. They sat down and eat their salmon, they sat till such time the house was clear, there were none left but the people that lodged in the house, I went backward, in the mean time they called for the reckoning; as I was coming in at the door, one of them, that is, Fryer, held a sixpence to me, two of them got to the door, and held it open; as he paid me he put his hand behind me where the tankard stood. A witness that is here cried out stop the boy, he has got the tankard; he pushed out of the house, I ran after him, and saw the bottom-edge of the tankard; he ran one way, and the others another, and, it being dark, we could not take any of them; we found one of their hats, but never found the tankard; it was the same tankard they had been drinking out of. I employed two or three people to look about for them, and one day last week one of the witnesses brought Shepherd to me. He said he did not steal the tankard, but one of his company did; he said the others were washing themselves in the river; we carried him before a magistrate, he denied it, and said he never was in my house before he was brought in; but he forgot himself, and said there were more people in the house, and why should I judge it upon him?
John Hains . I lodge in Mrs. Vandome's house, I was standing at the bar the time the tankard was lost. I was in my night-gown and slippers, the little boy , Shepherd, and another came up to me, and asked me what was to pay? Says I, Mrs. Vandome is backward, I cannot tell; with that the biggest boy , Fryer, stood still with the tankard by him about four yards from me; there was no-body in that room but them, there were some people in the other room that lodged in the house: Fryer said, let us have another tankard, come back. This was when the other two were at the door, they did not agree to it; then, says he, let us have another pint. No, said they; Fryer called to pay, I went to him, the tankard was standing by him: says I, here are 2 tankards scored, I apprehend that is all; he gives Mrs. Vandome 6 d. out of his right-hand, and I observed he had his hat betwixt his legs in his left-hand; at the very moment the land-lady open'd the door, that moment he took the tankard, and went by her. He pushed very furiously through the room; I called to the people to stop him, I missed the tankard and him together; he must cover it with his hat.
Samuel Clark . I saw the three boys come in, they went and sat down backwards, and called for a tankard of beer, I saw them drinking of it, and when they went out the tankard was missing; we went after them, but could not find them, or the tankard; they went through the room where I was, as before described; I saw Fryer's hat between his legs, as if it was to cover something.
Fryer's Defence. I never was in the house in my life, before I was taken up, and carried there.
Prosecutor. I sat within a yard of them, and remember them both well.
Shepherd. I never was in the house, nor drunk out of the tankard in my life.
Both Guilty .
376. John Bartholomew , late of St. James's Westminster , Stable-keeper , was indicted, for that he, with a certain knife made of iron and steel, val. 1 s. upon one William Smith , on the left side of his belly, did make one mortal wound, breadth two inches, and depth three; whereupon he, the said William, did languish from the 20th of June to the 23d of the same month, and then died : He also stood charged on the Coroner's Inquest for Man-slaughter.
Sarah Turner . John Bartholomew came the Tuesday before quarter-day into the house, and he and I and his wife went into the little room, he was an apprentice of Bailey's: presently comes William Smith into the house, I knew his voice. I had lock'd the door, and given the key to the prisoner; William Smith came to the door, and tap'd, and said, open the door; the prisoner said, let any man open it on his peril; the door opened inwards, he shoved against it, the prisoner and his wife clapp'd their hands on the lock to secure it; Smith said he would have the door open; he, shoving hard, the door flew open immediately; it was burst open by violence: then the prisoner fetched a blow at him; but I saw no weapon, I did not see the wound till about an hour after.
Q. Did you hear any words pass between them after the door was open?
Turner. I did not, my Lord.
Q. Do you know of any former quarrels between them?
Q. Were you a servant there?
Turner. I am a lodger there.
Joseph Carpenter . I was at supper with my fellow servants, and the prisoner came in with his wife, and Mr. Smith the deceased came in with his whip in his hand; the prisoner was in the back room, Mr. Smith went up to the door, and knock'd with his knuckles; presently the door flew open, and I saw the prisoner come out; I heard a shreek out, my fellow-servant took hold of the prisoner, and I took the knife out of his hand. It was shewed in Court, a long Clasp knife with a sharp point. Mr. Smith went into the street, and desir'd a Surgeon might be sent for.
Q. Was the knife open?
Carpenter. It was, my Lord.
Q. Was it bloody?
Carpenter. There was some blood upon it, I helped the deceased up stairs, and laid him down on the bed.
Q. Did you ever hear any quarrelling between them before this?
Carpenter. I have heard the deceased abuse the prisoner in his own house, calling him rogue and scoundrel, telling him, he had no business there; saying, he himself was landlord.
William Segwick . I was in the house the time this thing happened; I saw Mr. Smith come in with his whip in his hand, he came to the door, and, after a little time, the door flew open. The prisoner and the deceased came and rushed forward towards the street; who came first, I cannot tell: I was sitting behind the last witness almost in the dark, I went out and laid hold of the prisoner, while the other witness took a knife out of his hand; in the fright I did not see the knife. I was servant to the prisoner, he is a very honest man, he always appeared as such to me.
Husband Messinger. I am a Surgeon; when I was called to the deceased, I found him with his bowels lying out of his body, which was very soon after it happened. It was my judgment that he could not live, and I told all about me so; he lived near three days, in which time I visited him six times; he was sensible during the whole till a little before he died; I never saw him insensible: he did not give me any account how it happen'd.
Q. Do you think that wound was the cause of his death?
Messinger. I believe it was; but how he receiv'd it, I cannot tell.
Prisoner's Defence. I have been turned out of my own house by that man into the street, and abused by him, and have been driven out of my senses.
Bathsheba Chethem . I have seen Mr. Smith stand at Mr. Bartholomew's door, and forbid him his own house, and shut the door against him, and he, the prisoner, has gone about the street, and cried like a child. It is a public inn the prisoner kept, and he used to let out coaches and chaises.
William Cherrey . I have known the prisoner ever since he kept the inn . It is the Plough inn in Princess-street; it is about nine or ten years. I always looked upon him as an honest, inoffensive man. I never saw the deceased but a few days before he died standing at the door, as though he was master of the house.
Margaret Christian . I lived with the prisoner six years, he is a very honest man. I was present when the accident happen'd; I was not his servant then, I was there for a pint of beer; I was standing upon the stairs, and I heard the prisoner say, let any man open the door upon his peril. Mr. Smith said, he would do for him presently, he would have a baily there in half an hour's time; he pushed open the door with his hand, the prisoner met him, and fetched a blow at him; but I saw no weapen he had.
Q. Did you ever know the prisoner guilty of passion?
Christian. No, I never did. I know this Smith has been a great enemy to him, and has troubled him many times.
Q. What do you think might be the reason of his thus using the prisoner?
Christian. I believe he was greater with the prisoner's wife than he should be.
Q. Have you made any observations of that the time you lived in the house?
Christian. I cannot say I have.
Hugh Bedle . I live within three or four doors of the prisoner; the character of the man appeared extraordinary good, a pains-taking man. It was talked in the neighbourhood Mr. Smith was too great with his wife; but how far, I cannot say.
Hen. Kellsoe. I live near the prisoner, he is a very honest hard working man; I have traded with him, and always found him so.
Q. Was he a man of passion?
Kellsoe. I never saw or heard he was a passionate man.
Guilty of man-slaughter.
June 14 .
Robert Lane. On the 14th of June, betwixt seven and eight in the evening, I was going through Russel-street , Covent-Garden, this woman was with four men; as I came up, I went betwixt them; the woman had her hand down, and took hold of the chain of my watch; she took it out of my pocket, and put it into her bosom under her cloak: immediately I laid hold of the chain, and, with some difficulty, by twisting my fingers in the chain I got it again: she said, what is the man going to do? I laid hold of her to secure her; one of the men that was with her put my hand from her, and gave her a slight blow on the shoulders says he, let the bitch alone, she is only drunk; she immediately turned up a court, and the men stood before me, to prevent my following her; I went immediately over the way into a public house, the master of the house, and several more, came out. We went cross the way, and secured the woman directly, and had her before the Justice, and she was committed.
Joseph Wetherby . The prosecutor had not been gone out of my house above a minute, or thereabouts, before he returned with his watch in his hand; he told me the case, so I, and some others, run over the way; I knew the court was no thorough-fare; there we took the prisoner at the corner of the court; I took her to my own house, where I sent for an officer.
Prisoner's Defence. I never meddled with him; he met me, and asked me to go and drink along with him. Why did he not secure the men he said were with me?
Guilty , Death .
June 26 .
Abigail Pierce . I am landry-maid to my Lord Anson, the prisoner was employed as a washerwoman ; we missed these things at divers times, and I found them at last at two pawn-brokers, four shirts of my Lord's, two shifts of my Lady's, seven napkins, a handkerchief and neckcloth. The things were produced, and swore to; the pawn-broker's servant swore to the prisoner's bringing them.
The prisoner made no defence.
Guilty 4 s. 10 d.
Guilty 10 d.
Thomas Brown and Co. in the shop of the said Thomas, &c . May 31 .
Sweeting Richards, the apprentice, proved he saw the prisoner take the three pieces of ribbon, and put them into her pocket. The master Thomas Brown , on telling her he would have his maid come and search her. she the said prisoner produced the pieces: they both swore to them as Mr. Brown's and Com. property.
The prisoner own'd it, and begg'd mercy of the Court.
Guilty 4 s. 10 d.
June 8 .
Sweeting Richards proved he saw the prisoner take two pieces of galloon and put them in his apron, where Mr. Brown and he found them, and swore to them as Mr. Brown's and Co. property.
He was found Guilty 10 d.
385. James Hill , late of St. Martin's in the Fields , was indicted for a robbery on the King's high-way, on the person of Thomas Page , putting him in corporal fear, &c. and taking from him one periwig, val. 10 s. against the will of the said Thomas , May 16
Thomas Page . As I was going along the Strand , near Round Court , the 16th of May about eleven at night, I felt my periwig going from my head, upon which I clap'd my hand to my hat to save that, I turned and saw the prisoner at the bar, with my wig in his hand; he run, I pursued him, crying stop thief! he did not run above a hundred yards before he was stop'd; he was never out of me fight, and it was a very moon-light night; he ask'd me what he had done, I told him he had rob'd me of my periwig; he had drop'd it between his legs, and I took it up.
Prisoner's Defence. I happened to be coming by at that time, being a little way up the Court, I heard somebody cry, stop thief! I happen'd to light of the wig that lay there; there were two men laid hold of me, I knew nothing of the wig.
Guilty of Felony only .
386. Jane Rushing , late of St. Martin's in the Fields , spinster, was indicted for stealing one cambrick hood, val. 5 s. one pair of cambrick ruffles lac'd, val. 3 s. three cotton curtains, val. 3 s. two linen shifts, val. 5 s. and other things the goods of William Dukey , April 11 .
She was found guilty of Felony.
388. Hannah Bradley , late of St. George's, Hanover-square , was indicted for stealing one cotton gown, val. 6 s. one linnen apron, val. 1 s. one cloth pocket, val. one penny, and 5 s. in money , the property of Richard Pocock , June 7 .
The prisoner owned before the Justice she had the pocket and money, and the other things.
389, 390. Thomas White , and Rachael Horne , were indicted for stealing two damask table-cloths, val. 10 s. one table cloth val. 5 s. one fustian frock, val. 5 s. and other things , the goods of Thomas Kemp , Esq . May 21 .
391. George Stracy , late of St. Martin's in the Fields , was indicted for breaking and entering the dwelling-house of John Leydon , in company with John Wright Newark , and Benjamin Henry , and stealing out thence one damask table-cloth, val. 10 s. nine napkins, one silver streamer, nine punch-bowls, the goods of the said John Leydon , December 26 .
The principal evidence was Benjamin Henry , an accomplice, who gave the same account he did before against John Wright Newark , the last Sessions, but not being supported by any other evidence of credit, the prisoner was Acquitted .
Andrew Darwey Guilty 4 s. 10 d.
Edward Dumsey Acquitted .
William Hudson . The prisoner at the bar was married to Tom Nelthorpe in the year 1739, Bartholomew Fair -time, according to the ceremony of the Church of England, at Mr. Bayce's at the King's-house by Fleet-ditch; I gave her away in marriage; I cannot tell whether she went to cohabit with him; he lived servant at the Castle-tavern, St. Giles's.
Q. When did you see Mr. Nelthorpe?
Hudson. Not a twelvemonth ago in Fleet-street, and drank with him at the Gentleman and Porter there.
Prisoner. You are very sensible I was a maid when I married you; so I cannot be said to have another Husband before.
Harling. I do not know you was a maid.
Prisoner's Defence. John Harling took me away from my Friends, he has married another woman, I went to him for a maintenance, and he gave me a bond of 50 l. never to molest me. That other witness, Hudson, came to me and said h e had a guinea for swearing; and he said if I would give him another he would swear on my side. All she said was afterwards contradicted by the two evidences.
Guilty of Felony.
The prosecutor not appearing she was acquitted .
The prosecutor not appearing she was acquitted .
397, 398. Thomas Obrian and Martin Lacy , both of St. Mary, Islington , were indicted for stealing one feather-bed, val. 20 s. one bolster, val. 5 s. four blankets, five harrateen Curtains , the goods of Isabella Gardiner , spinster, May 20 .
Isabella Gardner. These things laid in the indictment, I lost from out of a shed on the back of my house, May 20.
John Wise . The 21st of May I and Nathan Neal , and another person that lives at Ben. Johnson's head at Stepney, we being there saw those two prisoners pass by with large bundles on their backs. I said to Mr. Neal these two fellows have got each a load which seem not to be their own; let us stop them and enquire whether they came honestly by them or not. We went after them and stop'd them, and ask'd them if the goods were their own; they said they had them in Spittlefields; one of them said they were going with them to Limehouse-hole; the other said they were going to Black-wall; said I, we shall stop you on suspicion that you have not come honestly by them; I went for a constable, and desired Mr. Neal and the other person to take charge of them. I went and brought an Officer and a Watchman; they were gone with the bundles and Mr. Neal followed them, so we went down to Limehouse Hole to see if they were gone there: we saw a person at the plying place who told us there were no such persons come that way; we all three went back again, and Mr. Neal's wife came and told us they had charg'd Mr. Neal with hindering them in their passage, and he had charg'd the Constable with them: This was in Ratcliff high-way, I went to them, and we had them before Justice Rickets, and he sent them to Clerkenwell Bridewell.
Obrian's Defence. I met a man in the middle of the street, he hired us to carry the goods to the Red House, Deptford. We were to have 3 s. a piece.
Lacy's Defence. Daniel Baker met us in that street, and desired us to carry these goods, saying, I'll give you 3 s. says I, If you'll give us 3 s. a piece we'll carry them, he agreed to it; and as we were going with them these gentlemen stop'd us, and ask'd us where we were going with them; I told them to the Red House in Deptford; said they, this is not the way; one of them followed us; said I, since you are after us I'll go along with you where you will; when we were in Old Gravel Lane he offer'd for a shilling to let us go.
Both guilty of Felony.
Samuel Hutton , late of the parish of St. Mary-le-bon , was indicted for stealing one hip-rafter, nine pieces of wood, val. 9 s. the goods of George Strutton , and 160 pantiles, the goods of Ambrose Parish .
July 1 .
Guilty 10 d.
Guilty 10 d.
June 17 .
404. John Gray , late of St. Paul's Shadwell , was indicted for Felony and Murder, that he, on the 21st of May , on Ann his wife , with a certain knife made of iron and steel, that he held in his right hand, on the throat of the said Ann, did strike and cut, giving the said Ann one mortal wound, length five inches, depth three inches, of which she instantly died . He also stood charged on the Coroner's Inquest for the said murder.
Michael Murray . The prisoner's wife lived a servant with me. On Sunday, the 21st of May, they were at breakfast together (as I suppose) in the kitchen about ten o'clock in the morning; what words passed between them, I know not; but my boy called to me, and said, Mr. Gray had killed his wife, I turned about, and ran to him, she fell just by the bar-door, he stood by her. I saw the wound on her neck, I put my hand upon it, and called for a Doctor or Surgeon; the wind and blood coming out so fast, she died directly. Her throat and wind-pipe were cut a-cross, almost from ear to ear: said I, you rogue, do not stir, she is dead, and you shall be hanged; I got hold of him, and took the knife out of his hand. I was obliged to strike him twice before I could get it out of his hand. [The knife was shewed in Court, a case-knife with a round point.] here is the blood on it, his hands trembled, and he swore and curs'd. He said, he did the thing, and he did not want to go off; saying, he would be hang'd first. He was not at all daunted at the thing. The next day he said he was willing to die for it.
George Potter . I was backwards behind the kitchen, the prisoner and his wife were together, I heard her shrike out; I ran to see, and called my master, who put his hand upon the wound; I ran for a Doctor; the prisoner was standing in the kitchen with the knife in his hand. Just as she fell I past him, who said, Now I have done it. On the day before he beat her, and abused her with bad names, and then he threatened to kill her. This was a little after two o'clock; I was in the kitchen with them.
David Ryon . The Saturday night, betwixt 11 and 12 at night, the night before the prisoner murdered his wife, the prisoner said (before the other two servants and a lodger and I) You whore, I'll see an end of you: no-body shall see you more. This was spoke in the fore-room. Thomas Hide , one of the men that heard this, is now at Bristol. He then struck her three or four times over the face; he went out with a bundle of clothes, when he returned early the next morning, and knock'd at the door, we would not let him in till about 8 o'clock; he went and lay down on a bench at the back-door, and slept. When the door was opened he came in, and went up stairs, and came down again; he did so several times. I went up and told his wife, her husband had been asking for her: she came down and made a fire, and set on the tea-kettle, he came and sat down near her; they had some grumbling words, I cannot tell what. I heard her say, she desired none of his talk, and desired he would let her alone; then I stepped out of the kitchen; I had not been gone half a minute before she came towards me with her throat cut, and beckon'd after me with one of her hands. My master stood at the fore-door, I cried, Master, Master, John Gray has killed his wife. Mr. Murray said, What have you killed your wife with? It is done, said the prisoner, and I cannot help it, it is all I wanted.
Prisoner's Defence. I came home from the West-Indies in a Man of War, I lodged in Mr. Murray's house, my wife came from Bristol to me. I went and took a room, we lived together 8 or 9 weeks; I got a voyage to the Northward, my
Guilty of Wilful Murder .
405. John Luise Juncker was indicted for stealing a pair of silver shoe and knee-buckles, val. 30 s. one pair of studs, and half a moidore, and 6 s. and 6 d. in silver, the goods of Daniel Billets , one pair of silver knee-buckles, one silver stock-buckle, one silk handkerchief, one pair of silver studs, the goods of Henry Merder , one perriwig, the goods of Condra Dedrick .
Apr. 12 .
The prisoner was a German, and could not speak English; he was tried by half the London-Jury, and half the Jury of Foreigners, and had an interpreter, to let him know what each witness deposed against him. The things being found in the prisoner's possession, and he gone off with them as far as Kingston from London, he was found Guilty .
406. John Steward was indicted, for that he, in company with two others not yet taken, on the King's high-way, did make an assault on , putting him in bodily fear, and taking from his person one man's hat, val. 2 s. one walking cane, val. 5 s. and eight shillings in money, his property .
June 23 .
Dedrick Jacob Hane . On the 23d of June, as I was coming from London-stone Coffee-house, about 11 at night, I was knocked down in Swithin's-lane by three or four people, I do not know who they were. They took my hat and cane and eight shillings and upwards in money, they did not say a word before they knocked me down. I called out, one of them said, it will be best for you to be quiet, another bid him shoot me. I pursued one of them into Cannon-street, up to Walbrook, crying out, Stop thief, I am robb'd, &c. one of the evidences, being in the street, pursued and took him. I, being much surprized, went home, and saw no more of it that night; the next day I was
Charles Priest . I am the man that pursued and took the prisoner. As I was going home between 11 and 12 o'clock at night the 23d of June, in Cannon-street by the end of Swithin's-lane, I saw the prisoner run, and the gentleman, pursuing him closely without hat or wig, crying out stop thief.
Q. Which way were they running?
Priest. Out of Swithin's-lane into Cannon-street. The gentleman stopped at the watch house door, at the corner of Swithin's-lane, and desired me to pursue the man; I pursued him, he ran up Wallbrook, fell down, and before he could get up again I collared him, and called to a watchman for assistance, which he did; we carried him back to the watch-house; the gentleman that was robb'd was gone when we got there. The prisoner was carried that night to the Poultry-counter.
Q. Are you very sure the prisoner is the man that came running out of Swithin's-lane?
Priest. He is the very man that was running as hard as he could, and the prosecutor pursuing, the gentleman was very near him; he was searched, there was about nine-pence, and a small clasp knife in his pockets.
Thomas Hussington . I was constable the 23d of June. I heard a screaming in the street, I listened to it, in about two minutes I heard it repeated, and also they called out for the watch; as I was unbolting the door I saw two men run by me very swiftly; as soon as I got out of the watch house, the prosecutor was at the end of the lane without hat or wig, in looking about we found the prosecutor's wig, and, in the kennel, we found a sort of a crab-stick; while we were thus searching the street, word was brought me, one of the fellows was taken; I would have prevailed upon the prosecutor to have gone down to the watch-house; he was so much surprised he would not, but went home. Upon my returning to the watch-house, Mr. Priest, the prisoner, and two of our watchmen were there. Mr. Priest gave a particular account how he saw Mr. Hane pursuing to the end of the Lane, and how he took him; giving the same account he does now. I examined the prisoner of his being there, and his running away in that manner? His answer was, he saw a riot and quarrel, and he was afraid of being drawn into it. I then asked him, Who he was, or what he was? he gave me no satisfactory answer as to his character; I searched him, and found as before mentioned. I found a pocket-book in his jacket, in which was his discharge from the King's service. I carried him to the Counter; the next morning he was examined by Alderman Winterbottom; he was there asked, why he run away, if he was an innocent person? his answer was, He heard there had been a robbery, and he ran away fearing he should be taken up by the watch. The Alderman told him, if he was an innocent person he ought to have gone and assisted the person robbed.
Christian Reader . The 23d of June, about half an hour after eleven, I saw three men in Swithin's lane standing up at Alderman Atkins's door, I knocked at our gate, and called our watchman out; I took a particular notice of the three men: as to the man's face, I can say nothing to it; but, as to his size and dress, I think the prisoner at the bar was one of them; this was about four minutes before the cry of Stop thief , &c. As soon as the out-cry was made, we came to the gate, and saw two fellows run up the lane; they, I look upon, to be the other two men, they ran towards Lumbard-street. I went next morning to the Poultry-Counter, and took two men with me, to whom I had given the description, and looked on the prisoner, and found he answered to the description I had given. I then did, and still think, he was one of the three men I saw standing there.
Q. What a clock was it when you saw them?
Reader. It was at least half an hour after eleven, I passed by them on the other side the way.
Prisoner's Defence. I am very innocent about the matter.
June 27 .
408. Ann Sherrington , late of the parish of St. Andrew Holborn , spinster, was indicted for stealing one pair of linnen sheets, value 5 s. two blankets, value 3 s. one coverlid, value 3 s. one brass-candlestick, value 6 d. one box-iron and two heaters, value 1 s. the goods of Hewerton Clark .
Feb. 15 .
June 15 .
As the prisoner was clerk to a Gentleman, who was agent for several regiments, his method was, after a bill had been paid at the bankers, witnessed on the back, he had the keeping of them in a drawer; he would erase out the name on the back, and send it again by another hand, and receive the money over again; and at last, rather than be found out, be destroyed those bills, with several others. It appeared, upon the learned arguments of the Counsel, that his crime was of such a nature, there was no act of Parliament in being to found an indictment upon. He was therefore acquitted by the Court without examining any witness, and ordered to take his trial, for high crimes and misdemeanours, the next day at Hick's-Hall.
411. Eliz. Ward , spinster, was indicted for stealing one cambrick handkerchief, one linnen shift, one silver tea-spoon, one pair of holland sleeves, one yard of long lawn, one dimetty waistcoat, the goods of Sarah Chambers , one velvet waistcoat, one cloth waistcoat, the goods of John Elise .
June 9 .
John Bird . I took the prisoner in Old-street near the church the 9th of June. She said, Dear Mr. Bird, I know what you are come about; I'll go with you, and tell you every thing I pawned; which she did.
Prisoner's Defence. My sister was in trouble, and I did it to assist her.
Guilty 10 d.
412. Ann Williamson , late of St. Mary Islington , was indicted for stealing two linnen shirts, val. 1 s. one perriwig, val. 5 s. one pair of leather pumps, val. 5 s. one pair of cloth breeches, one coat, one waistcoat, and three yards of cloth, said to be the goods of Isaac Armiger , Ann Ford , and Nathanael Day .
June 16 .
Isaac Armiger . The prisoner was servant to me, and behaved exceeding well. I keep a publick house ; she asked her mistress leave to go up stairs to mend some things, this was the 10th of June; after some time she was wanted below, but she was gone; her stays were on the bed, and her shoes by the bed-side. There was another way to go down stairs; my wife met her on those stairs, and she had got on a pair of pumps, coat, waistcoat and breeches, which belong to Nathanael Day, and my wig. I seized her by the skirt of the coat at the stair-foot, and said, Young gentleman, where are you going? When I examined her, she said she was over-persuaded to rob her master when she got settled, and she was to meet the person that gave her that advice at Hornsey; she had got the two linnen shirts, the handkerchief, and a piece of linnen-cloth in a bundle: she gave very little account of herself, and said, she was very sorry for what she had done. I hope she will find mercy.
Nathanael Day. I lodge at Mr. Armiger's. On the 16th of June I was standing at the door when I heard the cry Stop thief. Upon which I came in, and saw the prisoner at the bar upon the stairs with my coat, waistcoat and breeches on; there was a shirt in each coat pocket.
Ann Ford . I am a lodger in this house. I wanted something in the kitchen; I went up stairs, she was not in the room; I came down again, and saw her coming down the other stairs dressed in man's clothes.
Prisoner's Defence. I dressed myself in man's habit, because I was told I was a prettier boy than a girl; I only did it out of a joke.
Guilty 10 d.
June 8 .
414. Eliz. Spalding , late of the parish of St. Martin in the Fields , was indicted for stealing one piece of corral set with silver, two flannel petticoats, one diaper table-cloth, and other things , the goods of Thomas Winston .
June 6 .
Guilty 10 d.
415, 416, 417. David Fenn , John Cerner , and William Charles , were indicted for stealing twenty guineas, two pieces of foreign gold coin, called 36 s. pieces, a half guinea and some silver, the property of Henry Belsee in the dwelling-house of the said Henry Belsee , June 28 .
All three acquitted .
Josiah Howard . The 19th of May I and three journeymen packers left work and came to the Bull-head in Jewin-street; I get much in liquor, I paid my reckoning and went away, and got up as far as the top of Red cross-street , there I tumbled down, being quite stupified in liquor; I felt my watch, my hat, and handkerchief go from me; I was taken up by the watchman, who told me I had laid there about ten minutes; I advertis'd my watch the 27th of May, and the 26th of June; I read in the Advertiser there were eight people taken up in Kingsland-road and divers things found upon them; I went to Bridewell and found the watch I lost; it was in the taphouse.
Q. When had you your watch last that night?
Howard. About an hour before I went out of the house.
Guilty 10 d.
Guilty 10 d.
422, 423. Valentine Godwin and James Johnson , were indicted, for that they, in company with William Lacy and William Tidd , on the King's high-way, upon one Henry Aplen , did make an assault, and put in corporal fear and danger of his life, and did steal one man's hat, val. 1 s. one silk handkerchief, val. 2 s. and 3 s. 3 d. halfpenny in money, numbered from the person of the said Henry Aplen , June 25 .
Henry Aplen . I was coming through Whitechapel on Sunday was se'nnight, between one and two in the morning, driving a drove of sheep; there were five men met me, and ask'd me if I drove sheep along by myself, and I said yes. They stood round me; I said, pray do not disturb the sheep; they went away all five about three yards distance, then two of them came back, Valentine Godwin was one of them, the other three stood still, and these two took me by the collar: I said before they came quite to me, what would you have? they said every farthing of your money, and before I could pull it out myself they took it out; it was one half crown, and a sixpence, and threepence halfpenny, then the other three came up; the prisoner Johnson drew a knife, and said he would cut my head off, or cut my throat, if I did not give them all my money, saying I had more: I bid him to search me, for I had no more; then they began to pull off my hat, I thought they were going to strip me naked; they took my handkerchief and buckles, in the mean time I took great notice of them, I can swear they are two of the men; they desired me to promise I would not tell, which I promised them. When they were gone, I cry'd out. There were five men came out of an ale house, and they took an accomplice who is come here as a witness.
Edward Anderson . I was walking along Whitechapel, I met with three of these men last Sunday se'nnight in the morning, one of them I knew very well, that is William Tidd ; I ask'd him where he was going; he said, to take a walk up White-chapel : we cross'd over the Mount, and in the road there was the prosecutor with a drove of sheep before him: we came to him; he said don't disturb the sheep, because I shall be troubled to look them up. We went by him, two of our company went back again, that was Tidd and Godwin; Tidd took him by the collar and said, I must have all your money, and Godwin had one hand to the prosecutor's pocket; then we went one after another, Johnson stood with a knife in his hand, and said he would cut his throat if he did not deliver more money. When we had done we went towards Stepney-fields, and coming round we met five men; they having a suspicion we had fire-arms they never attempted to meddle with us. Johnson went up to one of the men and said, the first that laid hold of him he would rip him up; he had a knife in his hand; they all run away, and I being a little lame I laid myself down on the side of a bank, and one of them came and took hold of me presently.
Q. Did you see the prisoner Godwin take the prosecutor by the collar?
Anderson. No, sir, I saw him take the money out of his pocket; he might do it before I came up; I stood by the pales some time.
Q. Had Johnson a knife in his hand?
Anderson. Yes he had, my Lord.
William Hemms . I was the constable of the night at White-chapel watch-house; the old gentleman came and ask'd for a constable, saying he had been robb'd, and I don't know but my sheep are lost; he said the same there as he does here. While he was telling me about it another witness brought in one, which was Anderson; the old gentleman said he was positive that was one of them that robb'd him, so I took charge of him.
George Argent . The prosecutor was coming crying out thieves! &c. There were five of us went out of a house, he told us which way they were gone; we went into Stepney-fields, going along we came up to these five men that robbed the prosecutor; I walked through them all, and one of our company behind happen'd to say, I don't think but these are the five fellows that robb'd the old man. Johnson said he would stick him if he offer'd to lay hands on him. After these words were spoke they all run, so we ran after them, the last witness drop'd down and we took him; the others got off, so we brought him to the watch-house, and there was the prosecutor. Father, said I, I believe here is one of them that robb'd you? Yes, said he, I'll swear he was one of them.
Thomas Ind . On Sunday was se'nnight the witness Anderson was brought prisoner to us, on suspicion of robbing with several others; he told us who were with him in the robbery, and said Valentine Godwin worked with Justice Rickets in the Minories; we went and took him, we brought him to the goal, and in going hence with him he confess'd it was the first robbery he had done. Since he was an evidence here himself, he told us where to go after the other three, saying we might find them sometimes on Tower-hill, sometimes on Saltpetre-bank. Johnson was taken and brought to us last night for robbing a barber's shop, we took him before Sir Samuel Gore this morning and he committed him to Newgate.
Valentine Godwin's Defence. The evidence Anderson, when he was at Hick's hall, they made him fudled, and gave him some halfpence, and he swore any thing; and in Clerkenwell Bridewell he made his brags he would swear right or wrong to get his liberty.
Johnson's Defence. I had been drinking on Saturday-night at the Bull-head ale-house, and coming along White-chapel watch-house, I met with this man and two more, (meaning his fellow-prisoner) he asked me to give him a dram. I went to a gin-shop and gave him part of half a pint of gin: we went over the Mount, and as we walked along we met the prosecutor with some sheep, I was going to lie down in a hay-cock; one of the men that is gone went and did the robbery, but I know nothing of it.
Both Guilty Death .
424. John Palmer , late of St. Andrew, Holborn , was indicted for stealing out of a dwelling-house, one silver tankard, val. 20 s. two silver casters, val. 20 s. three silver salts, val. 20 s. one silver candlestick, val. 5 s. six silver spoons, two silver salt shovels, the goods of Richard Jackson , Gent .
July 3d .
Richard Jackson , I live in Southampton buildings, Chancery-lane ; on Monday last I came from my chambers at Clifford's Inn, and was sitting in my fore parlour-window reading; my servant came and told me my dinner was on the table. which was in my back-parlour. I went there to dine, and having sat down a little while, my servant coming out of the kitchen with some table-beer, saw a man running out at the door; i. e called out and immediately run into the fore-parlour and cry'd out, the plate is all gone, and immediately run out at the door, and I after her, the turning being so short he was got out of sight; I went through the King's-head tavern into the middle of Holborn, there I stood about a minute looking to see for a man running, and I saw the prisoner cross over to go into Gray's-inn-lane; he made a stop and saw me, and immediately took to his heels, that gave me a suspicion he must be the man: he running made me run, I pursued him down Gray's-inn-lane, he ran into a court, and a woman said, there is a man gone up the court. I ran to the farther end of it, I saw no body: said another woman there is a man in a brown coat gone into that house; as soon as I came to the door the prisoner was coming down the stairs again; I laid fast hold of him by the collar, saying, I have caught you, and guilt appear'd in his face immediately. I said, sirrah, you have robb'd me: he was in a great flutter, he denied he knew any thing of it, so I was pulling him from the house in order to put him in a coach, and a person near us saw something shine in his hand, who said, he has got a pen-knife in his hand, which, when we took them out of his hand were two of my silver salt-shovels; said I, whatever you brought in that bundle must be in this house. His excuse for running was, that he saw a man running in the street, and he ran after him; said I, where had you these two silver shovels? he said, the man drop'd them upon the stairs, and I took them up. I had him before the Justice and he
Q. How far distant were you from him when you saw him in Holborn?
Jackson. About the length of Middle-row.
( Cross exam in'd)
Q. Did you see the prisoner go out of your house?
Jackson. No, I did not.
Q. Have you any view from the fore-parlour to the back-parlour?
Jackson. No, Sir.
Q. How came you to run into Holborn, when you say you did not see which way the prisoner went?
Jackson. Mr. Hudson the Counsel, whose house is opposite to my door, he and his mother seeing the maid and I run out, Sir, said they, there is a man in brown cloaths run under the arch.
Q. Did you make any out-cry?
Jackson. No, I did not, Sir.
Jane Mason . I am servant to Mr. Jackson; I had seen the prisoner for three days before about our windows, he has often look'd in, and when he has seen me look at him then he would turn his back and lean on a post.
Q. Did you see him on the day the robbery was committed?
Mason. I saw him go out of the house that day, and I knew him when I saw him there to be the same. I had seen about the window; he was always in one dress.
Q. What time of the day was this robbery committed?
Mason. About half an hour after two I was coming out of the cellar with some beer, and saw him as I got on the top of the stairs going out of the door; I run into the fore-parlour and miss'd the plate: I called out to my master, my master and I run, but I did not see him 'till he was taken, and then I said I would swear to him.
Q. Did you hear any thing jingle when the man run out?
Mason. No, I did not, Sir.
Q. When did you see the plate last before this?
Mason. About five minutes before I went into the room for a bottle of wine.
Joseph Nesbit . I keep a publick house just facing Gray's-inn-lane. I saw the prosecutor run very hard in his night-gown and slippers, I thought it was very particular, and I jumped out of my window; said he a man has robb'd me, and a woman said there was a man run up a court which was no thoroughfare; then when we got there another woman said a man run into that house; the man was coming out, Mr. Jackson laid hold of him, and I saw the prisoner strive to put something into his pocket, which he had in his right hand; as it appeared bright I said, Sir, take care, for I think he has a knife in his hand, which, when I ungrasped his hand, Mr. Jackson took out these two salt-shovels. We carried him to a publick house, I got a candle and looked about: there was an old woman came down stairs and said there had been a man up stairs. When we were at the Justice's there was word come the plate was found in that house, and the prisoner said before the Justice the plate would be found there among some dust up one pair of stairs on the top of the stairs.
Richard Hillis . I ran through the court and came into Holborn, seeing somebody run towards Gray's-inn-lane, I ran that way and found Mr. Jackson and the last witness had got hold of the prisoner; I said, let somebody else hold him, and let us go into the house and search for the plate: we went up and searched about, but could not find the plate; Mr. Jackson took the prisoner away, Nesbit staid with me, we got a candle and search'd about; he went and left me when he thought we had searched every where, and I staid with some old women; I at last was thinking of going home, I set my foot on a stair, and was going to put my hand over into a hole: said one of the women, don't put your hand there, there is a chamber-pot. She took it out, then I put my hand over; said I, here is either plate or China, for it jingles; there I found this apron and plate, some in it and some out, and brought it to Mr. Jackson's house.
Prisoner's defence. That woman washes for me, I went for my shirt.
There were five persons spoke well of him as to his former character.
Guilty Death .
Q. Give us an account of what you saw at that time.
Barret. There was a cutter came ashore with about ten ton of goods, tea and other things; the tea was packed up in oil-skin bags containing 25 pounds a bag; I saw the prisoner there, he had a brace of pistols and a carbine or blunderbuss; I saw him at work with others in landing and loading the tea: when the custom-house officers came there were three pieces fir'd, then they drew up 12 in a rank; he was then amongst the horses loading them, I saw him carrying the tea away, he drove 3 horses from the beech, there were above fifty horses went away loaded, the prisoner went into the rank the second firing; there were I believe 60 or 70 pieces discharg'd by the smuglers.
Michael Pain . I remember this 30th of March there were near sixty persons arm'd, the prisoner had a brace of pistols and a carbine or blunderbuss, I know not which; there was a cutter lying off there call'd the Old Molly, there was tea brought on shore from on board her in oilskin bags, about the quantity of eight ton; I saw the prisoner help load the horses, and drive some before him from the beech; I was just gone away as the custom-house officers came, but heard the firing at a distance.
Robert Cheesman . I remember this gang of smuglers very well, there must be upwards of fifty; I am a custom-house officer, I went down with the other officers: I believe there were five or six and twenty arm'd when we came down, and about 12 or 14 fired upon us at first. There were about 18 or 20 custom-house officers of us, and some country-people to assist us; we got behind a marsh wall, then we fired at them, and they fired at us, I believe upwards of seventy pieces; they gave ground, and at last drop'd their goods, and went away two or three upon a horse; the prisoner rode by me with a man behind him; the man had a pistol in his hand without hat or wig; the prisoner had a brass piece flung behind him, he was on a bayish horse; we made a seizure of upwards of 3000 weight of tea, there were some half anchors of brandy, some cambrick and a deal of old cloaths, and some rack that I suppose came from the Indies.
Jervice Cooper. I am a custom-house officer, I was there when this seisure was made; there were 60 or 70 of the smuglers, and many gone away loaded before we came; we took some of their arms and 3664 pounds weight of tea in the usual paccage of uncustomed goods, and some other goods. I did not know one person there.
Prisoner's Defence. I know nothing of these people, and believe they never saw me before; I believe they'll swear any thing for the lucre of money.
Guilty Death .
426, 427. Sarah Evins and Ann Hinemore , late of St. Andrew, Holborn were indicted for stealing one dimitty bed-gown, val. 2 s. the goods of Samuel Jefferies , and one dimitty bed-gown, the goods of Susannah Ancomb , May 30 .
Both guilty .
The watchman deposed he took the prisoner in the night with the two coats upon him. The prosecutor, Moses Skeytts deposed the Coats were taken out of a coach-house that night; he swore to one as his property, and the other the property of Joseph Barnes .
Guilty 4 s. 10 d.
It appeared the prisoner went into the prosecutor's house to light his pipe, he went the back way out, was pursued as the goods were soon missed, and was taken with them on him.
Guilty 10 d.
Mr. Littler of the sum of 3 l. 13 s. 6 d.
George Alcock . I know the prisoner well; on Monday, the 19th of June, he brought a bill, and about three hours before, I received a letter by the post, signed William Gregory . Likewise the letter was regularly marked with the post mark, from Hertford-bridge, where he lives. He asked me, if I had received a letter from Mr. Gregory, saying, he worked with him: he asked me, how I liked those stockings that came up the week before; he said, Mr. Gregory was well, he left him the Sunday before. I paid him the money, and bid him witness it; he wrote his name on the top. I said that was not sufficient; he desired I would write again, and he would witness it to my desire.
The letter to this purport:
To Mr. Littler, Hosier, in Watling-street, near St. Paul's, London.
Odham, June 18.
I should not have put you to the expence of this, but there is a person of my acquaintance, I have received 3 l. 13 s. 6 d. for which I desire you would be so good to pay, and stop it out of the money due for stockings. His name is Samuel Jones ; he will send a person for it; he will not come himself for fear of a person in London. I hope the thread stockings will please you. I am your most humble servant, Wm Gregory .
The copy of the note.
Mr. Littler, Please to pay Mr. Samuel Jones the sum of 3 l. 13 s. 6 d. which I have given you a Letter about, and please to stop it out of the money due for stockings. Your humble servant, Wm Gregory .
Mr. Alcock. I know Mr. Gregory's hand-writing, I have twenty letters of his by me now, I have compared this with others, I have seen him write; this is not his hand-writing.
The prisoner made no defence.
Wm. Wright. The character that I have known or heard of him, has been that of a very just man till I heard of this. I have lent him money many a time, and he always brought it with so much pleasure and satisfaction, I should not in the least have mistrusted him; this I know, he has been cast away at sea, and been very much reduced within this very little time.
John Mason . I have heard he was in debt, but I never heard of any thing ill before this; he came to me, and wanted me to get him into the stocking way, or a gentleman's service, or any way whereby he could get bread.
June 21 .
Guilty 4 s. 10 d.
434. Richard Mapesden , late of Recculver in the county of Kent , was indicted, for that he, together with divers others, to the number of thirty persons, were assembled together in the parish of Recculver , being armed with fire-arms, and other offensive weapons, in order to be aiding and assisting in running and landing uncustomed Goods .
March 30. 1747 .
The Witnesses for the Crown were Barrat, Pain, and Cheeseman; it was for aiding and assisting in company with Uriah Creed that very time for which he is cast, his tryal will be sufficient, and for want of room is here omitted; to which the reader is refer'd.
Guilty Death .
435. Mary Kelley , alias Mason, alias Smith , was indicted for stealing a stove-grate with an iron back, four harrateen curtains, a warming pan, a copper sauce-pan, and other things, all laid above the value of 40 s. the property of John Kelley in the dwelling-house of Elizabeth Furnese .
March 20 .
John Kelley . The 20th of September the prisoner came down to Portsmouth, and came on board the Nottingham, she enquired if any there belonged to Dublin, I gave her some gin slip, she pleaded poverty, saying, she had no money to pay for her lodging, I gave her a shilling, and sent her on shore. We agreed to live together. I took lodgings the latter end of October; I gave her money to purchase goods for me; the first thing bought was a bed cost 50 s. an iron grate, 28 s. 6 d. fire-tongs, poker, tea-kettle, warming-pan and stewpan, 12 plates, 4 pewter-dishes, 7 chairs, a table, a large looking-glass, 4 harrateen curtains and 2 blankets.
Q. How came you to lose these things?
Kelley. On the 20th of March she desired me to go to Deptford to fetch a pig, and we were to get some peas and make it fat; and while I was gone, she got assistance, and carried away all my goods.
Q. What name did this woman come to you by?
Kelley. She said her name was Kelley, and she was glad to meet with any of the name out of the country.
Kelley. No, I never did. I have found some of the goods again in the man's possession she cohabited with last.
Prisoner. I took the room, and paid quarterly for it.
Q. Was it with your desire the prisoner should take the room?
Kelley. It was.
Prisoner. We went for man and wife, and lived together as such.
Q. Did you not, tell your aunt you were married?
Kelley. She passed for my wife; but I never owned her as such.
Q. Were you contented she should pass for your wife?
Kelley. I cannot deny that; but I never was married to her.
Q. Were they taken away by his consent?
Furness. I believe they were not.
Q. What time were they taken away?
Furness. I do not know the time exactly, it was a little before quarter-day; the prisoner then told me, he was gone to Deptford, or Greenwich, I know not which, and she was going to set up a shop.
Q. Who paid for those goods?
Q. Did they not go for man and wife then?
Macway. No, they did not.
Penney. They did not, to my knowledge.
Jos. Richman. The prisoner has been at my house several times after the man was robb'd. He had a warrant from Justice Broadhead to search for the goods. He had her taken up, had her before the Justice, and she was to have been committed; she got bail, ran away from her bail, and was taken again at Portsmouth, and brought to town, and lodged in the Round-house. She was taken out from thence to swear a robbery against the prosecutor: which she did; then he was committed. I once heard the prisoner say, she would swear her soul to the Devil but she would be revenged on him.
For the prisoner.
Q. Did you know the prisoner when she kept company with one Smith?
Macdonald. Yes I did.
Q. Do you know of her carrying any goods away?
Macdonald. I do not.
Paul Bucanan . The first time I saw the prisoner and prosecutor was in Christmas holy-days; they that time seem'd to take a liking to me and my wife; they have din'd together divers times in my house, and seem'd to be agreeable one with another, but I did not know where they lived; they sold fish, and were pretty customers as they pass'd and repass'd: I do not know whether they are man and wife. One night in particular I heard him say, my dear, go home and make the bed, and I'll not be long before I am with you: after bail was given in the woman was released, and Mr. Kelley and she have come to my house three or four times and have eat and drank together. I took upon me once to talk to Mr. Kelley, for charging the prisoner with a robbery and now to be so free with her; speaking broken Irish, h e said he had no intention to prosecute, or any thing of that nature.
Elizabeth Stiles . Mr. Kelley came to me the beginning of last October to invite me to his wedding dinner, to a house the corner of Prince's-street. I went in the evening, and there was a very great supper.
Q. Was there any entertainment?
Stiles. Yes, and dancing too.
Q. Did you look upon them to be man and wife then?
Stiles. They appeared so to me.
A witness. Mrs. Kelley came to bring me a gown to make, and told me it was to be her wedding-gown,
Q. Had they no words about Smith then?
Witness. There was something said about him.
437. John Whittall , late of Enfield, Middlesex , was indicted for breaking the dwelling-house of John Dutton , and stealing out thence one punch bowl, val. 15 s. one gold ring, one guinea in gold, three half-guineas, and six shillings in silver, the goods of the said Dutton .
June 8 .
Guilty 10 d.
June 28 .
440. Anthony Dunn , was indicted, for that he, together with two others not yet taken, in a certain field and open place, upon Thomas Crocket did make an assault, and put in corporal fear and danger of his life, one pair of leather shoes, val. 1 s. one pair of worsted stockings, one silk handkerchief, one pair of shoe-buckles, one half-guinea, and nineteen shillings and six-pence in silver, the goods of the said Thomas, from his person did steal, take and carry away . June 14 .
Thomas Crocket . I was come up to London from Kemsey, and in Smithfield these three boys came to me in the afternoon, on the 14th of June, they told me, if I would come along with them they would help me to a lodging, then they took me into the Fleet-market, then into Field-lane, there we bought some salmon for supper, then we went to the Golden-key on Saffron-hill, we had a pint of beer, which cost two pence, there we eat the salmon; then Edward Williams took me to his mother's house, the prisoner and the others went along with us; there they took three shirts that were tied up in a handkerchief, and said, they should be safe the next morning. I delivered them freely, and two pair of stockings: I observed, they locked the door while I was there, then Edward Williams's sister came in; then they said, they would not stay any longer; they took me into Smithfield again, where, they said, I could not have lodging, but should go to Islington, there I might have lodging plenty for three half pence a night. We went along in order to go to Islington , and when we came to the Ass field , it might be about ten o'clock, they said, they would go cross the field, and would be at Islington sooner. When we came into the middle of the field, Williams tripped up my heels; then the prisoner and John Bond lay upon me, while Edward Williams pulled my shoes, stockings and breeches off, with a silk handkerchief. Edward Williams took my breeches, and the prisoner my shoes and stockings, cursing and swearing all the while. They ran away as fast as they could, and I got up, and ran after them; the prisoner dropped my shoes and one stocking, I stooped to take them up, and could not see them afterwards. I found out my uncle the next morning, and told him what had happened. We went and found the place where Edward Williams lived, the prisoner came into the yard, and we took him.
Hugh Jones . I keep a publick house on Saffron-hill. About three weeks ago the prisoner came into my house, I believe it was between eleven and twelve at night, he asked for a pint of beer, then he said, he wished it had been half a pint of cyder; I changed it, he paid me three half pence for it: then he begged to leave this with me till the next day; but I never saw him since till now. It was the prosecutor's breeches bundled up without any thing about them; the prosecutor swore to them as his property. The prisoner's mother called for them about a week ago; I am sure it was the same boy.
Thomas Stevens . The boy that was robb'd is my own sister's son. A woman brought him to me about nine in the morning, on the 15th of June, saying, she found him crying in the Fleet-market, without breeches and one stocking; the boy telling the woman he had an uncle in town, and the place where he lived; she brings the boy to me, having bought, with the money she has got him, an old pair of breeches and an odd stocking.
Q. to the prisoner. How old are you?
Prisoner. I am going into my fourteenth year.
March 17 .
The prosecutrix depos'd he held one hand to her mouth, that she could not cry out all the time; which had no credit with the jury.
The prisoner had got these sheep before him on Islington-road, and no money in his pocket to pay Turnpike, being a person out of his senses, and his prosecutor not appearing he was acquitted .
444. William Bates , was indicted for stealing two linen table cloths, val. 5 s. two linen tablecloths val 2 s. two pieces of cloth val. 6 d. the goods of John Simpson , one linen sheet, the property of Ann Raphel , widow, June 34 .
Guilty 10 d.
Richard acquitted , but Steward guilty .
448. Mary Cook , late of St. John the Evangelist , spinster, was indicted for stealing one muslin handkerchief, val. 4 s. two guineas and two half-guineas, and 22 s. in silver , the goods of Elizabeth Mackril , widow, June 26 .
This was a drunken affair, the prosecutor took Mary Atkinson to Galey's lodgings; they lay together all night, and in the morning he missed his watch.
Galey in her defence said she thought they had been man and wife, and that Atkinson desired her to go and pawn her husband's watch, which she own'd she did.
Both acquitted .
The prosecutor not appearing he was acquitted .
452. Mary Parker , alias Hamond , late of St. Paul's, Shadwell , was indicted for stealing two damask table-cloths, val. 2 s. one quarter of a yard of silk, value 1 d. the goods of Charles Callop , May 18 .
William Armstrong .
Prosser acquitted , Briggs guilty .
Both acquitted .
Q. Was your chest lock'd?
Hawkins. It was, my Lord; the prisoner lodged there some time, and he absconded his lodgings that very day; I had him advertis'd, and he was taken on the 10th of May.
Samuel Church. I was at the taking of the prisoner in Holborn; when he saw us he strove to run away, knowing us; we live in the same alley: I followed and took him in Drury lane; he begged of us not to take him before the Justice, but to go first to his sister. We sent for her to an ale house, and then he confest in my hearing that he got a man to sell the coat and waistcoat in Rag-fair for 3 s. 6 d.
The rest as the former witness.
459. Lawrence Macarty , late of London , was indicted, for that he with a certain wooden stick or other offensive weapon, upon Thomas Baxter did make an assault, with a felonious intent the money of the said Thomas Baxter to steal, take, and carry away , June 30 .
Thomas Baxter . On last Friday was se'nnight, as I was going home about a quarter after eleven, I was stop'd near my own house by three men, who bid me stand; I asked them what they wanted; directly one of them struck me on the temple, and the other two began to beat me about the head; however I got from them and run to my own house; I knock'd, and call'd out thieves and watch! upon that Mr. Townsend, my next door neighbour, flung up his window to see what was the matter; and other people coming by, being alarm'd by my crying out, they were pursued, and the prisoner was taken in Mincing-lane and brought to the watch-house: I declar'd upon first sight he was one of them, and I believe I should know the other two.
Charles Standisostreet . I am porter in Leaden-hall market and I was going on an errand; when I came into Collom-street I saw the prisoner at the bar have of Mr. Baxter, and heard him bid him he had hold of him with his right hand and struck him with a stick in his left; then Mr. Baxter call'd out thieves and watch, and Mr. Baxter got away from him, and made to his own door, and wrap'd and went in; I went after the men crying out thieves, and never lost sight of the prisoner 'till he fell down; I believe somebody might flung up his heels; he fell just before he came to the Ball-ale-house, Mincing-lane, on the right hand side, and somebody took up a hanger within five or six yards distance where he fell I saw a man in a blue jacket fire a pistol; it was one of them which run I am positive; he was search'd, and there was only a knife and a shilling about him. Mr. Baxter came within about a quarter of an hour after he was taken, and then said he was positive the prisoner was one of the men that stop'd him.
Francis Street. As I was coming up Mincing-lane this same night between eleven and twelve, I heard the cry at the top of the lane, stop thief! and this man at the bar came full tilt against me; I took hold of him by the collar and tript him up; and in less than a minute there came another, and he let fly a pistol; he had not an opportunity to turn about before he fir'd, so did no hurt: the prisoner said, I am no way concerned; said I, then you are the better off; so I deliver'd him to the watchman and constable; I know the prisoner to be the man I took.
Stephen Whyate . I am the watchman in Mincing-lane; I heard the cry, stop thief! and presently I saw two men come running towards me; I was on the right-hand side of the kennel, which I went to cross, and said, if you come to me I'll knock you both down if I can; the first man that came I took him a knock, the other jump'd across the kennel and I jump'd after him and took him another; then I ran after them as fast as I could, crying stop thief! and heard the pistol go off: when I got up to the prisoner the other witness had got him by the collar, then we took him
Prisoner's defence. I had been drinking in a tavern and lost my way, being in liquor; there was a hurlyburly in the street, one of these men came to me and took hold of me, took my hat off, tore my collar, turn'd me upside down, and cut the waist band of my breeches.
Guilty of Felony.
463. John Brown , late of London , was indicted for stealing one wooden till, four iron keys, and 4 s. in money, the goods of James Williams , in the dwelling house of the said James Williams , June 15 . It being fully proved for the Crown, and the prisoner's witnesses in their cross examination contradicting each other he was found guilty .
There was proof she was married to one Richard Huff , but not certain as to the time, within a year or two; but no evidence to prove whether he is living, or was alive three months after the marriage, Acquitted .
468, 469. William Smith and John Lee , both late of London , were indicted for that they in the parish of St. Sepulcher , in the King's highway, John Davis did put in fear, and take from him one man's hat, val 5 s. June 14 .
John Davis . I live at Hoxton; I had been to receive some money at the other end of the town, but it was too late when I set out for home to bring my money with me, so I left it behind me. I set out from Charing-cross about twelve o'clock at night. I made the best of my way home, and coming down Fleet-street I met with the two prisoners at the bar with two or three more lads, and two women with them; they wanted to jo in my company going along; the biggest of these two lads picked my pocket of a handkerchief, and on putting my hand in my pocket, he gave it me no more words pass'd between us. I went down the New-market, they follow'd me, and seem'd to be going up ow-hill, so I went Chick-lane way, and stopping to make water at the upper end of the lane I observed a lusty man among them, and the rest were boys: this man came and struck me a blow on the side of my head with his fist, then they all fell upon me: the biggest of these prisoners struck me across the face with a stick, and would have pull'd off my hat and wig; finding them going, I got fast hold of my wig: I told them I had no money and turn'd about and saw my hat in the biggest of the prisoner's hand: the lusty man and the women run down the alley, and these two prisoners run towards Smithfield, and I followed them. I cry'd out, stoy thief! and run after them, and at the corner of Cow-lane the biggest was stop'd by a watchman, and another watchman took the other in Hosier-lane. The two prisoners were brought to me, and I said to the constable I knew them both; he saw what a sad condition they had made me in; they were sent to the Counter directly.
Q. Was you sober?
Davis. I was, my lord.
Edward Cruce . I am a watchman, I heard him cry stop thief! seeing a boy come running I stop'd him, and when we came to see the prosecutor, he was much bruis'd, having several cuts on his head and forehead.
Edward Phipps . I am a watchman in Hosier-lane, between the hours of one and two the 14th of last month, I heard the cry; stop thief, and heard somebody running up the lane; I put my lanthorn on the ground, and said, if he did not stop I'd knock him down; he said he liv'd on the other side of the water; then I took him back to where I heard
Smith's defence. Coming down the New-market, said the prosecutor to the young woman, will you drink any thing? where are you going? saying, you shall go along with me: she run into an entry, and he after her; she run down the alley: said he to a young man follow her and fetch her out; he took him by the collar and they both fell a fighting, and I stood on the other side of the way.
Prisoner Lee's Defence. I never saw any of them 'till the watchman took me in Hosier-lane.
Smith said, he was between 13 and 14 Years old, and Lee said he would be 13 next St. Andrew's day.
Guilty of Felony and acquitted of the robbery .
The prosecutor not appearing she was acquitted .
William Taylor . My master's house is in Noble street ; I was leaning over the hatch last Thursday was se'nnight, between six and seven in the evening; the prisoner came up to the hatch and shook hands with me, and ask'd me how I did, and if my master was at home; I said no, and that I did not know what hour he would come home; he ask'd me to come over to the Bell and drink part of a pint of beer. I did not go 'till he put his hand out of the window and beckoned me, then I went over; there were two or three young men in the room, but they went all out as I went in. It is a little room like a parlour with two small boxes in it; he said he had something to tell me concerning my master's business, saying, there is a cause of 200 l. to be decided between your master and a gentleman in Holborn; saying he himself was to have 100 l. and the other to pay away. He asked me to drink, which I did; after that he ask'd me how big my c - k was; I made no answer: he held out his little finger, and ask'd if it was so big; he put his hand to my side, I put it away immediately; then he put his hand to his own breeches and pulled out his - he bid me lie on my side, but I would not; because I would not, he said he'd f - k me that night; then, said he, what country-man are you? I told him Hertfordshire; he took me in his arms and kiss'd me five or six times: then said he, I'll take you down in a coach, and make you as drunk as an owl all the way you go. And if I would drink beer gallon after gallon, he would pay for it; the door was shut at that time.
Prisoner. I desire to know how many pints of beer this young man and I drank together there?
Taylor. We had two pints.
Prisoner. Why did he stay in my company above one pint, if he did not like my company?
Taylor. I did not see any thing amiss till after the second pint was brought in, I went out immediately upon this and fetched a constable; I returned in about two or three minutes, and the constable with me, and a great mob came about. The constable took hold of his arm, and ordered him to pay for what he had had; he prisoner flung down three-pence, and the constable gave him a kick or two on the back side, and called him Black guard old rascal, for making such an attempt on a boy, and turned him out of the house. I did not think he had punishment enough, ran after him, and with assistance brought him back again, and gave the constable charge of him, and he was committed.
Prisoner. I would know, whether his master, or somebody else, did bid him say these words?
Taylor. No-body bid me. I speak them as the truth spoke by the prisoner's tongue.
Q. How old are you?
Taylor. I was seventeen years of age last twelfth-day.
George Rouse . I am the boy's master. I was out of town, and left the boy to take care of the house. The next morning he told me, he had sent a man to the Counter, and telling me what the prisoner said about some hundreds of pounds, I went to him, but did not say I was the boy's master; he said, he was out of his senses: said I, Do you know the boy's master, or what was your business with him? he said, he had something for him, then he pulled out a petition [it was shown in Court, but not read, being only a petition to ask charity ] signed by no hand. I said, I wondered he should ask charity, and have money enough to seduce a person's servant out of his house, and treat him. He confessed he had treated the boy; the
The Alderman that committed the prisoner said, the boy had said the same before him at that time, only that of bidding the prosecutor lie on one side was then omitted.
The prisoner made a long and artful defence, to prove himself out of his senses at times, mentioning many gentlemen and ladies, who were his very good friends, and administred to his necessities sometimes a guinea at a time, through the recommendation of Dr. Mead, under whose hands he had been, and who found him incurable. He had no witnesses.
His sentence was, to be set in the pillory where the Conduit stood in Cheap side for the space of one hour , to pay a fine of one shilling , be imprisoned in Newgate for a Twelve-month , and find two securities, he himself being bound in a bond of 40 l. and the securities in 20 l. each, for his good behaviour for one year, and be confined in Newgate until he finds such securities .
473. James Rankin , was indicted for personating one James Sample , a mariner , with intent to get the wages due to the said Sample on board the Shirley Man of War , which was 14 l. into his own hands .
The money was told over on the board at his Majesty's Pay-Office; but the gentleman, by looking on him, perceived he was not the man.
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death, 12.
Transportation for 7 years, 38.
Abr Mops , Richard Highmore , George Johnson , John Lewis Junker , Christopher Sharp , Richard Howard , Richard Beck , Lawrence Macarty , Robert Obney , John Brown , Richard Jay , William Smith , John Lee , Mary Link , Ann Macparson , James Hill , Jane Rushing , Mary Willey , Hannah Bradley , Thomas White , Andrew Darvey , Thomas Obrian , Martin Lacy , Samuel Hutton , George Parish , Eliz. Spalding , Thomas Smith , William Hudspitch , Jane Hambleton , Sarah Evans , Ann Highmore , John Cooper , Tim Bean , Sarah Riley , Elizabeth Leonard , William Bates , Henry Dixon , and Sarah Briggs .
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.