HELD AT JUSTICE-HALL in the OLD-BAILEY,
On Wednesday the 11th, Thursday the 12th, Friday the 13th, and Saturday the 14th of July.
In the 24th Year of His MAJESTY's Reign.
NUMBER VI. for the Year 1749.
BEING THE Second SESSIONS in the MAYORALTY of the
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1750.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Honourable JOHN BLACHFORD , Esq; Lord Mayor of the City of London, the Lord Chief Baron PARKER , Mr. Justice FOSTER, 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 Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.
Thomas King . I am a bookseller , and live in More-fields , these books were stolen out of my shop, I missed them within a quarter of an hour after they were gone. I know them to be mine by my private mark in them.
John King . I am brother to the prosecutor, I live within two doors of him. I bought these books of the prisoner at the bar; the day after I bought them my brother told me he had lost them. He came to my door again after this, I let my brother know of him, so we took him up and carried him before Alderman Benn, before whom he owned the fact.
Prisoner's Defence. I had two volumes of the Athenian Oracles, I exchanged them with the prosecutor's wife about two months before this.
Prosecutor. My wife had been dead above two months before.
418, 419. John Mitchell and Mary Smith , were indicted for stealing out of their ready furnished lodging rooms, one pair of sheets, two pillowbiers, a looking glass, a linen towel, one diaper napkin, a mahogony waiter, the goods of Ann Kirk , widow, against the form of the statute in that case made and provided , June 25 .
Mary Kirk . My mother Ann Kirk lives in Holbourn, the two prisoners came to take lodgings of my mother the 25th of June. They agreed for the first floor ready furnished for seven shillings a week, and desired the Rooms might be got ready, and the bed sheeted. They went away and said they should be back in a quarter of an hour; they returned again in about an hour and an half, which was about three in the afternoon.
Q. Did they pass for man and wife?
M. Kirk. My mother understood them to be such. They said they were come from the country. They went up stairs into the rooms, they staid there about half an hour; then they came down and locked the doors, and took the keys with them, and said they should be back again by nine o'clock. They not coming back at eleven, my brother went in at the window and took off the
Q. Where was you when the lodgings were taken ?
M. Kirk. I was in the passage, and after that I drank tea with them in the parlour.
Q. Who offered the seven shillings per week?
M. Kirk. The woman, my Lord.
Q. Do you live near the Prosecutor?
Saunders. It is about ten or twelve doors distant, she agreed with me for some goods, which came to 55 s. She ordered me to make a bill and go with her to her aunt's in Dean-street, and take the money. I took her through Bartlet's buildings ; when we came there she desired me to walk up stairs. John Mitchel , the other prisoner, desired me to walk in; I laid my goods down and gave him my bill and receipt. He asked her if she had run him up a long bill, she said, no, it is but 2 l. I said it was 2 l. 15 s. They made off with my goods, I pursued them and found them at Black fryar's stairs, she in a boat and he getting in; they had two bundles besides mine, one of which were the goods mentioned by the other witness : my goods were in her possession, and the man had these goods in his possession, lying at the bottom of the boat, and said, be it at their peril who dare touch them.
Thomas Atubury . I am the constable's servant, my master is very ill, he desired me to attend here with this bundle, [the goods were produced in court, Mary Kirk swore to them as her mother's property.]
William Kirk , deposed to the prisoner's taking the lodgings as his sister had done before, and also his getting in at the window and finding the things gone, and that they were his mother's property.
Both guilty .
420. Ann Lege , spinster, was indicted for stealing one copper tea-kettle, val. 6 d. the property of William Cowell , June 9 . The prosecutor not appearing, she was acquitted : and the recognizance ordered to be estreated.
Mary Fox . I live near Hyde Park corner. I lost these things the 13th of June at night; I saw them the night before and have not seen them since, but the prisoner told me he took them the Friday was 7 nights after. I live at the Lock hospital, and the prisoner was there a patient some time. It was Mr. Saunders who keeps the Duke of Cumberland's head in Ratclif highway who informed me of the prisoner's having such things; but he is now out of town.
Prisoner's Defence. The gentlewoman came into the brick-field and desired I would tell her the truth about it; and that she would not hurt a hair of my head. And by reason I was in a good place I was afraid she would take me away; so I said somewhat, but what I can't tell being in such a surprise.
Francis Eastwoff . I am servant to the prosecutor, he keeps White's chocolate house St. James's street. On the second of June Mr. Warner sent a letter to my master desiring him to come to his house; I went, he asked me if I knew these things, I said they belong to my master; he said, he had got the man in his house who offered to sell them to him, which was the prisoner at the bar; the prisoner told me he stole them out of our one pair of stairs room.
Prisoner's Defence. I know nothing at all of these things, I was taken from the Gatehouse, and tried about them at Westminster hall and was cleared.
Warner. The prisoner was taken to Westminster-hall to have the bill found against him.
Prisoner. I was turned out of court.
Warner. He was brought back to the Gate-house again.
Prisoner. I only lay there till I could pay my fees among the rest of the prisoners.
Henry Peak . I live in the Broad-way, Westminster. I am a perriwig maker, the prisoner came to work with me the very same day, July 2. I went to shave a customer, and he was gone when I returned, and the wig too; he had not been with me above four hours.
Q. What sort of a wig was it?
Q. How long had you been absent?
Peak. I believe about a quarter of an hour, my Lord.
Q. Why do you charge the prisoner at the bar?
Peak. Because, my Lord, he confessed the taking of it before the justice, the constable and me, where he sold it, and for what. I was with the man yesterday, he is a waggoner; he said the next return he would bring it up: it was sold for three shillings.
Prisoner's Defence. I know nothing at all of the wig. I had been drinking all day; his wife wanted me to fetch her half a quartern of soap, which I resented, and went out; I met a friend, who asked me if I would drink a pint of beer; I staid about three or four hours, so I thought it not worth my while to return. He is a very scandalous man in regard to his journeymen, which was the reason I would not work with him.
To his character.
Guilty 10 d.
424, 425. Samuel Cook and James Tyler , were indicted, for that they, in a certain field or open place near the king's highway, on John Darnell did make an assault, puting him in corporal fear and danger of his life, and taking from his perosn five shillings in money, numbered , the money of the said John, June 14 .
John Darnel . On the 14th of June, just as Hackney church clock struck five in the morning, I was between Dalston and Hackney; Tyler came up first and bid me stand, I told him I had no money; he put his hand in my pocket and took out five shillings and two keys; they divided the money before my face and gave me back my keys and six pence to drink their healths; the other prisoner stood by; they said they had fire-arms, and that if I offered to make any resistance they would blow my brains out. Tyler had a hanger in his hand with a brass-handle. He then had a white frock on. Cook was in a sailor's habit, and a green apron on.
Q. Was you alone ?
Darnell. Yes, my lord, I was; I was going to a farm which I occupy. They were taken the Monday following. I was sent for to Hackney-cage to see them. They were had before the Justice, and examined about stealing a shirt. After his worship had done, I said to him, this Tyler is the very man who robbed me; and he cried terribly.
Tyler's Defence. I never saw the prosecutor with my eyes, till I saw him before the justice.
Cook's Defence. I was coming from Hackney, and a woman charged me with stealing a shirt. This old man came and shook hands with us, and said I know nothing of you; and after that he swore wrongfully as the child unborn.
Both guilty Death .
426, 427. John Kingston , and Abraham Wright , were indicted for stealing one cotton gown, value 6 d. two linen shifts, value 2 s. the goods of Eliz Hurdle , Widow; two linen-shifts, value 2 s. the goods of Anne Hudson , spinster, June 22 .
Elizabeth Hurdle . I live at Hackney ; I hung out these things, mentioned in the Indictment, to dry in my garden, June 22, between 11 and 12 o'clock, and missed them about 3 in the afternoon, as near as I can guess. I do not know who took them; they who did came over the wall. We could see the currant bushes trodden down. The other witness can give an account how the prisoners were taken, and the goods found.
Matthew Ecclestone . I am constable; I was sitting at my own door about 1 o'clock the 22d of June; I saw Wright go by with something in his apron; he seemed much affrighted; he dropped one corner of his apron, and I saw some linen in it. I made a signal to a person, who, with the assistance of another, took the prisoner. He dropped the things behind the watch-house, and they were owned by the prosecutrix.
George Hoxford . I was at dinner; I heard the cry in the street that they had taken some rogues, who had stolen some linen. When Wright was taken, he made an attempt to get away, and fought the people that held him; he bit me, and said, if he got his liberty, he would kill me.
Anthony Holley . I was working in a farrier's shop; there was a report of a man gone by with something not his own in his apron. I went out, and saw the things lying by the watch-house. They had then taken Wright.
Wright. I a m guilty; I was by myself.
Kingston's Defence. I had been drinking at Hackney. As I was going cross the field, they ran after me. I went to jump over the hedge, and fell into the ditch. They came and laid hold on me, and said I must go back to my companion. The young man [meaning the prisoner, Wright ] was asked, if he knew me; he said no otherwise than that he had seen me at the alehouse some time ago.
Kingston acquitted ; Wright guilty .
428. Charles Brown , was indicted for stealing one brass-kettle , value 5 s. the goods of Robert Nudkins , June 21 ; the prisoner owned in court he did it having no friend in the world, and being in great want.
Guilty 10 d.
429. Benjamin Chamberlain , was indicted for that he on the king's highway , on George Powel did make an assault, putting him in corporal fear and danger of his life; one metal watch, value 40 s. one pair of silver-buckles, value 5 s. against the will of the said George, from his person did steal, take, and carry away , June 24 .
George Powell . On the 24th of June last, about one in the morning, I was going up Chancery-lane , in order to go in at Lincoln's Inn gate; just as I got opposite to the gate, I was surrounded by four men; one of them is here to give evidence; he put a pistol to my face, and bid me stop; they got me up with my back against the houses, and bid me deliver my money; the prisoner at the bar, as I believe him to be the man, stooped down and took my buckles out of my shoes.
Q. Was it a light night?
Powell. It was a darkish sort of a night.
Q. By what do you believe the prisoner to be one in company?
Powell. By his shape and size; not that I can tell him by his face; I believe him to be in the same coat he has on now; he then risled my breeches-pockets, and took out my watch, a pinchbeck metal one, and shagreen case, with an enamel'd dial-plate ; the other stood by; the man that held the pistol ask'd him what he had got; he made answer, his Lodge; then away they went together. I do not swear positively to the prisoner.
Q. Who do you mean by we?
Omit. The prisoner, Thomas Blunt , James Clark , and myself; we made a bargain to go out a robbing about Chancery-lane; the prisoner (Chamberlain) agreed, and took a mop-stick at the same time, and cut it in two; he gave one half to Thomas Blunt , and the other he kept himself; this was at his lodging, a house that harbours all whores and thieves; first we went down to Fleetditch side, then to Chancery-lane. I went up to this gentleman, and put the pistol to his head; it was better than an hour and half from our first setting out to the time we stopp'd him; we had been drinking about from gin-shop to gin-shop.
Q. Whereabouts in Chancery-lane did you meet the prosecutor?
Omit. It was almost opposite the gate; the gentleman knew me, and I knew him again as soon as I saw him at Justice Fielding's.
Q. Give us an account of this Robbery.
Omit. I clapp'd him up against a house, and Chamberlain flung his stick down by the side of the gentleman. After I had clapp'd a pistol to his head, he took the buckles out of his shoes, and after that his watch from his pocket. I ask'd him what he had got; he said his Lodge, meaning his watch. The gentleman proffer'd me some halfpence, and I returned them to him again from out of my hand; then we went one way and he another; we went towards Lincoln's-Inn-Fields, then towards Fleet-market, then to Duke's-place; there we drank. The prisoner sold the watch the next morning to a Jew. The Jew's name is Alexander Minous ; we were all four together when it was sold.
Q. What was it sold for?
Omit. It was sold for 25 s.
Q. to Prosecutor. Did you see the person who took the buckles out of your shoes lay something down out of his hand at that time?
Prosecutor. He laid something down, I thought it was a hanger.
Q. Did you deliver this witness some halfpence which he returned again?
Prisoner's Defence. I never was guilty of any such thing in my life. This Omit is a cruel man to say so much as he has done against me.
Guilty death .
See No. 371 in the last Sessions-book.
430, 431. Ely, otherwise Ely Smith, otherwise Horseface , and Henry Webb , were indicted for that they, together with Ben the coal-heaver, on Henry Smith did make an assault on the king's highway, putting him in corporal fear and danger of his life; one hat, value 1 s. one steel tobacco-box, value 1 s. and 1 s. in money, numbered from his person, and against the will of the said Henry , June 9 .
Henry Smith . On Friday, June 9, between 8 and 9 clock, I was coming home; I saw Mr. Bennet the constable ; I staid a long time with him in the watch-house; coming from thence through Breams-buildings, I was got about half way in the buildings, I heard somebody trip after me; I went to the turning that goes to Bond's stables ; in about half a minute Smith came running up on the right side of me: he said, hollo; hollo, said I. He ask'd me where I was going; I said, what is that to you? Instantly came three more men, and took hold of my collar. Webb was one of them; Webb put a pistol to my cheek. One of them said, fisk him ; they then set to rifling me ; they took from me a shilling, a steel tobacco-box and my hat; I stared them full in the face. Then they pulled my hat over my eyes; one of them took my hat away, and put his old one before me, and held it there till they went away together. I was mentioning this in the neighbourhood, and I was told there had been a gentleman robb'd hard by, and they chang'd his hat. I found him to be Mr. Jones; so I went to him; he said they left him but an indifferent one. I said, before I saw it, if it was my hat there was a remarkable slit long ways in the brim; he shewed it me, and it was the hat they took from me: so they finding they had no great bargain of mine, they left it with him. I had told the Constable the next morning how I was served; and that day se'nnight he had taken these men, and I was sent for before Justice Fielding; and as soon as I went into the room, I knew Smith: but as to Webb I could not positively swear to him then; but afterwards when I saw him in Bridewell with the coat on, which he had when he robbed me, I said, you are surely the man that put the pistol to my cheek. He then laughed at me. I had before described them both to the constable. I would be very tender in swearing; I swear, I verily believe Webb is one of the men that robbed me.
Q. What night was Mr. Jones robbed?
Smith. The same night I was, my lord.
Charles Jones . On the 9th of June, about one o'clock in the morning, I was coming under Castle-yard-gate, coming into Holborn, there were four men collared me, and took from me my watch and some silver; my hat was almost new, they took that, and gave me one of theirs. After this, Mr. Smith, the prosecutor, came to my shop, telling me he had been robbed &c. he described the hat to me before he saw it; I shewed it him, and he said it was his.
Q. Who was the person who took away your hat?
Jones. I cannot be positive, but I think Smith came up first; but they covered my face, that I cannot tell who took away my hat. I think I remember something of the two prisoners faces, but I do not swear to them.
John Omit . On the Friday in Whitson week we all met at the Bricklayer's arms, in George-alley, by the side of Fleet-market; there was Ben. the coal-heaver, the two prisoners, and myself We made a bargain to go out a robbing that night; it was 12 o'clock before we went out from George alley. Near Lincoln's-Inn-Fields, by the side of the gate we stopped a little man, and took half a guinea in gold, and silver as much as made it up 16 s. 6 d. then we turned down a turning that went back into Chancery-lane; then we saw this gentleman, the prosecutor, coming from the watch-house, we followed him towards Bond's stables, Smith ran after him, and took him by the collar, and we came up and took from him a shilling, a tobacco-box, and exchanged his hat. Then we left him and went up Chancery-lane towards Southampton-buildings ; there is a gate-way goes into some buildings ; there we stopped Mr. Jones, took his watch and some silver from him. Smith was the person that changed his hat, because we thought his hat better than the other gentleman's. Then we went to Plough-court, at the bottom of Holborn-hill, a thoroughfare into Field-lane. We lay down there till between 5 and 6; then we went to Duke's-place, and sold the gentleman's watch to Alexander Minous , a Jew. We shared the money going home. Both the prisoners have been concerned in divers
Q. Where is Minous the Jew?
Omit. He is not yet taken.
Q. What arms had the two prisoners this night?
Omit. They had both pistols, my lord.
Ben. Bennet. I am constable. On the 15th of June, about 12 at night, going my rounds behind the Bagnio, out started one of the prisoners; he went down to the bottom of the horse-ride by the Star-Inn; he stopped at the corner. When I came down to him, he put his hand to my collar; I immediately called out, watch and thieves. There were three gentlemen came to my assistance, one of them drew his sword. I was bustling with him; he had got away from me, and ran towards Chancery-lane. We took him in about a minute and half. This was the prisoner, Webb. And we took Smith also.
We took them both to the watch-house. We found nothing upon them. They swore revenge upon me. if ever they got out again, saying, they'd make me remember taking another man up. I carried them to New-Prison. The next morning Mr. Smith, the prosecutor, went and swore to one of them; and about an hour after I came from the prison, one of our watchmen went to the place where they took me by my collar, and took up this pistol, holding it in his hand.
Both guilty Death .
George Farmer . On Wednesday the 13th of June last, I was sent for to one James Dickson , servant to a pawnbroker in Hounsditch ; he shewed me a bit of hair-shag, and asked me if I dealt in them, or dyed any. I said, I did. He said, a servant of mine had brought a quantity to his house to pawn, and he had stopped him.
Q. Was the prisoner your servant ?
Farmer. He was, my lord, the prisoner confessed to me he had taken about eight yards in all from me.
James Dickerson . I am a journeyman pawnbroker. I live at the cannon in Hounsditch. On the 13th of last June the prisoner brought a remnant of scarlet shag. I asked him, if I had not taken such another remnant from him about three months ago; he denied it, but I was very certain I had; I told him I would go home with him, and if I found it to be his property I would lend him money upon it, but in going along he took an opportunity to escape from me. I made it my business to enquire after him, and was at last directed to him at Mr. Farmer and company's dye house.
Q. to Farmer. Have you any partners in your business ?
To his Character.
Gyles Readhouse. I have known the prisoner about a year, I took him to be a very honest man.
John Bowston . I live in East Smithfield in Stone-house yard, I am a taylor , I missed upwards of three yards of cloth the 28th of May, out of a room where none went into but she, my wife and I. Here is a yard and half taken out of pawn.
Q. Is the pawnbroker here?
Bowston. No, my Lord, I am a poor man and thought it would put me to charges to bring him.
Q. Was this woman your servant?
Bowston. She lodged in my house, and worked for me.
Prisoner's Defence. There was another woman worked in the room with me at the same time the cloth was lost.
Q. to the Prosecutor. Was there another woman worked with her in the same room at that time?
Prosecutor. There was a woman did which the prisoner employed.
John Christopher Gohl . I was in company with the prosecutor and Mr. Stronginthearm, we no sooner got out of the house where we had been drinking, but Mr. Stronginthearm saw two men in pursuit of the prosecutor; he immediately called to me, and said, Gentlemen, have you lost any thing? Then I saw Mr. Wiggington's handkerchief one part under the prisoner's feet, the other corner he held in his hand under his coat. When we searched him there were more handkerchiefs found upon him.
Thomas Stronginthearm . The last witness called upon me, we had been drinking, when we parted I saw the prisoner Winter jump out of Shoemaker-row, he had a partner with him, they followed them close under the arch in Aldgate; I followed the prisoner and his companion close almost through ; the Prisoner turned upon me, I suspected he had got his prey, so I called to my friends; Mr. Gohl said he had got his handkerchief, but the prosecutor replied I have lost mine. I had got the prisoner by the hand; I cast my eye under his foot and there lay the handkerchief; the prosecutor said it is mine, and I will prosecute him cost what it will.
Prisoner's Defence. I was going to seek for work, when I went through Aldgate I saw a lad in a blue coat drop something, then the gentleman came and laid hold of me.
Guilty 10 d.
Joseph Hunter . On the third of June, a little on this side the Mansion-house, the prisoner picked my pocket, I took hold of his hand just as it was coming out. I took him to the watch with it in his hand.
Q. Had he got the handkerchief quite out of your pocket before you took hold of him?
Hunter. I believe part of it was in my pocket.
Prisoner's Defence. I took it from off the ground.
Q. Did you see the prisoner in your room?
Thomas Bonivel . The prisoner brought this shirt to me to pawn the 18th of June. I questioned him if it was his own, he said it was his brother's; I said, where is your brother? he said at a house in Petticoat lane ; accordingly I took it in, and about three hours after my next door neighbour came and said to me we have got a thief; they wanted to carry him before a magistrate; I being head borough I went to see him and knew him again, then I found he had stole this shirt. I put the shirt in my pocket and carried him before Sir Samuel Gore : this woman was asked whether there was a mark on the shirt; she said there was, either black or blue. I looked and found it to be as she described, so he was committed.
Prisoner's Defence. This pawnbroker takes in things on Sundays: I told him if he took in any thing of my wife's I would take him up; so the next day he took me up for stealing a shirt, he said.
Guilty 10 d.
Robert Bennet . I lost my hat and wig out of my kitchen on the 28th of June, about eight o'clock in the morning. I am a baker and was below doing my business. I went into Rosemary lane when I missed them, to request, if such things should be brought there, that the person might be stopped who should offer them to sale. The prisoner was afterwards stopped and I sent for; I took her before Sir Samuel Gore . The next witness can give a fuller account of the matter.
John Archer . I live in Rosemary lane. About seven o'clock, June 28, the prosecutor came to me and described the hat and wig, and desired me to stop the person who should bring such. After this the prisoner came with the wig. I asked her the price; by the descriptions given by the prosecutor I knew the wig. I stopped her and went to the prosecutor, who lives in St. Catharine's lane , so we took her before Sir Samuel Gore .
Guilty 4 s. 10 d.
Edward Burguss , was indicted for stealing four knives with silver handles, value 30 s. seven forks ditto, value 30 s. the goods of Charles Knowles , Esq ; in the dwelling house of the said Charles Knowles , Esq; June 20 .
John Nevil . I am butler to Admiral Knowles . I had laid the knives in the usual place, designing to clean them; the Prisoner came to my master's house, and told me he wanted to speak with the Admiral, to solicit his interest about getting him into the hospital; I told him my master was gone, and had given him charity when he went away. In the afternoon about 4 o'clock I had intelligence of him, and he was stopped. Here are two of the knives, the others I can give no account of.
James Chariot . The Prisoner at the bar brought this silver handle knife to me the 20th of June to sell. I asked him how he came by it, he said it was a present from the Admiral to him. Mr. Nevil when he saw it said, it belonged to the Admiral, and that he had lost thirteen more.
Q. Did you stop the Prisoner?
Chariot. He said he would go back and fetch the others; he went, but came no more.
Mr. Nevil deposed it belonged to the Admiral.
Prisoner's defence. I went the day before to Admiral Knowles ; I never offered to take any thing in the world; I never wronged man, woman, or child. I came home; coming into the yard, there was a man, who asked me to drink a dram of gin; he told me, he would give me a pot of beer if I would drink it; I was much in liquor. He said, if you please go along with me to the gentleman's house and see him weigh it, to know what it comes to; (I thought then it was brass.) I went back, he told me he would make me drink; then there were four men came in and knocked me down. The man that should have come here a witness for me, was put into Clerkenwell Bridewell for a robbery.
Guilty 39 s.
439. Thomas Crawford was indicted, for that he on the king's highway, upon Valentine Harris did make an assault, putting him in corporal fear and danger of his life, one silver watch, value 3 l. one periwig, value 10 s. from his person did steal, take and carry away .
July 5 .
Valentine Harris deposed the same he did on the trial of Mary Dimer , in Sept. Sessions last, to which paper the Reader is refered No. 582. with this addition ; that he was very certain the Prisoner at the bar was the man, who in company with Mary Dimer , (since executed) did commit the robbery, having a clear view of his face.
The Constable deposed the same as in the other trial.
Mary Wise . Mary Dimer was my daughter. I know the Prisoner and my daughter did use to keep company together; here is a woman, at whose house they lodged together, can give a better account of him than I can.
Q. What night?
Johnson. I don't know the day of the month, but it was of a Tuesday. She nor he ever came home that night; the next morning I heard she was taken up for stealing a watch. He had a remarkable* mould on his left cheek.
* It was reported some time before his trial came on, the mould had been taken off by art.
For the Prisoner.
Elizabeth Wolley . On the 5th of last July, the Prisoner happened to come by my husband, my husband said, here is your play-fellow gone by; this was between ten and eleven o'clock in the forenoon. I had lain in about twelve or fourteen days; I desired my husband to call him back, I had not seen him some years, which he did. I desired him mightily to stay with me; he said he was going to Islington. I having sent my child to the church to be baptized that day, is the reason I can remember it so well.
Q. Did he stay with you any time?
Wolley. He stayed with me from that time till 5 o'clock next morning. He was in liquor and sat down in a chair. My husband got up and went to work, and said he would go to his mother, but whether he did or not, I can't say.
Q. Where was the child baptized?
Wolley. At Cripplegate church; it being very ill, made me hasten to have it christened.
Q. Where do you live?
Wolley. I live in Golden-Lane, facing the hand and tipstaff.
Mrs. Olifant. I was servant to Mrs. Wolley at that time. My mistress desired Mr. Crawford to stay with her, he stayed till the company broke up; about eleven o'clock, he, being in liquor, sat down in a chair and slept till morning, and gave me a shilling for awaking him at five o'clock.
Q. Was the child christened that day your mistress speaks of?
Olifant. It was, my Lord.
Q. What is your mistress's business?
Olifant. She is a fish-woman, and my master a carman; I am positive as to the day, my master would have paid me, it was on a Wednesday, my month being up that very day.
Q. to Mrs. Wolley. Why did not you bring the account of this christening taken from the register of the parish?
Wolley. I did not think there would have been occasion for that.
Guilty , Death .
440. Mary Kelley , late of Fulham , was indicted for breaking and entering the dwelling house of Henry Holland , and stealing from thence five copper sauce-pans, value 12 s. one brass saucepan and one brass kettle, value 12 d. the goods of the said Henry.
June 5 .
Henry Holland . I live at Fulham. On Whitsun Tuesday morning my servant Ann White got up before me. She called and said, my house was broke open; this was about four o'clock. I got up and found a window-shutter taken down, also a casement, where the thief got in, and the door was opened to go out again. I lost these things mentioned in the indictment. They were all in the house at night going to bed. I saying I had been robbed, a man came to me the next day and said, he saw the Prisoner at the bar with some sauce-pans in her apron. I inquired amongst the watermen, and found she was gone to London. About three days after, my man took her and brought her to Fulham; I went to her at the Constable's house, she had denied it for some time, but confest it to the Constable before I came, and after that to me; she said she had a fellow with her who got in at the window, and took the things and gave them to her, and that she had carried them to London, and sold them to a person who is now here to give evidence against her; and that if I would forgive her, she would pay me for them, or get them for me again.
James Baniman . I am a broker, and live in St. Martin's in the Fields; the Prisoner at the bar sold me four copper sauce-pans, and a brass kettle at a market price; she told me they were her mother's and hers, and that they were going to remove farther off, so they would not pay carriage thither. I gave 10 d. a pound for the copper, and 6 d. for the brass ; I put them out at my door to sell, and the prosecutor came and owned them.
Q. What day did you buy them?
Baniman. She brought them about a month ago, between nine and ten o'clock in the morning.
Prisoner's defence. I bought these things of a stranger, and brought them to the last witness to sell, he did not ask me whether or not they were stolen.
Guilty of felony only .
June 21 .
Becket Mitchel. I keep the Faulcon ale-house , Clerkenwell . The sauce-pan was taken from my yard June 21. between eight and nine o'clock in the evening, I found it again the next morning. My wife had a suspicion of the Prisoner, who lived in the neighbourhood; he came the next day to clear himself. I told him, I thought he was guilty, and if he had pawned it I would fetch it out. I stopt him and sent for the keeper of Bridewell to assist me; we took him before the justice, there he acknowledged he had pawned it, also he did acknowledge the same before we got there. I went by his direction and fetched the sauce-pan.
Prisoner's defence. I was in the Prosecutor's ground playing at skettles, they lost a sauce-pan. I went there the next morning to drink a dram, and they stopped me on suspicion.
Q Where is the person to whom the sauce-pan was pawned?
Prosecutor. He would not come here without I subpoena'd him, and I did not.
June 19 .
John Hale . On the 19th of June my watchman, Thomas Alexander , called me up about a quarter of an hour before 3 o'clock; I looked out at the window, he told me I had been robbed, and the Prisoner was the man who robbed me, he had him then by the collar in my yard; I live in Islington road, Clerkenwell . I went into the garden, and saw the linen which was left hanging there was all gone. I had seen it there over night, the things were taken and brought back, and were there lying upon a dray.Thomas Alexander ran about three hundred yards, and I ran; I was about five yards off the Prisoner when he flung down the linen; there was his apron. We brought him back; he said he did not belong to the linen. I shewed him the apron, he said that was his.
June 14 .
Evan Harris . I am a taylor , I had been taking up fustians and other goods, and returning home between 10 and 12 at night, I left my parcel with an acquaintance in Hatton Garden, it being late. Going from thence up Holborn, just beyond the bars, I met with an acquaintance, he said, be careful how you go home, for it is dangerous walking the streets now at this time of night. I parted with him. The prisoner came up to me, and said, I'll see you home, I believe you are my country man; I said, what countryman are you? He said, I am an Irishman; I said I was not. He said, you are in liquor (but I was not) and he would go along with me. Just as we came by the duke of Newcastle's house he would have me go and drink with him. I said I had no money, which was true. He came up Queen Court with me under the middle archway, there he took off my hat and wig, and ran away with them. I pursued him; he ran cross the way; I got before him, running faster than he; he ran back again, but I overtook him, and stood before him there; he d - d my b - d, and asked me what I wanted with him? then he knock'd me down with his fist, and kick'd and bruised me much; then he crossed the way again, and I pursued him a second time, and met with the same ill usage; then he went away, and crossed the way again; I got up, and ran after him a third time; then I took him by the collar, and we both fell down, and I called out. The watch came up, and took him before I lost my hold of him.
Q. Where did the prisoner and you first come together?
Harris. He overtook me just by Holborn Bars, then I did not like him, and walked apace to get away from him.
John Taylor . I am a watchman in Great Wild-street. On the 14th of June, between 11 and 12 o'clock at night, I heard the cry, stop thief, in Great Queen-street; there I saw two men both bare-headed. The prosecutor said, I have been robbed by the prisoner of my hat and wig, and knocked down three times. Then another watchman came to my assistance, we took the prisoner to the constable of the night; then I went and searched in Great Queen-street, and found two hats and one wig under the archway going into Queen Court; they lay together; I brought them to the watch-house, and each took his own; they both charged one another, so they both were sent to the Round-house, then before Justice Fielding, and he committed the prisoner.
Prisoner's Defence. As I was coming home from work, about 9 o'clock, Mr. Harris overtook me, and clapped his hand on my shoulder, and said, hollo! where are you going? I am going home, said I; I live in Queen-street; so we went home together. Said he, I have been fighting, and have got a black eye. He had a handkerchief tied round his head; he said, he believed it was one of his countrymen he fought with. We came along together to Queen-street. He said to me, will not you drink some beer before you go home? No, said I, I have drank two pots of beer since I have done my work. Said he, what is the matter you will not? I said, I'll drink none. He said he'd treat me. Said I, I return you thanks, I'll drink none. Said he, you are a scoundrel fellow; he made a blow at me; I stood upon my own defence; I saw no wig; my hat was lost, also my wig, and a handkerchief, which cost 4 s. 6 d. The watchman coming by, he charged me, and I charged him; the watchman went back, and found our hats, but my wig and handkerchief were lost.
William Robertson . I was going that way, and heard the prosecutor call out, stop thief. I saw the prisoner knock the gentleman down three times, and saw him cross the way &c. but I saw nothing of his meddling with the prosecutor's hat and wig.
Catharine Higgins . The child was at play, and was taken from the door by the prisoner at the bar, on the 10th of May. He told her, he'd give it a cake; he kept her from home till 9 o'clock at night; he was much in liquor, and the child bruised very much when he brought her back, her nose was bruised, her shift, coat and apron were very bloody. We thought it came from the mouth of the child. The mother after this found the child very ill. I persuaded
Q. Where is its mother?
C. Higgins. The mother went distracted upon this account, and died.
Dr. Morton. I examined the child and the prisoner, they were both foul. The child said, the prisoner hurt her very much with his cock. The child has a buboe now on each groin.
The infant not being capable of giving evidence, the prisoner was acquitted ; and by order of the court there was another indictment preferred against him at Hicks's-hall, for an intent to commit a rape, and giving the child the foul disease. The prisoner was there cast to be confined in the prison of Newgate three years, twice to stand in the pillory in one month, and once more at the three years end; and find such security for his good behaviour as the court approves on for four years more.
John Clark . I have been abroad in his Majesty's service, and brought a little money home with me, and was going down to my mother's in the vessel the prisoner was in, which was the Robert of Lynn. I went on board at Cotton's-wharf, but did not miss my money till I came to Lynn; we failed to Tilbury Fort; the prisoner made a proposal to me to go by land to Lynn together, and wait the vessel's coming in; I consented, we walked about two miles together, I had an occasion to do a chare for myself, and the prisoner walked on before; when I had done, I walked forward, and could not find him; I went quite to Lynn, and waited there three weeks; when the vessel came in, I went to the mate, and said, what chear? he said, it is very bad chear to you, your consort has taken all your money out of your chest. I had put 46 guineas in my chest, I search'd it before the owner and his wife, all was gone. The prisoner took that opportunity to slip from me, and went back to the vessel, and demanded, in my name, the key of my chest of the owner's daughter, to whom I had given it, for her to take care of it till she saw me again at Lynn, and had taken my money away. The prisoner had given Mr. Charles Carr 23 guineas to keep till he came to London, and was gone in a sloop to London; so I got a letter sent to Mr. Carr to stop the money, and hasten'd back to London again. I went to enquire after the prisoner; and by my letter which I sent, he was taken. His confession was taken in writing before a magistrate, wherein he says, he feloniously took the 46 guineas &c. Charles Carr deposed, the prisoner had delivered 23 guineas to him at Boston, in Lincolnshire, which he then had in his possession.
Prisoner's Defence. He may as well swear to all the ship's company as to me.
The robbery being committed in Essex, and not in Middlesex , the prisoner was acquitted , but detained, and a proper indictment is to be preferred against him, to be tried in that county.
James Coxall . I live in Featherstone-street, St. Luke's parish . On the second of June, between 10 and 11 at night, I had been out, and when I returned, I found the prisoner in custody in my shop. On Monday he was taken before Justice Withers, there he confessed he conveyed tin canisters out of the shop to his companions; and my wife took him with a 3 d. in his hand concealed behind him.
Q. What do you value the three canisters at?
Coxall. The tea and all we valued at 9 s.
Court. Here is no tea in the indictment. What are the canisters themselves worth?
Coxall. The three canisters together cost ( second-hand ) 3 s. 6 d.
Catharine Coxall . I heard a noise in my shop, about 8 o'clock, on Saturday the second of June; I stepped into the shop, there stood the prisoner with a canister in his hand; I took it out of his hand; then I missed the other two; I asked him what he had done with them? he denied he touch'd them. Before the justice I heard him own he came for a farthingworth of beer, and he had handed them out to his companions, which he said were Henry Brown and John James , who were waiting at the door.
Prisoner's Defence. I went in for some beer; I was much in liquor; I knocked with a halfpenny; I had my hand upon the canister, but had no design to take it away.
Guilty 3 s. 6 d.
Stephen Row , from the person of the said Arthur Gardner , did steal, take, and carry away , June 21 .
Arthur Gardner . On the 21st of June I had my master's portmanteau carrying it home, coming through Stepney church-yard a little after nine at night, I met three fellows, one of them stop'd me and put a hanger to my throat, and seized me by the shoulder : I was in a great surprise, I cannot swear to the prisoners (this witness was very near sighted ) one of them took the portmanteau, the other guarded me. There was in the portmanteau the things mentioned in the indictment. I cried out murder, they swore if I offered to speak they would kill me directly; they made me deliver two penknives which I had in my pocket; I got some assistance and pursued them to Rag fair. We met three men, they had each a bundle, they went into a house; we went for a constable, but not having a warrant he refused going with us. I went to my master and got money for a warrant and got one; then we went to the house and searched it, but found nothing. The portmanteau was broke open in the fields that night and left there.
The Rev. Mr. Stephen Row. I ordered this witness, my servant , to go forward with my portmanteau while I discharged the waterman; he did, I followed after; as I came up White Horse street, within sight of the church-yard, I heard an outcry that there was a robbery committed: I saw my servant at the Red cross, making his complaint to three men, saying he was robbed. I desired the men to come along with me and pursue them, which they did.
Q. Were the things in the portmanteau yours?
Row. They were, my Lord. There were a cloth coat, a cloth waistcoat, a pair of breeches, 6 shirts, 6 cravats, 1 pair of silk, 3 pair of worsted, and two pair of thread stockings; three razors, six or seven handkerchiefs, a pair of silver buckles, a pair of pumps, one penknife; there were two taken from my servant, one was his own. I put the things in the portmanteau myself; it was brought home the next morning, found broke open in the field; the man is not here who found it. There was a wig of mine found on the accomplice's head, William Dawson , who is here as an evidence against them. I heard there was a person apprehended in the parish of St. John, Wapping, I went to see him, I heard he had confessed robbing my servant, and other robberies, before Justice Manwaring. On Friday last I had word sent me from the beadle, that Dawson, then in Clerkenwel Bridewell, desired I would come to him, and he would give me a farther account of this robbery. I went on Sunday evening, he told me of a woman, whom he had informed against before, for receiving part of the goods, and had pledged them, and if I would send the beadle after her she was easy to be found. Then I saw my servant talking to some of the prisoners, he was informed by them that Dawson had then my wig on; I made him take it off, and examined it, and knew it to be mine (it was produced in court.) He said he had it of the prisoner Carrel, and that it was the wig they took out of my portmanteau.
William Dawson . The two prisoners at the bar and I stop'd this first witness in Stepney churchyard. We were going towards Limehouse, we went all out of Rag fair together about 8 o'clock; we went over the fields to Stepney, we met the footman in White Horse street; that is about a quarter of a mile from the church-yard. When he came into the church-yard we stop'd him, Wallis held a hanger to his face, and he let the portmanteau fall.
Q. to Gardner. Did you let it fall, or did they take it from your shoulder?
Gardner. I believe I let it fall, but I was much surprised.
Dawson. We took two penknives from him.
Gardner. They did so, and a penny.
Dawson. We carried the portmanteau into the fields about half a mile, and broke it open, we did it in a little time, for we were dodged over the fields. We took out the things and threw the portmanteau into the ditch, and left it there. We carried the things to Stitchburn's house where we lodg'd. The things were divided, I had a shirt and a pair of black worsted stockings and some handkerchiefs for my share. The wig I had from Carrel the next day. Carrel had a pair of stockings, a shirt and a pair of new shoes ; Wallis had a new Holland shirt, a pair of white stockings, and two handkerchiefs. The coat, waistcoat and breeches were pawned for nine shillings, I had four shillings and sixpence of the money, but the girl who carried them to pawn would not tell us where she had pawned them; some things we lost ; the house where we lodged was searched the same night, Carrel and I got over a wall into an alley, or we had been taken.
John Penney . I am an officer of St. John, Wapping. Since the prisoners have been taken I know them, I was in pursuit of them about the twenty second of June. Dawson the evidence, when taken, had a hanger, a penknife, a half guinea in gold, and three or four shillings in silver, and a new silver buckle, the knife and buckle were produced in court.
Row. The buckle is not mine. But as far as I can know a knife I take it to be the knife I gave to my servant to make pens with. Gardner deposed the knife was his property, given him by his master.
Wallis's Defence. I was going through Rag fair a little in liquor: I met this Dawson that night he came home in the same fleet as I did; he desired I would drink a pint of beer, he said, where do you lodge? I said in Wapping: he said, come along with me; so I went along with him till such time he stop'd that first witness, and ran away with the things. I know no more, I am a stranger in the place.
Carrel's Defence. I know nothing about it, I have not had my health these three or four months. I was at my lodgings and going for a pint of mild porter; I met a man who said I was his prisoner, and took me up upon suspicion, and I went quietly with him.
Both guilty Death .
George Abercromby . On the 8th of June the prisoner came to sweep my master's ( Francis Gosling ) chimney. After he was gone the maid said she had lost a silver spoon. I went to look after him. On the 9th he came to Fulham again, my master lives there. My fellow servant went with me to him; she said she could swear that he was the person who swept the chimney the day the spoon was lost. I got a constable, and before we got to the justice the prisoner confessed he had stole the spoon, and had pawned it in Peter's street. I went by his direction and found it. It was produced in court.
Sarah Hudson . The prisoner came to sweep our chimney the 8th of June, and a little boy with him. While the boy was up the chimney the prisoner stood by, he asked two shillings and sixpence for sweeping the chimney. I went up stairs to get a shilling for him, and when I came down again the spoon was gone; the next day we took him up, and he confessed taking it, and carried us to the place where he had pawned it.
Prisoner's Defence. I found it in my bag of sut.
450, 451. John Frazier and John Bailey , were indicted, for that they, together with John Possey , not yet taken, in a certain field or open place near the king's highway, on Joseph Smith did make an assault, putting him in corporal fear and danger of his life, one hat, val. 1 s. one linen handkerchief, val. 6 d. one iron tobacco box, one pair of gloves, and sixteen pence in money, the goods of the said Joseph, from his person did steal, take, and carry away , June 11 .
Joseph Smith . I had been to see an acquaintance on the 11th of June, on my return in Stepney fields I was attacked by four persons about eleven o'clock at night, one of them came up with a great stick and demanded my money. I said I had not much, he said he must have it; he searched my pocket and took out one shilling and four-pence; then they took my tobacco box, and a pair of gloves out of my pocket: Bailey took my hat from off my head, and handkerchief from out of my coat pocket; it was a fine moon-light night.
Q. Who took your money, box and gloves?
Smith. Frazier took them, my Lord. I saw them all four again about three hours after, I met them accidentally in East-Smithfield near the Maypole, I live there. After I was robb'd I went to the watch-house and inquired for the officer of the night, he was not there; these four watchmen went with me into the fields, we could not meet with them. When I was got near home I heard a talking, I thought it proper to meet them, this was about half an hour after two o'clock; I call'd out watch and thieves, they ran, Bailey ran to Cock-alley, he was taken with my hat on his head, and handkerchief about his neck; Frazier was taken two days after, I was sent for to see if I knew him, I knew him at first sight; he confessed the fact.
James Hambleton I live pretty near the officer that took John Frazier , I went along with him, he confessed the fact, owning he was in company with them in Stepney fields concerned in this robbery, but denied he took any thing from the prosecutor. And after that he owned, to the best of my knowledge, he took either a pair of gloves or a tobacco box.
Both guilty of felony only .
452. James Shepherd , was indicted for that he, together with 20 other persons unknown, being armed with fire-arms and other offensive weapons, from and after the 24th of July, 1746, (that is to say on the 19th of October, 1746 ,) were feloniously assembled at Broom hill in Sussex, in order to be aiding in the running uncustomed goods, which were liable to pay the duties, and which had not been paid, or secured to be paid, to the diminution of his Majesty's revenue, against his Majesty's peace, and against the statute in that behalf made and provided .
Humphry Hatton. I know the prisoner. In October, 1746, I lived hostler at the George at Lydd, I remember a gang of smugglers coming there, about 30 or 40 of them lodged at our house (as many as we could get stables for) the town was full of them; there were some in Broomhill-house, those people that were at the George I had seen there before, they were called by the name of the Hawkhurst gang.
Q. Did they tarry there any time?
Hatton. They were there three or four days waiting for a cutter coming in. They came the 14th of October, and staid till the 19th. They had advice of a cutter being arrived while they were at our house; then they got the horses out as fast as they could. I did not go along with them, but I was forced to follow them; I was compelled so to do by Thomas Dixon , otherwise shoemaker Tom. He asked my master to let me go to assist him, and he gave me leave. I refused to go; then Dixon took me several blows over my head with the great end of his whip, so I followed them alone. The cutter was come into a place called the Jew's Gutt, in Sussex, five miles from Lydd. When I got there, the first man who came up to me was the prisoner at the bar, with his horse in his hand; there was a saddle and a pair of pistols in the holsters on the horse. This was on the Beech, in the evening about 7 or 8 o'clock; the moon shun very bright.
Q. Did you ever see the prisoner before?
Hatton. I have at the George; he had been there before several times with the same company.
Q. Had he been at the George that time?
Hatton. No, he had not. When I met him leading his horse, I asked him whether he had seen shoemaker Tom; he said no, he believed he was not there, he had not seen him.
Hatton. Yes, I do: he was there when I called out for shoemaker Tom. He said he was there, but he had not seen him. The goods were all on shore when I came there, the tea was in oil-skin bags. I carried away five half anchors of brandy on my own horse. I saw the prisoner go away towards Rye with two bags of tea.
Q. Were any of them armed?
Hatton. Yes, a great many of them were armed, some with pistols before them, some with carbines slung to their shoulders, some with hangers, and some had a hanger, carbine, and pistol too.
Q. Had they many horses ?
Hatton. There were a great many more horses than men. They all went from Lydd to the Jew's Gutt.
Q. What time was this you saw the prisoner at Jew's Gutt?
Hatton. It was on the 19th of October, 1746.
Q. Where do you live?
Hatton. I live at Lydd, that is in Romney parish, about three little miles from New Romney.
Q. What county is Lydd in?
Hatton. In the county of Kent.
Q. How far is Broom-hill house from Lydd ?
Hatton. It is about five miles.
Q. Have you ever been at Winchester ?
Hatton. Yes, I have.
Q. How far is that from Lydd ?
Hatton. It is computed to be about 72 miles from hence.
Q. How many miles was it from where you was then landing these goods?
Hatton. I do not know.
Q. How long have you know the prisoner?
Hatton. These five or six years.
Q. Do you know where he lived?
Hatton. He lived sometimes at one place, and sometimes at another.
Q. Do you know that he resided some time at Winchester?
Hatton. I don't know that he did.
Q. Do you know that he has a large family there?
Hatton. I don't know that he has; I have seen him at Winchester in person.
Q. How long is that ago?
Hatton. I don't know how long ago.
Q. Do you know that he has served any Officer in Winchester?
Q. Was it light enough when you was at the Jew's Gutt for you to distinguish one person's face from another?
Hatton. Yes, it was.
Q. What colour was this horse the person was leading?
Hatton. It was a grey horse.
Q. Where did he go to afterwards?
Hatton. I don't know that, but he went off towards Rye.
John Pelham . I know the prisoner. At this time there were three gangs met together. About the 16th of October. I believe there were 300 horses, they staid at Lydd till the cutter came, which was on the 19th, at Jew's Gutt ; then they loaded the goods, and carried them away. I help'd them to load myself.
Q. Did you see the prisoner there?
Pelham. I did; I saw him help get the goods out of the boat, and was very busy among the people.
Q. How was he clothed?
Pelham. I think he had a black cap and a frock on.
Q. What coloured horse had he?
Pelham. He had a grey horse, with holsters before on the saddle.
Q. Was there any thing in them?
Pelham. I cannot tell what were in them.
Q. Did you see Humphry Hatton?
Pelham. I did, and I heard him call out for shoemaker Tom; the prisoner came to him, and said, he thought he was not there; said I, he is yonder on the other side.
Q. What time of the night was this?
Pelham. This was about eleven at night.
Q. Was it a light night ?
Pelham. It was a moonshiny very bright night.
Q. What time did the gang go away?
Pelham. Not till twelve o'clock.
Q. Were there any of them armed?
Pelham. Most of them were armed; I believe there were 15 or 20 armed.
Q. Had you any acquaintance with the prisoner at the bar?
Pelham. I had no acquaintance with him, only seeing him among the smugglers.
Q. Where did he live?
Pelham. He lived at Winchester, by the report of people.
Q. What day of the week was this?
Pelham. I cannot tell, I only reckon the day of the month, which I took notice of, fearing I myself should come into trouble.
Prisoner's Defence. 'Tis now, my lord, near 11 months since I was apprehended, during all which time I have been confined in goal, treated as a felon, and loaded with irons. I have undergone the peril of my life, and the loss of the greatest part of my substance, to the almost entire ruin of myself, my wife, and five children. The first seven months I was in Winchester goal without knowing my accuser; and from thence I was removed to Newgate, and now appear before your lordship to take my trial for my life; not, my lord, for the fact I was committed for; for what reason I know not, but for another I am equally innocent of. I had, my lord, above 20 persons of great repute and character from Winchester, and other remote parts of the country attending here last April sessions, at a very great expence, in order to have testified my innocence at my trial, besides the very favourable circumstance of the mayor of Winchester's being then in London; that worthy gentleman, from love of truth and justice (for nothing else could have invited him) would also have appeared for me; but, my lord, my trial was then put off, upon an: affidavit that Pelham, one of the witnesses now against me, was taken ill, and could not attend; whether, my lord, he was really ill or not, and how unable to attend, himself only knows. If the wisest and worthiest of men may be imposed upon as to the matter in question, my lord, I am intirely innocent of it, I was never at Broomhill in my life, and know not, but by information, where it lies ; and as to the two witnesses, Pelham and Hatton, I never, to my knowledge, saw them before. These witnesses, my lord, have sworn the facts to such a charge, supported by positive testimony; what defence, my lord, can even innocence itself make? - 'Tis fortunate, very fully and very positively against me; fortunate, my lord, that from a variety of remarkable incidents happening about that time, incidents that may not attend another man's case of equal innocence, I have been able to recollect, and prove, that I was then at Winchester, about 100 miles from Broomhill. Besides which, my lords, I shall be able to discredit the testimony of Pelham and Hatton, from the evidence of several gentlemen of fortune and distinction, who, tho' strangers to me, have, for the service of the community (with great inconvenience to themselves) kindly come thus far to testify on my behalf. I am sorry, my lords, upon this occasion to add, that there is at the bottom of this prosecution a scene of unheard of malice and cruelty ; such, my lords, as is too tedious for me, at this juncture, to relate; but time, the grand discoverer of all things, will, I hope, bring it to light,
For the Prisoner.
Mary Sly . I live at Chichester. The prisoner is my brother-in-law, he keeps a grocer's shop in Winchester; I have known him live there these seven years; I came to my sister's on the 31st of August, 1746, to be at her lying-in, and continued there till Sunday the 19th of October, and between 10 and 11 on that day, in the forenoon, I set out and returned to Chichester; one Mr. Heath of Chichester was with me, and Richard Norman set out thence the day before, whom I overtook a little way out of Winchester on Sunday. My brother the Prisoner breakfasted with me the morning I set out. I called him up myself between 7 and 8 in the morning, and took horse at my brother's stable door near his house; I met Mr. Fletcher upon the road, about 10 miles from Winchester.
Q. How far is it from Winchester to Chichester ?
M. Sly. About 28 miles.
Q. What time did you get to Chichester?
M. Sly. I got home about ten or eleven at night; I did not see my brother again till about a year and a quarter after this. I received a letter he wrote me the Tuesday after I left him, to tell me who I should get to buy him a horse, he gave me eight guineas for that purpose; I am sure he was at home from the fourth of September to the time I set out to go back to Chichester. I cannot recollect he was three hours from home in that time. My sister was brought to bed on the 4th of September, and Monday, the 13th of October, the fair was; I saw my brother in bed every night ; there was a favourite child which was not well, and it lay with its father every night.
Q. When had you been at Winchester before?
M. Sly. About two years before that; he lived there then, and was always at home to the best of my knowledge.
Q. What business did he carry on then?
M. Sly. He lett out riding-horses, and sold salt-butter then.
Q. How many riding-horses had he then?
M. Sly. He had about five or six.
Q. Did he not sell tea ?
M. Sly. I never saw him sell tea?
Q. Did he not keep an open shop then?
M. Sly. He did not.
Q. Had he any servants to look after those horses ?
M. Sly. He had nobody but himself to do that; only sometimes he had a little boy to ride them out to water.
Q. How came your brother not to go part of the way with you home?
M. Sly. There was a gentleman to bear me company, who came to tell me my mother had been ill, which was Mr. Heath.
Q. Who did you meet with upon the road?
M. Sly. I met Mr. Fletcher.
Q. You speak of circumstances that happened a great while ago: what reason have you to take particular notice of the day you came from Winchester?
M. Sly. I came home with trades-people who had been to the fair; and my going home was upon the account of my mother's being ill. The fair was on Monday the 13th of October, and I went back the Sunday after.
Q. Are there not more people who live by letting out horses in Winchester, than your brother?
M. Sly. Yes, there are. There were gentlemen who used to come constantly to my brother to hire horses, and would call them by their names.
Q. Did none of these gentlemen use to make you presents?
M. Sly. I never received none from any of them.
Q. Where did you buy your tea?
M. Sly. I never bought any tea; I never went far out all the time I was there.
Q. Had not your brother a gray horse?
M. Sly. I don't remember I ever saw a gray horse among them.
Q. What colour were they?
M. Sly. There were some of a reddish colour.
Q. How far is Winchester from Chichester?
M. Sly. About twenty eight miles.
Mr. Heath. I live at Chichester, I sell ready made cloaths; I was at Winchester in October, 1746. I went along with Mr. Norman to see Winchester, the Prisoner lived there at that time.
Q. What day was you there in October?
Heath. I was there the 14, 15, 16, 17, 18, and 19th of October. Winchester-fair began on the Monday, I went on the Tuesday and staid there all the week; I paid some money for Mr. Norman, who was arrested on the 17th day forJoseph Barr arrested him. I had a note given me for it, the Prisoner was privy to some part of the transaction; I have kept the receipt ever since. When Richard Norman was arrested, I sent for Mr. Shepherd the Prisoner, he advised me not to pay the money; the note produced in court was dated the 19th of Oct. the money was paid the 17th, the day he was arrested, it was made up the 18th and dated the 19th, but there was a mistake in the date to be sure. Mr. Shepherd witnessed this note; I staid there the next day, which was Sunday; then between 10 and 11 o'clock Mr. Shepherd's wife's sister and I set out for Chichester; I saw the Prisoner just as we mounted our horses, he wished us a good journey, and we parted with him at the door. Mr. Fletcher met us on the road after we had made up Norman's affair; I sent him out of town fearing another action, and he staid for us about 6 or 7 miles out of the town of Winchester, where we found him and returned to Chichester together that night; we got in about 9 or 10 o'clock.
Joseph Barr . I had an action against Norman and I arrested him, and it was settled at the Black Swan at Winchester, by Mr. Shepherd and the last witness; Mr. Heath paid the money for him, it was some days after the fair; I am not sure to the day; but it was in the fair week.
Henry Sole . I examined this action with the town clerk himself at Winchester, the account from Robert Clark town clerk, was produced in court, answering to the time, sued out for Joseph Barr against Richard Norman for the sum specified.
Richard Norman . I went to Winchester the 14th of October in the year 1746, along with farmer Heath from Chichester ; I was arrested by Joseph Barr of Winchester, on Friday the 17th. Mr. Shepherd and farmer Heath came to me, Mr. Heath lent me the money to discharge the writ, and it was discharged the next day.
Q. Why do you call him farmer?
Norman. He was a farmer before he came to Chichester, now he sells ready made cloaths. Mr. Shepherd wrote the note and witnessed it, and they did not think proper I should be discharged till I got out of the town of Winchester; so the officer went along with me to the West Gate, and from thence I went to Milbury and lay there that night; the next day farmer Heath and Mr. Shepherd's wife's sister called upon me, and I proceeded with them to Chichester, and going on the road we met John Fletcher a corn-factor, going to Winchester.
Q. What was your business at Winchester?
Norman. I went to see my mother and some children I had there, I had lived at Winchester; I went away from thence in 1744.
Q. What is your business?
Norman. I am a rough rider and farrier, I break horses, &c.
John Fletcher . I cannot tell the day of the month, but I met with these three people on the road coming from Winchester; it was on a Sunday about 4 o'clock in the afternoon, we came all to Chichester together.
Matthew Imber . I know the Prisoner perfectly well; either on a Friday or Saturday in the year 1746 in Oct. he came to me as soon as church was over; Oct. 19 he told me he had sold my horse, he paid me the money; then I said, what shall I give you for a horse for a twelvemonth, as I shall need one? He said, I will not let you have him so long; he had sold mine for 4 l. 19 s. he asked me twelve guineas for half a year for his horse, I had him ten pounds. I made an agreement with him, and have it now in my pocket; it has been in my custody ever since; it was produced in court, with his and the Prisoner's signing to it, signed 19 Oct. 1746. at 11 o'clock; the body of the writing is my own, this was made at the Vine Inn, Winchester.
William Temple , Esq; I live at Lydd, I am in the commission of the peace at Lydd, and have been there upwards of twenty years. I know John Pelham and Humphry Hatton ; their characters are very indifferent; they live idle sort of lives, and their oaths would not be credited where they came from.
Q. What business is Hatton of?
Temple. We can give no account at Lydd how he lives, being in no visible business to get a maintenance.
Q. Does not Pelham live at Lydd ?
Temple. Yes, he does.
Q. What business does he follow?
Temple. He has followed no sort of business of late, he was bred to a blacksmith, but I think did not serve his time out; he sometimes has done a little in the blacksmith way, and sometimes fishing, but of late he does little or no business.
Q. How far do you compute Lydd to be off from Winchester?
Temple. It is upwards of one hundred and ten miles.
Q. How long have you lived in Lydd ?
Q. Was the town of Lydd much pestered with gangs of smugglers about Oct. 1746?
Temple. It was; I have often been afraid of them, and shunned them often.
Q. Can you recollect seeing such a gang of smugglers being there in Oct. 1746?
Temple. I cannot give any account in particular, their associates were the low sort of people.
Q. Is not Pelham called a fisherman?
Temple. He may any where but at home; these people are reputed to get their living no other way but by attending at this place.
Q. Do you think these persons are not to be credited upon oath?
Temple. I am afraid, my Lord, they are capable of giving false evidence here.
Q. What are the general characters of Hatton and Pelham?
Lee. Their general characters are, they do nothing for a livelihood, except attending at this place.
Q. Don't you reckon them people to be credited upon oath?
Lee. I do not indeed; in their own country they would not have any credit given them were they to give evidence there. Pelham served part of his time to a blacksmith, the other is of no business; he once acted as an hostler at one of the inns there.
Q. Do you remember a gang coming there in Oct. 1746.
Lee. I cannot charge my memory as to the time; there were gangs coming there very frequently.
Hen. Hatton. I live at Lydd, and have lived there eighteen years next Michaelmas-day.
Q. What are you?
Hatton. I am a schoolmaster and parish clerk, and collect the land-lax.
Q. Do you know this Pelham and Hatton?
Hatton. I know them both very well.
Q. What business do they follow?
Hatton. I cannot tell that; I taught Pelham to write.
Q. What are their general received characters ?
Hatton. Their characters are that of idle dissolute fellows; was I a juryman in any part of the world, I would not give credit to them.
Charles Harding . I live at Winchester, I keep the Vine-Inn there. I remember Pelham and Hatton coming to my house the 8th of March last, between 8 and 9 in the morning. Shepherd was then in custody ; I talked with them concerning the Prisoner. There were three men rode up to my door, two of them were these two witnesses, they alighted from their horses; Pelham gave me a pair of pistols and desired me to put them by; being ill-looking shabby fellows, having on striped cotton shirts and coloured handkerchiefs about their necks, I imagined they were seafaring men ; I put their pistols by. They asked for something for breakfast; my servant being busy I waited on them myself. I wanted to know their business, I looked very hard at one of them; said I, I think I know you, are not you a Dover pilot? No, said Pelham; but we live in that part of the country; said I, do you know one Jonas Hive ? they said they did, he was gone for a dragoon; I said, there was a neighbour had sworn against Shepherd for smuggling, they declared they did not know the man; they asked for the collector, he was in town, being the sitting time. They said they never were at Winchester before, and asked me to let my hostler go up with them to the Excise-office; I sent my servant, he was absent about an hour and a half; when they came back they said, they had been to our goal; said I, did you see Shepherd and Cousens? they said they did not remember they had ever seen Shepherd before; they seemed very much confused, as though they had met with a disappointment. They called for their horses, and I took my leave of them at the door.
Mr. Cook. I am very well acquainted with the Prisoner, he has a very good character; I have dealt with him some years; he is one I would give great credit to.
Q. What is your business?
Cook. I am a distiller.
Q. to Cook. Did you never hear he was a smuggler?
Cook. I never knew that he was; I believe him to be as honest a man as any in the world.
Q. Did you never hear he was a smuggler?
Cook. Since this I have heard people talk; but of my own knowledge, I know no such thing.
[There were other evidences for the Prisoner ; but the council for the prosecution finding Hatton and Pelham's characters so very bad, declined giving the court any farther trouble.
David Toris , was indicted for stealing one pair of worsted stockings , the property of John Hopley , June 15 .
Josiah Voice . On the 15th of June at two in the afternoon the prisoner was in my master's shop, a gentleman came in to buy a pair of stockings at the same time, I opened a paper with six pair in it, I sold the gentleman two pair; he desired I would give him a skain of worsted to mend them. I walked round a large circumference for the worsted. After the gentleman was gone, there were two pair of stockings missing. I stood behind the counter and desired the prisoner to go to the next door and fetch me a pint of beer. I drank it up and gave him the pot again; he leaned with his right hand upon the counter, and took a pair of stockings from off the counter, and put them into his pocket; then he in a complaisant manner bad me good by; I went to detect him in the public house, but instead of going there he made off another way, and I never saw him for three days after.
Q. What colour were they?
Voice. A pair of man's grey stockings. There were three pair lost.
Q. How came you not to take him up till three weeks after this?
Voice. My master is able to account for that.
Q. Did not you see him in the shop after this before he was taken up?
Voice. No, not in the shop, I saw him in the street before the door.
Mr. Hopley. The reason he was not taken up sooner is, I had information given me by a gentleman that lives at Mile-End, that the prisoner had sold stockings cheaper than I could do. I had not time to go just then to inquire about it; and knowing he was to be seen at any time, and as I knew I had time enough to take him before the sessions came on, made me not in a great hurry in taking him up. He has called upon me, and said, God bless you, several times. He is a Jew.
Prisoner's Defence. The gentleman has taken a very wrong oath. I have gone in the house very often for messages for the foreman; he has sent me often to carry parcels of goods for him; I have been with goods to the Castle in Aldersgate street, and when the waggoner has been out, I have, for safety, brought them back again. I have been in his house four or five times a week; my character is above doing such a thing.
To his character.
Benjamin Dolphin . I live next door to Mr. Hopley, I know the prisoner, I remember his coming to my house this day, and he came afterwards as usual, they might have taken him any day; he used to sell snuff now and then, and go of errands; he has received money for me frequently, I never heard any thing amiss of him till now.
Isaac Le Jiver. When I heard this I was very much surprized, I took him to have a very good character.
Alex. Jacob. The prisoner has bore an exceeding good character, I have trusted him with things of value.
Q. How old are you?
Q. Do you know the consequence of taking a false oath?
Eliz. Hodgkin. Yes, I shall go to hell if I do.
Q. Do you know the prisoner at the bar?
E. Hodgkin. Yes, I do.
Q. Tell us what he did to you at any time ?
E. Hodgkin. I went up stairs for my doll on Whitsunday in the afternoon, and Mrs. Avery pull'd me into her room and locked me in, and took up a pot and said she would go and fetch some beer.
Q. Was the prisoner in the room?
E. Hodgkin. Yes, he was. She set down the pot and did not fetch any beer.
Q. What did the prisoner do to you?
E. Hodgkin. He threw me down on the bed, and pull'd up my coats, covered my eyes, and stopp'd my mouth, because I called to Mrs. Avery and another of our lodgers. He hurt me very much, he pull'd down his breeches.
At this sessions above 80 prisoners were tried, some of which trials being long and very remarkable, we thought it would be more agreeable to our readers (who we shall at all times be desirous of obliging) to have as full an account as possible, so shall print the whole in two four-penny books.
N. B. The second part will be published on Friday next the 27th instant.
HELD AT JUSTICE-HALL in the OLD-BAILEY,
On Wednesday the 11th, Thursday the 12th, Friday the 13th, and Saturday the 14th of July.
In the 24th Year of His MAJESTY's Reign.
PART II. of NUMBER VI. for the Year 1749.
BEING THE Second SESSIONS in the MAYORALTY of the
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1750.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Q. IN what manner did he hurt you?
E. Hodgkin. He hurt me very much.
Q. Whereabouts did he hurt you?
E. Hodgkin. In the place where I make water.
Q. With what did he hurt you?
E. Hodgkin. With what he makes water, that part went into me; he made me very sore.
Q. Did you find yourself sore immediately?
E. Hodgkin. Yes, I did, I could hardly walk.
Q. Was you bloody?
E. Hodgkin. No, not bloody.
Q. Where was you so very sore ?
E. Hodgkin. The foreness was in that part where I make water.
Q. How long did he lie upon you?
E. Hodgkin. Above a quarter of an hour; after that he held me on the bed, and told me, if I would not promise him that I would not tell any body, he would kill me then; and if I did tell any body, he'd kill me afterwards.
Q. When did you first tell your relations?
E. Hodgkin. I told my mama first, about a fortnight after.
Q. Why did not you tell her sooner ?
E. Hodgkin. I was afraid he would kill me.
Q. Why did you tell her then?
E. Hodgkin. Because she examined me very much.
Q. Did you know him before ?
E. Hodgkin. I knew him by his coming to our lodger before.
Q. What did he stop your mouth with?
E. Hodgkin. With his handkerchief, and I believe that covered my eyes too.
Q. Was Mr. Avery in the room at that time?
E. Hodgkin. If he was, he must be in the closet, for I did not see him in the room.
Q. Did you use to see him after this very frequently going up and down?
E. Hodgkin. Yes, Sir, I did.
Mary Hodgkin . I am mother to the child. I know nothing of the prisoner any farther than his coming to our lodger, who was his cousin, he was seldom out on a Sabbath-day. I perceived the child very ill, and sick at her stomach; and one day I sent her out as far as Spittlefields, she staid three hours, and she used to go and come again in an hour. I asked her why she staid so long? she said she could not tell me what was the matter; and I had no suspicion of any thing, till I found a great running upon her; then I gave her some turpentine pills, yet she was no better. Her first shift she pulled off I did not observe, but the next was very bad; she shifts once a week. Then I advised with Mrs. Emory, who desired me to go to a surgeon; I did. She told me something of it before I went to the surgeon, and said she had a running in three days after he had used her so. At the surgeon's she told more about it, and is continually telling us more of it.
Q. When was the prisoner taken up?
M. Hodgkin. The child confessed it on the Saturday, and I never attempted to take him up till the Thursday following. He came the Sunday following.
Q. Why did not you take him up sooner?
M. Hodgkin. The reason was, I was told I could do nothing without the approbation of a surgeon to assist me upon the trial. Indeed, I had hardly patience to forbear him.
Q. Was it known in the house before you took him up?
Thomas Hill. I am an apothecary. I was applied to about 15 days since; I examined the parts, and found them very much inflamed and swelled; she had a considerable running upon her, I looked upon it to be venereal. She is now in a very good way of doing well, but not perfectly well.
Q. Had the parts been lacerated?
Hill. They had, my lord, and I thing she could not have been in the condition she was, without some person having carnal knowledge of her.
Q. Could these parts be lacerated, and no blood appear ?
Hill. That is very extraordinary to me.
Q. Could a man have a penetration, and no blood appear?
Hill. I think not; I cannot conceive but there must have been blood.
Q. Could not the infection be taken by a contraction of the parts without penetration.
Hill. I believe not to so great a degree as she had it; there was a considerable discharge from the internal parts.
M. Hodgkin. My other witness can give no other account, only testify the child is a sober child. The prisoner has taken physick every two or three days since that time.
Q. Was there no blood on the child's linen, are you sure?
M. Hodgkin. There might or might not be blood for aught I know; I did not then (as I said before) observe: when we took the prisoner up, Mrs. Avery said he would be killed, because he had taken physick the day before. I said, why, what is the matter? she said her husband knew what was the matter.
Prisoner's defence. I am innocent, I know nothing of the affair.
For the Prisoner.
Q. Was the little girl in the room any time that day?
Avery. Yes, she was; my wife never left the girl in the room with the prisoner alone.
Mary Avery . The last witness is my husband. I remember the prisoner's coming to our room on Whitsunday; I was not out at all, but was there from the time the girl came into the room to the time she went out; I never fetch'd a draught of beer that day; there were only my husband, the prisoner and me in the room ; I was not down stairs all the afternoon, nor did I lock her in the room; and my husband was never down stairs from the time he got up to the time he went to bed.
Mr. Brown. I am a shoemaker, and the prisoner's master. He has worked for me best part of two years; I took a vast deal of notice of him on account of his sobriety : when he was ill, I took him into my house, and he eat as I did; I never heard any bad character of him, or heard him say any bad words.
Robert Evans . I know nothing at all of the prisoner. The mother of the child told me she would stick as close by him as the shirt to his back, except he would come down and give the child a good fortune, and send her into the country, that it might not blast her character.
455, 456 , 457, 458. William Mears , James Blundel , John Graham , and Daniel Murphy , were indicted for stealing two turkeys, value 5 s . three ducks, 3 s. one iron spade, value 2 s. the goods of Peter Gotear , May 1 .
Peter Gotear . I live at Mile End. I saw the turkeys and ducks at nine o'clock over night. The last of April 1 was very ill, and did not get up till nine in the morning next day, and they were gone. Readbourn and Blundel were taken up about six weeks after. Readbourn told us he was concerned in taking the turkeys.
John Readbourn . The four prisoners and I were together the first of May, I met them at the sign of the Red Lion and Sword, in Church Lane, near White Chapel ; we staid almost all night at the alehouse; the landlord's name is Devise, he has drawn in many people; we went to Mr. Desimore's house, and took out some panes of glass, and took two curtains, and went to this alehouse again; there we staid till 12 o'clock; then we went there again, and took two more curtains, and staid there till about two in the morning; then we went out again upon Tower hill; then we went to the prosecutor's house. William Mears and John Graham went over the pales, and took from thence two turkeys in a bag; the other three staid in the street. We were at the alehouse till 12 at night; then we went to Rag Fair, and sold the curtains for four shillings; after which we lay and slept till noon, about three o'clock in the afternoon we went to
All for acquitted .
James Blundel and John Graham , were indicted a second time, for that they on the first of May , about the hour of two in the night, the dwelling house of Abr Disimow did break, three window curtains, val. 12 d. the goods of the said Abr. did steal, take and carry away .
Abr. Disimow. On the first of May, about one or two in the morning, my servant came up to my bed chamber and told me he heard people breaking in at the window. He had been listening. I threw up the sash and hallowed out, somebody answered, saying, hallow; I swore I would shoot them; then there were three persons ran away directly. There were three panes of glass taken out of the window, and three window curtains gone.
[Readbourne was the principal witness in this trial, but gave a very random and confused account, and could not or would not keep to one story. They were both acquitted .]
459. William Baker , was indicted for stealing four cotton curtains, val. 4 s. three linen shirts, val. 10 s. one shift, val. 1 s. the goods of John Dubourg , in the dwelling house of the said John , June 22 .
John Dubourg . I live in Long-Acre , I lost these things mentioned in the indictment, out of a one pair of stairs room, early in the morning June 22. I advertised them the next day. Mr. Whitmore who bought them came to me; he said he had brought the curtains and a girl along with him. I went to Justice Fielding's to see the prisoner, who worked with me till Thursday morning, and went to breakfast and never returned again; the curtains were brought to the justice's. [The prosecutor would not swear to them, but said his was like them.]
Mrs. Dubourg. I know the curtains to be my own, they used to lie in a one pair of stairs room. The prisoner was not at work the time they were lost.
Mr. Whitmore. I bought the curtains of a woman June 22. The prisoner was with her at that time, she asked me twenty shillings for them, I gave her sixteen. On the Saturday I saw him and her together again, and I took them both up.
Prisoner's Defence. I have nothing to say, only the woman knew nothing at all how I came by them.
Jane Daniels . I live in Perkins's rents, Westminster , the prisoner lodged in my house, the 19th of June I lost these things, I was out, and my two women that were at work stopp'd him with the things. When he was taken he said he took them; before the justice he owned taking the things, and was very sorry for it, and would pay me for them.
Q. Did not you give him them to pawn?
Daniels. I never in my life gave him any thing to pawn.
Eliz. Cook. I saw the prisoner take the pewter dish and plate from off the chest of drawers, I followed him, he threatned me; he had been in the room about half an hour, I was sitting at my work, said I, Simon don't take the things away.
Q. Did he take them away?
Cook. Yes, he did.
Q. What was he doing all the time he was in the room?
Cook. He might walk up or down stairs, I cannot say to that.
Q. Did not you take them from the chest of drawers yourself?
Cook. No, I did not; all that I can say is he stole them.
Q. When was this?
Cook. This was the 19th of June.
Q. Did you tell the prosecutor the next day where the things were?
Cook. No, I did not.
Q. How long have you been acquainted with the prisoner?
Cook. About two years.
Ann Griffin . I have lived in the house going on two years. On the 19th of June I saw the prisoner take the flat iron out of the house, out of a one pair of stairs room, I desired him to let it alone, and he would not.
Q. Was you there when the pewter was lost?
Griffin. I was not.
Q. Why did not you stop him when he would carry it away?
Griffin. What is a woman in a man's hands?
Q. When did you see Mrs. Daniels after this?
Griffin. Not till the next morning.
Q. Did you hear any thing of his stealing the pewter then?
Griffin. No, I did not, Mrs. Daniels did not tell me of it till the flat iron was lost.
For the Prisoner.
John Deleney . I have known the Prisoner these twelve years, he is an honest man, he was a soldier; has served abroad and is disabled, and is now a pensioner. This Prosecutor was in my house the Monday before this; she then told me the Prisoner was as honest a fellow as any in the world, saying, he often takes things of me to carry out to pawn, and he always brings them home again.
461. Daniel Lewis , was indicted for stealing one silver watch, value 50 s. one silver tobacco-stopper, value 1 s. one cloth coat, value 2 s. one cloth waistcoat, one pair of breeches, four shirts, one pair of stockings, one stock-buckle, value 4 s. in the dwelling-house of John Howsall , May 19 . the goods of the said John.
John Howsall . I live in Bloomsbury , I am a violin maker . On the 19th of May about half an hour after eleven I left the Prisoner at home, he was my journeyman ; I came home about half an hour after three, I found nobody at home, he took the key along with him. I went and stay'd at his father-in-law's, to see if he was there, I could not find him. I got a key and opened the door, and missed my watch, it was a silver one. I missed a coat, waistcoat, a pair of stockings, four shirts, a silver stock-buckle, a tobacco-stopper. About four days after he sent me word by a man, that the tobacco-stopper was left at home; the man told me he would go along with me the next day to see if he could see him. When I went to his friends he told me where my watch was pawned; then some of his friends told me where two shirts and the pair of breeches were pawned, which was at Mr. Singleton's; the watch was pawned at Greenwich with Mr. Daniel Hale ; the shirts and breeches were produced in court and deposed to.
This man went out in the morning, and he tied these things up, and desired me to go and pawn them for money to pay me for my week's work, which he had done several times before.
Prosecutor. I never sent him to pawn any thing in my life.
For the Prisoner.
Guilty of felony only .
462. Elizabeth, wife of James Lambert , was indicted for stealing two linen sheets, value 10 d. one pewter plate 10 d. one mettle spoon, val. 1 d. the goods of Cornelius Culley , in her ready furnished lodgings , let by contract to the said James.
Feb. 28 .
June 13 .
Mrs. Cannon. My pot was lost from my house the thirteenth of June, and it was found upon the Prisoner, who, as soon as he saw me said, this is your pot.
John Williams . The Prisoner came by me with something I observed under her cloaths; I said, what have you got there? she said, what is that to you. I took her gown up, there was this pot; she told me her mistress sent her to sell it, and having seen her asleep not a quarter of an hour before in the street, made me suspect her; so I stopped her and the pot too; the little water that was in it was not quite cold. I asked if any body had lost a pot, and Mrs. Cannon said she had just boiled some pease in it, and set it out in the yard and it was gone. She swore to it as her property.
Prisoner's defence. I had been in the hospital; a woman came up to me crying, saying, she had been boiling some pease for her husband's dinner, and that he was going to throw the hot liquor on her, and she was going to the landlord to desire he
464. John Drinkrow , was indicted for stealing two pair of linen sheets, value 10 s. three linen pillow-biers, three blankets, one bolster, three pillows, one brass pottage pot, one sender, two iron pokers, one pair of bellows, one copper tea-kettle, and other things, the goods of Elizabeth Saunders , widow, in his ready furnished lodgings , April 16 .
Elizabeth Saunders . About Whitsuntide was twelvemonth I let the prisoner a two pair of stairs room, he continued in it five or six weeks with a woman I took to be his wife. Having a gentleman going out of a first floor, I let it to the prisoner about the beginning of April. I had a mistrust my things decreased; I went up and search'd the room, and missed the things mentioned in the indictment. He told me, if I would be easy, he had some money to take, due for wages on board a ship, and he would get me my things, saying, he had pawned them; but he only deceived me. I went where he told me they were, and have got only the worst of them again, the people deny the others. Some of the goods produced in court the prosecutrix deposed to them as her property.
The two pawnbrokers, Mr. Buckley and Darcus Mackenzy, depose to the taking in the things of the prisoner, which were produced.
465. Mary Murney , spinster , was indicted for that she in a certain field, or open place, near the king's highway, on Catharine wife of James Young , did make an assault, putting her in corporal fear, and danger of her life, one linen shirt, value 18 d. the goods of the said James, from the person of the said Catharine did steal, take and carry away , June 24 .
Catharine Young . I was coming home by St. Martin's church the 24th of June, and in the church-yard the prisoner came up to me and said, you old bitch, you have been robbing somebody, I'll see what you have got. She flung me down. There were two more women with her, Ann Delefant and Mary Grimes ; when I was down, one of them took me by my shoulder while the prisoner at the bar took the shirt out of my pocket, and ran away with it. This was betwixt 11 and 12 o'clock, just before sermon was done. They held the shirt up, and made game on me as they went off.
Q. Were there not people near you at that time in so publick a place?
C. Young. There was nobody came near me but two little boys, one about nine, the other about twelve years old. I called out, murder, stop thief, as soon as I was on my feet.
Mary Jones . On Sunday, the 24th of June, I saw the prisoner and two other women knock the prosecutrix down in St. Martin's church-yard, and take a white bundle out of her pocket. I happened to be coming up the steps; I saw them run, and she after them, crying stop thief; I did not offer to help take them. The prisoner shook her head at me, and I at her, seeing that vile action.
Prisoner's Defence. I never set eyes on either of the women in my life.
Benj Wood . I keep an inn . The prisoner came into my house when I was putting my harness upon the horses. He said he wanted to go to Islington; I said if he would give me a small treat, I'd carry him there; so he gave me some rumboe; we had two sixpenny-pots more at the Green Dragon at Islington; there he said he would not stay, he'd go home on foot; he left me, and came to my house; when I came home, he was in the yard, he went in to drink with me; then my Spouse said she had lost a silver pint mug, and ask'd him if he had not play'd some trick with it, and desired he'd not frighten her; he said he knew nothing of it, so I search'd the house to see if I could find it; we went into the parlour, my wife sat on one side of him and I on the other, my wife found it in his side-pocket, he had been drinking much, and said how he came by it he did not know, and may be he did not. After this, he said he'd do something to me, if I made him out a thief. I carried him before a justice that same night; he was very much affrighted, and
Q. Did any body play tricks with the prisoner, and slip it into his pocket?
Wood. He had it in his pocket before I came home, my wife having missed it before.
Anne Wood . My husband and the prisoner went out together. Some time after this the prisoner came home by himself; I asked him if any thing was the matter ? he said no. He called for half a pint of cyder, the drawer fetch'd it; there was nobody in the house but him. A gentleman came in, I went to call the hostler; no hostler being to be found, the drawer went out to take the horse; after that he went to take a tankard to draw some beer, and missed the pint mug. I searched every where that I imagined it could be; I was very angry with the maid, she said the prisoner was last at the cupboard-door. I desired, if the prisoner had play'd any tricks, he would not surprize me about it: when my husband came home, we sat of each side the prisoner. I took up his clothes, and felt it thro' his coat. Our drawer had been drinking out of it, and had put it into the cupboard. I hope the court will be merciful to him, he was in liquor, and it surely is the first fact.
Sarah Gifford . I am servant to the prosecutor. I was at the back door, a gentleman came with his horse, the hostler could not be found; my mistress went out, and the drawer followed her; she bid me go into the house; when I went in the prisoner was in the bar, and seeing me, shut the cupboard-door; then he came out of the bar and shut that too.
John Tompson . I am an officer. On the 21st of June Mr. Wood came to my house, and desired I would go with him to his; accordingly I did, and he gave me charge of the prisoner, who confessed the mug was in his pocket, but asserted that he did not know how it came there; he said he did not take it with an intent to steal it.
Prisoner's Defence. I had drank pretty freely at the prosecutor's house, and he told me we had drank brandy and beer at several places where we went; when I was coming on foot from Islington I could hardly walk; the man at the turnpike saw and spoke to me, but I did not remember the next day, when I was committed to prison, what he said to me, I was so much in liquor. I have drank out of the same mug 50 times.
Prosecutor. I believe he has.
To his Character.
Thomas Witherley . I have employed the prisoner for these twelve months past. I am a writing stationer. He is a scrivener. He has behaved always very diligently with me. I have intrusted him with deeds of consequence; he was always very honest to me; I really believe him to be an honest man.
467. Sarah Meritt , otherwise Merich , spinster, was indicted for stealing one cotton gown, val. 12 s. one woollen petticoat, value 3 s. one linen sheet, eleven linen caps, value 4 s. five linen handkerchiefs, three pair of stockings, and other things , the goods of Richard Taylor , July 2 .
Richard Taylor . I live at Isleworth . I rent a room of the prisoner's father, I lost the goods the second of July, and the Thursday following I found the prisoner in St. James's-park with my wife's gown and petticoat on.
Prisoner's Defence. I asked the prosecutor's wife to lend me these things; she told me I might take them any time I wanted them; so I took them.
Prosecutor's wife. She never asked me any such thing, neither did I ever lend her them.
Guilty 10 d.
Prisoner's defence. I was in this man's shop with an acquaintance, he wanted to buy a pair; he gave me these shoes, I thought he had bought them, so I put them under my jacket.
Prosecutor. The other man fitted some shoes on, but bought none; he bid me under price.
To his character.
Philip Williams and John Tomson , were indicted for stealing one boat sail made of canvas, val. 10 s. the property of Thomas Searle , June 16 .
Henry Cartwright . I am a watchman, I was going my rounds at one o'clock, I saw the prisoner Williams coming with the sail under his arm, and another man along with him, he went into Mrs. Conner's house, a lodging house in Wells street, they both went in and up two pair of stairs; my partner was at one end of the street, and I at the other; I call'd to him, before he could get up they had thrown the sail out at the window. Williams jumped out of a two pair of stairs window, and made his escape ; the other made no resistance.
Jos. Ray. The sail belongs to the boat that I row in. I am in his Majesty's service.
Jos. Owen. The person who made the sail deposed it was a sail belonging to his Majesty, and that Mr. Searle is to maintain them as he before deposed.
Williams guilty , Tomson acquitted .
471. Elizabeth Darlton , otherwise Barr , late of Isleworth , was indicted for stealing one leather pocket, val. 2 d. and three shillings and ten pence half-penny in money numbered , the property of Eliz. Sumeril , widow, July 1 .
Eliz. Sumeril. When I came home from my labour I examined my pocket, I had 4 s. and 9 d. half-penny in it. I went to bed and put it upon the bed cord, and my stockings on that. I got up in the morning, and went to take my pocket; then I had but one stocking and ne'er a pocket; the prisoner lodges in the same house I do. I went down stairs to do a necessary on my own occasion, and the prisoner was lying by the fire side in the kitchen; I was lamenting my case, she turned round, and under her lay my other stocking and pocket; the stockings I have now on my legs, and the leather pocket by my side, there were ten pence half-penny in my pocket; she called me old catamarandum bitch, and asked me what I made a noise about.
Prisoner's defence. The prosecutrix was dancing to my landlord's fiddle, and I was in the house, she and a great many people were dancing country dances, we had all manner of musick, and several full pots of beer, and some gin. The man of the house gave me leave to lie down by the fire side; she went up to bed with her candle in her hand; she was a bed and asleep, I lay down by the fire side as naturally as ever you saw any thing in your life, she had half pints of gin and beer to pay for, and to pay the fidler; whatever she did with her money I know not; I never disturbed any body till that woman disturbed me.
Q. to prosecutrix. Did you dance that night?
Prosecutrix. The man keeps what we call a hop, he plaid on the violin, I gave him a penny and no more; and please you, my Lord, I did jump about.
William Crofts . The night before these things were taken away, Hutcherson and Robert Bragg put a little boy, named William Vername , into Mr. Jupp's ware-house, about nine o'clock, we took three casements, and the night after, we went again and took three casements more; Hutcherson went to Goswel street, and sold them to Bullons for fifteen pence.
Bullon's Defence. I bought the casements of Hutcherson, and gave him a penny a pound for them, I did not think but he came honestly by them. Bullons had a character given him by five persons of his being an honest industrious man.
Hutcherson Guilty , Bullons acquitted .
John Welester . I am servant at the Bagnio, Tower-hill. I was sitting in the back room. I heard something jink, June the 20th. I stepped out and saw the prisoner go down the steps at the Bagnio, I pursued him, he let two pint pots fall in Barkin alley, and a quart pot in Seothing lane; I took him in Water lane, he was going down into a wine cellar; these pots we had had from the prosecutor with beer, they have Mr. Bushell's name on them, they were produced in court. Mr. Bushell deposed to them as his property.
Prisoner's Defence. I never was near the place, or wronged any one of a pin's pint in my life. I was coming down Tower-hill, a man came against me and pushed me down, they cried out stop thief, so they laid hold on me.
Guilty 10 d.
William More and John Hayes , two watchmen in Thames street, took the prisoner with the cask on his shoulder between twelve and one o'clock in the morning, June 30. He was taken before the Justice; he confessed he took it out of a cask on Bear-key with his hat, and put it in the cask he had got; they went and found accordingly. He had nothing to say in his defence. There were eight persons gave him a good character for a sober working lad.
479. William Wilson , was indicted, for that he, with two other persons not yet taken, one silver watch, val. 3 l. one metal watch, val. 4 l. one three pound twelve shill. piece, two thirty six shill. pieces, and three moidores, the property of Joseph Millikin , in the dwelling house of Ann Glover , did steal, take and carry away , June 18 .
Joseph Millikin . I was a stranger in the town, and walking in the Fleet market was asking for one Mr. Clark's house, June 18. about four in the afternoon. I asked a woman, she said she did not know such a man; a boy came to me and said I am going to Mr. Clark's; he carried me into Ann Glover 's house in Chick-lane. I asked him if that was Mr. Clark's house, he said, no; but, said he, I have sold the man a horse for twenty guineas or twenty pounds, and I'll ask the gentlewoman if he has been here to pay the money; he call'd to the landlady and asked if the gentleman had been there to pay the money; she said he had been there five or six times, and she would send for him in a minute; so upon that account I sat down a little Soon after there came in a pretty lusty man and the prisoner at the bar: they set to gaming at something, they called it pricking at the belt; the prisoner first lost a shilling, then a guinea, upon which he asked me to change a five pound, or a 5 guinea piece. I had got a silver watch in my pocket that I had received in lien of some money, that was above my gold. I took that out, and laid it down upon the table, there was a 3 l. 12 s. two 36 s. pieces, and three moidores; I took them out and laid them on the table, upon which, said he, I think you have got a gold watch, I have let mine run down, please to let me regulate mine by yours ; said I, it is but a pinchbeck one. so I took it out; then the lusty man got up and turned me a little about, and carried me out of the door; going out I looked back and saw Wilson clap his handkerchief over the gold and watches, and pull'd them to that side of the table he was on. When I came in again the watches and gold were gone, I did not see him lift them. The prisoner and the boy also were gone. I asked Mrs. Glover what sort of a house she kept, saying. I thought they were robbers. I asked her her name, she was somewhat slow in telling me; there was a gentleman coming by, I was going to ask him, then she told me it was Ann Glover ; I asked her the name of the place, she said, Chick-lane , which I took into my book; it was five minutes after four o'clock when they were gone. I had no acquaintance in town, but one gentleman, I went to his quarters and could not find him; then I went and found Mr. Clark. he took his cane and we went along; I put off my riding coat, and put on another hat, and a long tail wig, and walked to the place; the prisoner was sitting at the door smoaking a pipe with something to drink; said I, you have changed your coat, but you have not changed your face, you are my prisoner: said he, for what? I said I will tell you by and by: I was assisted by some gentlemen that are here.
Q. How many people were there in the house when you was robb'd?
Millikin. There were only two men and a boy.
Q. What day was this?
Millikin. It was the 18th of June.
Q. How long was you in the room?
Millikin. I staid there but a very little time, a lusty man pull'd me out of the room after the things were on the table.
Q. How do you know the prisoner took your money and watches?
Millikin. I saw him put his handkerchief upon them and pull them to him, and it was a fair sign he should take them, I think.
Millikin. He was.
Q. How long had you and that man been out of the room?
Millikin. Not so long as I can go out at that door (pointing to a door about five yards from him) if there were no body in my way.
Q. What door did you go out at?
Millikin. It was the street door.
Q. Did any body go out by you at that time?
Millikin. No, they did not, there was another door went out backwards.
Q. What time did you take the prisoner up?
Millikin. I suppose between six and seven o'clock that evening.
Q. What became of that lusty man?
Millikin. He run away like a rogue as the rest did.
Q. After you missed your money I should be glad to know why you did not apply to some neighbour and relate the affair, in order to secure the people of the house?
Millikin. I was a stranger in the place and knew nobody, which was the reason I did not.
Q. Where did you find the prisoner?
Millikin. He was sitting at the door when I came back again.
Q. How many times did you prick at that belt?
Millikin. I pricked none, nor did I wager; it was a thing I never saw, and I was ignorant of it.
John Grovner . Between six and seven, on the 18th of June last, the prosecutor came into Mr. Dickerson's tap-house in Chick-lane, and told the story he has now. Mr. Lane, upon hearing him describe the persons, went out and saw Wilson sitting at Ann Glover 's door; he came and said there is one person you described sitting there now, saying, I wish you'd go up and see if it is him. We prevailed upon the countryman to change his dress, by pulling his great coat off, and I put my hat and wig on his head, and put on the countryman's wig, and walked up after him. We gave him charge if that was the man to give us notice and we would assist him; he went and took a survey of the man, went past him a few yards, I planted myself by the prisoner, the countryman turn'd upon him, and said, '' mon thou '' hast not altered thy heed if thou hast thy dress, '' thou art the mon that robbed me.'' I immediately seized him, jointly with the prosecutor, we brought him down to Mr. Dickerson's tap-house in Chick-lane, the prisoner was very uneasy and wanted to know what he was charged for; he began to be very abusive, and swore he never saw Millikin in his life before. When we came into the tap-house and altered Millikin's dress by putting on his own clothes, the prisoner then said he had seen him about two hours before at the White Hart in Chick-lane; that he went away grumbling, and said somebody had robbed him of six pence; and that the prisoner himself was eating some anchovies and bread and butter for his dinner. He attempted to make his escape. I sent to Newgate and got some hand-cuffs, and secured him, and put him in a coach, and carried him to the Compter, and the next day before alderman Rawlinson.
For the prisoner.
Anne Glover . I keep this house, the White Hart in Chick-lane. I remember Millikin coming to my house along with a young man, on the 18th of June, they went into a room that lies even with the common dining room, they had a pot of beer. I believe they had been together near a quarter of an hour; there were two men came in to drink, one of them seemed to stagger like a drunken man. Wilson never was in my parlour; they were two strange men that pushed in at the parlour; I said they must not go in there, there was company; they said, gentlemen, we hope no offence; Mr. Millikin said, no offence. They asked for six pennyworth of bumboe, they drank that and call'd for six pennyworth more. I was going down for some beer, as I came up they passed me; Mr. Wilson was sitting in a box in the other room; he said, he believed they were gone to the door, the gentleman came in again and ask'd me where they were? I said I did not know, but they would come again. I asked whetehr I was not to be paid for my liquor? yes, said he, for what I called for, a pot of beer; he gave me a shilling to change; he said to Mr. Wilson, I believe I have been among a pack of rogues. I gave him nine pence; he did not say he had lost any thing. Wilson was in a box by himself, and the gentleman was on the back of the box talking to him. There was Mrs. Philips drinking in the room.
Q. Was she there when the prosecutor and boy came in?
A. Glover. No, she was not.
Q. Was she there when the prosecutor said he believed he had been among a parcel of rogues?
A. Glover. No, she was not then; she sat and drank with Mr. Wilson. They had half a quartern of bumboe or rumboe, at the time the prosecutor and his three companions were in the other room, they were in the parlour, and Wilson and Mrs. Philips in the dining room.
Q. How long did Wilson continue at your house?
A. Glover. Till such time as he was taken up, he sat down and smoaked a pipe after he had eat two achovies which I gave him.
Diana Philips . I was at this house the 18th of June, I called in for a dram; this Mr. Wilson was there, he asked me if I would drink part of a glass of rum. I knew him before, he was in the kitchen, there was a man or two with him, who they were, I don't know, they were neighbours which I had seen there several times. I sat in the box with him, and was with him half an hour. I heard some company there in the parlour.
Q. Was you there when any complaint was made of being robbed?
D. Philips. No, I was not.
Samuel Wilcox . On the 18th of June I was at Mrs. Glover's, I saw the prisoner and some company in the parlour, there was no woman drinking with him when I was there, the prisoner was in a publick room. I believe I staid there best part of an hour, he sat opposite to me. I did not stay till the company went out of the parlour.
Q. What company was the prisoner in?
To his character.
Q. Did you ever see him play at pricking the belt?
Hawkins. No, I never did.
John Gravenor again. Upon my return from the Compter, Anne Glover did declare to me, that Wilson was in company with the countryman and two or three more people, but she did not see any transactions, not being in the room at that time; she keeps as infamous a house as may be in London. When we carried him to the Counter I was forced to carry a hanger drawn in my hand they were so troublesome.
Court. I hope you have no prejudice against her upon that account?
Lane. No, I have not. People of ill same often resort to her house. Some people who are cast this sessions used to frequent her house often; Eli Smith and his companions. I have seen the prisoner at the bar go backwards and forwards. It is esteemed by all my neighbours a bad house; there are neighbours in the court will say the same.
John Swithin . I am constable; it is reported a very bad house. Anne Glover was turned out of another house by the parish for keeping a bad house there. I believe there is nobody of repute uses the house. She did confess she knew the other man that was concerned in this robbery, but she would not tell me. The verdict was brought in special, to be decided by the twelve judges of England, whether it is a fraud or a felony .
Anne Wright . I am servant to my lady Dormer. I remember there was a hamper came to our house with medlers in it, but who sent them I cannot tell. It came by the Ailsbury coach; the man's name is Thomas Clark , but I cannot tell the exact time, I did not see the hamper open.
William Ward . Some time in November, 1748, about 7 in the evening, as I was going cross Holborn, a little below the bars I saw the prisoner following the stage coach just passing by me; I saw him take the hamper from behind the coach; he carried it to Staple's-inn-gate, and rested it on the rails. I waited till he took it up again and followed him up Middle Row; he went into Tennis Court, near Middle Row, it is a private court, I follow'd him through it, that goes to the back door to the King's Head tavern, there he dropped the hamper (I believe he saw me follow him) he then ran away, I ran and overtook him. Just as he was going into Holborn I laid hold of him, and, with the assistance of some people, brought him back to where the hamper was dropped. We brought him and the hamper into the King's Head tavern, and charged Mr. Marsh the constable with the prisoner. I think there was some direction upon the hamper where it was to go. I went to the Bell Inn, in Holborn, to see for Thomas Clark the coachman. When I returned the tavern was all in confusion. The prisoner was rescued by about a dozen fellows all armed.
Q. Was this hamper the same that was taken from Clark's coach?
Ward. The man came and owned the hamper.
Thomas Clark . I lost a hamper from behind my coach that night Mr. Ward applied to me.
Adrian Marsh . I then was headborough. I will not take upon me positively to say, but I believe the prisoner is the man. On the 28th of November was twelvemonth I was sent for to the King's Head, Middle Row, Holborn, to take charge of a person who had robbed a stage coach. He was in a room, and three or four persons with him; we tarried there I believe an hour. There was a porter sent to Mrs. Dormer, the person to whom the hamper was directed. While he was gone, came in about ten men; the moment the prisoner saw them, he said, d - n your eyes, fight away. There were about five or six pistols, and about three or four cutlasses. I am sure to three cutlasses. I received a great blow on my right hand. He was rescued when the messenger came back. He said if the hamper belonged to Mrs. Dormer, it came by the Ailsbury stage coach
Prisoner. Ask Mr. Gravenor if he did not come to the lodge at Newgate on Wednesday last with three other gentlemen, and when they came he pointed at me, saying, that is the man in the green waistcoat. Ward said, I cannot take upon me to say he is the man.
Gravenor. I took Mr. Marsh the constable and Mr. Collingsin, and Mr. Ward staid without to make farther discoveries. The prisoner has been an infamous fellow, his character is well known; he came in at 11 o'clock at night to Mr. Clark's house, (the very man Millikin was enquiring for) and was suspected to be a common highwayman. That night he made a bill of sale of his horse for eight pounds. Mr. Collings said he could not swear to him.
Guilty of stealing the hamper only .
The prisoner was acquitted .
481. Derby Conner , was indicted for that he, on the king's highway, on Thomas Prior did make an assault, putting him in corporal fear and danger of his life; one silk handkerchief, value 1 s. one linen handkerchief, value 6 d. one tobacco pouch, value 4 d, from his person did steal, take and carry away , June 12 .
Thomas Prior . I was going to Iron Gate , when I was at the bottom of the hill near the watchhouse , five young lads came down to me all at once, the prisoner was one of them, they got me down, and took my handkerchief from my neck, and another out of my pocket, and my tobacco pouch also. It was moon light. They told me they'd blow my brains out, but I saw no fire arms. The prisoner was the first that laid hold of me. They said nothing at all to me before they threw me down, and laid hold of my legs. I called out to the watch, they got off me and ran away. I got up and took hold of this and another, the other got away. I catched them about 12 yards from where they attacked me, the watchman came to me on the top of the hill.
Q. Is he here?
Prior. No, my lord, I have not seen him since, nor do I know his name, he did not come till the other was got from me.
Q. Were the others bigger than this lad?
Prior. They were all about the same size.
Q. Was you sober? It seems strange that five such boys as these should attempt to rob a man of your size.
Prior. I was very sober.
Middleton guilty ;
Collins acquitted .
Grace Rigg . I am servant to Mr. Young, he lives at the Man in the moon, Plough street, Whitechapel . The prisoner came in about half an hour after six o'clock in the morning, she asked for half a pint of cyder. I had a mistrust of her. I went down stairs, turned my head and saw her take some plates. (The plates were produced in court.) I drew her the cyder, then I turned round in the kitchen and missed two plates; I charged her with them; she laughed at me; she laid down six pence, and I could not disturb my master for change, she said she would go and get change herself; I would not let her go without delivering the plates. She pulled them out from under her cloak. Then I called my master, and he secured her; then she said she only took them to frighten me.
Prisoner's defence. I had not been well, I was not in my right senses.
Thomas Lincal . I am a salesman , I live in Rosemary lane. The prisoner had been my servant near three months. My wife being very ill, and to prevent being disturbed by the children, she chose one night to lie with the maid. The next morning she said to me, the bed was very hard; I said to her, it is pity you should let it be spoiled, I'd have you go up and make it yourself. About 11 o'clock she went up, and after some time she called me; there she found betwixt the bed and the sacking this petticoat. (It was produced in court, turned wrong side outward.) There were stitched to the petticoat 8 silk handkerchiefs, 5 pair of stockings, 4 cotton handkerchiefs, and seven white ones. I said to my wife, say nothing to her, but let us behave to her as usual. The girl was gone out. When she came in again, I said to her, where did you buy these gold ear rings? she said in the Minories. Said I to my man, go along with her, and see whether she bought them there or not. I found she said true. How she came by the money I cannot tell. Said I to her, you talk of going to another place, will you go now and see if the gentlewoman is provided. She went up stairs and dressed herself. I said, stay dinner. We sent her for half a pound of butter; my wife went up stairs, and found the petticoat was gone. After that I let her go out of the door about 50 or 60 yards, then I called her back, and had her searched; there I found the petticoat furnished as it now appears; she then confessed she took these things for her own wear, before my man and some neighbours.
Prisoner's defence. I never carried any thing away before, but a waistcoat and handkerchief to present to my brother.
486, 487. Thomas Dunkin , and Edward Brusby , were indicted for that they in a certain field, or open place, near the king's highway, on Stephen Macdonald did make an assault, putting him in corporal fear and danger of his life; 2 s. 2 d. in money numbered, from his person did steal, take and carry away , June 10 .
Stephen Macdonald . On the 10th of June my wife, I, and a man that lodges at my house, took a walk in the fields towards Pancrass. We called upon Mr. Pantelow, the constable of St. George's, Bloomsbury; then we sent for Mr. Campbell, another constable, we agreed to go out on a party of pleasure; as it rained and thundered much my wife and Mr. Pantelow's returned back to his house. Mr. Pantelow charged his brace of pistols. I charg'd three pistols, one the man had with him, one Mr. Campbel had, and one I had. We met another gentleman, he agreed to go with us. There are thieves infest that place, and especially one who has threatened the life of Pantelow, upon the account of his taking up the persons who robbed my lady Albemarle (we had staid drinking at the Spa) Coming back, in Pancrass fields , before we came to the wooden bridge, I said to them, we had better divide, and not go all in a body; so I said to Mr. Pantelow and Mr. Campbell, and an apprentice to a brazier, do you go on one side of the field, and I and Bready will go on the other. Bready kept behind me about 20 yards. I saw three fellows coming towards the wooden bridge (this was about a quarter of an hour after nine o'clock) one of them came up to me, which I take to be Dunkin, and discharged a pistol, it went over my head. I put my hand in my pocket, and my pistol had got through the lining of my pocket; said the man, swearing out, deliver your money. The other I believe to be Brusby, had a hanger. I said, gentlemen, don't use me ill, I have but 2 s. 2 d. which I delivered to them. Mr. Campbell called out to Pantelow, that there was some disturbance. I believe they hearing the name Pantelow made them run. I pursued, and got ground of them, then the person stopped and shot again at me, so I discharged mine at him. I pursued them still, thinking Mr. Pantelow and the others were after me Then he, which I take to be Dunkin, turn'd back and came up close to me, and put his pistol to me, swearing, take it, and shot again, then ran, and I ran, and pursued them still. I ran about 20 or 30 yards; I did not feel I was shot any more than any gentleman in the court; I put my hand in my bosom and felt blood, then I made a sort of a halt, and I called out to those behind, I was shot. Mr. Bready and Campbell came up, and Robert Neal the apprentice. I said to Mr. Campbell, give me your pistol, for I am a dead man, I'll pursue them as far as life is in me; I ran, and the apprentice followed me, I gathered a great deal of ground. They swore if I came up to them, they'd shoot me. I pursued them round the fields, they got over a hedge. There was a horse, on which one was mounted, and the other was getting up when the apprentice and I got up to them, and took them, and brought them guarded to town.
[He shewed the wounds on his body, which were three, his waistcoat bloody on the inside, the surgeon was there to be examined, who extracted the slug from one of the wounds, he was not examined,
It being a dark night the company divided, as they thought the thieves went; some thought they ran towards London, and some the other way.
Mr. Pantelow. John Gaticer and Bready said these could not be the men. There were divers persons appeared for the prisoners characters; and it appeared they had been both on one horse to Highgate, and was upon their return when taken, and that they set out from the Cooper's arms there at half an hour after nine o'clock.
John Gidings , deposed he went out with them on a single horse, he had been drinking plentifully and rode on the Road, and knew nothing of their being taken up till he came to London. But Macdonald said, and others confirmed it, that he rode side by side with the prisoners, when they were bringing the prisoners to town guarded.
Both acquitted .
488 Eliz. Preston , spinster, was indicted for stealing one silver watch, val. 20 s. one silver seal, val. 6 d. two moidores, one thirty six shill. piece, the goods of Thomas Skeggs , in the dwelling house of the said Eliz.
July 3 .
Tho Skeggs . I was going to the Greyhound inn, Drury lane, last Monday was seven-night for lodging, I knocked at the door about twelve at night; there was one Ann Hall was walking at the next door to this inn, being the prisoner's house; no body came to let me in, she came and said I might have lodging there, so I went along with her into the house. At going in I had 1 s. 6 d. in punch, then after that I wanted to go to bed; I went to bed; after we went up stairs we had some more punch, till I could drink no longer; then I went to bed, and my companion Ann Hall along with me, but my landlady, the prisoner, came up stairs before Ann Hall was in bed. I asked her what I must give her for the bed, she said two shillings, I gave it her: after that she came up and asked me if I would not have another eighteen penny worth of punch, I had that. When I went to bed I had laid my breeches under my head, I took the money out of my breeches, and paid her for the punch, and put my breeches there again and went to sleep. In the morning when I awaked I went to see what it was o'clock, my watch was gone; I felt for my money; I had two moidores and one thirty six shill. piece and some silver, when I put my breeches there, but it was all gone. Then I asked the girl that lay along with me if she knew any thing what was become of my money and watch, she said she did not know, except my landlady had it. Then she went part of the way down stairs, and asked the prisoner if she had got it; she came back again and told me it was safe. I staid a while, and she did not come so soon as I wanted her, I bid the girl call her again, which she did; then the prisoner came up and brought the watch in her right hand, and sat down on the bed side, and held it out to me, and asked me if it was mine, I said yes, she gave it me; then I asked her where the money was, she said she did not know, I told her somebody in the house must have it, for I lost it there. She said she did not believe any body had it, except her sister; then I asked her where her sister was, she said she was gone out; I asked her how long she would be before she came home, she said, not before dinner, then she expected her. I went away and came again about the time; I asked her if her sister was come in, she said, no, but she expected her every minute. Then I went to an alehouse opposite that house, and got a pint of beer, and went and asked two or three times, and found she was not come. At last I understood she had no sister there, then I told her I would seek a remedy, so I went away on purpose to do it. I was going to get some money, going through St. James's Park I met this Ann Hall along with a drummer, just by the parade, the man came after me and said the prisoner had the money, she took it out of my pocket; that the first thing she took was the watch, then the money. They asked me how long it would be before I came back from Westminster, I said in half an hour, they said they would wait for me, which they did. Then we came almost to Drury-lane, then the drummer went to the house and asked how affairs stood. He came back and said the prisoner said Ann Hall was not to come home till 10 o'clock, but stay at the sign of the Fox, and if things were clear she might come home. I went to Justice Ledger, he granted a warrant, I took Ann Hall with me, the prisoner got out of the coach, and called me and the constable aside, and wanted me to make it up, I told her I would not. After the justice examined her, he committed her to the Gatehouse for farther examination, which was the next day. Before she was brought some of her friends came to the constable and me and offered me the money. The justice committed her there again; before the justice she denied ever seeing me at her house.
Ann Hall. Betwixt one and two o'clock on Thursday morning was a week I was walking backwards and forwards near the Greyhound, Drury-lane,
Q. Did you ever frequent a brandy shop in the Butcher-row, near Temple-bar?
Ann Hall. No, I never did.
Q. Was you not there the third of July to change a thirty six shill. piece of gold?
A. Hall. No, I was not, I never was possessed of a piece of gold of that fort ; I know a guinea, and that is all I know of gold coin.
Prisoner's defence. I know no more of it than the child unborn. She brought the watch to me and I delivered it to him again in the morning. Because I threatened to trouble her for the money she owes me, she has brought this thing against me.
Catharine Messinger . I was servant to Mr. Little, a brandy shop in the Butcher-row, by Temple bar, this Ann Hall came to our shop on Friday was seven night betwixt ten and eleven o'clock, and asked for a quartern of gin; there were two women with her, I served her, she wanted me to change a piece of gold, I asked her what it was, she said she could not tell, I took it out of her hand, it was a thirty six shill. piece, the gentlewoman of the shop was asleep and I could not change it, so I returned it again; she offered me another, if I did not like that, and she offered me six-pence to change it; I trusted her for the gin because I could not change it.
Hannah Cordosa . I know Ann Hall, I saw her last Tuesday was seven nights coming out of this gin shop, it is the Black Dog in Butcher-row, I was going in for a half-penny worth of small beer, she had money in her hand, I saw three broad pieces.
Q. Where do you live?
Cordosa. I live as far as Westminster. I had been in the city to buy some thread to work with. I am a sempstress.
Han. Matthews. I go to the house where she lived, next door to the Greyhound, I help the maid there to do the work, I never saw Ann Hall with any money at all.
Mary Mitchel . I never saw Ann Hall with any money, I saw her with the watch in the prisoner's house when the gentleman was in the house. She brought it down to the prisoner between three and four o'clock, and desired her to keep it for him. I am a servant in the house.
Anne Callings . I have known her 15 or 16 years, I never knew her charged with theft before this.
Guilty 10 d.
490. Thomas Mayo , was indicted for that he, on the king's highway, on Mary Smith , spinster, did make an assault, putting her in corporal fear and danger of her life; one gold ring, value 18 s. from her person did steal, take and carry away .
June 21 .
Mary Smith . On June the 21st, I had been to my washer woman in the Haymarket, the prisoner met me betwixt 10 and 11 at night in the middle of the Haymarket ; he asked me to go and drink a glass of wine; I refused to go with him; he laid hold of my hand, and said, are you married? I said no; he said, will you go? I said I would not. Then he took me and threw me down, and took my ring, and swored - n your eyes, if you speak I'll murder you. He struck me after he had got the ring. There was a woman came up to me; I told her that man in the laced hat had knocked me down and taken my ring from off my finger; said she, take care, don't go that way, there is a vile gang of rogues, and he is very likely to do it. I went home and told how ill I had been used by this Mayo. The person that came up told me his name.
Q. Where do you live?
M. Smith. I then lived in Covent Garden. It was on the 21st of June, Mr. Noke went with me to the justice the 22d for a warrant. I did not know howto serve it; he put it into the person's hands to serve it. The prisoner (Mayo) did not speak a word for himself when taken up. When I was before the justice they desired me to say he was not the man. One Ridgway said I should have the sum of five guineas if I would say he was not.
Q. Do you know Mrs. Eastoff ?
M. Smith. Yes, her right name is Mears.
Q. Do you know one Noke?
M. Smith. Yes, I do, he was at Mrs. Eastoff's house; I told him how I was used; I said to him, I should be obliged to him if he would go and see me home; he did, and staid there all night in Covent Garden.
M. Smith. No, I don't, I have not had any conversation about this with any woman at all.
Q. Was not Mr. Eastoff arrested in a suit of Mr. Mayo's?
M. Smith. Yes, he was, and afterwards he said, Eastoff does not owe him any money.
Q. What are you?
M. Smith. I am an unfortunate girl of the town.
Q. Can you give no other account of yourself?
M. Smith. No, I cannot.
Q. What was your business at the Haymarket so late?
M. Smith. I was to have gone out of town with a gentleman that lives in London next day, so I went for a clean shift.
Q. Where did you lie that night you was robb'd?
M. Smith. At Covent Garden. My landlord's name is Davis, he keeps a gin shop at the end of Phoenix Alley.
Q. Did you know that Mayo had a writ out against Eastoff that night you was robb'd?
M. Smith. No, I did not know he had.
Q. When was he arrested?
M. Smith. He was arrested on the 23d, at the suit of Mr. Mayo.
William Eastoff . I was coming into the Haymarket on Thursday the 21st of last month, coming home, a little below St. James's street I saw a man and a woman below the Haymarket. I saw the woman knocked down. Words passed between them; I saw the man running away, I ran after him, and saw him go into a house in St. James's street, it was the prisoner at the bar. Afterwards I was informed this was the woman. I did not see him take any thing from her. I went to that house where he went into, and enquired what sort of a house it was, and was told it was a bad house to go into. I then came back again, and went home. He turned round as he was going off. I saw him perfectly, and know him very well.
Q. Did you ever see this woman before?
Eastoff. Yes, where she lodged in Covent Garden.
Q. Did not you rent two rooms of the prisoner?
Eastoff. Yes, at that time.
Q. Was not there a dispute about it?
Eastoff. There was no dispute then, there was afterwards. Mr. Mayo came to me and asked me for his house; I gave him a month's notice, he was to have come at seven o'clock. I looked over the inventory, there were two plates, a flat iron, and a heater missing. I had no key; I desired to go out and leave him in possession of his house, and told him the things that were lost I would make him restitution for. He came the next day, and broke
Q. Do not you know of any dispute between you and Mayo?
Eastoff. There was an action brought for 44 s. which I justly owed the man, there was no dispute before. On Friday Mr. Ridgway and one Mr. Noke sent to me, in order that I would take the Prosecutrix out of the way, and they would give me a sum of money.
Prisoner. Ask that witness if he did not rent a house of me at so much a week.
Eastoff. I rented two rooms of him up two pair of stairs; some of the goods were gone; two blankets, a flat-iron, a heater, and a candlestick, which I offered t o account for.
Prisoner's defence. They have contrived to hang me, because I wanted my money that was my just due.
Richard Noke . On the 17th of June last, I went to Mr. Eastoff and Mrs. Mears, who said, the Prisoner at the bar had used him very ill. Mrs. Mears wanted to make the Prisoner give up his title to his effects. They proposed to go to Mr. Drinkwater, and consult means in order to punish him; Eastoff and Mears said he, had been guilty of robbing some Persons so I went to Mr. Drinkwater with them. He bid him go to Mr. Branson, his Grace the Duke of Bedford's Valet de Chamber, and say to him, the person who robbed him was named Mayo, and that the watch was to be found at any time. Upon their request I went to Mr. Branson with Mr. Eastoff, we desired to speak with him in a private apartment. Eastoff told him we understood that he had been robbed on the 17th of Jan. of a gold watch, &c. Mr. Branson told him he had not lost any such thing, and particularly, he never had a gold watch to lose; but he said, if any body in the house had lost such things he would make enquiry, so we waited upon him again the next day; then he said he had made enquiry in the family, and could not find any body had lost any thing of that kind. The next day, which was Friday, Mr. Drinkwater was acquainted he was not robbed at all. Then with the advice of him and Mr. Eastoff it was proposed, a robbery should be alledg'd against him. Mr. Eastoff desired I would go home with him and talk to Mrs. Mears his companion, she knowing I had had some trifling correspondence with the Prosecutrix, that she should say, that she had been robbed by the Prisoner of a ring, value 14 s. Mr. Drinkwater said it must have been a wedding ring, and the posey of it (Love, Virtue) this was agreed upon. I took the girl out with me on Thursday, the 21st after dinner, in order to take her from these persons, and desir'd her by no means to be guilty of this; I provided a lodging for her in Hart street, and took her there about 9 o'clock at night. We continued there about half an hour; she then told me, she wanted some clean linen, and said, she was desirous of having it; I went along with her to the Hay-market, the woman was not at home; I desired her to sit down with me at a publick-house the door on this side her house, till the woman came home, she was not out of my sight, she took the linen; I paid the reckoning, then we went to the lodging I had taken for her, where I continued with her that whole night, this was the night this robbery is said to be committed. I lay along with her. I met with her about 3 o'clock in the afternoon, and dined with her at Mr. Eastoff's house; I went to several places, she was with me the whole time. Finding a thing, and please your Lordship, of this nature going forward, I was willing to see how far they would carry it into execution; this is the fourth robbery sworn by Eastoff against the Prisoner, and made up.
On Friday I went about my business; I called upon Eastoff in Mrs. Mears's house, I found Mrs. Mears was abroad; I went to the Prosecutrix's lodgings, I was told she was gone to the King's Head, Holbourn; I met them, that is, Mrs. Mears and the Prosecutrix, near Middle-Row, they said no action had been committed; I carried her home and lay with her that night also. The next morning, she acknowledged Mrs. Mears had used her interest and desired her to go and make an information against the Prisoner at the bar, and that Mrs. Mears lent her half a crown to pay for the warrant. I went the next morning to Mr. Eastoff's house, to ask the reason why she should contrive so wicked a scheme, said East-off, that alone will not do, for there were a considerable deal of money due to the Prisoner.
Q. What are you?
Noke. I am a compositor in the printing-branch. I was offered three guineas last Sunday if I would back a bill against the Prisoner, by Mr. Eastoff.
- Ridgway. On Thursday the 21st of June, between 8 an 9 o'clock in the evening, the prisoner called upon me and told me he was going in order to take possession of his house in Park street,
They did tamper with me. Mr. Eastoff proposed, that if Mr. Mayo would let Mrs. Mears out of goal, he would take care to keep the prosecutrix out of the way, so that she should not prosecute him.
Sarah Tidmash . On the third day Mrs. Eastoff was in the Fleet, as the prosecutrix and I were going along Fleetstreet, she said she was almost mad, said she, what must I do? I must either go to Newgate or be hanged, or be pillory'd, if I do not go through with it. If they had not given me two or three drams I had not done it, and said how her conscience flew in her face when Mr. Mayo looked at her.
Samuel Hodges . I am uncle to the boy, I believe I should not have known any thing of the affair had not a neighbour informed me of it, in a letter the day after he was buried; then I thought it necessary to come up to London to inquire into the occasion of his death. I inquired and found the lad had been very much abused, as to my own knowledge I know nothing at all of it. I happened providentially to go by the door the very next morning after he had been served so. I live at Richmond, and called to see how he did, the prisoner told me he was a bed sulky, I said I hope you have had no words together, no, not in the least, said he, I only touched him with my finger on his hat or cap, and he is gone to bed sulky. I was going away, he faintly said, will you go up and see him; said I, if he is only sulky let him sleep half an hour. Here is the last letter I received from him, dated the first of May, we suppose he put it in the post on Tuesday night; he died on Friday morning about two o'clock. He was a lively active thing, a colour as fresh as a rose, as any body would desire to be.
Prisoner's defence. I have evidence here that he died a natural death.
Mr. Evans. I am an apothecary, I was sent for by his master, he was in a very restless way when I came, nothing would stay on his stomach; he complained of his bowels, no passage downwards, from some great cold he had catched, and he was attended with a scrophulous humor, which might strike in. I was sent for on Monday April the 23d. he had been ill three or four days before, and had had no stool for five days before. I endeavoured to get a passage through him, by giving him oily medicines with glisters, &c. but could get none. His pains continued, and reaching to vomit he brought up his excrements four or five days before he died. There was no bruises about him.
Mr. Bradley, Mr. Carter, Mr. Adison, and Mr. Broughton gave the prisoner the character of a very honest man.
494. Jane Waller , spinster, was indicted for stealing one silk gown, value 3 l. the property of Mary Drew , spinster; one linen handkerchief, the property of Frances Bowbine , spinster, and several other things, in the dwelling house of Mary Felch .
Guilty of felony only .
George Lodge , was indicted for stealing two saws, value 5 s. the goods of Charles Burges , July 2 .
The prosecutor not appearing he was acquitted .
500. Susannah Shapter , spinster, otherwise Shaslow, otherwise wife of William Floyd , was indicted for stealing three linen shirts, two table cloths , and other things, the goods of Thomas Osborne , November 28 .
The Trials being ended, the Court proceeded to give Judgment as follows:
Received Sentence of Death 8.
Transported for Seven Years, 30.
Thomas Wilson , John Mitchel , Mary Smith , William Winter , John Needham , William Jones , Griffith Jeppe , John Hodges , Jane Waller , John Hawkins , William King , Thomas Clark , Abraham Bailey , Abraham Wright , Joseph Fuller , Esther Tompson , Mary Kelley , Charles Cross , John Hilton , Shedrick Hill, John Frazer , John Bailey , William Baker , John Drinkrow , Philip Williams , William Hucherson , Michael Middleton , Mary Green, Jane Gale , Elizabeth Edwards .
*** For the Book of Short Writing, mentioned in February Sessions, Subscriptions are taken in by Mr. J. Hodges, on London-Bridge; Mr. J. Clark, under the Royal Exchange; Mr. J. Oswald, in the Poultry; Mr. G. Keith, Mercers Chapel; Mr. J. Buckland, and Mrs. M. Cooper, Pater-noster Row; and Mr. Owen, near Temple-Bar, Booksellers.
Each Subscriber to pay Two Shillings and Six-pence down, and Five Shillings more on the delivery of the Book, stitch'd in Blue Paper. (which will be about Michaelmas next.) To a Non-subscriber half a guinea.
N. B. A printed specimen to be seen at each place.