HELD AT JUSTICE-HALL in the OLD-BAILEY,
On Thursday the 23d, Friday the 24th, Saturday the 25th, and Monday the 27th of May.
In the 24th Year of His MAJESTY's Reign.
BEING THE Fifth SESSIONS in the MAYORALTY of the
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1751.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Honourable FRANCIS COKAYNE , Esq; Lord Mayor of the City of London, the Honourable Sir Thomas Dennison , Knt. *, Baron Legge +, Richard Adams, Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.
N. B. The * + ++ direct to the Judge before whom the prisoner was tried. L. M. by which Jury.
Jonathan Shaw . I am a gang's-man, at Ralph's key : We had a hogshead of sugar which had been broke open seven separate times, it was in a ware-house up one pair of stairs, No. 156. We suspected the prisoner, and set Robert Cotes to watch for him: He called me, and said, the man which we suspected was gone up into the buildings. I went and found him tying up a handkerchief of sugar. It was produced in court and deposed to. It was Barbados sugar, above twelve pounds handkerchief and all.
Q. How near was he to that hogshead you say was broke open?
Shaw. He stood at the next hogshead but one to it. He desir'd I would let him go, and not expose him, and confess'd he took it. There was no other hogshead open in the ware-house, and this was at that time. I don't know who it belongs to: I weigh'd it, and found it had lost one hundred, three quarters, and odd pounds.
I went up into the ware-house, and found the handkerchief with the sugar tied up in it.
352. (L.) Elizabeth Townsend , spinster , was indicted for stealing two silk handkerchiefs, one linen handkerchief; two women's caps, a water pail, value 3 s. 9 d. the goods of Thomas Hitchcock , April 27 . ++
Thomas Hitchcock . I am a perriwig-maker , in Aldersgate-street : The prisoner came to do business one day at our house while we were without a servant, she was recommended to me by the mistress of the work-house. I saw the goods mentioned, with more, lie folded up in a tray with a cloth over them. My wife went to the mistress of the work-house, and told her, the girl had been at our house on the 27th of April in the morning and was gone, and the things
Elizabeth Wood . I am mistress of the workhouse : Mrs. Hitchcock came to me, and desired I would help her to a person to be with her for a fortnight. I recommended the prisoner to her, she staid three or four days, but lay at our house on nights. She went out from us in the morning, on the 27th of April, between six and seven o'clock, and between eight and nine Mrs. Hitchcock came to me, and told me, the girl had been there and lighted a fire, and then went out; and that she had taken some things away. I knowing she us'd to run away from her master where she was an apprentice, and us'd to lie in the glass-house at Ragfair, I went there and found her, and brought her to the prosecutor. She said, she had sold two handkerchiefs, and had bought some salmon. This handkerchief, and a cap, were on her. She fell down on her knees and beg'd forgiveness.
Guilty 10 d .
353. (M.) John Johnson , was indicted for that he, on the 20th of April , about the hour of three in the night, the dwelling house of William Cotes , Gent. did break and enter, four linen frocks, value 1 s. 6 d. one linen shift, value 2 s. four towels, value 6 d. two linen table cloths, value 4 s. one duffel coat, value 10 s. the goods of the said William, did steal, &c . *
Mary Cotes. I am wife to the prosecutor, and live at Limehouse , my husband is master of a ship . Between the 20th and 21st of April I went to bed about eleven o'clock, and when I got up in the morning there were taken away the goods mentioned in the indictment, the house was not broke open. Hannah Jones advertised the things, by which means I had them again.
Hannah Jones . I live in Caple-street, Rosemary-lane. On Sunday morning, the 21st of April, about seven o'clock, I was knocked up by the prisoner, he had these things to sell, it being Sunday morning I stop'd them upon suspicion he had stole them. He said, he would go and fetch his mess-mate to whom they belonged. The goods were produced in court and deposed to by Mrs. Cotes.
I am a Dutchman: I had the goods of another man to sell for him. Guilty of the felony, and acquitted of the burglary .
Justice Jones. I live with Mr. Rivers, he is a cloth-worker , the prisoner is of the same trade; he came into our shop and sat down being out of business; we had missed some lead when he had been there before, so we watched him; I saw him take this away with him, on the 6th of May, and I went out of the shop after him and stop'd him, he then confess'd he had taken that on Saturday before, and sold it for half a crown to a plumber opposite the Crown alehouse at little Moregate; we went there and found part of the lead unmelted, but I will not swear to that. The lead was produced in court he took on the 6th of May, weighing six pound and a half, and depos'd to.
I was out of business and had no friends, and in great necessity, so I did it for want.
Guilty 10 d .
Ann Priggs . I am daughter to Isaiah Roberts , we live in Spittlefields , and keep a pawn-broker's shop : I employed the prisoner about a year and a half as a chair-woman , in which time I lost many things at sundry times and did not suspect her, but turn'd away a maid on that occasion: After she was gone I still lost things, I mis'd this shirt in the washing, I enquir'd much about it, and the prisoner took much pains to perswade me I had sold it. She work'd for a neighbour of mine, and she lost things too. I went to a neighbour, another pawn-broker, and enquir'd, he produced
John Barber . The prisoner at the bar brought this shirt to pawn to me, I or my wife took it in the 27th of December. The prisoner said she bought it, it was pawn'd in her name for half a crown, she used frequently to bring things to pawn.
I bought that shirt.
Philip Richards . I am a brewer's servant : On the 14th of May I went to Hammersmith, I staid drinking there till night, being upon my own business; I was much in liquor, and coming by St. Giles's the prisoner pick'd me up; we went and drank together, then we went to her own home and had some liquor there; I gave a shilling for my bed and went up stairs, we sat sometime together, I gave the prisoner a shilling, then we went to bed together; I came down again after that and had some more liquor below.
Q. Had you pull'd your cloaths off when you went to bed?
Richards. I had, my Lord. I had my watch and money in my pocket after I had put my cloaths on again. There was another girl in the house, I told her I would give her sixpence if she would go up stairs along with me, so we went to bed together in the same bed, and I locked the door, and put my breeches quite under the middle of the bed. When I awaked in the morning I found my breeches lying on the bed, I search'd them and found that my watch and money were gone. I search'd about the bed and found two shillings in it, I miss'd half a guinea in gold; then I saw there was a door stood a-jarr, there was a little table stood before it which was shov'd back into the room; this door open'd into the room where the prisoner lay, out of which there was a way down stairs, which I did not know of when I went to bed. I call'd to the man of the house, he came to me, I told him the case, so he sent for a constable, and would not let the girls go out of the house till he came; the constable took six of them to the Round-house; there was another girl but she was ill, besides the man's wife, these two were left behind. The six girls were all search'd but nothing found upon them; they were taken before Justice Fielding, and all denied knowing of the watch or money; the Justice wrote a mittimus to send them all to Bridewell, and as they were going along the prisoner said, she knew were the watch was, and would tell if I would release her. We took her back to the Justice, I there heard her say, it was put into a hole in the feather bed where she lay, in the next room to where I lay. The Justice ask'd her, whether any body was with her when she took the watch; she said, no body at all.
Q. Are you sure you had the watch, and half guinea, when you went to bed with the other girl?
Richards. I am certain I had.
Q. Do you know where the prisoner was when you went to bed the second time?
Richards. No, my Lord, I don't. She could come into her own room without coming into the room where I lay.
Q. How do you know she lay in that room?
Richards. She said she laid there. Then she said, she gave the watch to another girl that lay with her, and she hid it. The Justice order'd the constable to go and search that place; when he was gone the other girl said, the prisoner had put it into a hole in the bolster; then the Justice sent another person to bid the constable search the bolster.
Arthur Smith . I am constable: I went by the Justice's order, and two women that were there, and I found the watch in the bolster. I saw them shake it out. The prosecutor, as he described it, lay in the fore room, and this bed was in the back room. The watch was produced in court and deposed to.
Q. Did the Justice put the confession in writing?
Smith. I believe not.
Q. to the prosecutor. Did you see the Justice put it in writing?
Richards. I did not see him write.
Last Tuesday was se'night at night I had been out, and coming home between eleven and twelve o'clock, with the tail of my gown about my head; the prosecutor took hold of me and push'd me about, and said, I should not go till he had drank with me; so he push'd me into a house, saying, he had but a penny about him, and wanted me to pay a halfpenny, I said I had no money. Then he pull'd out a sixpence, and drank
357. (M.) Richard Beard , was indicted for stealing one cloth jacket, one pair of canvass trowsers, one linen shirt, one canvass bag, the goods of Henry Richardson ; five shirts, three pair of stockings, one hat, one wig, one silk handkerchief, two pillowbears , the goods of David Farley , April 28 ++.
Henry Richardson and David Farley were two sailors belonging to the ship call'd the Friends Glory, a New-Castle collier, lying near Execution-dock ; they missed the things mentioned taken out of their chests; they were told the prisoner had been on board; he had formerly sailed on board the same ship; they went and found him, and be confess'd he had taken the things, and directed them to them in an empty house where they found them. Some of them were produced in court and deposed to.
Thomas Swish . I live at the Palentine houses in Newington road : I lost my pail last Saturday night. On Tuesday reading the papers I saw it advertised, stop'd, supposing to be stolen. I went as directed, and described it before I saw it. It was produced in court and deposed to.
John Bond . I am a constable, I live in Shoemaker row. On Monday last between eleven and twelve o'clock, there were some goods offer'd to sale at a place call'd Broad-court in our parish. I went with the person, the prisoner was coming with the pail on his head in a bag with some dock leaves, his sister had two sauce-pans in her apron; I stop'd the prisoner, and catch'd him in several stories about the things, so I carried him before the sitting alderman, he order'd me to carry him to the Compter, and advertise the things, which I did; the man came and described the pail and swore to it, and the woman to one of the sauce-pans.
My brother is foreman to a nightman, we were together in Hounsditch ; a soldier was coming along, he said, do you want a jobb ; said I, cockey, I shall be glad of a jobb. Said he, will you carry this bundle (what was in the bag I did not know ) I was to carry it into the Minories; when I came into the middle of Hounsditch I saw him talk to a Jew woman, I cross'd the turning he was to turn up; when I came into Shoemaker-row he bid me set them down, I laid them on a stall; he staid a pretty while, so I went to him, and said, come cockey, don't hinder me in another jobb, I cannot spend the whole day with you; he and the woman was as near together as I am to your worship. The mob gather'd round me, and which way he and the woman went I don't know.
359. (L.) John Lee , was indicted for stealing one silver snuff box, value 7 s. one silver table spoon, value 8 s. one pair of silver tea-tongs, val. 2 s. one pair of silver shoe buckles, value 8 s. one pair of silver sleeve buttons, value 1 s. one silk handkerchief, and one cotten handkerchief , the goods of Samuel Torrent , April 9 ++.
Samuel Torrent . I lost the goods mentioned, but do not know the time only by the prisoner's confession: I live at the Ship in Gravel-lane Hounsditch , the prisoner was just come home from sea, and recomended to me to lodge; he lay with my servant that draws beer; he had been with me about six weeks, he has been in business turning a throwster's mill ever since he left my house. A person came to me the 23d of April, and ask'd me if I had lost any plate, I went up stairs and searched my drawers and miss'd the things mention'd. I came down stairs, the prisoner was eating his supper, I accused him with it, at first he denied it. I told him he had been seen in Shoreditch with such things, then he acknowledged the fact and desir'd I would be merciful. I sent for a proper officer and he was carried to the Compter. After he was lock'd up he desir'd to speak with me,
Prisoner. I throw myself up to the mercy of the great God of Heaven, and the court.
360. (L.) Joseph Peacock , was indicted for that he, in company with two others unknown, on the king's highway, on John Colston did make an assault, putting him in corporal fear, &c. one gold watch, value 10 l. one man's hat and crape hat-band, value 5 s. against his will from his person did steal, &c . May 1 ++.
John Colston . The night before the first of May, about twelve o'clock at night, as I was coming down Fleet-market going to the Bell in Holbourn alone, three men came to me the prisoner was one of them; I received a blow on my head from one of them before me, the other two were behind and my heels were trip'd up by them. I can't say which gave me the fall; they had before past by me backwards and forwards several times.
Q. What was you struck with?
Colston. I don't know that: As the person struck me, he said, D - n you, I'll teach you to go to the watch-house. I had been there and enquired what it was o'clock, and I was apprehensive of these people; at that time the watchmen were out calling the hour. I was down some minutes, and lost some money, but had none forcibly taken out of my pocket, they took my watch and hat. I went to a house where there was a light, it was a night-house, and described the prisoner; they said, they had seen such persons about; I staid there, the next morning about eight or nine o'clock the prisoner came, I took hold on him.
Q. Are you certain he was one of them?
Colslon. I am, my Lord?
Q. Was it light enough to discern him?
Colslon. There was no light but what the lamps afforded, which was enough to discern a person's face. The prisoner went with me and told me where my hat was sold, and I redeemed it, it was in Field lane at a brokers. The hat was produced in court and depos'd to. Then I came back with him, and made a sad piece of work about my watch; he said, he knew nothing of it, but he believed the other people did: I said, I would immediately send for a constable : a woman that seem'd to be a woman of the town came and send, sir, does this belong to you, which was my watch, I gave her a graturity for it; the prisoner said, he was very glad I had got it again, so I gave him a dram, and sixpence or a shilling, and let him go about his business; he has since been retaken.
Q. Where is the watch?
Colston. It is in the country, I left it at Epsora races: I was sent for to Justice Fielding's when he was there, and knew him to be the man.
Thomas Ind . When the prisoner was taken before Justice Fielding, about the 4th or 5th of May, he confessed that he, a chimney-sweeper, and an other person did this robbery. He wanted to be admitted an evidence. Mr. Fielding ask'd him in what manner it was done? He said he had the hat and hat-band, but did not know any thing of the watch; the others slung him of that; that it was done in Fleet-market; that he knock'd the gentleman down, being one of the three. The gentleman said there, he was the man that knock'd him down.
I know nothing of the matter.
Thomas Smallwood . On Monday the 6th of May, coming through Aldgate , I miss'd my handkerchief out of my pocket. The prisoner was close to me. When I challeng'd him with taking it, I perceiv'd him sumbling behind him: he had a surtout coat on, which had a belt to it that button'd before, in which he had lodg'd the handkerchief. The handkerchief was produc'd in court and depos'd to.
As I was coming from Whitechapel to the Bull and Gate in Holborn, a fellow gave this handkerchief to me passing through Aldgate. I never saw
Both acquitted .
See No 666, &c. in John Blachford, Esq; mayoralty.
Q. Look at these glasses, &c.
S. May. They are my husband's property. I lived at the Lebeck's head in Catharine's-street, going from thence I deposited them in a lumber room in Denmark court , where I took three rooms at Mr. Love's; when I came to go into my own house in Catharine-street again I miss'd these glasses.
Q. Are you certain they were carried to Mr. Love's?
S. May. I am certain they were, and Mrs. Jones the prisoner used to lie in the room where they were put. Mrs. Kelso came to me one day to ask me her character, then I had missed the glasses, and told her, I had lost them and other things. She said, if I would go along with her, she would help me to the sight of the glasses.
Q. What sort of a house do you keep?
S. May. I keep a private house.
Q. Do you know Mr. Evans ?
S. May. I never saw him till one time Mrs. Jones told me he was her husband.
Q. Do you remember there was a trial against Kelso for these very glasses?
S. May. Yes, I do.
Q. Was not you here at that time?
S. May. I was, and gave my oath they were my husband's property. If Mr. May had been here he would have had them again.
Q. Are you certain you took your oath?
S. May. I believe I did.
Q. Was not you frequently with this woman after you miss'd these glasses?
S. May. No, sir, I was not.
Q. How long did you keep your goods at Mr. Love's?
S. May. I kept them there seven months.
Q. Was there any lock to the door where you kept them?
S. May. No, sir, there was not.
Q. Pray tell us the reason you left that house call'd the Lebeck's head ?
S. May. Because we had money enough to live upon, and it was too much business for me.
Q. Come tell me, was it, or was it not, for your safety, at the time the bawdy houses were attempted to be pull'd down?
S. May. No, sir, it was not.
Q. How came you to go there again since?
S. May. Because the house is our own, I don't sell any thing now.
Q. Is not there an action brought against Kelso at the court of Common pleas by your husband for these very glasses?
S. May. I believe there is.
Henry Kelso . I live in Prince's-street, Soho. On the 11th of April was twelve months, Ann Jones came to me, and asked me if I would buy two glasses she had to dispose of. I said, if she would suffer them to be valued by a proper person I would buy them, saying, I did not understand those sort of goods. These are the two glasses; I have had them a good while in my custody; they have been out of my custody now about a month ; they were fixed up in the lodging room of David Evans and Ann Jones , in Great Pultney street. She said, she bought them of a gentleman she had liv'd with, that had kept the Lebeck's head. I got Mr. Ellis who keeps the blanket warehouse, to go and value them; he went with my wife and returned, and told me to the wearer they might be worth 5 l. I gave Ann Jones 4 l. 17 s. for them; she told me, they were her goods. I knew she had another husband living, and he is so now Evans and she used to say they were married together on the 13th of June, seven years ago, and never denied it till this affair happened.
Q. Was you there when the glasses were taken away?
Kelso. I was not.
Q. Was Evans present when you bought them?
Kelso. He was not, nor when they were appraised ; I had the misfortune to be tried for stealingAnn Jones gave me when I paid for the glasses; they made my man a prisoner to destroy his evidence that wrote it.
Martha Kenister . I was servant to Mr. May, I had lived there two years; I left them last January was twelve months; I remember those glasses very well; I clean'd them every week, sometimes three or four times a week; my mistress bought them at Heywood's bagnio.
Prisoner Ann Jones's defence.
The time the bawdy-houses were pulled down in the Strand, Mr. May went to Mr. Love's, No. 5. in Denmark-court; Mr. Love was so careful of the street door, he trusted nobody with the key of it. I was hired to Mrs. May the 20th of December, 1749, and January the 30th following I was discharged.' She hired Ann Sinclair , and delivered to her an inventory of the goods, and said she missed nothing, and made me a present of five shillings. On the 19th of October last, when Mr. Evans prosecuted Mr. Kelso, Mrs. May was asked in court, if she knew how she was robbed, she said she could not tell. I have been at her house since, she said she never suspected me.
Ann Sinclair . I was hired to Mrs. May the 30th of January as a servant, and stay'd with her eleven weeks and some days, and this woman, Ann Evans , otherwise Ann Jones was with her; Mrs. May wanted her to go with her as her cook, and me to be her bar maid. Her husband asked me, if ever I lived in a bawdy house; said I, I never did; then, said he, if you go with her you must, for she never kept any thing else; then, said I, I hope you'll excuse me, for I don't choose to go in such a way of life; she insisted upon my going and would not discharge me, and said, if I would not, she would swear any thing against me. She always said the prisoner was an extreme good servant, and she would recommend her to any thing in her power. I have seen her in Mrs. May's company early and late; she has sometimes been brought home by the porter so drunk that she could not stand. She sent her to nurse a gentlewoman and gave her a crown.
John Park. I was buying some pictures in the shop of Mr. Dunning, a broker in Holborn; there was Mr. Evans the prisoner; he said, he was looking upon two glasses in order to buy them; he bought them, and ordered them to be carried home; I think they had gilt frames; one of them was for a chimney. [He looked upon them in court, and said, they were the same, or like them.] I saw him pay the money for them. This was in March was twelve months.
Q. Where is Mr. Dunning?
Park. He died about eight or nine months ago.
Q. What are you?
Park. I have been a broker this 28 years.
Q. Why do you remember March more than any other month?
Park. I know my profits and loss for many years past.
Q. When was you applied to by Mr. Evans to recollect this affair?
Park. I can tell you no farther.
Q. When had you the subpoena to attend?
Park. About two days ago.
Q. Then cannot you tell when you was first applied to by the prisoner? recollect yourself.
Park. It was about six months ago.
Both Acquitted .
P. S. Mrs. May did appear in court after the trial of Mr. Kelso was over, and said she and her husband would swear that the glasses were their property, but she was not sworn.
William Mason . I live at the White-lion, Brookstreet, Grosvenor-square . On the 15th of May I lost a copper tea kettle. I miss'd it in about three hours after it was gone. I went to a pawnbroker's about a hundred yards from my house to enquire and found it there. [Produc'd in court and depos'd to. The prisoner acknowledged the fact when taken up.]
I met with a woman and drank with her; she asked me to pledge this kettle for her: I pledged
367. (M.) Ralph Suthernwood , was indicted for putting in corporal fear, and robbing Paul Isaac Gandon , of a hat, value 4 s. and Ann his wife , of one linen handkerchief, value 1 s. 6 d. on the king's highway , May 6 . *
Paul Isaac Gandon . I live in Great Earl Street, seven Dials. On the sixth of May, I and my wife had been at Old Bethlam to sup with a friend, and were coming home; I had my young child in my arms. My two apprentices were with me; Paul Gibson , the youngest, had a flambeaux lighting us, going before us, after 10 o'clock. When I got to the bellows maker, within two or three doors of Broad St. Giles's , the prisoner at the bar stopped my apprentice and put his flambeaux out. I gave my wife the child and went up to them; they had each of them hold of it. I took and shook it in again. The prisoner swore, d - n his eyes, he'd knock my brains out. I bid my wife go before me; when I had gone 20 or 30 yards, on a sudden I received a blow on the back part of my head, which knocked me down. I got up and missed my hat; I went into a distiller's shop at the corner of Drury-lane, and desired I might leave my wig there, it being dirty. My wife was crying out, murder! thieves! the rogue in a white coat has knocked my husband down. I followed the prisoner down Drury-lane ; a person met and stop'd him; there came a watchman, he would not assist us, he got away. The day after I found him at the King's head, the corner of Monmouth-street.
Ann Gandon . I was with my husband going home that night between 10 and 11 o'clock; the youngest apprentice was lighting us. My husband was knock'd down at the corner of the brandy shop by the prisoner. I saw him as he was going to strike the blow, it was with his fist. When my husband was down the prisoner took his hat from the ground, then he came and snatched the handkerchief from my child's neck, as it was in my arms, and struck me up against a bulk, and swore he would knock my eyes out; he wrap'd it up and put it into his right hand pocket and run away down Drury-lane; he was stop'd near a window. There came a watchman up, to whom I said, it is very hard you will not take care of my husband and me; he would not assist. I got my husband away fearing mischief.
Ogle. Taylor. I am an apprentice to the prosecutor, the other apprentice was before at this time with the flambeaux in his hand. We were near the corner of Drury lane in Broad St. Giles's. The prisoner blew the light out, and went to take it out of Paul Gibson 's hand; then my mater took the flambeaux and shook it in, saying, what was that for? then my master went on; the prisoner d - d his eyes and limbs, and said something, I know not what. The prisoner went up to my master, and knock'd him down. I saw him do it, and sell on my master, and getting up, he took my master's hat that lay on the ground, and put it on his own head; then he came up to my mistress, and shoved her up against a bulk, and took the handkerchief from the child's neck, and ran down Drury-lane. My mistress crying out, stop thief! the man in the white coat has rob'd my husband; he was stop'd.
Q. Are you certain the prisoner is the man?
Taylor. I could see his face when he blow'd the light out, and also the distiller's shop door was open, I saw him plainly. They were all ask'd if they ever saw the prisoner before this night, to which they answer'd in the negative.
Paul Gibson . I am fourteen years old. I was coming lighting master and mistress along, the prisoner came and said something to me, I can't tell what, I think it was, what, are you going to run the flambeaux in my face. I said to him, I cannot as I hold it; I had got it underhanded with the light downwards; he immediately blew it out and took hold of it; my master came and took it and shook it in; then we went on about twenty or thirty yards I believe; the prisoner came up and struck my master over the top of his head and knock'd him down with his fist, and fell upon him; my master's hat fell from his head, the prisoner got up, took it, and ran down Drury-lane; my mistress cry'd out, stop thief, the man in the white coat has knock'd my husband down and robb'd him. I did not see him take any thing from my mistress. A man coming along stop'd the prisoner, their heels slip'd and they broke two panes of glass at a window, I knew him to be the man; we call'd a watchman, he would not lay hold of him, so he got off, but was taken the next day.
James M'Pearson. I am a smith by trade, I was coming home from work, I heard a great cry of murder, stop thief, &c. hearing the words, by the light of a shop where they sell old glass bottles, I saw the prisoner's coat, which was a white one, his foot slip'd as he ran and fell down,
Q. What time of the night was this?
M'Pearson. The watch was going past ten o'clock at the end of Drury-lane.
Q. Are you certain the prisoner is the man?
M'Pearson. I am certain of that, my Lord. They call'd out to the watch to come and take charge of him, but he would not, so he got away.
I was going to see after my wife but could not find her, coming home I saw a great mob of people, there was fighting; as I came by the bottle shop a man took me by the collar, and shoved me against the wall, and broke two panes of glass; they call'd out, watch, watch; the watch came and said, what has the man done, I see nothing upon him; and said to me, honest man go about your business, you have not wrong'd any body; they said, I had robb'd them of a hat and handkerchief. I live with my father at the Plough in Thomas street.
Ann Crow . I keep a distiller's shop, and live at the corner of Drury-lane. I remember the prosecutor's coming to my house that evening, the 6th of May, he laid a wig down on the compter. I said, pray friend take your wig away, I'll suffer no disturbance in my shop. He said, I'll return and give you all the satisfaction you can desire. There was a prodigious noise abroad. He went out; I look'd out, and saw him and another man had hold of the prisoner at the bar. They charged him with a robbery. After this the prosecutor's wife came into my shop, and beg'd I'd take hold of her child, for her husband would be murder'd. She laid her child down, went out again, and immediately return'd with her husband and apprentices, and several other people. She said to him, have you lost your watch? He said he had lost nothing but his hat, which was knock'd off his head. At the same time he brought a dirty hat and wig, and laid them on the compter, saying, if that hat and wig were enquir'd for, he would then find out the man who had robb'd him. Then his wife seem'd to be in a great fright, saying, she had lost her bundle. I said, it is here. She open'd it and said nothing was lost. Said I, have you lost any thing else? She said, no. The child was wrap'd up in a petticoat, and a cloak round it; it had nothing about it's neck, neither did it appear by the bundle as though it had had a handkerchief about it. She desir'd I'd take notice that she had lost nothing.
Q. to Mrs. Gandon. Did you say so?
Mrs. Gandon. I said at the door of the shop, I had lost a handkerchief from the child's neck.
Mrs. Carral. I live opposite Mrs. Crow. The prisoner was stop'd at my door: when all was over, I pick'd up a cap and feather at our door, it belong'd to the prosecutor's wife. She first said she had lost her bundle; but when Mrs. Crow told her it was safe, then she did not say she had lost any thing at all.
John Bullock, Esq; I can only swear the spoon is my property.
James Clark . I am servant to Mr. Bullock, I have the plate under my care: I miss'd the spoon on Friday the 18th of April. George Brown came on the Monday following and brought the spoon. The prisoner was cook to my master, she desired I would not tell her master of it.
George Brown . I am a pawn-broker: On the 18th of April the prisoner brought this spoon to me. It was produced in court and depos'd to by the prosecutor and Clark. She wanted to borrow half a guinea on it. I ask'd her her name, she said, Swarts, and that she lodged at the sign of the Feathers in Charles-court, in the Strand, and wanted the money to pay for one night's lodging there. I told her it was something odd; then she said, it was to pay for her lodging where she came from before. Then as I had the spoon, I ask'd her what letters there were on it, she said J. I. B. saying it was left her by her father, whose name she said, was John Bryan , and her mother's name Isabella. I told her, I would lend her half a guinea on it if she would satisfy me it was her own; so I went along with her to a place where she said I should be informed; when we came there, she said, it signifies nothing to enquire here for the gentlewoman is mad. Then she told me, it was one of the maid's, and if I made any enquiry she should lose her place. Then she told me
Prosecutor. The prisoner fell upon her knees, and said, she did not intend to wrong me of it, but that she wanted some money, and when she was able she would have fetch'd it out again and put it into its place.
For the Prisoner.
Mr. Cook. I have know the prisoner two years and upwards, she lived at Mr. Hartley's on Ludgate-hill, I never heard any ill of her character.
Mr. Hartley. I keep the Woolpack and naked Boy on Ludgate-hill, she lived with me about two years, I cannot say she ever wrong'd me.
Mrs. Ellice. I have known the prisoner three or four years, she bears an honest character.
Mr. Lawson. I have known her better than two years, I know no ill of her.
Mrs. Goodman. I have known her six or seven years, I knew her at Stony Stratford where she came from, I never heard any thing dishonest of her in my life.
Mrs. Eliard. I have known her near twenty years, she alway bore a good character.
Mr. Frances. I have known her between four and five years, I never heard but she was very honest.
Guilty 10 d .
369, 370, 371 (M.) Thomas Quinn , || Jos Dowdell , || and Thomas Talbot , otherwise Crawford , * were indicted for that they, on the king's highway, on George Rook did make an assault, putting him in corporal fear and danger of his life, one silver watch, value 40 s, two guineas, and twenty shillings in money number'd, from his person and against his will did steal, take, &c . May 12 . *
|| See No 236, 237, in Sir Samuel Pennant's mayoralty.
George Rook . Last Sunday was sen'night, about one o'clock in the morning, going down James's-street to Covent-garden from Long-acre in a hackney coach, I was stopp'd by some persons, they swore they'd blow my brains out if I did not deliver; it was dark, I could not distinguish how many there were, I delivered my watch and money directly; I imagined my money to be about four pounds gold and silver; as soon as I had delivered it, there came up a man on the other side the coach and asked me for my money, I told him I had delivered it to the man on the other side. One of them who stood at the horse's head, said, why don't you rummage him for his watch, said I, he has got my watch and money too: when I delivered my money, I said to the person, give me a shilling to pay my coach hire, which he accordingly did, saying, now you may drive on, I know not who they were.
Thomas Cullin . On the 12th of May the three prisoners at the bar and I went out of an alehouse in Bridges-street to the French-horn, with an intent to go a robbing; we went first up to Long-acre, we saw a coach turning down to St. James's-street going to Covent-garden, we ran up and stopp'd it; I stood at the head of the horses, Dowdell went to one side of the coach, and Quinn and Talbot on the other; I heard Dowdell demand the money, saying, he'd blow their brains out if they did not deliver: he within delivered his money and watch, I desired Dowdell to get the watch; after that Dowdell desired me to come away from the head of the horses, and he ordered the coachman to drive on: then we turned back and went to Long-acre, and so to the house we went out of and shared the money. We sold the watch to Dowdell, the chain belonging to it was a metal one, he gave that to Talbot. I never saw Talbot in my life till Thursday night was fortnight, then Quinn and he came into the French-horn together, Dowdell and I were once shipmates.
Nathaniel Harris . Last Sunday was sen'night I took the prisoner Dowdell in the Strand, upon searching him we found the prosecutor's watch; he had shewed an acquaintance of his a silver and a gold watch, who came and told some of my friends of it, which was the cause we went in pursuit of him. The prosecutors watch produced in court and deposed to. We asked Dowdell where the gold watch was; he said he had robbed a gentleman in the morning, in company with Quinn, Cullin and Talbot, and gave us directions were to find them; we took Cullin at the French-horn on the Sunday night; the next day we took Quinn at a lodging house in Newtoner's-lane ; upon our shewing him the silver watch, he desired to be carried to a justice to be admitted an evidence; he acknowledged the fact and several others, he committed in company with the prisoners and the evidence: he
Henry Field . Last Tuesday night between ten and eleven o'clock, a man came and asked me if I knew any thing against Talbot, besides returning from transportation; I said, yes; so he took me into Panton-street, where I took him looking into a publick house window; he said he knew he was a dead man, and begged I would not use him ill: I told him there was an evidence against him in Tothill-fields Bridewell, I took him to him, which was Cullin, he was in bed; he looked up and said how do you do Mr. Talbot? Talbot turned about and went out.
The prisoners had nothing to say in their defence.
All three Guilty .
There were two other indictments against them for street robberies.
John Roberts . Mrs. Wilson lives in King-street Covent-garden , she keeps a hosier's shop , I am her shopman, on the 8th of May about five o'clock in the afternoon, I was drinking tea in a room behind the shop, a little boy in the shop called out Mr. Roberts, as soon as I came to the shop door, the people told me we were robbed, and the man ran down towards Covent garden; I followed, but did not see him, I know we lost ten pair of worsted stockings and more, taken from out of the window: the next morning the prisoner sent for me to come to him to the round house, and wanted to have made it up, by giving us the value of the stockings rather then be committed, but he would not own any thing.
John Balendine . I was in the house facing the hosier's shop looking out at the window, I saw the prisoner at the bar put his hand over the grate, and take out a bundle of stockings and put them under his left arm.
Q. What time of the day was this?
Balendine. About five o'clock the 8th of May, then he came over towards me, I called to the boy in the shop who run after him.
Q. Are you certain it was the prisoner?
Balendine. I am, he had on the same coat he has now I believe.
Q. From the prisoner. How do you know they were stockings?
Balendine. The street is not very broad, and there are always stockings in the window for show.
Q. to Roberts. Were they wrapp'd up in any thing?
Roberts. No, they were not, my lord, and they were of different colours, light, and dark greys.
Susannah Heath . I live at captain Collet's facing this hosier's shop, the 8th of May I saw the prisoner at the bar an hour and a half at an Apothecary's shop door which joins the hosier's shop. I wondered what made him stand there so long. I went out about business, the prisoner looked every way, he looked full in my face as I went out, and as I came back, my old lady said to me, do you know that man; no, said I, but I shall know him again, for I thought he would have stared his eyes out. I saw the prisoner go by the hosier's shop and look in, the little boy was there; the prisoner went back again and set his foot upon the Apothecary's scraper at the door, put his hand over the grating and took a parcel of stockings of light greys and other colours, a pretty big bundle with a pair of stockings tied round them, he put them under his arm: I said that man has robbed the stocking shop; he ran away.
John West . I was going about my business and saw the prisoner standing at the Apothecary's door three different times in that afternoon, betwixt 4 and 5 o'clock, I took particular notice of him, I have seen him about where I live, which is King-street ; about a month ago I was at the taking him at the sign of General Ligonier on horseback.
William Wilson . I am fifteen years of age, as I was standing in my aunt's shop that day between four and five o'clock, I saw the prisoner leering about there an hour and a half, I had been out, and when I came in Mrs. Heath called out. I ran out and saw him with the stockings under his arm, I cry'd stop thief, no body stopp'd him.
I was at the Globe in Bridges-street at the same time, and never left the house till after 7 o'clock, and I have evidences to prove it, but one of them is at Kingston, the other is not here.
Ann Vice . The prosecutor had been robbed of these things, I went to tell Robert Wood the pawnbroker if such were brought to stop them, he came after this and fetch'd me, he had stopp'd the shift and bed gown and one apron, produced in court and deposed to.
Robert Wood . My neighbour sent his servant to tell me he had lost such goods, begging I would stop them if brought to pawn, and about 2 hours after the prisoner came with the apron, bed gown and shift; I stopp'd them, they prove to be the prosecutor's property.
I met a woman or two and we had a dram together, I cannot remember whether I went to the pawnbroker's or not.
Guilty 10 d .
374. (M.) William Hatton , || otherwise Forrister , was indicted for that he in company with David Jones on the 23d of April , between the hours of one and two the dwelling house of David Paul did break and enter, sixty china cups, value twenty shillings, four china saucers, one bow china tea pot, one earthen tea pot, two pickle dishes earthen ware, five fish plates earthen ware, one earthen fish strainer, one show glass and other things, did steal, take, and carry away . +
|| See No 25. in this mayoralty.
David Paul . I am a taylor by trade, my wife keeps an earthen ware shop , I live in Whitechapel , on the 23d of April there was no body lay in our house but my wife and I, and she was sick, the windows and doors were all fast, and the bolts and keys were so the next morning. A shutter was broke to pieces, and one pane of glass broke; I was called up about two, there was missing the goods mentioned and more, I don't know how many glasses I lost.
James Brebrook . George Hall the evidence sent his wife to me, desiring I'd take up this Forrister. I and another went and took him, Hall was along with him; we went by Hall's direction to an empty house in Rag-fair and found some of the goods. The evidence said the prisoner put them there, but he denied it.
George Hall. The prisoner and I agreed to go out a house breaking, we went out the 23d of April to break open this china shop in Whitechapel, we had things on purpose for such work, we went betwixt twelve and one at night, we first try'd to break the window shutter in halves, we could not take it out at that time, the watchmen were going about; we left it, and came at past one o'clock and broke it and took it out, I put it in the middle of the kennel; the prisoner broke a pane of glass, he first took out three tea pots, I had a bag in my hand to put the things in; then he took out five fish strainers, six tumblers made of glass, and a quantity of china, I cannot say how much, because we broke a good many; there was a china tea-pot, two little china plates, and a square plate; I stood in the path when the watchman was coming by, I carried the bag cross the way and the prisoner followed me so we carried them to our lodgings; we got up about four o'clock next morning, and gave two women sixpence a piece to carry them to a place in Duke's-place where we used to sell our things; they were sold to Minous, a Jew, the prisoner grumbled at the price and would not take the money. After that I heard we were likely to be taken, I had a mind to leave this sort of life off, and hearing he was going to hang me I then thought to hang him, so I came voluntarily and made a discovery. As he would not let the Jew have the things he took and put them into an empty house in Ragfair, then I sent for the people directly; this prisoner has hang'd two men here before. Brebrook carried us before the Justice, the prosecutor came there. I was admitted an evidence against David Jones and the prisoner.
Q. You have said nothing about Jones, was he with you in this robbery?
Hall. He was, my Lord, but I thought I was to say nothing against him till he was tried. When the prisoner was committed I went with Brebrook, John Lecock , and the constable, where the goods were, some are here now, and some are in Bridewell.
Q. to Brebrook. Are these part of the goods you found in Ragfair ?
Brebrook. They are, my Lord, and there are many more now at Bridewell.
Q. to the Prosecutor. Are these your property?
Prosecutor. Here are the two covers which I brought from home, they belong to the two teapots. He put them on, they sitted, and deposed to the pots, and another china one.
Q. from the prisoner to Hall. Where did we meet that night?
Hall. On the Saturday of the last sessions we were together at the Queen's Head in the Old-Baily, and we were in the right hand gallery in this house, and have been together in this way ever since.
The prisoner being ask'd what he had to say for himself, made answer, nothing at all.
There was another indictment against him for burglary.
Q. What are you?
Lemas. A seafearing man .
Q. What have you to say against the prisoner at the bar?
Lemas. She took a ring from off my finger.
Q. Where was it done?
Q. How do you know she was her aunt?
Lemas . She told me so.
Q. Can she speak the Italian language?
Lemas. I understand a little English.
Q. How long have you known her?
Lemas . I have been acquainted with her about a fortnight.
Q. Where did you become acquainted with her?
Lemas. In an alehouse drinking a pot of beer. I was walking in the street, and she call'd me in from a window.
Q. How long had you been in the house before you lost your ring?
Lemas. I had been in the house seven or eight days before.
Q. Was any body by when she took it?
Lemas. Her aunt, and two or three more were there.
Q. In what manner did she take it?
Lemas. She said, that is a very fine ring upon your finger; she took it off my finger.
Q. In what room was you?
Lemas. Above stairs.
Q. Was it in a bed-chamber?
Lemas. It was.
Q. Was you near the bed?
Lemas. No, I had not been near it. I was sitting by the fire.
Q. When was this?
Lemas. It was last Sunday was se'night.
Q. What sort of a ring was it?
Lemas. It was a rose diamond ring, it had eight little diamonds and one large one in the middle.
Q. Where is it now, have you seen it since?
Lemas. I don't know where it is.
Q. Was it taken against your will?
Lemas. Yes, it was.
Q. Was it taken by force?
Lemas. No, it was not.
Q. Did you offer to hinder her?
Lemas. No, I did not.
Q. What did she do with it?
Lemas. She put it on her own finger.
Q. How long did you stay there after that?
Lemas. Above an hour.
Q. Did you ask her for it afterwards?
Lemas. Yes, but she would not give it me; at last she told me, if I would go down stairs she would give it me ; I went down but she did not, but went another way out of the house.
Q. Did she live there?
Lemas. She said she did.
Q. When did you take her up?
Lemas. Three days after.
Q. from the prisoner. Did he not give me the ring from his finger?
Lemas. No, I did not.
Q. from the prisoner. Had there not been familiarities pass'd between us for a fortnight before that?
Lemas. Yes, there had, and I paid her for them.
376. (L.) Elizabeth Richardson , spinster , was indicted for stealing one silver watch, value 40 s. one silver watch-chain, value 6 d. one silver seal, value 12 d. the goods of Matth.ew Rogers , privately from his person , May 17 . +
Matthew Rogers . Last friday night, a little past ten o'clock, going home to my lodgings, when I was in Gravel-lane, Hounsditch , the prisoner took me by the arm, and ask'd me to give her something to drink, and handed me into a private house after a civil manner. I gave her some money to send out for liquor. Before I had been in the house ten minutes she laid her hand about my neck, and sell a kissing me; her other hand was working about my pocket.
Rogers. I was a little in beer, but sober enough when I lost my watch. I miss'd it directly. Then I clap'd my back against the door, and kept her in the room.
Q. Was any body else in the room at that time?
Rogers. Yes, my lord, there was another woman that sat at a distance. The people without were breaking open the door at that time, to let her out. A man got in and said, do you come here to breed a riot with my wife; he got hold of a glass bottle, with which he struck me, cut a hole in my hat, wounded my head, and knock'd me down; other people put up the window, and threw stones at me. I have that man in the Compter now who abused me. One person brought an iron poker; then they called out for knives, &c.
Q. Did you perceive the prisoner take your watch?
Rogers. Yes, my lord, I did.
James Morris . I am a watchman. Going my round about a quarter after ten this night, the prosecutor call'd to me, saying he had been abus'd and robb'd in such a place. He was all over blood. I went directly to the house, and could find no person in it but the fellow that is in the Compter now. The prosecutor gave me charge of the man, I carried him to the watch-house, and delivered him to the constable; then I went to the house again to secure any body I should find there. I brought up the man's wife next. Then I took assistance and went again, and met the prisoner in the court, much in liquor. I had seen her before at that house, so I took her to the constable. The man and she were sent to the Compter, and the prosecutor also.
Q. Is this a public house?
Morris. No, it is not, it is called a bawdy-house.
I have seen very bad proceedings there.
Henry Keys . I am turn-key to the Poultry-Compter. I had an information that Ann Pratt had the watch. I took her into the lodge, and found 17 s. 6 d. in her pocket, which I secured for the prosecutor. She said, if I would go with her she would tell me where the watch was pledg'd. I went with her to Holloway-lane, where the watch was pawn'd for 33 s. I took it out, and paid 7 d. for interest. Produc'd in court, and depos'd to.
Q. Did any body see you find it?
Q. How came you in that house?
Q. How came you to go there this time?
Q. Was you there when the prosecutor came in with the prisoner?
Q. How many persons were in the room at the time they came in?
Q. to the Prosecutor. Is this the woman who was with the prisoner when your watch was lost?
Prosecutor. I am not certain whether it was her or not.
I was going for some radishes. The man followed me in, and sent for half a pint of gin, and about five or six minutes after, he said he had lost his watch. I never saw or touched it. I was not near him.
Jane Jones . My husband is a labouring-man. I had been to get him some radishes, and stop'd to see the prosecutor struggling with two women, upon which I turn'd to see who the women were, but they were gone. I ask'd the prosecutor if he knew them. He said no; I might be the woman that took his watch for what he knew.
Q. to the Prosecutor. Did you say so to any body?
Prosecutor. No, my lord; I said before my lord mayor, I should know the woman again if I saw her.
Q. Did you see the prisoner there at that time?
Mary Clark . I live in the next court to that where this was done. About nine o'clock that night, passing by, I heard a great hubbub, and some women who stood by say a man had been robb'd, which is usual in that court; upon which I stop'd, and saw the prosecutor come out with a stick in his hand; it look'd like a rocker of a cradle; he was very fuddled, and wav'd it about his head, saying he was robb'd, and swore in a vulgar manner, he would kill every woman he met till he found the woman that robb'd him. His head was not broke then, it was broke some time
Q. to the Watchman. Did not you say the prosecutor was bloody?
Watchman. What this woman speaks of was before I came; when I came he was very outrageous, and all on a gore blood.
Guilty of stealing, but not in the dwelling house .
377. (M.) Thomas Cluneys was indicted for stealing a gold watch, value 18 l. one silver snuffbox, one silver stock-buckle, and one guinea, the goods and money of Jethroe Weacher , in the dwelling-house of the said Jethroe , Feb. 27 . *
Jethroe Weacher. I live now at the king's arms in King's-street, Westminster. In February last I kept the Fox ale-house in York-buildings . The prisoner is a soldier , he came to lodge at my house about Christmas, or a little after.
Q. Was he billeted upon you?
Weacher. No, my Lord, he was not: He told me his quarters was a long way from the Parade, so he gave me ninepence per week for his lodgings; he staid till he ow'd me six shillings and threepence; I had let this house to another person; I ask'd him for the money the 26th of Feb. he got up Thursday the 27th, saying, he was going to get the money for me, and would be back by ten o'clock but he did not return: I had occasion to go up into the room where I lie to my chest of drawers and found them broke open, I miss'd my wife's gold watch, a silver snuff-box, a silver stock-buckle, and a guinea in gold: I left the house on Saturday morning and went to my lodgings I had taken in Long-Acre: After this I took all the opportunities I could to find the prisoner, about a month after I saw him upon duty at St. James's Gate; I ask'd him when he intended to pay me the money; he said he had been seeking after me, saying, his father had sent him 27 l. and he had received it at Deptford, and that he would come the Saturday after, but did not come: He told me where he lodged, so on the Monday I went there, he was not at home, I told the landlady I had been a great sufferer by him: He deserted, and was taken up as a deserter and sent to the Savoy about three weeks after: I went to him and ask'd him for the things, he told me, if I would pay the money that was taken upon the watch I might have it again, and that it was at the Blue-anchor at Deptford, the man's name William Liberton ; accordingly he gave me a direction to go there for it, I went, the man own'd he had it, but would not let me have it, and said, it cost him 10 l. 1 s. the prisoner said he had sold it for 8 l. I came back to Justice Fielding's and took out a warrant, and brought the prisoner out of the Savoy before him, he was committed to the Gate-house.
Q. Who had the keys of the drawers, your wife or you?
Weacher. I had.
Q. Was your wife at home with you then?
Weacher. She had been gone from me about a week before. I had a room for her in order to go to her when I left the house.
Q. When did you see the watch last before you missed it?
Weacher. I saw it the Wednesday in the after noon.
Q. Did not you charge the prisoner with the fact when you saw him at St. James's Gate?
Weacher. No, I did not, because I fear'd he would make off, as he did afterwards.
Q. Did he tell you how he came by the watch?
Weacher. He told me my wife had made him a present of it, but I told him it was out of her power so to do, as I had the key of the drawers in my pocket, and she had been gone to the lodgings a week.
Q. Did not your wife absent herself from you?
Weacher. She went a week before with my consent.
Q. Who did she live with?
Weacher. She lodged with a widow woman, and does so now.
Q. Did you never suspect her going away to live with the prisoner?
Weacher. No, I never did: I have no other reason than to think her a virtuous woman. I liv'd there with her till I took another publick house in Soho, Warder-street, which I enter'd upon about a week after.
Q. Where is your wife now?
Weacher. She is still in the lodgings. She was well bred and a publick house is not agreeable to her.
Q. Are not you separated?
Q. Why did you get a search warrant at Deptford ?
Weacher. The Justice there would not grant me one.
William Leberton . I live at the Blue-anchor at Deptford, here is the watch. The prosecutor deposed to it. On the 30th of March last there came one John Cockborne to me, and said a friend of his had got into trouble, here is a letter he shewed me wrote by that friend, it is sign'd with the prisoner's name, and that he had pawn'd a gold watch for four pound to Mr. Slaiter, at Deptford. I went with Cockborne's wife, for she pawn'd it, and found there was 4 l. 16 s. upon it with the interest: The man said it had been there five or six weeks: Said I, was it ever advertised? he said, no; the woman desir'd I would pay the money and take the watch out to get it sold to the best advantage; I never saw the prisoner before now to my knowledge. I took it out and carried it to a watchmaker in Deptford, and ask'd him to value it; he said it was very much out of repair, and valued it at 9 l. I gave 10 l. 1 s. for it, and it cost 10 s. 6 d. mending.
Michael Mayham . After the prisoner was committed to the Savoy, (I belong to the same regiment,) I went to see him, and talking about the watch he desired me to tell the prosecutor the chain and seal were safe, and that no body could come at them unless he was there himself.
Mary Jenkins . I came into the house the prosecutor went out of, the prisoner had a room of me, he had lodged with me about three weeks when this thing happened. After the prosecutor had been to ask for him after the thing was done, I heard the prisoner say, he never had any thing of the prosecutor's wife in his life; the prisoner had let me look at the snuff-box, and my little boy had once fetch'd a halfpenny worth of snuff in it; the prisoner left the lodgings upon this, and I did not see him after till I saw him in the Gatehouse : I heard him own to the things, and said the prosecutor should have them again. He sent word the chain was buried under ground.
I came a little after Christmas to lodge in the prosecutor's house, the man himself having several times invited me to it; it was my fate to have the landlady to take a regard for me, telling me at different times, that her husband was a very barbarous man, used her ill, and that she could not live in a civil way with him: She made offers to me, and said, it I would go and take private lodgings she would accompany me: I might have agreed to that, but finding her inclinations to drink I took a disgust at her; but on the Sunday in the afternoon before she went away she call'd me up to her own room, and said, I am going away, and shall take one child with me, for I cannot live agreeable with my husband: She said, take you this, and gave me the gold watch and silver snuff box, and said, if I would accept of her invitation her life would be more agreeable to her: After I was in the Savoy the prosecutor sent me word, if I would restore the things he would make it up with me: I told him, I did not think proper to make him restitution for things that were given me as innocent presents: I told him also, the watch was at the Blue-anchor at Deptford, put there by a friend of mine; I gave it to a person as I was upon duty, who gave it to Mrs. Cockborne to sell or pledge it upon my own account, thus it came to the Blue-anchor at Deptford.
The prisoner had four persons, who had known him above eighteen months, that gave him a good character.
378. (M.) Richard Walker was indicted for stealing one cloth coat, one sattin waistcoat, one pair of breeches, two waistcoats, and one linen shirt, the goods of Robert Peirce ; one plush cap, the property of George Granvel , Esq; one pair of boots , the property of Robert Cooper , April 1 . ++
George Granvel , Esq; lives in upper Brook-street . The prisoner was employed in the stable under the prosecutor ; he took these things away from the stable. He was taken with the boots on his legs, and a shirt and waistcoat on. The rest he confess'd to, mentioning every particular. He had nothing to say in his defence.
379. (M.) Philip Gibson was indicted for that he, on the king's high-way, on John Davis did make an assault, putting him in corporal fear and danger of his life, one iron snuff-box, value 1 d. one linen handkerchief, value 8 d. one penknife, value 3 d. one half-penny in money, from his person did steal, &c . April 29 . *
John Davis. I am a taylor , and lodge in Thomas-street near Drury-lane; I was coming hometurning to go through little Queen street , he clap'd a thing to my breast, which I thought to be a pistol, and bid me stand and deliver, or he'd shoot me dead by G - d. I stood still directly. He searched my pocket, and took out my iron snuff-box, a linen handkerchief, penknife, and a half-penny. I had no more money about me; at that time there was a coach coming by; he made off backwards towards Lincoln's-inn fields. The coach rais'd my spirits a little ; I went after him, and catch'd him by the coat behind; then he put his arm over his shoulder, and snap'd the thing he had got in his hand : then I gave him a cant with my heel, got him down, and clap'd my knee on his right arm, and held the other with my right hand, and kept my left hand on his collar to hold him down, and call'd watch! A watchman came presently, who desired me to hold him while he called another watchman, which he soon did. I bid them take care of him, saying, I feared he had something about him that would do mischief. We carried him to the watch-house, the watchmen searched him, and found my things upon him. Produced in court and deposed to. And we likewise found the thing I took to be a pistol, (it was a tobacco-pipe case for the pipe to shove in at the end, the bowl shut in with a hinge in halves, and a small wire spring; so that at shutting it down hastily it would snap like a steel tobacco-box. It was about nine or ten inches long, not much unlike a pistol.)
Q. How far did the prisoner run before you took him ?
Davis. He was not got half cross the street before I laid hold of him.
John Bell . I am a watchman in little Queen-street. The 29th of April, about ten minutes past twelve, I heard a man call watch! I took my lanthorn and ran down to the bottom of the street, where I saw the prisoner on his back, and the prosecutor upon him, saying, I have got you fast, you shall not go. He gave me charge of him, and said, he had rob'd him, and threatened to kill him. The watchman in great Queen-street brought the man up little Queen-street. We ask'd the prosecutor what he had taken from him: he told us, a handkerchief, snuff-box, penknife, and a half-penny. The prisoner said, d - n your half-penny, I wish it had been twenty guineas. We searched him in the watch-house, and found the things mentioned.
John King . I was constable of the night. I took hold of the handkerchief, and said, Mr. Gibson, did you rob the person of this ? He said, yes, I did; and he said the same by the box and knife; and also, if there had been 20 l. it had been all one.
I was always maintained by my friends; I am sometimes out of my senses.
For the Prisoner.
Q. What did you observe of him?
Thempest. He us'd to get up out of bed, and sing tol de rol, I shall be hang'd, I shall be hang'd. All the people used to say he was not in his right senses, and that certainly he would not be hang'd. He'd talk to himself, plead guilty, and sing. &c.
Q. to King. You call'd him by his name, did you know him before?
King. No, my lord, I ask'd him his name first and he told me.
Court. Call Mr. Salt. He is sworn.
Mr. Salt. I am keeper of the gate house. The prisoner has been in our prison about a fortnight; I look upon him to be a very weak man, but not lunatic. He there told every body how he rob'd the man, in a weak, simple manner. Guilty. Death . Recommended to mercy .
Guilty 10 d .
381. (M.) Henry Bagshaw was indicted for stealing one cloth coat, value 2 s. two dimitty bed-gowns, two shifts, one dimitty petticoat, one napkin , one pair of cotton stockings, and two linen shirts , the goods of Henry Powle , May 16 . +
Henry Powle . I have been rob'd twice since the first of May. I keep the Green Dragon, a public house in Drury-lane . On the 16th of May I heard a great noise up stairs, my house was full of company, and Mrs. Doyle and her daughter were going to bed; as they call'd I ran into the entry, the prisoner flung down a bundle, and I caught him in my arms as he was going out at the door.William Baldwin , who was then over the way pretty tuddled, and I might take him. He said going out of our house, what have I done! I desir'd to be hang'd.
Sarah Doyle . My daughter and I were going to bed a little after ten o'clock, with a candle, the 16th of May. We live there. My daughter told me Mr. Powle's closet door was open, and that the pad-lock was taken off. I went to pull the door too as it stood a-jar, and the prisoner from within started against me, and cry'd bo ! I scream'd out, he had something white hung under his arm, upon which he jump'd down stairs directly. I was much affrighted, and in about a quarter of an hour went down, and saw him in custody there.
Mary Cliff . I was in the prosecutor's kitchen, and heard the cry, murder, &c. I am servant there, I opened the door at the stair foot, the prisoner came running down, threw the bundle at me, it fell on my head; my master coming along the passage at that time, caught the prisoner in his arms, and carried him into the tap-room. I heard him say he deserved to be hang'd.
James Smith . I am a lodger in the prosecutor's house. I was drinking a pint of beer there, I heard a great outcry of murder, thieves, &c. the prosecutor ran along the entry and catch'd the prisoner in his arms; said the prisoner, I deserve to be hang'd for it.
Mr. Powle took hold on me , and said. I was a thief, and had rob'd him; William Baldwin ask'd me to go up stairs. I said I had not rob'd him: he went out of the tap-room and brought in these things in his arms.
Henry James . I was set to watch this house along with Peter Lownes : On the 11th of this month, about a quarter after twelve at night, I saw the prisoner on the top of the house, we caled to him and desir'd him to come down, but he would not answer us: I told him I would shoot at him if he would not : I said to Lownes, do you go on the other side the house that he may not escape; I suppose the prisoner thought we were both gone; he came nearer me, I said, if he did not speak I would shoot at him, but he would not. I shot and hit him on the leg with small shot, then he would not come down, so I was obliged to get a ladder and go up, he sat between a tree and a window; when we got him down it was after two o'clock, we found no lead upon him, there was a sack, and we took a knife out of his pocket, the sack lay in a gutter, that he denied.
Q. Was there any thing in it?
James. No, my Lord, there was not.
Q. Was there any lead rip'd up?
James. No, my Lord, there was only a bit begun to be cut, but it was not taken off.
Q. Did he confess any thing?
James. He did, that he had been there four or five times, and carried lead away, and sold it one time for four shillings, but he did not confess what quantity he took away each time.
384. (M.) Martha Hanford , spinster , was indicted for stealing one tea chest, value 12 s. six silver tea spoons, value 5 s. one silver strainer, one pair of tea tongs, one sattin petticoat, seven shifts,Mary Lawson , widow , in the dwelling house of Joseph Gray , May 9 . ++
Mary Lawson . I live in Salisbury-street in the Strand . The prisoner was my servant , she liv'd with me about a week, which was last Thursday fortnight; when she went away I miss'd these goods mentioned in the indictment: the seven shifts were in a drawer, the other things she took out of the dining-room; I got a warrant, and we found her in Castle-street, Long acre, last Tuesday morning; a gown and some shifts were lying on her bed, and some of the things she had on: she said two of the shifts were pawn'd and some things sold; I went and found them by her directions.
Christian Jones . I live in Monmouth-street: here are a pair of stays I bought of the prisoner: I bought a scarlet cloak also, but I had sold that; the prisoner and another woman brought them the 11th of this month, the prisoner took the money. The Prosecutor look'd on the stays, and said they were her property. Jonathan Blowers , the constable, confirmed the taking her confession, and finding the things. The prisoner had nothing to say.
Guilty 39 s .
385. (M.) Robert Damsel was indicted for that he, together with Samuel Allen and John Dawes , on the king's highway, on William Head did make an assault, putting him in corporal fear and danger of his life, one gelding of a dark bay colour, value 20 l. four pistols, value 8 l. one bridle, one saddle, and furniture, the goods of Thomas Wilson , Esq; and 10 s. in money, numbered the money of William Head , did steal, take, &c . May 14 . *
William Head. I am servant to Thomas Wilson , Esq; he lives at Charing-cross. On the 14th of this month, about a quarter before seven in the morning, I was coming alone from Salt-hill in the road to Hounslow , riding one horse and leading another. I was met by two men on horseback, and one on foot. The prisoner at the bar was one on horseback; he ordered me to stop, and pull'd a pistol out of his right hand pocket; the man that was on foot jump'd up to my horse, and seiz'd upon my pistols before me. I offer'd to lay my hands on one of them, which the prisoner at the bar seeing, said, if you offer to do so I'll blow your brains out. He ordered me to dismount, and demanded my money: when I dismounted, the other man on horseback dismounted likewise, I gave him 10 s. 6 d. he demanded my watch, but I told him I never carried one, (I had one at that time, but he fought no farther for it;) they took two brace of pistol, the horse I led having a brace on him. I beg'd hard for them again, but the prisoner refus'd me with a damn: the man on foot took my other horse, and made him go over a hedge into a large, open field, then took his bridle off, turn'd him up, and flung the bridle down in the road; then he who was on foot when they first met me, mounted the horse which I rode, and they all went away together. There were saddle, bridle, and furniture, that is, housings and my whip, which I have now in my hand.
Q. Are you sure the prisoner was one of these three persons ?
Head. I am very sure he is the man that stop'd me first
John Busby . I am high constable, and live at Kingston : On the 14th of this instant there was an ostler came from Godalming in pursuit of these three men, he told me there were three highwaymen had rob'd a gentleman of ninety pounds, and another of six pounds and a watch, and he came by them a little on this side Ditton-marsh in order to get assistance and take them; accordingly I went into the town and took my gun loaded, and threw it over my shoulder; I went to one Dr. Ward and ask'd him for a horse, he lent us three, so I got assistance, and sent one man to the ferry; one of the men soon set them, saying, he saw them turn up a green lane near Kingston ; they quitted their horses, we search'd about and beat the hedges as people do for hares, so found the prisoner hid in a ditch, in a place call'd Woodstock-lane ; we brought him to Kingston to Justice Rhodes who committed him; I told him now was his time, if he would impeach it might be a means to save his life; he said, he knew nothing of it; they threw their pistols all away going up the green lane, and the people found them. Mr. Wilson's four pistols, and two of their own pocket pistols, were produced in court. The prisoner told us, he had flung the pistols away, or he would not have been taken.
Q. to Head. Are these four pistols the same that were taken from you?
N. B. The second part will be published in a few days.
HELD AT JUSTICE-HALL in the OLD-BAILEY,
On Thursday the 23d, Friday the 24th, Saturday the 25th, and Monday the 27th of May.
In the 24th Year of His MAJESTY's Reign.
BEING THE Fifth SESSIONS in the MAYORALTY of the
PART II OF NUMBER V.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1751.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Head. THEY are my Lord, here are the numbers on them as they were advertised.
When I was before Justice Rhodes I was admitted to be an evidence. I wrote to the postmaster, upon which Daws was apprehended; and as for Allen I have done the same where he came from; and therefore I thought to have had some chance for my life.
Q. to Busby. Was he admitted an evidence by the Justice?
Busby. He said there he knew nothing of it. I said to him, it is not too late now, but he would not confess any thing. After his mittimus was made he desired to be heard, but he was not admitted an evidence.
386. (M.) Francis Croffs , was indicted for stealing one bolster, two linen sheets, two blankets, one bed quilt, two copper pots, three brass candlesticks, the goods of Jane Brimley , widow ; two razors, one perriwig , the goods of Joseph Croft , May 12 . * Guilty .
Charles Wittingham. I am a poulterer , and the prisoner was my servant . I live in Thieving-lane, Westminster . On the 14th of May, my wife and I went to Clare-market to see my brother and sister; before I went out I had taken four guineas and put them along with some more in a bag, in my drawer in the kitchen, I told the whole, which was twelve moidores, three 36 s. pieces, and seven guineas. We came home at about eleven o'clock at night. I was taken ill coming home, so went to bed directly. I got up next morning to go to market, I went to the drawer and it was open, the money and bag were gone.
Q. Was the drawer lock'd when you left it before?
Wittingham. I cannot say whether it was or not: The prisoner being missing I went to his wife that morning and ask'd where he was, but she did not know. I found him in St. James's-market on a horse he had bought that morning; I took him off the horse, he fell down and lay some time, but would not speak; I search'd him there and found ten moidores, one 36 s. piece, five guineas, seven shillings, and a penny; I took him home, then before Justice Lediard, he confess'd there he took the money out of a drawer of mine.
I am a young man that has had a great deal of trouble with a young woman which I lately married, she was brought to bed about six months ago; I had no money to support her and my brains were turned, and between whiles I am not in my senses.
Make up the inclosed the sum mentioned in the paper, and send immediately and take up the draft.
Inclosed in it was a paper, wrote
Mess. Knight and Jackson, Lombard-street, 85 l.
When I ask'd my servant about the 50 l. note, he said, he received none; that the paper he received was open, with only the bit of paper in it wrote.
Knight and Jackson, Lombard-street. 85 l.
I found out where the porter lodged, which was in Thieving-lane, and found he was out; then I went to the house of commons, knowing he was imploy'd there, and found him; I told him, I thought he had made a mistake; he bounced much, and said, he was an honest man; said I, tell me the truth if you have done an imprudent thing. Where did you lie last night? Said he, I lodge at the Shoulder of Mutton in Thieving-lane. Said I, I have been there, and find you do not; then he said, he lay in St. Martin's-lane. Said I, are you married? he said, no, but he kept a whore there. I went there to her, she was alone, told her the affair, and that I would give her five guineas if she wanted any money in her unfortunate circumstances, if she would tell me what was done with it, &c. she declar'd her innocency. I took the prisoner to my house in order to confront my servant about the letter being open; he declared the letter was deliver'd at my house in the same condition it was to him by my hand. I had before sent my servant to stop payment, and the time he was at the Bank the bill came in, which he came and related before the prisoner; then the prisoner trembled, and said, he believ'd it might drop from the letter, and some other persons might take it up. Upon this I went to the Bank in order to see who brought the note there, and found it to be Mr. Pewterer, who is here to give evidence; he described to me two people who had been with him the night before, which was Monday, between seven and eight o'clock, the one in a white apron like a porter, the other said he was chimney sweeper; that they had bought three pair of buckles and a gold ring; I took Mr. Pewterer's servant to see if he knew the person who brought the note; he said, that was none of the man. I took the prisoner, Reed, before Justice Fielding, he was of the opinion he ought to be committed to Newgate. Coming down Southampton-street, I met a man who said, the note was found, and he could help me to the sight of the man who found it, one Limbery in Westminster, who had been all night very drunk, showing a great deal of money, and had been over the water and bought some silver buckles, and things for his wife. I took a hackney-coach to enquire where he lived, for the man could not tell the place. I first saw his wife, she was drunk at the door, and two or three chimney sweepers boys. I ask'd where her husband was, she said, he was not at home. I ran up stairs and found him a bed, his wife awaked him, and said, here is a gentleman wants to speak with you. He gave her a kick, and said, he was not afraid of any gentleman in England, he had committedJoseph Reed , and that he was an honest man. We took him and his man Monk to Justice Fielding, and examined them a-part. I ask'd Limbery what money he had in his pocket; he answer'd, a meer trifle, about ten or twelve guineas. I took out of his pocket 39 l. 11 s. 6 d. and from his coat pocket two pair of silver buckles. They were produced in court, and very large ones. He then said, he would tell the truth; and said, on Monday about four o'clock in the afternoon, he and his apprentice were going down to purchase some mackreil, his boy kick'd a paper about in the passage leading to New-palace-yard; they went and came back again, then the boy took it up fiauing it still there, and said, I believe I have found a tobacco paper here ; then he gave it to him, and he said, it was a ten pound bank note; then he went home and call'd one Hughs, who went with him into the city and exchang'd the bank note; I can't find that Hughs out; they went to Grace-church street to one Mr. Pewterer's and laid out 5 l. 3 s. in three pair of buckles and a gold ring. This, he said, was on Monday night about two hours after it was found, and that the money taken out of his pocket was the identical money he received of Mr. Pewterer's. I ask'd him what was become of the remainder of the money, to which he gave several answers; sometimes he said, it was all he received; and at other times, he did not know what was become of it.
Q. Was it not possible you might drop this note instead of sealing it up in the letter?
Taylor. I am positive I put it into the letter.
John Sirwood . I am servant to Mr. Peter Taylor : Joseph Reed brought me a letter about five o'clock in the afternoon on Monday last, it was open. Said I, how came this letter open? he said, he did not know, it was as he had it. There was in it a slip of paper, wrote Mess. Knight and Jackson, Lombard-street, 85 l. which I imagined to be what my master mean'd. I went directly to Lombard-street and took up the bill of exchange, and here is a copy of that very day's transactions now in court. I was gone to bed when my master came home, he, in looking over it, found I had made him debtor 85 l. odd money; he ask'd me the reason, I told him as before, the letter came open to me with only that slip of paper in it.
Q. Was there not a waser in the letter?
Sirwood. There had been a waser in the letter, part of which stuck to it, but it was quite open. I was before the Justice with Reed, there he did not deny my asking him, how the letter came open when I received it of him.
Q. Was there any wax upon the letter?
Sirwood. No, Sir, none at all.
Q. Did the waser appear to be moist?
Sirwood. I did not examine that.
Q. What time did he bring it to you?
Sirwood. As nigh as I can recollect, it was about five o'clock.
Q. to the prosecutor. Did you say any thing to Reed, when you ordered him to carry this letter about a bank note?
Taylor. I said, take care, there is a bank note in it.
Q. What time did he come back again to the house of commons?
Taylor. He was back again in a very little time.
Thomas Pewterer . I am a goldsmith, and live at the corner of Nag's-head-court, Grace church-street. Last Monday between seven and eight o'clock at night, the prisoner, Limbery, and another man, came to my shop and bought three pair of buckles and a gold ring, for payment he tenderd a bank note of 50 l. I ask'd the other person how he came by it; he said, he had taken it of a person that was with him ; saying, you need not question it, for he is the king's chimney sweeper. I changed it, and gave him forty seven guineas and a half, and half a crown. These are two pair of the buckles ( looking on them produced before) I sent my man to the Bank next morning with this note, the teller was busy and said, he could not change it then. After that one of the tellers sent to me to tell me, that the note was stop'd, and he would be answerable for it, so I delivered it to him.
Stephen Athel . I happen'd to go to Justice Fielding's about other business, the time the prisoners, Limbery and Monk, were there ; the Justice order'd Limbery to be searched, I saw about twenty guineas and some silver, and two
Q. to the prosecutor . Where is the bank bill?
Prosecutor. It is not here, but I have the copy of it here.
All three acquitted .
389. (M.) Michael Levi , was indicted for not having God before his eyes, nor regarding the order of nature, on Benjamin Taylor , an infant of twelve years of age and upwards , did make an assault, feloniously, wilfully, and diabolically, did carnally know, and with him, the said Benjamin, did commit and perpetrate that abominable crime of sodomy, to the great displeasure of Almighty God, &c . March 25 . *
Taylor. I shall be thirteen years old next June.
Q. Suppose you should take a false oath, what would be the consequence of it ?
Taylor. I should go to hell, and never enter into heaven.
He is sworn.
Taylor. Yes, sir.
Q. Look about and see if you can find him.
Taylor. There he stand, pointing to him.
Q. Tell my Lord what that man did to you, and when it was.
Taylor. It was before Lady-day.
Q. In the first place, where does he live? and then go on.
Taylor. He lives in Holborn , and has a stall under the Baptist's Head, an alehouse ; he lies on nights up the yard belonging to the house, he has a room there. He ask'd me to carry up his boxes, and when he had shut up his stall, and all his things carried up, he lock'd the chamber door; then he unbutton'd my breeches and threw m e down on the bed on my face, he unbutton'd his breeches and put his c - k into my backside.
Q. How long did he continue so?
Taylor. I believe a quarter of an hour.
Q. Did you call out?
Taylor. I did.
Q. Did he hurt you?
Taylor. He did, sir, and I perceived something wet.
Q. Where did you perceive that?
Taylor. It fell on my backside.
Q. Did he give you any thing?
Taylor. No, sir, he did not; this was the only time I was with him.
Q. When did you discover this?
Taylor. About a week ago.
Q. To whom?
Taylor. To one of our play fellows, whose name was Roberts; he told his father, and his father told another boy's father, and he told my father; then he enquir'd about it of me, and I told him the same I do now.
Q. Are you certain he put something into your body?
Taylor. I felt him put it into my body.
Q. Did he continue in the same stall and habitation till he was taken up?
Taylor. Yes, sir, he did.
Q. What time of the day was it?
Taylor. It was about dusk.
Q. Was it before people shut up their houses?
Taylor. It was long before that: he does not keep open stall by candle-light.
Q. Does any body lodge in that room but himself?
Taylor. No, sir.
Q. Are there no other houses very near this room ?
Taylor. There is only this public house.
Q. Had there not been a quarrel between you and the prisoner before you mentioned this?
Taylor. No, sir.
Q. Had not he charg'd you with something?
Taylor. He had charg'd me with having taken a penny from him; I bid him search me, he did, and did not find a halfpenny about me.
Q. Had you told this thing at that time?
Taylor. No, sir, I had not.
Q. How was it you did not tell this before?
Taylor. It was not me that told it first, it was one of the other boys told first.
Q. Why did you not tell it before?
Taylor. I was ashamed to tell it.
Q. Did you imagine at this time what he was doing was wrong?
Taylor. I did, sir.
Q. Have you been with him since?
Q. Did he ever ask you to go to his room after this ?
Taylor. No, sir, he never did.
Q. Did he before or after offer to give you any thing ?
Taylor. No, he did not, sir.
Q. Did he say any thing to you when you got up?
Taylor. No, he did not, I went down stairs and ran away. Once after as I went by he bid me not tell.
Q. Had you used to go to his stall after this?
Taylor. I never did, I never lik'd to go near him after that.
Q. What are you?
J. Taylor. I am a taylor, and live about forty yards from the prisoner, whom I know by sight; his lodging is backward in the Baptist-head yard, and his stall at the front of the house.
Q. How came you to the knowledge of this affair first ?
J. Taylor. It was talk'd of amongst the boys, and the father of one of them came and acquainted me with it; then I ask'd my son about it: he told me, he help'd the prisoner carry his things out of his stall into his room, which was backwards, and after that he lock'd the door, forcibly threw him on the bed, unbutton'd his breeches, and enter'd his body with his c - k into his backside. I said, don't be afraid or asham'd to tell the truth; and I apprehend he told me the very words.
Q. When did you first hear of it?
J. Taylor. I first heard of it this day se'nnight from Mr. Lambord, father to one of the other boys.
Lambord. I do, that is he in the red waistcoat; he ask'd me once, about two months ago, to carry one of his boxes up stairs; I carried it up, he lock'd the door, put the key in his pocket, laid me on the bed, and unbutton'd my - Here the court stop'd him, that fact not being laid in this indictment.
Q. Do you know young Taylor?
T. Lambord. I do, I had some discourse with him about this man, and he told me he served him so as he did me; he said, he asked him to carry his boxes up, which he did, and he follow'd him up, laid him on the bed, and unbutton'd his breeches, &c. &c. as the lad had before declared, with this addition, that he said when he got up he thought the prisoner had piss'd upon him. I have heard say he has done so to three or four besides me. I go to school with Benjamin Taylor .
Q. Do you know whether he and the prisoner know each other?
Thomas Lambord . I am father to the last witness. This affair came out last Friday, upon a falling out between Benjamin Taylor and the prisoner; then Mr. Robert's son told his father, and he ( the elder) came and told me on Saturday morning, that my son was served so. I sent for my son, and ask'd him in a cool manner, who said it was true. In what shape, said I; he gave the same account as now, and I found the boys all to keep in the same story.
Mr. Tidmarsh. I live in the neighbourhood, and have heard young Taylor before tell the same he does now: this affair broke out either on Tuesday or Wednesday last among the boys that play together. I believe he has practised this upon my son Samuel above this twelve month. He was thirteen years old the 13th of Nov. last.
Q. to Taylor the elder. Did you search your son to see if there were any marks of violence upon him?
Taylor. No, I did not.
I know nothing of it.
For the Prisoner.
Samuel Jacobs . I am a tea-broker, and steward to a club to which the prisoner belongs. I never heard but that he behaved very well, or we would not have kept him in the club; he is esteem'd a virtuous, sober young fellow.
Q. Where is your club kept?
Jacobs. At an ale-house in Duke's-place.
Q. Are you related to him?
Levi. No, sir.
Mr. Libaman. I live in Bedford-row, pass often through Holborn, and coming by the stall I know the boy, he always resorted to the hours of prayer, minded his religion, and was timorous of God. My servant was acquainted with him, and told me he was one that observed the sabbath : I never heard any harm of him, and as my servants frequent thereabouts, they would have told me if any such thing was.
For the Crown to his Character.
Mr. Tidmarsh. I never heard any ill of the prisoner till this discovery, but now I have a very bad opinion of him.
Mr. Lambord. I cannot say any thing against him, except this thing.
390. (M.) Eleanor Symons , spinster , and Mary Rily , widow , were indicted for stealing one camlet gown, two flannel petticoats, one stuff petticoat, one pair of stuff shoes, and one pair of mettal buckles , the goods of James Wilson , April 20 . * Both acquitted .
391. (M.) Patrick Reynolds was indicted for stealing one quilt for a bed, value 3 l. the property of Ruth Mumford , now wife of Thomas Coates , in the dwelling house of the said Ruth , April 24, 1750 . +
Ruth Coates . I live in Wich-street; I lost this quilt in April last was twelve month, and never heard of it till some of the prisoner's own lodgers told me that it was upon the bed he lay on. I got a warrant, and went and found it there. How he came by it I cannot tell.
Q. Where does the prisoner live?
R. Coates. He lives in Drury-lane, the corner of Russel-street.
Q. How do you know it was found upon his own bed?
R. Coates. His house-keeper, and a lodger, told me so. It was produced in court and deposed to. There were some velvet round the sides of it, seven yards, which are now cut off, I might have had eight guineas for it before it was stolen. It used to lie on a bed in my house, but it was taken away one night when I was asleep. Before the justice the prisoner said, he bought it of a pawnbroker at the bottom of Holborn; the justice gave him two hours to go to see for the pawn-broker, in which time he brought in two men for his bail, but the justice would, not take their bail, but the next day he was bailed out. The quilt is a curiosity, and was made in a nunnery.
Q. Did not you frequently declare you had reason to suspect some other people of taking it?
R. Coates. I could not tell who to suspect, I did not suspect any particular person, I have seen the prisoner in my room several times come to a lodger of mine.
I bought the quilt of a pawn-broker, and have likewise a person here in court to prove it was her property fifteen years ago, who pawn'd it in Drury-lane for a guinea, and also the people that fetch'd it from the pawnbroker's.
For the prisoner.
Catharine Scott . Mr. Reynolds keeps a Chandler's shop, he gave me 10 s. to go with a woman to get this quilt; her name is Mary Stradleham , she had pawned it to the last evidence; she said in Mr. Reynolds's shop she had a quilt to sell before four or five people.
Q. Were he and that woman acquainted ?
M. Scott. I don't know that they were. I went with the woman to the lower end of Holbourn to this shop, we took it out, she carried it to the prisoner's and sold it him.
M. Collins. I believe she was one of them.
Susannah Surges . I was married in the year 25. to Mr. Philip Baker , who kept the Horse-shoe alehouse in the Butcher-row; this quilt was his then; it was after that in my possession 11 years; I pawned it with my own hands to Mr. Johnson, at the three balls in Wych-street for a guinea, in the year 37. I never troubled myself with it, nor saw it from that time till this moment. My first husband's wife's first husband, who was a taylor, made it; when the duke of Marlborough died, he made these two figures in the middle for the duke and dutchess of Marlborough; and when the duke was buried, he had five guineas of a gentleman for it to lie over a balcony. (The Quilt was a singular laborious piece of curious workmanship.)
Q. to Prosecutrix. How long have you had this quilt in your possession?
Prosecutrix. I have had it about 10 or 12 years; I gave Mr. Johnson in Wych-street 3 guineas for it.
Mary Edwards . I was at the prosecutor's shop when this quilt was brought in; I thought it then a very fine thing; the woman with Scott asked 15 or 16 shillings for it, there was about 10 s. paid for redeeming it.
To his Character.
392. (L.) Thomas Bride was indicted for uttering as true, a false, forged, and counterfeit will, purporting to be the last will and testament of Hugh Barnett a mariner , last on board his majesty's ship the Ludlow Castle, with intent to defraud , Feb. 27. 1749 ++
The witnesses were examined separate.
John Redman . I am clerk to the Ticket-Office. He produces the book of the Ludlow Castle man of war, and reads in it, Hugh Barnett , able seaman, Oct. 1. 47. then he entered, he died Mar. 29. 48. due to him about 7 l. 0 s. 8 d
Redman. There was one Henry Barnett, but none other.
Q. What is become of him?
Redman. He is run away -
Jos. Hughs. I am a Proctor in Doctors Commons. I have in my hand a will which I brought from my own office; I suspected it to have been a bad one; I was not at home when it was brought. I came home and enquired what business was done. My clerk Edward Abrahams shewed me this amongst other business. I wrote to the navy-board, that I had a will I suspected, and desired they would send somebody to me.
Q. Did you examine it by the books?
Hughs. I did not.
It is Feb. 27. 1749.
John Downs was duly sworn. I attended to have him sworn before the surrogate John Bettesworth ; he was sworn in my fight, that he was the sole executor named in this will, then he called himself John Downes ; to the best of my memory I appointed him to come in a day or two after; he came and went down with me as far as the bottom of Bell Alley, he trembled and shook very much, and asked me, if any body had stopped it, seeming much confused ; I told him I believed not; I went to the Prerogative office at his desire, but did not get the probate. I saw him I believe the next day: then it was suspected to be a false will; he always asked me about the probate,Thomas Bride ; I know him to be the same person that went by the name of John Downes before; then I fetched a constable and had him secured; he was taken before my Lord Mayor and committed.
Q. Had he his own hair on when he came first?
Abrahams. He had, as he has now.
Q. Did you ever see him before he came to your office?
Abrahams. I don't know I ever did.
Q. Did you suspect him the first time of his coming?
Abrahams. I did not.
Q. How came you then, if you had no cause of suspicion, to know him the second time?
Abrahams. I knew him very well. The second or third time of his coming he sh ook and trembled in his shoes as it were.
Q. Had any body charg'd him then?
Abrahams. No, but then I thought it was a bad thing.
Q. Suppose you was to come into a place and be charg'd with a thing you was innocent of, would it not make you shake?
Abrahams. I believe not, sir.
Sign'd in the presence of us, where there is no stamp paper to be had.
Dated 15th of Jan. 1747.
William Hatswell . I did belong to the Ludlow-Castle, and was master of her. I cannot say I can recollect Hugh Barnett . He was show'd the will, and bid to look on his name wrote there. It is my name, but not my writing. Mr. Piggot's name is something like his writing, but I never see him write, so cannot say any thing about it ; he was captain. William Mossom 's name is not like his hand writing at all, he was boatswain of he ship, I have seen him write several times.
Hatswell. I have heard of that name, but amongst such a number of men I cannot recollect him; but I don't remember I sign'd a will of this kind in my life.
I am innocent of it. I never knew any thing of it. He wants to swear away my life, nothing else.
For the prisoner.
John Peterson . I live at the Scepter and Crown in East-Smithfield, and have been there about ten or eleven months. I had been in Portsmouth from the 15th or 16th of January, 1749, and staid there till the 10th or 11th of March following, then I came to London again. The time I was at Portsmouth, the prisoner at the bar lodged at Mrs. Comings's house in Gosport-point, I lodged there also. I saw him every day there till I came away, and then I left him there, he was the last man I took my leave of. He used then to wear a dark brown coat, and a short brown wig, now I see he wears his own hair.
Q. What are you?
Peterson. I am a seaman. I was on board the Winchester, commanded by Captain Chapman; also on board the Severn, a West-Indiaman.
Q. When did she return?
Peterson. I cannot justly tell. The captain left me on shoar in the East-Indies, so I came passenger to Lisbon in a Portugal Indiaman.
Q. How are you imployed now?
Peterson. Sometimes I work on board a ship to load, or rig, or haul a ship out of the dock, &c.
Q. Is Mr. Comings living?
Peterson. I cannot tell.
Peterson. I spent my money as fast as I could. I did not work there at all. When I spent my money I came to London.
Q. How have you lived since?
Peterson. I work for one shilling and sixpence per day, victuals and drink.
Q. What is the prisoner?
Peterson. He is a cabinet maker, he used to wear an apron. I think he work'd at Portsmouth.
Q. Did you ever see him at work ?
Peterson. No, I never did.
Q. What countryman do you take him to be?
Peterson. He is an Irishman, so am I.
Q. How came you to be sure of the day you went to Portsmouth and your return?
Peterson. I had a memorandum to Mrs. Comings's house in my pocket-book, and what I was to pay her per week.
Q. Where is that book?
Peterson. I have lost it.
Peterson. He is a waterman, I have gone over from Portsmouth to Gosport with him.
Q. Did you ever see him at Mrs. Comings's house?
Peterson. I cannot recollect I ever did.
William Richardson . I live in Castle-street, St. Martin's-lane, I rent a room there. January was twelvemonth I lived with my master at Lambeth, in the latter end of that month, the 27th or 28th, I went down to Portsmouth to work, and continued there till the beginning of April, and since that lodged at one Mr. Wood's a boatman, he lets out boats. I ply'd on the water from Gosport to Portsmouth, I knew the prisoner at that time. The first time I saw him was about the 16th or 17th of Feb. I was at work on the point and he came down to the water side, I had a fare over, then I said to him, how do you do Mr. Bride? I had seen him in London some time before, and carried him by water here. I saw him every day till the 25th of February, and that day I saw him on the point. That day I had an accident happened in carrying a man over to portsmouth, by oversetting my boat, between four and five in the afternoon, by which I was like to lose my life: the next day I saw the prisoner there, and told him what had happen'd to me. He said he lodg'd at one Mrs. Comings's, who keeps a brandy-shop, I have drank with him there, saw him I believe every day, and sometimes two or three times a day.
Q. How long have you known the prisoner?
Richardson. I have known him almost three years, I first came acquainted with him in the year 1748; he is a cabinet-maker, and I have heard him say he had been at sea.
Q. Where did he live when you first knew him?
Richardson. At London, but in what part I cannot tell. I have carried him by water here several times.
Q. Did you ever see him wear soldier's cloaths?
Richardson. No, never in my life.
Q. Do you know what he went to Portsmouth for?
Richardson. To work at his own business, I suppose.
Q. How did he use to be cloathed?
Richardson. He wore an apron, and a brown bob wig.
William Evans . I live in King-street, Golden-square, and have known the prisoner about two years; he came to lodge with me the beginning of last April was twelve month, and said he came from Portsmouth ; he behaved very civilly, and never kept bad hours, or disguised himself with liquor.
Q. How long did he lodge with you ?
Evans. About two months.
Ann Miles . I live opposite the Prince of Orange's coffee-house in the Hay-market, and have known the prisoner better than a year; he was recommended to me, and I have bought goods of him, such as mahogany tea-boards. I keep a china-shop, and sell such things. I have trusted him in a room with an hundred pounds worth of China. He comes from the King's county in Ireland, from whence I came also. When I have gone to him for things I always found him at work.
James Allen again. I was on board the Ludlow-Castle, the prisoner was a marine there. The ship returned to Portsmouth harbour about the 22d of January was two years. The prisoner was then on board her, he then wore his own hair as he does now. Acq .
David Commins . I live in Charles Street, Soho Square in the house of Anthony Powel , and so does the prisoner at the bar. I lost 19 guineas and 2 half guineas the 14th of May; I missed it on the 15th out of my box in the room where I lodge; I had lent my partner (that is the prisoner, we are chairmen ) six-pence the 14th at night, he was at play at cards, and had no money he said. I went to bed between 11 and 12 o'clock, he would not go to bed. We used to go to bed by one candle; he lies in the next room to me. The 15th he went out, and did not come nigh me till evening; then he pulled out guineas and silver, and said one Forset a life-guard-man had let him have it. I examined my box, and all my money was gone; I got a warrant for him, and had him before Justice Fielding; the life-guard-man denied he gave him any money. I had a particular mark on one of the guineas, being the first I ever was master of, which I brought from Ireland with me, and had made a scratch cross the nose on it; it was amongst the rest of my money.
Q. How came you to mark that guinea, and when?
Commins. It is the first I ever had, and I gave it to a friend to keep about three years ago, and he returned it to me when I came to London.
Q. Did you bring any other with you at that time?
Commins. I brought about six with me in all.
Q. When did you come from Ireland?
Commins. Two years ago last Midsummer, Sir.
Q. Was the figure of the chair your own?
Commins. One end of the chair was the prisoner's, the other mine.
Q. Were there other people lodged in the house ?
Commins. There were, Sir.
Anthony Powel . At Michaelmas was 12 months the prosecutor and prisoner came to lodge at my house, the prisoner had 2 guineas of Commins for what they call a colt, that is, to a share the first year. The prisoner owed me some money some time; I used to teize him for it. He gave me a note of hand for 2 l. 14 s. 6 d. he had paid 15 s. of it. The fifteenth of May, he said to me, I'll lay you a pot of beer, I pay you the remainder within an hour; accordingly he came into the tap room with some money in his hand within the hour, one Forset a life-guard-man was with him; said the prisoner you shall not dun me, where is the note? he pulled out a good many guineas, saying, this Mr. Forset would lend him money enough. The life-guard-man passed it on, for my part, I thought he had sold the figure of his chair to him. The prisoner paid me two guineas, out of which I gave him 1 s. 6 d. here they be both, Justice Fielding seald them up; they happened not to be put amongst any other money, one of them is this marked one: the jury examine that.
Jer. Rapley. I am constable, I carried the prisoner before Justice Fielding. Upon examination he said a gentleman lent him this money (there being 16 guineas and half found upon him before the Justice) the life-guard man denied it; then the prisoner could make no defence. The prisoner said after this, he had lent him some money; the life-guard-man answered he had lent him a shilling or two. The next morning there was a receipt trumped up, as though he received it of his brother.
My witnesses know every word as well as I do. I have four witnesses that saw me get this money of my brother.
David Wallis . I live in Vere Street, Clare-Market, and keep a public house. Last Wednesday was se'nnight about one o'clock, or a little after, I paid my brother the prisoner at the bar, 20 golden guineas in my house, which I had borrowed of him; there were Charles Finch , William Battey . Thomas Wilkson, and several others by. I took a receipt of him for it; the prosecutor was always a poor man; he could not pay for his figure, without being indulged by the prisoner.
Q. to Powel. How did you know Commins paid the prisoner 2 guineas for learning to carry? &c.
Q. In what circumstances do you take the prosecutor to be in?
Powel. He is a close man, and does not let the world know what he is worth. I know he has lent six guineas at a time to a neighbour of ours. I witnessed the note.
Charles Finch . Wednesday was fortnight coming along, I went into David Wallis 's house to drink; I saw the two brothers together; I had been applied to by the prisoner to arrest his brother several times for 20 l. I used to say it is a shame for one brother to arrest another, and endeavoured to hinder that as much as I could. I am an officer of the Marshal's Court.
Thomas Dwyer . I am a labouring man; I was present at the time, the 15th of this instant, and saw David Wallis pay the prisoner 20 guineas, there were several people sitting by them. I went there accidentally through to spend a market penny; I have known the prisoner a good while, I never heard him charged with a halfpenny-worth of felony in my life.
William Battey . I called in at the hole in the wall, the 15th of this instant, about 11 or 12 o' clock, I believe it was the forenoon, I believe it might be one o'clock, I saw the prisoner come in along with a little red-faced man, demanding money of the man of the house, he refused to pay him; said he if you don't I'll arrest you. I understood by that, the other man was an officer.
Q. How did you know that?
Battey. Because he said, he'd execute the warrant upon him.
Q. Which of they two came in first?
Battey. I can't tell that, I believe they came in together.
Q. Are you sure you was there before the prisoner was?
Battey. I think I was.
Q. Was you there before the man in the red face came in?
Battey. I was. I heard the landlord say, I'll pay you, he went and fetched the money, and sat down in the box. I saw it was gold, and a pretty deal of it; as they were going away, said the man that keeps the house, I'll have a receipt.
Thomas Wilkson . I saw the prisoner at the bar, last Wednesday was sen'night just by Clare-Market ; I was walking with Mr. Battey; we called to drink at the hole in the wall, just by Clare-Market, about the middle of the day. We sat down upon the right hand ; there was a little middle sized man and the prisoner at the bar came in, and asked the man of the house for the money that was due ; the man said I have not the money for you at present. This man looked back to the other, and said, come along, I have been here three or four times, I'll come no more, I'll arrest him. The prisoner said to the red faced man, so do; I want the money to set myself in a way of business. Then he and the other went out at the door. The man of the house went to the door, and said, come back you scoundrel, I have the money in the house, I'll pay you. I saw him bring the money in gold, and put it down on the table by them; when it was paid, he demanded a note for 20 pounds or 20 guineas, I don't know which.
Thomas Forfit . I have known the prisoner three or four years; I am a soldier in the life-guards; I was with him the week before last at Mr. Powel's house; he came to me on the 15th instant about 4 o'clock, and desired me to come there that night. I went there, and one Mac. Daniels along with me; the prisoner came in after I was there; he told me he wanted me about taking up a note of hand, which Mr. Powel had of his of 2 l. 14 s. of which he said he had paid, 17 s. 6 d. saying, he only wanted me, as he could not write or read. He gave me 2 guineas; I held them in my hand; Mr. Powel would not receive it; then I put them into my right-hand pocket, in which I had two guineas and half in gold at that time. Mr. Powel said the prisoner had paid him, but 15 s. At last he took the money and discounted it at 15 s. paid before, giving him 1 s. 6 d. The prisoner said he did not want me to lend him the money, he had money enough.
See No. 349. in last paper.
Instead of the prisoner that time surrendring herself, there came another woman and answered to the name, and was acquitted. Which through her boasting of her ingenuity, was found out, and now in the midst of the trial agreed to restore the things mentioned or the value.
It appearing to be a fraud, she was acquitted .
Abraham Harding , otherwise the Watch-boy , was indicted, with two others, for stealing two frocks, three straw hats, one cloth waistcoat, one pair of cloth shoes, one beaver hat , the goods of Martin Kelley .
The two principal evidences, which were the watchmen who took the prisoner, not appearing, he was acquitted .
397. (M.) John Hunter , was indicted for receiving five tun weight of iron, value 18 l. knowing the same to be stolen , September 30, 1750 , by William Colliston , otherwise Clackston, and Edward Hillerton , tried and convicted for the same the last assizes at Maidston. ++ Acquitted .
No person appearing to give evidence, the jury brought in their verdict, she died a natural death .
Joseph Scot . I keep the Crown Inn, Holborn . I have a livery-stable, the prisoner had been an assistant to a person to whom I had let a stable to : The things mentioned were missed from out of the bar about seven o'clock in the morning, the 23d of this instant. I had a suspicion of the prisoner, my ostler told me, there was no body in the yard but him: my bar was in the kitchen, and my wife had the key of the kitchen door in her pocket, the things were taken out of the kitchen window, which I cannot take upon me to say was made fast over night, but no body could get near that till the ostler gets up to let them into the yard, by opening the gate. I got William Farrow , the constable, and took the prisoner up on Friday morning. Then the prisoner said, in my hearing, the plate was taken out at the window with a hay fork by a person, and that he was by at the time, and that he had got it. He went into the stable, brought the plate from under the manager and delivered it to the constable. It was produced in court and deposed to. The last time I saw it was the day before at dinner.
William Farrow , deposed to the account given of what happen'd after he came, with this addition : That the person who took it order'd him to sell it, and was then gone into Yorkshire; but upon this the prisoner went to a journey man shoe-maker, one Thomas Walker in Gray's-inn lane, to advise with him now to sell it, who said, it was then too late to sell it that night ; the next morning he went to him again, they drank together at the Black-horse in the lane, and staid there till the Advertiser came in; the prosecutor advertised five guineas reward; seeing it advertised one said to the other, stay here, I'll go and deliver a pair of shoes, then come again, and sell it in Rosemary lane; then he came to the prosecutor, and ask'd him, if he had not lost, &c. that he thought Walker said a great while, so he went into the prosecutor's yard and there he saw him.
Guilty of stealing but not in the dwelling-house .
400. (L) Samuel Lowe , was indicted for that he, on the 15th of May , about the hour of twelve in the night, the dwelling-house of Ezekiel Van Rugven did break and enter, one brass candle stick, value 1 s. 6 d. one small handbell, value 6 d. did steal .
++ Acquitted .
401. (L) Henry Byton was indicted for forging an acquittance for the payment of five guineas, to this purport, Receiv'd of Capt. Henry Byton 5 l. 5 s. for wages and all other demands, by me, August 30, 1749 , Jahn Badesta Morisca ; with intent to defraud .
F. Marisca. Jahn Badesta-Marisca is my brother; in my own country we are partners, but not here; we have been separate two years. He is shew'd the receipt, &c. This name is not my brother's hand writing, it is not at all like his.
On his cross examination he said, he did not know when he saw it last, but then he said it was not his brother's writing; it was shewed him by Mr. Long, who came of his own accord and produced it. He had known the prisoner above three years, and came mate from Naples to London; that it was the evidence's own ship; that he had arrested the prisoner for his ship; which is here; that he never sold him his ship, but put him on board only as captain of the flag, that is, to make it an English vessel, and sail under those colours, to
M. Herne. I don't think this is the writing of John Badesta Marisca , I am acquainted with his hand writing. and have seen him write often; here is a receipt which I saw him write, and here is a note of hand of his. Produc'd in court and compar'd. The prosecutor lodg'd with me in the whole a year and a half.
Q. to the Prosecutor. How do you write John in Italian?
Prosecutor. It is wrote Jahn.
Mr. Long. The first time the prisoner became known to me was on the 9th of September, 1749, when I usually saw him in some mix'd company in a tavern : about a week after that he told me he had been arrested in the borough court by one of his mariners, the prosecutor, for a debt of 25 l. for wages, tho' he owed him nothing, and that he was determined to try the suit; that one James Guy was the officer; that he had been arrested for that debt a few days before by the same officer, but had paid it, and got a discharge. I search'd to find where the suit was commenc'd, and found it was in the Marshal's court: soon after there was a Habeas Corpus brought to remove the suit to the King's bench; before bail could be put in, he was arrested for 400 l. upon bond, which he had given to Gayton as a security and a mortgage at the suit of Gayton on the 6th of October, before the term. He sent for me to advise with me what should be done, and disclos'd to me, that the ship had been forcibly taken from out of his custody by the mortgagee: a few days after, a commission of bankruptcy was taken out against him by Gayton. I petitioned for him to my lord chancellor, and it was superseded. There was a neglect to put in bail in the Martial's court, and a procedendo was issued upon that occasion; so he deliver'd to me Guy's receipt, as evidence of the payment of it, upon which I was obliged to have recourse to a bill of equity, &c.
James Guy . I arrested Capt. Byton several times, at the suit of John Badesta Marisca. He is shewed a receipt. This is all my hand writing ; that sum was paid, and I gave him that receipt on the day it bears date, Sept. 4, 1749, it is for 5 l. 9 s. which, with 6 l. 6 s. were paid before in full, from such a time to such a time. The contents mentioned here are true, as far as I know; it was for wages due at that time. It is read.
Receiv'd of Mr. Henry Byton , on the 4th of Sept. 1749, on account of John Badesta Marisca , 5 l. 9 s. which, with 6 l. 6 s. paid to the said John Badesta Marisca , is in full for all wages due from the 12th of August, 1748, to the 13th of June, 1749.
Mr. Long proceeds. The prisoner gave me instructions to file a bill under his hand where the parties lived, in order for subpoena, and likewise so much of his case as was necessary for this bill. In the paper be says, there was money due for wages, and when I came home he arrested me, and I paid him, as by the receipt by James Guy . I prepared a bill, sued out the subpoenas, and served them; he takes no notice of any receipt in full of all demands, but observes that Badesta had arrested him for 25 l. for expenses laid out for the ship; to which, says he, I never gave him orders; nor he never did, I declare, but has perjur'd himself by his affidavit. When I had drawn the bill from these instructions, I went to him, and said, if there is no other demand from this man, how came you to take this particular receipt of wages due from such a day to such a day; and likewise told him, if he should swear any other demand, then the bill in chancery would be of no use to him. He said, that that receipt was at his own desire; but, said he, I have a receipt in full besides. Then I told him, it was necessary he should bring me that, for I would not file the bill without it. He was then in prison, it being Hillary term, and the suits on the bail bond, I was forced to bring four writs of error, to prevent the ship and things being taken in execution. I believed the ship to be his own at that time, she being re-delivered by my lord chancellor's order. He was delivered out of prison by me, I think, about the latter end of Feb. and being vacation time I desired he would get me this receipt. (I had great compassion upon him at that time, believing him to be highly injured, and sent him to my house in the country for relief.) I think in the May following heJohn Badesta Marisca I knew nothing of it. Then I cast my eye on the witness's name to the receipt, saying, who is this? He answered, he is a man that lived on the other side the water. I desired him to bring him to me, but he told me he was at sea, and he could not tell where. Said I, this is another misfortune, for if this case is tried, you must prove him dead or produce him; and while I was looking at some other papers, he took this note from off my escrutore, and cut off that person's name, saying now here is no witness, here is part of the letter T lost. I reproached him much for it, and told him I never could make use of it, not being in the condition it was when I first saw it; then I had a suspicion of him, and made inquiry, as the other evidences have related.
I leave it all to my council, I have nothing to say.
James Menington . I know John Badesta Marisca , and have seen him come to the captain and ask him for money, and the captain has let him have money several times ; the ship always went by the name of Capt. Byton's ship. I have known him a little better than three years, and have such confidence in his honesty, that I could trust my life in his hands.
Mrs. Menington. I have known the captain about three years, he came to lodge at our house, and bore the character of as honest a man as any in the world; he used frequently to be paying money to this Marisca.
Susannah Farris . I have known the captain about five months; my husband was a prisoner in the king's bench with him; about the 3d or 4th of this month John Badesta Marisca came there, and asked for the prisoner's landlady. As she did not care to see him, I went to him instead of her, and he told me there, he never should have done this thing, had it not been for Mr. Long: he said also, if Capt. Byton would raise him 50 l. he would go away to France; and that the captain was a very honest man.
Q. Did he speak this in English?
S. Farris. He did, I heard it from his own mouth.
Q. to the Prosecutor. Is what this evidence relates true?
Prosecutor. I never spoke a word in English there; I talk'd to a man that was a Greek, and I talk'd in Greek; it was the 27th of April, and I have not been there since that time, neither did I say the prisoner was an honest man. I don't remember I saw this woman there; I saw two women there who said something to me, but I did not answer, neither did I say any thing about 50 l. to the Greek.
Thomas Hunt . I am servant to Mr. Mure, he lives in Pork-lane . On the 19th of April about 9 o'clock in the evening, the prisoner was in our yard; I asked him what he wanted there; he said to see a Ammab we had there, called a Racoon, I turned him out; the next morning, which was Saturday, we missed a silver candlestick; on the Monday morning following, I carried the fellow candlestic to get one made by it. The second time going to the silversmith, he told me his brother had read an Advertisement of a candlestic, which had a crest, which answered to that I lost. I went and read the paper myself, and found it the same; seeing the man described at the bottom, and where the candlestic was lodg'd, I carried the other there; it answered exactly; it was at the sign of the Wallnut-tree, in Wallnut-tree Court, without Bishopsgate; the man's name that keeps it is Watson. The prisoner was sent to the Compter. We took him before the alderman.
Q. Did you ever see the prisoner before that time you say he was in your yard?
Hunt. I never saw him in the yard before that time; he used to sit near our house to beg (he is a cripple) I have seen him at the door before, and relieved him.
Philip Harrison . On Friday the 19th of April, between nine and ten o'clock in the evening, the prisoner came along blasting his eyes and limbs, laying he would fight any coachman in the rank. He challeng'd me (I was at the corner of Walnut-tree-yard, Bishop's gate) I got down seeing him lame and desired him to go along about his business; then he swore he would fight a woman there for a pint, or half a pint of gin. As he was going over a kennel I saw this silver candlestick fall from under his left arm, I took hold on it, then he swore, he would swear a robbery against me for taking it away. I thought he could not come by such a thing honestly, so I led him into Mr. Watson's house, sent for a constable and charged him with the prisoner. I was charged to aid and assist. Under the table there he drop'd this white stone pint mug. It was produced in court.
Q. Did he say how he came by the candlestick ?
Harrison. He said, he bought it of an old cloaths woman for sixpence, which was all he had in the world.
Mr. Watson. I live in Walnut-tree-yard, Bishop's-gate street : The candlestick was deliver'd into my hands by Philip Harrison to take care of, upon suspicion of being stolen by the prisoner, who was brought into my house.
I was begging at the gentleman's gate, there was a coachman came, he and I were looking at the creature in the yard; said the coachman, you are almost drunk, I would have you get home ; so I will, said I, and went out at the door. He said, stay hopp, (I being a lame man) fetch me a pint of beer and change for sixpence; it was the coachman that drives the gentleman's sister; I fetched the beer, and went home directly. About 9 o'clock I saw an old basket woman by the church, she ask'd me to buy the candlestick; said I, what do you ask for it? said she, sixpence; I bid her a groat; she said, you are a poor man, take it for a groat, so I took it and paid her. Coming on my way I fell down in Bishop's-gate-street, said the witness, what have you got in your hand? Said I, it is a pewter candlestick; he threw me down and took it out of my hand, so I was sent to the Compter.
William Oram . The prisoner was my porter , I am a grocer and live in Cheap-side : On Saturday, the fourth of this instant May, about eleven o'clock at night, the prisoner had shut up my shop; my people below call'd him down, and desired I would search him; I laid hold of his collar, and said, Sam, are not you a sad rogue? He said, for God's sake have mercy on me, it is the first fact I ever committed. He lifted up the flap of his coat, and in his pocket was the tea: I weigh'd it, and it weigh'd one pound fifteen ounces. The other witness can give an account how he came by it.
Richard Blechyndon . I am an apprentice to Mr. Oram: On Saturday the 4th of this instant, my master desir'd I would go down below and see for some clean tea lead, and under the lead I found this parcel of tea concealed; I went up stairs, and fetch'd down the journeyman to let him see it; we both agreed to let it lie and see who would take it away, which we did after supper ; he and I watched, I saw the prisoner go down with a c andle, by which light I saw him go to the place; he came up again, and after he had shut up the shop he went down again with a candle; we look'd through the cellar window and saw him take the tea from thence; we let him come up stairs, and as he was going out of the house we stop'd him, he had it in his pocket.
Q. Did you hear him say any thing concerning this?
Blechynden. I heard him acknowledge to Mr. Oram, he would make him satisfaction, but I was sent to fetch a constable, and was not there all the time.
Q. to Mr. Oram. Did he say from whence he had taken the tea?
Mr. Oram. He pointed to a tea canister, and said, he had it there.
As I was going through St. Paul's church-yard, I met a sea-saring man, who asked me to buy some tea, saying, he wanted a little money, and
To his Character.
Mr. Turner. I have known him about five or six years, and never heard any ill of him; he lived eleven months with me as porter, and behaved very well.
Joseph Griffice . I keep a public-house in Michael's-alley, Cornhill ; the prisoner used to come to my house, we had lost a great number of things, I suspected him, and forbid him coming any more, but he would not keep away, and on the 14th of this instant May, he came in and call'd for half a pint of twopenny, and I being busy, he took an opportunity of going away with this hat. One Mr. Huggens, who is here, said to me, the man has taken your hat out of your bar: the prisoner was gone, and I went out after him but could not find him; another person ran out into Cornhill, and saw him coming out of a pewterer's shop; he brought him to my house, and I said to him, you have robb'd me of a hat, and a man here will swear it. I unbutton'd his coat. and the hat drop'd down: then I sent for a constable, and charg'd him. The hat produc'd in court, and depos'd to. We took him before the alderman, to whom he confess'd the fact, and went down on his knees to me.
Edward Huggens . On the 14th of May I was at Mr. Griffice's house, in came the prisoner at the bar and called for some twopenny; he put his hand round the bar, took this hat, and put it under his coat. While the boy was gone down into the cellar he drank up his beer, and went away; when the boy came up I told him of it.
Q. How near was you to him at that time?
Huggens. I was within three or four yards of him, sitting in a box.
Q. How long did he stay in the house?
Huggens. He did not stay five minutes there after he paid for his beer. Mr. Griffice and I went in pursuit of him, but could not meet with him; and one Joseph Limely found him and brought him in; the prisoner went down directly on his knees, when Mr. Griffice found the hat upon him.
I went out of the house and came back again, Limley ask'd me to drink a dram, and Mr. Griffice took the hat from under my coat.
Prosecutor. Limley coax'd him back by saying he'd give him a dram, &c. Guilty
405. (L) Philip Wilson and William Hawkins were indicted for stealing 50 lb wt. of hemp, value 10 l. the property of Simon Peters . It was laid a second time, to be the property of persons unknown., April 19 . ++
Mr. Brook. Capt Peter's ship was loaded with hemp, the two prisoners were in a bum-boat, crying dram about ; on the 19th of April, about 11 at night, Wilson came on board the ship, and was handing the hemp out into the boat which lay under the bow; he had handed out about 50 lb. wt. when the men got knowledge of it, and pursu'd them, one of them jump'd into the Thames and swam for his Life
Q. Where did this vessel lie?
Q. Was it above the Tower or below it?
Brook Below the Tower.
The fact appearing to have been done in Middlesex, and it not being the province of the London jury to try them, they were acquitted .
Timothy Rennve . I live in a square near Jewin-street , and am a watch-case-maker ; the prisoner lodg'd with me ten days, and her mother along with her; they absconded on the 26th of April from their lodgings.
Rennve. They both of them took the lodging together, and agreed for 1 s. 6 d. per week; the prisoner pawn'd the brass saucepan and lid, and one of the sheets, and acknowledged taking them away before the alderman.
Q. Did the saucepan belong to their lodging?
Rennve. No, I did not let them that, my lord, they borrow'd it to dress their dinner in that day.
Court. Do you say this lodging-room was let to her and her mother together?
Rennve. It was.
The Indictment mentioned for stealing out of a lodging-room let to the prisoner, and it appeared to be a lodging-room let to her and her mother, she was acquitted .
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death, 9.
Transported for 7 years, 19.
James Harding , Elizabeth Townsend , Samuel Jones , John Lee , William Stretton , Elizabeth Richardson , Henry Bellinger , Samuel Jones , John Jetson , John Johnson , Richard Beard , Alexander White , Ann Erard , Richard Walker , Henry Bagshaw , John Jones , Martha Hanford , Francis Craffts , Edward Meridith .
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