HELD AT JUSTICE-HALL in the OLD-BAILEY,
On Wednesday the 11th, Thursday the 12th, Friday the 13th, Saturday the 14th, Monday the 16th, Tuesday the 17th, and Wednesday the 18th of September.
In the 25th Year of His MAJESTY's Reign.
BEING THE Seventh 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 Lord Chief Justice WILLES,* the Honourable Baron SMITH , + 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.
To which she pleaded guilty .
The prosecutor not appearing, she was acquitted .
471. (M.) Jos. Godard was indicted for that he in his own dwelling house on Henry Symonds did make an assault, putting him in corporal fear, &c. and stealing from him, one leather girdle value one penny and 554 pieces of foreign gold coin called duckets, value 250 l. ++
The prosecutor was a Polander, and could not speak English, Henry Samuel was sworn interpreter, and spoke it in English as follows. Henry Symonds , I am a Jew from Poland; I came over with the packet, with one Higham Levi, and landed at Harwich to morrow will be 5 weeks; I am a merchant, and came to buy watches, and cloaths, and what I could get for my money. I brought 558 duckets to England all in gold, I shew'd them to my landlady, Sarah Abrahams , where I lodged a fortnight ago yesterday, and set out the day after in the morning for Bristol. I wanted to go to the synagogue there, and thought it would do me a deal of good to read there; and also to lay out some money, if I could see any thing worth while. There were then 554 duckets; I always carry my money girded about my body; I stop'd at the Red Lion at Brentford and din'd and had the money about me then. I paid my reckoning with some English coin; I staid there till about half an hour after three, then I went to Hounslow, to the Coach and Horses; I did not stay there a quarter of an hour. I got to the prisoner's house a little before seven; he lives at Cranford bridge ; I went into the sore room, no body was there, a young woman came in when I call'd for a pint of beer, a penny-worth of bread, and a penny-worth of butter; within half an hour, as I was eating it, the landlord came in; I made a bow to him, and ask'd him if he would drink, and also if he would
Q. Who was by at that time?
Symonds. There was no body by; then he went out of the room and the young woman came in and ask'd me, how much I would pay for a bed? I said, I'd pay as a merchant, a groat or six pence. Then she went away again, and another young woman came in and asked me if I was ready to go to bed? this was about eight o'clock. After that I pull'd out a book, and was reading: I had also a pen and ink, and wrote down how to call for beer, butter, &c. I went to bed a little before nine: a young woman lighted me up, and she gave me to understand by signs, I must turn the candle upside down when I was in bed. I gave her to understand I should knock with my stick when I was in bed, for her to fetch it, which I did, and she came up and fetch'd it accordingly, and lock'd the door, and went down stairs. Then I am sure I had the girdle and money about my body upon my shirt; I went to bed so. When it was almost twelve o'clock, I heard the door come open, and saw my landlord, the prisoner, come into the room with a candle in his hand alone. I started up in my bed and ask'd him in Dutch what was the matter? he answered, sleep, sleep, there were no curtains to the bed, the landlord went away, and lock'd the door. I did not move out of the bed but went to sleep, and I believe it was between three and four o'clock, some body took hold on me and put a hand to my mouth, and with his knee squeez'd me to the bed. I struggled up and there were two men, it was the prisoner that took hold on me, I could see his face by the moon light; the other person took from me my girdle and money, and went to the window and drew back the curtain, and shot the money out into his hat. I found the girdle in the room on the ground; the girdle produced in Court made of leather like a purse.
Q. Could you distinguish the prisoner's face before the curtain of the window was drawn back?
Symonds. No, I could not: he continued holding my mouth; when the other had the money in his hat, I heard him say to the prisoner, I have got the money; then he took the money from the other person, and went down stairs. I got up and opened the window, and call'd I am in distress, once or twice, &c. in the German language, this was as soon as they were out of the room: I heard them lock the door, they came in again directly upon my calling out at the window. The prisoner stood behind, the other person came, and knock'd me down; and in the mean time gave me a punch in the face; I don't know with what; then he took a knife and held to my throat, and said; bush, bush - your life : from which I understood, if I did not hold my tongue, my life was in danger. When they went down, I went to the door, to see if it was fast, and found it shut; I held my shirt up to the wound on my head; he shew'd a small scar on the top of his head: I put my cloaths on, and went to go down but did not chuse it. I watch'd at the window; when it was daylight somebody came and opened the door softly, when there was a coach call'd at the door. I went down, and the coach was gone; the landlord and two servants stood at the door; I went to him and said, you have my money, (in Dutch.)
Q. Repeat it in the same manner you did then?
Symonds. I said, you have my moone when you knock me down, you must be slung by the naik, (making signs to his neck) they laught at me; then I laid down my stick and my knapsack at the door, and went away towards London; a servant came after me, and desired me to come back ; I did, then the landlord shook his hand to me, and desired the servant to hold me fast. I was affrighted and took up my things and went away, crying. I went to the Coach and Horses, where I had quartered the week before at Hounslow, there I complained and shew'd my bloody shirt, but could not make them understand what I said, Then I went to Brentford ; there I had chang'd a ducat, and had about five shillings English money in my pocket.
Q. Did the two persons that came into your room search your breeches?
Symonds. No, they did not: when I came to London I complain'd to a merchant, Higham Levi, of whom I had be spoke watches to the value of a 100 l. I had also offer'd 40 l. for some second hand cloaths, that came from the Princess of Wales's ; I had also been looking upon some knives, and corkscrews, and was to have paid for these things, when I came back from Bristol.
Q. How came you, as you was to dispose of so
Symonds. I only bespoke these goods.
Q. Why did you not lodge it in the Bank or elsewhere ?
Symonds. I have been a merchant ten years, and have travell'd in Turkey, and other places, and never trusted my money out of my sight.
On his cross examination he said, the money was first seen in England, by a custom-house officer, who had got the girdle in which it was, to search it; who seeing it was gold coin, returned it; that he also shewed one piece at the Coach and Horses at Hounslow, and told the landlady it was worth 9 s. 6 d. a week before he was robbed, where he had lain one night; that his feet were blistered, and he returned to London again; that it was very light in the room; that he had no hurt on his head before he came there that night. When he heard the coach come, it was between five and six in the morning; that the key was the inside the door when he went to bed; that there is no synagogue at Bristol, but a room where the Jews come together; that he had not sent word before hand of his coming; that 100 ducats of this money was his own, and 350 belonged to chancellor Corroney, the governor where he lives under, and the rest to another gentleman in that dominion, named Gobernator, that he was to have bought fine second-hand suits of cloaths for the governor's lady to wear, and also to buy watches for them.
Higham Levi deposed, they landed together at Harwich ; that they first met together at Helver, and he saw the ducats when the officer wanted to examine the girdle; that he recommended him to a lodging in Duke's place, at Barnard Abrahams 's house; that he wanted to buy a repeating gold watch; he shewed him one, and asked 30 guineas for it; that after that he came and told him of the robbery about a fortnight ago.
Barnard Abrahams deposed the prosecutor came from Holland, and lodged with him; that he himself deals in old cloaths, and was to supply the prosecutor that way; that he shewed him some which were wore by the princess for which he bid him 40 l. that he directed him on his way as far as Piccadilly for Bristol; and that he return'd, and told him he had been robb'd; that when he went out his gridle was half full of gold.
Jacob Abrahams deposed, he travell'd with goods, upwards of 400 l. stock; that he has hid at the prisoner's house frequently, and was always used well; that he lay in Hounslow the night Symonds did, at the prisoner's; there he heard that an outlandish man had been robb'd, who was dressed in an odd manner, and if he had been there, he was told, perhaps, he might have understood his language, &c. and talk for him. Being asked his opinion of the prisoner, he reply'd, he was an honest man.
This man, the prosecutor, came to my house, when I was in another apartment with a gentleman drinking a bottle of wine. I went into the kitchen, and was told there was a strange man in the bar room, (he had ask'd for some bread, butter and beer, some of my people had carry'd it to him) he was eating it; I went to him, and he made a sort of a congee to me two or three times, he had a lemon lay by him, which he almost insisted upon my taking, which I did, and went out of the room into the kitchen; my man came, and said he wanted a bed; said I, you know I never make beds for foot passengers; tell him he can't lie here. A little time after this, my niece came, and desir'd I would let him have a bed; said I, take the lemon, and give it him, and say it is impossible for him to lie in my house; for I have a family coming, and the servants will take up all my beds. There was a gentlewoman there, which came with my niece, and they then both desir'd I'd let him lie there that night, which I did: the chamber-maid shew'd him up stairs, and fetch'd away his candle; the next morning he came down stairs, and said he had been robb'd. I was much surprized; he said it was by two men that came in at the window, pointing up to the window. I went up-stairs, the curtains at the window were drawn, and the windows were as clean as possible, not so much as the print of a cat's foot, and the key was on the inside the door; he threw down his belt and stick, and went about half a mile towards London; he came back; said I, are not you a scoundrel and a villain to say you have been robb'd, to bring a scandal upon my house? Go and fetch a constable, said I; then he took up his things, and went away. My cook said, I have known two or three people ruin'd by such things,
Elizabeth Perrin . I am niece to Mr. Godard, who keeps the White Hart at Cranford bridge; this day fortnight, in the evening, the Jew came in about seven o'clock; our drawer and I were in the kitchen, who went into the bar room that is near the road; our drawer went to him, and came back again, and said he ask'd for beer, bread and butter; he ask'd for some water; our drawer carried him some, and presently after that Mr. Godard came: I said, uncle, there is a very odd fort of a fellow in the fore-room, they tell me he is a Hermit ; accordingly he went in, and the man pull'd off his hat, and ask'd, in English, if he was landlord ; I said, yes; he had a lemon lay by him that he had taken out of his bag, and insisted upon Mr. Godard's having it; saying, pray, sir, have it; then he took it, turn'd round, smiled, and went out of the room. I asked him, where he intended to lie? but he gave me no answer: I ask'd him again; he said he was a Polish merchant, and dealt in diamonds, watches, and such things; then I ask'd him a third time; he said, he would lie here; I then told him we never lodg'd any foot passengers. I understood him he said he would give 6 d. but since I thought he said, be at any expence, which I mention'd to Mr. Godard ; he said, how could you ask him, knowing I never lodge such kind of people ? At that time he had shew'd me no money; I told him, here is a family coming, and a gentleman and his servants would take up all our beds. He said, he would die here, for here was his money. Then I went to Mr. Godard again, and said, suppose you was in this man's country, and to be turn'd out at such a time, you would not like it; then he said, let him lie in the dining room bed, there being no furniture on that bed. Mr. Godard went to sleep. I believe, by the kitchen fire: I told the Jew he might lie there; then I found him with a book in his hand, and folding his hands together; I thought it was a prayer book. He took out a little leather purse with clapses, in which I saw about six or seven shillings, and paid me 13 d. for his eating, drinking, and bed. I asked him if he would please to go to bed; he said, he'd speak when he had a mind to go to bed. I talked to him a good while; he asked the name of the place, and I told him; he set it down in a book; I saw he wrote backwards. He asked my uncle's name, but I could not make him understand it; then I gave him a printed bill, and after that he could say Joseph Godard as plain as I cou'd; presently he said he'd go to bed. I called the chamber maid about a quarter before nine; I never was out of the room from him: he went to bed, and the maid fetched away the candle; my uncle was never in the room but that one time with him; he produced no belt nor gold to my uncle or me; neither was my uncle in the room when he pulled out his silver. When I came down stairs between seven and eight the next morning. I heard he had been robbed; then I went up, and found there was some blood on the sheet, the bed only turned down, as is usual, when one person gets out of it, and not disturbed at all: there was one drop of blood by the window, and two or three more by the bedside; the blood looked very black, as though it had been old blood kept in a bottle two or three days.
On her cross examination she said, he shewed
Anne Smith . I am the chamber-maid; I was in the room before my master came in; the Jew asked if he was the landlord of the house; he shook hands with him, drank to him, and gave him the lemon; my master took it, turned himself about, went out of the room, and went and sat down by the kitchen fire; I lighted him up to bed, and when we were in the room, he shook hands with me, and bid me good night. I ask'd him if he would blow the candle out? he made signs that he would knock with his stick, which he did, and I went and fetched it; he was then in bed, and I pulled too the door, which is a spring lock. I cannot tell which side of the door the key was on, but in the morning it was on the inside. I heard no noise all the night, only that of the coach stopping: my young mistress was in the room with him all the time he was below, but I was in but twice, and saw no money of his, nor heard him say any thing about it.
Anne Smith . I am cook; they said there was a Hermit in the sore room; the young woman asked if her uncle would lodge him, but he said, no; I went and looked at him, and he then pull'd out a spring purse, and took out some shillings, which is all I saw.
John Price . I remember this Jew coming down stairs about seven in the morning; he said he had been robbed, saying, two men, two men, (pointing to the window.) I ask'd him, if he knew the persons? but he made me no answer: we then went up stairs, and found the curtains drawn, and the bed was no more tumbled than in common, after a single person had laid in it, and when I came down, he was gone.
Thomas Ashley . I met with this Jew near Brentford turnpike, and asked him if he would drink a pint of beer; I then took hold of his beard in a joke, and he held up his staff and struck me; a man there said, go along old Jew, or you'll have your drubbing; I ran after him, and put him in a ditch, and scratched him in the bushes; then I flung a stone, and it fell on his head, and broke it, which bled: this was three weeks ago.
Thomas Rickets . I live at the Rose and Crown a little on this side the turnpike, near Smallberry green ; I think this Jew is the man, but I can't swear it, who came there and asked for lodgings; I told him you are of the wrong country, for you shall not lodge here: this last evidence came out with some beer, and said to the Jew, will you drink? when he went to lay hold of the mug, Ashley laid hold on his beard: then the Jew shook his stick at him, and Ashley ran after him, I believe, 400 yards before he catch'd him: there were 2 gentlemen came by and said, there was a man had misus'd the poor Jew.
Wm. Taylor . I live at the inn exactly over against Mr. Godard's; I was up at two o'clock, that very morning the Jew says he was robb'd; I saw a coach come by, about half an hour after two: I gave the horses hay, and water, at the door; the clock struck three as they went away. A waggon went by much about four, I lay down on the bed, and got up again between five and six, there was no calling, had there been any I should have heard it. My Ld. Berkeley, Justice Bulstroud, Mr. Withers, Mr. March, Wm Day , Mrs. Barret, each gave the prisoner a good character. There were others to have done the same, but the Jury said it was needless.
473. Richard Gill , was indicted for stealing six dozen of lillikin pins, value three shillings; six dozen of silver stay hooks, 793 yards of tape, one gross of thread buttons, six pounds three quarters of thread, two dozen of worsted needles, thirty six yards of ferret, six pair of scarlet worsted garters, sixty yards of silk lacing, three double cotton caps, ten pair of womens cotton gloves, and other things , the goods of Soper Hayter , July 18 . ++
The prisoner was servant to the prosecutor in the capacity of a porter ; he confest taking them; some were found where he had convey'd them. He made no defence.
473, 474, 475, (M.) John Jebb , Cornelius Newhouse , and John Hunter , were indicted, for that they one weather sheep, value fifteen shillings, the property of John Mills , did kill, with intent to steal the carcass of the same .
Aug. 4 .*
John Mills . I had the sheep in my own yard. On Saturday the third of August we told out fifty four, they cost me twenty four shillings each; and I don't know that this I mist was worse than the rest. It was missed on the fifth of August . Onein the fields, joining to Kensington, and Brumpton ; we found the skin, and the guts, and some of the fat on the Sunday morning in the fields; since that I saw a line of mutton in the Gate house, Westminster, which tallied with the tail in the skin left in the field.
Peter Capman . I was constable of the night. On Saturday morning the watchman brought news they had seen three or four soldiers , with a load on their shoulders; they brought in Newhouse ; I lock'd him up in the Round house, and bid the watchmen go into Gardener's lane. I and two young men that lodged with me, went up the new street to Whitehall, and went down King-street, Westminster; there we saw Hunter, and Jebb, the last had a sack in which was the carcass of a Sheep; we took him to the watch-house and took it out; we could not tell whether it was a weather or an ewe Sheep; we took Hunter on Monday in the New-way Westminster ; on Sunday Justice Lediard sent the sheep to the prisoners at the Gatehouse, and they were all committed there.
John Wills . The three prisoners and myself went out with a bag, in order to steal some potatoes, out of the fields at Kensington; we saw some Sheep; then we concluded to have one instead of potatoes; we spread ourselves and drove them up to one corner; we catch'd a Sheep and a Lamb; we let the lamb go, and stuck the Sheep; then we took it into the next field, and skin'd it, and took out the guts, and flung the head into the hedge.
Q. To the prosecutor; where did you find the skin and guts?
Prosecutor. I found them in the next field to mine.
Evidence continues. We put the carcass into the sack, which was the very carcase the Justice ordered to the Gatehouse; we were all concerned in killing it.
Prosecutor. The Sheep I lost was very large fat sheep; the tail of it of a very large size; the loin tallied with the tail; all the bone was cut on one side; being cut with a large knife without a chopper.
The prisoners made no defence.
All three guilty, Death .
Recommended to mercy.
Henry Morgan. I live in Whitecross-street . On the 31 of July the prisoner came into my shop, under pretence to buy a pair of stockings, but bought none; I mist them as soon as he was gone out, I call'd to people to stop him; he was stopt before he got out of fight, and the 2 pair of stockings found upon him in the street. Produced in Court and depos'd to.
See No. 275 in this mayoralty.
Guilty 10 d.
478. (M) Mary Tipper , Spinster , was indicted for stealing one Crape Gown, value 7 s. one Lawn Gown , value 7 s. one pair of Stays, value 7 s. one Holland petticoat, one muslin apron , the goods of James Bellis , July 9 .*
July 13 .*
Laurence Benter is one of the people call'd Quakers, and would not swear.
Richard Cook. I live at Chelsea , at the house of Thomas Faulkner ; I miss'd these 2 coats the 11 of August, from out of a 2 pair of stairs room. I advertis'd them; the man that bought them came to me, and told me of them. The prisoner was taken up on the 14. he had lain with me 3 weeks before; he confess'd the fact and fell down on his knees.
Guilty 39 s.
Ann Tyrell June 25 .
The prosecutrix not appearing she was acquitted .
The Recognisance ordered to be estreated.
Both acquitted .
Acquitted , it appearing the deceased died of a malignant fever.
Ann Phipps . I was at the prisoner's house August the 29th, between 2 and 3 o'clock in the afternoon, the prisoner came in, and began to abuse his wife, calling her old whore, and old bitch; she said if he would not be quiet she would go out of the house; she went out, he followed her with a knife in his hand, which he held in his hand two or three minutes before she went out; the door had a hasp and staple, to put a padlock on, he hasp'd it and kept me in; he said God had been very good to him, that he had not done it before now.
Q. Did he mention what?
A. Phipps. He did not, my Lord; this was spoke after he had taken out and open'd his knife: he said he'd rip her up, as she did that fowl; she was drawing a fowl for dinner; she cry'd out, the rogue has stab'd me in the belly; and was fallen down. I shook the hasp off the staple, and got out, she never spoke more. He went into the house and sat down, she was brought in by 2 men, she gave one gasp after she was in. They strip'd her directly, there was a wound in what is call'd the Pope's eye, on the inside the sore part of her thigh, the other stab was in the arm; she had bled all through her cloaths; no doubt this wound was the cause of her death. She flung dirt or a brick bat at him, for hasping the door upon me (I believe) but it did not hit him; she said, you rogue, you want to ravish her, as you did you know who; then he ran to her and stabb'd her; she was my mother's own sister.
Anne Brooks . On the 29th of last August I was going through Brick street, in St. George's , Hanover-square , where the prisoner lived; I saw his wife run out of her house; she turn'd about, and said, she would not run, and the prisoner immediately ran after her with a naked knife in his hand; he stabb'd her in the thigh, and said, there you bitch; she dropped directly, and said, you rogue, you rogue, I am almost gone, call a constable, but I did not see the cut in the arm; I neither saw her strike him, or fling any thing at him; he returned into his own door, and said, she had got the length of it. I saw the wound after she was dead; there was a great deal of blood, and the wound was in that part of the thigh where he struck with the knife. I think that must be the cause of her death.
Elizabeth Bourne . I was coming out to go a milking; I saw the deceased run out of her own house, and the prisoner after her, with a knife in his hand; she cry'd out, murder, murder, the rogue will kill me; she then turned up to the corner of a house, and back again, and threw either a stone or a brick bat at him, but it did not hit him; she said, you rogue, do you want to serve her as you served the other? do you want to ravish her as you did you know who? you rogue, I'll stand my ground, for I'll not stir from you: then he made at her with a knife, and I thought he struck it in her belly, for she fell down, and said, the rogue has killed me, call a constable; he then pull'd the knife from out of her when she was down, and stroked her coats down; then he went by his own window, held up his knife, and said, she had the length of it; he went in at his own door, and said, he would not run away; then I went in, and saw him sitting there. She died where she lay; I saw her after she was dead, and the wound was in the thick part of her thigh, and a stab in her arm. About a week before, as I was going by, I heard him say in his own house, you bitch, this knife shall be your butcher; I know not what it was for. I live the third door from him.
Anne Hughes . I was about three yards from the prisoner when he stabbed his wife in the fore part of her thigh; he said, there you bitch; she fell. and then he pulled down her cloaths; she called out to have a constable, saying, the rogue will murder me. She died in about three minutes after he went into his house with his knife in his hand; for I saw her when she was dead, and the wound was on her left thigh.
Gideon Sort . I am a surgeon, and went two days after this, and opened that part of the thigh; I found the crural artery divided, which was the occasion of her death, for it was a momentary thing; such a wound would have killed any man or woman in five minutes time.
Prisoner. I have nothing at all to say to it.
485. (M.) John Jobbins was indicted for robbing William Shepherd on the king's highway, of one gold watch, value 6 l. one steel seal, one enamelled gold ring, one silver medal, one silk purse, one half guinea, and 15 s. in money, numbered , July 21 . +
William Shepherd . On the 21st of July, between five and six in the evening, my wife and I had been at the chapel at Highgate; we took a turn in the chariot by Hornsey, and coming home again in the back lane from Hornsey , we met three men on horseback, and the prisoner was one of them. I imagined they were drunken fellows playing tricks with one another; they were very dirty. The prisoner came up first with a pistol in his hand, saying, we are poor unfortunate fellows, your money, your money. Another man came on the other side, rapped at the glass, and said, your money, watches and rings, make no delay; I then gave him my silver, which was about 15 or 16 s. half a guinea, and a silver medal; then he said, your watch, don't trifle with us; I gave him that; then he saw a little ring on my finger, and said he must have that; I told him it was not worth taking, for it was only a burial ring; he said he must have it, and then I gave it him. The prisoner told the coachman not to look at him, telling him, if he did, he'd blow his brains out, and bid him not stir 'till he was at some distance; they then rode off through Highgate. I never saw the prisoner 'till that day, and about 11 or 12 days after I saw the prisoner before the justice: I described the men and the horses, for the prisoner rode a bay horse of no great value. I told the justice, I believ'd the prisoner to be the very man, and upon my oath I believe him to be one of them; I make no doubt of it, tho' I found none of my things upon him.
Mrs. Shepherd confirm'd the above, but would not swear to the prisoner, only said she did think he was one of the men.
For the Prisoner.
Mr. Shepherd. He had a great coat on, and pulled the pistol out from under it.
Mrs. Shepherd. He had on a large loose great coat.
Daniel Ingham . I was servant to Mr. Shepherd then. My master ordered me to alight and walk home; I was about 60 yards from them when they stopped the coach; I took great notice of them, for I saw a pistol in one of their hands, and heard the words, deliver your watch, money and rings; I can't say I ever saw the prisoner before I saw him at justice Chamberlayn's; I believe he was not one of the men, but I could swear to the two men that did the robbery. If I could see them: this was about a quarter of a mile from a farm house; I had nothing to assist my master with, and did neither assist him, or run to call any body. The man that came up second was a lusty man, in a light-coloured furtout coat, and came on my master's side; he that came up first had a great coat behind him, but not on; there was one of the men in black, who did not come up: I have seen him several times in London, I think about Leicester-fields.
David Evans . I was drinking with the prisoner the 21st of July, on a Sunday night, about five o'clock, at the King's head at Lambeth; but upon his further examination, could not tell what day of the month it was then, nor what month; neither could he tell which month was before, or after July.
John Wade , who belongs to the turnpike near Buckingham house going to Chelsea, Mr. Elkins, and Daniel Pope , deposed, that on the 21st of July, between five and six in the afternoon, the prisoner was at the turnpike on horseback, in company with another person on horseback; that a person coming with a chaise as they were paying the toll, a dispute arose, and a sort of a fray ensued on account of the chaise driving up too near them; that the prisoner rode a little dark coloured horse, had on an old red waistcoat, an old coat, ragged at the elbow ; and that he came from out of Westminster.
486, 487. (L.) Lawrence Penrice was indicted for stealing 28 yards of wollen cloth, value 8 l. 15 s. the goods of James Harding and Timothy Bridworth , privately in the warehouse , Aug. 10 . and Elizabeth Powel for receiving them knowing them to be stolen . ++
The prosecutor are packers , and the prisoner Penrice had worked in the fine drawing way with them about three weeks; after missing the cloth, they searched his lodgings, and found a piece of the pursle that was cut off the end of the cloth, which exactly tallied to the place where it was cut off at the end of a piece that Elizabeth Powell had sold with other pieces of the same colour, in Rag fair. Produced in court, &c.
Penrice guilty, but not of privately stealing out of the warehouse .
++ Guilty .
+ Guilty 4 d.
490, 491. (M.) William Eaves and Patrick Tealing were indicted, for that they, together with Daniel Steward , did steal 19 sacks of coals, value 18 s. the goods of Thomas Morgan and Joshua Twinham , and 16 bushels of coals , the goods of John White , May 18 . +
Eaves Guilty .
Tealing Acquitted .
See No. 427.
There being no proof of the identity of her person, she was acquitted .
493. (M.) Anne, wife of John Burry , was indicted, for that she, in a certain park, or open place, near the king's highway, on Martha, the wife of John Elgar , did make an assault, putting her in corporal fear and danger of her life, and taking from her 12 s. in money , the property of the said John Elgar , July 7 . +
Martha Elgar . On the 7th of July a little after nine in the evening, I went into St. James's Park, in the Birdcage walk ; under the shadow of the trees, a woman came up to me, and took me by the hand, and demanded my money, in a very rough way; I told her I had no money; she D - d her eyes, and said, I had money, and I should deliver it directly, or she would stave my brains out; she put her hand into my right hand pocket, there was no money there; then she put her hand into my bosom, and took out 12 s. I cry'd out, and a young man came up, and said, what, Staffordshire Nan! I thought you had been in Newgate. I don't know that young man, nor have ever seen him since she went from me directly. Two days after, I ask'd a woman who was selling fruit in the Broadway Westminster, if she knew one Staffordshire Nan; she told me she was then in Tothill-fields Bridewell. My husband and I went there, and told the thing, and that I could know her if I saw her. I saw 14 or 15 people, but neither of them the prisoner; then the man call'd her by name, and she came D - g her eyes very badly; said I, was not you in the Park on Sunday night? she said she was, but did not rob any body there. Said I, you rob'd me of 12 s. then she threw a pipe at me through the grates.
John Scale . I am a prisoner in Tothill-fields Bridewell, but have at times, when the governor is out of the way, the care of the prisoners. The prosecutrix came and ask'd for Staffordshire Nan; I took her down, she call'd for Staffordshire Nan; the prisoner was smoaking a pipe, amongst the rest; as soon as she appear'd, the woman tax'd her with the robbery; the prisoner us'd many bad expressions, and threw a pipe at her.
Prisoner's defence. I never saw the woman till I saw her in Bridewell; my sister sent me there for a quarrel; her commitment was read, dated July the 8th.
Guilty Death .
Samuel Gore for further examination; in which place he confessed the fact, and informed the prosecutor, that the gold was hid in one place, and the silver in another, which was found accordingly.
496, 497. (M.) William Newman , and James March , were indicted for that they, in a certain passage, or open place, near the King's high-way, on James Daniel did make an assault, &c. and steal from his person one hat, value 1 s. 6 d. one silk handkerchief, one pair of leather shoes, one pen-knife, and one shilling and sixpence in money .
Sept. 2 . ++ .
James Daniel . I am an Irishman, and live in the Borough, and am a green grocer . On the second of this month, about nine at night, I was coming home from Islington, having been with a young fellow a big piece of the way to Coventry. I had a pint of beer at the Two Brewers in Hockley in the Hole; coming away, about ten yards from the house , I was stopt.
Q. Was you alone?
Daniel. I was all alone, except my shoes tied up in a handkerchief. I saw three men standing by a lamp, two of them had hats, and one a cap: They crossed over to me: then I turned up to make water, in a yard. One of them got hold on my collar, (for they did not give me leave to button up my breeches) the other on my shoulder on the other side. I thought I saw a sword, but it was a long piece of iron. One swore he would knock my brains out if I stir'd, the other came and took off my hat, and put it on March's head; then Newman put his hand in my pocket, and took out one shilling and sixpence. March said, D - n him, he has more money; then the other took out a pen knife, and took from me my handkerchief, and shoes in it. After this they run from me, two one way, and one another; and thinking to catch one of them, I called out, stop! stop! stop! but I saw no more of them that night. I know the two prisoners were two of the men, for I saw their faces by the lamp. The Evidence and March are the two that laid hold on me. The Evidence had the one shilling and sixpence. I met with two men, to whom I related the matter, and they had like to have been taken that night. I likewise told them where I liv'd. The next day I was sent for, and went the day after that to the Horseshoe in Clerkenwell; there I saw the Evidence; then I went to the Justice's, and in going met the two prisoners coming back. I described the penknife, before I saw it, at the Justice's. [ Produced in Court, and deposed to.]
Timothy Brads . On the second of September, the two prisoner and I set out from an empty house in Black-boy-Alley, about eight o'clock at night, with a full intent to rob. I had been acquainted with March about five weeks, but not so long with Newman. We came up Saffron-hill, and seeing the prosecutor, I walked by him two or three times, and looked him full in the face. I followed him into George-yard, where he was making water, and took him by the collar; Newman had this weapon in his hand; [it was produced in court ; being a piece of iron about twenty inches long, proper to break doors open with,] and March had hold on his coat, not his collar. I took the shoes tied up in his handkerchief, and gave them to Newman; the hat March had, but I took it, and also one shilling and sixpence out of his pocket. March took the pen-knife. This is the very same knife. We were pursued, and March and Newman were taken, but they got away again, and I met March at our place of rendezvous. We went then from Black-boy-Alley to St. Giles's, and I had some victuals out of the money. Next morning we were coming up Purple-lane, and Woodward Harlow laid hold on us. I went and found Newman, after I was admitted an evidence.
Woodward Harlow. Going into Purple-lane that night, I met one Mr. Burry. I heard a man cry stop; and seeing a lad run along I laid hold of him, crying, I have got you, but he got from me; however, I got his wig, and this piece of iron. I was told at the end of the lane, that Tim the taylor was seen with two more going through such a place. I saw the prosecutor soon after, but he made a more hubble bubble story of it then, than he has now; he was in such a slutter, I could hardly understand him. He told me he lived by the King's Bench, and mentioned the things he had lost. The next day, as I was coming home to dinner, I saw Tim the taylor (that is the evidence) and March coming along, I took them, and brought them to my room. When I told them of this robbery, I took this pen-knife out of March's pocket; upon which he fell a crying, and said if I would let him go to his father, and give him that knife, his father should give me twenty guineas. Tim said, I am a neighbour's child, and,
Coming along I met Tim the taylor; he stopt me, and said what chear? I knew him by fight, and he asked me to go and drink part of a pint of beer; I reply'd, I don't care if I do. He took me up to a wall, and bid me stay there; then he brought me a hat and a knife; as soon as he had brought them, a man came and called out thief; another man laid hold of me, but I slipped from him, and he got my wig in custody.
I was with the other prisoner. We met Tim the taylor, who said he was going to his master's house, but being afraid to go in, we staid waiting about a good while; at last he came running down from George-yard, and put the hat on my head, and gave me the pen-knife, saying I might keep it, for he did not want it. Then Woodward Harlow came and laid hold of this lad, and called out stop thief; I ran, but did not know what it was for. I met Tim about an hour afterwards, he asked me to go and dine off of a shoulder of mutton and onions; I went, but the woman had none; then she put on a sauce-pan, and boiled a whole breast of mutton. She then sent out a young woman for some strong liquor, and Harlow came in, and said if I would not fit still, he would blow my brains out. He took the knife that Tim gave me directly from my pocket. I did not know he had robbed any body.
Both Guilty, Death .
Recommended to mercy.
The prosecutor not appearing, she was acquitted , and the recognizance ordered to be estreated.
499. John Jarney , otherwise Pawling , was indicted for being assembled with divers others, armed with fire arms, and other offensive weapons, in order to be aiding and assisting in landing and running uncustom goods, &c. Feb. 13, 1746 .*
He was indicted a second time, by the name of Pawling, for not surrendering himself according to the King's order in council .
The Jury found the issues for the prisoner.
He was a third time indicted, for that he, together with Samuel Eager , otherwise Heager, otherwise Old York , had rescued James Holt , an out-law'd smuggler, out of the hands of a custom-house officer , November 8, 1747 . + .
The witnesses were examined apart.
John Locket , who had lived servant with Mrs. Peirce, at Horsey, where smugglers used to frequent, (but he was clear from any imputation of smuggling) and Robert Lindow , deposed to Holt's being in company with others, to the number of twelve or fourteen, or upwards. He, and most of them, being armed with fire arms, attended a smuggling cutter at the beach near Horsey, and loaded their horses with oil-skin bags of tea, and tubs of brandy, and rode off towards Winterton, March the 11th, 1746.
Benjamin Branson . I was a riding officer in the customs in the year 47, and am now. On the 8th of November, 47, being on a Sunday, at Benacre, at church in the afternoon, there I saw James Holt (he was clerk of the parish) sitting under the desk. I had reason to know him, as he had attempted to take away my life divers times. I sat while service was over. After that I went to the clergyman, and said, I was sorry this thing happened in this place; that this man, the clerk, is charged with a crime that is felony, therefore I think it my duty to apprehend him, having observed he had been out-lawed also in the London Gazette. I took hold on him, and led him out of the Church, and warn'd 2 men, Groble and Elice to my assistance; I took him to Samuel Collington's, at the sign of the Walnut-tree at Benacre ; then I sent to Southwould for several officers to come to my assistance; the messenger met Mr. Goodwin upon the road; he had been my supervisor, he came to me; presently after inWilliam-Denny Fox *, the other I did not well know then, but I do now; the smugglers call him Blind Tom, but his name is Thomas Smith ; and they called for beer and brandy, Fox said to me, I understand you have apprehended Holt. I reply'd, I have. You shall release him then, says he; and I answer'd. I will not. It shall be worse for you, continues he, for you shall help his family; said I, let them help them, who brought him to destruction. The other person was armed with a carbine, a brace of pistols, and a hanger, who said, G - d d - n your blood, I will fire upon you, if you do not release Holt; said I, I do not fear you. I went into the house, where I had a brace of pistols, and Mr. Goodwin had two, who said he would die with me. We then stripped, and went out with our pistols cocked in our hands, in order to fire upon them, if they did not go away; but they rode off. Then I thought it advisable to get Holt farther off, so ordered my assistants to go with me to Kissingland. We went there to Charles Welch 's, at the King's Head, about five o'clock. There was with me Mr. Goodwin, Ellice Garble , and one Spencer, a butcher; by and by there came two women, and talked very boldly. I did not like Garble nor Ellice, I suspected them from what was said, so I discharged them, and took in one Bissel. We were apprehensive the smugglers were assembling at Benacre, we agreed to remove him further. I went out of Welch's house, in order to get a horse, and knowing a by-road, I thought to cheat the smugglers; but I had not been out of the house ten minutes before the gang came. I came with the horse into a narrow lane, but before I got out of it, I saw Old York, the prisoner, whom I knew before, coming up at the head of a gang of armed men. Coming to Welch's house, they were about sixty yards from the house. There was John Lead of Benacre amongst them. Old York had a fire-lock about a yard long. I saw several of them armed, if not all, to the best of my knowledge. There were about eighteen or twenty, and they rode up to Welch's door. I got into a hedge to conceal myself, and letting the horse go, he went straight home. The moon was about full, and being a light night, I saw all their behaviour. There was a single piece fired before a word was spoke, that I heard; then Old York called out, G - d d - n your soul, resign your prisoner. The gang then drew up against the house. After that they had surrounded it, Old York gave no time for me to consult my assistants, but immediately ordered the whole gang to fire; by his directions they continued firing near an hour, and they shot down 169 quarries of glass from the windows; and there happening to be four gentlemen lodged in the house that night, one of them knew Charles Gawn , called the Papist of Beccles, he called out to him, and said, The officer is gone, and we are in great danger of our lives; upon which they left off. Then they broke into a shop, (the man that keeps it is a carpenter) where they found a little iron crow, with which they broke open the house, and released him after which they shot the horses, and broke the doors to pieces.
John Leader . I was servant to Samuel Fox in 47. There was a report that Branson had got Holt in custody upon the out-lawry; upon which I was sent to Denny Fox 's house for a brass carbine, and two brass pistols, and delivered them to Denny Fox ; then he sent me back again to fetch him four horses; and Thomas Smith , Christopher Fox , and one Jefferys, with myself, he ordered to mount them. We went from Collington's house to the King's Head, and there we staid till the rest came up. There were eighteen or twenty of us in the whole, all armed. York had a brace of pistols, and a carbine; Jermey had the same. We came to Welch's about twelve at night, being bright moon light. York fired first [the rest as the former witness, with this addition.] they threatened to shoot Branson, if they could get him, and that they brought Holt to the Walnut-tree, (Collington's House) there Denny Fox commended them much for what they had done.
Samuel Collington confirm'd what had been said by Branson and Leader, concerning what had passed at the house, both before and at the return of Holt, &c. with this addition: That when they brought Holt back, Jermey was with them armed, but he did not see Old York: That John Leader and the Papist of Beccles was there; and that they were armed in particular.
I was at Hemland, which is about twenty miles off, at that time.
I was at Toperast, in bed, at that time.
James Holt . I was at Welch's house at this time, in custody of Branston. I was not taken out at the window; neither of the prisoners were there; I never saw them in my life before, 'till I came here, and the people are all dead that rescued me. I can't tell how many there were.
Fra. Doe. I know Eager, for I lived servant with him in the year 1747; in November on a Sunday night, I don't know the day of the month, but I know it was the time that Holt was rescued, I was out, but when I came home, he was in bed with his wife; we had but one pair of stairs up to bed; I knew James Holt , but never saw him at my master's house.
James Carbold . Jermey married my own sister; I have known him 14 years; I was at his house November the 8, 1747, at Topcraft. I live in Essex, 40 miles from thence; I went first to my brother John Carbold 's, at Shotsham, and he went with me to the prisoner's house. I remember this very well, for it was the first time I went to see any body after my time was out: I saw him again the next morning at nine o'clock.
Q. Had your brother any family?
Q. What is become of your brother?
Carbold. He is dead.
Q. How did he die?
Carbold. I don't know.
(See No. 49.)
Q. Did you ever see Holt at your brother's house ?
Carbold. I never saw him in my life.
Q. to Collington. How far is it from Kissingland to Topcraft?
Collington. I believe it is about twelve or fourteen miles.
Q. What is his business?
Wade. He buys horses.
Q. Did you never hear he was a smuggler?
Wade. I heard he was a smuggler before he came into Norfolk, but not since.
Q. How can you satisfy your conscience, in saying he is as honest a man as any in the county? and now you own he has bore the character of a smuggler.
Wade. I know him an honest man as far as I have had dealings with him; what I have done for him, he has paid me for, and that I call an honest man.
Q. What are you?
Wade. I am a surgeon.
Q. Where did he live when you heard he was a smuggler?
Wade. He lived then in Norwich.
Q. Don't you know Norwich is in Norfolk?
Wade. Yes, it is, my lord.
Q. Did you never hear that he was a reputed smuggler?
Durant. Yes, he was some years ago.
Q. How long has he been in your parts?
Durant. About four years, but I have known him but three.
Q. Did you never hear that he was a reputed smuggler?
Neave. Some years ago people did talk of such a thing; I don't call him a smuggler now.
Both Guilty .
++ Guilty .
500. (L.) David Brown , was indicted, for that he in a certain open place, near the King's high-way, on Daniel Bright did make an assault, putting him in corporal fear, &c. and taking from him 3 s. in money number'd , April 25 . ++
Daniel Bright . On the 25th of April last, about 12 at night, I was returning home from White-chappel, I had got about half way down Houndsditch; I saw two fellows arm in arm: I did not like the looks of them; I crost the way, they walk'd on, till I came to a place call'd Church row; I stood considering with myself, which way I should go; I went through Church row . I no sooner set my foot in there, but I heard them behind me; I went as fast as I cou'd to the door of the Bell-ale-house ; I got upon the 2d Step, one of them came and collar'd me; and clap'd a Pistol to my face: and said D - n you if you speak a word you are dead. The other unbuttoned the wasteband of my breeches,
Prisoner. He said at the Justice's he was rob'd of 5 s.
Bright. I said five or six shillings: I think still I lost five not knowing what I had in my pocket, but I swore safely to 3 s.
William Holmes . On the twenty fifth of April between 11 and 12 at night, David Brown and I were coming down Houndsditch; we went to Church row; the prosecutor cross'd over and rung at the Bell-ale-house door, we ran to him, David Brown collar'd him, and D - d him and bid him stand; and said he'd blow his brains out if he stir'd. I unbuttoned the wasteband of his breeches, and took out of his pocket 3 s. and took off his hat and wig; he desired I would not take them, saying they were very old; I put them on his head again, and went a little way off; then David Brown turn'd back, and took him round the neck and swore he'd buss him; then he went about 10 or 12 yards, and David Brown turn'd about, and held a pistol towards him, and said if he offer'd to stir, till we were out of sight, he'd blow his brains out. We went through an alley into White-chapple; I was taken by the thief catchers. I told them of this thing, and gave directions, where the prisoner was to be found, and he was taken. I had been acquainted with him but a little while.
Guilty Death .
See No. 336, 145, 146, No. 7 in the Kingston paper of April last.
501. (L.) William Henshaw , was indicted for stealing three silver tea spoons, six shirts, one pair of black breeches, and a pair of worsted stockings; the goods of Matth.ew Garmey , one pair of sheets , the property of John Wilmington , July 18 .
+ Guilty 2 s.
502, 503, 504. (L.) Martha Mills , widow Martha wife of Walter Waters , and Anne wife of John Wilson were indicted for stealing 3 pair of linen sheets, seven table cloths, two pillow bears fifteen napkins, three pillows, one bowlster, four blankets, one bed quilt, four scarlet bed curtains, one bed tick, one sconce looking glass, five door locks, one black cloth coat, one black wastecoat, twelve prints of the Judges, eighteen other prints, and other things. And a great number of law books, in the whole to the amount of 200 l. and upwards ; the goods of Edward Lloyd Esq ; July. 18 . +
Thomas Edwards . I have been butler to the society of the inward Temple upwards of thirty years. Mr. Lloyd's Chambers are, No. three, a ground floor on the left hand in Tanfield-court . I believe he has not been in town these seven years. He talk'd of selling his Chambers; a little before he went out of town. I was to get him a tenant, one Mr. Williams was the last person that wanted to see them. They were in the care of Martha Mills , who was laundress for Mr. Lloyd. I went to her on the seventeenth of July, at her lodgings in White's alley, Chancery-lane; and told her a gentleman wanted to see the Chambers. She said she was ingag'd with a friend drinking a dish of tea, but would meet me at such an hour, but disappointed me. I met her in Chancery-lane the Thursday following; and told her, she did not use the gentleman well to disappoint him; she said she would meet me in half an hour at the Chambers; I went about my business, and at the time went to the Chambers; there I found her in great disorder ringing her hands, crying saying her master was rob'd; I saw the rooms were very dirty, the bedding taken away, and the feathers scatter'd about; there lay a few feathers upon the mastress; the glasses, which were large panes of Crown-glass, to the book, case shatter'd to pieces, 10 or 12 of them; all the books taken out except a few small ones, which were at the top where the glass was whole. She said the windows were unbar'd; I look'd upon them and said they could not have been opened without hands from within, having all locks to them, being then fast lock'd. They look'd as if they had not been open'd for a twelve-month,
John Stowe . I keep a pawn-broker's shop. Martha Waters has used my shop eight or ten years. On January 7, 1745-6, she brought three red camlet curtains for nine shillings; on the 9th another; and on the 23d a whole set. On the 28th of March following she brought a quilt, and had six shillings; she also brought four prints of the judges the same day; and she went and fetched some more for three shillings. On the 30th she brought three more for two shillings. July 1, two more for one shilling and sixpence. July the 4th, she brought two more for one shilling and sixpence. January 30, 1746-7, she brought a candlestick for sixpence. July the 11th, 1747, a sconce looking-glass, with a gilt frame. The last time she was at my shop, was the 16th of July last; then she left a diaper table-cloth for one shilling and three pence. I have only two books of Anne Willson 's bringing; the first was the 28th of December for two shillings. Martha Mills brought none of those things, the daughter brought all. The glass produced in court.
Mr. Woolse. I have frequently seen that glass in Mr. Lloyd's chambers, and can swear it is his property. The laundress, Mills, owned to me before the justice's, that that was taken and pawned by her daughter, Waters, by her directions, and that it was Mr. Lloyd's glass.
Mr. Woolse depos'd, He believed in his conscience the prints are the prosecutor's, he having a great many such, &c.
[Many books produced in court.]
John Worrall . I am a bookseller, and live in Bell-yard near the Temple. I was applied to, to look after some books of Mr. Lloyd's, and to know if I had seen any books with the name Lloyd wrote. I looked over many which I had bought, and found no such name; but in one I found the reflection of a name; it was a folio book. It seemed as though the name had been wrote, and the book shut up before it was dry; (it appeared legible, by reading it as held to the light through the back of the paper; and the leaf on which it was wrote was tore out.) Mr. William Cuthbord came to me, and asked me if I would buy a parcel of good law books, saying, there is a woman in distress, whose husband belongs to the law, has some to sell, and that they are at Mr. Stowe's, near Lincoln's Inn, and I agreed to go and see them. I went and paid Mr. Stowe ten pounds for the redemption of them. I had some more afterwards, part of them are at home, and part disposed of.
[More books produced, brought by another person to Mr. Worrall.]
Q. to Mr. Woolse. Look at these, and see if Mr. Lloyd's name is his own hand-writing.
Mr. Woolse looks at several of them, and deposes it is his hand-writing.
Mr. Worrall. I bought more books afterwards of Mr. Stowe, which made the former up thirteen pounds; and Mrs. Wilson received the money of me; who said the books belong'd to her. That with the name reversed on the backside, she said was her book.
The receipt produced, and read to this purpose.
June 18, 1751.
Worrall. The body of it is my writing, and I saw her sign it. I paid her part, and Mr. Stowe part of the money, by her order.
Mr. Stowe. Here are four books I had of Waters, and there were some loose papers found in one of them, which Mr. Woolse deposed was Mr. Lloyd's hand-writing, and whose name was in each of them. Martha Waters said she did pawn the glass by her mother's directions.
[He produced a book brought by Ann Wilson , and Mr. Woolse looking upon it, deposes the name wrote is Mr. Lloyd's hand-writing. He also produced three napkins, two pillow-bears, brought by Waters, and a quilt, brought March 45-6; five table cloths, two with Ll. upon them; and a book, received of Mrs. Wilson for two shillings; and two more for nine pence. She said she brought them from a person, whose husband was dead.]
Q. Did you see the corners of many of the books tore off?
Stowe. I did.
Q. Was you never at these chambers to chuse what you liked best?
Stowe. No, I never was.
Q. Could you imagine many of these things brought could belong to these women?
Stowe. Sometimes people bring things that are not their own: it is very common so to do.
Jacob Lawrance . I am servant to Mr. Gray-goose, over against Lion's Inn. I know only Wilson, who last December brought two parcels of books. [Produced in court, some of which were huge folio's.] I have known Anne Wilson almost seven years ; her husband is a lawyer. She did not say she brought them from her husband, but from the gentleman they belong to. She has had some in and out several times.
John Croston . I am servant to Thomas Harris in Bride-lane. Martha Waters pawned divers things with me, in the name of Martha Mills , about fifteen months ago, as eight napkins, and three volumes of Kennet's History of England; and a bed tick pledged by Wilson for five shillings.
Anthony Boucher . I am servant to Mr. Singleton, the corner of Featherstone-buildings, Holbourn. Martha Waters brought books to us, less than a year ago, several times; and a large folio book; with the name Lloyd wrote in it. Produced in court.
Mr. Dickerson. I am servant to Mr. Wilson, a pawn broker near Salisbury-court. On the 26th of December last, Anne Wilson brought four books for one shilling and sixpence, and six more the 23d of April; all the ten was but for four shillings and sixpence. She came several times with several large books; but as she did not bring the person to me, to whom they belonged, I did not care to take them in, so I never saw her since. I observed they were law books.
Benjamin Brasset . In searching Martha Mills 's house, I found this hanger concealed under her bed, which she acknowledged to be her property; I also found some brass knobs and screws, which I screwed to the stove in the chamber, and they fitted exactly.
Thomas Bartholomew . I am smith to the society at the Temple. I went to put a lock upon the door, after the chambers were robbed, and observed, that neither the windows, nor lock to the outward door, were forced, or broke, but quite secure, and the things in the chambers were stoved to pieces. Whoever did it, must get in by the help of the key.
Mr. Woolse. The book-case was full of books, at the time Mr. Lloyd went out of town. The case was locked, when the glass was broke.
Mills, in her defence, said, Wilson lay with her, and took her key unknown to her.
Waters, in her defence, said, Wilson used to desire her to assist her in carrying these things to pawn, and that she took them to belong to her.
Wilson, in her defence, said, She carried them out for Mills.
There were eight persons appeared, and gave Wilson a good character.
Mills and Waters guilty .
Wilson acquitted .
August 9 . ++
508. (M.) Edward Bland was indicted, for that he on the King's high-way, on John Lane did make an assault, putting him in corporal fear, &c. one silk purse, value one penny, and one guinea, did steal, &c. Aug. 31 , ++.
John Lane. This day fortnight, near four in the afternoon, I was going into the country in my chariot; and about a quarter of a mile on this side Acton I heard a stop; and the prisoner at the bar came, directed his pistol into the chariot, and demanded my purse. After I had given him my purse and money, as mentioned in the indictment, he said to my wife, who was in the chariot with me, Madam, have you no purse, or money? or words to that purpose: she then gave him her purse, but what was in it I don't know. After that he went on, and I looked out and saw two stage-coaches immediately following us, who stopt as I did, and I saw him attack one; then he came by my chariot, and rode into the town of Action. I had a black boy with me on horseback; I ordered him to follow him through the town, and raise the town. I saw no more of him till one day this week, when I saw him in the Bail-Dock.
James Henley . I am a constable. I was sent for before the Justice to the prisoner; who there produced two purses, with a guinea in one, and some silver; [both deposed to by the prosecutor] he also produced a horse-pistol, which was delivered to
Thomas Carpenter . I was in Old Brentford this day fortnight; between four and five o'clock, people called out a highwayman; I then pursued and followed him to Smallberry Green; the people got him from his horse, and I desired them to hold his hands up; I searched him, and found in his pockets the things produced here, which I delivered to the Justice.
Robert Eaves . I was coming from Cornwall towards London on the 31st of August; the people at Isleworth called out, stop a highwayman ; I asked which was he; they then shewed me him, and told me he was in blue; I then said I would have him, and accordingly rode forward, and going very strong after him, they called out, and told me he had pistols. I said I did not value him, nor his pistols neither. I got up to him, and ask'd him if he would surrender? but he rode on; I then struck him twice with my whip; he went to shoot me with a pistol over his left shoulder; I then took him by the collar, and he fired that instant, and some of the powder blew into my face, for I was behind him. I then pulled him off, and we both fell between the horses, who ran away; I got upon his back, and pulled his hands behind him, and he called out to me not to use him ill, saying he was a dead man; this was on Smallberry green. Then a great many people came up after I had secured him, and Mr. Carpenter searched his pockets, and took out the things produced here. The things were all delivered to the Justice. He was dressed in a large blue coat, a black waistcoat, a light-coloured coat under the great coat, and his hair tied up behind. I did not pursue him above a quarter of a mile.
Q. to the prosecutor. How was the man dressed that robbed you?
Prosecutor. As the evidence has described.
I am not guilty of any thing they charge me with.
Richard Leeland . I live in King street, Bloomsbury-square; I know nothing of the fact; the prisoner was my servant when he was apprehended, and had lived with me about four years; he always behaved well. I went out of town that morning, and desired him to stay at home till I returned. I never had any reason to suspect him of such a thing.
Q. Is that pistol yours?
Leeland. I believe it is mine.
509. (L.) William Sparry and Thomas Morvil , were indicted for forging a receipt, for the sum of 18 l. 2 s. 3 d. dated July 5, 1748, signed Isaac Rayner , with intent to defraud Robert James , doctor of physick , and publishing the same as true, knowing it to be forged .
++ Guilty 10 d.
++ Guilty .
++ Acquitted .
++ Guilty 10 d.
The prosecutor's name was William, the indictment being laid wrong, the prisoner was acquitted .
515. (M.) Samuel Dod was indicted for being an accessary after a felony, for receiving six dozen of glass bottles, value 13 s. the goods of GERARD Vanhorne , for which Matthew Pen was tried at last Kingston assizes, and received judgement of transportation.
See No. 45, in the Kingston paper.
516. (M.) John Bedford was indicted, for that he, on the king's highway, on John Shepherd did make an assault, putting him in corporal fear, &c. and taking from his person one hat, value 5 s. Aug. 8 . ++
Q. Was there any lamp near?
Shepherd. There was not.
Q. Did you speak to him before he knocked you down ?
Shepherd. No, I have not spoke a word to him these four months.
Q. Had not you a quarrel with him?
Shepherd. No, my Lord, I had not.
Q. Did he speak to you before he knocked you down?
Shepherd. To the best of my knowledge, he never spoke a word.
Q. Was any body near you?
Shepherd. There was a man walked just before, and he walked Westminster way.
Q. Did you fall backwards or forwards?
Shepherd. The second time I fell with my face to the ground.
Q. What are you?
Shepherd. I am a working brazier.
Sarah Wilson . I live servant with the prosecutor, he lives in Charles Court in the Strand: my mistress and I were standing at Charing Cross, and saw my master come back; he had been towards the Horse-guards, but I don't know for what.
Q. When was this?
S. Wilson. I don't know how long it is ago, but I know it was between ten and eleven o'clock at night ; the left side of his face was cut.
Q. Was it a large wound?
S. Wilson. It was not very large.
Q. Was there any dirt on his face?
S. Wilson. No, there was not any.
Q. Did you ever take an oath before?
S. Wilson. No, I never did.
Q. What day of the week was this?
S. Wilson. I cannot tell; when he came back, he said he was robbed, and his hat taken away by one Bedford, a soldier.
Q. What is your master?
S. Wilson. He is a milkman.
Q. What was your master's business at Charing-cross at that time?
S. Wilson. My master ordered us to stay there for him.
S. Wilson. Were you in a house?
S. Wilson. No.
Q. Were there any other company there?
S. Wilson. There was another young woman standing there?
Q. Did your master bleed much?
S. Wilson. No, he did not; but probably he might bleed before he came to me.
Q. Whereabouts was the wound?
S. Wilson. It was just above his left eyebrow.
Q. Were his hands dirty?
S. Wilson. They were.
Q. Do you know what was his business that way?
S. Wilson. He had some business that way, and we went to fetch him home. my mistress said he was gone to the Cross-keys, to arrest a man that ow'd him some money. We went and found him there; but he went further afterwards and bid us stay there; saying he was going towards the Horse-guards.
Q. How long had he been gone?
S. Wilson. Not a quarter of an hour.
I had been at St. James's: coming from thence in company with Mary Wilkerson , I saw a mob of people just by the Bagnio near Charing-cross; I went over the way, to see what was the master there. I saw this Shepherd had hold on one Lightfoot, a Brother-soldier, belonging to the Foot-guards; I knowing him, ask'd him what was the matter, that that person held him, in such a manner; and added, if a man held me so, and I was in no fault, I'd kick him up and down the street. Mary Wilkerson said to me, what business have you to embroil yourself with any body's quarrels? Come along about your business; may be you'll be charg'd your self, and you know you must be upon guard to morrow. I went away along with her, till I came down
Q. To S. Wilson, was it Lightfoot your master went to arrest?
S. Wilson. It was not.
Q. Had there been any discourse between your master and Lightfoot?
S. Wilson. There had been a quarrel over the Haddock's Bagnio; betwixt my master, and another person ; I don't know who.
Q. Was it with Bedford?
S. Wilson. It was not.
For the Prisoner.
Robert Lightfoot . As I was going along near Charing-cross this time there was a woman was very troublesome to me; I desir'd her to be quiet; she still kept jawing of me; I said if she did not get out of my way, I'd kick her out; I set my foot on her backside; then Shepherd came and took me by the collar, and said, you raschal how dare you assault my wife? said I, if she is your wife, you might have kept her closer to you; then came the prisoner by, and said, what do you do here? I told him, this man, says I, has used his wife ill, and said I, she stood amongst the rest of the whores; then Bedford said, was it him, he would not be held so; the prosecutor then said, your servant, Mr. Bedford, I know you; what you want to rescue him; Bedford went away; I made a shift to tumble the prosecutor down, and my hat was off in the scuffle; as soon as I got from him, I went towards the Admiralty Coffee-house, and passed the prisoner; he called out to me, and said, Lightfoot, are you got clear of him? I told him, I had: then we went to the Butcher's arms in King-street, and drank a pint of beer; he had neither sword, bayonet, nor stick. Then I went with him into Tothill-street, then the clock struck eleven. I live in Petty-france, am a soldier in the guards, and a house-keeper.
Q. Did you see this woman, Wilson?
Lightfoot. No, I never saw her.
Q. to the Prosecutor. Did you see this soldier, Lightfoot, that night?
Prosecutor. As I was coming from Charing-cross, he laid hold on my wife in a rude manner; my wife called him names, and he kicked her.
Q. Was the skin broke on your face by Light-foot, or Bedford?
Prosecutor. It was by Bedford, Lightfoot never struck me.
Q. to Lightfoot. Did you strike him?
Lightfoot. I did not, my Lord, nor he me.
Mary Wilkerson . On the eighth of August, about half an hour after ten at night, the prisoner and I were coming by Charing-cross, where there was a great croud, and a calling out watch; the prisoner went over the way, and said, Hay, Light-foot, is it you? What do you stand there for? said he, this man holds me, and I don't know what for; and I said to Bedford, you are to be upon guard to-morrow, don't meddle in any body's quarrels, you'll get to the Savoy for missing your guard, if you do not take care. Bedford said he would not be held by him, and the like; then he went away with me. Going along, Light-foot came running along full speed, and he passed us; Bedford said, I see you are got off; yes, said he, but I had a rowl and a tumble for it. Bedford went to my house in the Ambury. I wash his shirts for him. I went with him all the way, and had hold on his arm when Lightfoot came running. I never saw him speak to any body but Lightfoot.
Q. Had Bedford any weapon?
M. Wilkerson. He had neither stick, sword, nor bayonet.
The prosecutor was ordered into custody of the keeper of Newgate for perjury.
David Bloom , was indicted for stealing thirteen jackets, value 2 l. 16 s. four cotton jackets, three pair of woollen everlasting breeches, one linen waistcoat, twenty-eight pair of worsted stockings, one pair of silk stockings, one linen apron, and one worsted cap; amounting in the whole to the value of 8 l. and upwards , the goods of Jacob Monsantoe , August 27 . ++.
Margaret Monsantoe . My husband's name is Jacob Monsantoe , who is now abroad. We live in King-street, Rotherhith , and keep a slop shop . The prisoner was a lodger at my house, who went away, betwixt the 27th and 28th of August last, leaving all his own clothes on my counter, and took with him all the things mentioned in the indictment.
Q. How do you know that?
M. Monsantoe. Because he was taken again with a cotton shirt, a pair of stockings, a cap, a waistcoat, a jacket, and a pair of everlasting breeches on, part of the goods, and the rest in a bundle. [Produced in court, and deposed to.] He also confessed it, and said he was sorry for what he had done.
George Widerman . I live by Whitechapel field gate. The prisoner came to my house on the 28th of August in the morning, and asked for some beer ; he had got a bundle with him. The people asked him many questions how he came by the things, &c. upon which he opened his bundle, and said he had the goods from on board a ship. I went for a constable, but we could not prove any thing against him, then the prisoner sold some of the things in the publick room. He was a second time taken up, and had before Sir Samuel Gore , and sent to Clerkenwell-Bridewell; and the prosecutrix having advertised the goods, we found her. [The goods produced in court, and deposed by the prosecutrix to be her husband's property.]
John Gladen . I am a victualler , and live at the Hole in the Wall, Baldwin's Gardens, near Gray's Inn Lane . On the 31st of August, between the hours of four and five in the afternoon, I lost the two plates, when the prisoner was in my house. I saw him go into the kitchen, but I did not see him come out again, being just going out with a pot of beer. This was about three minutes before they were missing. Presently after Mr. Parrot brought the plates and the prisoner back; who confessed selling a saucepan, which we lost some time before, for eight pence.
William Parrot . I am a pawnbroker. On the 31st of August, about six in the evening, the prisoner brought these two plates (producing them) to my shop, and said he wanted a shilling upon them. I asked him whose they were, he said his own; but I seeing Mr. Gladen's name wrote at length on the bottom, said, Don't you know one Mr. Gladen? he said yes; so I carried them to Mr. Gladen's, and the prisoner followed me. He was then secured, and owned the stealing of a sauce-pan, which Mr. Gladen had lost, and sold it, and said he was very sorry for what he had done.
I was in liquor, and how I came by the things, I do not know. He called no witnesses.
Guilty, 10 d.
Wellings Callcot. On the 22d of July I had been out a little way in the fields, and seeing a crowd in Upper Moor-fields , about five or six in the evening, I went to see what was the matter. I had not stood five minutes, before a person tapped me on the shoulder, and asked me if I had not lost my handkerchief? I had had it in my hand a little time before. The person, who was a stranger to me, said, he'd shew me the person who took it, and directed me to the prisoner. I took and searched him, and found my handkerchief under his arm, next to his skin. [The handkerchief produced in court, and deposed to.] He said it was the first fault he had been guilty of, and hoped I'd forgive him.
520, 521. (M.) Edward Brook , otherwise Brooks , and John Carbald , otherwise Cabbolt, otherwise Cabolt , were indicted, for that they, together with John Cunningham , and others, to the number of twenty persons, and upwards, being armed with fire arms, and other offensive weapons, were aiding and assisting in the landing, and running uncustom goods, and goods liable to pay duty, which had not been paid nor secured , Mar. 2, 1747 . ++.
Samuel Salmon . I was in company with the two prisoners, in the beginning of February, 1747, at Thwaite in Suffolk, at the house of Edward Carbald , brother to John, at the Buck's Head. We assembled there, in order to leave money in the hands of one George Potter , for a crop of goods, and Potter went to see for a man to get the goods over. The two prisoners were there then.
Q. What goods?
Salmon. Tea and brandy to be brought from Flushing. Potter was one of the head of the company.
Q. Did you leave your money?
Salmon. I left mine; I know not what the prisoners left. I was ordered to come there again in ten days time, which I did.
Q. Were the prisoners there then?
Salmon. No, they were not. At this time I was told by one of the company, a west countryman, when to come for the goods, which was February the 23d. I went on the 23d, and lay there all night; and the two prisoners came on the 24th before night. There were assembled at the Buck's Head between thirty and forty, all armed with one thing or another.
Q. Were the two prisoners armed?
Salmon, They were both armed, each of them had a carbine flung across his shoulders. We went away the 24th, in the evening. Four of our men were first ordered down to Felextow, which is about thrity miles from Thwaite, in order to wait the cutter's coming in, and to take care of the goods; the rest of us went to a place called Cleydon, within four miles of Ipswich. There we staid till the first of March; the prisoners were with us. Being out of money, I was obliged to go home for some that day, When I came to Cleydon, the company were gone back again to Thwaite, to wait there, upon which I went directly to Felixtow; and going along, I happened to overtake a man, one of the company, who was going to inform them the cutter was come in. This was on the first of March, and the goods were just then put on shore. We rode the goods up three or four fields from shore, being afraid of a custom-house smack, that had seized the cutter. We found she was seized about midnight, and we were afraid she would put her boat on shore, and find the goods. There were fifteen hundred weight of goods left on board the cutter, when she was seized, but one boat load was brought on shore the next morning. The main body of smugglers came down to us in the fields; the two prisoners were amongst them, armed, and they loaded their tea on their horses. We rode away all in a body to Claydon, sixteen miles from Felixtow, where we stopped at a publick house, on our horses, to refresh ourselves. At that time Stephen Pettit was down there, in order to make his escape over to Flushing; he was not a smuggler, but had murdered one of the bailiffs at Ipswich that very day, and was apprehended in the fields there. It snowed very hard in the morning; we were very cold, and sent him up for a bottle of gin, and he was apprehended. He rode with a carbine, and the officers knew him. I remember also Henry Trotten lost a horse, he died there that second of March. The goods were ready sacked, they were in oil skin bags.
Q. What money did you send ?
Q. How long is this ago?
Salmon. It was three years ago last March.
Q. Did you ever carry money before on such an occasion to Potter?
Salmon. Yes I have, but not since.
Q. Was it a clear day?
Salmon. We could not see a great distance at sea.
Q. Which lay nearest the shore, the cutter or the custom-house smack?
Salmon. The cutter, but she was but a very little distance from the smack.
Jonas Larrett . I remember meeting them in the year 47, at Edward Carbold 's, at the Buck's Head, brother to the prisoner, in the beginning of February, and it is three years ago as last February. Master sent me with a sum of money, his name was John Sougate . I rode for him, when he carried on that trade. I paid the money into George Potter 's hands, he was to send it over along with the other money, for a hundred and half of tea, and some brandy, from Flushing in Zealand. I asked when I must come for the goods, I was told I must come about a fortnight after, and then they could tell me; then the prisoners were there. I went the second time, and I was told to come about four or five days after. I went at the time, and staid at the Buck's Head; the night following the two prisoners came, and the rest of the gang. We went as far as Cleydon.
Q. Were the prisoners armed?
Larrett. They were, each with a brass carbine. We staid at Cleydon three or four days; there were soldiers in the country, and we thought it not safe to stay there, so some went back to Carbold's house, at the Buck's Head, and some to other places; some to the prisoner Brook's house, for he keeps a publick house, to wait the cutter's coming in. When we had an account the cutter was come in, we rode down very hard to a place called Felixtow; then the prisoners were also with us, armed. We met some persons before we came to the beach, who told us Captain Martin had seized the cutter, with some of the cargoe; the rest of the goods was secured in a field. We went there and loaded, and the prisoners had each of them a share. It was a bitter snowy day, and the prisoners had great coats on, buttoned over their carbines.
Q. What did you load with?
Larrett. Mine was tea, packed up in oil-skin bags; we having no brandy, at that time, on shore.
Q. Did you see the prisoners load their horses?
Larrett. I did both of them. Then we went in a body to Cleydon; we staid there and refreshed ourselves a little while upon our horses, and some of our company went to the sign of the Greyhound, and beat the man there, thinking he gave information concerning the cutter's coming, &c.
Q. Do you remember any one of your gang had a horse died at that time?
Q. Do you know one Sharp?
Larrett. Yes, I do.
Q. Do you remember you ever told him you did not know the prisoners at the bar?
Larrett. I remember he was very inquisitive (he is a man from Ipswich, and I never saw him before) as we were coming by sea together up to London; he asked me whether I knew the prisoners, and what was my business, &c. but I thought not proper to answer him; he then asked me, whether I knew John Baker ; I told him I did; then he asked me about fire-arms, but I suspected him, and would not say that I knew the others.
Jacob Pring . I was at Edward Carbold 's in 1747. the beginning of February, in order to send for some tea to Holland, to run it, without paying duty; I did not send for any liquor; my money was paid in Holland before; there were a great many at Carbold's then, in order to send for goods along with me.
Q. Do you know the prisoners?
Pring. I know them well; they were both there at that time, and have been there several times after this. I set out for Kent, and staid but one night, and in about a week after I met the company at Cleydon in Suffolk; this was about the 25th or 26th of February 1747; we concluded no-body should ride without arms, and the prisoners were then both armed. Carbold had a remarkable brass carbine slung under his great coat; Ned Brook had a brace of pistols, but I cannot be positive he had a carbine. I was at the Faulcon at Cleydon, and staid there till the 1st of March; then we went farther up into the country, and the greatest part of us went to Edward Carbold 's, at the Buck's head; we wereJohn Carbold was armed with a brass carbine slung under his coat. We went to Felixtow, and got there about nine o'clock the next morning, and found part of the goods carried up into a field or two from the beach; it was tea in oil-skin bags to the best of my memory, between 20 and 30 hundred weight, which was left, and the cutter was taken with the rest. When I came there, I found the man we sent over was apprehended going over, and had thrown my orders away; so I had no goods there, but staid in a friendly way to help them to load. Carbold had a hundred weight to his share: I believe Brook was there, but I can't remember to be certain. When we were landed, we returned to Cleydon, and were told the reason of losing the cutter was, that one Hallwood had been to a Justice of the peace at Ipswich, and had given an account that we were at Cleydon looking out, which was the reason the Custom-house vessel went out, which enraged us against him; he keeps the Greyhound, and some of the company went and beat him, sure enough, for it. Robert Trottman had a horse died that time at Cleydon, and Harry Trottman , his brother, rode him; I also remember one Steven Pettit was taken that very morning; if we had worked the goods safe, he was to have went to Holland, to secure himself, he having murdered a man; he was taken by the sea beach, and afterwards hang'd.
Q. How is the method of carrying a carbine slung ?
Pring. They commonly carry the butt end at their breast, but they can carry it as they please. I have known Carbold, the prisoner, to have been concerned several times since in smuggling.
Robert Trottman . I lived in Wiltshire, and was at Thwaite, at Edward Carbold 's house, the beginning of February 1747, in order to send for a crop of goods. I paid my money into the hands of one Mr. Trottman, a common brewer, at Ipswich; we did not all pay our money into the hands of one man. I staid at Thwaite about a month.
Q. Were the prisoners there?
Trottman. They were. I went down to Felixtow, in order to wait for the vessel, and staid there three or four days. I went there the 1st of March, which was the day the cutter arrived; we then carried the goods from the beach (it was all tea) into the fields, for fear of a seizure. We saw the Custom-house vessel at a distance, who took some tea as it was coming in the boat to shore. There were about four of us to assist in carrying the goods up into the fields.
Q. What time did the rest of the company arrive?
Trottman. They arrived about ten o'clock the next morning, and landed the goods on their horses, and rode away.
Q. Did the two prisoners come in the morning?
Trottman. They did, and were both armed with blunderbusses, or carbines, slung across their shoulders; I was not in the field when they carried the goods from thence, but I overtook them on the road afterwards; it was packed in sacks.
Q. What sort of sacks?
Trottman. They were made of hemp, but wider than common sacks.
Q. Which way did they go?
Q. Had you a brother there?
Trottman. I had, and his name is Harry; his horse died at Cleyton.
Trottman. No, I did not.
Q. Did you hear of a man being beat at Cleyton?
Trottman. No, I did not.
Q. Do you remember there was a man taken that morning?
Trottman. Yes, there was, for murder, but I don't know his name.
Thomas Hallwood . I know the prisoners; I was a publican at Cleydon, at the sign of the Faulcon, the 2d of March 1747, on which day I saw the prisoners; they were both armed with blunderbusses and pistols, and to the best of my knowledge there were between 30 and 40 in company; they called at the Crown, and drank there: the landlord or landlady there told them, I had made an information against them, and six or eight of them came over-against my house, some of whom came in, and knocked me down in my own house, and left me for dead. I saw the prisoners just before, over-right my door: they were not off their horses.
Q. Are you sure that the prisoners had blunderbusses?
Q. Were their horses loaded?
Hallwood. They were all loaded; but I cannot tell with what goods. I had seen them thus loaded many a time. Mr. Nodes came the next day, to see if I was dead or alive.
Q. Are you a custom-house officer?
Hallwood. No, Sir, I am not; neither was I ever amongst the smugglers in my days.
John Sougate . One Jonas Larrett lived with me in the year 47. I have been concerned in the smuggling trade. I sent Larrett down to Edward Carbold 's house with a little money, but I cannot tell justly how much, to send over to Holland, to buy some tea and brandy: he return'd, and told me he had left my money with one George Potter , and about a fortnight after he was to go again. I sent him; then he return'd, and to ld me he was to go again in two or three days.
John Nodes . I remember Pettit being apprehended at Felixtow, for killing one of the town serjeants at Ipswich. I am one of the supervisors of his Majesty's customs there. On the second of March, 47, as I returned from my survey, I saw one John Wallin , who told me he had taken Stephen Pettit . I saw him after he was committed that day; for he was taken on suspicion of being a smuggler, being armed with a blunderbuss; but when he was brought before Mr. Sparrow, he was found to be the man who murder'd Keys. At this time I was thoughtful that some goods might be brought into that country, so I went to Hallwood's, who I heard had been beaten by smugglers. I got there about nine o' clock in the morning, on the third of March, but he was not up. I saw him shortly after; his head was bound up, and he appeared as if he had been very much abused.
I was not at that place where I am charged to be, and I desire they may be all asked on their oaths again, whether I was there or not.
I leave it to the mercy of the Court. I am not guilty.
Q. to Salmon. Was Brook there at the beach?
Salmon. My Lord, he was.
Q. to Larrett. Was Brook there?
Larrett. He was; and rode a mare with white feet, and a white face, and a sort of a strawberry colour.
Tring. I saw Brook at Cleydon, but I did not see him at working the goods.
Q. to Trottman. Was Brook at the beach?
Trottman. He was.
Both Guilty , Death .
522, 523. (M.) Benjamin Smith , otherwise Grout , and Patrick Berry , were indicted for that they, together with William Pain , not yet taken, did steal two lambs, value 30 s. the goods of John Jones , July 30 . ++.
John Jones . I am a butcher , and live in Wapping . On the twelfth of July I bought fifteen lambs of Mr. Saunders in Smithfield, at fifteen shillings each; and I turn'd them down into my fields, at the bottom of Bird-street , which is about six stones cast from my house, the same day. On the next morning I went down, betwixt four and five o'clock, with one of my men, in order to direct some of them to be killed, and we found but thirteen; but as I could not see any place where they could get out, by looking round, I immediately concluded they were stole. I then called upon one John Brown, a labourer, and ordered him to go and look up and down in the little shops, to see if he could find any large lambs. After this I had word from my drover, about three in the afternoon, that he saw a man dressing two large horn lambs in the morning, about four or five o'clock, at the Queen's Head in Rag-fair, and that there was some of the meat hanging up at the front of the house to be sold. Mine being horn lambs, as described, I went to Justice Manwaring, got a search-warrant, and ordered my drover and another man to go there, and call for a mug of beer, and observe what they could. They went, and when I came, which was after them, I saw two hind quarters of ewe lamb, and one of a weather lamb, hanging at the door; I made a stop, and look'd at them. There was Patrick Berry there, who ask'd me if I would buy the quarters of lamb; I said they were very good, and ask'd if he had more of them. He took me into a back house, or shed, where I saw four quarters of lamb lying, and a hind quarter hanging upon a string in the middle of the place. I asked what I should give for them, and I think he said three pence halfpenny per pound. I said they were very good, and asked who owned them; he said, I own them, and that man, pointing to one Pain, that stood by. I said to Pain, Do you own them? he said Yes, and thatRichard Grout . The Justice examined Smith, and he denied it at first, but at last he said he'd tell the truth. He said Pain and he were down at the field - then the Justice made his Mittimus to Bridewell. We took him to my house: there he confessed he stood upon a hog tub without, and the other, Perry, went over and tied the lambs legs, and gave them over the pales; that then Pain and Perry carried them to the end of Virginia-street; there he took the lamb that Berry had, and he and Pain carried them to the Queen's Head door, and knocked up Mr. Hust, that keeps the house ; that they went backwards, and killed them in his shead, and he dressed one lamb, while they took off the skin of the other; that then Pain and Perry carried the skins out, and sold them; that they only gave him some bear; and that he did not know what they sold them for, nor where. I got up on Sunday morning, and went to the Fellmongers, and found the two skins at Mr. Browning's, in Barnaby street, Surry. On the Monday morning I went to my drover, who knows my clip, and took him to Mr. Browning's? where he saw them. There was the grasier's mark, an M, on the near hip, and my mark was a clip on the off hip, about the length of a finger. We carried these two skins to my fell-monger, to compare them with some I had sold there, and they exactly agreed. I also made a clip down the face, but the faces of both these skins were gone. I can swear they are the skins of my lambs by what I saw.
Peter Strickland . I am foreman to Mr. Browning, a fellmonger in Barnaby-street. I bought them two skins of Benjamin Smith on Saturday morning, July 13. He brought them into my master's yard, and asked if my master was at home; I said he was not, but I could buy them all the same. He asked four shillings for them, and I bid him three; then he said three shillings and sixpence, and I bought them for three shillings and two pence; but there was never a head upon thee There was a brand mark, an M, on one hip, and a little clip on the other. Mr. Jones came on the Sunday, but I was not at home; he came again on the Monday, and having left word before of his business, I had looked the skins out, which I bought of this Smith, and I found them out from two or three hundred which I had bought the same day. He said they were his, and desired I would go to his Fellmonger with him, to see them compared, which I did, and they were the same mark and the same clip.
Richard Brailey . I am drover to Mr. Jones, and drove the lambs to Mr. Jones's field the Friday before; there were 15 of them, who were all branded on the near hip with an M. and clipped on the off hip and down the face; they were all horned lambs. I was going over the water to meet a drove of lambs the same morning they were lost. I came to Mr. Hust's house, and heard a knife and steel whetting, but could not see any thing; Mr. Hust ask'd me to go for a keg of gin for him, which I did, and was gone about three quarters of an hour; then I sat down there again, and heard the knife and steel going again. and asked to go backwards to ease myself in the yard, where I saw the prisoner, Smith, cutting the skin off the head of a lamb. I looked up at the lambs, and said, they are two good lambs; he said, so they are, too good for Rag-fair. I let my master know this, so he sent Brown and I, and gave Brown three half-pence to call for a pint of beer at Mr. Hust's. Q. Did you observe the mark upon the skins then?
Brailey. No, I did not; I was with my master at Barnaby-street, at Mr. Browning's, and there we saw two skins, the same mark with those I drove into Mr. Jones's field.
Margaret Johnson . I live facing Mr. Jones's field: on the night before the lambs were stolen, I was up about eleven at night with a neighbour next door, and there came two men, whom I thought might belong to Mr. Jones; I looked at them very narrowly, and they went off from the light of the candle, my house being at the corner, they stood a little time, and leaned over the pales, looking into the fields where the lambs were, They walked from thence towards my house, and I desired my neighbour to let me have a candle to see who they were, one of whom was a poor looking man with a great coat on, and the other white frock. I said to them, who do you want and one of them ask'd, if I knew one Welch, a
Q. Were either of the prisoners the men?
M. Johnson. I don't pretend to say who they were?
Prosecutor. Smith told before the Justice what conversation passed between this woman and himself.
John Brown. The drover came to me about four o'clock the day the lambs were missing, and told me Mr. Jones had lost two lambs; there having been two lambs seen in this place on the back of Rag-fair, Mr. Jones said, go with the drover, and call for a pint of beer, which we did; I went backwards, and said to Pain who was there, here are two good lambs, I seldom see such kill'd here; says he, we have as good lambs kill'd here, as in other places; I ask'd him, if he had a partner, and he told me he had, and pointed to Smith; there were only them two there. As soon as my master came in, Pain went out and made his escape; I did not see Perry there.
John Hust . I keep a publick house in Cable-street, the prisoner Smith came to my house, and said, he had some sheep in the country ; (this is about six weeks ago) he ask'd me leave to kill them in my back place, and I gave him leave. I saw him bring in two lambs alive one morning about five o'clock, but did not observe the marks.
I was come out of the country, and wanted work; Pain and Perry told me, they could give me a day's work, and bid me come about four o'clock in the morning, saying, they had two lambs to kill ; I came and dressed them, and carried the skins, which I sold for 3 s. 2 d. I came back again, and gave Pain the money, but did not know which way they came by them.
These two men, Pain and Smith, happened to come to the door; they had a lamb and a quarter in a basket, and Pain begg'd of me to lend him my things to hang that lamb up; they gave me a pot of beer, and desir'd if any body came while he was cutting the rest up backwards, I would sell it for him; I told him, it was no trouble to me; they both said they bought them at Smithfield. Mr. Jones came and ask'd the price of the lambs, and I said they were three pence halfpenny per pound; he ask'd if there were any more, I told him there was a lamb in the yard, and he went to lock at it; said he, is it yours? I told him no, it belong'd to them two men, and they say they bought them in Smithfield, I have nothing to say to it; then Mr. Jones insisted upon taking hold on me, but they both got away; at last Smith was catch'd, and brought before the Justice. I was in bed about half an hour after nine o'clock, and did not get up till after six; I sell meat at Mr. Hust's door, and have many months.
To his Character.
Elizabeth Golby . I know Perry, he is a tenant of mine; he has liv'd under me about half a year, and I never observed but he worked hard for his bread, and behav'd well; I never heard any body challenge him with being a thief in my life; the morning these lambs were found, (being on a Saturday) I got up between six and seven o'clock to see my shop open'd; this Perry came and asked a neighbour to lend him a stick to go to Whitechapel with his tray, as usual; he used to go a peddling with meat.
James Pendegrest . I have known Perry some time; he is a butcher, and has bore a very good character ever since he came into our neighbourhood; I live in the house where he does, and the night before the lambs were found at Hust's house, I heard Perry and his wife in his own room about nine o'clock: his wife lock'd the door; my wife had been out, she call'd me to open the street door, and ask'd how it came to be fastened so soon; I let her in, and desir'd her to bolt the door after her. I went to bed a little after ten, and got up about three in the morning, and found the street door bolted; I let a man in about a quarter after five. I am a taylor, and was at work, and nobody could come in or out at the street door, but I must see them, I sat in such a position. The prisoner came to me about half an hour after six, and asked me for a stick to go to market with, and after that went out.
Robert Reynolds . I know Grout, he went by that name in the country, that is Smith; I never knew him wrong any body in the would, and I have known him upwards of 20 years; he comes from a place call'd Puckeridge in Hertfordshire.
Q. How long has he been come from thence?
Mrs. Bradshaw. He has been come from thence these four years.
Smith Guilty .
Perry Acquitted .
No evidence appearing to prosecute, the Jury found the issue for the prisoner .
And another affidavit being produced against him, he was detained.
Clayton, who was to have been tried on the same account, broke prison.
The prosecutor not appearing, he was acquitted .
++ Guilty .
Elizabeth Craven . I live in Pall-mall . I saw the goods mentioned, in the house, and missed them before nine o'clock, the 24th of July. I was told the prisoner had stolen them, and she was taken up the next morning; there was one apron found upon her, and she confessed she had the rest of the things.
The girl gave me the things to wash; I work'd in the house a great while with another woman, and her mother and she had them again.
E. Craven. No, I did not, my lord.
Elizabeth Wilson . I live in nest-street. St. Giles's in the field . I employed the prisoner to clean two rooms, a one pair and a two pair of stairs room. My money lay in the one pair of stairs, this was in August, but I don't know the day. She had done business for me two or three times before; I paid her, and she was to have come again the next day, but did not. She came to the sign of the Hampshire hog, facing St. Giles's church, about eight or nine days after, drunk, in a coach, and had bought herself new cloaths, silver buckles, and fine things, a pair of tabby stays, a fine black hat, and fine shoes: she sent for me there, and I went to her; she called for a dram, and paid me 3 s. she owed me before ; she had not silver enough about her, but pulled out half a guinea, and asked if I could change it. I took it, gave her change, and looked upon it, knowing her to be poor and miserable before. I told my money the night before I set her to clean my rooms, and remember'd one half guinea to be a Queen Anne's, and that there was a black spot on it by the side of the cross; I was struck with a damp when I looked upon the half guinea I had of her. I ran home directly, thinking she had been robbing me, when I missed my money, the drawer being open, and not a halfpenny in it: I will take my oath this half guinea is mine, producing it in court, for I never had any body went into my room but her; it was a chest of drawers, and I had the key in my pocket, and they were locked. The day I employ'd her, there were in them 20 guineas and four half guineas, pinned up in a little bag, which was to pay for my coals, and she knew that well enough.
Q. Did you use to leave your chamber door open?
E. Wilson. I never did in my life, no-body ever went into it but my little boy, my husband and myself.
Q. How old is your little boy?
E. Wilson. He is going into the fourteenth year of his age. The drawer must be broke open, for I could not lock it afterwards. My husband never had any money out without first asking me for the key, and I don't believe he has taken a shilling out of that drawer these three or four years. Upon missing my money, we sent after her, and she was taken and put into St. Giles's Round-house by the constable, the 22d of August Before we
Q. Did she own the taking the money?
E. Wilson. She did not deny it.
Q. Did you get any of the money again?
E. Wilson. No, none at all, but the 3 s. she paid me.
Q. Suppose you had seen this half guinea in the hands of any other person, should you have known it?
E. Wilson. Yes, I should.
Q. Could you have sworn to it?
E. Wilson. Yes, I could.
Q. Could you have sworn to any of the other money ?
E. Wilson. There were, I believe, two or three guineas I could swear to; besides, the prisoner never had any thing to hide her nakedness, before she robbed me.
Q. How long had you had this half guinea?
E. Wilson. I do not know that. I am no scholar.
Q. Does any other person live in your house but your husband and son?
E. Wilson. There is an old woman lives up in the garret.
Q. Had she used to go into your room?
E. Wilson. She never did.
Timothy Gearey . I was employed by Mrs. Wilson's son-in-law, Henry Flannigin . She was taken up the 22d of August, when I was at the Crown and Cannon in St. Giles's. She asked how much was the money. and, as high as I can remember, they told her it was upwards of twenty pounds ; she said she did not believe it was so much; then she wanted to get away, and said if Mr. Wilson came, she was in danger of being hanged. When Mr. Wilson came, she said she had hired herself to the man for 4 l. 10 s. per year in that publick house, and she would give him a note for it till he was paid his money; but she denied that she had it.
Henry Flannigin . I was present when the prisoner was taken at the Black Dog in White cross-Street, for stealing twenty two guineas. I said she must go home directly, so I carried her to the Crown and Cannon, and went for Mr. Wilson to come to her, and he returned with me. I heard her say, if they would go and fetch her master, (if he would give his note) she would pay 4 l. 10 s. a year, till the money is paid; his name is Radman; he keeps the Black Dog in White-cross-Street.
Q. Did she own to the taking the money?
Flannigin. She said she knew nothing of that. I was with her before the Justice, and she made the same offer there. She was a very miserable creature before, but now she was well dressed.
Elizabeth Carier . The prisoner was never in any way of business of getting her livelihood. I have seen her coming home at two or three o'clock in the morning, as I have been going to market. I have lodged in Mr. Wilson's house these six years, and know they will not let any body go into their room, not so much as to make the bed.
Q. Have you been in that room?
E. Carier. I have, with either the son or the daughter.
Q. Was you at home, when she was cleaning out the house?
E. Carier. I was.
Q. Do you live in the upper or lower part of the house ?
E. Carier. I live in the lower part.
Q. to E. Wilson. In what room were the brasses cleaned?
E. Wilson. They were cleaned in the last evidence's room; then after that they were carried up into the room.
Sarah Ribons . I cannot tell how long it is ago the prisoner asked me to drink at Mr. Gee's house, but I said I did not chuse to drink. She then asked me to do one favour for her, and that was to go up into Church-street to one O'Brian, and tell him, if any body came to ask any questions, to keep his mind to himself.
William Gee . I am constable. On the 23d of August the prisoner was in my custody, who said she would work seven years to make Mr. Wilson satisfaction for the money he had lost, and if I would go with her to her master, she would give a note for 4 l. 10 s.
Q. Did she say 4 l. 10 s. a year, till it was repaid.
Gee. No, my Lord, only for one year's wages.
Q. Who keeps the key?
Wilson. Sometimes I do, and sometimes my wife; but she had it most, and if money was to be paid, she generally went up for it.
Q. When was this money missing?
Wilson. I believe it was on the 23d of August,
Mrs. Wilson wanted me to clean her house, which I did on the third of August The first place I cleaned out was the one pair of stairs room. I made the beds, and left the door open, and window open, for the room to dry; then I went up into the two pair of stairs room, and cleaned there. Mrs. Wilson and her son was with me, for she helped me; then I cleaned all the stairs. After that she told me not to do any more that night, but come again the next morning. I went the next morning at seven, and cleaned the brass and pewter; after that she paid me one shilling and sixpence for two days.
Q. to Eliz. Wilson. Was you with the prisoner all the while?
E. Wilson. I was only absent about two minutes, to get a little sand, and left the door open; but when I came back, I locked it.
Q. Was the boy with her?
E. Wilson. He was in the room with her.
Q. Did you, when you lock'd the door, shut up the window?
E. Wilson. I did not shut that then.
Malby Braberson. On the 28th of July, walking from Charing-cross to Temple-bar, near Durham-yard , a lad came to me, and asked me if I had not lost something; I felt in my pockets, and said I had lost a handkerchief; he told me he had seen a fellow take it out of my pocket. and that he was just gone towards Charing-cross, I went back, and near the One Tun alehouse the lad shewed me the prisoner. I laid hold on him, and carried him into the Three Tun alehouse, where I searched him, and found this handkerchief in his pocket. [Produced in court, and deposed to. ] I know I had it five minutes before.
Robert Anderson . On the 28th of July, about nine at night, I saw the prosecutor at the end of St. Martin's Lane, and the prisoner follow him on to the New Buildings in the Strand: they were on that side Northumberland-house is on: I was on the other side. It was a moon light night. I saw the prisoner put his left hand into the gentleman's right hand pocket, his coat-being loose, and took something, and as he drew it out, I took it to be a handkerchief. Upon this I went to the gentleman, and asked him if he had lost any thing. The rest as the prosecutor.
I was going along the Strand, and kicked something before me; I took it up, and found it to be a handkerchief.
Guilty, 10 d.
The prosecutor not appearing, he was acquitted .
The Court ordered his recognizance to be estreated.
(M.) He was a second time indicted for that he, on the eighth of July , about the hour of two in the night, the dwelling-house of Benjamin Abrahams did break and enter, one linen shift, two linen caps, two linen aprons, one table cloth, two pair of hand vices, one pin vice, one pair of dividers, and four silver inside boxes to watches, did steal, take, &c. ++
Benjamin Abraham . I live in Lamb's Court , Clerkenwell . Betwixt the eighth and ninth of July my kitchen forewindow was broke open; the spring to the key was broke off before, so that by turning the bolt round, the key would fall out; which was the case here. All was fast over night, when I went to bed, which was betwixt nine and ten, but when I got up, which was about a quarter after four the next morning, (having heard a noise about three quarters of an hour before) I found the kitchen window open, as also the door; there was likewise a pane of glass broke before, through which hole it was easy to pass a hand to open the casement. We then missed the goods mentioned, and the linen taken from below. There was a door broke to get up stairs in the garret, which is my work-shop, from whence I missed the
James Sharwood . I am servant to the prosecutor. I was out this night, and came home about half an hour after ten, and went up to bed. I lay in the work shop, but heard nothing, till next morning Mr. Abraham came to me, and told me all was open below, and the things gone. About a week after the prisoner and the evidence were taken. The evidence told me the tools were at the pawnbroker's on Snow-hill. I went there, and they brought me a hand vice, a pin vice, and dividers down. I went back to Baily in Bridewell, he said they were all there; then I went to New Prison, and the prisoner said, I do assure you the tools are all there. I went to the pawnbroker again, then he brought me another hand vice, and a pair of old nippers. Produced in Court, and deposed to by Mr. Abraham and this evidence.
Q. Did the prisoner confess any thing?
Sharwood. He did not positively say he was along with the evidence, but he did in part. I did not ask him whether he was one or not that robbed the house.
Samuel Baily . About ten weeks ago, about half an hour after twelve at night, the prisoner and I went to Mr. Abraham's house in Lamb's Court, where we turned the pin of the window, and the key dropped out. I opened the shutter, then put my head throught the hole where a pane was out, opened the casement, and took down a pair of white curtains from that window, and handed out some knives and forks. We both got into the house, where we took a shift, two caps, two aprons, and a table cloth. Then we went up into a garret, which was a work-shop; there we took four silver watch boxes, two pair of hand vices, a pair of nippers, and a pair of dividers. We sold the four watch boxes to one Scampey, a Jew, for five shillings, and the prisoner pawned the tools at three different times upon Snow-hill, at the Three Balls, and I stood at the door each time.
Prisoner. Ask him if he did not meet me near the Fleet-market, and say, As you are cleaner than I, do you go and pawn them for me.
Baily to the Q. Yes, I did. We had got no money, and I said you may as well get some money on them, for you are cleanest.
Thomas Slater . I think the prisoner at the bar brought the tools to me, and I lent him three shillings, or three shillings and sixpence, I know not which, upon them. He had a fustian frock on, and not dressed as he is now.
Q. What name were they pawned in?
Q. Did he say that was his name?
Slater. He did, my Lord. He brought them at three several times. We had that fustian frock once pledged for sixpence.
Q. to Baily. What sort of clothes had the prisoner on when he pawned the things?
Baily. He had on a cloth coat.
The evidence Baily's brother saw him with this frock on, that was mentioned, and which I pawned for him ; but he hearing that it was advertised, and thinking to clear his brother, took him up, in order to make him an evidence against me; then he laid hold on me also. Baily said he was in the right of it, and that he would turn evidence and hang me.
Guilty of the felony, Acquitted of the burglary .
He was a second time indicted for breaking and entering the dwelling-house of Jeremiah Cleave , on the 11th of July in the night, and stealing out thence forty-two pieces of brass, for bottoms of candlesticks, value 30 s. six bodies of tea-kettles, value 18 s. five brass bottoms of warming-pans, unfinished, value 7 s. and other things , the goods of the said Jeremiah. ++
Jer. Cleave. I live in the new road leading to the New Wells, London Spaw . I went out about nine at night, on the eleventh of July, and fastened the door and windows; I returned about twelve, and found it broke. I was then a single man. Two of the window-shutters were open at the ground window, and one of the hinges was wrenched; the sash slides sideways, but I am not sure whether that was put too before I went out. I missed the goods mentioned in the indictment, and advertised them. Shortly after I was sent for to Justice Chamberlain's, for Baily's brother-in-law came and told me, he thought he could help me to my things. I went with him to Islington, to the Duke of Cumberland's Head, there Baily owned the thing very freely, and I found some of the goods; the others were brought to me by the prisoner's own brother. I asked Baily how he came to serve me so, because I knew him when he was a boy. He said he was sorry for it, and hung down his head. The prisoner directed me to Mrs. Wood's, at the corner of St. Ann's Lane, where I found some of the things. The goods produced in Court, and deposed to.
John Townsend . I was the constable. I was before Justice Chamberlain about other business, and Baily was there. The Justice bid me take charge of him, and go with him by his directions for some tea-kettles, which I found.
Samuel Baily . I do not know the time, but it was the Thursday after the other robbery. About half an hour after nine, between Codpiss-row and London Spaw, in the new road, where the prosecutor's house is, the prisoner and I found the shutters all fast, so that we could not get in; at last I stood upon the prisoner's shoulders, and put my hand through the window shutters, pulled back the bolt, and got the shutter open. There were a great many things lay in the window. We both went into the house, took the things mentioned, and hid them in a ditch in a field amongst some nettles. Some odd things we sold. My own brother took us in Fleet-street.
Guilty 39 s.
Acquitted of the burglary.
Counsel. When was you married?
Kensey. On the second of May last, and we took lodgings in about three weeks time after at Mr. Sturt's, a baker in Shoreditch.
Counsel. What is the prisoner?
C. Kensey. He is a master carpenter .
Counsel. Where does he live?
C. Kensey. He lives two doors from where I lodge.
Q. What do you charge him with?
C. Kensey. On the 18th of July last, between nine and ten at night, I was going by his door from my lodgings; my husband was gone to his work, being a journeyman baker. The prisoner shoved me into his house.
Counsel. Did he say any thing to you?
C. Kensey. He did not say any thing to me.
Counsel. Was any body by?
C. Kensey. No, there was no body there but his brother, whom he ordered to shut up the street-door and go to bed; which he did.
Q. What happened then?
C. Kensey. He blowed out the candle directly.
Q. Where was he standing when he shoved you in?
C. Kensey. He was standing in the street before his own door. The first place is a carpenter's shop, and he shoved me through that into the kitchen, keeping his hands round my waste till he had got me there. I went backwards all the way.
Q. Was the middle door shut?
C. Kensey. No, Sir, it was not.
Q. What did he do to you?
C. Kensey. He - me.
Q. Did he throw you down?
C. Kensey. No.
Counsel. What, not upon a table?
C. Kensey. No.
Counsel. Not upon a chair?
C. Kensey. No, neither of them.
Q. Did you cry out?
C. Kensey. I did not. I had no power.
Q. How long was this after you was in his room?
C. Kensey. It was about a quarter of an hour after, for he staid while his brother was got out of the way.
Q. What was he doing the time before his brother went to bed?
C. Kensey. He was standing by the dresser, where he pushed me first.
Counsel. Did he undo his breeches?
C. Kensey. He did, in about a quarter of an hour after I was in the kitchen.
Q. What did he say to you?
C. Kensey. He said he would lie with me.
Q. What did you say?
C. Kensey. I said he should not.
Q. Did you resist him?
C. Kensey. I had not strength to do any thing.
Q. Had you any marks or bruises?
C. Kensey. I had none.
Q. Was you hurt?
C. Kensey. I was not hurt at all.
Q. What time did you come away?
C. Kensey. I staid there all night, after he had laid with me.
Q. Did you go to bed with him?
C. Kensey. No, Sir, I did not.
Q. Why did not you go home sooner?
C. Kensey. I was afraid to go out, because I heard some people about the door, all night, talking, and he said I should not go whilst they staid there.
Q. Did he aim to lie with you after that?
C. Kensey. No, he did not, Sir.
Q. Did you go to sleep there?
C. Kensey. No, Sir, I did not.
Q. What time next morning did you go out?
C. Kensey. I did not go out till next morning day light; I believe it was between five and six o'clock.
C. Kensey. If they had been honest people they would have wanted to open the door.
Q. Where did you go when you went out?
C. Kensey. I went to Mrs. Hyde's, a cook-woman's shop.
Q. Did you tell her what he had done to you?
C. Kensey. I did not.
Q. How long did you stay there?
C. Kensey. I staid there three hours. Mrs. Jones, my uncle's servant, came and fetched me home. My husband sent her.
Q. Why did you chuse to go to the cook-woman's house?
C. Kensey. Because I did not like to go to Mr. Sturt's ; for he said I should not come in there. I went to Mrs. Jones's house, and there I told her the prisoner had forcibly lain with me.
Q. Did you tell her the same day?
C. Kensey. I did, Sir.
C. Kensey. Yes, I do.
Q. Was not she in this house that night?
C. Kensey. I will take my oath she was not.
C. Kensey. No, I did not.
Q. Was not you going up into the prisoner's bed-chamber, had not his brother-in-law pulled you back again?
C. Kensey. He did not make me come down, neither did I attempt to get up.
Counsel. Where did you sit down after this mighty affair was over?
C. Kensey. I sat down by the dresser in the kitchen, and continued sitting there till I went away in the morning.
Counsel. How high is the dresser?
C. Kensey. It was not very high.
Counsel. Was this mischief done as you was standing?
C. Kensey. It was.
Counsel. Do not you know, that had you made a small resistance in that position you was in, it would have been impossible for him to have committed a rape upon you?
Counsel. Is Mr. Adkins a married man?
C. Kensey. He is.
Counsel. Where was his wife at that time?
C. Kensey. She was gone into the country then.
Counsel. How do you know that?
C. Kensey. I saw her set out.
Counsel. Where was the prisoner all night?
C. Kensey. He was standing against the dresser near me.
Mrs. Jones. I live across the street from where she lodges; the day after this thing was done, the woman came to my house, after dinner her husband came to my house, and desired I would go to her at the cook's shop, and tell her there was one at my house wanted to speak to her; there I found her crying; and when she came I left her husband and her together; he was very angry with her; presently Mrs. Laurence came, then she and I went in together, she told us she was going for some vinegar, and pepper, to eat with some cucumbers, and he stood at his own door; that he clap'd his two hands upon her, and shov'd her into the kitchen, then he shov'd her up to the dresser, and ordered his brother to go to bed; then he blew the candle out, she told us no more. This I know, it is the parting her husband, and she, and will be for ever.
Mrs. Laurence. The next day I went to her, where she was at her lodgings, at Mrs. Jones's, about one o'clock; she told me between nine and ten o'clock she was going for some vinegar, and pepper, for some cucumbers, and he shov'd her in, and blow'd the candle out; she did not say a word what he did, after the candle was out; neither did I ask her.
536. (M.) John Ireland , was indicted, for that he, on the King's High-way, on Edward Brice did make an assault, putting him in corporal fear, &c. one silver watch, value 3 l. 10 s. and 4 s. in money numbered, did steal, &c.
July 2 . ++
Edward Brice . Going on the second of July to Hays in a one horse chaise, I look'd at my watch, just as I was going upon Ealing common , and I wanted five minutes of five o'clock: before I came to the six mile stone, the prisoner at the bar rode up to me, out of Hanger-lane , he order'd me to stop; I did not comply at first; he said stop again. The next word was, give me two pence, or three pence, to pay the Turnpike. I said what do you mean? then he took a pistol out from under his right arm, and pointed it to me, saying, come, come, give me your money. His horse's head was in my chaise; by the posture
Henry Segar , who is servant to Justice Lediard, produced the watch; the prosecutor deposed to it. I brought the watch from Justice Lediard this morning; I don't know how it came into his possession; I was not his servant then.
George Tompson . I am constable of Kensington; on the second of July, between five and six o'clock in the afternoon, I heard the cry stop thief; seeing a crowd of people at the Gravel-pits, some people had got hold of the prisoner; I took hold of him also; I search'd him, and in his right side pocket I found a green silk purse, in which was eight shillings, and eight six-pences; in his breeches I found a small size silver watch; he is shew'n the watch Segar brought; he deposes it is the same ; having took down the name, and number, before he delivered it to the Justice; and in the right ham of his breeches I found another large silver watch; there were two pistols.
Samuel Seedon . I rode after the prisoner, calling stop thief; I saw him fall, there I saw a brace of pistols hanging by his sides, tied under each arm. I took them from him, and saw the watch taken from him.
Guilty Death .
534, 535. Bridget Shepherd widow , and Ann wife of George Barret , were indicted, the first for stealing three half guineas, and 14 s. and 6 d. in money numbered; the money of John Rogers , in the dwelling house of the said John , July eight , and the other for receiving the money, knowing it to be stolen . +
John Rogers . I live in White-chapple road , near the Barley Mow , the box in which was the money stood close by my beds seet; I went out to work, the day I don't justly know; my wife came and told me in the afternoon I was rob'd; I bid her secure Shepherd, we mistrusted her, she having laid in our house about three nights; we secured her; she confessed she took 14 s. and 6 d. then we carried her before the Justice, and she confess'd the whole, and that she gave the three half guineas to Ann Barret; and that they spent six shillings; she said, she broke up the box, with a heading chisel, which she hid afterwards. Her confession was taken before the Justice, and she sign'd it.
Joseph Waldock . I am Headborough; I stood by and saw Shepherd make her mark to the confession. It was read over to her before she sign'd it, several times; she did it freely before and at the Justice's house, and after that, she was fetch'd and confess'd before Barret's face.
Q. Was there any promises of pardon made her, before she confess'd; and was she sober at the time?
Waldock. No none at all; she was very sober.
The Confession read, to this Purpose.
That she being acquainted with Ann Barret , she lodg'd with her in this house, three nights; and that Barret told her, Rogers kept his money in a box, in his own room, which she show'd her, as she pass'd by the Chamber door; and ask'd her if she could not contrive to break it open: that as she was sweeping the room, she took an opportunity to break it open, and take out the money mention'd.
Elizabeth Rogers . On Monday morning July eight, between seven and eight o'clock, Shepherd came to my door; I look'd out, she said come down and open the door, saying Mrs. Barret desir'd I'd come for her bellows, she wanted them at the Marshalsea-prison; her husband was a prisoner there; I let her in, then she said she was to go up and make Barret's bed; she went up, and kept making a great rattle; I went out, when I came back, I went to lift the box; I was going to put my husband's cloaths where the money was, and the cover came up with my hands. I call'd Shepherd up, and told her the case; she said never be affrighted, may be your husband has done it to affright you. When she got out of the door, she run away. After she confess'd to 14 s. I ask'd her how she did it; she said she did it with one of my husband's chisels; that she shut both the doors, and carried the box into Barret's room, to do it. I ask'd her where the chisel was, she
I go out a Nurse-keeping; Mrs. Barret being at the Marshalsea prison, with her husband, I went to see her ; she told me I might lie along with her. I went and told Mrs. Rogers, she was willing I should be there a time. I lay there three nights, on Saturday morning I went to the prison, to Mr. Barret, his wife was drunk at the door, he had given her a black eye; when I came to Mr. Rogers he said, if she or I offer'd to come there, he'd break our necks. On the Sunday morning I went and told her; she said, she would move her goods, and take another lodging. She desired me to go to Mr. Rogers's, on the Monday morning, and bring her bellows; I went and knock'd at the door, she insisted upon it, she should not have them; I went and told Mrs. Barret, she would not let her have them; at night Mrs. Barret came and told me, Mrs. Rogers charg'd me with breaking the box; the next morning Mr. Rogers dragg'd me into an ale-house, and the constable insisted upon searching me; and pull'd out a great many things from my pocket. He took 8 s. and 6 d. out of my hussive, and carried me to Sir Samuel Gore, and then to Bridewell; I never was up the stairs, Mrs. Rogers would have for give me, if I would have sworn against this other prisoner; her husband is in the Marshalsea-prison for debt.
B. Shepherd guilty , Death .
537, 538. (L.) John Smithson , and Rebecca Eldre , were indicted for forging a bond, of a 1000 l. for the payment of 500 l. dated Dec. 21. 1749, sign'd Jonathan Denne , and publishing the same, with an intent to defraud the said Jonathan . ++ It appear'd by the evidence, that Smithson acted as attorney for the prisoner Eldre ; and that the prosecutor was arrested for the 500 l.
The prisoner Eldre, in her defence said, she did believe the bond was a false bond. They were both acquitted , and the bond ordered by the Court to be impounded.
539. (M.) John Roberson was indicted, for that he on the fourteenth of December , about the hour of three in the night, of the same day, the dwelling house of Jeremiah Walton did break and enter, and stealing out from thence one pound weight of snuff value, 12 d. one lnkstand value 6 d. +
Jeremiah Walton . My house is on Mile-end road ; about three in the morning on the fifteenth of December, as I lay in bed, I heard a noise, I sat up in my bed; then I heard it a little more; presently there was a silence all at once. Then I heard the watchman go, past three o'clock ; after that I heard the noise like some shot coming in at the window. I had a candle burning in the room; I desired my wife to lie still, and not to move the curtain, fearing that should give them notice: there was an old rusty sword lay upon the Chimney-piece, which I took and draw'd; I went to the back door and turn'd the key two or three times very fair, but could not get it open. I call'd a man and told him, there was somebody breaking into the house. He got up, but not being able to open the door, I went up to jump out of a one pair of stairs window; then the man came in and call'd, and said, he had open'd the door; I ran out and ran along the lane, there I saw the prisoner at the bar and another man, breaking the window; when I came within three yards of them, they ran away and I after them; they kept along the houses, going along Mile-end road. I call'd stop thief; they turn'd to go into the fields, then cross'd to go over a little bridge, there they both fell down; I running pretty quick fell down upon them, and got hold of both of them; it was exceeding dark, one of them got away; I hugg'd the prisoner with his backside to my breast; he turn'd round, and with an Iron weapon struck me over the head; I believe I might lose my senses some little time; but I know for certain, the man was never out of my arms; I believe the scuffle might last about ten minutes. I had got him upon the ground, and had got my sword up, underhanded, to kill him, by striking the point in him; it was a cut and thrust sword; the blood from the wound, upon my head, was running down my eyes, which almost blinded me. I at that clear'd my eyes of the blood; there I saw Thomas Steventon in his shirt, intangled with the prisoner; then I turn'd the point of the sword away; he call'd out don't kill him, he'll tell of the rest. We brought him into the house, and delivered him to a constable: then I found my self bruis'd, and terribly cut. I was naked, he shew'd a scar on his head; we found the window broke, and the end
Q. How far did the prisoner run before you took him?
Walton. I took him about 200 yards from the window.
Q. Did you ever lose fight of him in the pursuit?
Walton. No I never did. I never was above two yards from him from our first setting out.
Q. Had they been into the house to take these goods out?
Walton. I believe the things were taken out by reaching at arm's length in at the window.
Q. Is the window part of the dwelling-house ?
Walton. It is.
Thomas Steventon . I lodge in this house, and was servant to the prosecutor's brother-in-law; he called one William Strickley , who called me, and I went out and heard somebody say, I have you. I ran, and just as I came up, I heard a blow ; I took hold on the prisoner, and we carried him to the prosecutor's house. I saw the shop shut up over-night, between nine and ten o'clock, and saw the paper of snuff and the ink-stand upon the dunghill after the prisoner was taken: the window was broke so, that a man might put in his hand or head; a piece of the groove at the bottom was broken off, and one shutter taken down.
The servant maid deposed to making all fast over-night, before eight o'clock.
The prisoner in his defence said he had been admitted an evidence, and one Ward, against whom he gave evidence, was cast and executed. See No. 311, in this mayoralty.
Q. to prosecutor. Why was he not prosecuted for this when taken?
Prosecutor. I then had the command of a merchant ship of 500 tons, and sailed December 28, but did not return till August 8.
The Justice's clerk was examined, who committed the prisoner, but no account could be given that he had made a confession of this burglary.
540. Alice Dempsey , otherwise M'daniel widow , was indicted, for that she, in a certain place called the White-horse-yard, near the King's highway, on Elizabeth Murphy did make an assault, putting her in bodily fear, and taking from her one pair of gold ear rings, and 6 d. in money , the goods of Patrick Murphy , Aug. 30 . +
Elizabeth Murphy . I live in Wild-street, and my husband's name is Patrick. I am mother to the child ; she will be seven years of age the 8th of next January. On the 30th of August, about eight o'clock in the morning, I sent her with 6 d. for some tea, and I am sure she had her gold earrings on then; she was not gone above a quarter of an hour before she was brought home without her ear rings and money: we searched the prisoner, but found nothing upon her. I said, if she would let me have the child's ear rings, she should go about her business, but she told me, she did not take them; she then said she had two pair at home, and would give me one pair, if I would let her go.
George Hatfield . I never saw the child before the 30th of August, between seven and eight in the morning. I saw the prisoner bring her down Wild-street, and carry her into the White-horse-yard behind the gate, one was shut, and the other open, and in half a minute I heard the child scream out; she brought it out, and said, hush, hush. Let me go home to my mamma, said the child ; (I was dressing a horse there) I thought it was not the prisoner's own; I saw a woman, and asked her if she knew the child; then I went and laid hold of the prisoner, who said it was her child, and that I had no business to lay hold of her in the street. She would not deliver the child till I made her; then took them both to the child's friends.
Q. to E. Murphy. Did the ear rings hook round her ears, or were her ears bored?
E. Murphy. Her ears were bored thorough where the ear rings were put.
Q. to Hatfield. Do you know what was the occasion of the child's screaming out?
Hatfield. I do not; nor did I know the child had any ear rings on, till I delivered her to her mother.
John Clare . I saw this woman coming down Wild-street, and go into White-horse-yard; after she was in a little time, she came out with the c hild in her arms, and the child cried out, pray let me go to my mamma, pray let me go to my mamma. I heard the prisoner say, it was her child: I then went with Mr. Hatfield to the child's mother, and
Q. to Mrs. Murphy. Were the child's ears hurt ?
E. Murphy. They were not, my Lord.
Q. Did the ear rings use to fall out of themselves at any time?
E. Murphy. One of them unlocked once, and but once, as I know of.
Q. How far is the White-horse from your house ?
E. Murphy. I live opposite Little Wild-street, and the White-horse is the length of Little Wild-street from my house.
I was passing along, and thought no harm; the child was crying, and said a woman took her ear rings and six-pence; then two men came and said, is this the woman; the child said, I don't know; then they took and searched every inch of me, pulled off my shoes and stockings into my shift, and found nothing upon me: I went into that place to do that which was not proper to do in the street.
Q. to Hatfield. Which way was the bringing the child ?
Hatfield. She brought it from homewards to the White-horse.
For the Prisoner.
Charles M'Daniel. I have known her these fifteen years, and she is as honest a girl as ever I bred.
541. John Wright Newark was indicted for stealing two holland shirts, two pair of silk stockings, one pair of buttons, five yards and a half of Handers lace, the goods of Anne Hall , in the dwelling house of the said Anne , March 10 .
The prosecutor not appearing, he was acquitted and the recognizance ordered to be estreated.
542. Mary Barnet , spinster , was indicted for stealing one cotton gown, two linen shirts, one linen check apron, one pair of worsted stockings, and one linen handkerchief , the goods of William Oliver .
The prosecutor not appearing, she was acquitted .
543. (M.) Constant M'Ardel was indicted for stealing one hat, value 1 s. one 36 s. piece, one 9 s. piece, and 18 s. in money, numbered, the money of John Burk , in the dwelling-house of Thomas Briggs , July 28 . +
John Burk . I lodged on the 28th of July in the house of Thomas Briggs ; I never lay there before, I was brought there by the prisoner's acquaintance ; the prisoner would not go to bed, but lay on the floor in his cloaths. When I was asleep, he went away with my money: I took him up, and he confessed at the Round house he had carried the money to Mrs. Clark's in Hanover-yard.
Richard Liford . I keep the Round-house in St. Giles's. On Sunday night last was seven weeks, the prisoner and prosecutor were both brought in to me, and they both charged each other Burk charged M'Ardel with stealing about three guineas ; after some time the prisoner said, if Burk would make it up, he'd send me where I should have the money: he sent me to one Mrs. Clark, in Hanover-square, which is a lodging-house, to ask her for the money. I was to tell her it was the money of her acquaintance's; I went and did my message; she bid me go out and call for a pint of beer, and she'd come to me, saying, if she had any money, she'd carry it with me, but she run away without me. When I came back she was coming away, and talked in Irish to him not to own the money upon any account; my wife was by, and heard it, and told me what she said. I then took her up, and she said when the prisoner changed a thirty-six shilling piece, he owed her some money, so she gave him forty-one shillings; he said he'd give the prosecutor that, and go to harvest work for the rest. The constable has the money, but he is not here.
I had been at work at harvest, and came to town, but could not get a lodging. Burk said, if I'd go along with him, we might lie three in a bed. I was forc'd to lie on the floor, and I by mistake took his hat instead of my own. I earn'd this money in hay harvest, and he said if I would not give it him, he'd hang me.
William Morrison . I am an Irishman, but know nothing of the prisoner. About the 23d or 24th of June last, I knew the prosecutor to be in a very desolate way; he had not money then to buy himself a pint of beer, for there were seven or eight of us gave him a shilling a piece to raise him a little money to set him up.
Q. to Burk. Is this true?
Burk. It is.
John Mackenzy and Arthur M'Daniel deposed they were with the prisoner and prosecutor the night before the robbery, drinking at an alehouse in the Fleet-market; that there Burk said he had been and laid out all his money in Rag-fair, upon which account the prisoner paid three half-pence extraordinary, and in pulling out his money to pay, they saw about 50 s. That the prosecutor, instead of bringing the prisoner to his own lodging on Snow-hill, carried him to a house in Drury-lane.
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death, 17.
David Brown , John Jebb , Cornelius Newhouse, John Hunter, Robert Steel , Ann Burry , William Newman , James March , John Germey , Samuel Eager , Edward Bland , Edward Brook , John Carhold , Benjamin Smith , John Ireland , Bridget Shepherd , and John Roberson .
Transported for 14 Years, 1.
Transported for 7 years, 21.
Richard Gill , Lawrence Penrice , Elizabeth Cross , John Herlidge , Grace Davise , William Hanshaw , Martha Mills , Martha Waters , Mary Davis , Daniel Lewise , James Snelock , Richard Den , William Eaves , Patrick Tallant , Thomas Wright , David Bloom , Thomas Rowley , William Pearson , Margaret Culpeper , John Bowle , and William Bate .
Just Publish'd, (Price 7 s. 6 d.)
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