Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.
Where may be had, in a few Days,
The Genuine TRIALS at Large before the High Court of Admiralty, held the 18th of February, at the Old-Bailey.
Published by the Permission, and under the Inspection of the COURT.
King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.
BEFORE the Right Honourable THOMAS WINTERBOTTOM , Esq; Lord-Mayor of the City of London, the Honourable Sir MARTIN WRIGHT , Knt. *, the Honourable Mr. Justice GUNDRY +, the Honourable Mr. Baron SMYTHE ||, 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. * + || ++ direct to the Judge before whom the Prisoner was tried. L. M. by which Jury.
131, 132. (M.) James Hayes and Richard Broughton otherwise Branham , were indicted for that they, on the King's highway, on Robert Bugg , did make an assault, putting him in corporal fear and danger of his life, one penknife, value 2 d. and 7 shillings in money, from his person did steal, &c . Dec. 18 . *
Robert Bugg. On the 18th of December, I went to a public house in Drury-Lane , near my own house; as I returned back, between 8 and 9 at night, the prisoner Hays came before me, and clapped a short sword, or hanger, to my belly, and said, Your watch and money, for I'll run you through the body, in as desperate a manner as he could express himself; he repeated the words again in a moment; Broughton clapped a horse pistol to my breast, with the muzzle under my chin, and said, Don't make a noise, or stir, for if you do, I'll blow your brains out, in as desperate manner as the other, Hays took out of my pocket 6 or 7 shillings, a penknife, some half-pence, and other little using things ; then he examined my pocket again, found no more; it was just before my own door, within 10 yards of it.
Q. Had you light enough to see them ?
Bugg. There was a light directly opposite to my shop; it was not very moonlight; there were lights in other shops, and a lamp at my door; I saw them both as perfect as I do now; I can particularly swear to them both; after they had done, Broughton said, Don't look after us, turn your head another way, for if you do, I'll blow your brains out, so I turned about towards Long-Acre till they were got about three or four rods; then I went into my shop and told my wife, and shut the shop up, and in about a quarter of an hour came the watchman; I said to him, I wished he had come sooner, I had just been robbed, and related the particulars, and how they were dressed, and their size, I could swear to them; they were both in blue-grey, one a tall fellow, the other a short think fellow, with a horseman's coat and boots on, and a whip in one hand, with the thong twisted round it. He said, let us go and search two or three houses here
Q. How long was it after you was robbed that you went in pursuit of them?
Bugg. In about half an hour's time; I saw them before the Justice, and they appeared in the same cloaths they had on when they robbed me, only their hats and wigs were off; the arms and whip were dropped in the street, and produced there by some of the people; I did not see them searched.
Q. Did you see your penknife again?
Bugg. No, my Lord, I did not.
Q. from Broughton. What did he know my face by, had I any particular mark?
Bugg. When he was before the Justice, he had a mark of a flambeaux on his face, but when he robbed me, his face appeared as it does now.
Q. from Hayes. Were we in a place of shelter, or in the public street, when you say you passed us?
Bugg. They were in a public street.
Edward Maid . I am a watchman; my beat is in Long-Acre and part of Drury-Lane; about 9 o'clock at night, on the 18th of December, I was calling the hour in Drury-Lane by his house, he said to me, he had just been robbed, and that he should know the men could he see them, and described them and their dress, one a tall man, the other a thick man, both in blue-grey; the shortest had on a horseman's coat, buckskin breeches, and boots, with a whip in his hand; he was fearful to go after them at first, saying, they were armed; when I had called my round, then he put on his hat (he having none on when he was robbed) to disguise himself, and we went together, and, in Newtoner's-lane, there the two prisoners stood as if they were making water; he pulled me by the sleeve, and said, they are the two men, &c. they answered the description given before; I saw the boots and horsewhip; then they went into Drury-Lane, and pushed on apace; Mr. Bugg being fat, could not walk fast enough, so I went on before him, the two prisoners opened, and I passed between them ; when I was got some little way before them, I blew out my candle, and slung my lanthorn to a hook at my back, and watched them, but lost sight of them in the Cole yard; then I went and called Mr. King the constable, who came with a hanger.
Q. Are the prisoners the men you saw in Newtoner's-Lane ?
Maid. They are, my Lord; then we went to the house of Thomas Ind, at the Crown and Scepter in Drury-lane, and described the men; he said, he knew them both, and that they had been at his house that day; he charged a brace of pistols, and Mr. King, he, and I, went out, and in about half an hour, the two prisoners were stopped in Drury-Lane, and taken before the Justice. Those are the very men we saw against the wall and followed afterwards.
John King . I am constable; the prosecutor and watchman came for me at this time; they described the men; ( he mentions the cloaths as the others had done ) we went to the house of Hall and Brian, and searched there; then we went to Ind's house; Mr. Bugg described them there, Mr. Ind said, they had had three pots of beer there that afternoon; the prisoners were soon taken; I saw Hays just as he was stopped ; I did not see Broughton till he was brought to Justice Fielding's house; I saw also a pistol and hanger before the Justice, which were said to have been took up in the street, but I don't know by whom.
Thomas Ind . I keep the Crown and Scepter in Drury-Lane. On the 18th of December, Mr. Bugg, and the other evidences, came to my house; the two prisoners had been at my house about three o'clock that afternoon. I once fetched Hays from Salisbury goal, and, as I had ironed him, he said he'd come and pay me a visit; I was afraid he'd do me a mischief; they wanted to borrow a crown of me; Broughton wanted to leave the whip with me as a pledge; then Hays said, he'd not borrow, he'd go out and get some money; I said, James, don't go on the audacious lay, take care; he laugh'd and went out. After they had
Elias Linder . I heard the mob come down Drury-lane, on the 18th of December, near ten at night, calling, Stop thief! I ran to Parker's-lane, and there Hays was running down Drury-lane with this hanger in his hand drawn, two men had once hold on him, but he got clear of them; and near Mr. Bugg's door he fell; I took hold on him, he dropt the hanger as he fell ; I searched his pockets, and found six or seven shillings, and some halfpence, but no penknife. I heard Mr. Bugg say, as soon as he saw him before the Justice, he would swear they were the men that robbed him.
Q. Was the pistol loaded?
Connaway. It was, I drew it.
William Gilbert . On the 18th of December, between nine and ten at night, as I was lighting a lady home, I heard the cry, Stop thief! I made towards the middle of the street: I saw a man with a pistol cocked in one hand, and a horsewhip in the other, running: I struck him with my flambeaux over the face: I cannot say the prisoner is the man, having never seen him since, but he answered to the name of Broughton when taken. (He described his cloaths as the others had done before.)
It appeared the prisoners were pursued in attempting to commit another robbery.
Hays had nothing to say.
Both Guilty , Death .
For Hays, see No. 271, in Cokayne's Mayoralty.
Matthias Standfast. On the 29th of July, I was sent for by Mr. Jones, in order to detect some coiners, being a constable; he and I, and another Man, went and searched a room in Red-lion street , there we found the prisoner and Mary Hays ; we found forty counterfeit shillings in a cavity under the floor; we found also some implements.
Q. Who rents the room?
Standfast. I believe Mary Hays does; she is admitted an Evidence.
William Jones . I am Headborough: Thomas Trustram came and told me he had some coiners in Mr. Strinubold's house: on the 29th of July, I and the Constable went with him; we took the prisoner and evidence, and searched the room, (a was Mary Hays 's room) we found these things he produced, plaster of Paris, a knife, a file, a bottle with some quicksilver in it, and forty pieces of coin.
Q. What do you think that coin is made of?
Jones. I believe they are made of pewter.
Q. What do they imitate ?
Jones. King William's shillings.
Thomas Trustram . I lodge in the same house Mary Hays does; she came into my room the 28th of July, seemingly confus'd, and said she was got into bad company: I said, what company? she said a woman, a corner, and that the money, and other things, were hid in her room; and that the woman was gone out: the next day I went and fetched Mr. Jones and Mr. Standfast: we went into the room, and the two women were there; there was a hole behind the door in the floor; Hays went to it, and covered it with her cloths, as a signal to shew us that the money lay there: Mr. Standfast took this money out, wrap'd up in a rag; they are like shillings, I take them to be pewter.
Mary Hays . The latter end of last summer I saw Ann Whitmore and Mary Baker at work on this money in Hog lane, (for Baker see Numb. 601, in Cokayne's Mayoralty ) I don't know at whose house it was, but I know the house: the prisoner was casting shillings out of a mould; it was the best of pewter, and Mary Baker finished two of them, and went out and brought in a twopenny loaf, and cheese; this was on a Friday, I don't know the day of the month, nor the month: on the Monday following the prisoner came and knocked at my door; I asked her why she came so early? she said, for me to take a walk in the fields with her, saying, Mary Baker was in some goal, either New-Prison or Clerkenwell Bridewell, and wanted me to go and see which it was: I went, and found her in New-Prison : when I came to my lodgings again, there sat the prisoner with those counterfeit shillings in her lap, finishing them.
M Hays . I believe they are the same, I have had a great many of them: upon my word, my Lord, I have seen her begin and finish these sort of things five years ago: she asked me the Saturday before she was taken to go and put some off, and I did; then she wanted me to go again with four or five more: I pretended to go to shops so to do, but put them between my teeth, and bit them, and brought them back, pretending that people had tried them and would not take them : she said, if I would not leave her till such time she saw what would become of Baker, she would see me hang'd; I believe she meant hang'd, she would hold her head on one side, and put her tongue out, and her hand to her neck, saying, I'll see you so; then I was very uneasy, and told this man where I liv'd, and he advis'd me to send for an officer: this was on a Saturday night, and I told him on the Sunday she then lodg'd with me from the Monday to the Monday following.
Prisoner. By all relations this Mrs. Baker and the evidence were old practitioners ; I was at her house as I work'd plain work for her, that then I had been a cripple for five weeks: I never saw the money till the Constable brought it out of the hole.
M Hays . About eighteen years ago the Prisoner was cast for her life for such Practices, and her mother was burnt for the same the winter before that; her sister was also cast, and afterwards transported; two years ago last summer I was in the Compter for changing some such shillings.
Q. How long is it since you put off the first for her?
Q. What benefit had you in so doing?
This woman came to me on the Monday ; she said will you do me one favour? what is that, said I; she said, you know the old woman nam'd Baker, otherwise Strong, has happen'd into a sad scrape, she is got into either Bridewell or New-Prison ; she ask'd me to go with her there: I told her I was not able to walk so far; then she said she must go herself, but wish'd she had some trusty friend, but she did not know who to trust : she came to me a second time, and said she was in prison; she told me if I would, walk along with her home, she would tell me more of her mind: I went with her, it was on the Saturday, she perswaded me to lie with her that night, on the next morning she said I should stay all day; I did; I had that night in my pocket two six pences which I lost there, I said nobody had been there but she; she said do you accuse me with robbing you, she said she could get six pence and six pence a great many ways, and said don't make words about it you must breakfast with me; she lock'd me into the room for about two hours and went as she said for some chips to make a fire, she returned without any; after that these men rapp'd at the door, she was very ready to open it, one of them said we are come to search for some melted mettle; I did not know what they meant, she look'd at me and I at her, said I what is this about mettle? I don't know she said, the men search'd and pull'd out this money and my two sixpences with it, she turn'd about to me as if she wanted me to go down stairs, I had no dread; we was taken before the Justice, she said to me say you nothing at all I know what to do.
M Hays . She was going to set stamps with them two six-pences, and to leave off making shillings: she has lived first with one man, then another, she liv'd with Patrick Riley , he was made evidence against her, he left me out of his information, thinking to strengthen his evidence more against her.
(See No. 599, in Cokayne's Mayoralty.)
Q. from the Prisoner. Did you ever know me put some off?
Q. from the Prisoner. Did you put all off?
Q. from the Prisoner. What instruments did I use in making this money?
Q. from the Prisoner. Do you know any body that put any off for me?
Prisoner. London is a large place; it is strange she can't find some person that has seen me with bad money or putting it off?
Court. Was you ever tried in this Court yourself for such a fact?
Q. Did you ever give your evidence here on such an occasion?
Stephen Smith , was indicted for forging a certain order for payment of money to this purport:
John Tevamlow . I live at Ratcliff-Cross, I keep a publick house, the prisoner came to me the 2d of January, he said he was just come from Jamaica, and had ten guineas for the run home in the Lovely Ann, and that he wanted to lodge with me; I got him a lodging just by, he came home with me after they had accepted him, and drank a pint of beer, and said, landlord you had better take my note which I had of the certain Francis Taiton , till I go to the merchant to receive the money, so I took it, then he said, be so good as to lend me a shilling, for I must send for some beer to my lodgings: I sent it him, then he went away, and came again in about half an hour, with a man with him; they had a pint of slip; then he desired me to lend him another shilling, which I did: he and his friend went away; then the woman, where he was to lodge, came and ask'd me, what security I had for the money lent? I said, a note: said she, I have got another from him. (Both produced in Court.) When he came again in the morning, I said to him, friend, you are a cheat: then I took him up, and carried him before a Justice, and there he own'd he wrote both the notes himself, and that he had put a Captain's name to them, which he once failed with. (The notes produced and one of them read, as in the indictment.)
135. (M.) Richard Bulline , was indicted for stealing two guns, one cloth coat, two linnen sheets, one pair of leather breeches, the goods of Prescilla Edwards , widow ; four linnen shirts, four linnen handkerchiefs, one pair of cotton stockings, one pair of boots, one pair of leather shoes, one cloath coat , the goods of Henry Grover , December 22 . ++
Henry Grover . I live servant with Mrs. Edwards at Stanmore ; about eight at night, on the twenty-second of December, I left the stable and bolted the door within side; no body could open the door but they that knew it: I went into the house, and staid there about two hours; then I went to the stables, and found the door that opens to the common standing wide open; I went up stairs, and found my box-coat gone from off the bed; also my leather breeches, coat, shoes, boots, and a little gun, which used to be by my bed-side; I also miss'd a long gun from off the binn below, I had not missed the sheets from the bed till I went to go to bed ; I went and acquainted my mistress with it: I and my fellow servant searched the hay lost, and the town, but found no body. I came to London on the Tuesday, and advertised the things, and ten guineas reward: on Thursday or Friday I had word to go to Mr. Bourne, at the Adam and Eve in broad St. Giles's, there I found the great coat; a few days afterwards there was the short gun carried to Mr. Baily's, where the things were advertised to be brought, by one Mr. Morton, who told me he bought it of the prisoner at the bar, my mistress had word sent by Colonel Mountague , that the prisoner was at Nottingham; I went there and found him, as also my boots, and one of my shirts, marked H. G. that was on his back; the prisoner told me he had sold the other gun at Northampton, and by his directions I found it; he confessed the fact, and said he was sorry he should give my Mistress all this trouble (He once lived servant with her; the two guns produced in court and deposed to.)
Mr. Bourne and Mr. Morton confirmed that of their buying the great coat and the gun. Guilty .
Joseph Laboure . On the seventh of January, about eight at night, going down Cornhill , I thought I felt something at my pocket; I turn'd back, there stood the prisoner, I missed my handkerchief, then
Q. When had you your handkerchief last?
Laboure. I knew I had it in my pocket not a quarter of an hour before.
A boy told him I had picked his pocket; I saw him throw it away; I took it up, when he asked me if I had not picked his pocket; I told him I had found one, and if it was his, he should have it and welcome.
See No. 90, in last Sessions.
++ Guilty .
140. (M.) James Davis , was indicted, for that he, on the King's highway, on Elizabeth, wife of Francis Manning , did make an assault, one linnen handkerchief, one linnen apron, and thirteen pence in money, the property of the said Francis, from her person did steal, &c . July 29 . +
Elizabeth Manning . On the 29th of July, between nine and ten o'clock at night, going home through Drury Lane , the prisoner ran after me, and swore G - d d - n your eyes you b - h. stop, and struck me as I was going cross the kennel, I don't know with what, he took my apron and thirteen pence out of my pocket; I cried out murder ; he gave me a second blow, and again said, d - n your eyes you b - h; he cut my eyebrow, and it bled a great deal; he snatched my handkerchief off and ran away; I took great observation of him when he came up to me, so that I knew him by his cloaths and his voice; I knew him as soon as I saw him in the goal from the rest of the prisoners, and he knew me; I charged him with robbing me, and said, I remember your handkerchief was the colour of this, shewing me one he had on; (it was near the colour) and that he cut my apron off; and that afterwards, said he, you thought I went into the Harlequin, but I went into the Fox and spent your money. This was in the presence of the constable and Mary Jones .
Prisoner. I had been in goal two months before she came to me.
E. Manning. I did not hear he was in goal till about two months after he was taken up for another robbery.
Thomas James . I am constable in St. George, Bloomsbury : I was employed to search for some leather that was lost, which I found in the custody of the prisoner at the bar: In September last he was sent to prison, and detained as an evidence ; when the prosecutrix, I, and Mary Jones, went to see him in prison; she knew him and he likew ise knew her; she said she was sure he was the man that robbed her, and he owned she was the woman that was robbed in Drury-lane.
Q. How came the prosecutrix to go ?
James. She came and told me she heard there was a man taken that had committed many robberies in and near Drury-lane, and desired to go to see if she knew him. When she asked him how he did, he said, Dame, I don't know you: said I, don't you remember such a time you robbed me in Drury lane; he said, I know you are the woman, it was of an apron and silk handkerchief, and thirteen-pence in money, and that he cut her over the eye, and pointed up to her eye, saying, it was this eye, I believe. (The prosecutrix shewed a scar, which, she said, he made.) He said also, he went to the Fox and Goose, and spent her money, and shared the things, there being others concerned.
I was not on the same side the way; there were about sixty people looking at the affair as well as I: I had been drinking in a house with one Peter Dun , they were to go to bed together, she went along with him arm in arm; she missed her apron in the Fox and Goose in the Play-house Passage, and had a man searched there; I did not act a part in it, or receive a farthing of value from it ; I was not in the same parish when it was done.
Q. from the prisoner. Ask that witness if he did not see the prosecutor drinking at the Fox and Goose in Drury-lane.
Hurst. I don't know the woman.
See No. 7, in this Mayoralty.
141. (M.) John Powney , was indicted, for that he, on the 12th of February , about the hour of two in the night, the dwelling-house of John Downes , did break and enter, and stealing out thence three table spoons, value 30 s. one silver half-pint mug, one silver milk-pot, five silver tea spoons, a pair of tea tongs, a pair of silver shoe buckles, a pair of silk garters, and two linnen waistcoats, the goods of the said John . +
Mrs. Downes. My husband was out of town on the 12th of February: my daughter lay with me: I am sure my house was made fast when we went to-bed: between two and three she awakened me and said, she heard the chain of the door move: we both got up, and stood at the window till the watchman came, then I heard no noise: I called to the watchman and bid him look at the windows, which he did, and said, they were fast, but the street door was wide open: he came and stood in the entry till I called the maids up: he called also another watchman, and we found the backdoor was also open, which had no mark of violence on it, so we thought that was opened after the person was in: we searched the house to see what was lost: we found a buroe broke open in the parlour: there were two waistcoats taken out of it, I missed five tea spoons, a pair of tea tongs, a silver milk pot, a silver half pint mug, three silver table spoons, a pair of silver shoe buckles, a pair of silk garters with silver buckles in them. This was on the Wednesday, and on the Friday a pawnbroker came, whose name is Ann Johnson , and said, a man had been there to pawn a spoon, which they had stopped: she said the man brought it in the name of Mr. Downes's cook, and that she could swear to him if she saw him: we took up the Prisoner, he confessed the whole, that he got in at a two-pair-of-stairs window, which he got to by getting up into a gutter; that he came down stairs, broke open the buroe, and took the things mentioned, and that he had buried all the plate under the pavement in a stable where he works in Adam's muse; we sent a servant there, one Edward Roberts ; he brought all the things. (Produced in court, and deposed to.)
Edward Roberts . I was out along with my master when the house was broke: I took the prisoner, we had him into the parlour, and charg'd him with stealing the things: he confessed breaking the house, and stealing the things, and where they were: I went by his direction and found them had in two places, one parcel under the manger, and the other parcel in another part of the stable, as he had laid under ground.
Ann Jackson . The prisoner brought a tablespoon to offer to pawn to me, about 9 o'clock on Saturday night ; I had seen him at my shop before; he told me he had the spoon of Mr. Downes's servant: I asked if it was her own? he said, he believed it was: I desired him to carry it to her again, he took it, and went away. I had not heard of Mr. Downes's house being broke open till my husband informed me afterwards: I sent to know if they had lost such a spoon; then they sent for me to swear to the prisoner: I went, and said the prisoner was the man that brought it to my house to pawn. (She produced the spoon, knowing it from the others by its being wore at the end of the bowl.)
Mr. Downes. When I came home on the Wednesday morning, my wife was much frighted, and told me the house had been broke open; I got a warrant and took up some of our own servants, thinking it must be somebody who was well acquainted with the house: Mr. Jackson came and asked me if I had lost such a spoon, telling me, a tall man, named Powney, had been to pawn a spoon with his wife, upon which I took up the prisoner, and had him before the Justice, who came to my house. The prisoner had lived with me about 5 or 6 months, and left me the beginning of January; he confessed before the Justice as has been deposed before, and has signed his confession.
John Lees . (He is shew'd the Confession.) The name is the prisoner's writing; I saw him sign, and I wrote mine, as a witness, before Samuel Thrasher , Esq; without any threatening or promises to my knowledge: I saw the Justice also sign his name to it. (It is read, to this purport ) '' That he got out of Marlow's stable, that join'd Mr. Downes's house, and in at a window down into the kitchen ;
The prisoner had nothing to say, and called no witnesses.
Guilty , Death .
Charles Gray . I live in Ely Court, Holborn ; on the 15th of Jan. about break of day, one of my men, named James Black , came to work: my wife got up in the morning, and missed the things mentioned, that were hanging up to dry: I went to enquire if any body had come up stairs besides the alehouse boy; Black told me he had seen nobody come up, but he had seen the prisoner standing over against my door, when he came in: I found the prisoner out in Turn-again Lane; I charged him with taking the things; he denied it: I had with me Mr. Powell, with whom he had once lived, who talked to the prisoner, and after that told me the prisoner had confessed, that he had left them at Mrs. Griffith's in Fleet Lane, till he had an opportunity to sell them: we went to that woman's house, and there found the shirts. (Produced in court.) The woman ran away when I came there.
Samuel Powell . Mr. Gray came and asked me where this boy lived; I went with him to the prisoner, he charged him with this affair, the prisoner said he knew nothing of it, saying he was at the Horshoe and Magpye at Holborn Bridge at that time; we went there; the people recollected he was there, but in going up Holborn the boy confessed to me he had took the things, and had lodged them in Fleet Lane; I can't now be positive to the woman's name, but there the things were found; I went with the prosecutor and prisoner there to demand them, there were six shirts and an apron.
The prisoner had nothing to say.
Susannah Leeman I keep the Rummer Tavern in Chancery-Lane ; I have lost many plates and things: on the twelfth of December I lost several plates and dishes, out of my scullery in the yard: Mr. Hunter stopped some marked with a Rummer on them, and my husband John Leeman 's name. I know the prisoner very well, having seen him come through my house several times: I went to Mr. Hunter's house, there I saw several of my plates cut in four pieces, (each produced in Court and deposed to.)
Thomas Hunter . I am a Smith and Broker, the prisoner brought these plates cut to pieces to me to offer to sell, I stopped them and informed the prosecutor of them, who deposed they were her property.
A woman came to me and asked me if I knew where she could sell some pewter, I said no: then she asked me if I would buy some; so I bought them for a small trifle of money.
148, 149, 150. Barnard Agnue , Thomas Fox , and Thomas Gale , where indicted for that they, on the 4th of January , did utter and publish as true a certain false forged promissary note of hand, for the payment of 25 l. 4 s. with intent to defraud Elizabeth Agnue , widow .
Richardson. I have many a time. (He is show'dAndrew Agnue wrote his name to it, I saw him. (He is show'd another) The body of this is my clerk's writing; the name, Andrew Agnue , is the Captain's own writing, but I did not see him sign that. (He is show'd the note mention'd in the indictment.) The name to this is not the Captain's writing nor part of it; it is as much different as any two hands can be.
Q. from the Prisoner Agnue. Did you ever hear the Captain talk of me?
Q. Have you ever seen him write?
Steward. I once saw him write a letter in my lodgings, at my table, and afterwards he gave it to me, and I read it; his name was to it, I know his hand writing as well as I know my own.
Q. When did he die?
Steward. He died on the 1st of May. (He is shew'd several papers.) Two of these are my hand writing : the note mentioned in the indictment is not my writing.
Q. Is the name to that his hand writing?
Steward. It is not at all like his; here is not a letter in it like his writing; I used to be extreamly intimate with the captain for many years.
Steward. No, I never did; after this affair broke out the widow asked me if I knew a person of that name; I said no, but desired she would send him to me, thinking, had the Captain had such an acquintance, I must know him, but he never came.
Q. Have you seen him write his name?
Mackenzey. I have; I have been witness to several deeds; I have also here two letters he sent to me. (They are compared with the names on some notes before produced, and the names agree, he looks upon the notes, and says the names are Captain Agnue 's hand writing: he is shewed the note mentioned in the indictment.) I dont believe any part of this is the Captain's hand writing: I dont think, had the Captain endeavour'd to have wrote like this, he could have done it. (It is to be observed the body and name are two different hands.) Neither the body or name are like the Captain's writing, far from it.
Q. from the prisoner Agnue, to Colonel Steward. Did the Captain give a petition for you to carry to the Duke of Cumberland for me?
Steward. I never heard of the prisoner's name in my life, till I heard from Mrs. Agnue he had been at her house, I knew not of any such petition.
Mackenzey. He died the 1st of May, his wife is his lawful executrix.
Michael Wilson . I have been servant to Mrs. Agnue from March last; the prisoner Agnue came to her house last May with a letter, and asked if Mrs. Agnue was at home. (He is shewed a letter.) I am sure this is it: I told him my mistress was at home; he bid me give that letter to her; I did, she read it, he staid for an answer; Mrs. Dunbar, her mother, who lives with her, came out, and asked him where this Barnard Agnue was, which name was to the letter, he said he was then at Spring-gardens.
Q. from the prisoner Agnue. Did that witness hear any talk then about money?
Wilson. I dont remember any thing more said than what I have mentioned.
Wilson. No, not a word about you.
Wilson. I was with the Captain a week before he removed from thence.
John Casterd . I have been servant to Mrs. Dunbar, going on three years; the Captain died on the 1st of May; Mrs. Dunbar lived with the Captain at the time he died, I saw the prisoner at the Captain's house the day after he was buried; he wanted to know of me where the Captain was buried ; I asked his reason for asking, he said he was a relation to him, and his name was Agnue; I told him he was buried in the family vault of Mrs. Dunbar, near Moorfields.
Q. Had you ever heard before of any such relation ?
Casterd. No, Sir, I never did, he said there was a bill of 24 l. (to the best of my knowledge) that Mrs. Agnue, had of his on the account of a law suit; I told him if there was any such note, Mrs. Agnue would honourably discharge it?
Q. How long did the captain live with Mrs. Dunbar in Mincing-lane?
Casterd. About six months, and had moved from thence about six weeks before he died: the prisoner came to the Bell in Mincing-lane, as nigh as I can recollect, January was twelve months :
Q. Did he talk of being related that first time?
Casterd. No, he did not.
Q. Had you ever heard of him before?
Casterd. No, Sir.
Q. Did you acquaint your master he had been there?
Casterd. No, my Lord, as he had not told me his name nor his business, I did not speak to my master about him.
(To prove that part of the indictment, where it is said with intent to defraud Elizabeth Agnue , widow, the letter of administration was read, dated August the 1st, wherein it appeared Elizabeth Agnue , widow, and relict of Captain Andrew Agnue , was the real executrix, &c.)
Mr. Mackenzey. I was ordered by Mrs. Agnue to order Mr. Dagg, to enquire into the truth of this note, she not allowing it to be a note of her husband's: Mrs. Dunbar had shewed me a letter, signed John Saunders , that came, demanding payment on this note.
John Saunders . I have known Barnard Agnue about two years, and the other two prisoners about two months: Barnard Agnue applied to me about the latter end of December, and brought this note; (holding up the note, mentioned in the indictment, in his hand) he wanted me to recover the money due upon it, of Andrew Agnue 's widow. Some time after I called at her house in Great-Marlborough-Street: I met with Mrs. Dunbar, who said, the Captain never owed Barnard Agnue a shilling in his life: I told her I had such a note, and shewed it her: she said she believed it was not his hand-writing : I said the body of the note might not: she said the name was not. In a day or two the prisoner Agnue came to me to know whether I had got the money upon the note: I told him I had not: I asked him how he came to put such a note as that into my hands, for it was a bad note, and not Mr. Andrew Agnue 's handwriting : he then said he could bring two or three witnesses to prove it was his hand-writing, and also the money lent at the same time.
Q. from the prisoner Agnue. Did I not say it was money to carry or a law-suit?
Saunders. I think he did say it was, and that he said he lent the money at the Lebeck's-Head in the Strand, and that the note was drawn by Andrew Agnue : I desired h e would bring these witnesses to me: he came again in a night or two, and brought me the names of the two witnesses. which were Thomas Fox and Thomas Gale : I went with him to them at a public-house in a back parlour in the Old-Baily, which was the first of my seeing them: I asked them if they knew of Barnard Agnue 's lending the other any money? they said they did know such a man, and that they saw him lend the money at the Lebeck's-Head in the Strand, about the beginning of February.
Q. Did you produce the note to them?
Q. What did Gale say?
Saunders. They did not then, but they did at the time they were taken up. After this I wrote a letter to Mrs. Agnue to let her know I had satisfaction from two witnesses, which I had seen, that told me they saw the money lent and the note signed, and desired she would appoint some person to enquire into it, or I should bring an action for the money, &c. After this Mr. Dagg came to me, to whom I delivered the note, upon his giving me a receipt to return it on demand: he desired I would appoint the three persons to meet him, and some others to enquire into it, saying, if he found the note a true one, he would pay it; he said he did not know Captain Agnue , and was not certain as to his hand-writing, but by the appearance of it, it was not the Captain's hand-writing: I appointed to meet at the Rose Tavern without Temple-Bar: we met there, I think it was on the 4th of January: Mr. Dagg brought Mackenzey and Mr. Welch with him: the note was then produced by Mr. Dagg, and he asked him such questions as he thought proper: then it seemed clear to me, that their answers agreed in this, that they saw the money lent. (The note read.)
London, February 3, 1751.
Saunders. No, my Lord, I never did.
Dagg. I was appointed to enquire after this note : I went to Mr. Saunders's, he was not at home the first time; I left a message that I had been there in relation to a note, which he had demanded payment of on Mrs. Agnue; he came to me the next day at my desire, and gave me the note upon my giving him a receipt to return it upon demand.
Saunders. Yes, it is.
Dagg continues. I believe in a day or two after he came to my chamber, and told me the names of the two Witnesses Fox and Gale,; as soon as I heard their names, I began to suspect the thing, (having heard of them before) then I appointed Mr. Saunders to meet me at the Rose Tavern with them; I told him if these men appeared men of reputation, and could prove that the money was advanced by Barnard Agnue to Capt. Agnue, and the note signed, my client should pay the money; in the mean time I went with Mrs. Dunbar and Mrs. Agnue to Justice Fielding's, and laid an information against Barnard Agnue ; he granted a warrant; then I took Mr. Welch and Mr. Mackenzey with me to the Rose Tavern ; we had not been there long before the three prisoners and Mr. Saunders came in, this was on the 4th of January. I first produced the note to Mr. Saunders, and asked him whether that was the note he gave me, and whether Barnard Agnue did give it him? he told me it was, and he had it of him. I then asked Barnard Agnue whether Capt. Agnue gave him that note, and whether he had given value for it? he said, yes, and made some protestation, what it was I can't exactly recollect, was it the last day he had to live, or something like it; he said the money paid by him, to Capt. Agnue, was 24 guineas, in order to carry on a law suit.
Q. What did you understand by that?
Dagg. I understood him that he had deposited it in the Captain's hand, in order to pay the expence of a law suit which was coming on. Then I examin'd Fox, he told me he was a Surgeon in Cornhill, at the sign of the Wheat-Sheaf, and that on the 3d of February he was drinking with Barnard Agnue at the Lebeck's Head in the Strand; that Capt. Agnue came in, and he saw Barnard Agnue advance to Capt. Agnue 24 guineas, and saw Capt. Agnue sign the note which I had produced. I then examined Gale; he said very little but this, I can swear the same to every thing that Mr. Fox has said; he said also he was a Broker, and liv'd behind Guy's Hospital.
Q. Did you shew them the note?
Dagg I think Fox took it out of my hand as I held it ; I shew'd Gale the note, he looking upon it said, he saw it signed by Capt. Agnue. I kept the note, and charged Mr. Welch with the three prisoners. I was with them before the Justice of Peace, they were examined separately; they agreed in this, that they were all three at the Lebeck's Head with Capt. Agnue when he signed the note and received the money; that they were drinking a pint of hot red wine; I knowing he had not drank red wine for some time before he died, I asked whether he drank one or two glasses, they could not tell; they all gave a different account of their coming there; one said Capt. Agnue and they came together; another said they met him as they were going in, and another said they came separate.
Q. to Colonel Steward. Had Capt. Agnue us'd to drink red wine lately?
Col. Steward. He drank no red wine for a year and half before he died.
Q. from Gale. Did not I say, I did not know Capt. Agnue?
Dagg. He did, before the Justice; but he had owned before he had seen Capt. Agnue sign it. I wanted him to be an evidence; he said, if I would put him on the back of the bill, he would do what service he could; said I, can you prove the forgery? he said he could not.
Mr. Webb. I am the High Constable of Holborn division: I was at the Rose Tavern : I can only say what Mr. Dagg has said, which I know to be truth. Fox, as a confirmation, said, the piece of paper, on which the note was wrote, was taken out of his pocket-book, but there was no pocket-book produced.
Mr. Mackenzey. What Mr. Dagg has said is the truth of the case. Fox said he knew the Captain very well, for he was the son of Sir Andrew Agnue , Bart. Barnard Agnue said he had been the first man that had sent an account into Scotland of the Captain's death to his friends, and had been of very great service to the family; this he said to satisfy us that he knew him.
I went to Capt. Agnue, when he return'd from Gibraltar, to one Mr. Syms's to pay my respects to him, we being acquainted. I told him what the Duke of Cumberland had proposed to do forJohn Miles , an attorney, had got my money, and had kept it two years, and I wanted him to help me to another: I offered him my papers to look at; he told me he never employed any attorney in London: said I, if you don't know of one, will you preserve this money for me; he said he'd do me all the favour possible : I gave him it: he said, I'll give you a memorandum: said I, if it was for a thousand pounds, I am sure of it; there was a young gentleman with him said, yes, you shall have a memorandum: he called for a pen and ink and gave it to the gentleman, I never minded it more till he handed me the paper.
As Mr. Gale and I were coming from Chairing-Cross, Mr. Agnue called me in at the Lebeck's Head, where I saw the gentleman whom they called Captain ; they were busy in talking together; he asked about money, whether it was giving or receving, I cannot tell, it was not my business; I saw some money deposited on the table, how much, or the use of it, I cannot tell. I can say no more, I may as well be hang'd for nothing.
There was some money on the table, but for what I can't tell; afterwards he said there were twenty-four guineas; it was something about a law-suit; I am pretty old and my memory fails me; I never saw the Captain before in my life.
Ann Shepherd . I live in Drury-lane, and Mr. Agnue lodged where I lived ; he came home one time either in April or May, and seemed very much surprized; he sat down and said, Lord, I am very ill, Nanny, I have met with a very great surprize, I have been out and have heard Captain Agnue is dead: I have lost one of my best friends, and I fear all my money too. I have known the prisoner about two years, and never heard any ill of him.
Q. Where do you live?
A. Shepherd. In Vinegar-yard, Drury-lane, and lodge with Mrs. Scot.
Q. Did the prisoner Agnue lodge there?
A. Shepherd. No, Sir, he lodged where I had lived servant eight or nine months ago.
Q. What is he?
A. Shepherd. He is a gentleman come from sea, I can't tell what business he follows.
Jane Tase . I some times go to service, otherwise I go a chearing or ironing: I knew Agnue, I worked for him when he kept house: I heard him say he had a demand on this gentleman, and has put people off when they have come for money, upon account of the money demanded of him by people.
Q. Did he name the gentleman's name.
Q. What business does the prisoner follow?
Tase. He follows none at all as I know of, he kept a private house, and lived genteely and decent.
Christopher Kelly . I am a piece of a surgeon and a licensed physician: I have known Agnue three years: he has been very ill, and I visited him; he had a trial at Guildhall, and carried his cause for an action of an assault by his captain, and recovered twenty pounds: I know nothing of him, only being employed for him when he was ill; he now owes me eight guineas.
Dionies Denavove. I have known Gale about a year and half; he lodged at our house: I saw no harm by him while he lived there.
Thomas Hall. I live in Short's-Gardens: I have known him above seven years: I never heard any ill of him before this: I have had little knowledge of him for the last year.
Fox called no witnesses.
All three Guilty , Death .
151. (M.) Adam Grant , was indicted for stealing one pair of scarlet cloth breeches, value twenty shillings, one silver etwee, value ten shillings, one pair of Dresden ruffles, two pair of white silk stockings, one white holland waistcoat , the goods of , Esq; Dec. 1 .
The prisoner had attended the prosecutor to brush and clean his cloaths, &c. on mornings ; the prosecutor did not like his behaviour, and paid him off, and after that he missed the things mentioned, he had him taken up The prisoner confessed the fact, and on his knees begged mercy, and told where they were pawned. (The etwee and scarlet breeches produced in court.) Guilty .
To which she pleaded Guilty .
154. (L.) Robert Allison , was indicted for stealing one linnen shirt, value one shilling and sixpence, the property of Isaac Masemore , one cheque apron , the property of Ann Clark , widow , January 21 . ++ Guilty .
No prosecutor appeared, Acquitted .
157. (M.) William Robertson , was indicted for stealing four flannel petticoats, one quilted petticoat, one camblet gown, two linnen aprons, three brass candlesticks, one beaver hat, one silver buckle set with bristol stones, one gridiron, one firest ovel, and seventeen pence in money , the goods of James Cook , Dec. 13 . *
Rebecca Cook . I am wife to James Cook ; I live in Green-Arbour-Court, Golden-Lane ; on the 13 th of December last I was taken ill, and went to-bed ; I had a cat that had a bell about her neck, she flew about the pillow and awaked me, she flew to the chair, then the table, then to the chimney, and then on the bed; I saw a little light; I said, cat, what ails you? she still flew about: the light was gone in a moment: presently I heard a root step about the room; there the prisoner was at my bed-side: my gown and apron hung on a chair: I said, Jemmy, what have you stayed a little longer than ordinary? have you a mind to afright me ? (I thinking it had been my husband) said he, it is none of your husband: he put his hand into the bed, and laid hold on me, and said, but I will do so and so to you, make no resistance, your husband will be at home in two minutes: I catched hold on him: he said, be quick, for I will, speaking in a very vulgar manner: I held him fast by the coat; said I, how came you into my house? he said, G - d blast your eyes, you old b - h! I said, Lord, what makes you use me so? who are you? will not you, you old b - h, speaking it out in a vulgar manner: then, said he, go to hell and be d - d for a b - h: then I felt my things going off the bed: I lost three candlesticks from off my mantlepiece, a cheque apron, a cap, a hood that hung on the chair, one brass pepperbox, one gridiron, three brass knobs off a stove, and a fireshovel: he went out and pulled the door after him.
Q. Had he any instrument in his hands?
R. Cook. He threatened me and affrighted me so, that I did not see any thing in his hands. I saw the back of him as he went out, and when he was in the street, I saw him out of the window by the light of a brandy-shop. I was drawing on my stockings when my husband came in; he asked me if I was mad; I told him there had been a man, that came once before with a pretence to take a room, (which were all the times I had seen him) and had taken such and such things: my husband looked about to see what was gone: I described him and he went to the alehouses. When he was gone the prisoner came upon me a second time; then I saw his face and his cloaths; he said, G - d d - n you, you old bitch: I said you are the man that
Q. Did you cry out when you were in bed, when became to you?
R. Cook. He threatened me so that I was affrighted, and had not power,
Q. Are you certain the prisoner is the man?
R. Cook. I can say, to my great sorrow, that he is the man.
Q. How did he come into your room?
R. Cook. The key was left on the outside the door.
Q. What time did you go to bed?
R. Cook. About seven o'clock.
Q. How came you to go to bed so soon?
R. Cook. I was taken with a great heaviness and was so for some days.
Clarles Hilton. On the 13th of December, between eight and nine o'clock, as I went out at my own door, which is just by the corner of Green-Artour court, within a door or two of Mr. Cook's, I saw the prisoner, with a candle lighted in his hand, standing as if he was making water; About half an hour after Mrs. Cook came running to me, and said she had been robbed of every thing she had in the world, and that her husband was standing like a man out of his wits.
I was drinking at a publick-house that night from six to nine, when I went away; I then went to the sign of the Three Pigeons to ask for my wife; she was not there; I then went to the house I had been drinking at, and when I came home found my door broke open: there were two or three men took told of me, and said I had robbed the prosecutrix; they brought her to me in a ragged gown: said she I am almost sure the prisoner is the man.
Jonathan Keath . If common fame speaks truth, the prosecutrix is a woman of very bad character: she is capable of swearing any thing; there is hardly a worse woman living; she has been confined in Newgate for a crime of this nature. I knew nothing of the prisoner nor of this trial before I came here.
William Bell . I live at the upper end of Drury-lane. As I was in Fleet-market going home on the 17th of Feb. between twelve and one at night, the prisoner came up to me and snatched my hat from my head, and away he ran ; he never was out of my sight before he was taken; I pursued him to the top of the market, and there he was stopped: when he was taken he had my hat in his hand, and anot or on his head.
I was much in liquor, and know no more of it than nothing at all.
159. (L.) Jarvis, otherwise Gervise Shay , was indicted for stealing nine thirty six shilling pieces, two moidores, one four shilling and sixpenny piece, twenty-six guineas, six half guineas, and six shilling and sixpence in money numbered ; the money of Charles Bowden , Dec. 14 . ||
Charles Bowden . I keep a wine and brandy warehouse on Ludgate-hill . On the 14th of Dec. I lost the money mentioned in the indictment. I got up the next morning when my maid asked me if I had left the buroe open: I went to it and missed the money. She said the street door and the warehouse door were open. I took my maid, my man, taat boy, and a fellow-servant with him before the Lord Mayor: the prisoner was servant to a lodger of mine: I got a search warrant from my Lord to search the house of the fellow servant to the prisoner: I went but found nothing; then I searched another house, but found nothing; after that a person that keeps a chandler's shop-by the Fleet-gate, came to me and said, there is a boy that lodges in your house has purchased six pounds worth of crackers and serpents: I desired him to stop him if he should come again. After that when Mr. Barnard was robbed of his gold watch, four guineas, two shillings, and other things, he suspected the prisoner: he asked him in my hearing concerning it; the prisoner denied it. I heard something of him, which gave me reason to suspect him; we took him before the Alderman; going along he confessed the fact to Mr. Barnard: then he confessed to me, and then before my Lord-Mayor, and several Aldermen, that he picked the lock, and broke open the buroe, and took out a pigtail wig; that he drank some green usquebaugh, and another man, a breeches-maker, was in company with him, he staid till he had but four guineas left: when going to Newgate, he then confessed that he took
William White . I am one of my Lord-Mayor's Martialmen ; the prisoner confessed, when in my custody, that he took Mr. Bowden's money, and had spent it all on women, coach-hire, and plays: that in the whole there was about fifty pounds in thirty-six shilling pieces, &c.
Prisoner. I have nothing to say nor no witnesses.
There was a second indictment against him for stealing one man's hat, a gold watch, a perriwig, a pair of breeches, two iron keys, four guineas, and two shillings , the goods of Edward Barnard , which not being laid capital, he was not tried on that.
160. (M.) Alice Rogers , widow , was indicted for stealing one wig, value 2 s. one pair of leather breeches, two coats, two waistcoats, two pair of cloth breeches, one pair of shag breeches, one hat, one pair of stockings, three sheets, twelve napkins, three damask table cloths, four aprons, three linnen stocks, and three linnen handkerchiefs. The whole to the value of 6 l. and upwards, the goods of Robert Cole , in the dwelling-house of the said Robert , Nov. 21 . + Acquitted .
Ann Ward . I keep a public house in Golden-Lane . On the 26th of December, about three o'clock in the morning, two men came in and called for three pints of beer: before the boy could get down into the cellar, one of the men said, I am surprized to see you so dilatory, to be up yourself and have your cellar window open, than opens in the street: immediately the boy, in the cellar called out Aunt! Aunt ! here is a thief in the cellar. I ran down, saw the prisoner at the bar, with a silver tankard in his hand; he put his hand over a butt, dropt the tankard, and it broke a powdering pan. I took hold of him, and asked him what business he had there! The watchman came to my assistance.
Q. Was that window fast do you know before?
A. Ward. I am sure it was, there was a plate broke from the kirb.
Q. What sort of a window was it?
A. Ward. It is a standing door and a slap under it, and stairs to go down; I had just put two tankards on a butt-head before, one of which he had.
Q. Did he let fall this tankard behind the butt he took it from?
A. Ward. No, my Lord, it was two butts distance.
Q. Could it have fallen there by rowling from the place where it stood?
A. Ward. No, it could not, without the butt had fell. (She produced two tankards, and deposed it was one of them, but she could not tell which.)
Q. How came you to be up at that time?
A. Ward. Our house is an ale-house and watchhouse too, there is one room for the constable to sit in.
John Austin . I am a watchman: on the 26th of December, between three and four in the morning, Mrs. Ward's kinswoman cryed out, there was a thief in the cellar; she ran down and called out, Austin! Austin! I ran down and saw her have hold on the prisoner at the bar; I took him from her, and brought him up stairs.
Q. Did you see him have the tankard in his hand?
Austin. I saw tankards there, but I did not see any in the prisoner's hand; I saw the powdering pan broke.
Q. Had you seen the window fast that night ?
Austin. I went my rounds every half hour, and did not perceive it open; I saw afterwards the place broke where the bolt shot in.
Q. Did you observe the cellar door fast that night?
Sopley. I cannot say it was fast.
Q. What was he doing when you saw him first?
Jones. He was hiding himself behind the butts, standing near the butt where the tankards stood: I did not see it in his hand.
Q. Did you hear the tankard fall?
Jones. No, I did not, I saw the powdering pan was broke.
Q. Did you know the prisoner?
Jones. I did, he used my father's house, I knew him when I saw him in the cellar.
Q. How came you to know he was a thief?
Jones. Because he was once taken up for stealing wet linnen.
I was in liquor, and I did not know where to go: knowing this was a night-house, I went and called for a pint of purl, because I would not lie about the street; then I wanted to go to the necessary-house, and I stumbled into the cellar, and did not know where I was; this boy came down directly, I said, Jacky Jones , where is the necessary-house? he called out, Aunt! Aunt! here is Tom Barnes in the cellar: then she came and took hold on me, and said I was a thief; after her came the two watchmen and took me away: I opened myself before them all, and said, for what am I a thief?
A. Ward. No. I never saw him till that night.
Q. to Jones. Did he ask you the way to the necessary-house?
For the prisoner.
John Griffin . I happened to be there drinking a pint of beer at the time; I saw the prisoner brought out of the cellar; he said, he went down to the necessary-house; the woman said, you lie you rogue, having the two tankards in her hands, these are mine now, but had I stay'd a little longer, they would have been your's.
Q. Had you seen him in the house drinking that night ?
Griffin. No, I cannot say I saw him before he was brought out of the cellar.
Q. How many people might there be in the house at that time?
Griffin. There might be twenty I believe, besides the watchmen.
Guilty 39 s .
John Butler . I keep the King's-Arms Inn by Clare-Market : I lost a little quart mug on the 28th of January; the prisoner was drinking at my house that afternoon with three or four more men out of that mug; I did not miss it till Mr. Wilmot sent a messenger to me to know whether I had lost such a mug, which was within half an hour after the prisoner left my house: I went to Mr. Wilmot's house, where I saw the prisoner at the bar and this mug. (Produced in court.)
Mr. Wilmot. On the 28th of January, about seven in the evening, the prisoner brought the silver mug to my house, and said his name was Durham, and that he lived at the glass-house in Fleet-street: said I, you are not that Mr. Durham: he said he was his brother; said I, if your brother will come and satisfy me it is yours, I'll lend you money upon it: I sent my servant over to Mr. Durham's to enquire, and in that time the prisoner desired I'd either let him have some money on it, or the tankard again: I said, I did not chuse that; he threatened me, and went from the shop; I laid hold on him; he turned about and we collared each other; I kept him till my man came back, who said Mr. Durham was not at home; then the prisoner mentioned another man in the neighbourhood, one Mr. Clark, whom he knew, who advertises to take things out of pawn; Mr. Clark let me know the prisoner had been there, that he did not know any thing of him: then I sent over to Mr. Durham for some body to come to confront the prisoner; the maid came and said, the prisoner was not her master or master's brother; he still insisted upon it that his name was Durham. I asked him if he knew
Q. from the prisoner. Ask Mr. Butler what was my character before?
Butler. I have nothing to say against his character before this, I have known him but about two months before this; he is a glass polisher .
I was very much in liquor, my intent was to have pledged it, and when I had got money to have redeemed it again.
James Lacy . I am a breeches-maker ; on the 3d of this month one Charles Sculley sent his servant to my house to let me know he had stopped a pair of breeches: I went to his house in Rosemary-Lane, he shewed me these breeches, they are my property. (Produced in court.) I found Doyle in a house in Mill-yard, and asked him how he came by the breeches, shewing him them? he said he had them of a sailor ; I sent for an officer and carry'd him before Sir Samuel Gore ; there he confessed he had them of Eleanor Gready ; she was at that time my servant; that she gave them to him; then they were both committed to Clerkenwell-Bridewell: going there she said, dear Sir, be favourable to me, and I'll make you satisfaction for these breeches, acknowledging she took them.
Q. In what capacity was she in your house?
Lacy. She was not to assist in the shop, she was house maid.
Q. Did you make her any promise you would let her go if she would confess?
Lacy. No, my lord, I did not.
Charles Sculley . Doyle the prisoner brought these breeches to me, and told me a friend of his had them to dispose of, and he chose I should have them sooner than another; I asked the price, he said he'd go and ask, and left them with me; I saw the prosecutor's mark upon them, I sent to him, he came, and told me they where his property, then we took up the prisoner, after which he told us Eleanor Gready gave them to him; we took her up, she denied it, and said she knew nothing of them.
Joseph Sexton . I am servant to Mr. Lacy, I exposed these very breeches to sale, the first day of this month, in his shop, after I had shut up the shop; how they went out I know not; Doyle said before Sir Samuel Gore , he had them of Gready on a Sunday evening, at a house where they met: she said there she was sitting in an ale-house, and the breeches were handed about, and that Doyle had them of a sailor.
I had these breeches of my mistress to sell for her.
I had them of my fellow prisoner: she came into the Scute where I was and exposed them to file, I had done some services for her, she gave them to me as a recompence: if I had known they were Mr. Lacy's property, I would not have accepted such a thing.
Gready guilty 10 d .
Doyle Acquitted .
166. (M.) Joseph Butterworth , was indicted for stealing one silver watch, value 10 s. one pair of silver buckles, value 9 s. one peruke, one pair of leather shoes, value 1 s. 6 d. the goods of Williams Cross , Jan. 28 . *
William Cross . I belong to the William and Sarah, lying in the river : on the 28th of January I hung my watch up at the head of my cabin; between nine and ten in the morning, when I awak'd, I missed it: I call'd the mate up, he got a candle, then I missed my shoes, buckles, garters, wigg, and handkerchief; I went on shore and told the people about it, and at the Three Cranes, Thames-street, I heard there was a man stopped in Rosemary-Lane, for stealing a watch and a pair of silver shoe buckles, out of a vessel on the river: I went to the constable, and saw the watch, silver buckles, and shoes. (Produced in court and deposed to.) There is my name engraved on the inside case of the watch.
Charles Culley . I am a salesman; on the 28th of last month, about eight in the morning, the prisoner brought this silver watch and a handkerchief to sell, he also offered the shoes to my wife for 1 s. 6 d. he asked 3 l. for the watch. I had a suspicion of him from his bringing me a pair of buckles once before, which were not his own; He this time said he had a pair of silver buckles ; I stopped him and sent for a constable.
Thomas Meddleday . I am the constable ; on the 28th of January I w as sent for to Mr. Culley's on this affair ; I went, I took the prisoner to the watch-house, and searched him: he pulled out a pair of silver buckles out of his mittins, and said they and the watch came from his father at Lynn, and he'd make me suffer for carrying him to the watch-house ; I took him to the Justice, there he said he had them of his father, and it was out of his power to commit him; he was committed for further examination, after which the prosecutor went before the Justice, and swore to the things; the next morning the prisoner was brought to a publick house, as soon as he saw the prosecutor he fell on his knees, and acknowledged he took the things from on board his vessel.
In the morning about eight o'clock, as I was walking in St. Catherine's, I found this handkerchief, garter, and buckle, and all tied up together; I did not know what to do with them, I was afrighted at them; when it was day-light this salesman's wife was up, I asked her to sell me a great coat, which I had sold her a few days before ; she said she had sold it, but I might have a new one: I told her I had a pair of buckles to sell, and took them out of my breeches pocket, she offered me twelve shillings for them; I said I could not take it; then she asked me what I would have for the watch ; I said four guineas and a half; she said she would not give me half the money; she sent me over the way to get some purl, and went and called her husband up; I have no witnesses of my finding the things, there was a porter near at that time, but I don't know where to find him, and I ran as soon as I found them, fearing they should be his.
167. William Beadle , was indicted for stealing one cloth coat, value eight shillings, one pair of leather boots, value six pence, one velvet cap, value two shillings, the goods of Robert Bridgment ; one pair of breeches, one hat, and one rugg, the goods of James Shepherd ; one fustian frock and one handkerchief , the goods of Thomas Turpentine , Feb. 5 . *
James Shepherd. I live at the Coach and Horses in David-Street, Grosvenor-square : the prisoner was quartered upon me; he belongs to the third regiment of guards : on the 5th of this instant, my wife told me she saw the prisoner come down stairs with a bundle in a rugg ; she ran up and saw the maid's bed was stripp'd; I went out to see for him about seven o'clock, I went in at a Pawn-broker's in our neighbourhood: there I was told the prisoner was but just gone from thence: I went about to enquire for about an hour, and when I returned he was at home: I went away and got a constable, and took him before Justice Trent; he would confess nothing; he was committed for further examination, the next day I went to him to the Gatehouse, there he confessed where he had sold the things, the coat, the property of Robert Bridgment , for 7 s. to an old cloaths-man, and my velvet breeches and Bridgment's black cap to another in the street for 1 s. 6 d. and the rug for 3 s. 6 d. he sent me to the Ship in Prince's-Street, to enquire of the landlady for a chairman that had bought that there, I went there and found him, and got the rug and other things that were sold there, I got also the sheet, boots, fustian frock, and silk handkerchief. (All produced in court.)
Timothy Twiner . I am a chairman; between 6 and 7 that Evening I bought the rug and fustian frock for 4 s. 6 d. the handkerchief was in the pocket of the frock, I knew nothing of that till afterwards.
Prisoner. I did this when I was pretty much in liquor.
Annothea Sedgwick. I keep a Butcher's shop in Ratcliff Highway , the prisoner was my servant about 5 months, I had given her warning to go away last Friday morning, before I knew of the things being gone; I found my buroe drawer had a square piece cut out of the back of it, the things mentioned were taken out, I suspected the prisoner, and examining her found them upon her; she begged I'd be favourable and not hang her, only transport her. I found the gold chain done up in her garter; the silver medal fell from her when she unlaced herself; she owned she had cut the piece out of the drawer with a penknife.
Mr. Arlington. Last Sunday morning, between 9 and 10 o'clock, I was sent for to Mrs. Sedgwick's house, she said her buroe was broke open, and desired I'd go up stairs to the maid; the maid did not care I should see her searched, so I went into another room, and when I came back again Mrs. Sedgwick had got those things in her hand, saying, she has robbed me of them; I shewed them to the prisoner, and asked her if she had took them out of the buroe? she answered, she did, and also cut the hole in the drawer with a penknife; then I sent for the Headborough, she was carried before the Justice, and said the same there.
Mistress ordered me to clean the house, and go away: I was cleaning about, and found these things in a drawer: I carried them into the next room, and put them into another drawer: they lay there from the Thursday till Sunday morning: I design'd to put them into the place again: I happened to drop the silver bodkin on the stairs, and it was found; then they asked me for the things, and I delivered them.
To her character.
Hannah Kimpton . The prisoner came to me about four years ago, as an acquaintance, and staid about four months: I have trusted her with things of great value, and recommended her to a place where she behaved very well.
170. (M.) William Girdler , was indicted for that he on the King's highway on William Roberts did make an assault, putting him in corporal fear and danger of his life, 15 s. from his person, and against his will did steal, &c . Jan. 17 . +
William Roberts. On the 17th of January coming from Westminster to Kensington, where my master lodges, about seven in the evening, in the foot-path betwixt Hide-Park-corner and Knightsbridge , the prisoner stood under the wall, he came out upon me with a brace of pistols, and said deliver your money or I'll blow your brains out; I told him I was but a poor servant, and had none, he said little or much I'll have it: he claped one pistol in his bosom, and searched my pocket with that hand, holding the other to my breast, he took my money which was 15 s. I counted it before I came from Westminster; I turned from him, and on the other side of the way was, I suppose, a companion of his: he came across the way, and asked the prisoner, what he had got? the prisoner said but little, the other said D - n him I'll have his hat and wig: I ran, and got off.
Q. Was it light enough for you to discern him so as to be certain to him?
Roberts. The moon shone as bright as it could shine, he had a very black beard at that time, as he has now; his shoes were slit up the sore parts, I described him to my fellow-servants at Kensington, dressed as he is now: if I was not positive, I would not swear for a world.
Q. Had he a cap on?
Roberts. He had.
Prisoner. This cap I have on I had of the person that was tried yesterday for stealing the mahogany, I never had it on before.
The Second Part of these Proceedings will be publish'd in a few Days.
NUMBER III. PART II.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Roberts. IT was not that worsted cap he has on, he had on a leather cap when he robbed me.
Prisoner. Yes, I have had a leather cap a great while.
Roberts. James Bond and Alexander Allen came and asked me to describe the man, saying, they had seen such a man drinking at the Wheatsheaf at Kensington: on the 27th Alexander Allen came to me and told me, he was there then. I went directly, there was the prisoner sitting, I knew him immediately, I left Allen and another man, to keep him safe till I called a constable, who came with me: he was delivered to him, and we took him before a Justice; but he would own nothing; he wished he could have his will of me: there he was searched, but had no arms found upon him.
Alexander Allen . On the 17th of January, about half an hour after six in the evening, the prisoner was drinking at the Wheatsheaf, where I lodge; he said I must just go a little beyond the court-gate, and I'll return and pay you for the two pints of two-penny; he went, but did not come back that evening; this was on a Friday; on the Saturday morning James Bond came into the Wheat-sheaf, and said to me, do you hear of the robbery committed last night, saying, it was Counsellor Fleming 's groom, and that the groom had described him by having a blue jacket, a leather cap, a slit in one of his shoes, and one swell'd leg: I went to the groom, and he described him as before-mentioned. I told him, if he'd come with me to the Wheatsheaf, I could produce the man according to his description of him; when we came there, we staid till about ten o'clock; he not coming as usual, we sent the landlord to see if he was in his lodgings ; we found he had paid for his lodgings, but he did not lie there that night; we heard no more of him till the 27th, then I had been at London, and upon my return, I found him sitting in the box under the dial at the Wheat-sheaf, about six o'clock in the evening; then I went and found the prosecutor, and brought him along with me; as soon as he saw him, he said, that is the man; I'll sware to him; then I took him by the hand, and Andrew Andrea stood behind me while the prosecutor and Bond went for a constable; when he came, we delivered the prisoner to him.
Q. Had you seen the prisoner before?
Allen. I have several and several times in our house.
Q. How long is it ago since you saw him first ?
Allen. The first time is about nine weeks ago; I remember he then said he was come from Yarmouth, and had been robbed by a German: I once gave him a pair of old shoes ; he said he was going down to Bristol to his mother; but instead of that he was still in Kensington ; he said after that his mother lived at Reading, and he has been gone sometimes for a fortnight together, and sometimes for a day or two.
The prisoner bad nothing to say.
Guilty , Death .
171. (M.) Elizabeth Eedes , widow , was indicted for stealing one silver watch, value forty shillings, one pair of silver buckles, value five shillings, one pair of cloth breeches, value six shillings , the goods of Edward Roberts , December 14 . ++ Acquitted
Isabella Webb , spinster , was indicted for stealing two linnen aprons, value three shillings, two silk handkerchiefs, value five shillings , the goods of William Fleming , Feb 11 . * Acquitted .
173 (M.) William Hodge , was indicted for stealing one copper pottage-pot, value four shillings, one copper stew-pan, value two shillings, one copper tea-kettle, value two shillings, and one pair of tongs, the goods of Philip Arnshaw , in a lodging room, let by consent, &c . * Guilty .
Richard Romain. I keep the Two Brewers ale-house in Goswell-street . On the 30th of January the prisoner came into my house, between two and three o'clock; an acquaintance of his that was there, asked him to drink; he went to the necessary-house in the yard, and my kinswoman had just washed some plates; he came and went out; my kinswoman told me, she missed some plates; I ran after him and took hold on him, and searched him; I took two of my own plates out of his bosom, and two more out of his breeches; they were doubled up by two together. (Produced in court and deposed to.)
Guilty 10 d .
See No. 562, in Cokayne's Mayoralty.
Charley. Here it is.
Q. What appears to be due to him for wages?
Charley. There appears to be due to him, from the 13th of April, 1746, to the time he died, which was the 1st of August, 1747, 14 l. 10 s. 10 d.
William Whitney . I live in Oxford Road, I have seen the prisoner several times: he came in order to sell me this ticket, on the 12th of July, 1751, about ten o'clock in the morning, to the Queen's head in Oxford Road, (holding a ticket in his hand) he said a woman had it out of the Navy-office, and said he would go and fetch her, if I would tell him where to meet me; so I appointed the Bull-head. I had bought several tickets before upon his recommendation. He brought the woman to the Bull-head in about a quarter of an hour; she went by the name of Grace Turberwell : I never saw her before: the will was made to her as aunt to the deceas'd. The prisoner said he had lent the woman some money upon it, and he had it, in order to secure his debt. He brought the will also. The woman said, she did not understand selling tickets, not being used to it; so said she would leave it to Mr. Andrews. I agreed with him by the woman's consent, and paid the money upon the table; Andrews took it up, saying to the woman, you'll give me leave to take up the money
Q. Had you an assignment to this ticket?
Whitney. No, I had not; we sent into Windmill street for one, but they had never a one.
Q. What did you pay for it?
Whitney. I think I paid 11 l. 1 s. I had a receipt for the money; as I insisted upon having a receipt from the woman, the prisoner ordered her to give me one.
Q. Who wrote it?
Whitney. The man of the house, named Peak, the woman made the mark to the name of Grace Turberwell ; I had likewise another receipt of the prisoner; Mr. Peak wrote that. The probat of the will read in court, made to Grace Turberwell , Widow; then the receipt read, signed by the woman, to this purport :
Stephen Whittey , '' for his service done on board the Rye, by '' me
Grace Turberwell E her mark.
The other receipt read to this purport.
'' London, July 12, 1751, I promise to make '' good a bill of sale for the Rye, for a ticket '' belonging to Stephen Whittey , for the sum of '' 14 l. 10 s. 6 d to William Whitney , by me '' John Andrews .''
The ticket read to this purport:
'' Stephen Whittey , ordered the 6th of May, '' then an able seaman, on board his majesty's '' ship the Rye, 30th of April, 1746, served till '' the 1st of August, 1747, at which he was discharged '' by reason of death, &c. &c. &c. '' signed and sealed August 1, 1747, Cha. Ray. '' Cap. &c. full Wages 16 l. 18 s. 8 d.'' After a proper deduction it stood 14 l. 10 s. 10 d.
William Peak . I keep the Bull's head in Oxford road ; I remember the prisoner and Mr. Whitney being together at my house, and a person that called herself Turberwell, on the 12th of July; they called for some liquor; after that they ordered me to send for a bill of sale: I sent my servant; he returned and said, he could not get one; upon which the prisoner said, Mr. Whitney, you have known me a good while, there is no occasion to dispute about this bill of sale, we'll go on with the matter; I'll give you a note that the ticket shall be made good to you. Then the prisoner ordered me to write a note, which I did by his directions, and he signed it, it has been read here. The woman was sitting in the window. Andrews ordered me to write that, she signed: then she came and made the letter E to it as her mark. I cannot say, as I was backwards and forwards, that I saw any money paid.
Q. Have you seen him often?
E. Nichols. No; I never saw him above ten times in my life.
Q. Are you a married woman?
Q. What name had the prisoner used to call you by ?
E. Nichols. He used to call me Betty Nichols.
Q. When did he call you so?
E. Nichols. He called me so in July was twelvemonth.
Q. Did he everknow you by any other name?
E. Nicholls. He came to me last July, and made me take upon me the name of Grace Turberwell : he came to me in March, the first time I saw him; he came again in June, when I was ill in bed, and said he'd got a thing for me to do; he call'd it a trifling job: I could not go then: he came again in July, about the 10th or 11th, I was then a washing, which is my business: he said he had got a will, that was left him by a man that belonged to the Rye, who was dead, and it was made to an aunt, and the aunt was dead; saying, her name was Grace Turberwell , and without I would go with him to administer, he should lose every farthing of the money; and that he had lent the man upwards of 30 l. He pulled a pocket-book out of his pocket, and took out the will, which he read over to me; when he came to the bottom, he read Stephen Whittey , his mark: said he, but the blockhead has not let his mark: he then asked me to lend him a pen and ink; I had never a one, but sent and borrowed one, and he made the mark betwixt the writing. I asked him if it would be of any signification to make the mark: he said, you fool, without it you could not take the money. He then gave it me, and we went to Doctors Commons: he bid me enquire for Mr. White. He only went into St. Paul's Church yard and staid at an alehouse while I went. I found Mr. White, and he carried me to another gentleman: there I proved the will by the name of Grace Turberwell : the prisoner gave me 56 s. to pay for it. After I had got the probat I gave it to the prisoner; and the next morning, being Friday, I saw him again: then we went to the Navy office; he gave me the probat of the will, and a certificate that he had got from some parish, which was to prove I lived in such a parish. He left me in Crutched-fryars, and bid me go and take out a Ticket. I got one and came and gave it to Andrews; he staid, according to his promise, at the Bull-head in Leaden-hall-street ; there were Mr. and Mrs. Mellisent together, and they cast it up: after that the prisoner went and had it cast up at the office.
Q. Did you see it again after that?
E. Nichols. Yes, I saw it again on the Saturday morning. Mrs. Mellisent came to our house betwixt six and seven, and said I must go along with her to Tyburn-road; that Mr. Andrews
Q. Was there a receipt given?
E. Nichols. There were two; I made the letter E to one of them: Mr. Peak wrote it by Andrew's Direction. She look'd at it and said it was her mark.
Q. Did you see any money paid?
E. Nichols. I did; to the best of my knowledge it was about eleven pounds. He said I might go and he'd come to me presently; he came to me to the Queen's-head and gave me half a guinea. I never saw a farthing more of it,
Q. What you do mean by proving the will?
E. Nichols. They swore me before a tall gentleman in black.
Q. Did you know what you swore then was false ?
E. Nichols. I did.
Q. What did you swear?
E. Nichols. I swore that to be the will of the widow, and that I was that widow.
Q. Did you know whose will it was?
E. Nichols. No I did not.
Q. What did you swear your name was?
Q. How came you to put the letter E for your mark?
E. Nichols. Because I always do, it being the first letter of my name.
E. Nichols. I did not say what my name was.
Q. How long have you known Mrs. Mellifant ?
E. Nichols. I have known her about 4 years.
Q. What is become of him and his wife?
E. Nichols. I don't know.
Q. How long have you been married to Mr. Nichols?
E. Nichols. Almost two years.
Q. Was you ever married before?
Q. What name did you go by before you married Clark.
E. Nichols. My name was Horton before.
E. Nichols. No, never but that time.
Q. Did not you once go by the name of Marks ?
E. Nichols. I did, but I never was married to that man.
Q. Where did you see the prisoner first?
E. Nichols. At Mellifant's house.
Q. Are you at large, or are you a prisoner now?
E. Nichols. I am a prisoner now upon this account, and have been this six months.
Sarah Kingson . I am wife to the last evidence. I can't say I know the prisoner. I have known Elizabeth Nichols above thirteen years; she has been two years married to this husband, and ever since went by the name of Nichols.
Ann Nichols . I live with my mother Mary Nichols . I know the prisoner; I never saw him above four times before: he came once to our house and asked for Elizabeth Nichols (her husband is my brother) she was in bed; he sat down till she got up and came down; they then went up stairs together, but he did not stay long there, and I never saw him after that till I saw him in the Compter.
Q. How many names has E. Nichols gone by?
Q. How came you to go to the Compter?
This evidence Nichols was taken up for an offence of this kind, and confin'd in the county goal of Surry, before she made this information against me; since that there is one Licet and Lingar have tutored her, and contrived all these
To his Character.
Ralph Middleton . The prisoner has often been at my house; he has left money in my hands, and I have lent him money several times, four, five, or ten guineas at a time, and never took a note of him in my life; he has left also watches, rings, and such things, as money-worth of twenty or thirty pounds value: I always thought him an honest man.
Middleton. I have at my house, people take her to be a sewd woman.
Q. Did he seem to be acquainted with her.
Middleton. He seemed to be as well acquainted with her as he could be.
Q. Where do you live?
Middleton. I keep the Bear at the Bridge-foot, Surry.
Q. Where did the prisoner live when you knew him first ?
Middleton. He lived at the Cross near Deptford, his wife keeps the house now.
Q. How came he to leave his money and things with you?
Middleton. He has when he has been in liquor, and going home late at night.
Q. What was the prisoner before he came to New-Cross ?
Middleton. He has been a sea-faring man, I never heard him say what ship he belonged to.
Jonathan Walker . My father is a gardiner at Greenwich ; I live with him; I have known the prisoner two years and half ; I never heard but that he had a very honest character; I always thought him honest
Q. What has been his employment?
Ross. He did business for any body to take money for Seamens tickets.
Catherine Rhodes . I have known the prisoner between five and six years; he lived near the first turnpike in Deptford road; he married a widow there, but he had not quitted our house at Greenwich; he has lodged with us about a year when he was taken up. I always thought him a very honest man ; he has been used to buy seamens tickets.
Capt. Cush. I am master of a ship in the East-india company's service; I have known the prisoner ever since the year 1746; I failed with him two years, he then behaved in an honourable way; he was an officer on board me.
Benjamin Allen . I am purser to Capt. Cush ; I have known the prisoner ever since the year 1746; I have sailed with him, and have seen him several times within these twelve months; I always thought he behaved as a very honest man.
George Cleyton. I have known him between three and four years, and have been in his company several times, and never heard any ill of him till this unhappy accident. I live within a quarter of a mile of his house; we don't know when he married the woman, some say he is, some say he is not.
For the Crown.
Q. What is his general character?
Neal. Very bad, I think him a very dishonest man.
Q. What is his general character?
Reynolds. A universal bad one.
Guilty , Death .
Robert Wareham . On Monday the 24th of January as I was going down Grace Church-street , betwixt five and six in the evening, I felt a hand in my pocket; I turned round, and took hold of the prisoner, and took him into a shop in order to have him search'd ; a gentleman that was coming along very near me, said he saw the prisoner throw the handkerchief away ; we got a candle, I went out, and found it on the pavement in the street.
Thomas East . I saw the prisoner throw the handkerchief out of his hand, I was so near him that his elbow hit me on the breast; I never saw the prosecutor or prisoner before that time to my knowledge.
The prosecutor took hold on that evidence and me, and carried us both into a shop, there was one run away at the same time, then one went out and brought in the handkerchief.
180, 181. (L.) William Rogers and Thomas Saunders , were indicted, the first for stealing two tackle blocks with brass sheaves , the goods of the Mayor and Commonalty of the City of London , Jan. 8 ; the other for receiving them, knowing them to have been stolen . +
The goods mentioned in the indictment were taken from out a boat belonging to my Lord Mayor lying in the river ; it appeared Rogers broke into her, took the things, and carried them to Saunders's house in Black Boy Alley. Mary Perry , an evidence, was sent from thence to sell them to Mrs. Lee, who thought they could not be honestly come by, so stopped them and advertised them, and thus the matter came out.
Rogers Guilty .
Saunders Acquitted .
183, 184. (M.) Mary the wife of Thomas Gillfoy and Mary Woodbridge , were indicted for that they, in the dwelling house of the said Thomas Gillfoy , upon George Kemp did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one guinea , Jan. 27 . *
The prosecutor being a Dutchman , could not speak English, Henry Keys was sworn interpreter.
George Kemp . I was coming along the street, the prisoner Woodbridge called me in, I don't know the name of the street, there were four of us, I asked if they had any beer? Gillfoy said none but two-penny; then we had some cold beaf to eat, they charged us a shilling a piece for eating; then Gillfoy asked if we would have each of us a wife, I said I would not have any, there were three women in the house, then they called in one more to make four to us four.
Q. Who called her in?
Kemp. Gillfoy did; then she asked me if I would go to bed with a woman, I was going to bed, but I did not because they made a noise; Gillfoy insisted upon 2 s. for the bed ; there was a man in the house, and he got two more who came in with their hangers, one had on a blue coat the other a white one ; they went to chop at my comrade's head, Henry Lowders ; I was then going up stairs to bed with a woman, so I came down stairs, and took hold on the man's arm, and prevented his cutting him ; then that man got hold on my throat, and went to throttle me, then the prisoner Gillfoy came and rifled my pockets, and took out a guinea in gold, after that she charged me for a pint of hot, then we were all up stairs, there the man that chopp'd at us and the prisoner Gillfoy called for more liquor, brandy and hot-pot, and insisted upon our paying for it, if not they said they would take it out of our pockets and kill us, we attempted to go out of the door, but the prisoner Gillfoy locked the door and would not let us go; then I begg'd very hard that they would let me go out quietly, I said I would go and fetch more money and come again, then she opened the door and let us all out; we apply'd to a watchman immediately but he would not assist us.
Q. What time was it then?
Kemp. It was about four in the morning, then we went to get a constable, to get them taken up, here is one Bennings here that was in the house to give his evidence, that saw it all; the prisoner Gillfoy told me the two men that came in were her sons; I can't charge Bennings with any thing; when the constable came in order to take them all up, they told him Gillfoy's husband
Q. What time did you go into that house?
Kemp. We went there between eight and nine at night; one of my companions had offered half a guinea to change.
Q. Did any of your company go out and stay a while, and then come back again?
Kemp. No body went out.
Q. Were the three women in your company all the time?
Kemp. No, they were not.
Q. Did you before the Justice charge the husband with having a hand in this affair?
Kemp. Yes, I did.
Kemp. The Justice said all that were in the house ought to be taken up, so he had a warrant against him.
Q. Had you drank pretty plentifully?
Kemp. Yes, we had; but I was as sober as I am now.
Q. Are you sure you lost a guinea?
Kemp. I am, I just before had received it.
Q. Are you sure you had it in your pocket when you was in that house?
Kemp. I am sure I had, besides I felt her hand in my pocket.
Q. Why did you not aprize the others of it, and get them immediately secured?
Kemp. I was afraid of my life, being in a strange country, I did not know what to do.
Q. What become of the three men during the time you was there?
Kemp. They all abode in the room, that is Bennings, and two of the other men.
Q. Were your company drinking with them after the hanger was drawn?
Kemp. Yes, the man and woman insisted upon calling for liquor, and upon our paying for it.
Q. How long after the hanger was drawn did you drink in their company?
Kemp. About half an hour.
Q. Was this drinking together after you lost your guinea?
Kemp. It was, the door was locked and I was afraid they would not let me out.
Samuel Bennings . I am a Sailor; on Sunday at night, 3 weeks ago last Sunday, I was coming by Gillfoy's house, about ten at night; I never saw her before, seeing a light I went in and asked for a lodging; she told me I might have a lodging, I asked her what she sold, she said twopenny, I called for a pint and paid for it. I looked round me and saw four Dutchmen, the Prosecutor was one of them, the other Prisoner was there, the Dutchmen were running up and down stairs with these women, playing with each other, I found I was in a bad house, and was going away; Gillfoy's husband begg'd I would stay, and told me I should have a lodging presently ; one of the Dutchmen came down stairs and asked me to drink with him, his name is Henry Lowders ; I was very unwilling to go into company, they asked me two or three times.
Q. In what room was this ?
Bennings. They was in the kitchen, and I was in the shop standing by the counter, he brought a pint of beer in his hand, and told me he had paid for it, then I called for another, a little while after that I heard a sort of a wrangling among them, we had not joined company at that time; the woman of the house, Gillfoy, wanted to have her reckoning of them, which was ten-pence as she said, they said they would give it her presently, after they had been out, and got some money, one of them said he was unwilling his money should be seen in the house, this he said to me going out at the door, two of them went out, then they came back again and said they had brought some money with them. The woman at that time demanded sixteen-pence, which they gave her; they were then for going away, then Gillfoy's husband went out and brought in a man with a naked hanger in his hand, he had a white coat on; and another with a stick in his hand, and himself had a stick; the Dutchmen were all standing up, the door was shut upon them at that time; the prisoner Gillfoy attacked Henry Lowders with a naked knife at the door, and demanded his money of him; he kept struggling with her, the man struck at him with the hanger, he lifted his hand up to prevent it, and the thick part of his hand received the blow: (Lowders shewed the cut, between his little finger and his writ, asther towards the inside of his hand, a large cut;) a little after that, they were all let out, I staid in the house; she came to me and demanded my money of me, I was afraid to go out; I gave her six shillings and a half guinea in gold, when I was taken out of bed the next morning I demanded it, and she gave it me again, and bid me
Q. What time was this?
Bennings. This was about ten o'clock in the morning; I was sent to Clerkenwell bridewell by justice Rickards ; the prisoner Gillfoy told me I should be bailed out, and her son and daughter came often to me, and desired me to hold my tongue, and I should soon be out.
Q. Did you see Gillfoy take any thing from Kemp?
Bennings. No I did not.
Q. Did you see Kemp prevent the hanger from striking Lowders?
Bennings. No I did not.
Henry Lowders . (He speaks by an interpreter) Between eight and nine at night, three weeks ago last Sunday, we were all four called into a house by a woman, (I don't know who) I never was there before, nor don't know where the house we went in, the prisoner asked us if we would eat any thing; we had some cold meat, for which they charged each of us a shilling, we paid it, then her husband went out and brought in two men, one had on a white coat, the other a blue one; they both had hangers, he with the white coat chopp'd at me for nothing at all; I held up my hand to prevent the blow and got this cut, &c I called upon my comrade, he came down stairs and catched hold on the man's arm, or I had been cut in two with that very stroke ; then the old woman Gillfoy locked the door, and got hold on my collar, and tore my jacket, and was going to throttle me, she had something in her hand, but I was in such a fright, I can't tell whether it was a knife or any thing else; she rifled my pockets and took out three guineas.
Q. Did you see her take any thing out of Kemp's pockets?
Lowders. I did, that was presently after, the man with the white coat had hold on him at the same time; I don't know how much she took, but Kemp said afterwards it was a guinea; after this the old woman consented I should go out by myself, but not the others; but I would not go without my comrades, so we all four went out.
Q. What did the other prisoner do?
Lowders. I can't say she did any thing.
Q. Was her husband by when she put her hand into Kemp's pockets ?
Lowders He was, I begged him at that time to let me go out, and he shoved me down.
Q. Was her husband in company at the time?
Lowders. He was there all the time, whom she called husband.
John Peter Arms . ( Speeks also by an interpreter) I was one of the four that went into this house at that time; we were called in by somebody, but don't know who; I never was there before in my life; we had some two-penny, two of us had no more money; we had some victuals also, for which they charged us a shilling each, and a shilling for one of the girls that eat; I went up stairs with a woman about two hours, when I came down stairs the house was all in an alarm; I could not tell what was the matter, I saw a man in a white coat with a hanger, I took hold round his neck and begged he would not hurt my comrades, but let us go; my comrade was cut before I came down.
Q. Did you see the money taken from Kemp?
(The other Dutchman was in a room above the room he was in at that time; so he was not called as an evidence.)
For Gillfoy's character.
Thomas Eades . I have known her a twelvemonth, and have been in her house several times, and never saw any other than honesty by her; I have lodged there several times, with money in my pocket, and never lost any.
Christopher Moley . I have known her 14 or 15 years; I knew her in Dublin, she kept a house there; I never heard of any robbery she did but this, I believe she was never guilty of a robbery in her life.
Q. Was not you an evidence here about a forgery?
Moley. No, I never was.
Moley. Yes, he is lame of his knee.
Q. Where is he now?
Moley. I don't know.
Q. Was he able to fight two or three Dutchmen with a drawn hanger?
Moley. No, not he.
Q. Do you know her husband?
Hage. I do, he hurt himself some time ago, and is a little lame.
Q. to Kemp. The man she called husband is a tall man, but I did not perceive him to be lame.
Q. to Bennings. What sort of a man is Gillfoy's husband?
Bennings. He is a very lusty man, he is not lame.
Q. to Lowders. Is her husband lame?
Lowders. He ran backwards and forwards with beer in his hand; I did not perceive him to be lame at all; he drew the beer.
Gillfoy guilty , Death .
Woodbridge Acquitted .
The evidences for the crown deposed as in the former trial.
Prisoner Gillfoy. He was not up at all when they were there.
Q. to Nevill. Where were her two sons?
Nevill. They were both at home; I lodged in the house that night; I saw the men pay their reckoning.
Q. to Bennings. Did you see this man in the house that night ?
Bennings No I did not. (The four Dutchmen answer the same)
Anstiss Birmingham. I lodge in Gillfoy's house; these four Dutchmen came in when I was gone out; I returned between 7 and 8 ; she said to me, here is some Dutchmen come, and I don't understand them; I was curious to talk with them, so asked them where they came from; they said from Hamburgh ; I had lived there 12 years, and could talk the language; I asked 'em some questions, they called for Twopenny and victuals, and seeing me a poor woman, desired Mrs. Gillfoy to let me have some victuals, and they'd pay for me ; once they wanted to pledge a waistcoat to pay the reckoning; one of the prisoners said no, that is the way a man had lik'd to have lost his life once by a Dutchman: upon my oath I never saw a hanger drew upon any body; I left them all good friends, and went to bed; I lay behind the counter in the shop, with the children; Bennings had been in the house about half an hour before I went to bed. I never saw no ill usage.
Q. How many men were there in the house?
Birmingham. There were the four Dutchman, Bennings, Nevill, and I believe the man of the house.
Q. to Bennings. Did you see this witness there ?
Bennings. I did, she was very drunk, and the other prisoner at the bar said, if she would not go to bed, she'd turn her out of doors, so she went to bed, and was asleep when the Dutchmen were robbed.
Lowders. This evidence Birmingham came on board our ship afterwards, and desired us to make it up, she said they would give us some money so to do. The other three Dutchman said the same.
Gillfoy guilty , Death .
The Court would have committed Nevill and Birmingham to be tried for perjury, but the Dutchmen could not possibly be in England to prosecute, so they were let go.
Mr. Siden. I am clerk to Mess. Masson and Stanhope, they are agents for the Hector man of war, for prizes taken in June 1747, which we call the St. Domingo fleet.
Siden. (He produces a book.) There appears to be due to him 25 l. 19 s. on the first dividend; the 2d dividend is 3 s. and 6 d. he is noted dead in the book.
Bennet. He was about 23 or 24 Years of age.
Edmund Mason . I am agent for the prize-money for the King's ship the Hector, there came a woman, in the name of Elizabeth Tingle , to me at the navy-office, with this administration, ( holding one in his hand) telling me she was the daughter and only surviving child of Richard Tingle , late a Marine o n board the Exeter, and that thereby she became entitled to his share of prize-money; upon which I examined the books, and found his money amounted together to the sum of 26 l. but as I observed that share had lain undemanded for three years, I was induced to ask her several questions; one was, how she came not to know of her father's death sooner? she gave me no account of her father's death but this, she said she had met a man in the street, who had told her her father was dead, and that he had paid for the administration, and sent her there; she went away and no claim was made till the September following, then I had a letter from an attorney Mr. Preoham of Barnard's Inn, who made use of her name, and said, unless I paid her the money, he was to file a bill in Chancery against me: I wrote him for answer the reasons I had to suspect it a forgery, so the thing dropt for two or three weeks: in the month of October, Predham's clerk came to me, with the prisoner at the bar, who said she was Aunt to Elizabeth Tingle who was then at Rochester, and that she came to demand the prize-money for her Neice; she called the deceased her brother, told me of his death, and how she came to know of it, and produced a certificate from the commissary: from her account of herself and her Neice I was apt to think the thing was really so; she said her Neice staid at Rochester to look after children, the while she came for her money: I said if her Neice could not come, she should make a power of attorney to her, and get it under the hand of the Mayor of Rochester, and I should make no objection to paying the money; she seem'd satisfied, and went away, I saw her again in a few days with the clerk, and she gave me a sort of a rough draft of an affidavit, describing herself Aunt to Elizabeth Tingle , and that she was the only child of Richard Tingle , deceas'd; and desired to know if that would do; then I alter'd it myself to make it as strong as possible; then she went away determining, as she told me, to go to her Neice at Rochester, and make oath, &c. asI desired her to bring a letter of attorney, she said she could and would, in the beginning of last November she came to me again, with this clerk, and said, now she had brought all the papers, and hoped I should have no objection to the payment of the money : she brought this affidavit ( holding one in his hand ) which she own'd to be her own handwriting, and which she had sworn to; she also produced this letter of attorney; I asked if that was the work of Elizabeth Tingle , she said it was, saying it was her Neice's Mark (that is the mark to the letter of attorney ) she said she hoped I'd pay her the money then; I asked her where was her authority from her Neice? she told me the Mayor had promised to write me a private letter, and she left the paper in my hands: she repeated her solicitations frequently from that time, and to know if I had received a letter from the Mayor of Rochester, and was so extreamly solicitous as to say she thought I had received one, and kept it back, because I would not pay the money: then I said I would write a letter to the Mayor, and if I did not receive an answer before the 23d of November, I would pay her the money; I happened to hear it was all a piece of forgery: she came no more, and in two or three days after I found her under another name at the navy-office, and she was detected.
Joseph Harwood . I am clerk to Mr. Predham: Elizabeth Tingle , or a woman in that name, had been at our office to receive prize-money, which she said was due to her father ; she brought an administration, and after that went to Rochester, and the prisoner came to us as her aunt, about the beginning of October, to receive the money for the use of her neice; as she called her, saying, Elizabeth Tingle was at her house. I had been at Mr. Mason's, on the 27th of September, to talk with him from Elizabeth Tingle , with a letter of attorney, which was brought by one Richardson, a waterman, to empower my master to take the money: the prisoner came the morning after; when she and I went to Mr. Mason's office in Talbot-Court, she said to Mr. Mason, that she hoped he'd pay her the money, for it was due to one Richard Tingle , her sister's husband, and that she was aunt to Elizabeth Tingle , and was ready to make affidavit of it. I saw Mr. Mason correct the affidavit, and the prisoner sign it afterwards, at a publick house near London-bridge.
Elizabeth Richardson . I live in Castle-street by Long acre. The prisoner liv'd almost three quarters of a year next door to me: one Henley gave me the power of attorney, I believe it was about four months ago, at my lodgings in Castle-street, they called it an administration, to go to Mr. Mason's; it was on parchment: I went and demanded the money in the name of Richard Tingle : my husband went with me a part of the way to shew me: when I came to the Navy-office I shewed the gentleman the things; he asked me many questions, one was what was my father's name, which I said I had forgot; he then told me if I did not go away about my business he'd charge an office with me. I went back and told Henley, who said he did not know what to do about it. I then told him I would have nothing more to do with the affair: upon which he took the things from me, and said he'd see for somebody to get the money: he came to our house some time after, and told me he had been in company with a lawyer that would take the thing in hand: after that I went with him to Mr. Predham's; he was not at home, but we saw his clerk; in the evening we went again, and found Mr Predham; he asked me if I was the real daughter of Richard Tingle ; I answered yes: then said he, I'll have the money of the gentleman. I never went after I left the things. Mr. Henley ordered the prisoner, I and my husband to go to Rochester about a month after; we were to take a lodging there and stay some time, that we might be known by the Inhabitants, to be able to answer, if there should be any questions about her living there, and then we were to have the power of attorney done. When we were there the prisoner said she would not go to have the Mayor see her face, so she staid at the Blackmoor's head, and my husband and I went; for she was to go after to make an affidavit that she was my aunt. My husband and I carried the letter of attorney to the mayor; it was read there, and I put my mark to it at the bottom before the Mayor: then the prisoner desired me to go no more; my husband put a name to it as a witness, but it was not his own name, it was James Low ; after that the mayor wrote his name. When we came back the prisoner took it and said it would do very well: I believe we came to town that same night: then Richardson and she wrote a letter at home, and put that power in it, as though my aunt had sent it up to him.
Q. Is the prisoner your aunt?
E. Richardson. No; she is not a-kin to me: I have been married to Richardson almost three years.
Q. How old are you?
E. Richardson. I am twenty-four years of age next 22d of June.
The Mark of Elizabeth + Tingle.
Q. Who put the seal near your mark?
E. Richardson. The mayor put it on, and I took it off.
The Affidavit read.
Sworn before me Andrew Long, Mayor.
E. Richardson. No, I don't know any thing of such a man.
Q. How old might he be was he now living?
Jepson. He was about thirteen years of age eight years ago; he is dead; his father is living, and entitled to the money.
Q. Do you think he was old enough to have a daughter as old as the last witness?
Jepson. It is impossible; besides he never was married.
Mrs. Richardson told me her father was dead, and she had administered and made a power of attorney to Mr. Predham; that Mr.
Guilty , Death .
The prisoner is the same person who appeared an evidence for John Edwards , by the name of Margaret Thompson , and was committed for perjury, (see No. 14, in Pennant's Mayoralty) and in the name of Mary Smith , to swear against J. Coppinger, (see No. 616, in Blachford's Mayoralty.)
Ignatius Jones . On the 10th of this month, between seven and eight o'clock in the evening, running out of Cornhill by Bishopsgate street , I observed something twitch my pocket ; I turned round and looked: then I saw the prisoner's hand near my pocket, with my handkerchief in it; he ran away near Gracechurch-street with it in his hand. I called out a pickpocket, and a person in a court hearing me, pursued the prisoner, and took him. He put his hand in his bosom, and took out my handkerchief. (Produced in Court.) He was taken within twenty yards of me, and was not out of my sight all the time.
Michael Morris . I was going along Cornhill, between seven and eight in the evening on the 10th of this month: I heard somebody cry a pickpocket; the prisoner came running across the away; I ran and took hold on him in about twenty yards running. Mr. Jones came up. I put my hand in the prisoner's bosom, and took a handkerchief, which Mr. Jones said was his.
Of both Acquitted .
Guilty 10 d .
189. (M.) John Porter , was indicted for stealing eighteen pewter plates, value 9 s. one silk gown, value 10 s. one crape gown, one quilted petticoat, one damask table cloth , the goods of Morris Archbolt , Jan. 20 . +
Morris Archbolt . I live in Edward-street, Bethnal-green ; on the 20th of January, between twelve and one at noon, I and my wife was above stairs, she went down, and I heard her cry out she was robbed: I went down, where I saw the chest of drawers drawn part out, some linnen, and other things that used to be kept there, put into an apron spread on the floor; the plates that were gone from the shelves were found in a silk gown of my wife's in the shed in the yard. I went in quest of the thief; a little boy said he saw a man jump over the pales.
Thomas Bean . I am a neighbour to the prosecutor; after a little boy had described the prisoner, we went and took him at the ship, the corner of St. John's-street, Brick-lane. In going before the justice, the prisoner owned he had done the fault, and said he hoped I would make it as easy as possible.
William Feavour . On the 20th of January, between twelve and one, I saw the prisoner at the bar jump over the pales from Archbolt's house; I was about twenty yards from him, he ran away, and presently after the people came and said they were robbed.
Joseph Gray . I am a watchman of Rathbourne Place ; Sir Francis Head 's house is there; about nine o'clock at night I had information, that two iron bars were gone from the rails at his door. I went to the end of the street, there I saw the prisoner sitting on some logs at the end of Rathbourne Place, and was tying up two bars in an apron. (Produced in Court) I took him and the bars; I compared them to the place where they were taken from, and know them to be Sir Francis's property: I found an old chisel upon him, with which I suppose he broke the stone they stood in.
As I was going from Fleet-market, I sat down upon the logs to tye my stocking up, I saw something lie white; then I took my apron off to wrapt them in, and designed next day to enquire who had lost such things; the watchman
Guilty 10 d . +
192. (M.) Jane, Wife of Richard Batchelder , was indicted for stealing one linnen gown, value 10 s. two cloth cloaks, two aprons, four linnen handkerchiefs, one linnen cap, the goods of John Trustey , No 22. + Guilty 10 d .
The prosecutor having lost six hats at several times out of the shop, to catch the thief, he got a small bell and fastened it on the inside the crown of his hat, and laid the hat on a chest as usual, and fastened a pack-thread of about a yard long to the next chest; in a little time he saw the prisoner coming into the shop, he secreted himself; presently the bell rung, he steps out, there was the hat hanging down by the side of the chest it was fastned to, and the prisoner by it.
The prisoner said she went into the shop to know if they wanted any second hand glass bottles; and as she was there the cat jumped on the hat and made the bell ring.
195. (M.) Mary Kemp , spinster , was indicted for stealing one pair of black breeches, one bolster, one quilted cover-lid, two blankets, one pair of stays unfinished, and other things the property of William Rimel , Feb. 11 . * Acquitted .
196. (M.) Elizabeth, the wife of Walter Bedford , was indicted for stealing two linnen sheets, one copper tea-kettle, one copper stew-pan, and one looking-glass, in a lodging-room let by contract, &c. the property of James Swaine , Feb. 15 . * Acquitted .
197. (M.) Anne Goadin , spinster , was indicted for stealing two linnen shirts, the property of Edward King , two pair of shoes, one silver handled knife, the property of John Cope , Esq; one linnen shirt, one stock, one stock buckle, one linnen handkerchief , the property of John Taylor , Jan. 29 . ++
Edward King . I went into the country with Mr. Cope my master; I returned in a week's time, we found there had been an advertisement of goods being stopped, and we missing the things mentioned, I was sent to see them; the woman and the things were brought before Justice Fielding, I swore to my two linnen shirts; the knife and the shoes were my master's property; the prisoner said a man gave her the shirts to wash ; the shoes and knife were done up in the bundle, which she found when she opened them.
John Taylor . I am servant to Mr. Cope, I went to see the people go to the masquerade on the 29th of Jan. about ten o'clock; I asked two men to go with me, instead of going there I went to the Spread Eagle, and drank some Dorchester beer; then the two men took me into a house, and gave me a dram, I told them I had no money; then they took me to Covent Garden, to the French Horn, there they brought in the pri soner; from thence they brought her down Catherine-Street, they were shut out, so they came to lie along with me at my master's lodging: this was about twelve at night, master was out of town; the prisoner was with them; I found myself very sleepy, I went to bed, and they three were up in the room.
Q. What were the mens names?
Taylor. One is called Richard Cooper a Soldier, and the other Daniel Merchant a Glazier; when I awakened the two men were in bed with me, and the prisoner was gone, and the things mentioned in the indictment missing.
Q. Was you fuddled ?
Taylor. They had given me a good deal of beer; I was not drunk, nor I was not sober; I saw the prisoner before the Justice, and the things, and know them to belong to my Master, my fellow-servant, and myself.
Q. Did you give the prisoner these things?
Taylor. No, my Lord.
Q. Were they all in that room?
John Yates . I am watchman in Drury-lane, on the 29th of Jan. about four in the morning, I took the prisoner in Newtoner's-lane, with these things in a bundle folded up in her gown, I took her to the constable of the night; we took her to Justice Fielding in the morning; she could give no account of the things; so we advertised them, and the evidences came and owned them; at last the prisoner said she had the things in the Savoy, that two men had took her in there and given them to her.
I had been out a little late, and happened to come into that company; we played three or four games at cards, they made me a little in liquor; one of them gave me these shirts, and said they were his own.
198. (M.) Joseph Moresley , otherwise Moseley , was indicted for stealing one fillagree watch and twezar, val. 2 s. nine pair of buckles, seven knives, one pair of nutcrackers, three nutmeg-graters, and other things , the goods of Zachariah Wootton , Jan. 24 . * Guilty .
200 (M.) Thomas Endersby , was indicted for stealing one picture set in gold, val. 6 s. one gold ring set with a ruby, and four small diamonds, one pair of silver buttons set with Bristol stones, five half guineas, six tea-spoons, eight Holland shirts, val. 3 l. and other things, the goods of Cecil Trafford , in the dwelling house of the said Cecil . Dec. 3 . ++ Guilty 39 s .
201 (M.) William Foster , was indicted for stealing one cloth coat, one cloth waistcoat, one linnen waistcoat, one pair of leather breeches, two linnen shirts, two pair of worsted stockings, two pair of shoes, one hat, and one wooden box, the goods of William Cook , in the dwelling-house of Samuel Courson , Jan. 20 . ++ Guilty 39 s .
The prisoner being a foreigner , he was, at his own request, tried by a jury of half foreigners.
Peter Fargues . I live at Hoxton; my nephew, William Fargues , the deceased, came to my house on the 11th of June, supped with me, his father, and brother, and went from my house about 9 or 10 minutes after ten o'clock; he had on a brown coat, and a light colour'd waistcoat ; I know nothing of what money he had about him.
Peter Pargues . My brother, the deceased, supped with my father, my other brother, and my, at my uncle's, the other evidence, at Hoxton: a little after ten o'clock he took leave of us, to go home by himself to King-street, Guildhall I know he had his watch about him, but don't know what money he had; he had on a mourning coat and a linnen waistcoat, no stick in his hand, or any thing to defend himself.
Emanuel de Rosa . I am no relation to the prisoner, but have been acquainted with him about three years, in forgeries, in taking other peoples money : He came to me in my lodging near the Maypole in East Smithfield, about nine at night, on a Tuesday; he took me to the top of the Minories, there we found Fullager ; we went all three through Houndsditch, and into Moorfields towards the Barking Dogs; there were many people walking there; the prisoner said he wanted some money that night, and bid us come along and not be afraid of any thing; we went backwards and forwards for about a quarter of an hour, thinking it was too soon to attack any body till about 10 o'clock; then the prisoner said, let us cross over to that road, meaning by the Barking Dogs ; we did, and the Gentleman that was murdered was coming along in the middle of the road alone; the prisoner asked him for his money; he said, gentlemen, I have no money for myself ; then Fullager gave him two or three blows on his head with a stick, which had a piece of iron on it. upon which he turned round, then he struck him on the back part of his head; he did not fall; then the prisoner bid me lay hold on his arm, I did; then the prisoner took a knife out of his own pocket and stabb'd him about the breast and body as fast as he could, 5 or 6 times; at which time Fullager struck him near the ear, he then fell against the pales; Fullager and he searched his pocket, after which the prisoner shewed me eleven shillings and no more; then we went to Tower-hillWilliam Fullager , in it, so I sent for the prisoner; when he came I had him taken up. (He is shew'd a knife the blade about six inches long.) This is the knife with which he stabb'd the man. (The coat and waistcoat produced with holes through e. ch ) Peter Fargues said they were the cloaths his brother had on when murdered. (The knife and holes compared and agreed as well as could be expected.)
Isaac Hendrop . I live at Hoxton ; on the night the murder was committed I was going home about a quarter after eleven; when I came to the step, in upper Moorfields I heard the guns going off in the Artillery ground, it was a day that the Artillery went out; when I came within about 20 yards of the body, I saw two men standing by it; this was in the Barking Dogs walk I came up to them and said, holloe ! what is the matter? one of them said, I believe a gentleman is here murdered; I found the body in a strange posture lying by the side of the pales, in a deep rutt, partly on one side, with his hat and wig off; I took hold of the hand, it was very warm; I lifted the body up, he seemed as if he would have spoke if he could; I laid him on his back, he was so limp that he would not lie as I laid him, but he fell down again; then these two men said, you had better not meddle with him, you may be brought into bad bread. I said, I was well known there. (These were men going by, I don't suppose they were the men that did him the hurt.) I saw some blood, and could feel a quantity with inside his cloaths. I went to go to the sign of the Two Asles, and met two or three man with a lanthorn; I went back with them to the man in about ten minutes, I then took hold of his hand, and found a great alteration in him; he was then lying almost on one side quite dead, (he had life when I left him) he had on the very same coat and waistcoat produced here, which I saw on him then, and the next morning at the watch-house.
Robert Riman . I am an undertaker, the deceased was brought to my house; I buried him; when my servant had wash'd the body, I saw one wound under the left pap, and two lower on the right side; a bruise on his head, and a small orifice under his ear done by some small thing, and several brusies on his face.
William Etheringham . I am fourteen years of age. (He answered well as to the consequence of false swearing, after which he was sworn.) On the eleventh of June I was in Hoxton road, I went for my master Adkerson, who had been among the Artillery company; the moon was up, but it was a sort of a misty night, the moon at that time was in a cloud; as I was going to the Artillery-ground, I saw three men standing together about a hundred yards from where the murder was committed; two of the men were for size like the evidence and the prisoner, but I don't swear to them; they seemed to be going backwards and forwards; when I came back I told my master of these men which I had seen as I was going; that they were sauntring about, they did not seem to go one way or another, I thought they intended no good; my master said keep a look out, we'll take care of ourselves; after my master had turned at the corner, he called out, Jack, Tom, or such like names.
Q. to the accomplice. Did you see such a lad as this, that night?
Accomplice. I did, he was alone.
Gabriel Rosinear . I am a Surgeon, I examined the body the 13th of June last, when the Coroner sat on it; there were two wounds on the left side of the breast, one penetrated quite into the body; the other not so far, that went against a rib; the deep one I believe must reach the heart and lungs, the breadth was about an inch and a quarter; he had another wound near the pit of the stomach, rather to the right, it went upwards into the body four or five inches; there was a wound on the lower part of the ear, into the neck, seemed to be a very narrow one; I apprehend that might be a mortal one (he is shewed the knife, coat and waistcoat, he observed the wounds in the body seemed to him to be given with the knife; he compared the knife to the cuts on the coat, they fitted exactly; the cuts in the waistcoat were not so big as them in the coat or body: which being linnen would easier give way to the knife
John Morgan . I was at the taking the prisoner about seven or eight weeks ago; he endeavoured to get a knife out of his pocket; one Haines, who was with me, took this knife which has been produced from him.
Elizabeth Drakefield . I have known the prisoner two or three years; and the evidence likewise ; the evidence lodged with me; on a Tuesday night in June last, about candle light I heard somebody ask for the evidence, I went two or three steps down stairs and saw it was the prisoner; they both went out together afterwards; the next morning I heard of this murder, by a woman that lives near the Barking Dogs; the woman below told me the next morning the prisoner came in about twelve o'clock, I was asleep and did not hear him.
Mary Wynn . In June last I lived at the house of Elizabeth Drakefield , the evidence lodged there at that time; the prisoner came to ask for him; they went out together, I can't tell the day of the month; but I know I heard an old woman, who sells old cloaths, say the next morning, Lord bless me, what a murder has here been committed last night.
This is all malice, the evidence wants to take away my life for the reward.
Richard Black . I live in the Old-Jury, and did in June last; the prisoner lodged at my mother's in Hounsditch, I remember on Sunday night, the 9th of June, I came to my mother's house. I had these cloaths on new made which I have now; when I came away the prisoner gave me a pair of scissars to put a revit in, and desired me to bring them as soon as I could, saying they were for his wife ; I came there on Tuesday the 11th at night, I asked for him; my mother told me he was very ill? I said how long has he been ill, he was not on Sunday; my mother said he was taken till that day; I went up stairs to him; I can't say whether he was in the bed or not, he was upon it; his great coat lay on the bed, and his other cloaths hung on the back of a chair; his hat and wig hung up, and he had a red cap on: I had no conversation with him; giving him the scissars he said he was not very well : and seemed as though he had a cold upon him.
Q. Was he so bad that he could not stand on his legs do you think?
Black. I can't be sure of that, he had taken a sweat that night; I came from my mother's house about a quarter before ten, and left him very ill in bed.
Dorothy Black . I am mother to the last evidence; the prisoner lodged at my house ever since the February before this, to almost the latter end of July; he is a mighty sober gentleman; my daughter came from Barn-Elmes on Saturday the 8th of June, and staid to the Monday morning; I saw her take water then to go to Hammersmith; on the 11th my son came to ask about his sister's getting home: he asked if Mr. Rose was at home; I said he is above, not well; he eat middelingly that day at dinner, of a little hand of pork; he got a great cold, I gave him a sweat, he was not out that night before 11 o'clock; I went up stairs a little after eleven o'clock; I heard his wife and him talking together, I wished them a good night, and they wished me the same, I had locked up my door myself, my husband was then out of town.
On her cross examination, she said she knew the evidence by sight, he has come to her house several times to the prisoner, between February and June last, and some times they have gone out together; they seemed to be very well acquainted.
James Summers . I have known the evidence Rose two years and a half; he and I were going out to rob together, he told me he robbed a woman at Tower-hill, and thrown her into the ditch afterwards; when he was brought into Bridewell, I was there, he, I, and two others lay in one room; he said I will speak of this murder, said I if you know any thing of it, now is your time; said he I can bring in one, another person said, if you don't hang two, you hang yourself ; then he asked me whether he could bring in an Englishman, I said yes, if he had a hand in it; then he said I'll bring in Fullager; then he sent for the News-paper and asked what time it was done, the man that kept the tap said, I don't like this man; he talk'd about nothing but the reward.
For the Crown.
George Tunks . I am a sheriff's officer. Last sessions this evidence, Dorothy Black, was waiting here to give evidence for the prisoner (but the trial was put off to this sessions.) She was sitting upon a bench under the stairs in the passage: I sat down by her; we sell into discourse about the prisoner, and had a good deal of conversation about him; she said she could give him a good
Q. to D. Black. What say you to this, is it t ruth ?
D. Black. I had no conversation with him at all, only a little discourse and talking. Guilty Death .
He being a foreigner was tried by a jury of half foreigners, at his own request, and had an interpreter sworn.
Mary Tiboe . The prisoner and his wife lodged in my house about three months before this thing happened: I live in Hog-lane . On the 27th of January , between eight and nine o'clock in the morning, I heard a violent groaning over my head; I went up stairs to see what was the matter; I heard it again as I was going. I went to the prisoner's door, and said, For God's sake what is the matter, open the door. Nobody answered. There were other woman that lived above came down to his door; they heard it, and told me I should break open the door: I ran down to the street door, and called out for help, and said somebody had come to ill use my lodgers. As I turned to go up stairs again, the prisoner was going out of his room with his key in his hand, having locked his door: I asked him what was the matter; he answered, Nothing ; and came down stairs: the women being nearer him than me, asked me what he said, as they did not understand French: I told them; they said, O a rogue, his cloaths is all covered with blood. He went to the street door and was stopped by Mr. Whitson, who asked him for the key of his room; he pretended at first not to find it: he went up to his room and broke the door open: Mr. Whitson spoke to him in English: I believe the prisoner understands English enough to know what he said. The prisoner told me afterwards, that the deceased, he and his wife, had breakfasted together; after which he sent his wife with some linnen to wash, and he shut his door as usual: when the deceased found the door was locked he demanded money of him; that he answered, he was a poor man and had no money but what he worked hard for; that then the deceased took up the knife to kill him, and that the knife was the deceased's. I told him, if he had cried out any body would have come to his assistance. I was examined before the justice, where I said the knife produced was the prisoner's, and that a five weeks ago he came down to me to have it ground; there the prisoner owned the knife. Upon the Friday before this happened he asked me whether the necessary house went into the river, or whether I ever emptied it: he told me he had dropped a tin snuff-box in it: I answer'd, if it was a silver one it would not allow emptying it for that ; that I had lived there five years, and never knew it emptied. I did not see the deceased come; there is a passage to go to the prisoner, and he might come that way without my knowledge. I saw the deceased after he was dead, lying, but I could not bear to look at him; I saw a great deal of blood all over the chairs and drawers. His wife did not return till three days after; she was gone out before this groaning.
Q. Did you hear any thing besides the groaning?
M. Tiboe. I heard a sort of a struggling in the room as if it were two men fighting; I heard no words pass, nor blows. I saw the prisoner's fore finger on his left hand, and the third on his right hand were cut; I saw no cuts on his cloaths, he looked very ghastly, like as if he was affrighted.
Christopher Whitson . I took the prisoner as he was going out at the street door. As I was passing by about nine o'clock that morning, there were two girls standing at the door, and said they cry'd murder within: he had a napkin wiping his hand, extremely bloody, as though he had fell into a pool of blood: he made no-resistance. I asked him how he came to be so bloody; he shewed me the end of his finger which was bloody, and talked in a foreign language that I did not understand: the women said he had locked his door, and they could not get in; then I demanded the key of him ; immediately he answered montea le beaut : which I understood to be up stairs: no, no, said one of the women, he has taken the key with him. I again asked him for the key, and insisted upon having it: he again answered, montea le beaut. I desired the people to take hold of him while I went up and broke the door open; but nobody cared to do it: then I took him up stairs; there I demanded the key resolutely, and threatned him : by his motions I understood he had not got it, or he would not give it me: I clapt my shoulder to the door
Q. Did his wound appear to be given as he might be endeavouring to take the knife from the deceased ?
Whitson. No, it did not: if so, it would have been on the inside, but this was not.
Mary Roberts . On Monday was three weeks as I was coming along Mr. Tiboe called for Christ's sake fetch a constable, for here is murder in the house ; I went in, and up stairs there were two women on the stairs, I said to them, why don't you break the door open; they said we dare not ; I pushed against it but could not open If, somebody called out in the room in French, that he would open it : they gave me a hammer to break the door ; the prisoner came out at the door and shut and locked it, and put the key in his pocket; he was all bloody, I held him by the sleeve of his coat, and made a terrible noise; he pushed very hard against me, then Mr. Whitson coming by when he was got down to the street door, took hold on him, I went up stairs when he had broke the door. (She confirms the account of the deceased lying in his gore and the blood about, &c.)
Thomas Broomhall I am a constable ( net he who refused to come) I heard a talk of murder at the bottom of Monmouth-street, I took hold of the prisoner and took him to Justice Fielding's, he was all bloody: I went afterwards to search the prisoner's room, I found a deal of blood about, also some bloody rags; I observed some body had been searching the deceased's breeches pocket of the right hand, one was half turned inside out, but there where many people in the room
Q. to Whitson. Did you observe the deceased's pockets ?
Whitson. I did not, I looked more at the wound than any thing else.
Margaret White I was lodger in this house ; in a room above the prisoner, about half an hour after eight that day, I heard many dismal groans, very terrible ones; I called another woman who lodged in the house; we went to the prisoner's door, the groaning was ceased by that time; we stood and heard a voice talking as though there were company in the room, we heard like a laughing, but I can't say I heard above one voice, we insisted upon having the door open; he opened it, and held it a little way open and asked what we wanted.
Q. Was that in English?
M. White. He said (vat you vant, all be very vell here ) I seeing part of his left shoulder, and that bloody, I called out murder, he locked the door, I went up stairs to put on a handkerchief, which was about four or five minutes at most; while I was gone he came out and fastened the door; and was going down stairs, but was secured. She exactly agreed with the former witnesses in the rest of the evidence.
Salomey Ireland. I lodge in a two pair of stairs in that house; about half an hour after eight that morning, I heard a dreadful groaning; I ran down with a hammer in my hand to the prisoner's door; in some space of time he looked out and said nothing was the matter, all was well there, then shut the door and locked it; he being within side, we seeing him very bloody, called out murder; the rest as the former witnesses.
Carloe Valte. I have known the prisoner in Genoa, I know the prisoner and deceased were used to be friends, and have been often together.
Axtonio Arcrety. I heard the prisoner tell the deceased the Monday night before this thing happened, to bring some of his goods with him, and come soon in the day, that day he
The prisoner in his defence said, he was formerly a papist priest, and had changed it to that of the protestant religion; for which he was envy'd, and in danger of his life, by the deceased, and other catholicks; and this was done in his own defence, &c.
Guilty , Death .
207. (M.) John Malone , was indicted for breaking and entering the dwelling house of Anthony Evans , January the 1st , and Margaret wife of John Chambers , for receiving some of the things he stole from thence
Malone Guilty of felony only .
Chambers Acquitted .
The trials being ended. the court proceeded to give judgment as follows:
Received Sentence of Death, 14.
James Hays , Richard Broughton otherwise Branton, James Davis , John Powney , John Andrews , Anne Willson , Mary Gillfoy , William Girdler , Anthony de Rosa , Joseph Geraldine , Thomas Huddle , Barnard Agnue, Thomas Fox, Thomas Gale .
Transported for 7 Years. 35.
Hudy Bang, Roger Wooldridge , Margaret Cavendish , Peter Walker , John Scrivner , Thomas Brockley , Jerwise otherwise Jarvis Shay, John Thorne, Robert Allison , John Carr , William Rogers , Michael Ainsworth , John Martin , Francis Rowel , Richard Bulline , Benjamin Jefferys , Joseph Burgess, Thomas Barnes , Eleanor Gready , Joseph Putterworth , William Beadle, Anne Goadin. Adam Grant, Joseph Meresley , otherwise Moseley, Mary Brown , Anne Kendrick , William Foster , John Porter , William Neal , Anne Hilton , Thomas Endersley , William Mace , Elizabeth Broom , John Malone, John Lewis .
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