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.
BEFORE the Right Honourable THOMAS WINTERBOTTOM , Esq; Lord Mayor of the City of London, the Right Honourable Lord Chief Justice LEE *, the Honourable Sir THOMAS BURNET , Knt. +, the Honourable Mr. Baron CLIVE ||, 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.
209. (M.) John Hartley , was indicted, for that he, on the 4th of April , between the hours of nine and ten in the night, the dwelling-house of John Dupree did break and enter, two flat irons, value 3 s. in the dwelling-house of the said John, did steal, &c . ||
John Dupree I live near St. Gyles's pound . On the 4th of April, about half an hour after nine at night, as I was In the fore shop, the child was in bed, I heard it cry; after which some thing forced against the door in the passage; I went to open it, and saw a man who ran out; he had on such cloaths as the prisoner had when taken; but I can't swear to his person; I found the casement was taken off, and a piece of my leaden pipe, that was fastened to the wall, broke or cut off; the bed was turned up towards the window, in order for carrying away, and my child almost smothered in the blankets.
He was a second time, indicted for stealing a piece of leaden pipe and a brass cock fix'd to the dwelling house of the said John Dupree . ||
There being no other evidence, he was Acquitted .
Frederick Rosingburgh . I live in Tyburn-road, in the parish of St. Ann's . On Saturday last I heard a gushing of water, and went out; my pipe was cut that was fix'd up to a party-wall in my yard, and the water flying about; I had a candle in my hand; the prisoner ran by me into the house, and up stairs; a person that lodges above, met him, with a candle in her hand, upon the top of the stairs; he ran down again, and I took him by the coat; he was secured; I saw him drop the ball cock, and the leaden pipe was found doubled up near my door.
Sarah Savage , spinster , was indicted for stealing one gold ring with a chrystal heart set with eleven rose diamonds, one gold ring with a green amethist, four gold rings, one garnet hoop ring, two silver snuff boxes, one oak snuff box, one Pinchbeck snuff-box, four pair of silver sleeve buttons, three silver stay buckles, the goods of Richard Stable ; one gold case to a watch, two mourning rings, one silver heart for a shirt, one silver snuff box, the goods of John Powell , gent. in the dwelling-house of Richard Stable , March 28 . ||
Richard Stable . I live in St. James's-street . I keep a china shop ; the prisoner had been a servant of mine about six months, and she was discharged from me the Wednesday before the fact was committed; on Saturday the 28th of March, between six and seven, my maid came into my room and told me the street door was open. I got up and found a cabinet in the parlour broke open, and the things mentioned in the indictment missing. I went to see which way they got into the house, and found by scratches on the inside of the wall, a person had got over that, and down a funnel where I put my coals into the cellar, and from thence into the house. I immediately sent my sister to the prisoner's lodgings to enquire whether she was at home; she returned and said she had been informed there she came in at about four in the morning. I got a warrant, and had her before Justice Lediard; she could not give an account where she had been, but at first denied knowing of the things; she was committed for farther examination. On the Sunday my sister went to her lodging to see if she had hid any of the things; she is here and will give an account of it. The prisoner was re-examined and was shewed the things mentioned, except the gold case of the watch and a handkerchief. (The goods produced in court and deposed to.) Then the prisoner confessed taking them, and that the gold case was in a closet in the room where she lodged: the constable, I, and others, went there and found it as she had said; she gave me the key of her box, in which she said was a gause handkerchief, which I found accordingly; she said she was alone in it, that she got a chairman's horse on which they carry their goods, from whence she got over the wall, and down the funnel into the house, and took the things.
John Powell . I lodge with Mr. Stable. The gold case, two mourning rings, and the silver heart are mine; they were taken out of Mr. Stable's cabinet; I heard the prisoner confess, as the other witness had deposed.
Sarah Stables , the prosecutor's sister, confirmed that of his evidence, with this addition, that the prisoner's lodging was at the house of Mrs. Calvert, a washerwoman, that the washerwoman and she found the things, except that watch-case and handkerchief, in the tick of the prisoner's bed, sewed in with the stocks and feathers.
The prisoner had nothing to say.
Guilty 39 s .
211. (M.) Ann, wife of John Cunningham , was indicted for stealing one linnen gown, value 6 s. one linnen shirt, one linnen apron, one linnen handkerchief, one silver spoon , the goods of William Wadsworth , Jan. 16 . ||
Ann Wadsworth . I am wife to William; I keep a chandler's shop near the brick field. On the 16th of January I lost a shirt and gown, apron, and handkerchief, from off a line in my kitchen; I also had lost a silver tea spoon on the 14th in the morning; I took up the prisoner on the 7th of February, and before the Justice she said she stole the gown and shirt out of the kitchen, and sold the shirt in thieving-lane for 18 d. and that she had pawned the gown, and carried me to the place; the people knowing her character, had stopped it, so I got that again.
212. (M.) John Salisbury , was indicted, for that he, in a certain house, called the turnpike-house, near Smallbury-Green , on Joseph Thompson did make an assault, putting him in corporal fear and danger of his life, 12 d. in money number'd, did steal, &c . Feb. 21 . *
Joseph Thompson. On Feb. 21, the prisoner came to the gate on Smallbury-Green, and demanded it to be opened, I opened my door to come out to open it, he thrust by me, and desired me to let him warm his hands; the horse was at the door: he staid 7 or 8 minutes, or more, in the house. I asked him how he came to have no saddle, he being a soldier , said he
Q. Did you ever see him before?
Thompson. Never to my knowledge.
Q. Could you see him, so as to know him again?
Thompson. I had a candle lighted in the house.
Q. Had he any companions with him?
Thompson. None, as I saw.
John Lee . I was constable of the night, that night, at St. George's, the prisoner was brought to the watch-house to me and charged with this robbery, (he produces a watch delivered to him at the time) I searched him before the justice and found 2 s. and 2 d. in half-pence, and four six-pences. (One of the six-pences was a very batter'd one, which the prosecutor deposed. he knew to be one the prisoner took from out of his bag, and said, he had had it he believed two months.)
Q. to Thompson. Is this the watch that was taken out of your house at that time?
Thompson. It is, my Lord.
William Patworth . I am a watchman at Knights bridge : I had intelligence about five o'clock that morning, such a man as the prisoner was upon the road, and that he had cut the turnpike-man's throat on Smallbury Green, and robbed him of a watch and some money: I saw the prisoner, and thought by the descriptions, he must be the man. I followed him, and knowing there was a house up, I went and called a man, and told him; we went after him; when we came to the turnpike at Hyde-Park-Corner we alarmed the two turnpike-men, they stopped him; I carried the prisoner to St. George's watch-house. After that, as I had seen him throw something out of his hand over Hyde-park-wall, and there being no watch found upon him, I went with John Alesby to see for it: there I found it; we had so run the prisoner down, a little boy might have taken him.
Robert Hoskins . I am one of the turnpike-men, at Hyde-park-corner. I was upon duty Feb. 21, with George Hagerty , and we were informed about four in the morning, that the Smallbury-green turnpike-man had been robb'd, and his throat cut by a soldier; about an hour after we heard the cry, stop thief, from towards Knights bridge, we both run out; there they were pusuing the prisoner under the wall. I had a long staff; I said, stop, you sir; he said, what must I stop for: I said, if he would not, I would knock him down; then I seized him by the collar. We led him into the turnpikehouse; we ordered him to pull his gloves off, having been before told, that the turnpike-man had bit the man's thumb that robb'd him. We saw one of his was bit. He was carried to St George's round-house. Then we sent word to the prosecutor we had taken him, and about eleven o'clock he came and swore to the prisoner before Justice Fielding.
Q. Which thumb was bit?
Hoskins. It was his right thumb; the biggest mark was on the top of the nuckle.
Q. to Thompson. Which thumb did you bite?
Thompson. I was so affrighted, I cannot tell which it was.
George Hagerty . I was on duty also at the turnpike, at Hyde-park-corner, at this time; the guard that was along with the mail had told us of the robbery at Smallbury-green turnpike, and that the man was murdered; that it was done by a soldier, who was making the best of his way for London: that he was in a plain hat. He was soon after pursued from Knights bridge, and we took him: we examined his thumbs; he shewed his left thumb willingly, but the other that was bit he did not.
John Alesby . I live in St. Giles's and work at Brumpton : going thither that morning, as I was getting over a style the watchman called me back, saying, he wanted to speak with me: then he told me, a man had been killed on Smallbury-Green, and robbed by a soldier, and that he heard he was upon the road for London ; he described him to me; I went into the White-Hart just on this side the bridge and got me a dram, and was telling the people of this
The prisoner had nothing to say.
Guilty , Death .
Ruben Adolphus. I was at the oratorio in Covent Garden , March 11, the prisoner was near me, besides whom there was none but good company: I felt her hand about my breeches; when she was gone, I put my hand down for my purse, and found it gone, I went down to an orange girl at the door and described the prisoner; she said, the prisoner was then up stairs, I went up and found her, I told her, she had picked my pocket; I desired to have her searched; I left her in custody; I went up stairs to that part of the gallery, where I was informed she had concealed herself; there I found my purse and a little bit of paper by it, which paper I believe to be the paper the ruby stone was wrapt in; I came down again, and asked her what she had done with my money. She said she knew nothing of it. The constable said, he believed she had dropped something under her; I looked down, and there found my ruby stone; she was taken to the round house and searched, of which the woman who searched her will give an account.
Q. What money did you loose?
Adolphus. I had three half guineas and one guinea in gold in my pocket, in my purse, which were gone, when I felt in my pocket.
John Rice . I am constable. I was called to take charge of the prisoner, I had her under the stairs at the door, while the prosecutor went up to look for his purse with the gallery keeper: I saw her fumbling about her pocket, then I imagined she wanted to drop something out of it; he came down, and said, he had found the purse, and bid me take her before the justice. I bid him look under her, saying, I thought she had dropt something, he took the candle and looked, and there he found the ruby stone. (The stone produced and deposed to by the prosecutor.)
Joyce Carey . The prisoner was brought to Covent Garden watchouse, they were going to search her; I desired the men to go away and I would: I did, and found half a guinea conceal'd in her mouth, there were only a shilling and some half-pence in her pocket.
I am a very honest girl, I came up from out of the country for a service about three weeks before.
William Edling. I sent a black mare, she had some white on her near foot before, and off-foot behind, to Hadley , to one Richard Partridge 's, some time before last May, to be kept; he missed her about the 2d or 3d of October, he sent me word, I advertised her; then I heard she was in Southwark, sold to one William Purier ; I went to him and found my mare, I swore to her before a Magistrate; then he delivered her to me.
Thomas Cotsell . Going to Black Heath fair on the 30th of Sept. Mr. Cole was coming home with this mare, he had been there to sell her, we went to a publick house, and I bought her of him for a guinea and half.
Mr. Cole. I live in the Falcon Inn. The prisoner at the bar brought this mare to me about the 27th of Sept. and asked me to put her in the stable for two or three days, saying he brought her from Portsmouth; after that he asked me if I would buy her, saying that he was just come from sea, and came to receive prize money: I bought her of him for 18 s. she is a black mare about 14 hands and a half high, a white heel behind, I can't say as to the other.
I bought that mare at Portsmouth to come up to London, expecting to be paid some money there; I staid longer than my time, so
Hannah Whitehall . The prosecutor is a relation of mine, I live with him. On the 20th of February in the morning, the prisoner came to Mr. Lee's house; I know her very well, she lived in the neighbourhood: one of the servants told me she had been behind the bar; I went to see if the things were safe, and miss'd the mustard-pot; I said I insisted upon having her searched before she went out of the house; she then desired to speak with me in another room; there she opened her apron, in which I found the mustard pot and spoon. (Produced in court and deposed to)
There were two or three people got me to drink with them, I was very much in liquor, and what they lay to my charge I know nothing of.
John Lock. I live at Uxbridge ; on the 12th of last March these pair of silver spurs were hanging near a window, the window was broke, and the spurs taken away; the bell-man coming by saw the window open and called us, I had a suspicion of the prisoner, he having done a bad thing before; I took him up, he would not confess at first, but after some time he did, and said he had hid them under some hay, where we found them. (Produced in court and deposed to: )
See No. 28, in Calvert's Mayoralty.
Charles Batchelder. I was going for a bottle of water, March 23, between seven and eight at night, I saw the prisoner come out of Mr. Rawlinson's cellar with a jarr of raisins on his shoulder, I saw him cross the way to come round to Mincing-lane, then he came back again, I went into the shop and told the people there.
William Helaby . That boy came and told us a man had gone out of the collar with a of raisins, and if I would run I might catch him, I ran and went past him, he was then coming out of Mincing-lane, the boy said that is he, I said hold on the prisoner, the prisoner said he was going into White-chapel, and that he came from the water side.
Q. How does this cellar door open?
Holaby. It opens into the street, and was open at that time.
Q. Are you sure the raisins and jarr were taken out of Mr. Rawlinson's cellar?
Helaby. It had on it the same mark as the other had which were then near the cellar door
I was going down to the water side to see for work, it was duskish; there was a man dress'd much like a carpenter, he asked me if I would earn 3 d. or 4 d. I said with all my heart; then he said he would pay me if I would carry that jarr to White-chapel, and said he would be there as soon as I. I came up Mincing-lane, and coming by Mr. Rawlinson's door, they stopp'd me.
Threadneedle-street , I felt something at my pocket, and turned round, and saw the prisoner; I walked on and felt something again, then I looked back and saw him with his hand in his pocket, and a corner of my handkerchief hanging out; I took it out; it was in his left-hand waistcoat pocket; he said, he picked it up; I know I had it in my pocket but a little time before. (The handkerchief produced in court and deposed to.)
I was walking along the street, and picked up thief ; I had followed the prosecutor the Change ; he miss'd his handkerchief, and turned round directly and said, you have got my handkerchief; said I, I have got none but this which I picked up just now; then he took me to Guild-hall before a gentleman.
Guilty 10 d .
James Watson . I live at the corner of Charles-street, Covent-garden ; I am a linnen draper . On Wednesday the 9th of March, in the evening, the prisoner and a young man, which she called her brother, came unto my shop, in order to buy some silk handkerchiefs; I shewed some. As he was looking at them, she employed herself in taking up this piece of lawn; it was lying on the shew-board, just by the door. When they were gone out of the shop, I missed it; I went out after her, and brought her back to my shop door, and called some people to witness to my taking the piece from under her arm.
Q. How far had she gone from your shop;
Watson. She was gone about ten yards: I took the piece from her, and sent for the constable, and took her into the shop, where she kneel'd down and begged I'd forgive her. (The lawn produced in court and deposed to)
Hannah Ashmore , who sells fruit near the prosecutor's door, and Richard Palmer , a neighbour, whom the prosecutor sent for at the time, deposed, they saw the prosecutor take the lawn from under the prisoner's arm.
Guilty 4 s. 10d .
Elizabeth Brooks . I am wife to Thomas Brooks , and live in Wheeler-street, Spital Fields ; the sheets were on the bed, and the coat and waistcoat in a box in the room; I had seen them about half an hour before I missed them. On the 9th of March, I saw the prisoner coming down stairs with the bundle in her hand; I asked her who she wanted; she mentioned some outlandish name, I went up stairs, and found the things gone; she was run down the street; I went in search of her, but did not find her till the day after; she never owned it; I have not found any of the things again.
See No. 559. in Cokayne's Mayoralty.
224. (M.) Hannah Bannel , otherwise Black , widow , was indicted for stealing one pair of linnen sheets, one shirt, one pair of gloves, one shift, one cambrick handkerchief , the goods of William Lloyd , March 25 . || Guilty .
225, 226. (M.) Margaret, wife of John O Brian , and Mary Boyle , were indicted for stealing one silver watch, value 3 l. the property of Frederick Zeidenburg , in the house of Elizabeth Smallman , spinster , March 10 . ++
Frederick Zeidenburg . I am a cabinet-maker , and live in Great Rupert-street. I was going into the Fox ale-house in Drury-lane, on the 10th of March, about nine at night; (I use that house) Mary Boyle was at the door; she asked me, if I would give her a pint of beer; I said I did not care if I did; there was one of my countrymen with me, a German
Zeidenburg. No, my Lord, as I remember; she followed me in, and took up the pint and drank, then she said, will you go along with me? I said I can't leave my company; she said again, will you go? at last I was deluded.
Q. Did your countryman go with you?
Zeidenburg. No, he did not; he could not speak a word of English.
Q. How came you to leave your companion behind, who could not talk English?
Zeidenburg. I said to him, I was coming back presently; the prisoner and I went to No. 3. in Orange-court , the house of Elizabeth Smallman ; before she went in there, she picked up the other prisoner.
Q. Did you agree she should go too?
Zeidenburg. No, my Lord, we went into a room up one pair of stairs.
Q. Did that O Brian go against your inclination?
Zeidenburg. I thought her a friend of the others, and I did not say she should or should not go.
Q. Was it a publick-house?
Zeidenburg. It is not, they sell liquor, it is a notorious bawdy-house. When we had been in the room about ten minutes, one of the women asked me what it was o'clock, after that the other asked me; I took out my watch, Mary Boyle snatched it out of my hand, and they both ran away with it immediately down stairs.
Q. Had you shewed them your watch before?
Zeidenburg. No, they might see the string hang out of my pocket; I cry'd out, Stop thief! I have lost my watch; they took away the candle; I could not find the stairs, but ran against the wall; they got out of the house before I could get a candle to find the way down stairs; when I got down I asked one Mrs. Bourne (a woman that was in the Gatehouse on this affair, but is discharged) where they were; she said she knew nothing of the matter; at that time one Robinson a thief-taker came in, who asked me to describe the woman, which I did; then he said he believed he could find them; we went to the Plough and drank together; we could not find them then. On the 14th of March, I advertised the watch with two guineas reward, after which Robinson sent for me, and said, he and others could help me to the woman and watch too Then we went to Rag-fair, and got a warrant from Justice Gore, and came to the house where I lost my watch in Orange-court, Drury-lane; it was dark; from thence to the Plough again; in a little time they brought me the two prisoners, and the old woman that is released; I said I could not swear to them, for having been drinking about, my head was quite muddled; the old woman said, after the women were gone, why don't you keep them two women? they are the woman that robbed you of your watch; then the thief-takers ran out after them, but could not find them.
Q. Have you found your watch again?
Zeidenburg. No, my Lord.
Q. Did any of the women confess any thing about it?
Zeidenburg. No, I have not heard any of them say any thing about it.
Margaret Edwards , otherwise Pierce. I live in Orange-court, and rent a room in this house of Smallman's. I saw the two prisoners come in along with the prosecutor on the 10th of March, about nine o'clock; a few minutes after they went up stairs, Margaret O Brian came down, and asked for a bottle of ale; I told her there was none in the house, she must go out and fetch it; she went out and fetched it, and carried it up; then she came down again, and said, he had got no money about him; she desired to know where Mrs. Smallman was, saying, if he had no money, he had money's worth. Mrs. Smallman desired he might come down stairs; I saw the prisoners both run out together; the prosecutor came into my room; after that he came down stairs, and sat down in a chair; I asked him what he waited for; he said, the two women would come back again quickly; he staid there six or seven minutes; after which, he said, I have been robbed of my watch; I desired him to make himself easy, saying, I would endeavour to help him to it again ; I went out again, and found O Brian; I desired he might have his watch; she said, he offered half a crown for the use of something, and said, they would not give it him without half a crown each, saying, he had had the use of them, and they would have a shilling for the liquor also; her meaning was, that he had pawned it to her for that money; then I said, give it me, least the people that lodge in the house should come into trouble, and you see the man is heavy in liquor, that I may give it to him again; she gave it to me directly; then I came back, and the man was gone; I undressed myself and went to-bed, and heard nothing of it till the 12th; then Mrs. Smallman said to me, I had no business with it,William Reason ) and sold it for forty six shillings; she received the money, two guineas and four shillings.
Q. What had you of it?
M. Edwards. I had fourteen shillings and sixpence of it.
Q. Was you taken up upon this?
M. Edwards. I was, and committed, and in prison about a fortnight, and admitted an Evidence before the justice.
Thomas Rush . The prosecutor works along with me, he told me on the Wednesday morning he had been robbed of his watch by a couple of men in Drury-Lane; I said to him, it is my belief, it was by a couple of women in some house of ill-same; then he owned it was so , at a bawdy-house, but was a stranger in the place, then I advised him to advertise it as lost and not stole, and wrote the advertisement out for him (it was advertised, lost near the Fox in Drury-Lane) I saw the old woman and the two prisoners at the Plough in Drury-Lane, the two prisoners were discharged, upon his saying he could not sware to them, but the old woman was committed to the Gatehouse for further examination. I heard her say the two prisoners were the persons that robb'd him of his watch.
O Brian's defence.
I was taken up in Bow-street about this watch, and taken to the Plough in Drury-Lane, the prosecutor came in: I pull'd my hat off; he looked at me, and said he could not sware to me.
Both Acquitted .
227. (M.) Jane Haley , otherwise Poor , spinster , was indicted for stealing one piece of silk, called ducape, val. 7 l. 11 s. the goods of John Boyde ; one piece of irish stuff called grey tobine, and thirteen yards of scarlet irish stuff, the goods of Richard Stamford in the shop of the said Richard , March 20 . ++
Richard Stamford . I am a mercer , and live behind St. Clement's church : on March 20, about two o'clock, I went out, and was sent for home by my apprentice, who told me, he had lost twenty-seven yards of ducape, he also said, he had stopp'd the thief at the Cambridge perriwig warehouse, near the One Bell in the Strand: I went there, and saw her and the goods, the ducape and thirteen yards of scarlet irish stuff, and four yards and a half of grey tobine; I sent for a constable and charged him with the prisoner : the goods mentioned were all in the shop when I went out. The piece of ducape I had borrow'd of a neighbour, as is usual in our trade, when we have not the thing asked for, &c.
John Bellamy . I am servant to Mr. Stamford. The prisoner came to our shop between two and three in the afternoon, March 20, for some irish stuff, I went and pulled down from a shelf about eight remnants; she said, there were none of them that would suit her, so she said, she would call again on the Monday, and went out of the shop in a hurry: I missed some of the goods; I looked out; she was running up the street. I call'd the maid to take care of the shop, and ran after her and overtook her; but not being willing to accuse her till I was quite sure. I told her I had found a remnant of irish stust that would suit her, and in the mean time I put my hand under her long scarlet cloak which she had on, and felt two pieces, she dropped one of them in the dirt; then I called for assistance and got her into the Cambridge perriwig warehouse, and sent for Master. One of the pieces I had taken down to shew her, another was standing in the window, and the other, which was borrowed, was lying on the counter ready to be carried back again, when she came in.
The prisoner had nothing to say, nor called any Witnesses.
See No. 592. in Blackford's Mayoralty.
228. (M.) John Stevens , was indicted for that he on the King's highway, on Elizabeth wife of William Humphreys did make an assault, putting her in corporal fear and danger of her life, and taking from her person 3 s. and 4 d. in money numbered, the money of the said William , March 28 .
Eliz Humphreys . On the 28th of March, something before eight at night, I was coming from Rotherhith to my house at Highgate. When I came betwixt Islington town's end and the half way houses ; I saw the prisoner walking in the horse path, leading two saddle horses: I was on the foot causeway; one of the horses was particularly little, the other not very large:
Q. What do you mean by sawney ?
E. Humphreys. His face shone yellowish. My husband got up in great wrath, and went to the Queen's head at Holloway ; and as I told him of the two horses, he there was told, the horses belonged to the Dunstable waggon ( she not being with her husband could not be admitted to give evidence of hearsay) after my husband came home he told me he had seen the man, and knew where to find him. On the Monday, which was Easter-Monday, I went to his master's stable, at the White-hart, in St. John's-street, where he was hostler; I saw him, and asked him, if there was a Bedfordshire waggon came in that day; he said, there would be one in the afternoon; I asked him, what the price would be to go to Biggleswade or Temslord: he said, if I came about three or four in the afternoon I might see the waggoner ; then I went out of the yard and told my husband, I was sure he was the man; my husband then went and laid hold of him, and so did I, and I said, you are the villian that used me ill on Saturday night and took my money; he asked me, what money?
Q. During this ill treatment of you, what became of the horses?
E. Humphreys. They were grasing on the side of the causeway all the while, they were near me, I call'd out in the time, the horses would tread upon me, he said, they should not hurt me.
Q. Were they tied?
E Humphreys. They were not, except the bridles were tied together, they were near me all the while.
Q. Was the causeway near the high road?
E. Humphreys. It was.
E. Humphreys. He was coming from Highgate to London.
Q. Whereabouts in the road was this?
E. Humphreys. It was something before I came to the first bridge.
Q. How far from any house?
E. Humphreys. About two or three hundred yards from the houses.
Q. Was there no people passing?
E. Humphreys. There was no-body passed by at the time, but that man I mentioned.
Q. When you was up and saw that man, how far was he from you?
E. Humphreys. He was farther than the length of the sessions-house, perhaps twice the length.
Q. How far had you gone from the prisoner when he came up and took your money.
E. Humphreys. I had gone farther than the length of this court.
Q. Did you see the stranger then?
E. Humphreys. No, I did not.
Q. Did he mount the horses afterwards.
E. Humphreys. I did not observe that.
Q. Which way did he go afterwards?
E. Humphreys. He went for London.
Q. Why did not you tell the people where you called, you had been robbed?
E. Humphreys. I was very much shocked afterwards, and have been ever since.
Q. Why did you not tell your neighbours at home that you had been robbed?
E. Humphreys. It was late, between nine and ten, when I got home, and I never had been in such an affair before.
Q. Did you, or did you not, ask for an hostler, who had a farm to let in the country?
E. Humphreys. No: I never said such a thing.
Q. How near was that stranger to you when he past by?
E. Humphreys. I am sure he was as near to me, as I am to that gentleman. Pointing to a gentleman about two yards from her.
Q. What prevented your calling to him?
E. Humphreys. I did call out murder and all could cry.
Q. Was that stranger nearer Highgate or Islington, when you saw him?
E. Humphreys. He was nearer Islington.
Thomas Tipping . I live in Hatton-Garden. I was coming from Holloway home, betwixt eight and nine o'clock in the evening: near the end of the back-lane I heard a woman groan; I staid some time to consider whether I should go forwards or not: I then went on and went close by them: the woman was down upon her back, her cloaths up, her legs open, and the man upon her; she said, for God's sake, master, help; Murder! Murder! the man said, hold your tongue, you bitch. There were two horses grasing on a bank close by them in the foot path.
Q. What sort of horses?
Tipping. One was a little poney, the other larger, I judge about fourteen hands high: by what I could discover, I thought the man had hold of the bridles, or the halters. I was afraid there was something more in it than should be, so I dar'd not stay to assist.
Q. Was it light or dark?
Tipping. It was a star-light night, but I had not light enough to distinguish so as to know their persons: I saw the man had a pair of leather breeches on, and a hostler's frock and cap.
Q. What colour was the frock ?
Tipping. I did not observe that.
Q. What coloured cloaths had you on.
Tipping. I had the same on, I have now ( i. e. very light colour'd.)
Q. Which way was you going?
Tipping. I was coming for London.
Q. How came it, that you saw a man and woman in this situation and did not assist?
Tipping. Because there are so many traps laid to draw people in, such as stratagems of women crying out, and the like.
Q. How did this appear?
Tipping. The man seem'd to be lying with her, and the woman crying out: and by seeing the two horses, I imagined there might be more hard by.
Q. How near was you to them, when you first heard it?
Tipping. I believe I was within thirty or forty yards of them.
Q. How far was you on the other side, when you made a stop?
Tipping. I was thirty yards from them.
Q. How came you to find them out to give your evidence?
Tipping. I read in the paper that a man was taken up, and hearing the woman was one of a good character, I sent a letter up to her.
Tipping I did not, they were on the other side the nor from me; I could not see whether they were up or no.
Q. When did you first relate this affair?
Tipping I related it to two or three people that evening.
Q. Why did not you, when you got to the houses, alarm the people?
Tipping. When I got to the first house, I did design to go in, but I saw at that time a man, which I supposed to be the man, came riding by full speed, so I did not go in.
Q. When he pass'd you, had he any similitude to the prisoner ?
Tipping. I had not an idea enough of him to know that.
Q. When did you send word to the prosecutrix of your coming by at the time?
Tipping. I sent word on the Wednesday following.
Q. Had you seen the woman before?
Tipping. I never saw her till I sent the letter.
Q. Did you meet any other people on the road at this time?
Tipping. No, I did not see any body.
Ann Fletcher . I live at the Queen's-Head at Holloway, beyond the Half-way-house; the prisoner was at my house that night, about a quarter of an hour before eight, which was Easter-eve, and drank a quartern of gin; he was going towards London, with two blackish horses, both of them had saddles and bridles; one of the horses was a very small one.
Q. How was he cloathed?
Fletcher. He had on a dark fustian frock and a jockey's cap.
Q. Are you sure it was the prisoner at the bar ?
Fletcher. I am sure it was.
Q. Was it a light or a dark night?
Fletcher. It was a very star-light evening.
I know nothing of this woman, I never saw her in my life before; I went along with my master to bring the horses back; I called at Holloway and drank; I was at home and in bed before eight o'clock.
To his Character.
John Comings . I keep the White-hart Inn in St. John's-street; the prisoner was my hostier; I have known him upwards of two years; he has lived with me going on of a year and a quarter ; he behaved very well ever since I knew him.
Q. Had he any horses on the road on Saturday Easter evening?
Comings. He had the horses belonging to the guest, two carriers, who sent them to my house.
Q. Were they bridled and saddled?
Comings. I believe they were.
Q. Was one less than the other?
Comings. It was a pretty deal less.
Q. What time did he come in?
Comings. I can't tell the time, they told me it was about eight o'clock.
Q. Who told you so?
Comings. The cook told me so, I did not see him that night.
Mary White , Hannah Boroughs , and Ann Jordan , were called to the character of the prosecutrix, who had each known her about twelve years, and gave her the character of a very honest, sober, industrious woman.
Guilty , Death .
There was another indictment against him for the rape , but it being needless to try him on it, it was omitted .
Capt. Collingwood. I am an acquaintance of my Lord Lempster, and was likewise of the unfortunate deceased. On the 23d of February last, I dined with my Lord Lempster, at the Bedford-head, who told me, he had seen Capt. Gray, the deceased, that morning upon guard; I said, I had not seen him but should be very glad to see him; my Lord proposed to go to
Q. How long might they stay after this quarrel ?
Capt. Collingwood. I believe they might stay an hour, and they behaved very well to each other, seemingly good friends, and had no quarrel that night.
Q. Whither, during that interval, they did not go into the passage?
Capt. Collingwood. Not as I remember, we went all down stairs together; we left Capt. Gray at the coffee-house, and my Lord and I went away together, we parted at Charing-Cross, he went towards his lodging, and I to mine.
Mr. Hudson. I keep the Tilt-yard coffee-house, I was not in the coffee room when my Lord Lempster and Capt. Collingwood came there, but came in soon after, which was about nine ; they were all three sitting at a table: I paid my respects to the gentlemen, and made them a bowl of punch ; they drank it, and seemed extremely sociable for some time; I cannot tell how the topick came up readily, I know it was something about lending some money. Capt. Gray seemed to harp on it. Capt. Collingwood said, you might have given him a civiller answer; and at such a time when a man is in a hurry at play, the Capt. might have excused him, that it was a hurry, and my Lord had no intention to affront him. Capt. Gray turned his head on one side and said, d - n you. My Ld. Lempster turned and talked to me about some horses, seemingly to evade it: Then my Ld. said, Collingwood, will you go and sup any where? and seemed intirely to evade it, but Capt. Gray at several intervals harp'd upon things. I think he mentioned the Cardigan; said Capt. Collingwood, with all my heart; said Capt. Gray, can't you as well sup here; my Lord said, he had no objection to the house. I went up and got a fire; this was between eleven and twelve: they went up and had some supper and more punch: I waited supper myself, which was over, I believe, about twelve. I was backwards and forwards several times in the room; they called for a pack of cards and play'd; my Lord and Capt. Collingwood play'd, and Capt. Gray sat by; then Capt. Gray came out and went his rounds, and returne d again, after which, I was in my own room a little way off; I heard a noise like showing back of chairs: I then came to their room door, and heard Capt. Gray say, D - n your blood, you scoundrel, come out; you rascal, you coward, you dare not come out. After that, I heard my Lord, who was then sitting in a chair, jump up, and said, No, Gray, I cannot put up with that; he went cross the room: I was cautious of going in, but looked through the key-hole of the door: there was Capt. Collingwood standing with Capt. Gray, he said, I beg you'll desist. My Lord advanced no farther than the table; Capt. Collingwood pacify'd Capt. Gray, and set him down again. I never went into the room at all. Had any thing happened, I could easily have gone in and laid hold on my Lord, his back being towards me: I had the latch in my hand for that purpose. They sat down after this seemingly good friends, and continued together so an hour or more. I did not think it was any more than a little drink, and did not expect it would have come to such a heighth as fighting. After this, they had another bowl of punch, which I made; when they went down stairs I lighted them down ; after this was over, before they went down, my Ld. Lempster, I believe, and Capt. Gray, were in the passage ; the lights in the passage were burnt out that I could not see; Capt. Gray ordered me to shut my room door and go in, which I did: I knew Capt. Gray's voice perfectly well.
Hudson. There was talking in the passage, but I could not distinguish the voices, there was some whispering like, I can't take upon me to sware my Ld. Lempster was one.
Q. Was Capt. Collingwood one?
Hudson. I can't take upon me to sware he was, they drank a bowl of punch after this. I lighted Capt. Gray to the guard room about five o' clock: he came in again the next day about eight and breakfasted; he asked me, where Lord Lempster lived; I said, I did not know; I looked at him pretty-steadfastly, and said, I hope that little dispute is over, and there is no more of that: No, he said, no more : then I told him where he lived: then I taxed him again, and said, I hoped there is nothing at all in that affair; he said no, there is not; I am going to breakfast with him, and the affair is made up, and if I don't go he'll take it amiss.
Q. to Capt. Collingwood. Do you recollect your being in the passage that night, when the last witness was ordered to shut his door?
Robert Fudge . I am a barber; I used to dress Capt. Gray: I remember on Monday the 24th of February last, about eight in the morning, I was at the Tilt-yard guard-room; there was another officer on guard, he asked Capt. Gray where he was the night before, he said, at the Tilt-yard coffee-house with Lord Lempster and Capt. Collingwood; to the best of my remembrance they talked of indifferent things; nothing of this affair; he did say Lord Lempster had used him ill; but heard no more of that; he told me to go up to his lodgings and bring his mourning cloaths, and be at the Tilt-yard coffee-house by ten o'clock; and a pair of stockings and a plain hat; I asked him, if he would have his mourning sword; he said, no; (at other times I have brought his mourning sword with his mourning cloaths) he gave me orders to bring a yard of black ribband. I was going in at the horse guards as the clock struck ten; he was on the parade, I waited about an hour, when he was relieved: he went towards the coffee-house, as I supposed, to seek after me; I followed him there, and went up stairs and he after me; I dressed him there, he put on mourning cloaths, but not a mourning sword, he bound the ribband about the hilt of a silver mounted sword.
Q. How did he appear at that time?
Fudge. I thought he was confused, his countenance did not apper serene, he throwed things about in an odd manner, and called for some brandy and milk.
Q. Had he used to drink such liquor?
Fudge. I never saw him, sir. He went out of the coffee house about half an hour after eleven o'clock.
Eliz. Cross. I live servant with Mrs. Whiy in the Hay-Market. I remember, between eleven and twelve o'clock, Mr. Gray came and asked, if Lord Lempster lodged there, and if he was at home, and also, if his servant was at home; he desired I would go up and tell Lord Lempster his name was Gray; my Lord knocked at the wainscot for his servant and called Robert: I told him his servant was gone out, then my Lord desired I would shew the gentleman up; as I came down stairs I met my Lord's servant: I then walked about my business and said nothing to the gentleman, nor he to me; as I thought my Lord's servant a more proper person to do it than myself. I did not see the gentleman go up stairs.
Q. Do you remember you saw my Lord and the gentleman go out that morning?
E. Cross. I did not see that.
Q. What time do you think they went out?
E. Cross. I believe they went out before twelve o'clock.
Q. What did the gentleman say his name was ?
E. Cross. He said his name was Gray.
Q. Had the servant been out of the house.
E. Cross. He told me he was going out to have a coat mended, and I did not know but he was out till I saw him.
Q. Do you think Lord Lempster heard Mr. Gray's voice.
E. Cross. I can't tell that. I was up no more than three or four stairs, and answered through the wainscot. My Lord might hear the knock at the door, but Capt. Gray spoke low.
William Powell . I am a musician; on the 24th of February last I was in Marybone-fields , I saw my Lord Lempster and Capt. Gray walking in the fields, on my left-hand; I did not know them then, they were walking side by side very amicably, I looked at them but a very little while, and continued my walk, they were in
Q. How far was that field they were in, from the Hay-market ?
Powell. I believe it is a mile or better; a very little time after I had seen them, not having walked above three hundred yards, I happened to turn my head by accident, they were engaged with swords, both naked, Capt. Gray had turn'd with his face toward London, Lord Lempster stood in a line as he had walked, I had a side view of them; immediately I cry'd out to them, not to kill one another, I ran towards them, and had got but a very little way, before Capt. Gray dropp'd on his knee, and got up again, and advanced a step or two, and then fell on his face, he never rose more: while Capt. Gray advanc'd in this manner, Lord Lempster stood then upon a retreat, with the point of his sword dropt; when the Captain fell on his face, Lord Lempster look'd upon him a little time, and said, O Lord! O God! What is this! in a mournful voice like surpriz'd, and then went off; I immediately went over the ditch, the deceased was vomiting blood as he lay on his face, I kneeled down by him and turn'd him on his back, I held up his head with my left hand, and asked him how he did, he opened his eyes very wide, and fix'd them, he vomited a torrent of blood, and died instantly; I wiped his mouth, and hop'd he would have spoke, I open'd his waistcoat and pull'd up his shirt, and saw a small wound in his right side, there was a small effusion of blood: Lord Lempster went off hastily; I follow'd him, and came up with him just at the entrance in the town in the street, my Lord came up to me, and told me Capt. Gray had call'd upon him on this occasion, that the Captain was an officer, and so was he, and said, Sir, what could I do? I could not help it, he made me go out with him, or forced me, and I am sorry for it.
Q. Did you see any thrust after the Capt. was fallen upon his face?
Powell. I did not. The Capt. advanced up to my Lord before he fell, and put out his sword: I was a good deal confused : I could not take a minute's observation of it.
Q. Did you see my Lord return a thrust, after that putting out his sword?
Powell. No, Sir, I did not.
Q. Did you go up to my Lord, or he to you?
Powell. He stopp'd and came from the other side of the way rather towards me, and entered into talk of this unhappy subject.
Thomas Tompkins . The Captain had received a wound on his breast, which penetrated between the third and fourth rib, into the cavity; and without doubt was the occasion of his death; it was impossible for him to live.
Lord Lempster being called upon to tell the court what he had to say, spoke to the following purport.
Lord Lempster. I have only to say, I am extreamly sorry to be the unhappy occasion of Mr. Gray's death, as he was a gentleman of great honour, and for whom I had great regard, I made use of all the arguments I could, in order to dissuade him from his intentions, that is not to fight, when we went on our way; when we came to the field, he drew first upon me, and I was under a necessity of killing him, in my own defence; for which I am verily sorry, and wish it had never happened.
The council for the prisoner rested it here, without calling any witnesses.
Guilty of Manslaughter .
John Hollingworth . On the first of March, between 11 and 12 o'clock in the evening, coming up Ludgate hill, opposite the Bell-savage Inn , I felt somebody pull at my right hand pocket, I turned round and saw the prisoner and another boy close behind me, I saw a hand from one of them very near my pocket, the other boy ran down to the ditch, the prisoner ran down the Bell-savage yard, I missed my handkerchief, and followed him, he ran into the bottom of the yard; the people came out, and I told them I had lost my handkerchief and the thief was in the yard, they shut too the gates and kept him in; when the prisoner found himself inclosed, he came out, we searched him, and found nothing; I desired the people would search with candles; they did, and the handkerchief was found and delivered to me. (Produced in court and deposed to.) Then the prisoner confessed he was so far guilty, that the other lad picked my pocket of it and gave it to him, and that he brought and dropt it in the yard.
William Pope . I remember the prosecutor calling out stop thief, I ran out and after the prisoner with a broom stick, then I shut to the great gates, after which the prisoner came out, we could find nothing upon him; then we went to search, I held the candle while I saw a gentleman take the handkerchief out of a coach wheel there, which the prosecutor owned.
I was coming down Ludgate-hill, and picked up that handkerchief out of the mud, I was going through the Bell-savage Inn yard, that witness shut the gate, and stopp'd me, and the prosecutor said the handkerchief was his.
231. (L.) Elizabeth Parrot , spinster , was indicted for stealing one bridle for a chaise-horse, value 5 s. one pair of reins, value 1 s. 6 d. one britching and black strap , the goods of David Barbernell , Feb. 27 . ++
Thomas Jones . The things mentioned were delivered to me the 27th of February; they are the property of David Barbernell ; I act under my mother who keeps a livery stable, the White Horse in Bury-street; the harness were hung up in the yard about three in the afternoon, and I missed them the next day; I heard the prisoner confess she stole them out of the yard about eleven o'clock that night.
Andrew Ward . I heard the prisoner confess before the Justice on the Monday, that as she was going by the rails at the side of the yard, she saw the harness hanging up against a brick wall in the yard, that she went into the yard and took them away, and carried them to Christopher Frampton , who was a constable, and buys such goods, (he is not here) he stopp'd the goods, and so we came by them again.
Frampton did not appear, and his Recognizance was ordered to be estreated.
I was going to buy a pair of shoes, a man having these things to sell, told me he would give me six-pence to go and sell these things to Christopher Frampton , saying he owed him money, and if he went himself he would stop the money.
Guilty 10 d .
This key belongs to the London-bridge Waterworks to turn the cocks in the streets, it was lodged in an Alehouse in White-chapel , the usual place for some years; the key was missing; the prisoner was taken by a watchman with it upon her. Guilty 10 d .
234, 235. (L.) Mary Furnace , and Margaret Garnet , spinsters , were indicted for stealing a yard and half of cloth, value 5 s. one silk and one linnen handkerchief , the goods of William Hopkins . ++.
Both acquitted .
John Parks keeps the Baptist-head in the Old-Baily ; he missed the pan after having used it an hour before, from out of the kitchen ; on the ninth the prisoner went with the pan to William Thatcher, about five doors off the prosecutor's house to sell it ; Mr. Thatcher was drinking at the Baptist-head, Thatcher's wife went to fetch her husband, and the prisoner followed her, and stood at the door; the prosecutor owned the pan, and took the prisoner into custody. Acquitted .
The prisoner was servant with the prosecutor, who is a founder ; one Stanton came to his house the 6th of April, and told him one of his servants had brought some brass to sell, some of it was not finished, and also a tool which founders use, to his master, one Newton, a founder in the Minories, and they had stopp'd him, that the prisoner said he had bought it of an old woman at Deptford for six pence; then Stanton examined his hands, and he appeared to be a founder, he denied that, but it was discover'd by a letter found in his pocket, with his name on it, and a direction; he would not tell where he lived: the prosecutor went to Mr. Newton, the prisoner owned it was his master's property, and that he took it that morning, and was sorry for it
James Rowley . Coming along Grace-church street , March 22d, about seven in the evening, I felt a hand in my pocket, I turned about and saw my handkerchief in the prisoner's hand, he was within a yard or a yard and half of me, he dropt it, and ran away; I ran after him and catch'd him, (The handkerchief produced in court and deposed to.) I had used it not a quarter of an hour before.
Edward Sylvester . On a Saturday night about a month ago, I was near the prosecutor and prisoner, in Grace-church street, I saw the prisosoner with the handkerchief in his hand, I did not see him take it, I saw him drop it, and believe the prosecutor took it up, he took the prisoner, who denied it, and cry'd; the prisoner ran about a quarter of a yard.
Q. to Rowley. How far did the prisoner run?
Rowley. He ran from the side of the way to the middle of the street.
I saw this handkerchief lie in the middle of the street, I took it up, and he said it was his handkerchief.
The principle evidence not appearing, he was Acquitted .
240. (L.) Aaron Cordosa , was indicted, for that, at the delivery of the goal, holden for the county of Surry, at Kingston upon Thames, on Monday the 31st of March last, one John Saunders , in due form of law, was convicted, for that he, on the 24th of December, the dwelling house of Matth.ew Thompson , did break and enter, and steal from thence one silver tankard, one silver mug, one silver tea pot, and several other things, and that he, the said Cordosa, the tankard, mug, and tea pot, did receive and have, knowing them to have been stolen , Dec. 27 . ++
Matthew Thompson . On the 24th of December there came two persons to my door, and knocked; I said, who is at the door; they said they wanted half a bushel of coals; I unbolted the door; they rushed in upon me, bound me hand and feet in one chair, and my wife in another; then they went to rifling the house; they took away one silver quart belly tankard, marked at the bottom M T S, one pint silver belly mug, one silver tea pot chased about half way down, all marked M T S at the bottom, and several other things. Campbell in his confession, said it were himself and Saunders that committed the robbery.
I prosecuted Saunders at Kingston assizes and he pleaded guilty.
Elizabeth Saunders . I am wife to John Saunders. On the 27th of December last, between six and seven in the morning, my husband bade me clean myself, and said, I must go with him and Campbell ; I did, we went all three together; Campbell carried a basket, but what was in it I did not then know. When we came on London-bridge we met a relation of my husband's: he staid to talk with him, and bid me not to leave Campbell. We went together to Long-Lane, on this side the water, near Smithfield.
Q. Where did you live?
E. Saunders. I live in St. Mary Magdalen Bermondsey parish ; Campbell lodged with us, we went to the sign of the Bull; Campbell left me there, and took the basket with him; and said, he'd go and see for Cordosa: He returned in about a quarter of an hour, and said, he had seen the man, and that he would meet us at the Taylor's-Arms in Duke's-place. We went there and found the prisoner ; he asked Campbell what he had got, he answered plate. He took out a silver quart belly tankard, two pint pots, one a new fashioned one with a belly, the other an old one, and a silver tea pot chased half way down. Campbell asked, what he would give per ounce? he said, he would not give above 3 s. and 6 d. per ounce for the tankard; because there was a great deal of loss in the solder and the handle; and 4 s. per ounce for the two pint mugs and tea pot. They agreed; then Cordosa went out, and brought in a pair of scales and weights,
Q. What was the cause of your fear ?
E. Saunders. I had reason to suspect the things were not honestly come by; my husband and Campbell had talked of some things made me think so; and being amongst Jews and strange people, I would have been glad to have been out of the place.
Q. How long had Campbell lodged at your house?
E. Saunders. From the 8th of September last.
Q. What was he?
E. Saunders. He was a seafaring man.
Q. from the prisoner. Whether or no, when that witness came to take me, a little girl did not set me, she being uncertain of me?
E. Saunders. I was sure as to the prisoner; I went to one Buckland's, a house were he used to be at over against the Bull in Long-Lane, where I was the day before. Stanley and Macdaniel, two thief-catchers, were there to take him. Stanley gave me his gold watch, and told me to go there and send for Cordosa to offer it him to sell; that he might have an opporportunity of taking him. I went there, and asked the woman of the house to send for Mr. Cordosa; she sent a girl for him, he came ; I told him I had a watch belonging to the two young men that were here yesterday. The moment he came to the door I knew him. Before I had time to say what I intended, the thief-catchers came, and asked, if that was he? I said, this is the man, and took him.
I can prove where I was at work that very day she says she sold me the plate.
He called Samuel Solomon , Moses Heneruar, Thomas Hughs, Thomas Kent , Isaac Joseph , Henry Keys , John Bond , and Henry Samuel , who gave him a good character; but neither proved where he was at the time the plate was deposed to be bought.
Matthew Smith . I keep a publick-house in Covent-Garden . I missed the two spoons the 5th of March; I had seen them the night before. The prisoner lived servant with me. Mr. Young, a silver-smith at Holborn-bridge, stopp'd one of them; he advertised it; I went to his house and found it. Mary Linch , the servant-maid said, she should know the man that brought it. I fetched the prisoner to her: the maid said, he brought it. I took him before justice Fielding, there she swore it. The other was found at Mr. Crooke's at Turnstile, ( Both produced in court and deposed to) one marked M. M. S. the other M. B.
Mary Linch. The prisoner brought the spoon to Mr. Young's, my master: he said, it was his mistress's, and that the mark was for her maiden name. I had not a satisfactory account from him; so I stopp'd it. He said, he would go and fetch a person to prove it, and that his mistress's name was White; I saw no more of him till his master brought him.
Mr. Crooke deposed, the prisoner brought the other spoon to him, and said, he and another person had won it at raffling, that he bought it of him for 7 s. 10 d. wt. an ounce and half.
The prosecutor not appearing, Acquitted .
Barnard Barry , was indicted for stealing one firkin of butter, value 20 s. one wooden firkin, value 6 d. the goods of John Child and Co . March 12 . ++
John Hitchins . I saw the prisoner come out of Mr. Child's and company's shop door March 21, about four in the afternoon, with a firkin, having hold of it by the two ends long ways, he came to my door, and I believe he might be a little in liquor; there he dropped it; I took hold of him and took him into Mr. Child's yard and called some of the servants to come and examine him. I think there was I. H. marked upon the firkin in black ; I was with the prisoner before my Lord Mayor, there he said he took it out of a cart, as it was going along the street.
John Marshall . The firkin of butter belongs to Mr. Child and Company. (He mentions the partners names.) the other evidence had hold on the prisoner, and the butter lay at his foot ; we had ten firkins of this butter that were told and stood ready to be delivered, in the passage ; I went and looked at them, there was then but nine ; this in the street was the other, they were all mark'd J. C. with ink, we took the prisoner before my Lord Mayor, he said there was a cart going along the street from whence he had it.
Q to Hitchens. Did you see the prisoner drop the firkin of butter?
Hitchins. I did, he dropt it by reeling, and I laid hold on him directly.
There was a cart going by, down a hill, and turning off to the right, the near wheel went into the kennel, and the butter tumbled off, I called to the Carman; Carman, there is your butter off; this man came and said it was you that throwed it down from the cart, said I if you doubt my character, I'll get a character were I work, (please to put my trial back till my master comes with my character from Westminster,) he took hold on me and went and charged me with the beadle.
Q. to Marshall. Was this missing from nearest the street, or backwards of the ten you mentioned?
Marshall. It was from nearest the street.
244, 245. (M.) William Sparnell and John Starkey , were indicted for stealing one drake, value 15 d one duck, val. 15 d. one copper saucepan, value 2 s. the goods of John Shaw , March 30 . ++ Both Guilty 10 d .
|| Both Acquitted .
249. (M.) Mary wife of Thomas Scot , was indicted for stealing one linnen sheet, value 5 s. the property of Thomas Clark , in a lodging room let by contract . (The prosecutor not appearing) Acquitted .
She was a second indicted, by the name of Mary Griffith , otherwise Steward , widow , for forging a certain acquittance for 65 l. August the 10th, 1749 , and for uttering the same knowing it to be forged . ++.
John Radman I am clerk to the Navy-Office, (he produced the books of his Majesty's ship Rupert, and reads,) Robert Banbury , able Seaman, died Feb. 17, 1745, due to him 65 l. 2 s. and 1 d. near money, at the time of his death; it appears to be paid the 10th of August, 1749, to Mr. John Girling .
(The act read to this purport)
Robert Banbury . The 31st day of July, 1749, administration of the goods, chat tels, &c. of Robert Banbury , late of the parish of St. Clement Danes, in the county of Middlesex, but late belonging to his Majesty's ship the Rupert, was granted to Margaret Banbury , widow, and relict of the said deceased; being first sworn, and duly administer'd.
Edwards. This is the usual manner of entering acts of the court; in the first place there is a warrant made out, she swearing herself to be the widow and relict of the deceased; the doctor whom she swore before signed that warrant, and the noter signs also; then there is a bond given in that office, and the act made out from the bond; it must be a just entry because they are always examined afterwards from the bond.
John Girling . I first saw the prisoner at the bar the 5th of August 1749, she came into my house the French Horn in Crutched-Fryars, with another person who was witness to the bill of sale, his name was Sherlock; the prisoner asked me if I would buy a ticket, and said her husband's name was Robert Banbury and hers Margaret, he appear'd to be dead, she produced the administration from the Commons, granted to Margaret Banbury ; I bought the ticket of her, it came to 65 l. I gave her all the money but 3 l. I believe I was to have 2 s. per pound, which is the usual way of buying tickets; after I had bought it I had a proper man to make a bill of sale of it; I also had a receipt for the Purser's money, from the prisoner; I paid her the money in the name of Margaret Banbury , she signed so to it with her mark, which I saw her make: and one Benjamin Clapp , a man that use to write for me, a witness, he wrote the receipt, all but her mark; he has been dead about a month.
(The receipt read.)
' The 10th of August 1749, received of Mr. ' John Girling , the sum of 65 l. the same being ' the wages of my late husband Robert Banbury , ' deceased; for his service on board the ' Rupert, to whom I am widow and executrix.
Q. Did you ever hear her go by the name of Steward ?
Hume. I have , when I came home from sea in the year 1747, April the 23d, she lived next door but one to where I lived, in a naughty-house; afterwards she went away with a ship mate of mine, one Scot; and they have lived together ever since.
Eliz. Morford. The prisoner owned before me, and Justice Fielding, that he was married at Beccles to Hannah Archer ; he was taken up on the account of marrying Mary Blake . This is Hannah Archer , pointing to a woman that stood near her.
Q. Had you a license?
Blake. No, I had not, here is the minister that married us.
Q. Did you marry the prisoner and that evidence ?
Q. Why did you marry them without a lisense ?
Simpson. Because somebody would have done it if I had not.
Q. Were was you ordained?
Simpson. In Grosvenor-Square chapel.
Q. By whom?
Simpson. By the Bishop of Winchester, - the Bishop of Lincoln.
Q. Are you a prisoner in the Fleet?
Simpson. I can't say I am:
Q. How much did they give you to marry them?
Simpson. I can't tell.
Q. Don't you know you were doing contrary to your duty, to marry any without a licence of bands being published before in the church?
Q. How old are you?
Simpson. I am upwards of forty years of age.
Q. How much above?
Simpson. I am forty-three.
Q. Have you ever had a benefice?
Simpson. Never in my life, I have had little petty curacies about twenty or thirty pounds per year; I don't do it for lucre or gain.
Court. You might have exposed your self more, had you gone on the highway; but you'd do less prejudice to your country a great deal; you are a nusance to the publick, and the gentlemen of the Jury, it is to be hoped, will give but little credit to you.
William Pullin . I live at the ditch-side at the Shepherd and Goat, I am a coachman . On the 4th of February, about a quarter after twelve at night, as I was coming home from the Bull and Garter in the Fleet-Market , being a little in for it, the prisoner picked me up, and I was concerned with her ; I had put my watch in my handkerchief, and then in my coat pocket. I lighted of her at the upper end of the Market, and was about an hour with her. I did not miss it till after I got home: she was taken up the 29th of February: Before the justice she own'd the taken my watch and handkerchief. The constable has the watch, his name is King, he lives in Newtoner's-Lane. ( He produced the chain and two seals that were on the watch, which the constable return'd him.)
Q. What watch was it?
Pullin. A silver watch.
Daniel Stebbing . The prosecutor lives with me, he knew her and described her to me: he had intelligence where the woman was: I and another man went and found her; we asked her, if she was the woman that robbed the prosecutor of his watch ; she said, she was; that she picked his pocket, but did not think there had been a watch in the handkerchief when she took it.
Q. How long was this after the robbery?
Stebbing. This was about three weeks after that ; she said she would carry us to the man she sold it to, one Thomas Morris , that owns the lodging house where she lodged; she knew the prosecutor and his name very well; and as soon as she saw him, she said, that is the man that I had the watch of; she said, after he was gone from her she went to pull the handkerchief out of her pocket, and the watch fell out of the handkerchief. We took her before a Justice in Bow-street, there she owned it before the Justice.
Q. What did she say she sold the watch for?
Stebbing. She said, she sold that for a guinea, and the man proved a rogue and gave her but 15 s. we went to that lodging house; the man went off, and has not been heard of since; there was an old man there, he said, he knew nothing of it; after they found we had got the woman, they advertised the watch in the hop-garden, one of the lodgers of the house carried it down there, as they have owned since.
Q. to the prosecutor. Did you know the prisoner before?
Pullin. I don't know that ever I saw her before she robbed me.
I met this man, he picked me up one night, he would not let me go home; he made a bargain to do what he should not do; he would not let me go till he did ; after he was gone I saw the
Guilty 10 d .
252. (L.) Judith Gibson , spinster , was indicted for stealing one cotton gown, val. 2 s. 6 d. one worsted stuff gown, val. 5 s. one pair of stays, val. 12 d. one sheet, val. 12 d. the goods of Susannah Holley , Widow , Feb. 1 . + Guilty .
253. (M.) Robert Lake , was indicted for that he on the King's highway on William Noble , Clerk , did make an assault, putting him in corporal fear and danger of his life, one metal watch, val. 40 s. one half-guinea, and nine shillings, in money numbered, from his person did steal, take, &c . March 10 . ||
William Noble . On Friday the 10th of March, about eleven at night, on a hill called Mount Pleasant , I was attacked by three fellows armed with pistols, who threatened to murder me if I did not stand; one of them flash'd his pistol at me, another struck me on the head. I told them I was neither able nor willing to resist them, and hoped they would not use me ill: two of them held me by the arms, whilst the third rifled my pockets: they took from me my watch, and half a guinea, and about nine shillings. One of the robbers was in a white coat of the make and size of the prisoner at the bar; I saw his face very plainly more than once during the robbery, and verily believe the prisoner is the man, but I dare not positively sware to him; but this I do positively sware, that a man was coming up the hill and near us, while the robbery was committing, and the man in the white coat went to him and bid him retire, or he would beat or blow out his brains, or to that effect. I little thought to have heard any thing of the robbers; but the next day, my wife having occasion to buy something in the neighbourhood, heard that there had been a robbery committed in that place the night before: that one Perrin saw the robbery, and knew one of the robbers; he is servant to one Mr. Brumley: I sent for him; he came; I asked him, whether he had seen a robbery on the hill the night before; he said he had; I asked him, what part of the hill: he said, that part that is over against Hog-Island, which was the very place. I saw the prisoner in New prison the day after his apprehension, and I had a strong remembrance of his countenance but don't sware he is the man.
Q. Was it light or dark?
Noble. It was a moon light night and there was a lamp near the place.
John Perrin . On Friday night the 10th of March, about eleven o'clock, as I was going from Mr. Brumley's still-house to Gray's-Inn-Lane for a pint of beer, as near as I can remember, on Mount Pleasant I heard a gentleman say, take what I have got and welcome, but don't use me ill. I was got near, but drove back by the prisoner at the bar; he held a stick up to me, and said, d - n your eyes if you don't turn back again about your business, I'll knock your brains out; he was in a white duffil coat. I retired and went directly into the still-house, and there staid: I told two of our men, that had just come out of the tun from throwing off the grains of it; and that I knew one of them very well; and that the other men that was with him were rifling the gentleman they were robbing, while he came to me.
Q. How near was you to them?
Perrin. I was nearer to the prosecutor than I am now to my Lord.
Arthur Smith . I had a warrant brought to me by Mr. Noble. I went to the prisoner's house in the afternoon the 11th of March, but I did not take him till eleven at night; he was sitting on his bed undressing himself, his coat and waistcoat were off, lying on the bed; it was a white duffil coat; we found a pistol under his bolster.
Benjamin Cleyton . I was at the taking the prisoner. When we went to his house in Church-Lane, St. Giles's, his wife was crying; she said, she was going to be murdered by her husband; I push'd by the prisoner, and said, it is search night, and made up to the bed's head, there I found a pistol charged and prim'd, there was a white duffil coat lay on the bed.
The prisoner said it was all spight, and call'd Joseph Bradley , John Bennet , Walter Priest , Peter Worral , and Sarah Palmer , who lived near his Father in Chick-Lane, who spoke well of him, but could say but little of the prisoner.
Guilty , Death .
255, 256. (M.) George Hall , and George Basset , were indicted for that they on the 6th of April , between the hours of one and two in the night, the dwelling house of Samuel Sumpshon did break and enter, and forty-six handkerchiefs, value 7 l. did steal, &c . April 6. ++
Samuel Sumpshon . I live in Chiswell-street , am a leather-clog maker ; my wife does business in the shop, which was broke open, April 6th; I did not know of it till a quarter before five the Tuesday morning; I fastened the house and shop over night, about ten o'clock, every thing was safe when I went to bed; I was alarm'd by three men, viz. Brebrook, Maryot, and Revington, who call'd me by my name. I ran down stairs, I missed the handkerchiefs that I am possitive were lying in the window that night, of which my wife will give a better account; I found a hole in the glass and in the window-shutter, they had got some handkerchiefs tied up in a bundle, they had the prisoners there; then they ordered me to appear at Justice Withers's at ten o'clock, my wife did not get up till after they were gone: I went accordingly to the Justice, the prisoners were there, they did not deny the robbery, but both owned they took the things, and that it was dark at the time, and all that they had taken, the men had that took them, but it being dark, they could not tell the colours.
Elizabeth Sumpshon . I am wife to the prosecutor; I am very certain all the handkrechiefs were safe, lying in the window near the street, forty six in all, and the shop too, over night at 10 o'clock, I saw them so myself, the handkerchiefs were in parcels, in one twelve, in another eight, another seven, &c. I can't tell how many parcels : I having a young child, did not get up when my husband did, I got up between six and seven; I found the window-shutter with a hole in it, likewise the glass, and the handkerchiefs all gone; the men came to our house again between eight and nine, and brought some handkerchiefs, I said I knew them, and could tell the number of them within one or two; before the Justice I asked him leave to ask the prisoners one question, which I did, I asked them, when you took the handkerchiefs out, there were two parcels of yellow handkerchiefs, do you remember that? one said, I don't remember because it was dark; said I, can you remember how many large parcels there were? Hail said, he did not: said I, this is strange, that out of forty-six, I should have but twenty-five; he said, all we took, they took from us.
James Brebrook . Last monday, Remington, Maryot, and I, all agreed together to watch for George Hall, he having been lately come out of prison, and his wife had got new cloaths; we saw he had a light in his room, it was a lodging-room, in Kingsland Road; we staid in a stable near the place where he must come by, and about the hour of two, the watchman was calling the hour, Hall came by with a bag on his left shoulder, from Shoreditch ward, with the other prisoner, his wife was in bed, and had a light in the chamber, he knock'd at the door, his wife let him in, I had left my shoes in the stable, and followed them up stairs, I heard them whispering, then I went in; I came down again to the other two in the stable, and said, I really believ'd they had got something they had stole, and said, I'll go and break the door open; I went up again, and looked in at the key-hole, I saw a handkerchief lie on a chest of drawers, then I knock'd at the door; Hall said, who is there? I find, it is I; he opened the door, and the handkerchief which I had seen with a bundle in it, was removed away; then I said, I saw you come along with a little fellow, and you had a bag on your shoulder, then Charles Remington came up; I took the candle and looked in the closet, there was the other prisoner; Hall gave a spring down stairs, Maryot was there, and took hold on him, then he call'd out for mercy, and said he was a dead man ; we found the handkerchiefs behind the bed; then Hall told us where he got them: we handcuffed the prisoners together, and they brought us to the prosecutor's house, and shew'd us the hole, and how they got them, then we call'd the people up.
Hall. We have no occasion to deny it, we did the fact: going along, these men said, the people should not have all the handkerchiefs, we'll keep twenty of them for ourselves: we took forty-six handkerchiefs, and they produced but twenty-six.
(The handkerchiefs produced in court, and deposed to by the prosecutor's wife; and that there were twenty missing. )
Both guilty , Death .
William White . I live at Edmonton : I am a farmer ; on the 29th of July, I lost twenty wether sheep, out of a Close, call'd Farmer's-Green, where I put them, I had had them from the Tuesday in Whitson-week, I saw them the 28th, between 6 and 7 o'clock; I advertised them in two or three days after, and had word sent me, that there were such a parcel of sheep taken up at Rootam in Kent; I went down and found them to be mine, then I went before a Justice and swore to them: I never saw the prisoner till now.
White. No my Lord, there were amongst them one black one, one with a crooked horn, one with one ear pull'd down, and one with a plaister of pitch with leather laid over her shoulders; I know they are all mine, they were Northamptonshire full-mouth'd sheep.
John Ashby , a daily servant with the prosecutor, confirmed that of Mr. White's evidence, as to the time left, the number of the sheep, going to Kent with his master, and finding the sheep, and could swear to those particular mark'd ones, as his master's property.
Richard Lane, a drover, deposed he was upon the Read, and saw the prisoner driving these twenty sheep, and mentioned the particular ones, as the others had done, that the first place he saw them at, was near New-cross Turnpike, that he asked him where he was driving them? he answer'd, he was to drive them on the Maidstone Road, till a man over-took him that had set him to drive them, who he said was behind, that he drove them very hard, and that he saw them several times betwixt there and Crawford; that on the Monday he saw the sheep and man at Rootum, when the prisoner was in custody.
John Terry . I live at Rootum ; on Wednesday morning the 31st of July, the prisoner came by, with the twenty sheep, he asked if I would buy a sheep? I bought one for 12 s. I ask'd where he brought them from? he said from Cock's-Heath, then I ask'd him who they belong'd to? he said he did not know, it was a farmer, that he was driving them to London, but did not know to who; then he went away with the others: after that I began to think he had stole them; so I and Humphrey Hughes concluded to go after him, we over-took him about a mile out of town, the sheep were lying under a tree, we found him sitting on a style; Mr. Hughes got to him first, and said, friend, you must give an account how you came by these sheep; the prisoner said, what sheep? I have no sheep; he seeing me on the other side the hedge, on horse-back, jump'd off the style, and ran away about half a mile, and push'd into the hedge, there we took him; when we were bringing him along, he flung the person down that had hold on him, and ran away again towards a wood, I rode after him and knock'd him down; then we were about half an hour before we could fasten him: we took him before a Justice.
I was hired to drive them sheep, being a stranger I drove them along, the man did not follow me, one of them was tired, it could not walk, so I turn'd back again, then they came and took me up.
Guilty , Death .
Andrew Scheult . On the 26th of February, about 3 in the morning, I was coming from the city-home to King-street, Seven Dials; I met with the prisoner in Palsgrave-head Court, she took hold on my arm, I ask'd her what she did there so late, she said she could not help it, she was poor, and asked me to give her a shilling, which I did, thro' good nature, then I gave her another.
Q. How long after was it you gave her the second shilling?
Scheult. It was in less than a quarter of an hour after; I ask'd her what her name was, and where she liv'd? she said her name was Catherine Messenger , and liv'd in Brown's Gardens, by Monmouth-street, then I parted from her; after that I look'd for my money; and found it safe in my pocket, thirteen guineas and an half in gold; I went strait forward, she came running after me at the corner of Arundel-street in the Strand, and ask'd me for something to drink, said I, if there is an honest house open, I'll go with you; she took me to the Red-dragon in that street, the people were not up; then I said I would go home, and desired her not to stop me, she sat down on the bench at the door, and desired me to sit by her, I would not, she put her hands round my waist, and in less than six minutes she had her hand in my pocket, and ran away directly; I put my hand in my pocket and missed nine of my guineas, (they were all loose in my pocket,) I lost sight of her in a minute, I called out, but there was no body there,
Q. Was you sober?
Scheult. I was not quite sober, I was a little merry; I had receiv'd that money about eight in the evening before, in Leadenhall-street.
Q. Had you been in company with any other woman that night?
Scheult. No, I had not.
Q. to prosecutor. How much did you tell that evidence you had lost?
Prosecutor. I told him no more than nine guineas.
Henry Galand . I live at the Eagle and Child, St. Martin's le Grand, the prosecutor was at my house, at a Club, the 25th of February; when he was going away betwixt one and two in the morning, he said to me, I have got a parcel of money here, I wish you would take care of it, I said it would be the best way so to do; he shew'd a large quantity of gold open in his hand; then he said he should be oblig'd to come into the City to-morrow for it, I will take it with me: I saw him put it in his pocket.
Philip Cock. I was coming along the Street, March 3d, about 6 o'clock at night, Thompson asked me to go into a house to drink; I went into the house, I said I had no money, Thompson; she keeps the house, she brought a bottle of beer, said she, if you have no money, you have money's worth; she desired me to give her a bill for the money, so I gave her a note for three shillings; then she snatch'd my watch out of my pocket, and ran away with it; I staid for her coming in again, and another woman said you have no business here, you shall go out of the house; a gentleman going by, said what is the matter ? I told him they had got my watch; he said, don't go out of the house, I'll fetch assistance; he went away and fetched Mr. Stephen Pett , the beadle of the parish; the woman came in again, thinking I had been gone: at last she owned she had the watch; one said to the other, do you give it him, you know where it is, the other said, do you, for you know, &c. at last they went to the back part of the chimney, and took out a piece of mortar, and then the watch, and delivered it to me. (The watch produced and deposed to.)
Both acquitted .
261 (L.) Matth.ew Doharty , was indicted for stealing one glass bottle, full of ale, value 6 d. two glass bottles filled with champaign, value 4 s. three with burgundy, value 4 s. the goods of Richard Plumpton , March 8 . * Guilty 10 d .
Ann Mackintosh . Last Monday was se'nnight, the prisoner's own sister's husband lay dead in her house; there was a dispute betwixt the prisoner and her husband, about who should wear a cloak to the burial, which was just about going out, she thought it more proper for him to have a cloak, rather than the man that had it, and told him if he would not, she would mob him to the ground : he said, G - d blast you out of the world, and hit her a back-handed blow on the face; then she flew to the fire, took up an iron holdfast about nine inches long which they used to stir the fire with, and being about three yards from him flung it, it stuck in his side, he doubled himself together, and said, I am stabbed! I am stabbed! it is in my ribs! her sister took it out, he lived a week after this.
Mary Eastraw . I am own sister to the prisoner; she was at my house at the burial of my husband, who was a drummer, her husband was a soldier . She confirmed the testimony of Mackintosh, with this addition, that the deceased had done business after the wound given, he mounted guard the next day, and earn'd a shilling in carrying seed.
William Bird , a surgeon, deposed, he open'd the body after dead, that there was a wound on the right side on the tenth rib so large as to receive a finger; that the rib was broke and part of it carried in, &c. and that the bowels were inflamed with a considerable quantity of matter amongst them, which he apprehended came from the wound, and by its being confined there, he imagined was the cause of his death.
But as neither of the woman saw him die, or afterwards, but as the Coroner ordered them to go and look at the body upon his inquest, the body lying in the guard-room, the serjeant and soldiers did not let them go in (as the body smelt much) and the surgeon could not prove that the body was the identical
John West . I am a bricklayer : I live at the King's-arms, Lambeth. I was coming home from the pay-table on Saturday-night, March 14, the prisoner picked me up near Westminster-bridge, she asked me, if I would treat her with a pint of beer: I said I would; I was a little in liquor and had a hock of bacon under my arm; she after that, asked me to go to her lodgings, at her sisters, saying, she had a very good feather-bed. I went to this sister's as she called her; she told me I was to give her six-pence and she a shilling to lie with me all night. I gave her sister three-pence to fetch a pot of beer: and while I was busy playing with the prisoner she picked my pocket of five shillings, and said, now we will go to bed presently and jostled me on the bed: I saw her go to the window with money in her hand, to see what it was: I sat a little while to consider with myself: I put my thumb and finger into my fob; there was but 1 s. 6 d. left, she was upon me in a manner when she jostled me on the bed: she came again a second time after she had been at the window and put her hand in my pocket; then I felt her hand plain; I lost 5 s. and upwards; then she went away; I said, I was robbed and wanted to call the watch; then they throw'd my hock of bacon down stairs, and shov'd me down stairs; then as she was gone I charged the sister.
Robert Staines . I am a watchman, the prosecutor came to me and said, he was robbed, and that they had conveyed the woman away, put the candle out, and push'd him down stairs, and flung a hock of bacon down before him, which he had bought, he charged me with a woman that was there; took him and her, and confined them both in the watch-house; I went and told the people if they did not find the woman, I would search the house through, then they brought the prisoner to me, and I discharged the other woman that the prisoner called sister.
Please to let my evidences be called in my behalf.
Peter Snee . I live in Aldermanbury . On Saturday Feb. 1, between eight and nine at night, I was writing in my bedchamber, my servant came up to me in a great fright, and told me John Knight had stole a silver mug, and two silver spoons from out of my kitchen window; his mother was nursing my wife, who lay in at that time. On the 2d of February I advertised the mug and spoons: One Mrs. Ferguson, a pawnbroker, sent me word that John Knight had brought the mug and pawn'd it for 3 l. I knew nothing of the prisoner; I went there and she delivered it to me; ( produced/ in court and deposed to) I never heard any thing of my spoons.
John Burry . I live in Barbican with Mrs. Ferguson ; I know the prisoner; his father and mother have pawned things sometimes at our house; the prisoner pawned the mug with my Mistress Feb. 1, for 3 l. I was present in the shop.
Samuel Tutton . I am servant to Mr. Snee; the prisoner came to my master's house the 1st of Feb. to speak with his mother, about four o'clock in the afternoon, and staid till between eight and nine; after his mother had spoke with him she had him into the kitchen and entertained him; then he sat down by the fire and slept till between eight and nine. I went to the market for some butter and left him and the cook together in the kitchen; when I returned, he, and the mug, and the two spoons were gone, and the door open.
Ann Savage . I am cook to Mr. Snee, the silver mug was in the window, when the prisoner was in the kitchen; the bell rung and I went up stairs; when I came down again the prisoner was gone and the door open. She deposed to the mug as her master's property.
Guilty , Death .
William Jervice , being fixed to the dwelling-house of the said William , April 8 . || Both Acquitted .
267. (M.) Morris Salisbury , was indicted for stealing four silver spoons, val. 10 s. one piece of coral set in silver, val. 5 s. four silver buckles, and two guineas, the goods of John Amory , in the dwelling-house of the said Morris , Feb. 19 . || Acquitted .
268. (L.) Thomas Ashley , was indicted for wilful and corrupt perjury on the trial of Joseph Goddard , (See No. 471. in Cokayne's Mayoralty) in swearing he met Simons the Jew near Brentford-turnpike, and asked him to drink a pint of beer, that he then took hold of his beard in a joke, that the Jew held up his staff and struck him, that after that he throw'd the Jew in a ditch and scratched him in the bushes, and flung a stone which fell on his head and broke it three weeks before . Sept. 11 . ||
The witnesses were examined apart.
Thomas Gurney . I was here and saw Goddard tried in Sept. sessions. I remember the prisoner was a witness examined on the behalf of Goddard. I saw him sworn, to speak the truth and nothing but the truth, After which he said, I met with this Jew near Brentford Turnpike, and asked him if he'd drink a pint of beer; I then took hold of his heard in a joke, and he held up his staff and struck me; a man there said, go along old Jew, or you'll have your drubbing; I ran after him and put him in a ditch, and scratched him in the bushes, then I flung a stone at his head and broke it; he held up his hands and his head bled at that time: being asked at what time this was, he answered this is three weeks ago.
Q. Do you remember any thing said by the jury that they were satisfied before Ashley was sworn?
Gurney. I do not.
Henry Simons . On Wednesday the 21st of August, between four and five in the afternoon, as I was walking on foot my leg began to swell; I went in at the Rose and Crown on this use Smallbury-Green to ask if I could lodge there. I saw a witness that is here, Lettice Sergeant, I told her I would pay her for what I had if they would let me lie there, the woman went backwards to ask, in the mean time the prisoner brought some beer out at the door, and asked me if I would drink with him; I would not drink at all; he attempted to pull me by the beard, but never touched my beard: I gave him a shove from me; I had a walking cane in my hand, but did not hold it up; I never meddled with him; after this the woman came out and told me I could not have a lodging. I went away; the prisoner came after me and I began to run, he hollow'd after me, stop thief, and ran after me, there were gentlemen on horseback; I ran between their horses; the prisoner seemed to be a little in liquor; after that I went to Brentford, and there lodged at the Red-Lion; I neither stumbled not tumbled at all; there was no stone throwed after me, nor none touched me: I had no would nor mark of blood about me: it was not above two minutes from the time of Ashley's asking me to drink, and my coming up to the men on horseback.
On his cross examination he said, he returned to London the day following, that between the 21st and 29th of Aug. he continued there, and set out on Wednesday the 29th for Bristol, and that night he was robbed.
Lettice Sergeant. In August last I lodged at the Rose and Crown, the house of Charles Rickets , on this side the turnpike on Smallbury-green ; I was there from the latter end of April to Michaelmas Day. I remember on the 21st of August Mr. Rickets was starting of beer: Ashley, the prisoner, was there almost all that day, he had been drinking: there are two benches at the door, the Jew came there, he sat on the bench on the left hand and I on the right: he asked me for lodging, as well as he could in broken English, he turned up his linnen and opened his bosom to shew me he was a clean man, and that he would pay for his lodging. I went in and asked Mrs. Rickets if she would lodge him. She made a pish at it; I came and told him he could not lodge there I believed. I went by his desire again; she said, that she could not give an answer till she saw her husband; in the mean time, the prisoner went out of the house with a pint of beer in his hand, and said, old father, will you drink? the Jew shook his head, and said something, but I don't know
Q. How many people saw this affair between the Jew and the prisoner?
L. Sergeant. The prisoner's wife, one Rose Ford, and one Baily a butterman.
And on her cross examination she said, The prisoner catched hold on the Jew's beard, the Jew had a stick in his hand, but never offered to lift it from the ground, or offered to strike him: that the Jew said, no heard, no heard : that the Jew did not run till he saw the prisoner running towards him. That the prisoner gave him a heavy curse; that she continued sitting on the right hand side in the poach, but got up and went into the road while they were running: that she saw no stones throwed: that there is a very clean ditch, no briars to hang over it, it is a deep ditch, on one side; but the Jew run more on the other side: that the Jew crossed right against Madam Spire's, having not run above twenty yards before he crossed the way.
Rose Ford. I remember seeing the prisoner and the Jew at the alehouse, near Smallbury-green : I was at the door when the Jew came up, Ashley stood at the door with a pint of beer in his hand, he asked the Jew to drink; he refused to drink. I came away from there, it may be about thirty or forty yards from the door; I had my little boy with me: I stood still looking about me; I saw the Jew come from Mr. Ricket's door, and in a little time came Ashley, swearing and cursing, stop thief, he has robbed me! they ran strait the road, then crossed into the foot-path ; I gave the Jew room to come by me. Ashley was so fuddled he never could overtake him, neither did he throw a stone at him, nor was he thrown in a ditch: there were some gentlemen coming; the Jew ran between their horses: they asked, what was the matter? I said there was nothing the matter, he had robbed him of nothing. Ashley answered, he has robbed me of my beer. The Gentlemen said to Ashley, you sorry man, let the man go about his business, and do you go along with us to the Rose and Crown or we'll horsewhip you.
Q. Is there a ditch?
R. Ford. There is a ditch, but very little briars and things grow over it; there is a wall by Mrs. Spires's.
Q. How did any body know you was able to give evidence of this?
R. Ford. I told it to my landlady Elizabeth Jennings , as soon as I got home; I talked of it many times after he had swore against the Jew. The Attorney heard of it and so subpoena'd me. (On her cross-examination she said, after being often asked) there was no stone thrown: that she had them in fight all the while, and was positive of it; that she saw the very beginning of it: that she had been chairing at Rickets's house.
Gregory Wright . I live at the Temple-Muse, Fleet-street, White Fryars, on the 21st of August last, I set out from my house after one o'clock, for Newberry-Fair by myself, till I came on the other side Hammersmith, there Mr. Pain and Mr. Mercer overtook me; we lay at Maidenhead that
Q. Had there been a stone throw'd?
Wright. I saw none throw'd, and believe the man was so drunk that he was not able to pursue or over-take him: I saw the woman at the door the time they were running, they crossed the road backwards and forwards; the Jew kept, it may be, fifteen or twenty yards before him, I kept my eye, upon them from the first of the calling out stop thief! On his cross examination he said, When they first heard the alarm, he believed the Jew might be within fifty yards of the alehouse, and they about two-hundred yards from the Rose and Crown alehouse ; that they were nearer that than the Coach and Horses; that they met the Jew about two-hundred yards on this side the Rose and Crown alehouse ; that he saw no blood or mark at all on the Jew, that he made no such complaint or sign to his head, but said my beard, and sign'd to it.
Ambrose Pain . I keep a farm and deal in horses, and I live at Tottenham-high-cross ; I was in company with Mr. Wright and Mr. Mercer, on the other side Brentford, on this side the Smallbury-green Turnpike ; I don't know the signs, I saw the Jew drinking, and a man pursuing him. I can't say I heard the cry of stop thief! the Jew seem'd to be terribly frightened, and got between Mr. Wright's horse and mine; he sign'd as if the drunken man attempted to pull him by the heard; I did not see him dirty, as if thrown in a ditch, nor scratched any more than I do now; I saw no blood about him, neither did he make any signs to his head; we prevented this drunken man from hurting him, and I believe I called him rascal and villian for his pains; I beckon'd to the Jew to get away, he immediately went away; I staid a little while and left Mr. Wright and Mr. Mercer, and kept walking on, and said he is safe enough now, the man was gone a pretty way from them; the drunken man was fallen down on the road, and a woman came to him and had got him by the arm; I can't say I know these women again, there was a woman or two there.
Stephen Mercer . Mr. Pain, Mr. Wright, and I, were going together for Newberry ; this Jew was running and the prisoner pursuing him; the Jew was about fifty yards from the Rose and Crown alehouse when I saw him first; the prisoner called out stop thief! the Jew was about fifty yards before him, they kept making towards us, the prisoner was so fuddled he could not catch him; we threatened to horse-whip Ashley; Mr. Wright asked Ashley what he had robbed him of, he said of his beer; then he said tell me what beer and I'll pay for it.
Q. Did you see any stones throw'd?
Mercer. There where none at all throw'd, we all looked at them, the Jew was not thrown in the ditch, nor no appearance of dirt upon him, or scratches, or blood upon him then; he put his hand up to his heard, and said, ( pulla me heard, pulla me heard,) was all his complaint; we stopp'd Ashley, and saw the Jew almost to the bridge, going to Brentford ;
Q. to Mr. Wright again. How came you to know of this trial to give your evidence?
Wright. I was waiting at the door of the grand jury last sessions, to find a bill against a person; as I was leaning over the rails, I heard Lettice Sergeant talking about the affair of this Jew; the Jew I observed looked me out of countenance; I asked his interpreter what he look'd at me so hard for, he said he believed he knew me. The woman said she was come to support the cause of this poor unhappy man, and added, that in August last there were four gentlemen coming on the road when he was pursued, and he has made all the enquirey he can to find them out, and can't find any of them; said I what time in August? she said the 21st; I look'd at the Jew, and saw he was the same man; I ask'd his interpreter whether he was pursued by any man, he said yes, he was; I said to the woman, I know the men, by which means I was brought to the grand jury about this affair; this bill and mine were in together.
Mary Ridgway . I live at the Red-Lion and Punch-Bowl in Old Brentford ; this Jew came and ask'd for a lodging at my house, the 21st of August last, in the afternoon, before dark; I turned up his cloaths and said, if he was clean he should; seeing him very clean, I bid him walk in, he came in, he said Selse, Selse, hundreds I did not understand him, I thought it was to lie by himself, what he meant don't know, when he lay down in the bed I went to fasten the door, he opened his bosom, I saw a belt next his skin; after he was in bed, he turned the cloaths a little back and said, hundreds, hundreds again. I had before taken notice of his face and hands, fearing he had got the itch; he was all clean, had no blood, nor scratch upon him, he had no dirt on him.
Q. Did he make any complaint of his head?
M. Ridgway. He made no complaint to me, I make all my beds myself, there was no blood about the sheets the next day. He came again the 28th of August, I ask'd him if he would lie there then, he said no, Bristol, Bristol, said I don't tell of your hundreds fearing you should be robbed on Hounflow-Heath ; then he turn'd himself round, and pull'd out a piece of gold much like a half guinea, I asked a woman what it was, she did not know, then I delivered it to him again, and by his meaning, as far as I could understand, it was a ducat, he said he had hundreds.
Elizabeth Gill . I liv'd with Mrs. Ridgway in August last, I saw the Jew when he ask'd for a lodging, he was examin'd to see if he was a clean man, Mrs. Ridgway said he would not lie with company; when he came in I saw no dirt on him, or scratches, or blood, or wound on his head.
Eliz. Jennings. Rose Ford lodged with me in August last; she came in a doors in a great hurry, and asked me if I had seen a Turk go by; then she said, I mean a Jew. I said I did not observe. She said, that fellow, Tom Ashley , has been running after a poor man, calling, Stop thief! and I am sure he did not rob him of any thing, or do him any wrong; that he had called at the Rose and Crown to ask for a lodging; that four men were on the road and asked what was the matter, and she said nothing at all; that they asked Ashley what he had robbed him of; he said of his beer; that the gentlemen said if Ashley would not go back to the Rose and Crown they would horsewhip him; and she said that was very good of them, and added, Ashley is now gone to the Rose and Crown, and the Jew is gone on the road.
Richard Strickland . The prisoner at the bar told me he had been a witness at the Old Bailey for Mr. Goddard, and that Goddard was cleared, and that he took him down to his house to be paid for his trouble: that after he had made him welcome he took him by the hand and led him to the door, and said Mr. Ashley I shall have a respect for you all the days of my life, for you actually saved my life, though I deserve to die, for I actually robbed the man: then he took him in again to pay him for his trouble, and asked him what he must have: he answered, he would trust to his honour: then Goddard throwed him down half a guinea, and asked if that would satisfy him: he grumbled, and then he threw him down a crown more, and at last he made it up a guinea: then as he went away he told him to come again such a day, there would be some gentlemen there. He went, and said he thought there were a hundred gentlemen at the table; that they called for a plate to gather money for him; that a gentleman had gave a shilling, then Mr. Goddard came and took the plate out of his hand, seized Ashley by the collar, and turned him out at the door, saying, he was a rogue: so he went away very angry: some time after this there was a trial to come on at Westminster-hall,
Q. How long have you known Ashley?
Strickland. I never knew him till I went to work with him, about a month after Michelmas last.
Q. When did he tell you this?
Strickland. We have talk'd much of this in our work; and one time he told me, as we were going from London home, the 10th of Febr. which was Shrove-Monday, that Goddard took him to the Black Bear in Piccadilly that night, and he was to come for a witness at Westminster the next day; he said he told Goddard, he had better not let him be a witness, unless he would give him five guineas, or if not, he would blow, and tell all he had told him.
Thomas Woodman . I had a warrant brought to me from Mr. Waters, to go to take Ashley ; I went down to Twickenham, and was told, he was in the Earl of Northumberland's garden at work; I did not care to go there, but waited till six o'clock for their leaving work; I was going up to the garden that I might see him, to know him, I had a servant with me, that walked behind me, he stopp'd Ashley, I turned back and told him, I had a warrant against him; he seemed very much surprized; and asked me for what? I said, I supposed he know'd, but when we came into the chaise I would inform him: I took him into the Inn, where my horses were, and in a room I told him the purport of my warrant was for giving evidence for Goddard at the Old Bailey, I had a warrant from my Lord Mayor, backed by Justice Fielding; I said I suppose you are no stranger to it; you know you ill treated the Jew, and it is a very bad thing you did to a stranger; you ought to let strangers go about their business: you broke his head; pray, whereabouts did you break it? he put his hand to his temple, and said, hereabouts ; I got him into the chaise, and rode with him in it, and let the constable ride my horse; as we were going along, he told me, that the night Mr. Goddard was discharged at the Old Bailey, he went home with him, and after some time, Mr. Goddard took him out into his yard, and shook him by the hand, and said, Mr. Ashley, I thank you for the good office you have done me, you have saved my life, I ought to have -
Prisoner's counsel. What he says, Mr. Goddard said, is no evidence, and ought not to be mentioned here.
Woodman. He said, Goddard gave him half a guinea, he grumbled, and said, you may as well give a guinea as a shilling; that they had some words; then he made it three crowns, but at he made it a guinea.
For the prisoner.
Charles Rickets . I live at the Rose and Crown, a little on this side Smallbury-Green Turnpike: I remember this Jew came to my house the 21st of August, about three or four o'clock: Ashley at that time was there, he work'd with Mr. Clements ; the Jew ask'd for lodging, I said to him, he was of the wrong country; when he found he could not lodge there, he was going away from the door; Ashley had been drinking a little, he offer'd some beer to him out of his pint: instead of giving him beer, he laid hold on his heard, and shook him by it, Ashley did not deliver his pint to him; then the Jew took himself away, about ten or fifteen yards, he had a sort of a cane, and a black string to it, he shook it at him: then Ashley ran after him, and pelted him with gravel stones across the road, backwards and forwards, whether he hit him or no I can't say, he flung several handfuls of loose gravel stones, a dozen times very likely.
Q. Which way did they run?
Rickets. Towards Brentford Bridge, there were some horsemen came up, so we could not see whether the Jew was in the ditch or not. The horsemen said when they came to my house, the drunken man had throw'd him in the ditch: they were gentlemen like, they came and asked why the Jew was used so ill? my wife and I both spake to them: then they ask'd if he had left his reckoning to pay? we said he had nothing to drink, nor did he ask for any, only lodging: I saw no more of the Jew, nor did I see Ashley till next morning.
On his cross examination he said, He was here on Goddard's trial, that Ashley then was examin'd, that he himself was also examined then, and gave the same evidence he does now: that he then said he saw Ashley pelt the Jew with gravel stones, and he told the same then, as to the horsemen telling him Ashley had put the man in the ditch; that he was waiting upon some gentleman with liquor at the door, at the time: that some of the gentleman were on horse-back, some on foot: that some of them live at Windsor: that he spoke with the Jew twice himself before Ashley came out with his beer: that he saw the Jew go to lay hold on the pint pot, and was within three or four yards of them at the time: that the Jew might be twenty or twenty-five yards off, before Ashley
Q. Has not Mr. Goddard been now out of the court to tell you what the witnesses have sworn for the crown, before you came in.
Rickets. Mr. Goddard did come out, but I did not hear him say any thing at all about it.
Q. to Mr. Wright. Did you, or any of you, tell this witness the drunken man had thrown the Jew into the ditch?
Wright. When this witness said so, it gave me a shock: we neither of us told him so. I saw Ashley down: there were none but women at that man's house when we came there.
George Wheeler . I was present at the Rose and Crown when the Jew applied to Mr. Rickets for lodging; Mr. Rickets said he had none, he was of the wrong sort: Ashley came out there with a pint of beer, and asked the Jew to drink: the Jew went to drink, Ashley catched the beer away and took hold of his beard and gave it a shake or two. The Jew said, Don't, don't, let me alone, in English. He went away about 15 or 16 yards, and shook his stick at Ashley: Ashley ran after him all down the Road, and threatened to knock him down; we stood at Mr. Rickets's door: the Jew was about five or six yards before him; as they ran Ashley threw stones and pelted him all down the Road as far as I could see: I saw him pick up stones, gravel, and one thing or another: I saw none of them hit him: he followed the Jew 200 yards and above. I did not see him throw him in the ditch; he was very near it once on the right hand side: the horsemen stopped all at once, and I could not see him any more.
On his cross-examination he said, He was servant to Mr. Freeman a brewer; that they were starting beer at Mr. Rickets's house, and putting the butts into the cellar; that he saw the Jew come up first and ask for lodging; that he had not seen Ashley before he came out with a pint of beer in his hand; that the Jew had not given him any offence as he knew of; that Ashley picked up stones to throw when the Jew was about fourteen or fifteen yards from the door, and continued throwing all the way as far as he could see, till they met the gentlemen, now and then stooping and hallooing; that he heard nothing of stop thief; that he did not see the Jew go in between the horses; that the gentlemen might be ten or fifteen minutes talking to Ashley in the road; that he went into the cellar to work, and don't know what became of Ashley; that he did not see Ashley fall; that he saw Ashley's wife go out of the house to stop him, but did not see her come up with him.
James Chivers . I was one of the brewers: the last witness and I were laying down beer at Rickets's house: I saw the Jew come up to the door to ask for a lodging: the prisoner was in liquor: the landlord denied the Jew lodging; he went away, Ashley followed him and pelted him along the road: he might catch up the gravel and fling at him. I am sure I saw that, but can't tell how often. They ran a good way down the road, it may be a hundred yards.
Q. Did you see the Jew down in the ditch.
Chivers. I did not, nor any blood upon him. I went down in the cellar to work as the gentlemen rode by.
On his cross-examination he said, The Jew went away directly on his being denied lodging; that the Jew was but about the length of the Sessions house from the alehouse when Ashley began to follow him.
John Bendwell . I was by when the Jew applied to Rickets for Lodging. Mr. Rickets denied him; he asked again and pulled out money, I think it was a sixpence, and said I have money to pay. Mr. Rickets said you are of the wrong Country, I can't lodge you. Ashley came out with a pint of beer in his hand, and asked him to drink, he offered to take the beer; instead of that he took the Jew by the beard, and shook him pretty handsomely. the Jew got about ten or twelve yards, or more, off, and turned about and shook his stick at him: then Ashley swore if he did not go along he would break his head; he went forward, and turned round in about ten yards more: then Ashley set out after him, and took up stones, one, two, or three I believe, and throwed at him, and ran after him almost as far as we could see, and kept picking up something, we could not tell what: I did not see any stone light upon him: he pursued him, as near as I can guess, about a quarter of a mile; there was a ditch on each side: I saw some Horsemen come up: I saw the Jew in the ditch, he fell against a bank almost a quarter of a mile from us. I saw Ashley at the same time
Q. Are there any bushes on that ditch?
Bendwell There are a very few briars: We laugh'd pretty heartily when they ran down the road; it was a merry thing for us.
On his cross examination he said, There were three servants of us; we had just done our work in the cellar, and was come up: Ashley was in liquor, he began to throw at the Jew as soon as he came into the road: that he did not see a woman with a child in the road; upon the Jews being in the ditch, the horsemen came up and stopped: Ashley was not within reach of the Jew, when he was in the ditch: that he thinks the Jew by looking back at Ashley stumbled into the ditch, he can't say that Ashley put him in the ditch: he did not perceive the horsemen to lend him a hand out of the ditch: they stopp'd right against him when he was in the ditch, that he did not see him go out of the ditch, because the horses hindered their seeing : that he did not stay at Mr. Rickets's door till the horsemen came there, but went in and smoak'd a pipe: that they were all of them in company, and none of them in the cellar to help finish the work, that they had quite done: that they did not see the Jew go in between the two horses: that he is sure the horsemen must have seen the Jew in the ditch: that he did not hear Ashley cry any thing after the Jew; that he hallowed after him, but what the words were, he could not tell: that he did not see any body stop Ashley on the road: that Ashley was down among the horse-men when the Jew was in the ditch; that he don't remember Goddard had spoke to him out of the court.
John Bailey . I was going up to Mr. Rickets with some butter, with a cart and horse: I saw the Jew cross the road against Mr. Spires's, about two hundred yards from Mr. Rickets, coming towards Brentford, Ashley ran away after him, and threatned to kick him, they came so near my horse's head, that I pull'd the reins to stop, fearing I should run the Jew into the ditch; my cart had a tilt, so I could not see behind: when my boy called to me, I saw two or three horsemen come up near the place where the boy said they are in the ditch together: we were about one hundred and fifty yards from the place, I thought it was all gone off.
Q. How far is Mr. Spires's from the Coach and Horses?
Bailey. It is about two or three hundred yards from it. On his cross examination he said, The Jew and Ashley might be three or four yards asunder as they run: that he saw nothing thrown that he did not stop his cart; that the place were his boy said they were in the ditch is about three or fourscore yards from Mr. Bates's the minister's house.
Edward Beacham . I am thirteen years of age I was in master's cart, and saw the Jew and Ashley run, they ran 2 or 300 yards farther than the cart; the cart was pretty near a hundred yards from the Rose and Crown. I saw the Jew stumble into the ditch; he was against the bank; Ashley was not far from him then: I did not see any stones thrown: I could not see whether Ashley came up to him; because there was a mob of four or five horsemen: I did not see Ashley do any thing to him: the horsemen were not within sight when the Jew fell into the ditch; they came up in three or four minutes, they stopp'd, and soon rode away again. On his cross-examination he said, he believed Ashley was eight or nine yards from him when he was in the ditch, that there was a great mob besides horsemen about him, six or seven, when he was in it; he can't say whether the horsemen were come up, before he got out; that he did not see him get out.
Martha James . I live at Isleworth with the Rev. Henry Bates , at the same side Spires lives on; betwixt two and five in the afternoon, on the 21st of August, I heard a noise in the road, when I thought it came nearer I went out; I saw three or four gentlemen-like farmers, and the prisoner in the middle of the highway; I saw the Jew with a long sort of a garment on, a little on this side the prisoner; the gentlemen went away: the prisoner took up gravel and pelted the Jew; then he put his hand to his garment and took out a sort of a dirty rag that was tied there, he held it up to the side of his face, and cried in a mourning manner: I pittied him and thought he was hurt; then master came, and I said there is Ashley drunk, I never saw a man so drunk in my life: he was fallen down in a ditch; I desired my fellow servant to go and help Mrs. Ashley get her husband up, and bring him into our chaise house till he was sober.
Samuel Parnell did break and enter, one wooden till, val. 2 d. one silver tea spoon, val. 12 d. the goods of the Samuel did steal . ++
Mary Parnell I live in Angel-Alley, Bishopsgate street : last sunday was se'nnight, in the morning about two or three o'clock, a man called, going by, and told me my window was open; I get up and found it so; and missed a wooden till an egg basket, I had taken most of my money out of the till, and left a trifle in it, and a silver tea spoon, which was not my own, but left many cutlery; there was a pane of glass broke in my window: the next day, there came a boy with some men; they said to me, is this the house that the window was found open? my daughter had, it was ; then they said, they had got the thieves. I never found my till again.
George Gibbons . The three prisoners and I met together on a Saturday night between eight and nine o'clock; we went to an ale-house, the Peacock in Rag-fair, and drank there till it was time to go, which was about a quarter after twelve, then we went directly to the house in Angel-alley, Bishopsgate-street ; I broke two panes of glass and put in my arm at the top of the shutter and undid the window; it was a chandler's shop; one of the prisoners stood on the steps by me, and one on one side, and the other on the other: I gave the window bar to Legoe, and pushed up a little window, then he took the basket of eggs out and gave them to Holding: I put in my arm and took out the till and money, and gave it to Legoe; he gave it to Caldley ; they gave the money to me, I put it in my pocket ; and the next morning I counted and shared it, there were four six-pences, a silver three-pence, a silver-penny, and about two shillings in half-pence, and a silver tea-spoon along with it; I kept the spoon in my pocket all day on Sunday: then we all but Legoe went and sold it for a shilling, in the Back-lane, Rag-fair, at a house where we had lodged two or three nights ; the man who keeps the house his name is George Balendine , almost right against the sign of the Peacock, beyond the watch-house.
Q. to the prosecutrix. What money did you leave in the drawer?
Prosecutrix. There were some six-pences and some half-pence ; I knew nothing of the silver three-pence or penny, they might be there for ought I know.
William M' Culluck. I live at the house where the spoon was sold; I saw Holding, Chidley, and the evidence, come there on Sunday was a week, about eight at night, they brought it and offered it for twenty-pence to Jane Baldwin , then they went out together and returned and sold it for a shilling.
Q. Did she ask them any question about it?
M.' Culluck. I did not hear her ask any, it was no affair of mine.
Q. Have you seen the spoon since?
M.' Culluck. I have, before the Alderman ; there is T. E. M. upon it.
Q. When did you first see those letters?
M' Culluck. A little after it was brought.
Q. Did not you suspect it to be stolen ?
M.' Culluck. No.
Q. How long have you lodged there?
M.' Culluck. Almost three years. I have a room to myself.
Q. Do you lodge there still?
M.' Culluck. I do: and have since the people of the house run away.
Q. Have you not seen people bring handkerchiefs there to sell frequently?
M.' Culluck. No, I never did; nor spoons before or since.
Q. What house does Baldwin keep?
M.' Culluck. He keeps a lodging house for men or women, as they come.
Q. Have they no other support but that?
M' Culluck. None, as I know of.
Q. How many lodgers are there?
M.' Culluck. I can't readily tell how many?
Q. Pray how do you live?
M.' Culluck. I received 33 l. 11 s. in Sept last from the Granada Bum.
Q. Have you never seen constables within this three months searching the house?
M.' Culluck. I never saw them take away any goods.
Q. Don't you suspect it to be a very bad house ?
M.' Culluck. I see no badness in it.
Q. Does not this convince you that she is willin to buy stolen goods, by buying that spoon with a name upon it?
M.' Culluck. I know nothing of it.
Q. Have not you seen these boys come in and out there?
M.' Culluck. I have, but never knew them to be thieves.
Q. Did you ever know them to sell the people of the house goods before?
M.' Culluck. No, never.
Q. How old is he?
Lecock. He is fourteen years of age next January (as he says himself) Holding laughed as he came along; he did not own it at first, nor seemed to mind it; when we came to an alehouse in Old-street we gave them some beer! then they all three owned it, and said that they got the money and basket of eggs.
Q. Did you find any thing upon them?
Lecock. No, my Lord.
Q. Did any of them say, where the spoon was sold?
Lecock. No, they did not.
The three prisoners in their defenc, said they know nothing of the affair.
Christopher Vaget had known him ten years; John Davis , five years; Simon Yudd , sixteen years; Thomas Cook , near seven years ; William Trinder , from a child; and Mr. Cleaver, the same; and all gave him a good character.
All three Guilty of Felony only .
There were no evidence could prove the identity of his person, he was Acquitted .
(See No. 25 and 344 in Calvert's Mayoralty.)
273. (M.) Henry Closterman , was indicted, for that he on the 7th of March , between the hours of nine and ten in the night, the dwelling-house of Conrade Esterman did break and enter, one pair of leather breeches, one linnen shirt, the goods of the said Conrade, one box, val. 2 s. two silk gowns, the goods of Robert Davis , in the dwelling house of the said Conrade, did steal &c .
Conrade Esterman. I am a sugar-baker , I live at Limehouse ; on the 7th of March about six at night the prisoner came into our yard, and asked for some chips: I let him out at the back gate; he said, you don't go to bed yet; I said no, I should smoak a pipe first; I went out and returned about seven, and went out again, and came home between nine and ten, as soon as I opened the chamber door, where I lie up one pair of stairs, the wind met me in the face; then I perceived the window all broke to pieces, and the casement was open; I had a suspicion of the prisoner directly, from the questions he asked me: I looked about and only missed my breeches, which was taken from off a nail, they were doe-skin : I went to bed and in the morning I went to put on a clean shirt, and my box, cloaths, and shirt were gone: there were in the box two silk gowns and a silk petticoat, which all belong to me, except the gown, that belongs to Robert Davis .
Q. When did you see these things last?
Easterman. I am sure my breeches were hanging up and the box was in the room when I went out, at seven o'clock, and the window was whole.
Q. Is there any body lies in that room?
Esterman. No body lives in the house but myself. The prisoner before had told me where he lived: I went to his house and asked him how he did, but did not take notice to him I had lost any thing: the next day I went amongst the pawnbrokers, and was told by a woman, that a man dressed like the prisoner, brought a pair of buckskin-breeches to her: she shewed them me: then I got a warrant and took him up the same day, and sent for John Graydon , he said, the prisoner was the man that brought the breeches to him: then the prisoner begg'd for mercy. I found one of the silk gowns at Nathaniel Barnes 's house, and a shirt at John Akenhead 's: and the petticoat and one silk gown, the prisoner's wife brought to the watch-house: he confessed taking these things, but would not say what he had done with the box, nor own he broke the window.
James Lewis , who took in the breeches on the 7th of March of this prisoner, and John Akenhead who had had a shirt pawn'd by the prisoner for 3 s. gave evidence of the same. The prisoner had nothing to say.
Guilty of Felony only .
William Darby , was indicted as an accessary after a felony committed by his brother, Robert Darby , in robbing the western Mail, July 29, and was in due form and manner tried and convicted thereof at Kingston upon Thames, March 31; he, the said William, did, on the 14th of October , unlawfully and knowingly receive, comfort, aid and abet the said Robert Darby , &c .
Francis Price Newham . I have been near two years apprentice to the prisoner: he is a chymist , opposite Southampton-street in Holborn: about the latter end of September, he asked me to go with him, he got me a horse, and boots, we took horse about five in the evening, I can't tell the day, we went over Westminster-Bridge, to Kingston, from thence to Edgham, we staid there at the Red-Lion, about half an hour: then we rode across the heath pretty fast, we got to a hedge, it was pretty dark then, it was moon light, the day was shut in, he said he had rather it was dark than light: he got off his horse and went through the hedge, and staid about half an hour, and bro't a coarse linnen bag, tied up together, I think it would hold near a bushel, it was not very heavy in proportion to the bigness : he desired me to buckle it on my saddle, there were things in it, and cover it with my great coat, I did, and we rode directly to London, quite a different way from that we went, we returned through Hounslow, and got to master's house about ten o'clock that night, he took the bag from me and set it down by the door, and when the man open'd the door and was gone, master carried the bag in privately: master sent me away with the horses: I don't know in what manner he disposed of it: Robert Darby 's wife was in the house at the time of our going out, and I saw her in the house when we return'd. Master desired me never to speak of it.
Mary Darby . I was at the prisoner's house in last September, I can't tell the day particularly; he is brother to my husband, Robert Darby, I was present in Newgate when he gave his directions to go to Core, for the bag that was taken out of the western Mail, which he said was laid in some ditch, and the prisoner said he would go: about five or six weeks after this, he and the apprentice went, I was at his house when they set out, and returned, which was about nine or ten o'clock, I saw nothing that night, the next day there was a particular smell of burnt paper in his own chamber, where I saw the remains of paper that had been burnt ; a few days after that he ordered me to bring a candle and light him in the shop, he took out a coarse sacking bag and brought it into the parlour, I followed him, he sat down by the fire, and took out some papers and letters sealed up, he broke the seals and open'd them, I saw him open to the value of twenty, I believe, they were all very wet, some of them were so wet he could not open them, them he put in the fire without, he might put in the quantity of a peck; in one letter there was two little bits of paper, I asked him what they were? he said they were no bank notes, but notes of hand, them and all the letters he put into the fire: I found some bank notes under Robert Darby 's bed, I concealed them in a necessary-house at Gravesend, I told the prisoner of them, he said he would go and look for them for the safety of his brother; he went, and returned, and said, he could not find them.
I acted a little inadvertently, in order to preserve the reputation of my family, and save my brother's life. I should be glad to know whether or as any one here would not have done the same in such a case.
But detained to be tried upon another indictment.
Jos. Brown. I am constable, and live in Sherburne-lane ; I was at my door, March 5, making water, turning to go in doors, saw a young woman and a porter have hold on the prisoner, knowing I was a constable, they charg'd me with him : I found a tea-kettle in the lining of his coat, and have had it in my custody ever since. ( Produced in court and deposed to by the prosecutor.)
Prisoner. Was I not standing still when you first saw me?
Brown. They were bringing him down the lane, the porter had hold of his collar, and the young woman of his left arm, pulling him.
I was at the gentleman's house that morning; he keeps a publick house: I had overtaken an acquintance of mine in Paul's Church-yard, he had several saucepans and pots on his arm, he told me he was going into Fen-Church street, he gave me a tea-kettle to hold, and said, if I would stay and drink the beer out, he'd come again: I staid about an hour, he did not come; I had another pot of beer, then he not coming, I went to ease myself, and set down my kettle, and by mistake, being in liquor, took up the wrong one, and put it in my coat and went out, I thought I had got my own: I was making water when they took me, almost before the constable's door; I had not seen the man of whom I had the kettle three or four years before, nor have I seen him since.
S. Spencer. He had; he came in about 12, and staid till 5, he did not seem to be in liquor when he went out.
Q. to constable. Was the prisoner sober?
Brown. He seemed to be very sober.
Guilty 10 d .
Jelfe Lamb. On the 29th of March, I had been to a relation's house to supper, when I came home our people were gone to bed, I went to return to where I had been, and had not gone twenty yards from our door, when the prisoner met me, she asked me where I was going? I said, home, she said, go with me; I said, where? she led me through several Alleys, till she came to a house in Stony-lane, near Petticoat-lane , she knock'd at the door: when they opened the door, she asked to light a candle, she went in and struck a light, and desired me to walk in, we had not been in there ten minutes, and I being a little in liquor, before she pick'd my pocket of a watch, she went away, and pretended to come again; another woman came into the room, and wanted me to sit down in a chair, I said where is she gone? she said, she will come again in a minute; then I clapp'd my hand in my pocket, and missed my watch, it was a silver one, I did not see her again till she was taken up.
Barlow Sayer. Mr. Lamb came and told me he had lost his watch, and desired I would go and search for it: we met the prisoner in Leadenhall-street, he said that was the woman, so I secured her : when we were coming along Lombard-street, in order to bring her to the Compter, she told us, if we would desist, she would tell us where the watch was; we got her into the Compter, the next day going before the sitting Alderman, she told me, if I would be favourable, she would send a gentleman to me the next day, and Mr. Lamb should have the watch, (she did not say she had taken it.)
+ Guilty .
Thomas Scarr , jun. The prisoner came last Monday morning about eleven o'clock into the shop of my father, and asked for two pair of stockings; I understood he meant boy's stockings, I fetched and opened two pair, he looked at them, and said, are these for girls; I said no; then he said he wanted girls; I fetched some, he chose out two pair, val. 2 s. 6 d. then he gave me a guinea to change; I went with it to the desk, he came to the side of it and asked me for an 18 s. piece, I told him I had never a one; he then put his hand into the drawer, in the bottom of the desk, where there were nine guineas in gold, two half guineas, and two 36 s. pieces, he took some, if not all of it, up in his hand, and with his finger and thumb shuffled it over, then throwed it down; he then asked me for crown pieces, half crowns, and
John Willis . I had heard that the lad had been robbed, on Wednesday a little before noon; my son, who was in my shop, called to let me know, one of the men that had robbed Tom, Scart, was there then: upon that I called one of my men to follow me; I took a stick and went; my man was at the door ; I spoke to a boy to fetch one Mr. Phillips ; I don't know that the prisoner heard me, but he seemed not to like our standing there; he was looking at some stockings, and without saying any thing to the lad, he was going away; when he came to the door I laid my hand upon him, at that very time Mr. Phillips came; the prisoner made a push to go, but we got him into the shop again; he desired to know what was the matter? we told him he should hear before a magistrate so he was committed.
I came there on Monday about ten or eleven o' clock, I bought two pair of stockings for a little girl; he changed me a guinea, and gave me half a guinea in gold, and the rest in silver; I said if you have not silver enough give me an 18 s. piece; on Tuesday I went again, and a strange man, I do not know him, he wanted some bays, the man bought a pair of stockings of him for a child ; after that he gave him half a guinea to change. We went away on Wednesday, I passing by there, asked the boy if he would take the money for the bays, then I wanted a pair of ribbed stockings, he asked me 3 s. and 6 d. I said, I would give him 2 s. and 9 d. We could not agree; mean while this gentleman came in with two more; I went to go out of the shop, they stopped me, and took me to Guildhall, the boy said he lost half a guinea on the Monday about half an hour after I went away; then the gentlemen said, why did not he stop me on the Tuesday, the man that was with me could not speak English, he speaks Italian.
T. Scarr. The prisoner took the change up for the guinea that stranger gave me.
Guilty 10 s. 6 d .
Paul Marshall . I am a Plumber; I laid some lead on an office at the Foundling-Hospital ; I I was sent for about the latter end of March, I went there and viewed the place, and found the lead was gone out of the middle of the gutter on that office, it appeared to be cut by an instrument; about 2 or 300 lb. wt. of it.
Catherine Davis deposed, that she lodged in the same house as the prisoner, and that he and another man about twelve o'clock at night brought two baskets of lead and put it down the cellar, that she was looking out at window and saw him, but did not know what he did with it after.
Nelsey, a watchman, deposed he was sure he missed it on Wednesday morning.Margaret Leonard 's cellar-window, which is within two doors of his lodgings and throw it down : that he saw him by the light of the lamp, and wished him a good night as he passed by him: and the next morning went into the house and saw the prisoner rolling it in the parlour, and that he asked him where he got it, and that he told him from the Foundling-Hospital, and that he could easily get it because he worked there every day; and likewise said, if he would go with him, he could get more.
Thomas Stanley deposed, that he knew the prisoner, and got a warrant against him on the 25th of Feb. upon the information of Pendergraft on suspicion of stealing some lead from the Foundling-Hospital ; that when he took him he seemed to be a little frustrated after he told him that Pendergraft had informed him that he took the lead; he seemed to be consenting to be admitted an evidence, but that as he had been before the court so often he thought it would not do: but could not positively say he owned the taking the lead.
This Pendergraft is one of the companions of Garret Lawler , Bowen, and others, that rescued the man out of the Gatehouse, Westminster, that I was evidence against; this is done out of spight. (See No. 230, 231, 232. &c. in Pennant's Mayoralty.) This is the third time they have got people to sware against me; Holland, that is now hanged, they got for one; and now they have got this false thing against me. I worked last year at Woobourne Abbey ; I sent my master word, whom I work under, he would have been here to have given me a character, but he was obliged to be down there.
Mr. Bishop, of St. Bennet's Parish, Paul's Wharf, deposed that the prisoner worked with him about two years and a half ago, and behaved like an honest man, and that he never heard any harm of him.
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death, 7.
Transported for 14 Years, 1.
Transported for 7 Years, 30.
John Hartley , Sarah Savage , Ann Cunninghan , Ann Caiter , Edward Child , Ann Carrol, Jana Houghton , Hannah Bannel , otherwise Bland, Jew Haley, otherwise Poor, Thomas Prosser, Matthew Doharty , John Brian, Walter Compton , George Nichols , John Smith, Thomas Fahee , Barnard Bary , Martha Marshal , Judith Gibson , John Jenning, Nathaniel Pearson , Abraham Benjamin, Mary Delany , Lewis Jones , Stephen Baget , Elizabeth Perrot, Marmaduke Watkins, Simon Chitley , Jim Holding , and Charles Legoe .
Thomas Ashley , to stand once in the pillory at the gate of the Sessions House for the space of one hour, between the hours of twelve and one, and imprison'd during twelve months, after which to be transported for seven years.
TRIALS at Law taken in Short-hand by Thomas Gurney , Clock and Watchmaker, near Christ-Church, Surry, Writer of these Proceedings; who also took the Trial in Short-hand (by the Permission of the Judges of the Assize at Oxford) now published under their Lordship's Inspection: And likewise Author of BRACHYGRAPHY, or Short-Hand made easy, &c.
Sold by the Booksellers of London and Westminster.
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