NUMBER V. PART II.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Thomas Harding . I keep a goldsmith's shop in the Minories . On Friday the 17th of April, about two o'clock, I was standing at my shop door, I observed a great hole broke in my glass case, and instead of a pair of silver buckle, I found this marble (holding one in his hand) and the buckles gone.
Q. When had you seen the buckles there before ?
Harding. That very morning a goldsmith from Maidstone had cheapened them.
Q. Was the glass whole before?
Harding. There was only a little crack; I sent my servant for the glazier a while he was mending it came a chimney-sweeper boy, and asked me if I had lost any silver buckles; I said I had lost one pair; he said he had seen two boys in Beggars-Alley, Heydon-Square, and one of them was putting a great pair of silver buckles in his shoes ; I did not give any regard to it. About half an hour after a woman, whose name was Jane Hughes , from Rosemary-Lane, came and asked a neighbour of mine, of the same business as I am, if he had lost any buckles; he said my neighbour has; then he said to me, Harding, I believe I have found your buckles; then she asked me what marks them I had lost had. I said T. H. and produced the stamp that made them; then she gave the buckles to me, and said they were my property. (He produced them sealed up with Justice Rickard's seal, having had them in his custody ever since ; he opens them and deposes them to be-his property.) I went to Rosemary-Lane as she directed me, and saw the prisoner in custody, and gave the constable charge of him, and took him before Justice Rickard's ; there is one Jacob Ashley now in custody, who desired to be admitted evidence against the prisoner ;
Jane Hughes . I keep an old cloaths shop in Johnson's Change, Rosemary-Lane. On the 17th of April, about two o'clock, the prisoner and a girl came to my house, and she asked me if I would buy a pair of silver buckles; they both looked very suspicious of not coming honestly by them; the boy delivered the buckles; she asked sixteen shillings for them; the boy said they were his own, and if I would buy them, he'd buy a frock of me, which was hanging up; I said I must go and weigh them: I went out and brought in a neighbour : he took the prisoner, and the girl got off: then I took the buckles, and went about to enquire of the silversmiths who had lost such, and the third shop I called at was the prosecutor's ; I asked him if he had lost any buckles ; he said he had; I asked what marks were on them; he said T. H. then I said, here they are, and delivered them to him. (She is shewed the buckles, but can't say they are the same, but that they were like them, and had the same mark.)
James Goddard . I am sixteen years of age the 5th of this month. I was coming along Goodman's-fields, on Friday the 17th of April, about twelve or one in the afternoon, there was a little boy dropped a marble, I took it up, he wanted it, I would not let him have it; then he called to the prisoner, who was before, and he came back to lick me: as we were going to fight, I saw a pair of silver buckles in his shoes, and as I was going by the prosecutor's door, I asked him if he had lost a pair of silver buckles: he said yes : then I told him I had seen a boy with a pair in Haydon-yard.
A girl was going along with another boy, he called me by my name, and said, Bob, I want to speak with you: I said, for what: he said, will you do a thing for me : what is that, said I? said he, I have got a pair of buckles, if you'll sell them for me, I'll give you something: I said I did not know where to sell them: he said he'd send the girl with me : I was unwilling, but at last I went with her, and asked sixteen shillings for them; the woman went out the while. she said she staid a long while, I have a good mind to go away: said I, did you steal them any where? no, she said; then the woman and a man came in, they took hold on me, and the mean while the girl ran away.
282. (M.) Alethea Hollis , spinster , was indicted for stealing one cloth cloak, two linnen shifts, two ells of linnen cloth, one quilted petticoat, one cotton gown, three cheque aprons , the goods of Richard Hand , April 16 . +
Martha Hand . My husband's name is Richard: I was a washing over the way from where I live; I had been at home about a quarter of an hour before I missed the things, they were in the room then: after which a woman came and told me she saw the prisoner go over the pales with a bundle: I pursued her and found her in a pawnbroker's shop, with my shift, bed-gown, and cheque apron on, and the other things on the counter to pawn: I lost all the goods mentioned in the indictment.
Margaret Adams . On the 16th of April, the prisoner brought a scarlet cloak to my sister's house to pawn ; she asked me to let her have two shillings for it: Mrs. Hand came in and owned the cloak and a bundle the prisoner had with her, and a shift, petticoat, bed-gown, and apron she had on; I saw the prisoner pull them off ; I saw Mrs. Hand look over the bundle, and heard her say they were her things: I did not see the prisoner lay that bundle on the counter. ( The goods produced in court and deposed to.)
Prisoner. She was not in the shop when I pulled off the things.
James White . I am the constable; Mrs. Hand came to me on the 16th of April, and told me she was at the pawnbroker's house: I went there, but she was gone to her own father's ; I went there, and the goods were fetch'd from the pawnbroker's, and taken with her to the Justice: Mrs. Hand owned the things. I have had these goods in my custody ever since.
The prisoner had nothing to say for herself.
Thomas Smith . I am employed to watch the goods upon the Keys and on board vessels. Mr. Peter Thearon had some tobacco getting out of the warehouse for exportation; on the 20th of April, between nine and ten o'clock, they were coming out at the gateway with a hogshead of tobacco that was loose; about twelve yards
A porter that was rowling the hogshead asked me if I would smoak a pipe and gave it me.
Mary White . I keep a pork-shop in Honey-lane Market. On the 28th of April, between nine and ten o'clock in the evening, having shut up my shop, and going for a pint of beer, I saw the prisoner standing near the prosecutor's shop; presently I saw him take a ham from off a bulk at his shop, he ran up Honey-lane Market, and I after him calling out stop thief! the other two witnesses, George Monday and Thomas Hudson , stopped him, and can give a farther account.
George Monday . I had shut up my master's shop that night betwixt nine and ten o'clock, and standing at the door, Mary White called out, stop thief! I saw the prisoner coming along with a ham in his hand; I pursued him, and saw him sling it under a butcher's stall: I took him directly, and another man took up the ham: I know this is the same by the mark made in it, &c.
Thomas Hudson . I saw the prisoner fling down the ham, and the last witness take hold on him: I went and took the ham, and delivered it to the prosecutor's servant : I think this is the same ham, but don't swear to it.
Edward Eveleigh . I am constable. On the 28th of April, between nine and ten o'clock, I was sent for to take charge of the prisoner: at that time the ham was put into my custody, and have had it ever since: I made a cross upon it, which is now to be seen.
I had not the ham, I was coming home orderly as another poor man might.
Elizabeth Harper . I keep a chandler's shop , on the 2d of May the prisoner came to my shop, and asked me to change a shilling, which I did; I pulled out my till, in which were some half-pence, he seeing them said, why did you deny me, seeing you have so many, and desired me to change another: I said, if I had a six-pence in my pocket, I would, but said I had half a guinea there, and I would not give him that, so I took it out, and laid it down on the counter, and changed the other shilling; he went away directly, and instantly I missed the half guinea, and before the door could shut after him, I bid Henry Stephens go after him, and told him what he had got; he followed him instantly out, I never got it again.
Henry Stevens . I was in Mrs. Harper's shop at the time the prisoner desired change for a shilling, she said she could not, saying, she had been cheated by people in so doing; he said he came from Mrs. Crawley, who was paying her men, then she changed it, and he seeing some half-pence, desired change for another, saying, how could you scruple it when you have got so many; she said I have never a six-pence in the till, but if I have one in my pocket I'll change it, but said she had a half guinea in her pocket, and she would not give him that, so she laid it down on the counter; then he took up the change and went away; then she said to me, run, run after him, he has got the half guinea; I went after him and found him at an ale-house, the Black Dog in Tyburn-Lane, with four farriers; he was not at Mrs. Crawley's; I ran there first; the prosecutrix came there; we sent for a constable, and took him before the justice.
I am as innocent of it as a child, if I had the half guinea, it must be among the change; I delivered it, one with one hand, the other with the other, to the persons that sent me.
To his character.
Thomas Gwilliam was indicted for ripping and stealing 100 lb. wt. of lead being part of a gutter fixed to the dwelling-house of Squire Pew , April 25 . +
Elizabeth Pew . My husband's name is Squire Pew, we live in the parish of St. Clements-Danes : in the morning about three o'clock on the 25th of April I heard a noise like the falling of pantiles; I thought it was cats upon the place ; when we got up between seven and eight o'clock we found part of the house was stripped and some of the lead gutter taken away.
Abraham Griffinhoofe . I live with Mr. Pew: about three in the morning the 25th of April, I heard something ratiling ; I thought it was cats upon the house; we went upon the house between seven and eight and found some of the tyles were taken away belonging to a gutter, I went to the Carpenter that has the care of the houses, to come and get it repaired: he came and the bricklayer with him; we went up about three or four in the afternoon and measured it, as well as we could by the eye, it rained hard, that we was not very exact ; there appeared to be missing about six feet, and there were upwards of six feet left ; they concluded there could not be any thing done to it that day; we went up again about an hour afterwards and found the remainder of it was gone also; the prisoner lodged at the Fountain, which is the next house to it; I was told he was seen to go in at a window. We went to the house and met him at his room door with his key in his hand, all over mortar on his back ; we desired to go into his room, he would not deliver his key to us for some time, at last he did to Mr. Legier, he was then in the street ; I held him whilst Mr. Legier went up into his room and found the lead in a sack; then I went up, and we found the other piece under his bed, we put them together, it made four foot in length, and three in breadth, when together.
Q. from the Prisoner They searched me and my room, did they find any instrument with which I cut it?
Griffinhoofe. We found no knife or any thing to cut; the man of the house said, he had lost a hatchet or cleaver with which it might have been done, but we did not find it.
Henry Legier . I am a Carpenter. The last evidence came to me in the morning, April the 25th, I did not go with him then; he came again in the afternoon, I then went and took the Bricklayer with me: we went upon the place and missed about six feet of lead, part of a putter ; as it rained hard we concluded to let it alone till the Monday, so they set some pans to catch the water; about an hour after he came and told me the rest was gone; there was about twelve foot of it in all; after this they set a person on the top of the house to see if he could see any body; he called out to us, and said, he saw a man go in at a window. We went to the house and the landlord went up with us and opened the garret door on the right-hand-side; then the prisoner was coming out of his own room on the left-hand-side, he was locking the door, we brought him down stairs into the street; there was a little boy, who said, he had seen him on the top of the house, the prisoner's cloaths seemed as if he had had some lead on his back, part of them were all mortar ; we asked him for the key of his room, he would not deliver it at first, at last he did; then we went up and found part of the lead in a sack behind his door; then we locked the door and came down and took him before the justice; after which we came to his room again, and found the other piece under his bed, we laid them together and they matched; one end of the lead was about 3 feet wide, the other about 2 feet 10, each between 5 and 6 feet in length, it tallied with the place on the house where taken from: we searched his room but found no instrument with which it was cut.
Thomas Williams . I am a Bricklayer. I was at the Trumpet in Shear-lane drinking, the landlord came down and said it rained in; (Mr. Pew lives the next door to it) I went up into the gutter and missed the lead, the gutter is betwixt that and Mr. Pew's house, I traced the foot-steps by broken tyles into the garret window, I afterwards went into that room, it belongs to the prisoner, that and the next to it in which the lead was found: they measured the place and the lead and they agreed, but I do not know how much the measure was.
I have lodged in that house a twelvemonth; I have another person lodges with me, he and I got up that morning and went down together and left the key in the door; I had been doing a little job for a master Bricklayer which I work for: I went up for a brush to brush my hat, and
For the Prisoner.
Q. Was you at home when the men came to search the house?
Keen. I was, and went up stairs with them, and opened another garret door opposite to his apartment, he came out and locked his door, they laid hold on him; the other door was not locked that is next to it which goes out upon the leads on Mr. Pew's house.
Q. How long has he lodged there?
Keen. I believe on and off about twelve months; for the time he has been there I never knew him to be guilty of any thing of this sort.
Q. What is his business?
Keen. He has been a gentleman's servant, since that he has been a Bricklayer's labourer: when they took hold on him, I said, he is my lodger, I don't think he is such a person, but if you take proper means you shall see every thing, then I went to the prisoner and desired him to deliver the key.
Thomas Freeman . I lay at the last witness's house from the Thursday to the Monday se'nnight after; I lay there on this Saturday with the prisoner, we went to bed much about nine, and arose about five, I can't say I awak'd all night, I never missed the prisoner in the night.
Q. to Keen. Was there any white on the prisoner's back?
Keen. There was, according to what I saw, it might be mortar.
To his Character.
John Starr . I have known the prisoner about five years, he served the late Colonel Warder, I never heard any thing against him, after he left him he went and lived with a Lady in Dover-street, the Colonel gave him a good character to her.
287. (M.) Catherine Wickham , Widow , was indicted for stealing two shifts, val. 5 l. one cloth cloak, val. 12 d. one pair of leather pumps, two linnen handkerchiefs, one linnen apron, and one petticoat , the goods of Mary Anderson , spinster , April 20 *
Mary Anderson. The prosecutrix, my daughter, is ill and cannot attend ; I live with her at the bottom of Mount Pleasant , the goods mentioned in the indictment were in our room; on the 20th of April my daughter was gone out with milk: I gave the prisoner lodging and got her work, she was in the room by herself, when I came home about six o'clock she and the things were missing. I met her last Monday coming out of her uncle's shop in Fleet street, with the petticoat on, and took her up, she owned she pawned the shift in Aldersgate street for 3 s. 6 d. and another not made up for 2 s 6 d. she has owned every thing: she has got the petticoat on now.
She lent me the petticoat, I am of no business, my uncle allows me 3 s. 6 d. per week.
Q. Does he know you are in prison and are to take your trial here?
Prisoner. He does, but is not here, nor I don't expect him.
Guilty 10 d.
288. (M.) William Turner , was indicted for stealing one yard of muslin, value 12 d, one yard of lawn, value 12 d. five yards of cotton cloth called nankeen, value 12 d. the goods of Edward Eyres , April 14 .*
John Pennel . I live in Wych-street, and am a brush-maker ; one Mrs. Worster, that lodges at my house, was at an Alehouse over the way, the prisoner came and asked for her, I sent him to her: she came over in about half an hour, with a piece of lawn in her hand, and desired my mother would lend her four shillings, to pay the prisoner for it: my mother said she had not so much, but in about half an hour she should have it: we suspected it was not honestly come by. In the mean time I went to Mr. Eyres in York-street, Covent-garden, to know if they missed such things.
Q. How came you to go there?
Pennel. Mrs. Worster had before this acquainted me, that the prisoner was servant to Mr. Eyres.
Q. Did you take the lawn with you?
Pennel. No, my Lord, she carried it with
Mr. Willeton produc'd about a yard of lawn.
Q. to Pennel. Is this the lawn you speak of?
Pennel. It is; here is a mark upon it, that I made, to know it by again.
Q. to Willeton. Is this Mr. Eyres's property?
Willeton. We have so many pieces, that I can't swear it is his property. About the 14th of April, this Evidence Pennel, came to Mr. Eyres's, and asked master if he allowed his servant Turner to carry out goods, as mentioned before, telling him the case? Mr. Eyres sent me and another fellow-servant to his house with him: after having staid about half an hour, we were taken up stairs to Turner; he had agreed to sell the lawn for 4 s. 6 d. I asked him how he came by it? he made me no direct answer, and seemed a good deal in liquor. I desired him to go back, and give Mr. Eyres an account, he did, and told Mr. Eyres, he had the lawn out of the shop. His pockets appearing pretty bulky, he was ask'd what he had there? we search'd them, and there found a piece of nankeen, and a remnant of muslin, (Produced in court) he was asked, where he had them? he said, from out of Mr. Eyres's Shop.
Q. What was he at Mr. Eyres's?
Willeton. He was employed as a porter 6 or 7 years. The day after his confinement he endeavoured to cut his throat, and has done it in such a manner, that he speaks with much difficulty to be understood.
Q. to the prisoner. Do you hear and understand what is deposed against you?
Prisoner. I do.
Q. to Willeton. Had you any suspicion of the prisoner before this affair ?
Willeton. No, my Lord, till this affair we never suspected him.
Henry Bostone . I am servant to Mr. Eyres. On Tuesday, the 14th of April, I took this piece of nankeen, and remnant of muslin, out of the prisoner's pocket, and also heard him confess, either to the lawn, or the whole, I can't justly say ; also, that it or they were Mr. Eyres's property, and that he took them out of his shop
The Prisoner in his defence said, he had nothing to say, but referr'd himself to the two last witnesses for a character; who both said, they could not charge him with any thing of this nature, before this fact.
Agnes Crick . I never saw the prisoner before I took the pots from her; I was at Peter Wales 's, and heard the pots rattle, as she took them from off a stone in the yard: I followed her, and took her about twenty yards from the house.
I found these pots on a bulk in Shoe-lane.
290. (M.) Joseph Sisterron was indicted, for that he, with a certain musket did make an assault upon William Pratt , putting him in corporal fear and danger of his life, with an intent the money of the said William to steal, &c. December 18 . ||
William Pratt . On the 18th of December, as I was going over Marybon-fields , between 7 and 8 at night, the prisoner clapp'd his piece to my breast, and demanded my money; I told him, I had only a few half-pence, and he was welcome to them, he swore if I offerr'd to stir, he'd blow my brains out; he stopt me about 6 or 7 minutes, and asked me, which way I had been, and who I was? when I went to go away,
Q. Had he been from you between the time he stopp'd you, and the time of your being in that alehouse?
Pratt. From that time, to the time of being in the alehouse, he was never from me, except the time I beckon'd the woman into the kitchen to ask her for somebody to send for an officer.
Q. How long was you with him in the alehouse?
Pratt. I staid there, I believe, about half an hour at least, the woman begg'd of me to let him go, for he had got his piece, and was going to blow the ceiling down.
Q. Did he say in answer to your question, that he would blow your brains out if you offerred to resist, in the hearing of any body else?
Pratt. He did before the woman and the two boys.
Q. How came you to ask him to drink with you?
Pratt. I thought to take him into the house, in order to get some-body to take him.
Q. Did you take him to be foolish.
Pratt. No, my Lord.
Q. How did he present his piece?
Pratt. He put it to his shoulder, and presented it to my breast.
Q. What is the woman's name that keeps the house?
Pratt. Her name is Pitt.
Q. Is she here ?
Pratt. No, she is not. I went and acquainted the prisoner's officer with the affair, and the prisoner absconded for about two months, to that I could not see him in that time.
Q. Where was his quarters?
Pratt. His quarters were at the Green Man, in Marybon Parish.
Q. When did you go to his quarters?
Pratt. The very next day, in the morning, and saw him.
Q. Why did not you take him up then?
Pratt. I had not a warrant against him then, I could not. I went for a warrant, and when I returned, he was gone.
I was coming from guard that day, with all my arms and accoutrements upon me, and my grenadier cap on: going to my quarters at the Green-Man, I had happen'd to stay along with two or three of my comrades. I was singing as I went along: I met the prosecutor, I said, who is there? said he, a friend: then said I, let's see who the friend is, he came up within about 20 yards of me; said I, have you got any thing to do me damage? said he, I have nothing but a stick, and then said, what is the reason you ask me? I said, because about three months ago I was almost murder'd in those fields, and was obliged to be carried to the Hospital, and lay there near a month. Said he, what do you want further ? I said, nothing; then he said I'll throw my stick away; said I, have you any half-pence about you, if you have, we will go and have a pint of beer together, he asked me where I was going, I said, to my quarters, he asked where, I said at the Green-Man, he said, he had just been drinking there, and said, he did not care to go back; then I said, I would go along with him, which I did, and we staid in that house almost an hour ; there were several people there all the time, he there abused me and called me all the names he could think of.
Q. Was you there when they came in?
Richards. No, my lord, I was not. They had not call'd for any beer when I came in, there were other people in the room, besides the landlady and two boys.
Q. What time did you go in?
Richards. About seven o'clock.
Q. How do you recollect that?
Richards. Because I was ordered to be there at seven.
Q. How long did you stay there?
Richards. I staid better than a quarter of an hour, the soldier was very much in liquor, and the prosecutor said, he had stopped him in the fields; afterwards the soldier said, I did, but not with an intent to rob you; then the prosecutor said, No, I believe not, indeed.
Q. Did any body else hear this besides you?
Richards. There was another chairman, that brought the lady with me, we went there to have a pot of beer ; the next day after I brought my lady from the play: I and the other chairman went to the Turks-head again: between ten and eleven at night the prosecutor and another soldier and the landlord at the Green-man came with a gun loaded to take the prisoner, said Pratt to them, we will hang the soldier for the reward, I asked them the reason they brought the gun, they said, for their safety, because a man was abused in the fields the night before.
Q. to Pratt. When was you there again?
Pratt. It was the night after.
Q. Was this evidence drinking in the house when you went in?
Pratt. I believe he was.
Q. Did you speak such words as he has declared ?
Pratt. I never did.
Q. Were there any body else in the room at that time ?
Pratt. There was the landlord, landlady, and these chairmen; I don't remember any body else. The landlord at the Green Man was with me, he had a gun.
Patrick Cravie . I am a chairman, and was in the Turk's-head drinking part of a pot of beer along with the other witness, we had carried the Dutchess of Bridgwater's daughter home from the play, when the prosecutor and the landlord at the Green Man came in between 10 and 11 o'clock, I can't tell the day of the month; they had a gun loaded and seemed to be very much fuddled ; they play'd tricks with the gun, and said, We'll do for the soldier, we'll hang him, and have the reward.
Q. Which said so?
Cravie. The prosecutor said so.
Q. Where did he say so?
Cravie. In the open tap-room.
Q. To who?
Cravie. To none in particular: They told how they had taken out a warrant for him.
Q. Did you know the soldier before?
Cravie. I never saw him in my life before to day, as I know of.
John Pitt . I am the landlord at the Turk's-Head; I was not at home when the soldier and prosecutor came in together: the morning after this fray was, the prosecutor came down, he had a pint of beer, and told me he was going home and met a soldier about the middle of the fields going towards the country, that the soldier levelled his piece at him, and asked him, who he was, and what business he had there? that he replied, he was going home; then the soldier said, he should not go any farther without he would let him know who he was; then Pratt asked him, what he desired of him: he said, he had received damage in, or near that place, and may be, he might be one of them that did it; then Pratt answered he had nothing but a stick and he had thrown that down, that when he came near, the soldier asked what money he had in his pocket, he answered, as much as would pay for a pint or two of beer and you are welcome to take part of it, then they came to my house; I went with him to shew him where the soldier lodged, going along, I said, what do you think his intention was to have done you any damage? he said, I don't believe the fellow had any intention to hurt me, but he threaten'd me, that if I stirred he would blow me to pieces; we went up to Mr. Dixon's, there the soldier quartered, he was at home: I had never seen him before ; I asked him the meaning of his last night's proceedings,
Morduck Mackenzey. When we heard there was a warrant out against a soldier to whom I belong, we went to his quarters, there was the prosecutor along with the landlord, he told us much the same story he has now; I asked him if he thought the soldier had any intent to rob him; he said, he did not think he had, and that he took nothing from him.
Q. Where was this?
Mackenzey. This was at the Green-Man in Marybon-fields.
Q. When was it?
Mackenzey. I think it was before Christmas, I do not exactly know the time. I asked him what he thought to do in this affair ? he said, if he was paid for his day's work he had lost, and what expences he had been at in looking after him, he did not know but he might forgive him.
Q. Did the prisoner ever abscond?
Mackenzey. He did his duty every day when it came to his turn, he was called upon the parade as an honest soldier, and never absconded a moment from the company.
John Brooks . Between three weeks and a month ago, in the evening, the prisoner was going to his quarters, he was knocked down and used ill, and was obliged to be sent to the Regimental Hospital; the next evening after he came out he was going over the place again and this affair happened; after this, Mr. Pratt came to my room and made his complaint to me; I asked him, whether he thought the prisoner had really a mind to hurt him? he said, he really believed not: the soldier never missed being under arms twice a week, all the time, till he was taken up.
Edward Troward . I am a Taylor. Mr. Hugh Hopley brought a pair of breeches in a linnen handkerchief, that I had made him a month before, to alter: I left them in a chandler's shop, at one Mr. King's, who gives me liberty to leave any thing there, when I am going farther, &c. it is on this side Holborn-bars . I left them on the 27th of April, betwixt eight and nine o'clock in the evening: I know nothing what became of them, I have not seen them since.
Mary Whittle . I went to Mr. King's shop at 10 o'clock at night, the 27th of April, the prisoner was there, he had a half-penny worth of cheese ; I saw him take a bundle in a bag and white handkerchief, and put it under his left-arm and go out with it across Holborn. I said to the woman, did he leave a bundle her, she said, no; then I said, he has stole a bundle from off the shelf, for I knew he was not so good as he should be.
Q. How long have you known him?
M. Whittle. I have known him a great while
Q. from the prisoner. Were the breeches woollen or leather?
M. Whittle. I don't know that, I saw only a bundle in a handkerchief.
Q. from the Prisoner. How long had the bundle been in the shop?
M. Whittle. I had been there but a quarter of an hour before for a farthings-worth of small-beer, and saw the bundle lie there then.
Rebecca Chamberlain . I serve in Mr. King's shop, the prisoner came in and asked for a halfpennyworth of cheese, I served him, no body was there then but he and I; he gave the halfpenney a shove and it fell behind the counter; I took the candle, but did not look down, then the last evidence came in; he went out, she told me he had took a bundle, and I missed it directly, I did not see him take it, but missed it that instant, for it was lying there just before he came in.
Q. Was it the same bundle Troward left at your shop?
R. Chamberlain. It was.
Q. Was there any other bundle in a handkerchief left there besides that he left ?
R. Chamberlain. No, there was not.
Q. Where abouts in the shop did it lie ?
R. Chamberlain. It lay on a shelf just facing me as I was behind the counter.
Q. to Troward. When was the prisoner taken up ?
Q. Did you search him?
Troward. I did not.
292 (L) Richard Welling , was indicted for stealing one cloth coat, value 15 d. the property of Jos Saunderson , two linnen aprons, one linnen handkerchief, value 3 d. the property of Mary Stains ; four pair of sheets, 2 copper sauce-pans , the goods of , March 30 . +
Jos Saunderson . I live in the Work-house belonging to All-Hallows, London-Wall , the prisoner was sent into the Work-house by the Church-Wardens, he lay in another bed in the same garret I do. I came down stairs on Easter-Monday in the morning, I found the door open, the prisoner and my coat were gone, I saw him about a fortnight after before my Lord-mayor, he then had my coat on his back.
Mary Stains . I left the prisoner in the kitchen, when I went to bed, on Easter-Sunday, at night; when I got up the next morning, he was gone, with the goods mentioned, and his own cloaths was left behind, he had my handkerchief in his bosom when we had him before my Lord-Mayor.
Esther Albaris . I live in that Parish Workhouse: I was in bed on Easter-monday morning, between 2 and three o'clock; I heard a noise; I asked what was the matter? at last they came to the chamber door, and said, that Richard Welling had robb'd the house of every thing that lay in his way, and was gone: I bid them get a candle ; they did; I went down, and there found the door open, the lock was not broke ; I missed 4 pair of sheets that had laid on the dresser in the kitchen, 2 great sauce pans, and Mary Stains 's handkerchief.
Q. from the prisoner. How could I get out, when that witness had the key of the door?
E Albaris. The prisoner had let in the last person, and had left the door in such a manner (as we suppose) so as to let himself out as he thought proper: there was no mark of the lock being broke
Robert Hambleton . The prisoner was advertised, and a guinea reward, and he was taken at Aldgate, about a fortnight or three Weeks ago: I was sent for; when I came there, I knew him, he had Saunderson's coat on his k, he was sent to prison with it on; the next morning he had changed coats with a prisoner, we searched the prison, and found it on another man's back.
The man that I brought the coat of works very hard for his living, and is not here. I wanted to ease myself when I was in prison, and could not find my own coat in the night, so I took another man's coat, and before I pull'd it off they came in and saw me.
Nicholas Cox. I live in Billitar-lane, the prisoner was my servant from the first of June, 'till this affair, which was on the 15th of April; he work'd in my warehouse, where I had Indigo of other persons, for which I was accountable. I was informed, by an evidence that is here, he offered some Indigo to sale: I took him up, after which he owned he took eight pounds out of a cask of Messrs. Isaac and Moses Mendez , (part of the quantity he is here charged with) and that he pick'd the rest up at different times in the warehouse, pretending that as a perquisite, which is never allow'd by any. We have had the weight of that cask from the water-side and weigh'd it, and find a very great deficiency in it.
Q. Upon what condition are these goods put into your warehouse ?
Cox. We either let them as warehouses by the year, or they pay so much by the week for the cask: This was in that light.
Q. Did you know him before ?
Holdroy I never saw him but once before, and that was last October. I asked him how much there was; he said there was about 27 pounds, I weigh'd it, it weigh'd 25. He said he had it to sell for another man. He ask'd 5 s. 8 d. per pound, I agreed to give him 5 s. 2 d. Then I told him I could not pay him then, but should be ready for him in two or three days. The next morning I acquainted my master with it, and thatThomas Davison .
Samuel Petty and Edward Turner deposed, they were with the prisoner in Bridewell, and heard him confess he took eight pounds of the Indigo out of Messrs. Moses and Isaac Mendez 's cask, and that he had pick'd the rest up in the warehouse at different times.
To his Character.
294, 295. (M.) Barnard Seers and George Graham were indicted for stealing one cloth waistcoat, one worsted waistcoat, one cloth coat, one pair of cloath breeches, four linnen shifts, two linnen shirts, twelve linnen aprons, and one guinea , the goods and money of Joseph Sewell , April 11 .*
Joseph Sewell . I live near Golden-square , on the 11th of June I lost the things mentioned in the indictment; they were in a box in my room, up three pair of stairs. I never saw either of the prisoners to my knowledge, 'till the night after; but the night I lost them I met with the two waistcoats pawn'd at the house of George Crew in Hart-street, Covent-garden. We were directed to the House of one Nebbs in Langley-street, Long-Acre, by Matthew Chesham, who said, the persons that did the robbery were there: It was he ( Matthew Chesham ) that pawn'd the waistcoats, whom we took into custody When we went to see for the prisoners the woman of the house denied their being there, and our going in; but the constable went in, and we found the prisoners there. Graham was getting out of the window into the yard, and Seers concealed in a closet : We carried them to Covent-garden round-house, and went to Justice Fielding for a search warrant; we went to the house, and there found a bundle tied up in a handkerchief, in which were the four linnen shirts, two shirts, and twelve aprons. The Goods found produced in court, and deposed to.
George Crew . I am a pawn-broker, and live in Hart-street, Covent garden: The two waistcoats were brought to my house by one Chesham, on the 11th of April at 10 o'clock at night; he lives over against me, he said he brought them for an acquaintance. I had not lent the money above three minutes before there was an inquiry after them.
Q. What did you lend upon them?
Crew. I lent ten shillings upon them.
Matthew Chesham . I am a barber, Graham had been servant to me. On the 11th of April, about ten at night, the two prisoners came to me, Seers call'd me down out of my room, and desir'd me to go and pawn the two waistcoats for them, which I thought were their own, and went and pawn'd them. Seers wanted me to have carried them farther.
Q. Who did you deliver the money to?
Q. Where was Graham then?
Chesham. He was up in my room.
Q. Was any body with him?
Bell. I saw no body but himself.
Q. to Sewell. What time did you miss the things?
Sewell. Much about seven o'clock, the door was open, and a piece of the door tore off.
I had been at Paddington that evening, about eight o'clock I saw Mr. Graham in Carnaby market, he ask'd me where I was going, I said,
I was with Seers when he bought them, he talk'd to the old cloaths man, and turned his head about, and gave him the money I suppose. I did not purchase them.
William Nibbs . I live in Langly-street, Long-Acre: There was a search warrant came to my house, Seers lodged at my house, and the other lay with him that night. The constable found a bundle of linnen in Seer's apartment, I don't know how it came there; he had lodged with me about five weeks, I had a character with him as an honest sober man, and he behaved so to me.
Q. What is his employment?
Nibbs. He is a carver, and worked a little at my house.
Q. What is his general character?
Mackrill. I never heard any ill of him in my life.
John Hill. I never knew any thing of him but very honest and very good.
Q. What is his general character?
C. Oates. It is a very good one.
Q. How long is it since he left you?
C. Oates. It is about three years.
Both Guilty .
Mary Moody . I live in New Bond-street with Henrietta Martin , Spinster, who lodges at Mr. Jones's house. Mr. Jason, a pawn-broker, came and informed us he had stopp'd such a person and spoon, I went with him, there was the prisoner and spoon. [The spoon produced in court, and depos'd to as her mistress's property by the crest and mark.] We had not miss'd it 'till the pawnbroker came. The prisoner confessed she took it from off the dresser about three weeks ago when I was gone out.
John Jason . I am a pawn-broker; a woman brought this spoon to me on the 30th of April; I examined her seeing a crest upon it. She said she had it of a woman, and would fetch her; in about a quarter of an hour the same person came and desir'd to have it again, but I would not let her. In a little time after came the prisoner at the bar and another woman (not the woman that came first).
Q. What is her name that came first?
Q. What is the other woman's name that came with the prisoner?
Jason. Her name is Wilson; she begged hard that I would deliver the spoon that Mackaley brought to the prisoner. Then I ask'd the prisoner how she came by it: She said she had it of Mr. Jones's maid in Bond-street, to pawn for money for her to go to the play with, and that her name was Mary Cooper .
Q. Did they see the spoon at that time?
I know nothing of it, they kept me between eight and nine hours, and look'd over the plate, and searched the room, and then discharged me, and bid me go where I had a mind; but yesterday was 7 night Mr Hartly met with me at my landlord's house, and desir'd to have me detain'd till a constable came, saying, I had no business to say any thing about him and Mrs. Moody, in saying I went to buy salmon for them. I said they had no need to send for a constable, I'll go along with you any where; he call'd a coa, and took me to a justice, and I was sent to prison.
Q. to Mrs. Moody. Was she discharged on the 31st of April ?
M. Moody. She was, and we bid her go about her business, after which she went on in a very scandalous manner, and said that I was the person that gave her the spoon to pawn. I should not have taken her up again, if she had not gone on in that manner, she sent people to mob, me, and made scandalous reports of me, which was the reason I took her up again.
297, 298. (M.) William Landwick , otherwise Lowderwick , and John Hannah , were indicted for stealing 22 pounds wt. of leaden pipe, value 2 s . the property of May 13 . ++ It was laid over again to be the property of persons unknown.
Thomas Corner. I am a baker, and live in Long's-Court, near Leicester Fields : I had been informed the leaden pipe had been taken up almost the whole length of the Court. Yesterday morning, about four o'clock, I saw two men at work, I thought at first they were going to repair it: I looked through the door and saw them pulling the stones up. I called Patrick Pilkin my man, we took clubs, and went out a back way upon them, and took them, they were the two prisoners at the bar. We saw the stones were taken up, and the ground open'd; and there was a broom, a basket, a pick-axe, and a piece of the pipe, of an inch and a half bore, lying by, taken up.
Richard Welch . I am secretary to the Y buildings Company, we have a plan or mapped all the works, for every street and place where the pipes lay. By this plan it appears that there is a pipe in that court belonging to the company, it is a dead pipe. (Then he named the proprietors names.)
We were going along, we saw the stores turned up, we took hold on the piece of pipe, and turn'd it out of the ground ; the men came and knock'd us down, and one ran after my fellow servant, and knock'd him down.
Hannah, in his defence, said just the same and Lowderwick.
Both Guilty .
Elizabeth Powell . I am servant to Mr. Golding, who keeps the Baptist-Head at the corner of Alderman-Bury . The prisoner came in at the kitchen door, on the 2d of May, about 4 or 5 o'clock, and asked for one Jack, a porter, and called for a pint of beer; the boy went to fetch it, he was gone before the beer came; Mr. Higgs, who had been drinking out of the tankard, was gone out at the door, to call another man, he came in again, and was in a passion because the beer and tankard was taken away.
Q. How long was it from the time he call'd for the pint of beer, and Mr. Higg's missing the tankard?
E. Powel, At most it was not two minutes, (she produced the tankard) it is my master Richard Golding's property.
William Higgs . I had got some beer in the tankard, between 4 and 5 o'clock, on the 2d of May, at Mr. Golding's, I went out to call another person to drink, when I came in again, the tankard and beer were gone.
Q. Look at that tankard, is that it?
Higgs. I can't be positive as to that, it is like it; I left it on the table in the publick room, and was not gone above a minute or two, at farthest.
Q. Did you see the prisoner?
Higgs. I saw nothing of him.John Booth , set out to go to Greenwich, and we met the prisoner at the corner of the Old Jewry; we took him to Mr. Golding's house, and tax'd him with taking the tankard, he denied it very much at first, but at last owned it, and said, he had pawn'd it for 2 s. in Rosemary-lane.
Q. Did you make use of threats, or promises of favour?
Hudson. No, my Lord, we did neither. We went to the house along with him, he asked the woman for the thing he brought home the last night, she said, I know nothing of it; then he mentioned a tankard, at last I found it under some straw, then the prisoner took it up and delivered it to the constable.
I was very heavy in liquor; I got this tankard and I did not know how; since I have lost my arm, and my scull was wounded, I am, with a little liquor, out of my senses. I was going to the gentleman's house, in order to return it again.
To his Character.
Guilty 39 s.
300, 301. (M.) John Child , and William Hall , were indicted , for that they together with John Low, on the 2 d of March , about the hour of 8 it the night, the dwelling house of Charles Capper did break and enter, 8 handkerchiefs made of and muslin, value 22 s. linnen handkerchiefs, 31 kerchief seven handkerchiefs, the goods of the Charles, in his dwelling house, in the Liberty of Westminster, in the parish of St. Vest, Foster-lane, in St. Martins le Grand , did steal, &c. *
Charles Capper. On the 2d of May, about 8 in the evening, I was sitting in a little room joining to my shop, I heard the window break, I went into the shop, and saw the handkerchiefs move in the window; I unchained the door: there is a turning at the corner of my shop, that is call'd the New Rents; I went up that court after them; when I came almost to the upper end, I saw them push forward; I called out, stop thief; Child turned hastily to me, and said, where is he? where is he? which is he? I took hold on his collar, and said, I think you are one, I'll take you at a Venture.
Q. How many did you see?
Capper. I saw but two ; I took Child into my shop, and sent for a constable, and left him in his care, and went up to the Place where I took him, and there I found these handkerchiefs, and brought them into the shop. (Produced in court and deposed to)
Q. How far from your window did you find the handkerchiefs ?
Capper. About 100 yards off.
Q. Where did these handkerchiefs lie in your shop?
Capper. They had lain all that day in the window close to the glass for show. The prisoner at first, said, he was going home, and went there to ease himself, (it is thorough-fair) but when I found the handkerchiefs and shew'd them to him, he confess's, that he, the other prisoner, and one Low, had been together all day, that they had been to a person that owed Hall some money, and they could not get it, and Hall said, he would have money, or money's worth, before he went home. That he himself was not the man that broke the window, but he stood by and took the handkerchiefs after Hall had taken them out, and ran away with them. We took up Hall about 3 days after, and had him examin'd before the Justice; there I heard him confess, that he was a party concern'd in taking the handkerchiefs, saying he deliver'd them to Child.
John Low , William Hall, and myself, had been together all that day, and was disappointed in taking some money due to Hall, and Hall said, he would have money or money's worth before he went home, that then Low said, I can help you to some handkerchiefs; then they went to Mr. Capper's shop: Hall said, before the justice, they walked three times by the shop before they had an opportunity, which they took as a coach was going by; then Low put on his glove and broke the glass, and Hall took out the handkerchiefs and gave them to Child: Child there said, he did not take them of Hall: Then Justice Fielding said, he would not admit any to be an evidence, for they both confessed the fact.
Charles Maynard . I live over-against the prosecutor; I happened to be looking out at my window above stairs; about eight o'clock that night I saw three men by the prosecutor's window, two of them stood very close together, I heard the glass break, after they had broke the glass one of them put his arm one way and the other to break it on each side: two of them ran up the New-Rents, and the other was pulling at the window for a considerable time, I thought he was pulling at the iron bar that goes cross the window; there were a candle or two in the shop, and a lamp at the next shop, but I cannot take upon me to say, the prisoner's were two of them. I saw Mr. Capper come out of his little room into the shop, then the two were gone; then I went down stairs, and Child was taken by Mr. Capper and brought into his shop. He went on and confirmed the account given by the other two.
Monday is generally a loose day, I went to see a cozen of mine, and coming down St. Martin's-le-grand, I believe it might be about seven or eight o'clock; I went up this turning to ease myself, I saw two men push by me, before I had-buttoned my breeches up, they cried stop achieves, I said? which is he, which is he? the prosecutor said, I'll take care of you; to be sure I was in liquor, but as for owning any thing, I did not.
I know nothing at all of the matter, I own'd nothing; I was not asked three question, and them that I was asked, Capper stood behind my shoulder and answered in my room.
To Hall's Character.
Both Guilty of Felony, Acquitted of the Burglary .
This is the same person who was tried last sessions by the name of William Thompson , see No. 27. b was then tried for returning after the fact mentioned in his trial, No. 25. in the first sessions in Calvert's Mayoralty. The present trial was for returning after transported for the fact for which he was tried the May sessions after. See No. 344. in Calvert's Mayoralty.
Guilty , Death .
303. (M.) Thomas Stratton , was indicted for stealing one tea kettle, one tea chest, two tin cannisters, one silver spoon, two pillows, three window curtains, six china cups, seven china saucers, two stone tea pots, one pier glass, and one bible , the goods of Richard Wright , May 10 . +
Richard Wright . Last Sunday morning I went to my garden; I found the sash was taken out of the door of my summer-house, and the things mentioned taken out and gone; I was informed the goods were at the constable's, I went there and found them all, but the china was broke to pieces. (produced in court and deposed to)
Whits Smith. I was officer of the night, going up Old street last Sunday morning about two o'clock, one of the watchmen said to me, there is a thief just come out of the garden (which is called Rus in Urbe garden) the place where the prosecutor has a garden; he was running along with a tea-kettle in one hand and a tea chest in the other, and all the things mentioned, upon him: I bid the watchman run after him, I having a prisoner there; he flung down the things and ran into Bunhill-Row, through the alleys into White cross-street, there he was taken, he was searched and the cups and saucers taken out of his pocket, he said, he found the things in the road, at last he owned he and two more took them out of one of the summer houses.
Eard Osmond. I am a watchman; I was with the constable ; he proceeded and confirmed his account.
There were two men hired me as a porter, they were to give me 1 s. or 1 s. 6 d. and I was to meet them on Sunday morning between three and four o'clock, when I came there, there they were with the things tied up in the bundle, they bid me stand in the Vinegar field; I did not know but they came honestly by them, they said they were obliged to move them, their father owned a garden there, and they were afraid of having them seized.
304. (L) James Hall was indicted for that he, together with Richard Hutton , not yet taken, on the 21st of April , about the hour of one in the night, the dwelling house of Thomas Bowden did break and enter, 9 yds of camblet, val 6 l 13 s did steal, &c. ||
Thomas Bowden . I live in Tower Royal , I am a Calanderer ; I lost fifteen pieces of camblet, the 20th and 21st of April, out of my house, they were safe about half an hour after four in the evening of the 20th; I missed them the next morning a little after five, and found a window up one pair of stairs open, which was shut when we went to bed, we also saw marks of feet on the out side the boards, which were done by climbing up to get in: six of the pieces were stopped that morning in Wood-street by a watchman who will give an account of it; I had a suspicion of the prisoner, I took him before the Justice, there he confessed he and Dick Hutton took the goods; he also confessed the same in New-Prison, that they took nine pieces first and brought them into the Little-Old-Bailey, and left them in a house that is repairing, then they went and fetched the other six and were pursued and obliged to drop them in Wood-street, and run away.
Q. Did he confess he got into the house?
Bowden. He did not.
Q. When was this confession made?
Bowden. About a fortnight after the robbery, he was taken up over night and confessed next morning.
Q. Was his confession taken in writing?
Bowden. I don't remember it was.
Q. Did he confess how he got at them?
Bowden. No, he did not.
David Ridnall . I am porter to the prosecutor, I carried the goods mentioned into the room at about four in the afternoon, on the 20th of April; and am positive that the window was shut to and buttoned; by ten the next day I went into the room for the goods to go to work upon, and the pieces were gone and the window open: we looked upon the outside and saw the marks of toes of shoes and black dirt left on the boards; there were two panes of glass out of the casement, and the lead between them gone, pretty near the middle of the window.
Q. Were these two panes broke before?
Ridnall. I don't think they were, I will not say whether they were cracked before or not.
Prisoner. When I lived with Mr. Bowden those two panes of glass were out.
Q. Were they in the same condition overnight, as you found them in the morning?
Ridnall. I can't say they were, my lord.
William Ford . I am a watchman in Wood-street; about a quarter after two o'clock on the 21st there came two men loaded with something on their shoulders, three pieces each, they were carelesly wrapp'd up, and seemed not honestly come by. I held up my lanthorn and looked at
Q. Did you know either of them?
Ford. I can't say I should know either; one of the men slang down his pieces and ran away: we carried the pieces to the watch-house; we could not take them.
David Dodd . I am a labouring man, and was going to my work by three o'clock that morning, in order to clean some line, which is troublesome when people are about; going along Aldermanbury a man was running along, the watchman and I attempted to stop him, but he was too strong for us and got away, he dropped his cloth he had, we delivered it to Mr. Jones the constable, the man was a clever lusty young fellow, may be twenty-three years of age.
Q. Is the prisoner the man ?
Dodd. No, he is not.
Thomas Brebrook . Last Saturday morning Mr. Penteloe, Mr. Ind, and I, were going to have the prisoner before Mr. Fielding, the prisoner said there were some goods lodged in Charterhouse-lane, and that he had robbed his master, of them, that the stable place (where the horse goes round in his mill) was not fast, so he got in. Mr. Ind and I went along with the prisoner to that place in Charterhouse-lane, the prisoner said, this is the place where I tread; then we opened a trap door, I took up the pieces, they were under ground, five pieces of camblet and ten yards of long all ; and handed them to Mr. Ind, the prisoner wanted to confess to be admitted an evidence.
The goods produced in court and deposed to by the prosecutor.
Guilty of the Felony, Acquitted of the Burglary .
March 12 . ++
Guilty of stealing, but not in the dwelling house .
305, 306. (L.) Robert Payworth was indicted for stealing one pair of leather shoes, one pair of men's stockings, val. 3 s. 5 linnen handkerchiefs , the goods of William Brasnell ; and Catherine, Wife of William Robinson , for receiving the shoes and stockings and four linnen handkerchiefs, knowing them to have been stolen , April 27 . +
Q. How old is he?
Brasnell. He will be thirteen next July: we missed things at times for about two months, we found a handkerchief upon the lad the April, then he confessed the whole affair.
Q. What degree of understanding has he?
Brasnell. He is a boy of pretty good sense.
Q. Have you seen any other of the goods since ?
Brasnell. I have; some are in the custody of the constable: the woman owned before the Alderman she had disposed of all the rest of the things; she said, she bought every thing that the boy brought, thinking they were honestly come by; she owned she gave six-pence for a pair of stockings that I had wore but once or twice; the shoes and stockings cost me 10 s. which the boy confessed she gave him 1 s. 6 d. for.
Q. What number did he mention of handkerchiefs ?
Price. He did not say any number.
Thomas Ward . I am constable, those things the woman delivered to me, which she said she bought of the boy. (He produces two pair of stockings, the prosecutor looks at them and deposes they are his property.) She owned before the Alderman she bought the pair of shoes which the prosecutor speaks of, and a pair of stockings for 1 s. 6 d. and at the same time she owned she had some of the things at home, which she bought of him, which afterwards she delivered to me; she lives in Pudding-lane, her husband is a cobler.
Q. to Payworth. What do you say for yourself ?
The woman told me to get what things I could and she would buy them of me.
Q. Did you know your getting other people's things was not right?
Payworth. Yes, Sir.
He brought the stockings and some handkerchiefs and said, they were the journeyman's, and desired me to let him have some money upon them, that they were going o ut to make holyday.
Francis Humphreys . I have known the boy from an infant, he is not thirteen years of age, his father and mother are honest people, and they have brought him up in a very pretty way: I don't think the child would have done such a thing had he not been set on by somebody.
Q. Was the boy capable of knowing he was doing a very wicked thing?
Humphreys. To be sure the boy must know the things were not his property.
The Court ordered the lad to be branded with a cold iron. (He is sworn to give evidence against the woman)
Q. to Payworth. Be sure tell the truth, give us an account how you first came acquainted with this woman?
Robert Payworth . My master is a barber and lives on Fish-street hill, her husband is a cobler. First of all, I gave a shoe to mend, then she asked me if I had got any thing to sell; I told her I had an old whitish handkerchief, she gave me 3 d. for it; after that she said, get whatever you can, I'll buy it, for I buy any thing.
Q. How long is this ago?
Payworth. I have been at master's nine months, and it was when I first went there: after she said so, I asked her if she would buy shoes or stockings, she said, she would; I carried her a pair of shoes and stockings together; she asked me what I would have for them; I asked, what she thought they were worth; she said, she would give me 1 s. 6 d. she was going to give me the money, but her husband had a pair of shoes of mine to soale and heel-piece, and said that should pay for them; after that I carried her two pair of stockings.
Q. Where had you them from?
Payworth. Out of my master's drawer in the kitchen.
Q. Whose were they?
Payworth. I believe they were my master's.
Q. What did she give you for them?
Payworth. She gave me six-pence for them, and six-pence for one silk handkerchief, and a groat a piece for the other handkerchiefs.
Q. How many handkerchiefs did you carry to her?
Payworth. Five in all.
Q. Whose handkerchiefs were they?
Payworth. They were my mistress's.
Q. Did you tell her how you came by them?
Payworth. No, nor she did not ask me.
307, 308. (L.) Henry Pestell and Joseph Johnson , was indicted for mixing white arsnic with milk intended for the use of John Davison , knowing it to be deadly poison, by reason whereof he became sick, diseased, and distemper'd, on the 23d of March , and that he languished till the 29th and then died, that they of malice aforethought the said Davison did kill and murder : They stood also charged on the Coroner's Inquisition for the said murder. +
Elizabeth Davison . I am widow to the deceas'd, on the Thursday before Easter he said, he was afraid the two prisoners had played some tricks with his breakfast; he complain'd he was extremely ill, and I desir'd he'd have some wine done with spice and go to bed. He went to bed, but I was inform'd he groan'd so the rest of the prisoners could not sleep. He was in the prison of Ludgate . I sent him some breakfast the next morning by his daughter; she came for me, I went and found him in strong convulsion fits, I ran for the Apothecary, he came and gave him a glister and a julep: After that I went to Dr. Lobb, he ordered him a glister, with a little brandy in it, and the glister made of mutton, and to make him white gruel and a little drop of brandy in it, and also to make him jellies and chicken broth; but he could keep nothing upon his stomack hardly. These things agreed with him best, but he grew weaker and weaker every day; his continual complaint was of pains in his bowels and stomach, pointing to his stomach, and would say, Arsnic, Arsnic. We did all that in us lay, but nothing did. On the Sunday morning he desir'd to be got up, and was no sooner in his chair, but he died in a convulsion sit. Johnson has declared before me, and other witnesses, that it was Jallap and Salt of Wormwood, and sometimes he'd say, it was Jallap and Salt of Tartar. My husband several times said, he laid his death to the prisoners charge, and said he should never be well till he was in his coffin.
E. Davison. I was not there that breakfast time, as was talk'd on.
Q. from Johnson. Was he not once something better, and did not the keeper send for us out of our confinement, and tell us if we would pay the expenes we should be forgiven?
E. Davison. No, there was no such thing mentioned; for he was very bad, and continued bad all along.
Q. Did you once think him better?
E. Davison. We once thought so, but he was not.
Q. Was your husband ill before the eating this breakfast ?
E. Davison. No, he was as well on the Saturday night and Sunday morning, as ever he was in his life, and cat as hearty a dinner on the Sunday.
John Colwin . At the time the deceas'd was a prisoner in Ludgate and died, I was so unfortunate to be a prisoner also. On Friday the 20th of March in the day time, he complain'd to me that he was out of order, and troubled with a slight illness: I asked him what was his complaint; he said, he thought it was with eating a breakfast with a fellow prisoner of milk and twopenny, or some such thing. This complaint seemed to have left him on Saturday in the afternoon; for he was upon the leads walking with the rest of the prisoners, seemingly in good health. On the Saturday night he seemed to be very free from any complaint. On the Sunday, the 22d, I saw him at dinner, and by what I could see, and what I was told by his companions, he eat a pretty hearty dinner; I saw him eat great part of it, he seemed to eat hearrier than I had seen him before, for he us'd to have no great appetite. On Sunday night I left him in the taproom, when I went up to my room to go to bed, he then was in good health as at any time I had known him, during the time of his confinement. On Monday in the afternoon I saw him, he seemed drooping and complain'd he was ill, what his illness was he did not complain to me. On the Tuesday morning I saw him, he then complained of a violent pain in his stomach and bowels, and said he had been vomiting and purging.
Q. Did you see him vomit, &c?
Colwin. I can't say I did: Towards the evening I saw him again, and conversed with him Then he said he had heard the two prisoners had given him something in his milk on the Monday morning in their ward. On the Wednesday morning, before I was out of bed, two or three people came to me, and said he was in convulsions and extremely ill, and that it was well known the two prisoners had given him something in his milk at breakfast. I immediately got up and went into his ward, where I saw him in a chair, his complexion and voice were very much alter'd, and he appeared very much convuls'd, and almost speechless. After this Mr. Thompson, Mr. West, and myself, waited on the Keeper, to inform him about the circumstances of what we had heard. I believe Mrs. Davison was in the room with us.
Q. Who is the Keeper?
Colwin. Mr. Cave is: Upon this he went up and saw Mr. Davison.
Q. What time was this?
Colwin. This was on the Wednesday morning about ten o'clock. The Keeper returned into his own room, and we with him; he sent immediately for Mr. Johnson, who came. The Keeper told him he had seen Mr. Davison, and thought him in a dangerous condition, and said, he had heard he had given him something in his drink. Johnson at first seemed to deny it, but was in a very great astonishment about it. The Keeper used some little threats, and said, if he would not discover the truth he'd send to the Sheriff, and have him committed to Newgate. Then he said, if I must tell the truth, I must, Pestell got the stuff, and we gave it him. After this Mr. Pestell was sent for by the Keeper.
Q. Did he say what stuff?
The Second Part of these Proceedings will be publish'd in a few Days.
NUMBER V. PART II.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Colwin. No, he did not: Then the keeper was in a good deal of warmth, and ask'd Pestell if he was not a very great rogue to go to do things that he did not know the consequence of? Pestell denied it, then Johnson confronted him, and told him he did it, upon which Pestell recollected, and said, I did it when I was in the room; but I did not think there had been any harm in it. About an hour after this I went again, and saw the deceased, he continued in very great agony, was put to bed, and convuls'd very much. In this time Mrs. Davison had fetch'd Mr. Dalmahoy, who lives on Ludgate-hill, and Mr. Meadows, a surgeon, that was likewise a prisoner with us, was there with him. Mr. Meadows had prescribed some physic for Mr. Pestell, and the general report of the prison was, that from thence Mr. Meadows knew what had been given to Mr. Davison. I said to Mr. Meadows, you see what condition he is in, I beg you'll describe the quality of what Pestell had of you: He immediately said, it was Jallap and Salts of Tartar, or Salts of Worm-wood, he could not tell which, that he had prescribed. Mr. Dalmahoy and Mr. Meadows agreed together what should be done to him. The deceased continued very dangerously ill all the Wednesday; sometimes he was capable of speech, and sometimes he was so convuls'd that he could not speak. I saw him two or three times on the Wednesday in the afternoon, he could only make signs over his breast, wherein it seemed his pain lay. On the Thursday morning I saw him, and went again to see him at noon, then he appeared very much convuls'd. I then said to his brother-prisoner in his ward, that his condition was extremely hard, he not having any relief, nor a physician to assist him. Then one of the prisoners told Mrs. Davison, that if she'd go to Dr. Lobb he'd prescribe something for him: She went, and the Dr. wrote for the deceased. Coming from my own room to go to the deceased, I met her going up; she told me she had been to Dr. Lobb, and had got a prescription, which she gave into my hand, I looked at it, and to the best, of my judgment it was much the same as had been administered before by the others. I then desired she'd let me carry the prescription up to Mr. Meadows; she refused it, and put it in her bosom, and went and got the things accordingly. They were administered, and on Thursday evening, about seven, I found him capable of speech, and seemingly in some spirits, insomuch that I assisted, with his daughter, to give him one of his draughts, he was merry and crack'd a joke, and I was in great hopes of his living. Mr. Meadows and I went up about nine o'clock, he was then much alter'd, for in giving him something out of a cup his convulsions then took him, and he fell down speechless again. I
Q. Did you see him after ?
Colwin. I did : I attended at the opening of the body. Mr. Meadows open'd it, in presence of Mr. Ruding. There appeared something of an Inflammation on the bottom of the stomach; it was quite opened, as were all the coats of the intestines. I had a doubt upon me whether from the violent vomiting there had any of the material substance passed into his body, from the time he first took it. Upon which Mr. Meadows opened one or two of the guts, and said there was some sign of an Anuras in them, but that it had made no adhesion.
Q. from Johnson. Did not you say before the Coroner's Jury, God forbid you should think we intended to kill him ?
Colwin. I did, in answer to a question put to me by one of the Jurymen.
Q. from Johnson. Did not the Coroner, upon his coming to take a view of the body, declare he saw no marks upon the body, and that he believed he died a natural death?
Colwin. The Coroner said he did not see any external marks at all. I answer'd, I did not know how external marks should appear in this case.
John Thompson . I lay in the same ward the deceased lay in: He complain'd of violent pains on Monday the 23d of March, and likewise on the Tuesday ; on Tuesday night he went to bed, and said he was very ill; Wednesday morning he was very ill, I could have no sleep, he got up between six and seven, in order to go to the necessary-house, and went down, but came up again, and said he could do nothing; he was so very ill he wanted something warm. I got up and got a fire, and made some warm gruel; he drank, I believe, the quantity of a gallon, and as he took it he threw it up again. When we had got him up, between 9 and 10, he fell into a convulsion sit, his wife and I thought he had been dead; he after some time recovered that, but still complained he was very ill. I ask'd him if he could imagine the meaning of it : He said yes, he believ'd Mr. Johnston and Mr. Pestell had given him something in his milk the Monday morning before. I then went down and acquainted Mr. Cave, the keeper, with what was said; he ordered me to call in Mr. Johnston first, which I did. When he was in, he seem'd very unwilling to say any thing; but Mr. Joseph West , a prisoner in the house, said, Mr. Johnston, don't deny it, you know you told me you had something of a secret you would tell me, if I would not say any thing of it. Then Mr. Cave told him it might become a serious thing, and that if the man died he might be sent to Newgate. Then he said, If I must confess, I and Mr. Pestell did it, or gave him the physic, I don't know which, I then called in Mr. Pestell, who denied it; but at last said, if I must go to Newgate, there are more must go with me. He (the deceased) grew worse and worse, and when I ask'd him any question, he pointed his hand to his throat (I suppose) meaning they might as well have cut his throat, and would say, he was sure he was poisoned by those two men, and when he could not speak he would pull his hand a-cross his throat.
John Luft . On Monday the 23d of April, between nine and ten in the morning, as we were eating our breakfasts at the window, as I was at the upper end of the ward, I turned my head back and saw Mr. Pestell with his back towards me, stooping towards the fire, and Johnson with his face towards me, stirring something in a china cup, what it was I can't tell; at the same time the unhappy deceased had some milk boiling on the fire.
Q. Where was the deceased at that time?
Luft. He was at the lower end of the ward, I know no more.
Q. What purgatives did you give him?
Q. Of what kind?
Meadows. He took gruels and seagoe, and jelleys, I thought he was in a mending way, the next day I really thought him quite out of danger, excepting his being weak and low; I was informed that Mrs. Davison had been to Dr. Lobb; Mr. Colwin shew'd me a prescription that she had brought from him, and in that prescription there were some little matter of brandy to be added to the glister, and likewise she told me, it was to be taken by the mouth, as well as to be made use of by way of glister; I gave her a caution, saying it is very odd, that he should prescribe such medicines as this, and not to give his attendance himself, and I told her, I thought too frequent a use of that might be very pernicious, and that the quantity of one spoon-full of brandy, to a person so low, might be worse to him, than a quantity to a person in full strength, but as the doctor had been concern'd, it was not my business to interfere (only by way of precaution) with any thing he intended to give him. The deceased was sometimes better, sometimes worse, after the taking these medicines; I was apprehensive that the looseness returning again, was a good deal owing to the taking such a quantity of spirits, and I did not attend him so frequently as before. On the Sunday morning Mr. Johnson came to me very early, to look upon the poor man; I got up between four and five, and found by his smell, that he had been drinking something very strong, he smelt as strong of rum, as though he had been suffocated with it; he was very weak and low, and in a declining way from that time to the time he expired, which was about 12 o'clock: I opened him several days afterwards, I believe it was 4 days; I found some little inflammation all over the stomach and bowels, both the large and small guts, and the blood vessels, were distended, and look'd inflam'd.
Q. Who were present?
Meadows. There were Mr. Ruding, and another gentleman, they approved of it to look within-side of his bowels and stomach, we found some little mucus in the inside of the intestines, and some little matter of excrement; it appeared as if there had been a purging something considerable, but no signs of any thing poisonous, that had been the cause of it; there was no mortification, not so much as a gangrene.
Q. Do you look upon it, that where poison has been given, something of a gangrene will appear?
Q. from Johnson. Whither that witness did not tell me he smelt of rum, so that he might be smelt half the length of the Ward?
Meadows. I can't say I have smelt rum in that manner, as I did at that time, when I thought he seemed almost suffocated; that was rum; but I believe he frequently drank too much brandy in what he took.
Q. from Johnson. Had he not complained, that he had been ill before?
Meadows. I think he did complain he had been ill on the Friday before.
Q. Was he a man that took drams commonly?
Meadows. I really don't know that.
Mrs. Davison. What this Witness speaks of, is in regard to the rum on Saturday night, when my husband complaining of his bowels being cold, we rubb'd him with hot stannels and rum, especially in his stomack, but he took none inwardly, only a little brandy in his white gruel.
Q. to Meadows. Could you distinguish whether that strong smell proceeded from his body or his breath?
Meadows. I was very particular, it was his breath which I smelt.
John Ruding . I was not concern'd in attending the deceased before he died, but was present when he was open'd ; I had never seen Mr. Meadows before that time: It appear'd upon opening the body, that there was an inflammation on one part of the stomach and bowels.
Q. Which part of the stomach ?
Q. When any person dies of poison being given them, in what manner do you observe the intestines to be ?
Ruding. There is generally a mortification or gangrene appears.
Q. Did there any gangrene appear here ?
Ruding. No, there did not.
Q. Upon seeing the body, the stomach, and intestines open'd, whether this man died of poison, or not?
Ruding. It is my opinion he did not.
Q. Whether there were any marks as if he had been violently troubled with a purging?
Ruding. Upon opening the intestines, there were some little symptoms as if he had.
Q. If a person is poisoned, how are the intestines ?
Ruding. There are generally a mortification or spots, but here were none at all.
For the Prisoner.
Mary Fordham . On the Friday before the gentleman died, I was with him, I was recommended to nurse him, his spouse was there, she gave me orders what I should give him, which was a little chicken broth, a little seagoe, and a little flower and water, and when I was to give him this, I was to give him a little brandy or rum, or a little wine in it, so I gave him chicken broth one time, and another time I gave him the other, as he called for them; I advised him to have a little bread in his chicken broth, he eat it, and said, he seemed to be a little better, he never complained to me of any pain any where, he seemed much recover'd and pretty hearty, but would often crave spirituous liquors very much; he once wanted a glass of cold wine, and used to be angry with me at times because I would not give him the things he called for; if I gave him any thing that did him good, then he would crave for the other.
Edward Thornton . I was a prisoner in the house at the same time; I was below stairs upwards of two hours on Monday the 16th, when I came up, I saw the man eating milk and bread by the window, just facing the door, as I came in: He was a free good-natur'd man; I said, father, how do you do? he spoke inwardly, something lower than he used to speak, and said, I have not been well, saying, I have had a purging upon me for 4 or 5 days, and I believe the occasion of it is by eating two-penny and milk, I have got nothing in my belly, or bowels, I can't say which ; I saw him eat such on the Friday before with another man.
Q. from Johnson. What character do I bear in the prison ?
Thornton. He bares the character of having been out of his senses for sometime; I was walking upon the leads about a fortnight before, and Mr. Dawson was walking also, he was very hot and sat down with his back towards the wall that looks, to Black Friars, he sat till he got cold, they said, he must walk to get hot again, and I verily behave he got cold and was ill from that time by overheating his blood.
Sarah Dawson . Mr. Pestell gave me a paper and three half-pence to go to Mr. Dalmahoy's I gave it to his man, he gave me something in a paper; I carried it to Mr. Pestell. I went to him on the Tuesday, he said, he was very ill with the physic I brought him off the Sunday. Mr. Dalmahoy's man said, it was Jallap and Salt of Tartar.
Both Acquitted .
309, 310. (M.) Joseph Tiffin and Jane Read were indicted; the first for ripping, stealing, and carrying away 17 lb. wt. of lead, val. 3 s. fixed to a dwelling-house belonging to George Hardbottle , April the 2d . And the other for receiving it knowing it to have been stolen .*
George Hardbottle. My house is in Bell-Lane in the parish of Christ-Church : On the 2d of April I lost a piece of leaden pipe and brass cock out of my back-yard, it belongs to a water-pipe, it was fixed to the wall; there were five foot of it above ground: the prisoner was taken up the 14th of April, and carried before Sir Samuel Gower , he there made his confession, that he stole the piece of pipe and cock and sold them to the other prisoner ; when I took the woman up, she owned she had bought it of him, and that she had sold the lead amongst some other, but she denied having the brass cock.
Q. What is she?
Hardbottle. She is a broker .
Daniel Detoit . I was along with both the prisoners before Sir Samuel Gower : Tiffin owned stealing the pipe and selling it to the woman at the bar, and that there was a cock to it: Sir Samuel granted a Search Warrant; we went and searched the woman's-house, but could find nothing; then we took the woman before Sir Samuel, she owned she bought the lead of Tiffin, but said, there was no brass cock to it.
Detoit. No, I never saw her to my knowledge.
I know nothing of the matter.
Upon my word and honour I bought nothing of the man.
Q. to Detoit. Are you certain the woman own'd she bought the lead?
Detoit. She did own it, my Lord.
Hardbottle being asked again, confirmed the above.
Eliz. Banian. I have known her sixteen years, and have dealt with her or many pounds, I never knew any dishonesty by her.
Tiffin, Guilty .
Read, Acquitted .
Charles Pierce. I am a Taylor , I live in Castle-street , Leicester-fields : On the 17th of April last, I had an order to make a laced suit of cloaths against the next day at two o'clock: the prisoner was my servant , and the lace in his custody, which was forty yards and upwards, as he was obliged to work all night; when he had finished the cloaths he returned me two yards and a half of the lace; I mistrusted he could not have put so much lace into the cloaths, so I took and measured it; I found six yards and upwards wanting: I was g'd to go to Birmingham, so could not take him up till I returned again, which I did last Saturday, after which I went to his lodgings, and there I found about a yard and three quarters of the lace, he then owned that, and said, he had no more of it. We carried him before Justice Lediard, he was committed for further examination; after that he confessed he had intrusted a man, one Langford, to sell the lace ; when we came to take him up, he said he knew nothing of it. We went again, and searched his lodgings, and in all found six yards.
Q. Did you prescribe what quantity of lace should be put into that suit of cloaths?
Peirce. I did not.
Q. How long had the prisoner worked for you?
Peirce. He had worked for me upwards of 12 months.
Q. Was he industrious, or was he a lazy fellow?
Peirce. He was always industrious and very willing to work.
Q. Can't some taylor's finish a suit of cloaths with more, and some with less lace ?
Peirce. No, not in this suit of cloaths they could not.
Q. Why so?
Peirce. Because this was to be put on quite strait.
Q. Had he not the care of business for you, and might have had an opportunity of cheating you in your absence ?
Peirce. No, Sir, he could not, he had plain cloaths to make and it was not in his power to cheat me in them, because I cut them out myself.
Q. Has there not been some quarrels of late amongst the masters and journeymen taylors?
Peirce. What of that ?
Q. Have not you declared, that you and some others met together in order to ruin this man?
Peirce. No, Sir, never in my life.
Q. Have you not been a contributor against this man as a journeyman Taylor.
Peirce. He never was prosecuted before.
Q. Has not the prisoner laced and trimmed many gentlemen's cloaths for you, in the time he has worked for you?
Peirce. That he has, sir.
Q. How came you not to suspect him before?
Peirce. Because there was not so much lace wanting.
Q. How near can you guess to in a suit of cloaths ?
William Cuthburd . I am servant to Mr. Peirce: I delivered into the prisoner's custody 40 yards of silver lace on Friday in the evening, to get the cloaths done against the next day, and upon the measurement of the cloaths there were upwards of six yards missing.
Daniel Carne . I am high constable of Westminster: Mr. Peirce desired me to come and take the prisoner up, he sent for him down stairs and charged me with him; the prisoner then said, he never did defraud his master in his life-time; and said, he had got a quarter of a yard of the lace at home, which he would go and fetch; so I went with him: we took him before Justice Lediard, he denied it still, he was committed for farther examination, after which I went to him, then he said, he had delivered it to Mr. Langford, and as I understood, in order for sale. Mr. Lediard granted a warrant in order to search: Mr. Langford denied knowing any thing of the matter, but upon bringing the prisoner out of the Gatehouse in order to contront him, who told him he had put it into his cupboard (they lodged together) I went and found it as the prisoner had said, it was set upon a silk waistcoat the prisoner was making for himself. Produced in court.
I took the silver lace along with me home, through a mistake, it was among some paper patterns, I put them into my trunk, and we were so much in a hurry every day, I could not spare time to go to look for it; I put it on that crimson waistcoat for myself to see how it would look.
For the prisoner.
John Mangoe . I have known the prisoner several years; he worked with one Mr. Neal five years; I went to him and desired he would appear for his character, he begged to be excused, and said, several of the Master-Taylors had been with him on this affair, and said, the whole trade was determined to hang him, as an example to others.
Q. What are you ?
Mangoe. I am a master Staymaker.
- Bushman. I have known him about three years, he is a very honest, sober, careful man.
- White. I have known him two years, he is a very honest sober man, I have worked for him, he paid me very honestly.
Q. What are you?
White. I am a Peruke-maker.
Guilty 10 d.
Thomas Fisher produced the copy of the record of his conviction at Dorchester assizes, March 12, 1749, for stealing two gold rings and five guineas and a half-in the dwelling-house of Sampson Roper; that he was convicted of stealing, but acquitted of the burglary, and ordered for transportation for seven years.
Daniel Shaw deposed he had known the prisoner from a child, that he saw him tried for the beforementioned fact, that he was cast, and ordered for transportation, that he was the person mentioned in that record, the copy of which had been read in court, and that he had seen him at large since, near Old-Street Church.
Guilty , Death .
See No. 267. in the last sessions paper.
Q. How old is she?
Haxby. She told me she was 17 or 18 years old; she was used to carry out beer and fetch in pots, she absconded about eight in the evening the 13th of March. I had been up in my room for change, to change half a guinea for a gentleman about a quarter before eight: I locked the drawer, also the closet door in which the drawer stood, and the chamber door. I believe the two inward keys
Q. When did you see your money last?
Haxby. I am sure it was there in a linnen bag, when I was there for change.
Q. Had any body else been there after you?
Haxby. I don't know that any body had, except the prisoner.
Q. When did you see the prisoner afterwards?
Haxby. I saw her on the 27th of April, one Elizabeth Waites and my wife brought her home: Then she owned she took the key of the room out of the bar, and opened the doors, and took my money, which she said was seven guineas, and three shillings in silver. I asked her where she went that night, she said to a neighbour's house, and lay there all night, and that the money was taken away out of the sleeve of her gown; and that the woman gave her two shillings, and bid her go to the other end of the town, that she might not be found, so accordingly she went to Shoreditch. She told the same before the justice.
Q. Do you know that woman where she said she lay?
Haxby. I do very well.
Thomas Pullen . Just as the prisoner was brought to the prosecutor's house I went in: I said, are not you a pretty creature for your master to take in out of the streets, and you to serve him as you have done? She said, she went and lay betwixt a man and his wife, and put the money into the sleeve of her gown, and lost it all; that they gave her two shillings, and bid her go to the other end of the town.
Q. What money?
Pullen. She said the seven guineas and three shillings, which she took from out of her master's drawer.
Q. Was you before the justice?
Pullen. I was not.
Elizabeth Waites . I lodge at the prosecutor's house; I met this girl in Long-lane the 27th of April, and taxed her with the robbery; she confess'd that she took seven guineas and three shillings out of the drawers of her master. I asked her why she did so? she said she was persuaded so to do by somebody. This I heard her confess several times, and said she took it out of a bag.
Q. to prosecutor. Did she say what sort of a bag she took it out of?
Prosecutor. No, she did not, only she took it out of the bag.
I have nothing to say.
Guilty of stealing, but not in the dwelling-house .
314. (M.) Nathan Levi was indicted for that he on the 29th of Dec . about the hour of two in the night, the dwelling-house of John Martyfla did break and enter, one wooden drawer, value 2 d. one silver stock-buckle, one pair of silver knee buckles, set with Bristol stones, one china cup, one china saucer, one mahogany tobacco dish, and 30 shillings in money numbered, in the dwelling-house of the said John did steal , &c ++
John Martyfla . I live in Chatherine-wheel-alley , Whitechapel , and keep a publick-house , which was broke open either the first or second Sunday before Christmas: I fastened the doors myself, and went to-bed between twelve and one on the Saturday night; the street-door was fastened with two bolts on the inside, there was a little window in the middle of the door, which was fastened with an oaken pin: The girl got up between six and seven in the morning, and found the street-door open. She came and told me, and I went down and found it so: The wicket was cut so as to get in a knife between that and the door, and the pin cut in two; after that was open it was easy to get in a hand, and unbolt the door. The inside door was fastened on the inside with two bolts; on the inside door there had been a pane of glass in that broke, and I had nail'd a piece of board on it, which board was pulled off, after which they might easily open that door. We found a six-pence in silver in a little room by the bar. We missed 4 s. 6 d. of the girl's box money; in a cupboard in the little room there were about 26 shillings in half-pence, a silver three-pence, and a pair of sleeve buttons, in a till, which was also missing, till and all.
Q. Did you hear any thing of them afterwards;
Martyfla. I did, about a fortnight ago a watchman came and asked me if I had been robb'd: I said I was, and told him of what. I went with him at his desire to the Compter, and from thence to Guild-hall ; there was Philip Abraham , who told me he had broke the doors open; he was committed. We found the till, or drawer, in Marlborough-court,
Q. Have you heard the prisoner say any thing about it ?
Martyfla. No, my Lord, he always denied it.
Philip Abraham I, and the prisoner, and one Jack Robertson , made an agreement to break this house open on Christmas evening; being hindered that night by people walking backwards and forwards, we went the next Saturday from Marlborough-court, where Robertson and I lived, to Levi's house, and told him we were going to the same house we were at on the Christmas evening.
Q. Where did the prisoner live?
Abraham. He liv'd in Gravel-lane. Houndsditch, we went to the prosecutor's house, between two and three on the Sunday morning. Robertson bid Levi stand at the corner of Catherine-wheel Alley, and me go to the corner of the other alley, to watch if any body came, which we did, then Robertson went to the prosecutor's house. We staid so about a quarter of an hour, when Levi saw a watchman coming up the alley, then he cough'd, which was the signal we were to give each other, to take notice somebody was coming. Then Robertson was coming towards me; but turning his head he saw the watchman go down a little alley, and then went back to the door again. In about a quarter of an hour after this Robertson had the doors open, and gave a whistle: Then Levi and I came up to the house, Robertson had the drawer on his head in the street, by the door. He said now we'll go home; Levi said, stay a little longer, I'll go in and see if there is any thing else. He went in and staid about three or four minutes, and came out, and brought a china cup and saucer. Then we all three went home.
Q. How was the wicket when you went up?
Abraham. It was open and the door too.
Q. Was you ever in that house before?
Abraham. No, never except that Saturday night we had a pot of beer there. Robertson and Levi knew the house, for they lived in the same alley. When we got to our house in Marlborough-court, Petticoat-lane, said Levi, what shall we do with the drawer? then he himself said, in answer to his own question, we'll take the money out, and throw it down into the house of office. This we thought proper, because we did not care our wives should know of it. Then we went all three of us to the house of office. Robertson and I took the money out, and put it into Levi's hat. There were twenty-six shillings in halfpence, we found in it a tobacco dish, a stock buckle, and a pair of silver buttons. Then Robertson threw the tobacco dish and drawer down the house of office, then we went into the house, and Levi the money and put it into the closet. We went to bed directly and slept till seven or eight o'clock, and then we shar'd the money 8 s. 8 d. each We sold the stock buckle and buttons to a fellow that travell'd the country, a Jew; we had 10 d. each for them.
Q. What was his name ?
Abraham. I don't know his name.
Q. When was you taken up?
Abraham. It was about six months after, I believe, I went and made myself a voluntary evidence : It was upon a quarrel on a Tuesday night, about three weeks ago. I and Robertson were drinking a pint of beer at the Three Pidgeons, about a month ago, one Dick Hutton came and enquired after me, he call'd me on one side, and said he had got some things to sell; I said I would not do any thing more that way. Robertson ask'd what it was, I told him, He said to Dick, I believe I can sell it. Then he was to come next morning to produce it. I observed they wanted to sting Dick out of his stuff, and I would not let them. This was the quarrel, so Levi and Robertson sent people to take me up on the Thursday night before, and I got away. Then I went and made my information to Henry Brown , a constable.
Henry Brown . I am constable, I was officer of the night the last of April: The prisoner and evidence were brought to me by three watchmen ; the evidence said, they had been concerned in robberies, together with one Robertson, in breaking a house in Catherine-wheel-alley, Whitechapel, and another in Sugar-loaf-court. The prisoner entirely denied being concerned in any such things.
A watchman. On the 30th of April, between eleven and twelve at night, I was in Harrow-alley; The evidence call'd stop thief, he was the first man that came up to me. I saw Levi standing, I asked the evidence if that was he; he said it was. The prisoner came readily along with me, he made no resistance at all, I carried him to the constable.
I am as innocent as the child unborn. This is nothing but out of spight: The evidence was tossing up half-pence, my dog was near him, and he gave the dog a kick, so I took and lick'd him, and upon that he began this.
For the Prisoner.
Joseph Collet . I am a constable: On the 29th of April, about ten or eleven o'clock, there was the evidence and prisoner in Houndsditch: The evidence said the prisoner had been up one pair of stairs in his house, and that he had assaulted him, and had drawn a knife upon him, and threatened to kill him. I had Levi searched and found no knife upon him, Levi was so drunk he could hardly speak or stand. The evidence said, he hop'd I'd send Levi to the Compter. I asked what was the grounds of the quarrel, or if he ever drank with the man: He said, no. I asked, if he knew the man, he said no. After that, he said he knew his name. I told him I could not send him to the Compter for this; but if he'd get a warrant I'd serve it.
Q. Are you a Jew?
S. Ross. No, I am not. The prisoner has been four or five times at our house, within a year or two; he came the first Sunday after Christmas, I think, but cannot be positive as to the day of the month, I and my fellow-servant dined out that day at Mr. King's; he staid all night and breakfasted with his aunt, the cook, next morning.
Rose Joseph. I am aunt to the prisoner at the bar, and live at Mr. Decoster's at Totteridge ; he came to me, and lay all night. I can't tell the day of the month, to the best of my knowledge it was the first Sunday after Christmas. This I know, that very day my fellow-servants dined at Mr. King's.
Q. What time of the day did he come?
R. Joseph. He came about two o'clock.
Q. How do you recollect it ?
King. Because I know the Friday before I dined at my Lord Chief Justice Levi's with his tradesmen, and they having no hog meat at Mr. Decoster's, I thought it might be something of a rarity to the servants to dine with me, and am very positive as to the day.
(L.) He was a second time indicted, for that he on the 31st of March , about the hour of three in the night, the dwelling-house of Thomas Whiteman did break and enter, and stealing out thence one silver pint mug, one silver table spoon, one silver pepper box, one silver strainer, one pair of silver shoe buckles, one pair of silver knee buckles, one tea chest, one man's hat, three yards of holland, eight linnen caps, 7 linnen handkerchiefs, two cloth cloaks, two linnen aprons, the goods of the said Thomas in his dwelling-house .
Thomas Whiteman . I live in Sugar-loaf-court ; on the first of April I came down stairs, between five and six in the morning, I found the sash window shoved up, which was fast over night, and missed the goods mentioned in the indictment. I was sent for to the Compter, and there the evidence, Philip Abraham , own'd that he, the prisoner, and another person, broke the house, and took the things. I had none of the goods again, but a shirt not quite made, which was pawn'd; he said the plate was sold for 4 s. 6 d. per ounce, and gone abroad, and the other things were sold in Rag-fair.
Q. Did the prisoner acknowledge any thing about it?
Whiteman. No, he always denied it.
Philip Abraham . Jack Robertson , the prisoner and I went on Easter Tuesday, about three o'clock in the morning, to the prosecutor's house in Sugar-loaf-court, in Leadenhall street; Levi stood at the corner of Fenchurch-Buildings, and I at the corner of Leadenhall-street, and Robertson went and broke the window-shutter, and went in at the window, and took the things. Here he mentioned them all by name; but his evidence being unconfirmed by any witness of credit, the prisoner was Acquitted .
Q. Have you a brother of that name alive?
Ellis. I have. Warner told me he was the person intended in that note, and that if he did not pay it it would occasion me trouble. I wrote my name upon a bit of paper, to satisfy him it was neither my name nor hand-writing; he was not satisfied with that. I told him if he'd call at three o'clock I'd consult a gentleman; and after that satisfy him in the affair, accordingly he went away, and call'd at three; but I not being in the way, he offer'd the note in my absence. When I return'd he was charg'd with an officer upon suspicion of forging the note.
Q. Where is the note?
Ellis. It is now in the hands of the constable?
Ellis. (Look upon it) this is it.
Q. to Henshaw. How came you by this note?
Henshaw. I was sent for to the Crown and Magpye in Whitechapal, and one Mr. Duncley gave me charge of Warner, and delivered the note into my hands, which I have kept ever since.
John Duncley . I live in Prescott-street, Goodman's-fields. Joseph Ellis is my clerk; he came to me as I was at dinner, and told me there was a note forged upon him in the name of William, and if he did not pay it, the persons insisted upon giving him trouble, and said he never gave such a note. I hearing several persons had been intimidated for small sums that they could get into White-chapel court to make them pay it, I thought proper to charge the two persons that came; so I sent for an officer, that when they came, to take them into custody, which they did on Friday between two and three o'clock. The officer was not at home, and I desired them to stay 'till my clerk came: They were for going, then I asked them if they had any demand upon my clerk? They said yes, and produced this note. Upon seeing it was not his hand writing, I took them into custody, and they were examined before my Lord Mayor, and I gave the note into the constable's hand. They brought the prisoner before my Lord, who examined him about the note; there the prisoner said the note was his note, and Warner said he had it of the prisoner.
Q. What are you?
Warner. I am an officer in White-chapel Court ; the prisoner indors'd the note to me.
Q. What directions did he give you about it?
Warner. He told me where the man liv'd, and gave me an order to arrest Mr. Ellis living it merchant Duncley's, and said there were two brothers of them.
Q. Did he tell you the christian name?
Warner. No, he only bid me to arrest him upon this note, he told me likewise he had 50 l. per year, at Mr. Duncley's, and came to me time after time about it; on the 8th of May, I went to the George, and sent for the prosecutor, and acquainted him with it, he told me he was not the person he was sure, and desired to see the note.
Q. Did you bring an action upon the note?
Warner. No, I did not, I only shew'd it him, he wrote his name, to shew me the mistake, and desired me to come again at three in the afternoon, and he would talk with the merchant about it, and said it was not his hand writing: I went at three o'clock, and a servant shew'd me where the merchant was, at the Crown and Magpye in Whitechapel ; it being a tavern, I said to the young man that was with me, we'll go to the Coach and horses, and get a pint of beer, then Mr. Duncley and the others came and laid hold on us, I had before given the note into Mr. Duncley's hand, then I was carried to the Compter in the Poultry, and the other man to that in Woodstreet: When we came before my Lord-Mayor, on the Saturday, the prisoner owned it to be his, and said, that I had no concern in it, and I was discharged; he said also, he had indors'd it to me.
Q. How came the prisoner there?
Warner. I sent home to Well-close-square to let him know of it.
Q. How came you to go with this note to demand money, without entering an action?
Warner. I thought as he liv'd with a gentleman, and had so much a Year, he would pay it without an action.
Q. When did he indorse this note to you?
Warner. I think it was this day 7 weeks, when he first delivered it to me.
Q. Did you pay him the contents?
Warner. No, I paid him no money for it.
Q. What is he?
Warner. He told me, he belong'd to the Deptford Man of War, and that he thought he must be obliged to go aboard, and desired me to get the money.
Q. How came he to indorse the note to you without receiving the money?
Warner. He indorsed the note to me, in order for me to bring an action in my own name.
Warner. No, my Lord, but he told me he would satisfy me; it is a very common thing to have them indorsed to the officer.
Court. It is a very bad practice.
Q. to Joseph Ellis. Is this note your brother's writing ?
Ellis. I believe it is not; I have seen him write often, it is not like his hand writing.
Q. Do you know the subscribing witness that is upon it?
Ellis. No, I know no such person.
The note is read to this purport:
3 19 0
That paper was put into my hands by William Ellis , witnessed by James Bedward , for money he received of me; I heard he lived at No. 26. in Prescot-street, with a merchant, as a clerk; I went to Warner and gave him this note, to get the money for me, he told me, I must indorse the note over to him, and he would endeavour to get the money for me; I directed him to this No. 26. he came and said, he had been there, and no such person lived there, but he was informed that such a person lived with lady Lethgrove, at Stepney, and he would go and enquire there: after which he sent word, that he had some intelligence of him, and desired I would go with him to see the man. The witness Bedworth is gone to sea.
316. (L.) Mary Carpenter , spinster , was indicted for the murder of William Hill, in mixing vitriol, otherwise white copperas, with water gruel, to be used for the sustenance of the said William , at divers times, as December 1st, February 11th, and March 10th . ++
Q. How old is the prisoner?
E. Woollen. She was 15 years of age the 4th of February last, she has been bound apprentice to my uncle 2 years, this May, to learn the business, and also household work.
Q. When did William Hill die?
E. Woollen. He died the first of this month.
Q. How long had he been ill?
E. Wollen. He had been ill ever since October.
Q. Was he in a good state of health before October.
E. Wollen. He was in good health before, a very healthful man; he said he was taken ill the first of October, with a sad griping in his bowels, and a pinching pain, so that he could hardly stand, he had strong physick that helped him very much; he continued with a sad griping in his bowels, so that he could not lie down in his bed all the winter, and was never well afterwards; he turned yellow, and grew very thin, and fell away from a very lusty man almost to nothing; after he had done with the apothecary, he said he should never overcome it. He had something of the apothecary after he found the poison out.
Q. When did he find that out?
E. Woollen. He found that out in March, he often took water-gruel; he was going to eat his breakfast in a hurry, being to go out with some goods, he eat it very hot, he found something of a knob in it; I heard the prisoner say, she saw her master take it out of the gruel, that she stood close by him, he brought it into the shop to me and the journeyman, he said, he believed he had something in his water-gruel, like Mr. Blandy; he said, he believed it had no business there. I tasted it, and said it was very nasty stuff, the prisoner said she had tasted it, and said the same; my uncle asked how it came there? I said, I feared it was a piece of allum, that might come out of the bread. The prisoner stirred the water-gruel over the fire, and my aunt crumbed the bason: the prisoner said, if any thing was done, more than what ought to be, it must be her mistress that did it. My uncle went to Mr. Allen, the apothecary, with it, and was under his hands sometime: the chymist came and said, he believ'd he could let us into the secret, who fetch'd that stuff; the day after he took her and me to let his son see us, to know which of us had fetched it, my uncle was then at the chymist's, he knew the prisoner, and said, she had had white copperas of him. In the evening of the same day my uncle took her out, and when she came back again, she told me, she had fetch'd it. I asked her if she had done such a wicked thing ? she said, she had done it.
E. Woollen. No, I did not. I asked her why she did it? she said, she could not tell why: she was sent to the compter, I went to her the next day; she was taken before the Alderman, before whom she said, she had fetch'd two or three penny-worth; he ask'd her how many times she had given it to her master? she said, she could not tell, but she believed about eight times. On the Saturday following, I went to her again, then she said, my aunt had given her the money to fetch the first penny-worth; my uncle insisted upon knowing whether she gave her the second penny, she said, no, she did not know of it: she also told me, she could have poisoned her master with something else, besides white copperas, and that green copperas was poison, as well as white: I asked her how she knew the name of it? she said, she had learned the name of it by her father, and had heard him say it would poison any body by degrees.
Q. What was he?
E. Woollen. He was a gardener at Lambeth: my uncle took her out of Lambeth work-house.
James March . On the 11th of March last, I, with others, were at the Lock and Key Club ; Mr. Hill there was relating how he had been serv'd in eating his breakfast that morning, or the morning before; he had found a lump of white vitriol, about as big as a horse-bean, and he had carried it to Mr. Allen, the apothecary, and he told him it was poison, and after he had made an enquiry, and found his apprentice bought it at Mr. Wetherall's, the chymist, we desired he would bring the girl to us, to hear what she had to say for herself: he went and fetch'd her, there were several of us, we asked her how she could be so wicked to do such a thing? she first of all denied she did it; then I said, what signifies your denying it? the young man knows you; Mr. Wetherall was in company; then she said she did fetch it: I asked her who told her it was poison? she said, she did not know it was poison: said I, what did you do it for? she said, she did not know: by asking her several times, she said, she was perswaded to do it by an old woman at Lambeth, but she did not know her, nor where she lived, but had seen her when she was at the work-house.
Q. What did she bid her do with it?
March. She only told her that such a thing was poison.
Q. When did she tell her so?
March. Last Christmas, when she went over there ; she own'd she had given him some in October: we asked her how she came to give him some before Christmas? she said, she could not tell: we asked her, what she had given it him in! she said in water-gruel and broth; we asked her for what intent? the reason she gave, was, that she heard it would kill her master, and that she should be out of her time.
Q. How long have you known the deceased ?
March. I have known him fifteen years, I live opposite against him; he was as clever a portly man as most to be seen, a very healthy man ; I don't remember him to have had a day's illness before this.
Q. How was he at the time you speak of, at the club, as to health?
March. He was wasted, and looked like a shadow : I had said to my family, I can't think what is the matter with Mr. Hill, he looks as if he was going into a consumption: I had observ'd it two months before this I believe, or more; after this she was committed. The deceased had the advice of Dr. Shambrook; the day after this, as soon as he saw the doctor, I remember he said, he should never be able to go through a deal of physick, the doses will be too strong, I am afraid they'll kill me: the morning after he had taken one dose, he said, I have had such a night, I never knew a poor creature have; after that he was seemingly a little better, but said he was never free from pain in his bowels and stomach, and that he had such pinchings, that he could not sit up-right: once he said, the apothecary had left off giving him things, and he hoped he should get over it; I think this was about the 10th or 11th of April, after we had been to the club again.
Q. When did he die?
March. He died of the May day in the morning, after he had lain ill about a week.
Q. Was he a temperate man in his diet?
March. I never saw him disguised in liquor in my life, I don't think he was irregular in eating or drinking, the day before he died, he said to me, he hoped I would do my endeavour to see the girl prosecuted, for he believed she had been the cause of his death.
Marmaduke Wetherall . I live in Smithfield : I am a Chymist. On the 10th of March, Mr. Hill came to my shop, and said, he believed he was poisoned, that he had found something in his gruel; and had carried something to Mr. Allen's, which he said was White
Q. Is vitriol of such a quality that it would occasion the death of a man?
Wetherall I believe if it was given frequently it would, it is not strong poison, it is used by persons that make eye-water, and glove-washers; we never refuse it to any body, if we know them; we judged her master sent her for it, my lad told me he had served her. He confirmed the account of the last evidence of the prisoner's confession at the club, he being there.
W. Wetherall. I am son to the last evidence; when I heard Mr. Hill had taken white copperas, I recollected I had served the prisoner with some : I remember I have two or three times, I think it was before Christmas, at a pennyworth a time.
Q. How much for a penny?
Wetherall. An ounce and a half; I knew she belonged to Mr. Hill.
Edward Allen . I was Apothecary to Mr. Hill; on the 18th of February he came to me and made a great many complaints, (he refreshes his Memory with an extract from his shop-book) he said, he had a prodigious griping in his bowels and stomach, and had been so for some months; I asked him, if he had made use of any medicines, he said, he had some purges from the Chymist, but they did him no great service; I apprehended his complaint, from the yellowness of his complexion, proceeded from a fluxion in the Gall-bladder into his stomach ; I asked him, if he ever belched up any thing that was sour: I told him, I would order him a four ounce mixture, which I hoped would give him relief: on the 19th of February I waited upon him and did not find it had opened him (which I intended) as I expected, upon which I increased it and made it more opening a good deal, and the next morning he told me had received much benefit, he had broke a good deal of wind, and his excrement was more liquid, upon which I did not alter it any more till the 22d, then I found him so well and free from any fourness, that I sent him a purge, which he took on the 23d, he was a good deal better, but still in a lower degree; then till March the 2d I gave him nothing at all.
Q. How was he in that interval?
Allen. I did not see him in the time, he had the same ugly complaints he had before of gripings, &c. then I ordered him a gally-pot of electuary to take, when he found them gripings, he made use of it till the 7th, then he told me, whenever he was pinched with those sort of pains, it gave him ease in an instant; I gave him another pot; and on the 10th he brought to me a piece of Vitriol in a paper, it was very wet and ting'd, as soon as I cut off the tinctured part, I could see it was white copperas, I was thoroughly persuaded of it; he said he took it out of his gruel, he took it away again, on the 12th he went to Dr. Shambrook, by my persuasion, the Dr. advised him to take two draughts and a glister, which were given him every night to the 15th or 16th; he ordered him an evacuating kind of a medicine, these things relieved him a little, he had still gripings and sensations in his bowels and stomach pretty much, with these medicines as with mine; I bid him look into his excrement to see if it was interspersed with blood, he said it was, these he took day by day till the 4th of April, that was the last.
Q. How was he then?
Allen. He left the medicines off for three weeks, but had some little windy complaints, at last they were intirely removed so that he had no complaint at all, and continued so, free from them, till the 25th; then he came to me again and was pretty much the same as before, I told him he must repeat the medicines the Dr. ordered him.
Q. Did you find any fresh complaint?
Allen. I found. none, but much the same; I waited on him that day and found he had a fever, his tongue was very dry with a brown list in the middle of it, and exceeding low and faint; I ordered him to drink largely of barley-water, his pulse was very fast; on the 26th I found him a great deal more dispirited, I ordered him some draughts which he took every six hours, he grew worse and worse every day, and died on the 1st of May.
Q. Was it the same disease, after the 25th of March, as before?
Q. What do you apprehend was the occasion of this fever ?
Allen. He carried a heavy burthen of leather, heated himself, and catched cold, he drank and eat a hearty supper; I impute his having the fever to these causes wholly, for he was well three weeks before, and I don't think it had any connection with it. Mr. Hawkins told me there were no traces or footsteps to be found of poison in his stomach, he was at the opening of him.
Q. Upon the whole, do you think his death was occasioned by this vitriol ?
Allen. Really, I think, that had no regard to it at all, nor the least tendency to procure that fever; I have no reason in the world to believe it was any way productive of it.
Q. Did you see the body after it was dead?
Allen. No, I did not.
Mark Hawkins . I live by Smithfield-bars; I saw the body of the deceased after he was dead, he died in the night, and in the afternoon follow. I was sent for to open it, which I was told was his desire, there were Mr. Allen's servant and several of the neighbours there, I opened the body, and as there had been a report of his taking poison, I was as exact as possible, I did not perceive any thing at all, only his bowels and guts were pretty much distorted with wind; I examined his stomach to see if any thing was excoriated in the inflammation, I found no livid spots, I turn'd his stomach wrong-side out, I opened his bowels in several places; upon the whole there was not any thing that I could imagine occasioned by what he had taken in his stomach, from poison, or any thing of that kind, I examined also his liver and heart.
Q. Do you look upon white vitriol to be of a poisonous quality ?
Hawkins. It is of a harsh rugged nature, it is impossible to confine it in the stomach without throwing it up.
Q. If a person was to take a quantity of it, would it occasion their death?
Hawkins. I don't know but by taking quantities it might have a bad effect; but I never heard of an instance of any body's taking it.
Q. Do you think, the deceased could be ill of a fever, as Mr. Allen has mentioned, by taking of vitriol ?
Hawkins. I think not. I saw him about a fortnight, or three weeks before he died, he then seemed to be much better than he had been.
Q. Upon the whole, what do you think was the occasion of his death?
Hawkins. I think there is no reason to say he died of that poison.
The prisoner being asked, what she had to say for herself? answered, Nothing at all.
She was detained to be tried for an attempt to poison, &c.
John Grahurst On the 11th of April, I was going to take water at the Old Swan, between the hours of twelve and three, as the watermen were round me, the prisoner passed me, I found an uncommon motion, a sort of a jerk at my pocket, I put my hand in and missed my handkerchief immediately.
Q. What handkerchief was it?
Grahurst. It was a silk one, produced in court and deposed to.
Q. When did you see it last before that?
Grahurst. I put it clean in my pocket, I believe not an hour and a half before, from out of my buroe: before the woman was got above four or five steps from me, I said, that woman has picked my pocket, a waterman laid hold on her as she was turning into a little alehouse, he turned her cloak on one side, there I saw my handkerchief, he took it from her and gave it to me; she began crying, I don't recollect any thing she said; the watermen were for ducking her.
I was going by water, I thought I'd have half a pint of beer, as I was going into an alehouse I picked the handkerchief up, I never found any thing before in my life.
Q. to the prosecutor. Did you see her stoop to pick any thing up?
Prosecutor. I did not see her, and I had my eye upon her all the while.
Guilty, 6 d.
William Baythorne was indicted for stealing one horn comb, val. 1 d. seven mother of pearl buttons, val. 6 d. one cloth coat, val. 10 s. one shirt , the goods of William M'Cleere , March 6 . ++
William M'Cleere. I live with one Mr. Gripe in Bishopsgate-street , a Hair Cutter; the prisoner and I were both servants together with Mr. Hyate; we went to bed together on the 3d of March, being the first day he came there, I got up in the morning and asked him if he'd get up to work, he said, he was not acquainted with rising so soon in a morning; in the night he said, the cloaths were too thin and took my coat to lay on the bed, I said, I did not chuse that, so I took it and hung it on a chair, my comb and buttons were in my pocket then. We missed the prisoner about seven o'clock, and my shirt, and coat, and things in the pockets ; I met with the prisoner again accidently in the street on Saturday in the afternoon, I took him into Custody and found the comb and buttons upon him. (produced in court and deposed to) I asked him where my coat was, he said, it was not to be had again, but he would send down to his friends in the country and make me satisfaction ; I took him before the Alderman and he was committed.
I have none of the things.
Christopher Fox . As I was going through Aldgate , May the 3d, near eleven at night, I perceived something to rustle against my side, I thought my pocket was picked, the boy ran across the street two or three times, at last I call'd out stop thief, and the other witness took hold on him; when I called stop thief I missed my handkerchief and gloves.
Q. Are you sure you had them in your pocket before you met with the boy?
Fox. I am sure I had, for I was afraid of such a thing and had my hand in my pocket just before, but can't sware the prisoner is the person that ran away with them, the constable came up and asked me if these gloves and handkerchief were mine, I said they were.
Richard Perrin . I heard the prosecutor call out, stop thief, I ran after the prisoner and caught him, the constable came out, we took him to the watch-house, one of the watchmen picked up the gloves and handkerchief, where the boy ran, a little way on this side Aldgate.
Q. Is that watchman here?
Perrin. No, he is not.
I was coming along, this gentleman struck at me and I went over the way, they came and laid hold on me.
320. (L.) ThoMAS Jones , otherwise James Derrick , was indicted, for that he came to the shop of Charles Laugh and James Pitts , Mercers and Partners , and there took upon himself to be servant to Joseph Eccles , a Taylor, who was then a customer to them, pretending he was sent by him for nine yards and a half of cloth coloured single Allapeen, and six yards of white Allapeen, whereby John Stoneheaver , the servant, delivered to him the aforesaid, val. 29 s. and upwards, the goods and chattels of the said Laugh and Pitts , August 30 . ++
John Stoneheaver . I was servant at the time with Mess. Charles Laugh and James Pitts ; on the 30th of August last, about three, or between three and four, the prisoner at the bar came to the shop, and looked up to the sign, as he came in, he said he believed he was right, he asked, if we did not deal with Mr. Joseph Eccles in Norfolk-street, I answered, we did; he gave to me a pattern of cloth, and said, he wanted a single Allapeen of that colour for lining to match it; I looked over our book and shewed him some, the nearest we had, and said, I did not chuse to cut it, fearing it was not near enough the pattern, he said, Mr. Eccles gave him the pattern and he had tried it at their end of the town and could not match it, so he must take that, he said, we could not expect to match Allapeens so near as we could Shalloons: I asked him after Mr. Eccles's man that had used to come, he said, he had left his service; I asked him his name, he said, it was James Derrick ; I asked, how long he had been with Mr. Eccles, he said, a fortnight, and that his master was a comical temper'd man, he never kept in one mind long; as I was going to put up the Allapeen for him, he said, he must have six yards of White Allapeen, he produced no pattern for that (it is not customary for that colour ) he said, his master talked at first of having a piece, but at last mentioned to him only to bring six yards, he had a wrapper under his arm, I cut off the six yards according to his order; he went away with them, and I entered them in the book immediately. The next morning, the man that he said was gone, came to the shop for goods, I asked him, where he came from? he said, from Mr. Eccles, said I, there was a man here yesterday, that said his name was James Derrick , came for goods for Mr. Eccles, he said, Mr. Eccles had no such servant, then we knew we were defrauded
Q. Was any body in the shop at the time you served him?
Stoneheaver. There was none but the apprentice and myself.
Q. Are you certain, that the prisoner is the man ?
Stoneheaver. I am certain he is, I remember him very well.
Q. Did you know him before?
Stoneheaver. I never saw him before, or since, till I saw him in the Bail-dock.
Daniel Hill. Mr. Eccles is now ill and can't attend, I have been servant to him near fourteen years, I am certain the prisoner never was servant to him within this six years.
Q. Where does he live?
Hill. He lives facing Somerset-house.
Q. Are you sure the prisoner was Mr. Eccles's servant in August last ?
Hill. I am sure he was not, I was Mr. Eccles's foreman then.
Q. Could he not for a day, and you not know of ?
Hill. No. not for a day. I am sure he was not. I came to Mr. Laugh's the next day, and I know there was an Allapeen brought from thence the day before, I must have known of it had there been any brought.
Q. from the prisoner. You know me, what is my character.
Q. How long has it been so ?
Hill. I have heard it about two years.
I never was within side that shop in my life, or saw that man in my life before; the Master Taylor got me into the Kings-Bench, because I was for keeping up the price, and would not work they gave out a report that I was a person of same.
(L) He was a second time indicted by the name of Thomas Jones , for that he came to the shop of Nathaniel Nash , pretending that he came from Robert Merrey , Esq; for three yards of the same superfine cloth as his brother had bought before at the same shop, val 51 s. Sept. 1, 1750 ++
Nathaniel Bateman . I am apprentice to Mr. Nathaniel Nash , a Woollen Draper, in St. Paul's Church-yard; on the 1st of Sept. 1750, in the forenoon, the prisoner came to our house, and said, he wanted three yards of superfine cloth, the same as his brother had a fortnight ago, which was the 14th of August, saying, he came from Mr. Robert Merrey , meaning Mr. Merrey's brother; I asked him if he lived with Mr. Balsover, who is Mrs. Merrey's brother's Taylor? he said, no, he was to make these cloaths himself; I asked, if we should send it home to his house, he said, no; I asked him his name, he said, his name was Price, and lived in Red-lion-square. I delivered the three yards of superfine cloth to him.
Q. Is there such a man as Price near Red-lion-square ?
Bateman There is in Red-lion-street. I went to him after Mr. Merrey had been at Mr. Nash's about two months after, he asked, if there was any thing owing, we told him there were three yards of cloth owing for. he said, he never sent such a person; then Mr. Nash sent me to all the Price's, that were Taylors, that I could find. I described the prisoner to Mr. Price in Red-lion-street.
Q. What is his Christian name?
Bateman. It is Evan.
Q. Did you find any others of the name near Red-lion-square ?
Bateman. No, I did not.
Q. Are you certain, this is the man that had the goods of you?
Bateman. I am very sure this is the same person.
Q. from the prisoner. How came you to suspect me?
Bateman. As I had described the person to Mr. Evan Price , he came to our house afterwards, and told me there was a man in the Gatehouse, who he believed to be the man. I went there and saw the prisoner and knew him again?
Q. from the prisoner. Was there any other person in the shop at that time you say I came ?
Bateman. Yes, there was the journeyman there.
Q. from the prisoner. Is it not necessary he should be here ?
Bateman. He can't sware to the prisoner.
I never saw this evidence before he came to me, when I was in confinement, this is all spight of the master Taylors.
He was a third time indicted by the name of Thomas Jones , for a crime of the same nature committed in the shop of Hannah Forsen and Richard Forsen , partners , pretending to be a servant of George Neal , Nov. 8. 1750 .
No prosecutor appearing he was acquitted .
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death, 2:
Transported for 7 Years, 21.
Matthew Cartwright , Richard Welling, Thomas Biggs, John Scolfield, Edward Burges , Mary Wind , James H all, Amelia Ford, William Haythorne , Catherine Wickham , William Honour , Alethea Hollis , Barnard Seers , George Graham, William Landwick , otherwise Lowderwick, John Hannah , John Child , William Hall, Thomas Stratton , Joseph Tiffin , and Sarah Pierce.
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 of Mary Blandy , spinster, ( 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.
To be had of the Booksellers of London and Westminster.