Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Honourable ROBERT ALSOP, Esq; Lord Mayor of the City of London, the Right Honourable the Lord Chief Baron PARKER *, the Honourable Sir MICHAEL FOSTER , Knt. +, the Honourable Sir THOMAS BIRCH , Knt. || RICHARD ADAMS , Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal Delivery of Newgate, holden for the said City, and County of Middlesex.
N. B. The * + || ++ direct to the Judge before whom the Prisoner was tried. L. M. by which Jury.
Thomas Shirman . I had the key of an empty house of the Earl of Thanet's, which is about the middle of Cow-lane , I was called up by Ralph Boz and John Jenkins about 3 o'clock on Thursday morning last to go there; I went: when I had unlocked the door it was bolted at the bottom within side: then they got a ladder and got in at the one pair of stairs window, and opened the door, there they had got the prisoner. I went down into the cellar, there I saw five parcels of lead rolled up, there was 162 pounds weight of it, we could not find any Tools. On the Tuesday following we went up to the top of the house and took the lead and compared, which fitted and appeared to be fresh cut.
Ralph Box . I am Beadle, Jenkins the watchman came to the watch-house at almost 3 o'clock and told me he had seen a head out at a window at the empty house before mentioned. I went and called up Mr. Shirman, he took the key and went with me to the house. The rest as the former witness.
John Jenkins . I am a watchman in Cow-lane; after I had beat my rounds on Thursday morning. coming up to my stand about a quarter after 2 o' clock, turning to go into St. John's court, there stood a Man about ten yards from a cellar window: he said, come-up, but he pushed off directly. I saw a head out at the window, and he saw me, and drawed back again. I said I'll have a knock at you. Then we got the key and went to the house. The rest as the other two, with this addition. The prisoner said he and the other Man that ran away came there to sleep, and that a brewer's servant found another piece of lead in the street, which was compared also and fitted as the rest.
I went there to sleep. Guilty .
Henry Incledon , was indicted for stealing 2 chintz curtains, val. 18 s. one quilt, val. 20 s. one linen sheet, val. 8 s. the goods of John Utteridge , June 6 . *
John Utteridge. I keep a publick house , the prisoner came to my house the 2d of June, and lodged with me four nights. The sixth in the morning he went away, and a rope was found hanging out of his room windov, fastened to it above, and the things mentioned in the indictment were missing, which were there when he went to bed. I saw the maid lock his chamber door when he went to bed, and she left the key in the door on the outside. I saw it unlocked the next morning.
Q. Have you met with your goods again?
Utteridge. No I have not, my lord.
323. (M.) George Gibbons was indicted, for that he, on the 26th of February about the hour of four in the morning, the dwelling house of John Alien burglariously did break and enter, and stealing out thence 4 silver watches, one silver hilted hanger, one silver salt, 2 silver teaspoons, the goods of the said John, in the dwelling house, &c . *
John Alien. I saw my shop shut up about 10 o'clock at night, the 25th of Feb. It is part of my dwelling house. My servant called me up about four; I found my shutter had a hole cut in it so as to get in a hand. It was fastened with two iron pins within side. I missed four silver watches, one of them had a shagreen outside case, a hanger mounted with silver, a silver salt, and two silver tea spoons.
Q. When had you seen them last?
Alien. I saw them over night about 8 o'clock, they hung on small hooks in the window. I advertised them twice ; after the second time some body knocked at my door, my servant open'd it, and in going to shut it there lay two of the dial plates to two of the watches. Produced in court and sworn to, having the maker's name upon them.
Q. What reason have you to suspect the prisoner?
Alien. One Mr. Philipson had taken him up on some other account ; he brought him to me, there he confessed, and also before Justice Chamberlaine that he put these plates at my door; that he and another person cut the hole in the shutter, and took the things mentioned, and that the salt had a crest on it, for which reason he beat it, and the silver hilt to pieces, and sold them in several places.
Samuel Philipson , The prisoner was in New-prison about a fortnight or three weeks ago. He desired me try to get Justice Chamberlaine to admit him an evidence, telling me he had broke open this gentleman's shop, and that he had pawned the watches in Grubstreet. I went and acquainted the Justice with it: he gave me an order to take him out of New-prison and go with him to where the watches were pawned. So I and the keeper went with him to the house of Mr. Belomey; the prisoner asked for the shagreen watch which he had pawned in his own name for 7 s. 6 d. He brought the watch down, and we paid for it. Then he asked for a silver watch in another name, that was also produced; then we told the pawnbroker he had broke open a shop and stole them, and if he'd go along with us he might be satisfied about it. Then the prisoner took us to Mr. Alien's house, we asked him if his house had been broke open, he said, yes, and that he should know the goods he lost could he see them. We shewed him the 2: watches, he owned them. Then Mr. Alien asked the prisoner how he could do such a thing ; he answered, the watchman was coming by once in the time, and that he stood with his back to the hole that he might not discover it.
I asked the keeper of the prison if he would buy such things, for they told me I should be either hanged or transported for what I was taken up for. He went to the pawnbrokers and looked at the watches ; he said he knew they were stole by the advertisement, so he carried me to the prosecutor's house; he wanted me to be evidence against another young lad: I cleared him. I found these two watches in Spittlefield's market tied up in a handkerchief.
Guilty Death .
There were two other Indictments against him.
William Signal , William Ward , and Catharine Hart , spinster , were indicted, the two first, for that they, on the king's highway, on George Derby , did make an assault, putting him in corporal fear and danger of his life, and taking from him one pair of silver buckles, val. 10 s. one silk handkerchief, val. 5 s. one 36 s. piece and one half guinea, the goods and money of the said George , June 5 . And the third for receiving the silver buckles and silk handkerchief, knowing them to have been stolen , +
George Derby . As I was coming along Ratcliff highway on the fifth of June between the hours of eleven and twelve at night, three men attacked me, swearing, bid me stand. It was so dark I can't take upon me to say what arms they had. They took from me a 36 s. piece, half a guinea, some loose silver, my silver buckles out of my shoes, and an India silk handkerchief out of my pocket. I went and complained of it in the neighbourhood, upon which it got to the ears of the thief catchers, and in about three nights after I was sent for to Sir Samuel Gore 's; there were the two men now at the bar, and one Randolph Branch the evidence, they all three confessed the fact. Signal said Branch and he took hold of my handkerchief by two corners, and had tore it all to pieces. The evidence told me my buckles were pawned near the May-pole in East-Smithfield. I went as he directed, and they were delivered to me. Produced in court and deposed to. William Ward said before the Justice (in order to be admitted evidence) that when they were taking my buckles, that he said to them, don't take his buckles.
Q. Was there such words spoke when they were taking them ?
Derby. Yes, my lord, there were.
Q. to prosecutor. Was that the place where you was robbed?
Derby. It was, my lord.
Branch. We had no arms, only Signal had a little penknife, which he held to the gentleman. I took a 36 s. piece and half a guinea out of his pocket, I know nothing of any silver, which the gentleman mentions. Signal took the buckles from his shoes, and Ward his handkerchief. Then we all went to Signal's room, and equally shared the money. Signal gave me half a crown for my share of the buckles and handkerchief, and I saw him give them to Catharine Hart .
Q. What had Ward for his share of them ?
Signal. She is my wife.
Branch. She let us in, and doesall hours of the night, and knew what we went about. She was by when we divided the money and heard us talk how we came by it.
Signal. That evidence has been at the Old-Bailey three or four times. See No. 474 in Blachford's, and 25 in Cokayne's mayoralties. I pawned the buckles my self; my wife is as innocent as the child unborn. Branch said he'd transport her and hang me.
I have nothing to say, only my wife know: nothing at all of it.
I went to take a walk and light of this young man (pointing to his fellow prisoner) then we light of the evidence, and being out late drinking, as we were going home along Ratcliff highway, Branch went up to the genteman and demanded his money, unknown to either of us. I saw him stoop down to take his buckles, and I said for Christ's sake don't take his buckles. After that we went home.
I am as innocent as the child unborn, I am wife to Signal .
Hart acquitted .
Signal and Ward Guilty . Death .
327. (M.) James Holt , otherwise Hoult , was indicted for that he, together with divers other persons to the number of 20, at Horsey in the county of Norfolk , being armed with fire-arms and other offensive weapons, did unlawfully and riotously assemble together in order to be aiding and assisting
Robert Lindow . I lived at Horsey, in the county of Norfolk, at Mr. Royal's, in the year 1746. It was a house frequented by smugglers at that time. I remember, on the 10th of March that year, there were 20 or upwards of them at our house, the chief of them were armed; they staid till 11 at noon, when word was brought that the cutter was come in.
Q. Was the prisoner among them?
Lindow. He was backwards and forwards among them. He quartered at Mrs. Pearse's house, another house where the smugglers resorted to.
Q. Did you know him before that time?
Lindow. I did, my lord ; I went down to the sea side with them and saw the prisoner at the bar coming cross the field from Mrs. Pearse's house; some of them were down before me and some not so soon. They laid down their arms on the beach as usual. There was a boat brought tubs and oilskin bags from a cutter, which were thrown on the shore, and the men loaded their horses with them. The tubs were half anchors of brandy. I went for one for my master, that was brandy. I went away before the rest.
Q. Did you see the prisoner by the sea side ?
Lindow. I did, I saw them go away loaded towards a place called Winterton.
Q. By what particular circumstance do you recollect this to be on the 11th of March.
Lindow. I remember it by Abraham Bayley 's coming; he was a king's officer. The smugglers flung their pieces about one of them in a particular manner, and went to take him; they whipped him and used him cruelly on the 10th, which was the day before.
See No. 631 in Calvert's mayoralty.
John Locket . I have known the prisoner six or seven years. I was servant at Mr. Pearse's at Horsey twelve years. I have seen the prisoner there several times among the smugglers; he came there on the 9th of March 1746 at night, and staid there all the next day. There were 14 or 15 of them at our house armed in general with pieces slung across them. The prisoner had a piece flung when he went away towards the sea, which was on the 11th about 12 o'clock, having an account brought that the cutter was come in; there were others at Royal's house went with them.
Q. How far is Horsey from the sea side?
Locket. It is about half a mile from it.
The distance of time is so long that I can't remember any thing of these men, or tell what to say.
Guilty Death .
See No. 499 in Cokayne's mayoralty.
328. (M) James Arlington , commonly known by the name of the Young Papist , was indicted for that he, together with divers other persons, to the number of 20 and upwards, at Horsey in the county of Norfolk , did unlawfully and riotously assemble themselves together in order to be aiding and assisting in the landing and running uncustomed goods, and liable to pay duty, which had not been paid or secured , Feb. 13, 1746 7 *
The evidences were John Locket , Robert Lindow , and John Riol . The latter could not recollect he saw the prisoner amongst the others. Lindow saw him, but saw no arms he had. Locket said that he saw him, and he had a piece flung cross him when he went from Mrs. Pearse's house; that he himself went to the sea side for a tub of brandy, but did not see the prisoner there. Acquitted .
329. (M.) Pere de Bree, otherwise Peter de Bree, otherwise Pere de Bress, otherwise Peter de Bress, otherwise Pere de Permon, otherwise Peter de Permon , was indicted for stealing one wooden box bound with iron, val. 2 s. and 70 guineas in gold, the property of George Pitt , Esq; in the dwelling house of Howel Lewis , May 22 ++.
George Pitt . I arrived the first of March at London from Paris; the prisoner came along with me. I lodged at the house of Mr. Lewis, a surgeon, in Jermyn-street St. James's . The prisoner desired leave to lodge in the same house that my servants might be of use to him, he not understanding English; so he lodged in the garret. I had 70 guineas, a picture of my wife, and other trifles in a strong box in the dining room. The money was put in between the 2d of March and the 22d of May. I went out of town the 21st of May for Dorsetshire ; when I returned on the 24th I was told my box was gone, and it was found in the Park in a pond, and two letters in it directed to me, by which means it was brought to my lodgings. The prisoner was gone out to dress a dinner on the prince of Wales's birth-day. When he returned I had him taken up; the constable found 66 guineas in a
Q. Did he tell you this without your making use of promises or threats ?
Pitt. He did, my lord, he had little or no money of his own.
Howel Lewis . Mr. Pitt lodged at my house, so did the prisoner. After the box was found the prisoner was searched in my house on Sunday the 24th of May in the afternoon; the constable found 66 guineas in his pocket. Mr. Pitt had been out of town about three or four days, and was returned that day. I heard the prisoner confess he went down from the garret to Mr. Pitt's room and took the box up into his own, then he went down for a hammer, with which he broke it open. I think he said he took the money out, but am not positive. Then he said he threw it into a pool in the Park.
Q. Did he confess in French or English?
Lewis. In French.
William Jones . I had the prisoner delivered into my custody a little while before the constable came; there were found in his fob 66 guineas when the constable searched him. I heard him confess he took the box up into the garret, broke the lock open, and took the money out.
Thomas Willis . I found this box ( produced in court, which the prosecutor deposed to) in a pond called the Cow-Pond in the Green-Park, on Saturday morning the 23d of May; it was about an inch and half open, full of water; there were some letters in it. I carried it home and advertised it. The prisoner had nothing to say.
Guilty Death .
Edward Welch . I am a watchmaker and sell all manner of tools and materials in the watch trade , and live in Newgate-street . The prisoner had several times been at my shop; after which we had missed some vierges; we having a suspicion of him laid a trap for him by counting what were in the box. I had counted them on his account on the third of this instant, but before he came on the 5th that number was altered; he came about seven in the morning under pretence of buying vierges as before. My servant called me down stairs; he had bolted him in, and said, there is the man that has got some of your vierges. Then I collared him, and said, you are the chap that has robbed me several times before (I believe I had lost a gross in a week.) He denied it boldly, so I sent for a constable. There were two dropped down under him, and one fell on the compter; that one I don't charge him with. We found a hole in his waistcoat pocket through which they must have passed, in the lining of which there were 15. (Produced in court and deposed to.)
William Gatford . The prisoner came to my master's to buy some vierges about seven or eight o'clock the 5th of this month. I knew him before by his coming; he used to sell my master vierges; I shewed him some, and turned them out as usual on a paper for him to chuse; he said there were none of the height he wanted. Another person came into the shop that wanted some other things ; I went to serve him; the prisoner had got the paper in his hand to pour them into the box which he then held in his hand; I saw him pour some aside and shut his hand; I did not see him put them into his pocket; he was going out, but I bolted the door and called my master down. I had counted them over night, there were ten dozen and two in the box. I counted them in the box; at this time there were eight dozen and eight. My master sent for the constable, and he searched him; there were found 15 in the lining of his waistcoat pocket, two dropped on the floor, and one on the compter, which made up just the number.
John Topham . I am constable. I was sent for. I searched the prisoner and found 15 vierges in the lining of his waistcoat, two were found on the ground, and one on the compter. He had no money in his pockets to pay for any thing had he bought &c.
I used to make vierges for Mr. Welch. I had once made three dozen, and was coming along, having them in my waistcoat pocket; the bottom happened to come out, and I lost about two dozen; I gave them over for lost, and these are them.
Welch. Those are not of the prisoner's making, they are made by one Ward; what I bought of the prisoner are quite of a different sort.
Tobias Pilgrim . Coming out from the chamberlain's office on the second of June, between one and two o'clock, James Mills came after me and asked me, if I had not lost my handkerchief. I felt in my pocket and missed it; then I said I had, and it was a red and white one. I went back and saw the handkerchief in his hand as the people had hold of him, (produced in court and deposed to) marked T. P.
James Mills. I happened to go into the chamberlain's office between one and two on the second of June; coming out again the prisoner was between Mr. Pilgrim and I; I, being behind, saw him run his hand into Mr. Pilgrim's pocket and take out his handkerchief. When I detected him he threw it down on the ground. The prisoner wanted to run away. Mr. Pilgrim came back and owned it, I had it in my hand when he came back. He insisted that the prisoner had taken it, but he denied it. I believe I laid it upon his hand.
As I was going home I saw several people going into Guildhall, so I went, thinking to pass a quarter of an hour there. They were making free several young men. The office was ordered to be cleared ; a great number went out together ; going down stairs there lay a red handkerchief, and I was going to pick it up, but a man said, it is none of your's, and I said, it is none of your's; he then said, I suppose you picked somebody's pocket of it. A gentleman came out and said, you ought to carry him to the alderman, because a gentleman has lost several bank notes in a pocket book. Then this gentleman said he had lost his handkerchief ; so they took me before alderman Chitty, and he asked the man whether he was a housekeeper, and he said he lived in Bear-and-Ragged-staff-yard Whitechapel. I sent a person there, who said no such person lived in that place.
For the Prisoner.
Hannah Morris . I live in Gravel-lane, and deal in Rag-Fair. I don't know what the prisoner is charged with any more than you do. I went to get this witness's character in Whitechapel. He has no character.
Q. How did you inquire for him?
Q. Did you inquire for one of such a name?
H. Morris. I don't know his name, I did not inquire for him by his name, he said he was a cooper.
Guilty 10 d .
As Joseph Smith , a carman, was going with his cart from the custom house to the prosecutor's with the snuff and other goods, he rested his cart by the way to carry a parcel to another gentleman's house. When he returned he missed the cask of snuff The prisoner, and another person who made his escape, were detected in selling it in Shoemaker Row. (The cask produced in court and deposed to.) Guilty 39 s .
Thomas Barrot . I am apprentice to Mr. Finch. [He produces six pair of thread stockings put up in paper, upon which was writing on the outside, which he deposed was his own writing] I had been shewing these stockings to a gentleman, and had laid them on the compter a little before they were missing, on the 9th of June , about ten in the morning.
Robert Tutt . I keep a haberdasher's shop. The prisoner came to my house the 9th of June about nine in the morning for some children's apron strings. She bid me half price, after which she went out of my shop into Mr. Finch's. I went to see what she wanted to buy, having a mistrust of her, and made an excuse to change a guinea. I saw her take up that parcel and go out. I went after her and took it from under her arm, and led her back.
I went into that gentleman's shop for a pair of stockings; going out of the shop I picked the parcel up. I took them to be a piece of paper bundled together; and that gentleman owed me a particular spite, so he brought me back, and says this against me.
334, 335. (M.) John Page and Benjamin Breech , were indicted for that they, on the 5th of July , about the hour of two in the morning, the dwelling house of Michael Gibbons did break and enter, and steal from thence six great coats, val. 6 l. the goods of the said Michael . +
John Morton could only prove the doors were fast over night, the door broke open, and the goods missing in the morning, and they never heard of them since. The principal evidence was William Haines , who deposed, be and the two prisoners at the bar committed the fact; and it resting singly there, the jury acquitted the prisoners.
336. (M.) John Page , a second time, and John Meadows , were indicted for that they, on the first of February , about the hour of three in the night the dwelling house of Pury Kester did break, enter, and steal out thence four China bowls, one pewter dish; one pewter can, the goods of the said Pury . ++
This also resting on the single evidence of Haines, they were both acquitted .
337. (M.) Daniel Macquin was indicted, for that he in a certain field, or open place, near the king's highway, on Daniel Wint , did make an Assault, putting him in corporal fear and danger of his life, one silver watch, val. 40 s. one watch string, val. 1 d. 2 silver seals, val. 1 s. 6 d. and 4 s. in money numbered, from his person did steal, &c . May 6 . ++
Daniel Wint . As my wife and I were going to our lodging at Islington , between eight and nine in the evening May 6, the prisoner attacked me with his sword in his hand half drawn, and demanded my money in the second field near Mr. Pullins. [Note, the prisoner was a soldier .] I gave him four shillings. I suppose by my turning up my coat he saw my watch, which he demanded, but I was unwilling to part with it. (My wife pushed forwards.) He thrust the point of his sword against my rib, and fearing it would have went through my cloaths, I took hold of it with both hands, and argued with him in a soft manner, saying, I had more money in my left hand pocket, which I would give him if he would not have the watch. I strove to break his sword, but he was too much for me. He pulled his sword out of my hands, and tumbled backwards down the hill, and I fell a little on one side. He recovered and attacked me again for my watch, holding the point of his sword towards me. Then I pulled the watch out of my pocket, which he took and ran away with. I saw him as he ran the best part of the field with the watch in his hand. I advertised the watch, and Mr. Walbank. a pawnbroker, sent for me the very day I advertised it, being the 9th of May.
Q. Are you certain the prisoner is the man?
Wint. I am certain he is, my lord. ( The watch produced in court and deposed to.)
Martha Wint . I am wife to the prosecutor. On the 6th of May as we were going to Islington, coming into the second field the prisoner passed us and walked briskly along. I saw him afterwards standing with his back against the rails that we were to go through. He held down his head and drew his sword by degrees, saying, I want your money, give me your money, as fast as he could speak, and pointed his sword to my husband's breast. I expected nothing but murder. I pushed on, and went three fields before I found any body. I did not see the robbery committed, but am sure this is the very man that stopped us.
Q to Prosecutor. Is this the watch you lost at that time?
Prosecutor. It is, my lord.
Q. to Walbank. Is this the watch that Carrol brought to you?
Walbank. It is.
Q. to Carrol. Did you ever carry above one to him?
Carrol. No, I never did, and that was about six weeks ago. The prisoner was acquainted with my mistress for whom I work, which was the reason he sent me with it. I had before pawned three or four shirts for him. He bid me ask three guineas upon the watch.
A man gave me the watch to pawn for two guineas, and I got but a guinea and half.
Guilty Death .
341, 342. Charles Steward and Ann, wife of John Manning , were indicted for stealing three pounds weight of human hair, val. 15 l. the property of Isabella Butler , widow , in the dwelling house of Archibald Glass . The prosecutor not appearing they were acquitted , and the court granted them a copy of their indictment.
343. (M.) Daniel Haynes was indicted for stealing one feather bed, val. 3 s. two linen sheets, val. 1 s. one bolster, val. 6 d. the goods of Patrick Bready , in a certain lodging room let by contract, &c . June 24 . || Acquitted .
344. (M.) Sarah, wife of James Hartley , was indicted for stealing one linen shirt, val. 3 s. one stuff and silk petticoat, val. 2 s. two linen handkerchiefs, val. 1 s. the goods of Thomas Philips , Aug. 11 . *
Dorothy Philips, On the 11th of Aug. I lost the goods mentioned. I had information she had been seen in my room: I took her up near the Meuse gate ; there she told me she took the things, and sold the handkerchiefs and pawned the petticoat in Masham street, near the Horse ferry. I went and saw it there. It is there now.
I never saw the things.
Guilty 10 d .
345. (M.) William Belcher was indicted, for that he, on the king's highway, on William Norton did make an assault, putting him in corporal fear and danger of his life, and taking from his person five shillings June the 3d . *
William Norton. The chaise to the Devises having been robbed two or three times, as I was informed, I was desired to go in it to see if I could take the thief, which I did. On the 3d of June, about half an hour after one in the morning, I got into the post chaise, the post boy told me the place where he had been stopped was near the half way house between Knightsbridge and Kensington As we came near the house the prisoner came to us on foot, and said, driver stop; he held a pistol tinderbox to the chaise, and said, your money directly, you must not stay, this minute your money. (He produced the tinderbox) I said don't frighten us, I have but a trifle, you shall have it. Then I said to the gentlemen, there were three in the chaise, give him your money, &c. I took out a pistol from my coat pocket, and from my breeches pocket a five shilling piece and a dollar, and held the pistol concealed in one hand and the money in the other. I held the money pretty hard, he said, put it in my hat. I let him take the five shilling piece out of my hand: As soon as he had taken it I snap'd my pistol at him, it did not go off; he staggered back, and held up his hands, and said, O Lord, O Lord. I jump'd out of the chaise, he ran away and I after him about 6 or 700 yards, and there took him: I hit him a blow on his back, he begged for mercy on his knees. I took his neckcloth off and tied his hands with it, and brought him back to the chaise; then I told the gentlemen in the chaise that was the errand I came upon, and wished them a good journey, and brought the prisoner to London.
Q. Did you lose sight of him in the pursuit?
Norton. No, I did not, my lord, it was a very clear morning.
Q. from the prisoner. Ask him how he lives?
Norton to the Q. I keep a shop in Witch street, and sometimes I take a thief.
William Messinger . I drove the post chaise, I took Mr. Norton in the chaise at Hide Park Corner, and told him if we did not meet the highwayman between Knightsbridge and Kensington, we should not meet him at all. I saw him coming, and said, he is coming, get the pistol ready. He came up to the chaise, and said, your money, make haste, your money. I heard the pistol snap. the prisoner said, O lord, and ran away and Norton after him. and took him.
Q. Did you ever lose sight of him in the pursuit?
Messinger. I did for a little time, the pursuit was not above three minutes, I heard the prisoner cry, O lord, the moment he was taken.
I leave it to your lordship and the honourable court.
Guilty Death .
It appeared the prisoner had taken this horse, mentioned in the indictment, from a team for carrying more than a chaldron of coals at once, contrary to an Act of parliament. The prisoner produced the act, and said he read it over to the driver, and also told him where he was to be found.
347, 348. (M.) Jonathan Burgen and Richard Lane were indicted, for that they, on the 20th of June , about the hour of 12 at night, the dwelling house of Jeffery Burton did break and enter, and stealing out thence 300 yards of ribband, two dozen of knives, two linen sheets, one pair of worsted stockings, a quantity of mettle buckles and buttons, the goods of the said Jeffery . *
Jeffery Burton. I live in Barking Dog Walk near Windmill Hill . On the 20th of June I locked all my doors, and put up my shutters by 10 o'clock and did not lie there that night, but left the house to the care of William Burchingall . When I came to see it in the morning there had been an attempt made to break in at the casement, but I found the place where they got in was from the roof of the house, some of the tiles were taken off, and a hole made through the ceiling ; then they had nothing more to do than open my back door that was bolted with three bolts within side, and go out with the things. I missed 300 yards of ribband and upwards, two sheets that we lay in, one pair of stockings, a pretty large quantity of thread, buttons, and other things. Jonathan Burgen told me he hid several things in a hay cock. I went to it, but found nothing there. I did not hear Lane say any thing.
Q. Are you certain the goods were in your house when you locked the door over night?
Burton. I am certain they were.
Joseph Hughes . Between 12 and one last Friday was 7 night at night, the two prisoners at the bar and I went to the prosecutor's house, Lane got over the pales, Burgen next, and I next. Lane took three or four panes of glass out of the window, we could not get in there; then we got up on the roof of the house, Lane got up first, and handed the tiles to me, and I to Burgen. Burgen had a great stick, which he handed up to Lane, who punched a hole through the ceiling, and called to me, saying, you have done nothing, you ought to come and jump in, which I did, after pulling off my clothes. Then I unbolted the back door and let them in. Then I went over the pales again, and three stood and watched, fearing any body should come. Then I put on my clothes, and they rifled the house, and took away ribbands and all sorts of hardware, some mettle Buckles, and a great many knives. Burgen hid some in a hay cock, some were taken upon us; we were all taken together. There were two pair of scissars sold to a person in Chick-lane. I confessed the whole, and was admitted an evidence. Burgen confessed he was concerned in it before the justice.
Edward Pinches . Last Tuesday morning about 6 o'clock I was called up by Thomas Merriot , who told me he heard that a shop had been broke open, and that he thought he knew where to find the thieves. We went to a house in Black-boy alley, there we found the two prisoners and the evidence all in bed together. We turned up the bed and between the bed and the tick we found some ribbands and knives. Produced in court.
Q. to prosecutor. Are these your property?
Prosecutor. They are, my lord, here is my own writing on the paper in which the knives are; and also on the middle of the roll of ribbands.
Pinches. We took the evidence to New-prison, and the two prisoners to Clerkenwell Bridewell ; Burgen said to me, he wished he could be admitted an evidence, saying, he could make some discovery of sheepstealing, besides this robbery, and wished he had spoke sooner.
Thomas Merriot . I went with Pinches and others to a house in Black-boy alley, there we found the two prisoners and the evidence in bed together, we turned up the bed, and found some ribbands upon the sacking.
William Burchingall . I am 14 years of age. I lay alone in Mr. Burton's house that night it was broke open. I know that the shutters and windows were shut over night. I did not open the street door after my master was gone, there is a door opens out of his house into my mother's, through which I went to fetch a few things. I locked the door at my going out and coming in, and went to bed in a little time after my master was gone.
Margaret Holt . Richard Lane is my brother, he brought this bundle (producing a handkerchief well filled with hard-ware) and left them at my house, saying, he would call for them. He came no more; I was out on business, there came two gentlemen
Q. to prosecutor. How came you by that bundle?
Prosecutor. A gentleman and his wife walking out for the air found them in the place where this evidence said she hid them. They hearing a shop had been robbed they left them at the Angel. I was sent for, and there I found them, they are my property.
That is not the handkerchief that I left at my sister's.
I came out of the country but last Friday was a month, I light in company with Hughes in Golden lane. He had got a bag, in which was two linen aprons, pewter spoons, and other things, which he was going to sell in Rag-fair; he sold them. We came back again, I was very much in liquor; then he asked me to go with him, he shewed me this man's shop. Then he said he'd get over the pales, and shew us the way to get in. It is not a dwelling house, it is only a hosier's shop.
Both guilty . Death .
There was no evidence produced in behalf of the crown, the jury found the issues for the prisoner .
There was no evidence produced, &c. the jury found the issues for the prisoner .
William Pary . I am a waterman. On the 11th of June I had got forty shillings in halfpence in my boat, tied up in eight crown parcels, which I had received in London for Abraham Dalton , whom I do business for. I went on shore and left the prisoner in the boat, he was my apprentice . I returned in about a quarter of an hour, he and the money were missing. I had him advertised, and he was taken the next morning with part of the halfpence upon him; he had made away with twenty seven shillings and a penny of it. I took him before Justice Fielding and he confessed it.
James Airey . I took the prisoner in a cellar near Temple bar, he had thirteen shillings all but one penny in halfpence about him, tied up in a handkerchief, done up in two parcels, one had five shillings worth in it. He owned in the watch house that it was the money he took out of his master's boat.
I was in liquor and found the money.
Thomas Renton . I am a surgeon and man-midwife, I served my time in Edinburgh. I was sent for the 22d of June to justice Fielding's, the justice desired me to search Catharine Poor , I did, and found the outward lips of her womb somewhat swelled, and the skin in several places torn. Upon opening the inward lips they were a good deal inflamed with a laceration and confusion on the left side of the inward lip. There had been very great violence used with her. I can't take upon me to swear her body was entered ; she had the venereal disease on her very strong.
Q. Are you certain of that ?
The child could not be examined upon oath, not knowing the nature of an oath.
The prisoner was acquitted .
John Undershill . The prisoner came to my house in Dyer's-street Bloomsbury , on Wednesday the 23d of May, and brought a young woman with him. On the Monday following he said he was going to be married to her, and if he was not he should go crazy; her name was Sarah Williams . He asked me to go with them to be married to the corner of Fleet-lane. They left a box at my house, and returned again soon after. He is 17 years of age, and she is 22, as they said. They went to bed about a quarter after ten on Sunday night. There was a woman that lay on the same floor came down stairs and followed the prisoner between two and three on Monday morning, who came into my room, awaked me, and said, that the prisoner told her he had killed his wife. Before I had struck a light I heard him say so, he was at my bed's feet. I asked how he could talk so; he said he had almost cut her head off. My wife lighted a match, and I saw the blood run off his arm to his breeches; he was bloody as high as his elbow. I made my wife lock the door while I called the constable. When I came back he was sitting where I left him. We carried him to the Roundhouse. When we returned we went up into his room, and there lay his wife on her back on the floor, with her face on one side near the chimney ; her throat was cut, her head almost off, and a bloody knife was lying in the window. She was quite dead, dressed all but her bodice, cap and apron.
Q. Did any body lodge in the same room?
Undershill. No, there was not.
Q. Did you hear a noise in the night?
Undershill. No, my lord, I did not.
Peter Woods . I am a watchman. [He produces a clasp knife all bloody.] I came by Undershill's door and saw two women crying about three o'clock in the morning when I called the hour. I gave them a piece of candle. Then the constable and Undershill came back, and I went with them up two pair of stairs, where I saw a woman lying on the floor, one hand upon her breast, and her head almost cut off. The prisoner told them he had left the knife in the window, where I found it.
Henry Cooling . I am constable. Undershill came and knocked at my door and told me, there was murder committed in his house. I went and found the prisoner sitting in the house, his right arm and left knee were both covered with fresh blood. He told me he had killed his wife; that he would very willingly die for her, because he loved her. He told me the knife was in the window in the same room. After I came from the Round-house, I went up and saw her lying on her back among blood in the condition as has been mentioned.
Prisoner. I have nothing to say. Guilty Death.He received sentence immediately to be executed on the Thursday following, (being cast on the Tuesday before) and his body to be dissected and anatomized.
Note, This is the first case after the new act of parliament.
360. (M.) Frances Monday , spinster , was indicted for that she, in a certain place to the jurors unknown, on John Hall did make an assault, putting him in danger of his life, and stealing from his person one half guinea in gold , June 19 . ++
John Hall. Last Thursday se'nnight I had been in the Borough, staid late, and was in liquor. I could not get into my lodgings in Grey's-Inn-lane. I was going from thence to Westminster to an acquaintance there, and passing by the new church in the Strand this woman came cross the way to me and asked me to go with her and drink some Dorchester ale. I went to a place which she said was the Black Swan between the new church and Exeter Change. I drank but one glass of beer. She then asked me to give her some shrub. which I did, and a bottle to take home with her. I staid there about half an hour, and paid three shillings for what we had, I changed a guinea, and I believe in pulling out that she saw another which I took out with it. She wanted me to go home with her, which I did to a house next door to the red house in Exeter Court . I sat down in
The gentleman made me a present of it. After he had what he desired of me, he said he would have it again, or he'd swear a robbery against me.
William King . I live in the Old Bailey. I was at the house next door to where the prisoner lives, and going out to make water I heard her voice, (I knew her before.) I also heard a man say, give me my halfpence; she answered, did not you give it me? he said, I know that, but if you don't I'll swear a robbery against you.
Q. What is her name?
M. Smith. I can't tell her sirname, her Christian name is Jane. I have known her about a fortnight; she lived there at that time.
Q. Who keeps the house?
M. Smith. I can't tell, the gentleman lives in Westminster.
Q. What are you?
M. Smith. I am a chairwoman and washerwoman.
Q. Who lives in the house?
M. Smith. There are two men and their wives. I was in the passage and heard him say to her, what will you have? she said, half a guinea; he said, there it is for you, take it. I know no more.
The prosecutor did not appear, his recognisance was ordered to be estreated .
Mary Steel deposed, the prisoner took her as she was going to work about three o'clock in the morning from near a watch-house where he found her to a lodging-house in Well-street , and carried her up stairs, where were two beds; in one lay two women together, and he flung her down upon the other bed and lay with her against her will; that she resisted and cried out all in her power; that he tore her cloaths, kept her daughter in the room, and that M'Culler kept her from going out of the room to call in any assistance for her mother.
The prisoner, in his defence, said, it was a contrivance of one Westwood, in order to extort money from him, who called Oliver Smith the constable of the night; who deposed, that he and Henry Keys , one of his watchmen, found the prisoner and a little girl with her which he supposed to be the daughter lying sleeping in an alley with their gown tails over their heads, and took them to the watch-house. That from thence the prisoner and M'Culler went with the prosecutrix and her daughter.
Henry Keys confirmed the above with this addition, that when they all four left the watch-house the prosecutrix went with the prisoner holding him by the arm, and that they went away exceeding lovingly together.
Elizabeth Patridge deposed, that she was one of the two women in another bed in the room; that the prosecutrix pulled off her cloaths first, and the prisoner pulled off his after; that they went into bed; that there were no words in anger passed; and that no soul came into the room but them two, only the little girl, whom her mother ordered to go out of the room and sit on the stairs.
The prosecutor keeps a broker's shop in the Butcher Row, Temple Bar ; he missed the pewter plates from the door. Anne Martin went after the prisoner, took the plates from him, and brought him back again. The prisoner owned the fact, and offered to pay for them.
367. (M.) Jeremiah Barker , was indicted for receiving 79 yards of camblet, knowing it to have been stolen by James Hall , the goods of Thomas Bowden . The said Hall was cast last sessions for stealing it, to which the reader is referred. See No. 304 in that paper. Acquitted .
368. (M.) Margaret wife of John Shepherd , was indicted for receiving 72 yards of woollen cloth called Long Ell, value 4 l. the goods of Thomas Bowden , knowing them to be stolen by James Hall , convicted for it last sessions, May 14, to which the reader is referred. See No. 304. Acquitted .
369. (M.) John Wright Newark was indicted for having married Elizabeth Potts , widow , on the 31st of August, in the 22d year of his present majesty's reign , and after that for marrying Elizabeth Sharp , widow , his former wife being living .
No prosecutor appearing he was acquitted .
370, 371. (M.) Ezekiel Barnes and James Keeling , otherwise Slam , were indicted for stealing nine yards of woollen cloth, val. 20 s. the goods of the united company trading to the East Indies; it was laid over again to be the property of Richard Richardson , and over again to be the property of persons unknown, Jan. 1 . *
Richard Richardson. I am a clothworker and set cloth for the East India company, the two prisoners were my journeymen . The dyer brought the cloth to me to set and dry. The dyer brought in 9 half pieces of popinger green, about 21 or 22 yards each. The prisoners took 9 yards from the nine head ends, and when it came to the India house the inspectors did not find it out.
Q. What is popinger green sold for per yard?
Richardson. It is worth about three shillings.
Q. Do others trade in popinger green besides the India company?
Richardson. The Turkey company did formerly, but latterly they do but very little.
Q. What reason have you to suspect the prisoners at the bar?
Richardson. When we have measured pieces, we have found them short before this, but the evidence Briggs, who was recommended to me for an honest man from Yorkshire, and I think he is an honest man, he'll give you an account of the affair.
Joseph Briggs . I was bred a clothworker in the town of Wakefield in Yorkshire, and had not worked at my business in London before last November. When I came to Mr. Richardson, the two prisoners were employed as journeymen with me. We had some half pieces about six quarters wide, and 21 or 22 yards long; the two prisoners measured them over to see what length they would come to, and what was over 21 yards they tore off from the head end. There was a yard taken from each half piece.
Q. Who tore it off?
Q. Must not this stretching be detrimental to the clothes?
Briggs. It is to be sure.
Q. Was it usual to do so, where you have worked before?
Briggs. I never worked in London above six weeks, but I never saw the like before.
Q. What did you do with your three yards?
Briggs. I kept mine about a month, and thought to have given it away; but meeting with a Yorkshire man, one Bothman, whom I knew, he asked me if I had got any cloth, I said I had got three short yards, which I thought to give away; he called me a fool, and said he would dye them of a Saxon green, then I might sell them. I let him have them to dye, which cost me sixteen pence; after which he got a taylor to go along with me to sell them in Shoemaker Row, which I did for 3 half crowns to a piece broker.
Mr. Richardson knows we have of these popinger greens which come in that are not thirty nine yards long in the whole cloths, and the half cloths must run in proportion to the whole. It is impossible to pull these from thirty nine to forty eight if we pull them bit by bit.
Let me ask that evidence whether he saw me cut any of that cloth?
Briggs to the Q. No, he did not, but he was aiding in it, in holding the cloth as it was wet.
Q. from Barnes. I desire my master would speak what he knows of my character.
Richardson. I can't say I discovered any villainy in Barnes, except this. He knows I have threatened him many a time, as I had often suspected him.
Both guilty .
372. (M.) Peter Kennedy was indicted, for that he on Thomas Wiseman did make an assault, putting him in corporal fear, on the king's highway, one hat, val. 1 s. and five pence halfpenny in money from his person did steal, &c . June 7 . ||
Thomas Wiseman . The prisoner and another man came up to me in Old Gravel lane June 7. about 12 at night; the other person took me by the collar, and took a pistol out of his pocket with his other hand and clapped it to my head, and demanded my money. Then the prisoner came up and took five pence halfpenny out of my breeches pocket. Then he asked me if I had a watch, I said I had none. Then he unbuttoned the waistbane of my breeches, and took out of my fob pocket a crack'd farthing and a cane head studed with silver.
Q. Was it light or dark?
Wiseman. It was not moon light, it was neither light nor dark.
Q. Did you know the prisoner before?
Wiseman. I have seen him several times before.
Q. Was there any lamps?
Wiseman. There was not, it is an open place, I could see the prisoner very well. The other man said, d - n your blood, deliver the hat, then the pistol was under my throat. I did not chuse to deliver my hat, then the prisoner said, d - n your blood, why don't you deliver your hat. Then I let go my hand, upon which the other man said, perhaps it is a felt hat, if it is let the poor man have it. The prisoner felt at the corner of it, and said, d - n my blood, it will do for me; I was looking at him all the while. When they left me I went down to the bottom of Old Gravel lane to see for somebody. I saw a watchman at a distance, I told him I had been robbed, he answered, you may rob and be d - d. Then I went to the watch house and inquired for the headborough; he asked if I knewStephen Spring observed the prisoner to look at me, and said, what makes that man look at you so? I said he had reason enough, for he has robbed me. I immediately collared him. There was another man with him, but he ran away and fetched about fourteen men, and they rescued him from me. He was taken up last Tuesday, and had before justice Bury, who committed him.
Stephen Spring . I never saw the prisoner before Monday the 8th of June at about 12 o'clock at noon, the prosecutor was telling me the story, just as the prisoner was coming by; when he had passed as he look'd behind him, I said, what makes that man look at you so? he said he was the man that robbed him. The prisoner went down Gravel lane, and two men with him, looking behind them now and then; we overtook them at the end of some broad stones. I ran round and met the prisoner, and said, is this the man that robbed you last night? he said it was. I took hold of his shoulder, the prosecutor said to him you are the man that robbed me last night. We pushed him into the Black-boy alehouse ; we had not been there above a minute before a score of Irishmen arose, and the prisoner was rescued from us.
I was in bed at 11 o'clock that night he says he was robbed.
For the Prisoner.
Burford Camphire. I have known him four or five years. I have employed him very often, he is an honest industrious fellow. I never heard any ill of him in my life; I have trusted him with between 9 and 10 l. in halfpence. I never found any ill of him, he is really a very honest man.
Thomas Marshal . About a fortnight or three weeks ago, on a Monday morning about 6 o'clock I saw Wiseman as drunk as a man could be, he said he had been robbed that night by three men. I said, you have been to a bawdy house, and the whores have robbed you. I asked him what time of the night it was; he said about twelve o'clock. I asked him if he thought he should know them again; he declared he should not.
Mrs. Murphy. Peter Kennedy lodged at our house 15 months. On the Sunday night he went up to bed before eleven o'clock. I locked my door about a quarter before eleven and carried the key up to bed with me; my child being ill, I did not sleep after three o'clock. My servant maid took the key and opened the door in the morning.
373. (M.) John Seagoe , was indicted for that he with a certain pistol loaded with gunpowder and leaden slugs, which he had and held in his right hand, on Thomas Burton Milbourne unlawfully and maliciously did make an assault, with a felonious intent the money of the said Thomas to steal, &c . May 19 . +
Thomas Burton Milbourne . On the 19th of May, over-right Isleworth church , in the road, I was driving the coach in which was my master, mistress, and Mrs. Drake. The prisoner presented a pistol to my breast, and said, d - n you, stop, or he'd blow my brains out. I struck him on his thumb with my whip, and repeated my blow a second time, and he dropped his pistol out of his hand on the ground. Immediately after that he unbuttoned his coat and pulled out another; but calling for assistance, he went off.
Q. Did he demand your money?
Milbourne. I was in such a fright that I cannot say whether he did or not. After he was taken he owned his intent was to shoot me.
Q. Did he go to the side of the coach?
Milbourne. No, my lord, he did not.
Q. What distance of time was it between his bidding you to stop and the time you struck the pistol out of his hand?
Milbourne. It was 7 or 8 minutes. He said before the justice he came out on purpose to rob; that he came along Sion-lane with some chaises and intended to rob them, but upon seeing us, and thinking to have a better booty, he passed the chaises to rob us. We passed them chaises and him.
Saunders Dover. I belong to the same gentleman that the coachman did. The prisoner passed by
Abraham Weston . I heard the coachman call highwayman. The prisoner was stopped by another man. I came over the stile, and he was then in custody. I heard him own before the justice his friends had vexed him, which induced him to set out on that business; that he asked his master leave to go out that day; that he took some powder and his master's pistols, and made some slugs himself; that he hired a horse and then set out.
Prisoner. I have some people here to give me a character.
Wilkins Brooks. I have trusted him with a great deal, and he never wronged me.
Thomas Pirkins . I have known him about twelve months, his general character is that of a very honest sober young fellow. He is the last person in the world I should have thought would be guilty of such a thing.
John Denwell . The prisoner at the bar was my servant , I suspected her because she went out the same day I took a warrant for her, and had her before justice Fielding. She was discharged the next morning. The spoon was stopt, and advertised with three letters for the owner of it to come and describe it, &c. I went and told the letters, and saw it; it was my property. (Produced in court and deposed to.) Also another spoon marked as that was which the prosecutor deposed to. They were both marked by his own brother.
John Alison. I am servant to Mr. Johnson a pawnbroker at the corner of Russel Court. On the 29th of May the prisoner came and offered this spoon to pledge with me, I having took in things before of her at different times; I stopped it; soon after it was advertised the prosecutor came and owned it.
My master took me before justice Fielding, he cleared me and ordered him to pay me my wages; he tendered it down; I would not take it, but insisted on a month's wages; after that he took me up again. I know nothing of it.
Guilty 4 s. 10 d .
George Turvile . The prisoner was a weekly servant of mine; I am a glew maker . I happened to call upon Mr. Aires coming accidentally that way (he is a customer of mine) to see if he wanted any thing in my way; he said he had a hundred weight last night, and shewed me the bill of parcels. I went home and inquired of my foreman, and found the prisoner had no order from him to deliver any thing out. I was willing to try him from the Thursday morning to the Monday morning following, and put it in his way to make acknowledgement of it. I asked him if he had called at Mr. Aires's as he had been that way; he said he did call, but was told that he should not want any thing for ten days. Then I took him before my lord mayor, where he confessed he did take the glew, and was willing to pay for it; he also there owned he had no order for carrying it away.
Q. from the prisoner. Did I not make bills of parcels when my master was at Sturbridge fair?
Turvile. As to that I have oftentimes given him bills of parcels to carry, &c. but never knew him
Richard Aires . On the 13th I ordered the prisoner to bring me a hundred weight of glew, which is 112 pounds, and he brought it on the 17th about nine o'clock at night. He produces the bill of parcels and receipt, which are read to this purport ;
Mr. Turvile called on the Thursday following to know if I wanted any. I told him I had had a hundred weight on the 17th, and shewed him my receipt; he said he knew nothing of the matter.
Q. What is the usual price?
Aires. It is 56 s. per hundred, that I gave; I always pay the person that brings the goods in.
Q. Who was the bill of parcels wrote by?
Aires. I can't tell, it was wrote before he came to me.
James Gray . I am foreman to Mr. Turvile. I was in his garden, which is in his yard, the 17th of this month; the dog barking I looked out and saw a horse stand there which the prisoner came with. I went to him, he was weighing some glew. I asked him if he was going out with more; he said he was with a hundred weight into Cannon street.
Cray. No, he lives on Snow Hill; I helped him up with the glew, and saw him go out of the yard.
Q. Have you always an order before you send out goods?
Gray. In general I have.
Q. from the prisoner. Have you not known the workmen in the yard carry out goods without orders when persons have bespoke them?
Gray. I have formerly, but not of late.
I was in necessity, and I did not do it with any intent to defraud my master, but designed to pay him.
To his Character.
376, 377. (M.) Thomas Ransom and Philip Edgerton , otherwise Batt , were indicted for stealing two saddles, value 25 s. one saddle-cloth, value 3 s. two girths, value 2 s. the goods of Joseph Bentley , privately in the stable of the said Joseph , May 26 . +
Joseph Bentley . I was called up in the morning of the 28th of last month and told that my stable door was broke open. I went and found the lock, was wrenched. I missed two saddles and a saddle-cloth, two girths and a surcingle. There was a large piece of wood standing by the door. At the same time I found the two prisoners in the custody of the watchman. I had them before the justice; as one of them was a suspicious person, they were both committed. In a day or two after there was a black apprehended, whom justice Chamberlain thought sit to admit as an evidence; he confessed the fact. The saddles were advertised, and the old one was found by some schoolboys and brought to me; then Philip Edgerton confessed that he and the black (William Coffe) broke open the stable and took the things.
William Coffe . The two prisoners and I broke open the stable door; Edgerton went to a watchman to light a candle, and we went in and took away two saddles, two girths, a surcingle, and a saddle cloth; we carried them to the house of one James, who was Edgerton's master; and when they were sold we were to have part of the money, but we were taken, so know nothing of the money.
William Smith . I am a watchman belonging to St. John's Square, Clerkenwell. About one in the morning on the 28th of May Edgerton came to me and said, pray, Mr. Smith, give me leave to light my candle; I asked him what he wanted it for, he said he was going to do his Mrs's horse that was going to a fair; he lighted it. As I was beating the hour 2, I found a piece of wood standing by the stable door and the door open; then I went into the hay lost in the next yard and found the two prisoners there; I secured them. After that I took the black, his master desired me if I saw him to secure him, which I did, and he confessed the fact.
Joseph James . Confirmed the confession of Edgerton, that he and the black alone did it.
Ranson's defence. I went to sleep there, after which Edgerton came in. About 3 or 4 o'clock the watchman came and took us up.
Edgerton's Defence. The night before this fact was done the black stole a cloth belonging to a coach, he bid me come to him about 4 in the morning to go into my stable, saying he wanted to go in. He broke it open, and brought the 2 saddles out, and said he was going to Cloth fair with them.
Hen. Greenwood. I have known Ransom 7 or 8 years, he lodged with me, he always behaved well.
Nat. Larkin. I have known Ransom about ten years, I never knew any ill of him.
Eliz. Green. I have known him 8 years, he always behaved well, he is an apprentice, but his master failed.
Ransom acquitted .
Edgerton guilty 4 s. 10 d .
378. (L.) Thomas Scot was indicted for forging a certain false and counterfeit deed, purporting to be a bill of sale, and publishing the same, knowing it to be forged, with intent to defraud , Jan. 8, 1749 . +
John Radman . I am clerk to the navy-office, he reads in a book. Here is the name James Macan in the books of his Majesty's ship the Pool. On the 23d of July 1746 he entered as an able seaman on board, and he was discharged from on board her the 22d of June 48. He had then due to him neat money 25 l. 7 s. 10 d. which was paid the 12th of March 49 to his son Thomas, administrator. He was discharged from her as unserviceable by order of admiral Osbourne, and from the book of his Majesty's ship the Dreadnought it appears he entered the 25th of June 48 as an invalid seaman, and is said to die the 2d of July 48 at sea.
John Herring . I attend the Bishop of London's register-office, belonging to the conservator court; he produces a book of warrants that are lodged there in order to gain administrations. Here is an entry that the administration was gained by Thomas Macan .
Read in court to this purport.
Jan. 6, 1749. This day appeared personally Thomas Macan, who alledged, that James Macan formerly belonged to his Majesty's ship the Pool, but late belonging to his Majesty's ship the Dreadnought died in the year 48, and that he was his natural and lawful son. He produced a seal book All administrations are entered here the time they are sealed, and this was to the following purport.
Richard Nash . I am a marshal man belonging to my Lord Mayor; it is part of my business to execute warrants. I once had a warrant against David Forrest, I believe to take him up for forgery. I inquired after him a great many times, but never could meet with him. I have inquired lately of such persons, which I thought likely to tell. I have heard since he is gone abroad.
John Girling . I am the person to whom the dead was made, he looks at it. It was sealed and delivered by the prisoner at the bar, who called himself Thomas Macan, the witnesses were David Forrest and Benjamin Clap . I saw Forrest write his name, and have inquired after him, but can't find him. I have heard he is gone over to Holland. Benjamin Clap was a man that used to do business for me, but he has been dead about two months. I saw him write his name.
Q. Where is Forrest ?
Taylor. I can't tell what is become of him. Clap is dead, I knew him. It is read to this purport.
To all people to whom these presents shall come.
I Thomas Macan , natural and lawful son and administrator of James Macan , late a mariner belonging to his Majesty's ship the Pool, deceased, do send greeting. Know ye, that I the said Thomas Macan , for the sum and consideration of 25 l. 7 s. 10 d. to me due. &c. &c. in the common form made to John Girling , signed
Girling. The prisoner came to my house Jan. 8, 1749. David Forrest and he came together, he told me he had just been to take his father's ticket out of the office, and desired to know if I would buy it. He produced the administration from the commons, and said it was his property. I took the ticket and went to the office, and made inquiry, and found it to be given out of the office. I looked upon it to be as good as a Bank note, so I bought it, and paid the money according to agreement. To the best of my memory I paid him 22 l. 2 s. 6 d. or 22 l. 17 s. 6 d. He signed Thomas Macan , and said his father's name was James Macan .
Q. Did you ever know him go by the name Macan?
Hume. No, never.Thomas Scot . His wife lodged with him. I never knew till he was in confinement that he went by another name.
Prisoner. I leave it to the honourable court.
Guilty Death .
* See No 249 in Winterbottom's mayoralty.
379. (M.) Robert Winrow otherwise Winree was indicted for forging a certain false and counterfeit deed, purporting to be a bill of sale, and for publishing it knowing it to be forged, with intent to defraud , Dec. 28 . ||
Q. What book is that?
Hewit. It contains the list of the names of all the pensioners to the chest at Chatham that have annual pensions to Lady day 50; it is the book for the year 49. He looks and finds Robert Williams , he reads, annual pensions for hurts received in the victory, 6 l. a year; here is four quarters due at Lady day 50.
John Asque . He has two papers put into his hand, one is the deed. I saw him sign this deed, and I witnessed it, and saw him receive four guineas and a half instead of 6 l. and saw him acknowledge it as his act and deed. As to the other paper, the ticket, I can't swear this is it which he produced, I know he produced one at that time.
The bill of sale read to this Purport.
To all people to whom these presents shall come, that I Robert Williams , pensioner to the chest at Chatham, at the yearly pension of 6 l. per year, for damages received on board his Majesty's ship the Victory, June 11th, 41. do send greeting. The rest in the common form.
Q. from the Prisoner. How much money did I receive?
Asque. To the best of my knowledge four guineas and a half.
Q. from the prisoner. How much had you out of it?
Asque. I had a guinea out of it, and half a crown I lent you to take the ticket out of pawn.
Anthony Underwood . The prisoner is the very man that came to me by the name of Robert Williams , about selling a-year's pension from the chest at Chatham, 61. per year, I think it was the 28th of December 1749. He produced the ticket, and I paid him one year's pay for this, for which he gave me that bill of sale, which has been read.
Q. What did you give him for it?
Underwood. He had neat money of me, 4 guineas and a half, I paid for the papers, &c.
John Pointer . I was boatswain on board his Majesty's ship the Victory. I remember one. Robert Williams on board her; I remember his receiving a hurt on Board. I signed a smart ticket for him to entitle him to a pension from the chest at Chatham.
Q. Is the prisoner the man?
Pointer. No, he is not I am well assured of that.
Pointer. He was, I believe, between 40 and 50 (the prisoner might be about 30.)
Prisoner. I don't know that witness.
Joseph Winree . I have known the prisoner these twenty years, his name is Richard Winrow, his father and my father were first cousins, I married the widow to Robert Williams , who had been at sea on board the Victory. The prisoner came to us about three years ago, about three or four days before last Christmas, and said he would get my wife the money upon the ticket. She delivered it to him.
Q. When did Robert Williams die ?
Winree. He died last Whitsuntide was three years, as I have been informed, I never knew him.
Q. How long have you been married to the widow?
Winree. I have been married three years.
Hannah Winree . I know the prisoner, his name is Richard Winnow , I delivered him a ticket last Christmas was three years, to get three quarters money due to my former husband. My husband died the Whitson week before; I never saw the prisoner after till now. The ticket is shown to her. This is the very ticket. I never received a farthing of the money.
Thomas Cooper . I remember one Robert Williams on board the Victory, I was on board her, the prisoner is not that man, he was between 40 or 50 years of age, and a great deal bigger and a little taller than the prisoner.
I have nothing to say any farther than that I sold the ticket to Mr. Underwood, and he gave me 4 l. 10 s. for it, and Asque had a guinea of it.
Guilty Death .
380. (M.) Thomas Sheffield , was indicted for stealing one grinding stone with an iron spindle and handle, one wooden tub with two iron handles, one pick-ax, one spade , the goods of John Cordwell , March 25 . + Guilty .
383, 384, 385. (L.) Moses Moravia , John Manoury , and Solomon Carolina , were indicted for conspiring together (with Samuel Wilson , since dead) to procure John Misson , master of the ship Elizabeth and Martha, to sink and destroy the said ship with intent to defraud the insurers , December 14 . *
James Lundin. I have been a seaman 27 or 28 years. John Misson came to me July or August last, and asked me if I would be concerned in part of his vessel ; I said I was not in a capacity so to do; he then said, in case I could get any money he'd give me a bill of sale for half of her, and make it of a larger value than the whole vessel, which he did; it was made in the fleet to me with my giving a note of hand to Misson for so much money whenever I got it to repair her. Then one Isaac Kendal for he knew which way to raise money upon it. He brought me acquainted with John Manoury .
Q. Who is this Kendal ?
Lundin. John Kendal worked in the India house in the warehouse. I gave this bill of sale to him ; the note which I gave Misson was for 44 l. I have the receipt here. Kendal told me some time after that I was to meet John Manoury at the Cock upon Ludgate Hill, who would shew me how to raise money. I saw him the next day at ten o'clock there, which was the second time I ever saw him; (the first time I saw him he was detected in stealing an anchor) he told me he must first see the vessel before he could raise money, and then he would endeavour to raise money soon. The vessel was then at Woolwich taking in sugar to bring up to the Keys as a lighter. She made three voyages in the time he was consulting with Wilson in Tower-street.
Q. How do you know that?
Lundin. I saw him go into Wilson's house, and he shewed me Wilson, but I did not go in with him. After he came out he said he'd go and see the vessel, after which Mr. Wilson will tell me how to proceed, and then I will let you know whether he will advance money or not. When the vessel came up to the custom-house key and was delivered of her cargoe, Manoury went on board her; he viewed her and said she was a very fit vessel for some purpose which he would let me know when we came to be farther acquainted. The vessel was carried to Mr. Horn's Way according to Manoury's directions, to be repaired. After that he said to Mission and me, I'll soon show you a person that will direct you how to get money, and said, make an inventory of what is building, make it larger than the things that are on board. He made one, which came to 120 l. (the builder did not know but there were all the materials, but in fact they were not half made use of.) He carried
Q. When was this?
Lundin. This was the latter part of Aug. or the beginning of Sept. I can't be particular as to the day of the month or the week. After Manoury had drank a little plentifully (he at such times is not close minded) he discovered the whole secret, he told us that he would get a charter party drawn up, and after that a bill of sale made, and Mr. Horne had valued her at 120 l. which was to be put up at 6 to the half. His first proposal was to ensure her in Holland, saying there is no danger, they can't try us there for any fault if we are in England, After that he got a charter party drawn up in Moses Moravia 's name.
Q. Did you see him draw it up?
Lundin. I did not, but he said he did. The inventory is shewn him.
Q. Do you know this?
Lundin. This is the inventory; here is Mr. Horse's name at the bottom.
Q. Do you know Manoury's hand writing?
Lundin. I do; the agreement for a charter party, (looking on it) is Manoury's hand writing, I am a witness to it, it is signed John Manoury for Mr. Richard Jackson . After which a charter party was prepared, I did not see him write it; he brought it to the Bell alehouse. Mr. Greenwood that keeps the alehouse witnessed it. This was afterwards consulted, as there is an act of parliament, that no vessel under 70 Ton shall take in tobacco and snuff, for which reason Manoury contrived to get liberty to touch at Cork, for the act says, none shall carry tobacco, except to Ireland. &c. After this was consulted the names were torn off. The next step was they cleared her out from the custom house for Cork and Gibraltar. Then they proceeded to have her put up upon the Change, as a general ship to make things look well. This Moravia and Manoury proposed at the Bell alehouse, it was likewise talked of at Wilson's two houses in Tower street, and at Moravia's own house in Sep. All of us talked of this matter, that we would clear her out as a general ship, and put her up upon Change.
Q. Who proposed it first ?
Lundin. Moravia proposed it first; Manoury said that is a very artful man, and readily agreed to what he had said.
Q. How often might you have meetings with Moravia and Manoury before your lading was put on board ?
Lundin. Very often, most days, sometimes two or three times a day.
Q. From the whole conversation, do you believe Moravia understood this scheme of Manoury's?
Lundin. Yes, he did. Moravia desired me to call at his house one morning, and said Manoury had been with him at his house in Aliff street, No 5, and told him if we would carry on the affair in sinking the Elizabeth and Martha he'd make it as good as 300 l. to Misson and me. I told him I would not do it, but I would keep the secret. Then on or about that time there was notice given of the first fifty pound note given, to borrow money on Samuel Wilson 's credit, Manoury wrote it out, to purchase one half of the vessel of Misson. Misson signed it, Wilson accepted it, and I endorsed it. There were four notes in all, three of them for fifty pound, and one for fifty five, all signed by Misson, all accepted by Wilson, and one hundred pounds paid by Wilson. They were drawn payable to me. One Mr. Johnson a clerk in the India house, living near me, he lent me fifty pound on Samuel Wilson 's credit upon one of them, which he received when due. I received also one hundred pounds of Joseph Nicholson , which he received of Wilson when it was due; and for the other Wilson paid me. I received another of Mr. Hucks, a cooper. The first fifty pound was to pay Misson for one half of the vessel, and the second fifty was to pay for the other half; then all was Wilson's property entirely. The third fifty pound was given to Moravia by order of Samuel Wilson , and paid to him with my notes; I have general receipts from Wilson. Moravia said he had got some clothes to come on board, and he had not money enough so he had the fifty pound to pay for them. The fifty five pound was in this form, as the vessel had been a long time sitting out: it was ordered to give twelve pound to Manoury, which was done accordingly, and the rest betwixt Misson and I for my labour and some little frivolous bills and other things that we wanted.
Q. What was that 12 l. given to Manoury for?
Lundin. I suppose for his time, and being in the secrecy of this conspiracy. We were to deliver all our property to Mr. Samuel Wilson , he was to have all. Misson and I at our coming home were to have to the amount of 240 or 50 pounds between us, in case the vessel was destroyed and sunk.
Lundin. Wilson, Moravia, and Manoury did; that there should be a half part police given to Misson, and a quarter part to me to keep the secret, and Manouty was to go with us, which he did a great part of the way.
Q. Who had you on board?
Lundin. There was John Kepling part of the time she lay in the river. We had locks to the hatchway, he generally kept the key; he was to take care of the hatchway and receive the goods, but he knew nothing of our secret. He took on board 33 barrels, which we called snuff, from Moravia's, but by the head of one of these casks of snuff tumbling out, when it was in the hold, it appeared to be dust; I believe it had been snuff, but then it was good for nothing. There were 4 bales put on board, marked 1. S. No from 1 to 7. on the 3d of Oct. to the best of my remembrance. Wilson and Moravia said, if we would reland those bales and boxes, they would give to Manoury. Misson and I 12 l. each for so doing; he said they were his property. Wilson generally threw it upon Moravia.
Q. Did you reland them?
Lundin. We did. Manoury came with an order, as he pretended, from Wilson, for 3 boxes, which he said was to pay one of those 50 l. notes, that was become almost due. Kepling was then on board, and Manoury desired me to send him out of the vessel to look for Misson, which I did. When he was gone I said to Manoury these goods will be detected by the custom-house officers. Said he, I'll say they are for Samuel Wilson in Tower street, he is a man in great repute, church-warden of the parish ; and he said, if I tell any man that, they will really pass. After which there came an order wrote by Manoury, and signed by Misson, for me to deliver 3 of these bales to a waterman; they were safe at Ratcliff highway, as I heard Manoury say, and carried to Wilson's or Manoury's, I can't say which. I know nothing of what became of them afterwards. Wilson and Manoury went and conversed together, after which there were brought in a waterman's boat on board the vessel three other boxes, about the same bigness with the mark and number, I think, 5, 6, and 7, I. S. on them, as those had before, by Wilson's servants; Wilson said Moravia will give you the 12 guineas for so doing. I heard Manoury give orders to Wilson's servants to fill them up with brickbats and rubbish. They were put into the cabin and locked in, that Kepling might not go down to take any notice for fear of a blow. Wilson seemed very angry when I went there one day, saying, I wonder Moses does not get the bales on shore, they seem to trifle with me, and that he would take the vessel from Misson if the bales were not relanded soon. Misson came on board with a waterman, and cut the package of the fourth bale and took out ten pieces of cloth and carried them to Wilson's tallow-warehouse. Wilson bid us call at Moravia's, and we should be satisfied for our trouble, for they were about pawning these goods to raise money. We went to Moravia the latter end of Nov. or the beginning of Dec. and we received 12 l. each. When I came first to Wilson's house he desired me to go to Moravia's, in the mean time came Misson, so he desired us both to go and tell him one of the boxes had been stopped in a case by the searcher. Moravia seemed uneasy at it when we told him, so likewise was Wilson before he sent us, fearing: the thing should be discovered. Moravia desired us to go and inquire for Manoury, because he could rectify things better than they. Moravia dined at Misson's house on the Sunday, and I with him; he said then to Manoury I know how to manage that affair, and desired we would come up to the Bell alehouse the Monday following. I did; there they all consulted together what to do; there was Wilson, Manoury, Moravia, and my self. Moravia insisted upon going to the custom-house: Manoury said you must not go down to appear about these goods, saying, his character was too bad and would cause a suspicion. Said he, endeavour to get a man of clear character to own them, and he must say he had bought them of a gentleman that had defrauded him, and he'd return them from whence they came; then perhaps the searchers will take no farther notice, and which will cause no suspicion. That was resolved upon by Moravia, Manoury and Wilson, they mentioned several names that I have forgot; at last they mentioned Solomon Carolina , I had never seen him in my life. Then they said he had a clear character, and was not known in any scenes of villasny, as Moravia was known to have been guilty of. Carolina came first to the Bell alehouse, and then went on the key and claimed the box. He said the man he bought those goods of had defrauded him, for he thought the whole quantity of stockings were in the box which he bought. A gentleman at the custom-house told me it was some die, but Manoury said it was only sawdust of wood. One Butler, a waterman, had them to carry on board.
Q. What became of them?
Lundin. They never came on board to my knowledge; I saw some Guernsey stockings of little or
Q. What cargoe was shipped in Manoury's name?
Lundin. There were some shipp'd in his own name, and some in the name of George Stannerd . Manoury asked Stannerd, in my hearing, to make him 4 ton of cordage upon Wilson's credit; he stammered and said, I am not in circumstances to make so large a quantity, I shall make no more than I think to send on board your ship as a venture, as you say you can bring it to so good a market. He shipped 23 coyles.
Q. Was there any application made to Wilson to see how much you were to have for your reward?
Lundin. The policies and every thing were to be lodged in Wilson's hand till we came home. Wilson referred us to Manoury, saying, what he said he would stand by. We all met, Moravia, Misson, Manoury and I at Wilson's house, there our proportions were ascertained, the lotment was thus; Misson to have a half part of a policy, which is under wrote by Samuel Touchet , delivered to him upon the destruction of the vessel, and I was to have a quarter part. Wilson kept one quarter part in his own possession; the whole insurance was 280 l. and one 150 l. Wilson's policy was 80 l. that Samuel Touchet under wrote. The bill of sale that was made to me was for 80 l.
There were 257 l. 10 s. in all of which 100 l. is paid.
The bill of sale - 80 l.
20 l. upon goods made it - 100 l.
The policy of 150 l. the half part of the vessel.
Q. Who went in her when she sailed from London ?
Lundin. There was a waterman went down with us the 14th of Dec. from Dick's shore, Limehouse, and a boy named Robins, and one George Lilley , with dogs, some trunks and boxes; Misson, myself, and one William Maciver a passenger.
Lundin. I don't know. He went to Bristol with the dogs to get a voyage ; we staid at Gravesend for Manoury's coming, he had the whole direction and management of every thing. Samuel Wilson and Moravia said he knew how to do things in a better manner than either of us. He appeared as a passenger and to have cargoe on board as a merchant to Cork. He broke bulk at Gravesend, and sold 7 or 8 dozen of stockings to one Mr. Blake. He went from thence to London, and ordered us to put in at Sheerness and wait his coming. We got there in 2 or 3 days; he came on board and took out a pretty many doz, of the same stockings, which he called his own, and sold there. He said it is unnecessary, as we know the design we go upon, to link any thing of value in the vessel, let us make as much money as we can. One coile of cordage was carried on shore at Queenborough, and he said to me, you being mate of the vessel must say it is a little venture of yours. I gave the receipt for the money made of it, and it was divided among us 3, Manoury, Misson and I. Manoury said on board I think the safest way to destroy the vessel, and not to endanger our lives would be to buy some pitch and tar, and get some ignorant man on board, and we will put some nastiness in the pitch pot and say some quantity of pitch near and she'll take fire, and that will recover the money the same; so there were some bought by his directions. We shipped another hand at Gravesend, one Tho Salmon , for Helping was discharged at London by Manoury's orders. When we were in the Downs Manoury ordered a vessel of strong beer to be got up, the property of a gentleman in London. There were 20 of them to be broached in the hatchway, saying it was his property, telling the innocent man the carpenter, he was a merchant bound for Cork, he passed for the owner of the greatest part of the cargoe. We went into Dover pier ; there Manoury went to an acquaintance of his, one Robt Kinshin . There was a barrel of stinking anchovies and some cheese, which he carried to him, and he shipped the 13 coils of cordage which we had on board a ship going to Wales. Moravia came to Dover to us, he had a consultation with us at 2 different houses; there his pretence was to go over to France to take the benefit of an insolvent act; the chief of his intent was to take in more ballast. We have on board 7 or 8 ton from off the wharf on the top of our cargoe, that she might surely go down; he hoped he would not do as Cowey did, who undertook to sink a ship (wherein he was before concerned,) that rose up in judgment against him, by which means he lost 5000 guilders. We had taken 7 ton of ballast before, at London, by his directions. There were some watches brought down by Misson to pawn,William Robins was by Manoury's directions, discharged, saying he was an artful cunning boy, and he might discover things if he was continued on board. There was a case brought on deck and opened by Misson and Manoury, which were snipped as cambricks on board ; (it was set in the after hatchway on the top of all, there are three hatchways to the vessel) this was carried on shore and sold to one Mr. Briant at Portsmouth ; and also a cheese was given to the gentleman by the direction of Manoury. I received part of the money; Misson and Manoury had the rest. Manoury sold all his stockings, some at Portsmouth, and some he brought to London; I saw them in his house where he lived in the upper part of Rosemary-lane. There was nothing belonging to him in the vessel but a bed, which is all he lost for his 300 l.
Q. Did you keep a journal ?
Lundin. I did.
Q. How was the wind when you went into Stokes-Bay ?
Lundin. Then we had a fair wind; Manoury said, instead of that, put it W. N. W. &c. for the gentlemen at London ( the under-writers) that sit in their white lined chambers, don't know how the wind lies at sea. He went to Portsmouth by land from Stokes-Bay two or three times ; there he left us, and said, what is the reason you don't go on board? I'll not go on board to indanger my life, for Misson must destroy her now to compleat his bills of laying, for he will have nothing to shew at Cork of any value when he comes there. The next port we were at was Cowes, where were some pieces of cambrick sent on shore and sold. Manoury got no part of that money. When the wind came fair at Cowes we proceeded to do as Manoury had directed Misson in my hearing in Stokes-Bay. If in case he would not give consent to set her on fire, said he, I believe your best method will be to take a crow and go down into the lower scuttle, (there were two good crows on board) and get the sharpest pointed and heaviest, and endeavour in the after part of the vessel to cut the double of the vessel up, and then to drive the crow plum through, so as to make many holes to let the water in, will do it as well as with an augur. When we went from Cowes we had a saint wind, and were from the Start the next morning a little to the eastward of Plymouth. Misson endeavoured to get all the people to the forecastle that he might do it. I heard him try at it, but he could not do it with the crow. Then we went into Catwater at Plymouth, pretending the ship had sprung a leak; our intent was to get an augur and gimlet to make holes in the ship. There Misson bought an inch and quarter augur, and a large gimlet which would follow it; he had it lengthened by a smith to go between the timbers, with which he bored six or seven holes; he bought two sir-mop-sticks, which he cut in pieces for plugs, that I saw him make. We were all on shore when he bored the holes in the bottom of the vessel. We hauled her on shore at Cutwater, pretending to look for a leak, for him to do it. When the wind permitted, we proceeded. We had not been many hours from Plymouth, nor above two or three leagues from shore, the wind at E. S. E. but there he pulled out the plugs, and she was not above 15 or 20 minutes before she sunk.
Q. Did you see the holes after they were bored?
Lundin. I saw the plugs in the holes, there were six or seven of them.
Q. Where was you when he pulled out the plugs ?
Lundin. I was at the helm, he pulled them out at once. The carpenter was boiling some victuals at the fire, he knew nothing of the affair; he came up and said the vessel had sprung a leak. Then we pretended to get the pumps to work. Presently up came the dogman, who was affrighted and jumped into the boat ; he endeavoured to get the casks or boxes that he had, and dogs into the boat, which he did, and they were carried safe. We also got a sail into the boat; we got to shore in our boat and went to a little village to the westward of Foy in Cornwall, from thence to Foy to make protest to a notary-publick ; then we came to Plymouth, and so to London.
Q. Was there an oath made to your protest?
Lundin. There was, but not at Foy. At London we applied to Samuel Wilson , Moravia, and Manoury. Wilson would have the protest in his own hand, on purpose to recover some cloaths that he had bought of one Mr. Whitwood, as he said, Wilson and Moravia desired it might be delivered to them. Manoury scrupled that, being jealous of them. I got a copy of it and delivered it to Misson ; then they trifled with him,
Q. Where was you together on this affair?
Lundin It was in Wilson's warehouse. Wilson, Moravia, and Manoury asked us, is the vessel sunk ? Moravia said, I hore you have not done as Cowey did. They asked us if we saw her sink, or if we were sure she sunk. Misson said, I saw her mast-head go under water, and she never will rise again, except the world turns upside down. The policy that I had was in an innocent man's hands, a friend of mine, and I had nothing to shew for it till I had a bill of sale from them; then Manoury filled up my bill of sale.
Counsel for Caroline.
Q. The only time you heard Carolina's name mentioned was about the stockings?
Lundin. It was in order to recover them.
Q. Were the persons they mentioned, before Carolina was named, honest persons?
Lundin. They were for what I know.
Q. I think he was proposed to own the stockings as being a man of a clear character, was it so?
Lundin. It was.
Q. With what intent was he to own them?
Lundin. That he might return them from whence they came.
Q. Were they returned?
Lundin. They were.
Q. Had Carolina any benefit by them?
Lundin. No, not as I know of.
Q. from Manoury's counsel. Do you know of any goods shipped on board that vessel, belonging to any person in the fleet?
Lundin. There were five boxes; they were shipped from the fleet a little before the vessel failed.
Q. What was the person's name?
Lundin. His name was Coulestock; I never saw him in my life, I only know by seeing the name wrote.
Q. Did Kendal ship any thing on board that ship?
Lundin. He had some boxes, but what was in them I never saw.
Q. Did not you receive a letter from the fleet?
Lundin. There was one signed A. B. from Mr. Badge; I have known him some time; the contents of it was wishing me a good voyage and well.
Q. Do you know of any others that shipped any thing on board?
Lundin. There was one Shirley shipped a parcel of plate on board.
Q. Did you never declare any intention you had of sinking th is ship before the first time you saw Manoury ?
Lundin. No, never in my life till I was acquainted with him.
Q. Whether or no, before you knew him, you did not persuade people to put goods on board the vessel?
Lundin. No, I never did.
Q. Did you ever declare you was to have 500 l. to give your evidence here?
Lundin. I have said to people that came to trouble me (to make them easy, and myself too in my confinement ) that I was promised 500 l. but it was all false, for I never had a promise of any thing.
Q. What was the secret at the Bell alehouse, that was there divulged ?
Lundin. Manoury said, that as the vessel was in bad repair we'll get her repaired on Wilson's credit, and held soon contrive means how to get money.
Q. What was the secret?
Lundin. It was about sinking the vessel.
Q. Was mention made of sinking her at the first meeting?
Lundin. No, it was after two or three meetings
Q. Where were you when it was first mentioned
Lundin. At the Bell in Tower-street.
Q. Do you remember there were four bales of goods brought on board that vessel?
Kepling. I do; they were marked J. S. No. 1, 2, 3, 4. There were also three boxes J. S. No. 5, 6, 7.
Q. What became of them bales?
Kepling. Three of them were delivered to one John Wilson , a waterman, to be landed again; the largest of the four was left on board. The waterman said he was going to carry the three bales to Radcliff-Cross, and that he came from the captain for them.
Q. Who used to keep the key of the hatchway?
Kepling. I mostly had that; I used to be on board alone. I remember Lundin came on board, and I was sent on shore to see for Misson, and Lundin ordered me to leave the key of the hatchway with him, which I did.
Kepling. He had, sometimes once and sometimes twice in a week.
Q When was you discharged from the ship?
Kepling. I was discharged on the third of December last.
Thomas Salmon . I served part of my time to a ship carpenter, and was shipped on board this ship the Elizabeth and Martha at Sheerness on Saturday the 20th of December; I was shipped on shore and carried on board at night; I saw only a boy there; in the morning I saw Manoury; after we were under sail he went down to Dover with us, where we took in some ballast at the Pier, the mate said there were about seven or eight tons of it, which was flung upon the goods.
Q. Did you hear Manoury give any directions about it?
Salmon. No, I did not. We got in the Downs that night. He went as far as Stokes-Bay with us; there was some cordage taken out in Dover-Pier, which was carried in a boat by Manoury's order; he said he had an order out of the custom-house. There were many coils of it carried on board a Welch sloop. There were also two horses, or small boats cables, went I believe the day before, or the same day Manoury left us at Portsmouth; I can't exactly say what day. We lay in Stokes-Bay I believe three or four days.
Q. How was the wind at going in!
Salmon. They said the wind was not fair; I am no great judge of it. Two or three days after that we failed into Limmington-Creek. Manoury was to have come to us there. Misson went on shore to look for him, but he did not come. After we had lain there a day or two there came a little fair wind, so we got our anchor up for Ireland, and just as we came by the Needles the wind blew very hard; the mate said to Misson, don't let us go out, it will be all our deaths. We sailed back again to Cowes, and from thence to Plymouth to stop a leak; she was pretty leaky ; we pumped her in Stokes-Bay, where we staid five or six days; I stopped the leak as well as I could; we came to anchor by the side of a custom-house sloop. From thence we went out to proceed on our voyage ; we pumped her when she went out of Catwater ; she made little or no water then. We had not been at sea above four or five hours before she sunk.
Q. How many leagues were you got?
Salmon. I am no judge of that. The mate said to the master, at twelve at noon, go to sleep, I'll call you at four o'clock. The mate said to me, Tom, go and look after the kettle; we had a pudding and a piece of meat boiling; I went according to his order. There was a passenger, a gentleman's servant, on board. As I was looking after the kettle I thought I heard a great crack as if it had been a breaking of a cask in the hold. Presently, Lord God, said the passenger, what is the matter? there I saw the water just in the platform of the forecastle; I jumped up to the foremast pump; said the mate, what is the matter? I replied, here is water in the forecastle ; I believe there were about four or five feet water. While we were pumping the water put the fire out; then the master said it was time to take to the boat. The gentleman's servant and Misson got their trunks into the boat. Said the master to the young man, as you have been to sea before, you know the affairs of the sea, if you don't save something that is in the vessel you'll have no wages, lend me your knife, so they cut the mainsail and took it into the vessel; we got into the boat, and in about four or five minutes we saw her go down with her crotchet-brace and jib up.
Manoury. The master and mate had some words; the master was for going back to Dover, and I hoisted a flag of distress up. I reconciled them as well as I could.
Q. Do you remember any cordage carried on shore, and where?
Roberts. There were 12 or 13 coils carried on shore at Dover; there we took in some more ballast, which was put on the top of the casks.
Q. Where was you discharged?
Roberts. I was discharged at Portsmouth.
Q. How came you to be discharged then?
Roberts. Because they thought I would blow them.
Q. Did you hear them say so?
Roberts. Yes, I did.
John Whitehead . I am a factor for the west-country clothiers ; I had some dealings with Moravia in September last, for 26 or 27 pieces of cloth, value upwards of 300 l. with which I made him a bill of parcels. [He is shewn a bill of parcels, and says it is the same he gave Manoury; it is his partner's writing.] After he had satisfied him for them, my servant delivered them to the packer.
Q. Where is your servant?
Whitehead. He is not here.
Q. Have you seen any of the pieces of cloth since ?
Joseph Lewis . I am a packer; I received 27 pieces of cloth of Mr. Whitehead; I was to measure them over between Mr. Whitehead and Manoury, then to put them in the press and pack them. I did 26 of them, there were 30 in all; there were eight in two packs, and ten in another, and four Yorkshires. I packed up 26, one went to Manoury's house.
Q. How were they marked?
Whitehead. They were marked J. S. in four several bales; they came and put the numbers on them the day they were shipped, and fetched them away in a cart. Mr. Moravia's clerk (Carolina) came and paid the carman, then went away, and said he should be at the water-side as soon as the carman was.
Joseph Littlepear . I know Moravia; I sold him some hardware, watches, and snuff-boxes, in October last for 250 l. [He produces the bill of parcels.] The goods were packed up in three boxes; I don't remember the marks now, but I think they were J. S. my man marked them, and I think the numbers on them were 5, 6, and 7. There were also other boxes packed up in these boxes, and an old repeating-watch along with them; I think there was a little parcel which he called Bezoar-stone, packed up also in those boxes. The boxes were sent down to the Key according to the order of Moravia, I think to the goldsmiths porters. Moravia applied to me after the ship was lost to make an affidavit of the sale of these goods; I did so before Sir Joseph Hankey .
Q. Do you know the porter's name, or waterman's, that carried them?
Littlepear. No, I don't know.
John Warthin . I am a waterman; I carry goods on board ships for merchants; I carried goods on Mr. Wilson's account on board the Elizabeth and Martha about eight or nine months ago, I think there were four bales at one time and three boxes at another, they were all marked J. S. I think the numbers run from one to seven; one of my people carried them on board; I saw them go off in the boat. Mr. Moravia came a little time after the vessel was lost and desired to know the charges, asking me if I did not do so and so; he desired I'd make the bill in his name. He shewed me two or three affidavits from the people he bought them on, and desired I'd make an affidavit of carrying them on board, which I did before the late lord mayor.
Benjamin Baston . I am a waterman; I remember shipping 33 barrels of snuff on board the Elizabeth and Martha, captain Misson, for Gibraltar and Cork, at the custom-house key. I was since requested by Moravia to make affidavit of it, which I did. My servant carried the goods on shore, and I had a receipt of Moravia.
Q. When did you make the affidavit?
Baston. I can't justly say when it was, it was in order for him to receive the insurance money, as appeared by the affidavit. The goods were set down in Moravia's and Wilson's names. Moravia gave me three shillings, and Wilson gave me a guinea.
George Stannerd . There were 23 parcels of cordage of mine put on board the vessel by Manoury's order; he gave me a note to go to Wilson, who under wrote the bill; but he dying before it became due, I lost all my money. I told Manoury they were worth 70 l. as they lay, and he said he could fetch me a hundred pounds for them.
Q. How long have you known Manoury?
Stannerd. Only from the time the ship was upon Mr. Horne's Ways. Lundin got me acquainted with him.
John Wheeler . I am a merchant; I remember about November or December this ship (the Elizabeth and Martha) was put up at the Exchange as a general ship to carry general goods and passengers; I believe she had been up in October, November, and December. I sent twelve chests of tea on my own account on board this ship, to be carried to Cork, which I had bought at the East-India sale, and cost me 280 l. which money I have recovered.
John Wilson . I am a waterman; I remember in the month of December last I took out of the Elizabeth and Martha three bales of goods; they appeared to be linen or woolen, but I could not discover which.
Q. Were there any marks on them?
Wilson. There were, I remember it was about three o'clock in an afternoon; I carried them down to Radcliff-Cross to captain Misson and four other men, who received them of me.
Willers Brooksby. I am a waterman; I remember in December last, about six o'clock in the evening, there were nine or ten small parcels handed out of the Elizabeth and Martha into my boat, which I carried to Tower-Wharf. Captain Misson took two, and I the other, and carried them to Wilson's in Tower-street. Wilson's man came down with captain Misson, took the remainder out, and carried them up to the others.
Thomas Taylor . I was servant to Mr. Wilson in Dec. last, I remember 3 boxes, they were corded, being brought to his house by two watermen about the 20th of Nov. last, about 9 in the evening; they were numbered 5, 6, and 7, with J. S. Manoury and Lundin came along with them
Q. Did you see them opened?
Taylor. No, I never did.
Q. Do you remember their being taken from thence?
Taylor. I do. About a week or ten days after Moravia desired me to call a coach. I went down to the Tower and called one, Moravia bargained with the coachman to carry them to Gerrard street. I saw Moravia have a paper in his hand with the direction, but I did not see the gentleman's name where they were to go. I helped to put them in the coach. There were 3 empty ones brought in their room the same evening that the 3 full ones came. Lundin desired me to get them, which I did, of the same size as the 2 big ones; Lundin told me he'd make me a present of half a crown (Manoury being much in liquor he agreed to it ) if I'd put in some dirt and stones. When I had filled them Lundin took one and carried it a little way, he took up some dirt to rub over them to make them as dirty as the others were. Manoury paid me the money at the alehouse for filling them.
Q. How were the 3 boxes marked ?
Taylor. With the same letters and figures as the others were, J. S. 5, 6, and 7, and tied up as the others. Then Lundin desired me to get 2 porters, but I could not, so I carried one and my fellow-servant another; Lundin and Manoury went with us, we put them into the boat, and my fellow-servant went and fetched the other, while I was sitting by the water side. The waterman asked him where he was to go with them, he ordered him to put off, but gave him no directions before he went from us. Manoury and Lundin went in a boat with him, and Manoury said he'd take care and deliver them.
Q. Did you ever see Manoury, Lundin, and Moravia at Wilson's ?
Taylor. I have at different times. I have seen Manoury, Moravia, Lundin, and Wilson at the Bell together.
Q. Did you ever see Carolina there?
Taylor. No, I never did. I have seen him come into Wilson's shop, and make his obeisance. He was an acquaintance of Moravia's.
Q. Did not you take notice of these boxes being filled by their order to any body?
Taylor. I mentioned it to my master Wilson that evening, but he gave me no answer.
John Sherrard . I live in Gerard-street St. Ann's, I keep a publick office, and lend money upon goods for the loan of money. The 28th of Nov, Moravia borrowed 150 l. of me. He left with me at that time 16 watches and some hard-ware, contained in 3 boxes, No 1, 2, and 3. These I marked myself.
Q What letters were there?
Sherrard. The letters were scraped off. On the 5th of Dec. 51 he had 200 l. on 30 pieces of cloth, they were brought, I think, in 3 bales, but they were taken out in order for conveniency of carrying them up into my ware room. Two of the bales came first, and the other he brought either in a cart or coach himself.
Q. Were the bales marked!
Sherrard. They were, but with what I cannot say. I have some pieces of the cloth here. I thought it would answer the end as well as to bring a large bundle. The bells of parcel, are shewn him.
Q. Were these bills given to you when these goods were pledged?
Sherrard. They were. It was from Messieurs Lane and Lewis, I never transact any thing in my office without bills of sale. He points to a gentleman and says, that is the gentleman to whom the 30 pieces of cloth did belong. He looks at the bill of parcels, under the hand Littlepear and Co. This is the bill of parcels I took of Moravia.
Q. How much is it for?
Sherrard. It is for 250 l. 12 s. 3 d.
Q. to Littlepear. Do you know any thing of this affair ?
Littlepear. Moravia told me and Mr. Whitehead that he had pawned the goods to Mr. Sherrard, and if we would advance him a sum of money, he'd give us an order to receive them upon paying the money that was advanced upon them.
Q. When did he tell you this?
Littlepear. This he told me since he has been in Newgate.
Q. to Mr. Whitehead. You have heard what Mr. Littlepear has now said, did he make the same proposal to you?
Whitehead. He said he had 150 l. upon the goods, and if we would advance the money we might have them again.
Q. from Moravia. Did I not say Mr. Wilson received the money from me after I had pawned the goods ?
Whitehead. He said something about Mr. Wilson accusing him of something, but I don't know what.
Q. Where was this?
Whitehead. It was in Newgate after Moravia had demanded the insurance money as his own goods from the under writer.
Thomas Greenwood . I live at the Bell in Tower street, Manoury, Lundin, and Misson were at my house daily, Moravia was very seldom there. He is shewn the paper, the charter party.
Q. Do you know whose writing this is, and the subscribing witness to it?
Greenwood. I do, it is my writing as a witness to it; I saw it executed. He is shewn a parchment, and says it was signed by him up stairs.
William Johnson . I belong to the East India house, I remember one time I discounted a note for Lundin of 50 l. drawn by John Misson upon Samuel Wilson , dated the 20th of Aug. 51. payable, to the best of my knowledge, to James Lundin ; here is Lundin's receipt, he produces one. This note was paid me by Wilson in Tower street afterwards.
John Nicholson . I discounted a note for Lundin for 50 l. He brought it me about 4 or 5 days after the date of it; it was drawn upon Wilson in favour of Lundin for 50 l. for val. received ; this was never paid. I paid another drawn by Misson in favour of Lundin upon Wilson for 50 l. Wilson paid that.
Samuel Hucks . I discounted a note for Lundin for 55 l. [He produced it, dated Oct. 30, 51. drawn by John Misson upon Samuel Wilson , payable to Lundin] that I discounted but never had my money, nor never shall.
Peter la Force. I am clerk to messieurs Gadin and Gyon, they are policy brokers (he holds two papers in his hands) These are two orders I apprehend left by Manoury. Carolina came Nov. 25. and left an order for 400 l. for insurance on goods. He said it was to be made in the name of Solomon Carolina , on the Elizabeth and Martha, and that he would pay for the policies, The police was made out and executed Dec. 25. (he is shewn a police made out by Samuel Touchet .)
Q. Whose writing is this?
La Force. The body of the police is my own writing. It was to be left at Mr. Wilson's, there the premium was paid, it is for 150 l. upon a ship called the Elizabeth and Martha sloop of London to Gibraltar, and has the liberty to touch at Cork. (The first account is of London, the others are at and of London, with liberty to touch at Cork.) He looks at another.
Mr. Eastland. He is shewn a police.
Mr. Stephen Gyon . I keep an insurance office and am a Police broker (he produces a police.) This was brought by Carolina. We commonly go to Change about 12 o'clock. When I returned I saw an order for 400 l. for Solomon Carolina, I asked who this Carolina was, said my clerk he is recommended by Manoury, he desired it might be done upon the Eliz and Martha, and the police may be sent to Mr. Wilson's, a grocer in Tower street; accordingly it was executed, and I believe it was paid there the 29th of Nov. After the loss Mr. Moravia came into my compting house and demanded satisfaction for a loss. I said he was mistaken, for I never would have transacted any business for him. Yes Sir, said he, you have done business for me, and introduced the police signed Carolina. I asked him why he sent Carolina, &c. he said he did it in order to cover some debts he owned, and added he was an honest man; finding he was at the bottom of this transaction, gave me some suspicion. Then I asked him where the bills of lading and invoyces were, and bills of parcels, of whom bought and affidavits to them. He procured every thing, and said it was very fair that gentlemen should see before they paid their money. We put it off from time to time till we had a general meeting at Lloyd's Coffee house. He brought vouchers and papers, in order to clear his loss, pretending, that these goods had been all lost, and affidavits that they were all sunk with the ship, one from the captain that there was nothing taken out of her. I put the initial letters of my name to all the bills of parcels he produced. After a time we got intelligence of these goods being pawned as has been mentioned here.
Q. to Littlepear. Look at this bill of parcels, do you know it ?
Littlepear. This is the bill of parcels that I delivered to Mr. Moravia, when I sold the goods. It was the same bill which was lodged with the goods when pawned, and had the initial letters on it of Mr. Gyon, marked by him, &c.
(There were evidences in court which were called to prove the box of stockings, and sawdust which was stopped at the custom-house, was claimed there by Carolina, as his own property. But Carolina admitted it to be truth so they were not called.) There was an affidavit of Carolina's, that he
At another time, seven barrels, and a receipt for 268 l. 1 s. Sworn the 28th of May at Guildhall before alderman Asgill; and a receipt at the same time for 150 l. of rhubarb; in linen and woollen cloth 50 l. and 68 l. in cash 1 s.
Q. Who wrote the body of it?
Lundin. Manoury did.
It is read to this purport:
Feb. 4, 1752.
I do hereby acknowledge to be fully satisfied for four lots amounting to 205 l. drawn by John Misson , to the order of James Lundin , on me Samuel Wilson, which notes I promise to deliver up to him upon demand, and likewise all tradesmen's bills from me to the Elizabeth and Martha; and do hereby promise to indemnify the said James Lundin for all draughts, excepting the policy for 80 l. in case it should not be recovered of the insurers.
I never paid a halfpenny in my life to the man. I know nothing about a conspiracy. I owe several hundred pounds to Wilson. I was forced to do as he commanded me. He ordered the goods to be brought on shore, and lent me notes to buy these goods on them.
Abraham Carcennea . I delivered 22 barrels of snuff at the custom-house to be sent on board the Elizabeth and Martha, which belonged to Moses Moravia , about nine months ago. When I delivered them I took two samples out of every one of the barrels, separately.
Thomas Coppinger . I saw some snuff in Mr. Wilson's warehouse, but cannot say it went on board. They were left by Moravia's order. I don't know whether they were to go by the Elizabeth and Martha or not.
[he knew any thing of the in Wilson's ware-house that were filed with brickbees, he said he remembered them, and that the snuff and they were not carried away together].
I acted as broker for Wilson. If there was any conspiracy I had no hand in it; if it was anywhere, it was with Lundin, Misson, and Moravia. I had no power over the ship or the master. I found they were robbing the cargoe, so I came away from them, fearing my life. I had no hand in it, nor any profit in any shape. [He produced a receipt that Wilson gave him for three boxes, and the name on the back of it]
Manoury. I desire Mr. Godin may be examined to my character.
Peter Godin . I knew Manoury, I believe, above 30 years ago, he had then a good character; I know little of his character now; I have seen him, but have known but little of him of late, nor do I desire to know him.
Q. from Manoury to Brooksby. Give an account to the court what you know about my going down with this vessel.
Brooksby. I saw Mr. Newman at the ship at the Hermitage; he said he was to attend a trial, so could not go to pilot the vessel down; but Manoury went in his stead.
Samuel Newman . I was spoke to, to go pilot of the vessel the Elizabeth and Martha into the Downs; but I having a ship to go into Dunkirk was forced to relinquish it; I don't know who went in my room.
Q. Does he deal very largely?
Argons. I don't know that he does.
Daniel Peires . I gave Carolina notice there was a warrant against him on the 5th of August, and that Moravia was taken up that day; I told him to keep out of the way, searing (he being Mr. Moravia's broker) there should be any thing against him; he said he had done nothing that he was afraid of; he has not kept out of the way.
Zac. Levi. I have known Carolina a great many years; he has worked for me at my house, and I have given him work home with him; he has always been honest to me, and never heard but that he is honest.
Carolina, Acquitted .
386. (M.) Henry Dillers , was indicted for that he on the 12th of April, in the 19th year of our present majesty, did marry Anne Jones , and after that, to wit, on the 22d of June, in the 21st year, &c . did marry Elizabeth Higgins , spinster , his former wife being then living, and in full life . *
Elizabeth Higgins. I was married to the prisoner at May-Fair chapel the 22d of June, four years ago.
Prisoner. I did marry her then.
Samuel Waters . I was present when this prisoner was examined before the justice; he there confessed he had another wife living in the country; that her name was Anne Jones; and that he was married to her before he was to Elizabeth Higgins .
Q. When did you hear this confession ?
Waters. It was about three weeks ago; the confession was taken in writing; his first wife is in court now. [She not being an evidence in law, could not be examined.]
Q. Was the confession made voluntary and free?
Waters. It was, and I saw him make his mark to it. It was read in court to this purport:
That about eight years ago he married one Anne Jones at Farringdon in Dorsetshire, and believes she is now living; and about four years ago he was married to Elizabeth Higgins , by whom he had two children, (Sarah and Jane) now living in the parish of Lambeth, who were lately passed from that parish to St. George's parish, Hanover-Square.
The first was only a company-keeper; I was not married to her. Guilty .
387. (M.) John Bridgeman , was indicted for stealing one cloth coat, value 20 s. one cloth waistcoat, 1 s. one pair of cloth breeches, two dimitty waistcoats, three pair of stockings , the goods of Robert Chaffery , May 28 . ++ Guilty .
Edward Stafford . My brother seat the things mentioned in the indictment for me by the carrier's waggon from Gloucestershire, to the Saracen's-Head on Snow-Hill; I went there and saw the box; I left a direction for it to be carried to York Buildings for me, but I never received it.
Q. How do you know what was in it?
Stafford. I only know by a letter which I received from my brother.
John Kirby . The waggon comes from Stratford-upon-Avon. Mr. Stafford came to inquire for the box and produced a letter; I shewed him the box, it was almost a yard long, and directed to him; I employed Holmes as a porter to carry it where he lives, having a pretty deal of business at that time to do myself.
Nathaniel Holmes . I am a ticket porter; I was trusted to carry the box; the 12th instant I set out from Snow-Hill about nine o'clock; there was the name Stafford on the bottom of it, directed to the Three Balls in Buckingham-street for him. I went to Tottenham-Court-Road with another parcel; coming with that box along Monmouth-street, so down Drury lane, then into Russel-Court, across Covent Garden, I had the box on my knot; I asked for Buckingham-street; a man passed by me with white stockings on and said, this is the street, pointing to King-street, as I know since.
Q. What time was this?
Holmes. It was then about a quarter after ten o'clock; then I asked for Mr. Stafford's; the man said, that is the gentleman's house, and that is his servant standing at the door; I went up to the house, it was the prisoner that stood in the passage at the door; said he, d - n it, where have you been all this while? are you not come from the Saracen's-Head on
Q. from the prisoner. Was you not much in liquor?
Holmes. No, I was not, I was sober.
Q. Had he the same cloaths on when you saw him the last time as he had before?
Holmes. He had, my lord.
As to the charge against me, I am intirely innocent. As I was coming home to my lodgings I saw a mob of people and the porter amongst them; so I went up and asked him what was the matter? he said he had lost a box, and that he had left it with a footman on the bulk while he went to the gentleman, which was gone when he came back; there were several people laughing at him, telling him he was a drunken fellow. He charged seveveral others with it; I blamed him for his ignorance ; then he seized and charged me.
For the Prisoner.
- Holloway. I am a watchman in King-street Covent-Garden; I took the prisoner to the watch-house.
Q. Was the evidence (Holmes) fuddled or sober ?
Holloway. He was in liquor very much. When I first saw him he was standing against the wall without the box; he said, watchman, they have stole a long box from me; I went half the length of the street and came back again; then he said a man had told him he was a gentleman's servant that owned the box; the prisoner was going into his own lodgings. The evidence said he delivered it to a man dressed in livery and white stockings; as the prisoner was going into his own door he said, this is the man. I never saw the prisoner before.
John West . I live in that street; as I was going home the prosecutor was making a noise about a box; I said to him, what is the matter, friend? he answered, the man that took the box away was dressed in footman's cloaths, and had white stockings on; said I, where was you directed to? he said to Buckingham-street; I told him, this is King street, so he was going to fight with me; then I thought he was drunk. When we were before the justice on the second examination, the justice ordered me and the prisoner to change cloaths, we did, and I was brought up instead of the prisoner; the justice asked him if I was the man; he swore to me twice. When he found he was mistaken, he then swore to the buckles in my shoes.
Q. What business are you?
West. My father is a perukemaker.
Holmes. Justice Fielding's clerk can tell to the contrary of what this evidence has said; I did not say he was the man.
389. (M.) William Clark , was indicted for stealing two shalloon waistcoats, value five shillings, four pounds weight of twist, 200 dozen of buttons, three dozen of silk fringes for a coat, one hundred dozen of thread waistcoat buttons, one towel, one silk handkerchief , the goods of William Dawson , May 20 . +
The prisoner had been servant to the prosecutor about ten months; he had missed goods for about eight months out of his store-room; he suspected nobody but the prisoner, and went round to the shops; at last he saw a card of buttons he knew to be his own at the shop of John Craymer in Shoemaker-row, so he went in and asked for such other things that he had lost; whereupon Craymer produced a large quantity of goods of divers forts as mentioned in the indictment, which the prosecutor deposed to be his property. (Produced in court.) Craymer deposed, he bought them at several times of the prisoner at the bar.
Maria Newman , spinster , was indicted for stealing one gold ring set with a stone, val. 10s. 10 guineas in gold, and 4 s. 6 d. in money, numbered, the goods and money of Henry Jenkins , in the dwelling house of Ann Cale , widow, June 16 ||
Henry Jenkins . I met with the prisoner on the outside of Temple bar. June 15, as I was going to my lodgings; I had seen her before. She said she could bring me to a place where she was acquainted. I went with her to the house of Ann Cale , the Salutation within Temple bar . I called for an 18 penny worth of negus or punch, I know not which. I was a little in liquor. I agreed for a bed, and paid 2 shillings for it; we had two pints of wine afterwards; after which I took the key of the waiter and locked myself and her in, and put the key in my fob and went to bed with her. When I awaked, which was between four and five o'clock. I looked about and saw my breeches on the floor, the prisoner was gone; I stretched out my hand for my breeches, then I missed my ring off my finger, it was a gold one with a stone in it. I searched my breeches and found nothing but two farthings left.
Q. What had you before?
Jenkins. I had ten guineas and a half in gold when I went with her, but I had changed the half guinea to pay my landlord. I had then ten guineas in my fob, and the key of the door upon them when I went to bed.
John Hill. The prosecutor and prisoner came into the Salutation tavern near Temple bar (I am a waiter there) they called for a room a little before twelve at night the fifteenth of June, I shewed them one, there was a bed in it; they called for liquor, I carried it them; they had 1 s. 6 d. in punch, and two pints of wine, he paid me for that and the bed, in all 5 s. 6 d. and giving me half a guinea I carried it to my mistress to change, and returned him five shillings out of it. In the morning he called me up a little before six o'clock, and told me he had lost ten guineas in gold, and 4 s. 6 d. in silver, and three gold rings. We went in search of her, and looked in every room about the house, but could not find her. We have a pair of folding doors, which go into a yard; these I fastened before I went to bed, and found them open when I was called up in the morning, as I did likewise the inner door, and there were marks on the wall about six feet high, where she had got over; it goes into Sheer lane. We found her in Peter's street near Saffron hill. After we found her, and I had charged her with taking three rings from the prosecutor he then recollected but one. She confessed before justice Fielding she took the ring and 4 s. 6 d. in silver, but denied that she either saw or knew of any guineas.
Q. Is the Salutation in London or Middlesex?
Hill. The front is in London, but that room where they lay is in Middlesex.
The man met me on the other side Temple bar, and asked me if I would go with him, I said I did not chuse it; he said I should go to the Salutation Tavern ; we went and had a negus, and two pints of wine. He gave me the ring and 4 s. 6 d. before we went to bed. I saw no gold about him. Guilty of stealing, but not in the dwelling house .
391, 392. Jacob Stone and George Anderson were indicted, for that they, together with Mary Dine , since dead, did forge a will, purporting it to be the last will and testament of William Stone , his brother, with an intent to defraud Jacob Stone his father , and for publishing the same knowing it to be forged , Feb. 3 .
No evidence appearing they were both acquitted .
394. (L.) William Robertson was indicted for stealing 16 pair of leather shoes, six pair of leather clogs, 9 lasts, one cutting board, one pair of spectacles , the goods of Henry Speller , May 29 . ++
Henry Speller . I am a cobler and live in Turnagain lane near Snow Hill, I went home the 28th of May, and left my door fast. When I went there about nine the next morning I found the door open and all my goods and tools gone, 16 pair of old shoes, 6 pair of leather cloggs, nine lasts, even so much as my spectacles, strap, and a bit of leather I have to put round my hand to do hard work with, and my cutting board. In the afternoon a young man came and told me the things were at the constable's; I went, and there I found them. Produced in court and deposed to.
Miles Beck , I am a watchman, about a quarter after three in the morning, on the 29th of May, I took the prisoner with these things upon him in a sack, in Hoster Lane, near Smithfield, he had a woman with him with a cutting board under her arm. I asked him what he had got there, he gave me a surly answer, so I took him to the watch-house.
I bought these things in Rag fair of a woman.
Mary Kemp . I am laundress to the prosecutor, his chambers are in Bernard's Inn . The prisoner had lived at the porter's lodge about three years ago, so she knew these chambers. About the latter end of May, I can't tell the exact time, when I went to clean the rooms, I used to leave the door open, it was usual for me to go down to empty a bason for the space of two or three minutes. The first that was missed was the cloth coat, waistcoat and breeches. Last Monday I lost a flannel and duffil coat and waistcoat. The prisoner was seen to go out on Monday. On Thursday I went up again about three o'clock and found her; she had hid herself in an empty chamber above ours. I sent for a constable, she then confessed that she had gone up into that chamber, and when I went down to empty the bason, has slid down to my master's chamber, and took these things up to the room where I found her, and when I had locked the door and gone down she then has come down and carried the things away; and that she sold the first things in Rosemary lane. Mrs. Dean stopped the second parcel when she came with it. I went and found the clothes. The goods produced in court by Mary Dean, and deposed to by the prosecutor.
Mary Dean deposed, she bought one coat of the prisoner above a month ago, and she came again, and after that she came again with a duffil coat and waistcoat; she scrupled how she came by them, upon which the prisoner went to fetch somebody to say she was an honest woman but she never returned, so she advertized the clothes, and the prosecutor came and owned them. Guilty .
Charles Norris . The prisoner brought me a note of hand for 10 l. It was drawn by Francis Norris , and accepted by Edward Wilson and Co. He owed me three guineas, I paid him the whole 10 l. and he gave me the three guineas afterwards.
It is read to this purport.
The Evidence continues. There is his own hand writing on the back of it, because it was not due, so he endorsed it.
Prisoner. The bill is not mine, neither was it ever my property.
Norris. He told me if I would discount the money he'd pay me the 3 guineas, which he owed me. I had not so much money in the house. A gentleman that lodged in my house laid down the money for me and I paid it.
James Wilson . The acceptance of that bill is forged, my brother Edward Wilson was in partnership with me, he died ten months and nine days before the acceptance of that bill; my brother died the 21st of March, 50. 51.
Wilson. I do, but don't believe it is his writing upon this, but it is a good deal like it. I have often seen him write, this is as near the resemblance of his writing as ever I saw.
Q. Have you any other reason to say it is a forgery on your brother, besides its being done after his death?
Wilson. The letter d is not like his writing.
Q. Supposing your brother had been living, would you have taken it for your brother's handwriting?
Wilson. No, I should not.
John Calverly . I am servant to Mr. Wilson, and was to both, when Edward was living. About the middle of Feb. last, a servant to one Mr. Milbourne, a cheesemonger that lives about six doors from my master's, came with a bill for 10 l. dated Jan 25, 1752, signed Francis Norris , directed to Edward Wilson and Co. and accepted Jan. 30, by Edward Wilson ; he desired to know if it was a good one, I told him if the drawing was good the acceptance was not, for Mr. Edward Wilson died the 21st of March, 50-51. I said I'd go along with him to the person that he said owned the bill, which he said was at his shop, I went and there was Mr. Charles Norris ; I asked him if that bill was his property, he said it was. He had it of a cousin of his, one Joseph Joyce , and that he discounted it the night before.
I know nothing of this bill, it is possible somebody else might have done it in my name, I am intirely innocent, and I hope your lordship and the Jury will believe the same, when you hear my character.
To his Character.
Q. Have you known him lately?
Briggs. I have hardly seen him since.
Q. What is his general character?
Woolham. I know nothing at all of that.
Q. What is his general character?
Feather. I have seen him but once these two years, I know nothing of his character.
Guilty Death .
The principal evidence for the prosecution deposed, this very note was proved a true note on a trial at Exeter. The prisoner had several people of credit who gave him a good character, and was honourably acquitted .
398. (M.) Martha wife of James Bush , Elizabeth Bush , otherwise Elizabeth Battey and Margaret the wife of Thomas Bush , were indicted; the first for privately stealing seven pair of silk stockings, value 50 s. the goods of Henry Lunn , in the shop of the said Henry , June 17 ; and the second for receiving one pair of the said stockings knowing them to have been stolen ; and the third for receiving one pair of the said stockings, knowing them to have been stolen . ++
Henry Lunn . I live in Bishopsgate-street , and am a hosier . On Wednesday the 17th of this instant I lost seven pair of white silk stockings, out of my shop; I had been out for about half an hour, and about two o'clock, when I returned, I missed them. I enquired for them. My wife described a woman and a girl that had been in the shop so well, that I thought I could find them; I went to Billingsgate, and from thence to Rag-Fair, and applied to all the pawn-brokers I could think think of; the next day a pawn-broker from Hounsditch sent for me, there I found one pair of stockings and Margaret Bush. I sent for a constable and took her into custody, and had her before my lord mayor ; I knew she was neither of the persons that my wife described, so I let her go about her business, and sent my girl to see-which way she went, she followed her and returned and said she saw her over the bridge, and go into Ax and Bottle-yard in the Borough. I went over and sat in a publick house over-against that house, where she went into, but could not meet with her; the next morning. I went again and got intelligence where to find Sarah Stear ; and the next morning I took the three prisoners, the evidence Stear, old and young Bush, and the two husbands in King-street.
Q. Did you find any more of your stockings?
Lunn. No, I did not.
Mary Henrietta Lunn . I am wife to the prosecutor; on the 17th instant Martha Bush and a girl with her, came into my shop for a pair of men's worsted stockings; I shewed her a pair, and told her the price was 2 s. 6 d. she bid me 2 s. after that she bid me a halfpenny more; I bated a penny; she went out of the shop. After that my husband came in and asked for these stockings, and they were gone; there had been nobody there in the time but those two persons.
Q. Where did they lie?
M. Lunn. They lay in the window, and when I came into the shop to her she was just near them.
Q. from the prisoner. How was I dressed?
M. Lunn. The prisoner had a brown gown on, and a hat and cloak.
Q. How long was she in the shop?
Q. When did you see the prisoner again ?
M. Lunn. I saw her on the Tuesday following.
James Brooks . I live in Hounds ditch, and am servant to a pawnbroker there. Martha Bush brought me these stockings ( holding a pair in his hand) the 18th of this month; I stopped her and them too; she told me she brought them from a prisoner in the King's-Bench.
Sarah Stear . I am 16 years of age ; I lived with all the prisoners on the other side the water; the two sisters and James Bush now live together in White-street; the father and mother in Kent-street Surry. One day Elizabeth said to Martha and me, in the presence of her husband, there is a great hosier's shop facing Great St. Helen's; there is a great number of stockings by the side of the door; then Martha agreed to go; about ten in the morning we 3 set out. I don't know the day of the month, it was on a Wednesday ; we lost Elizabeth before we got there, but Martha and I went to the shop; she said to me I should stay at the door; she went in and asked for a pair of men's stockings; there was a little girl in the shop, who went up stairs to call the gentlewoman, in which time Martha Bush took up these seven pair of silk stockings from off the compter near the window, and put them under her cloak, and kept them under her arm till she came out; after which she went into an alehouse at the end of Bishopsgate-street and called for a pint of beer; then she said, I have got some stockings, and took them from under her cloak, they were all tied together, and the feet of them were dirty; she untied them and said they would fetch us two or three guineas; then she said, we'll go and look for Bett; she tied them all round her under her gown to her petticoat-strings, and coming along Fenchurch-street we met Elizabeth, and told her of them; then we went home to White-street, there was James Bush , to whom she shewed them; he said we must keep them for fear they should be advertised; she met her father and told him of them, who came to see them, and said, keep them up, I and your husband will go and see if they are advertised ; we found for two or three days they were not advertised; said James, give the girl something for her own part; said Martha, suppose they should be advertised and stopped, I shall not get my money again; then she gave me 1 s. 6 d. I went out and bought this old gown that I have got on. The next day the father and mother came; said the mother, I know a good many gentlemen in the city that will buy them; she took two pair to sell. Margaret, Elizabeth, and James came on this side the water to see if they could sell them; they brought them home again ; the next day the father came; they agreed to give the father and brother something to sell them all together in the city Margaret brought one pair home again. Thomas and James Bush brought eleven shillings and gave to Martha in Newington Road, which they had sold some for. Martha and Elizabeth divided it ; then Martha went to skittles and spent every farthing of it. They gave me nine-pence, I was to have had a shilling, but I owed them three-pence.
Anne Wooltey I saw a pair of old silk stockings upon Elizabeth Bush , who offered to sell them in Fishmonger-alley last Thursday was a week. She sold them to a woman that buys and sells in Rag-Fair, I had them in my hand.
That day that he says he lost the stockings I was out with a dozen and half of colliflowers; I met that girl, she said she had got a parcel of stockings; said I, did you come honestly by them? said she, will you take them and see if you can pawn them; I went to the gentleman's shop, who asked me how I came by the stockings; I said I had them of a girl by the King's-Bench. They carried me before my lord mayor; they asked me where the girl lived; I said I believed I could find her, but could not that night.
Martha guilty 4 s. 6 d .
Elizabeth and Margaret guilty .
For a misdemeanour.
The following condemned in January and February Sessions, were executed on Monday Mar. 23.
for a street robbery.
The following condemned in April Sessions, were executed on Monday the 27th of the same month.
for a burglary.
John Salisbury , condemned the same Sessions for robbing the turnpike man on Smallberry Green, was executed on Wednesday the 29th of April on the said Green, and afterwards hung in chains on Hounslow Heath .
The two following prisoners condemned in May Sessions, were executed on Monday the 1st of June.
Thomas Wilford , condemned this Sessions (being the 1st in the Mayoralty of Robert Alsop , Esq; and the 6th for the year 52) for the wilful murder of Sarah his wife, was executed on Thursday the 2d of this instant, 48 hours after his receiving sentence; pursuant to a late act of parliament relating to murderers, and his body delivered to Surgeons Hall to be anatomized.
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death, 12:
Thomas Wilford , Joseph Joyce , George Gibbons , William Signal , William Ward , James Holt , Pene de Bree, Daniel Maequin , Richard Winrow , otherwise Winree, William Belcher , Jonathan Burgen , Richard Lane.
Sentence respited, 1.
Transportation for 14 years 2.
Transported for 7 years, 21.
Thomas Wright , Joseph Smith , Joseph Barnet , William Robinson , Mary Bewley , Martha Bush , Michael Notre , William Jennings , Ezekiel Barnes , James Keeling , otherwise Slam, John Seagoe , Anne Burt , Thomas Sheffield, Philip Edgerton, otherwiseRobert Colder , Maria Newman , Philippia Allen, Henry Child .
Moses Moravia and John Manoury to be imprisoned in his majesty's gaol of Newgate for one year; each to stand in the pillory twice, once at Tower-Hill and once at the Royal Exchange; That each pay a fine of 20 l. and each gave security for their good behaviour for five years from the end of their imprisonment; then to be bound in a bond of 200 l. and their sureties in 100 l. each.
Trials at Law taken in short-hand by T. Gurney, Writer of these Proceedings, and Author of Brachygraphy, or Short-hand made easy, the 2d Edition, price bound 8 s. To be had of the booksellers in Town and Country.