In the 26th Year of His MAJESTY's Reign, BEING THE Second SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1753.
King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.
BEFORE the Right Honourable Sir CRISP GASCOYNE, Knt. Lord-Mayor of the City of London, the Right Hon. Lord Chief BARON PARKER*, the Honourable Sir MICHAEL FOSTER , Knt. +, the Honourable Sir THOMAS BURCH , Knt. ||, Sir RICHARD ADAMS , Knt. ++ Recorder, and others of His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
N. B. * + || ++ direct to the Judge before whom the Prisoner was tried. L. M. by which Jury.
Q. What is your business?
E. Bedham. I work regimental work: when I came to tie up my work I missed a shirt: I challenged her with taking it, but she denied it, I fetched a warrant and took her up; then she own'd she had pawn'd it for 2 s. I went to the pawnbroker's, where she said she had pawn'd it; whose name was Johnson, near St. Ann's church, and there I found it pawn'd in the name of Elizabeth Fuller .
Q. Whose shirt is it?
Q. Where was this confession made?
E. Bedham. In the Justice's house.
Q. Where is the shirt ?
E. Bedham. The constable has got that, he is not here, nor the pawnbroker neither.
I know nothing of the shirt.
Samuel Glegg . Seven o'clock on Friday night last, at the end of Field-lane, near Holborn , I over took the prisoner and a little boy; I thought I felt something in my pocket, I looked back and saw him throw my handkerchief to the boy behind him; the boy caught it but let it fall into the kennel ; I seiz'd the prisoner and took up the handkerchief. (Produc'd in court and deposed to.)
I was just coming home from work, there were several people by when the prosecutor took hold on me, and hawl'd me away, and said I had picked his pocket of his handkerchief; I never saw his handkerchief.
Eleanor Ball . The prisoner own'd to me before she was brought to Guild-hall, and there too, that she took my pair of stays out of my drawer, and pawn'd them for 3 s. at the three blue-balls in Golden-lane, the man's name is Pain, I had the house search'd; but could not find them, and the man would not own they were there.
Q. Have you ever had them again?
E. Ball. No, my lord.
John Holsworth . I am Mrs. Ball's landlord, I heard the prisoner own she had stole the stays, and had pawn'd them with Pain in Golden lane; I went there first by the prisoner's directions, and she denied them and desired us to bring the prisoner, but she was taken to the Compter; we got a search warrant, and searched the house, but could not find them.
The prisoner had nothing to say for herself.
59. (M.) John Briant , was indicted for that he together with George Robertson , not yet taken; on the king's-highway, on James Holland , did make an assault, putting him in bodily fear, and stealing from his person one hat, val. 2 s. a peruke, val. 20 s. Dec. 31 .*
James Holland. Last Sunday was seven-night, between 9 and 10 o'clock at night I was going along Mansfield street , with a lighted link in my hand; there came three men up to me; one put a pistol to my breast and swore if I did not deliver what I had about me, what was in the pistol should go through me.
Q. Do you know either of them?
Holland. I know only Barber the evidence, he was taken before he got out of my sight, the other two got off; I knew not the prisoner; I desired they'd not use me ill, and told them they should have what I had: a watchman being near they only took my hat and wig, and knock'd me down, and ran away.
Q. Did they threaten you before they took your hat and wig?
Holland. They did.
John Barber . I belong to an Indiaman, the prisoner George Robertson , and I, met the prosecutor in Mansfield street, last Sunday was a week; Robertson had a pistol and put it to the prosecutor's breast and desired him to deliver; the prisoner at the same time held a cutlass over his head, and swore he'd cut him if he made a noise, the prosecutor called out murder; then some people came out of their houses with small swords, and a watchman coming up we ran; they took me, and brought me to White Chapel watchouse, and the next morning Sir Samuel Gower admitted me an evidence.
Q. to the prosecutor. Did you see a cutlass?
Prosecutor. I did, it was held over my head; and one of them said if I did not deliver they'd cut me.
Q. Was your link alighted?
Prosecutor. They had put it out.
Prosecutor. That evidence would not assist me till after he saw Timbs had taken the evidence Barber.
Guilty , Death .
Q. Was either of the prisoners there?
M' Daniel. I think I remember something of Robertson's face, being one of them.
Q. Did they ask you for your money?
M' Daniel. They did not.
Q. Did they show you any weapon of any kind?
M' Daniel. No, they did not; I was so surpriz'd, I don't know how they parted with me.
Q. Did you call out for help?
M' Daniel. I can't say I did.
Q. Was you sober ?
M' Daniel. I believe I was the worse for liquor.
Q. How long had you been drinking in the house?
M' Daniel. I had been drinking two full pots of bear with them; they told me they belong'd to a man of war at Chatham.
Q. Did not you take notice of them, so as to know them?
M' Daniel. I did not, nor had not seen them before
Q. Do you know any thing of Briant.
M' Daniel. I can't say any thing of him.
Q. Do you know any thing of Barber the evidence ?
M' Daniel. I can't say I do.
Q. What quantity of liquor did you drink?
Barber. Three full pots of beer; we told him we belonged to a man of war at Chatham, and that if he would come along with us we would treat him; so he went out with us. Welch swore he would have what he had; I said, he is a seafaring man, and desired not to take any thing from him; he took the man away, and gave him a blow or two; he got hold of his handkerchief, and the man resisted; in the mean time I took the hat off his head, but the watch coming by we all three ran away.
Q. Did the man cry out?
Q. Had you any weapons?
Barber. No; but we brought him out in order to take what we could from him. After this, Briant and I went to the night-house near Billingsgate, where we quarrelled; Welch wanted to have the hat to himself, but we said he had got his handkerchief.
Q. What became of the hat?
Barber. We sold it.
Q. Was the prosecutor in liquor?
Barber. He was.
Q. from Welch. How did the quarrel begin ?
Barber. He wanted the hat from us.
Welch. He told me he had a hat, and I asked him where he got it. I have been at the prosecutor's lodgings oftentimes.
Q. to Prosecutor. Was he ever at your lodgings after ?
Prosecutor. No, not to my knowledge.
I never drank with Barber, only I met him in East-Smithfield, and he asked me to drink; he gave me some gin and beer, and I have been sick ever since. He told me he belonged to an India man.
I know nothing of Barber; I hear he has been guilty of a robbery in Drury Lane.
Q. from Welch. Ask Barber whether he did not meet me in Wapping and ask me to drink with him, and I would not.
Barber. I know nothing of it.
Q. from Welch. Did not I ask him to fight him there ?
Barber. He did ask me that one day.
Both acquitted .
Mary Gofton. Mrs. Bourne is my mother. On the 23d of December the prisoner came to my mother's shop, and asked for a striped camblet gown; I asked her whether she would have a new one or an old one; she said, a second-hand one; I told her we had never a one; but my mother called out and said, we have a second-hand cotton one. Another woman came and asked me if I would
Esther Wildman . My sister came about five o'clock that day, and told me a girl (describing her) had stole a cloak. About ten o'clock the prisoner came into my shop and asked to see a camblet gown; before I could come to her, she went to the end of the shop and took a pair of stays; I seeing them, pushed her into the kitchen, and, thinking her to be the person that stole my mother's cloak, sent for my sister, who came and said the cloak she had on was my mother's property, so she was thereupon secured.
I went into the prosecutrix's shop to ask for a second-hand gown, and she said she had never a such a one; so I went out of the shop, and then over the water. After that, I went back into the other woman's shop, who stopped me, and said I had stole her cloak.
Theyor Townshend. On Friday the 22d of Dec. between 3 and 4 o'clock, turning into Fenchurch-street , a gentleman called out, hip! I looked behind me and saw my handkerchief on the ground, and the gentleman had hold on the prisoner ; I took it up.
William James . On Friday the 22d of Dec. going to Sir Joseph Hankey , I saw the prisoner and an accomplice catch hold on a woman's capuchine, which I observed; Mr. Townshend was coming pretty hastily by; I saw the prisoner make an attempt at his pocket, and at last took out the handkerchief; I hipp'd Mr. Townshend , who took up the handkerchief; I secured the prisoner, the other ran away.
I had been to buy some oranges in Thames-street, and coming along, the gentleman took hold on me, and at the same time a lad ran away.
Guilty 10 d.
Jan. 1 . +
Q. from the prisoner. What is my character?
Robertson. I have known him about four months, and have trusted him three or four times to carry parcels for me; I never heard any ill of him before this.
John Hanbey . This sheet I had of the prisoner the 1st of Jan. he told me he brought it from an apothecary; I lent him 3 s. upon it, he told me he was a hackney coachman; in a few minutes after, a woman came and asked me if I had taken in a sheet, and described the prisoner, and told me that he was at such a place with a basket of Linnen, which they suspected he had stole; Richard Price came there, and own'd the sheet.
John Gosbill . I live with Mr. Bolney, at the Bull and Gate; the prisoner was to fetch the linnen away; he did, and I gave him a bill as I always do; this sheet is one that was put into the basket, all the other things were with the prisoner except the sheet.
I have a friend or two here.
Guilty 10 d.
Susannah Hailing , spinster , in the dwelling house of Edw Hailing , December the 6th . ++
Q. What is her age?
S. Hailing. She is upwards of 14 years of age. On the 6th of Dec. I dropt a mettal stay hook, set with Bristol stones, on the floor, in my mother's bedchamber; I bid the prisoner take it up; the next day I asked her for it; she said she had put it by, and it was safe, but could not tell where; I desired her to look for it, but she did not produce it; she having behaved extremely ill, I accused her with secreting it.
Q. Did you see her take it up?
S. Hailing. No, I did not; but I heard it fall, and saw it lying on the ground. After my taxing her she owned she had converted it to her own use; at first she said she had sold it for two-pence to a woman; after that she said the woman was to give her a ring for it; and at last she said she had given it to her mother, and that her mother told her she was a very good girl, and bid her see if she could get some plate; then I asked her if she had taken any thing else; she then asked me if I missed any money out of my drawer, and owned she had taken fifteen guineas out of it; I desired her to take a great deal of care left she should accuse herself with more than she had taken; then she said she took six half guineas, and told it into her apron, and after that twelve guineas.
Q. Where was this confession made?
S. Hailing. This was in our house.
Q. Where did your drawer stand?
S. Hailing. It was in a buroe in my closet.
Q. Was the buroe locked?
S. Hailing. It was not; and the key being left by mistake in the closet door, she said she took the opportunity of going up and taking them when we were at breakfast; I desired her to go into the closet and shew me the drawer; she stamp'd, and said she should die at the sight of the drawer ; I shewed the footman the drawer beforehand ; he said to her, if you will not touch the drawer, touch it with a pen, which he gave her in her hand; she took it, and touched the right drawer directly, and said, she had seen me go to that drawer before. There was no stirring but she was always after me of my sister, for which I talked to her before.
Q. How much money did you miss?
S. Hailing. I only charge her with three or four guineas.
Q. When had you seen the money last?
S. Hailing. I had not seen it for about a fortnight or three weeks before, but can't say how much there was; there were fourteen guineas and a 27 s. piece, when she confessed what she had taken.
Q. How much was there in the drawer before you missed any ?
S. Hailing. I can't justly say.
Q. Were there twenty pounds ?
S. Hailing. There were about 30 l. but I chuse to say under rather than over what I lost.
Q. Upon your oath, how much can you say you missed?
S. Hailing. I can say three or four pounds.
Q. Have you seen the stay-hook or money since?
S. Hailing. No, I have found neither.
64. (M.) Peter Bockham , was indicted for that he on the 23d of Dec . about the hour of two in the night, on the same day, the dwelling house of Daniel Flude , did break and enter, and steal from thence, two iron vices, val. 12 s. one iron back screw, one piece of iron burnisher, one pair of iron clams, one piece of iron, one brass coar, and two hammers ; the goods of the said Daniel. ++
Daniel Flude . I live in Grub-street . On the 23d of December, between the hours of one and two in the morning, I was called up by William Brimstone , who told me I had been robbed, so I got up, and went down to the house, which I found broke open.
Q. Is it your dwelling-house?
Flude. I took it with an intent to live in it, but upon my marrying about the same time I went to live with my wife at a small distance from it; I found the door and window-shutter broke open, which were left safe over night when we left work; we missed an iron burnisher, a back-screw to a leath, a pair of iron clams, two hammers, and a brass core; some of them were taken out of the ground floor, and some from a two pair of stairs room. The prisoner having worked with me about a month before, and hearing he had been lurking about my door, I suspected him. One Mr.William Andrews , in Great-Arthur-Street, where I found this piece of iron mention'd, which is part of a rest to a leath. (The back screw, a pair of clams, and a brass core, produced in court and deposed to ) I took the prisoner about eleven o'clock on the 24th day, and then asked him what he had done with the burnisher ; he told me he had thrown it away under the gateway belonging to a handkerchief printer in Chiswell Street; I went there and found it; at the same time he told me he had pawned the two vices to Mr. Pain at the Three Golden Balls in Golden Lane for half a crown; so I went there the next day to inquire for them, but he denied having them.
Q. Did you lie in that house?
Flude. No, I never did, I married soon after.
Q. When did you take it?
Flude. I took it on the 25th of March; I used to work in it.
Q. Do any of your servants lodge in it?
Flude. No, they do not.
Q. Do you dress your victuals in it?
Flude. No, we dress our victuals where I and my wife live.
Q. Was there a bed put up in it for your use?
Flude. No, there was not; there is a family lives in the first floor up one pair of stairs.
William Andrews . I am a pawnbroker. The prisoner brought all the things that are produced here, except the burnisher, on the 24th of Dec. he said they were one Seale's where he lodged, a very honest man and uses such tools; I lent him, I think, 20 d. upon them, and he had some trifling things of Mr. Seale's out at that time.
Guilty of felony.
Acquitted of the burglary .
William Briggs . On the 8th of December John Boyce . my mate, acquainted me by a messenger, that some old copper and brass, which we had between deck, on board a ship I am master of, lying near the middle of the stream of Rotherith stairs , was stolen away ; and that they had got a man in custody, on suspicion of taking it; I immediately went to where my mate and the man were, at the house of one Jone's a Butcher, opposite to Wapping Chapel, there were with them two or there men, that work'd at delivering the cargoe; the man they had in custody is named Andrew Gray , we took him before justice Ricards, and he ordered him to be set at liberty ; on the Tuesday following. I read an advertisement, of such a quantity of copper and brass to be seen which was stopp'd at the house of Mrs White, the next day I went to her house in Wild street near Well-Close-Square; there I saw the copper and brass, and know it to be the same, which was taken out of our ship; the property of Mrs. Mary Lightfoot , (Produc'd in court and deposed to.) She told me the person was in the tower prison, I went there, and saw him which was the prisoner, I asked him if he knew the goods, he said he was hired as a porter, in order to carry this copper and brass to Mrs. White's; and that he had no concern himself in stealing of it, and that he not having a knot to carry it upon, he hired a porter that had one.
Q. When was the last time you saw the copper and brass in the vessel?
Biggs. I had not seen it since the vessel arrived in the rivers or not for about a month before it was missing.
Q. Can you positively sware to it?
Biggs. I can, it is old kettles, sauce-pans, and such like goods; but I am certain as to the out side case in which it is pack'd it being the same in which it was brought in from Virginia ; and is Mrs. Lightfoot's property.
Q. What is the name of your ship?
Boyce. It is the Lightfoot.
Q. When did you see the parcel last?
Boyce. I saw it on Wednesday the 6th of Dec.
Q. Where in the ship was it?
Boyce. It was forwards between decks.
Q. When did you miss it ?
Q. Had you begun to deliver the vessel?
Boyce. We were about half unloaded.
Q. Did any of the men lie on board at that time ?
Boyce. Some of them did.
Q. How came you to miss it?
Boyce. On the 7th Andrew Gray , one that worked on board, came on board and told me it was stole out of the ship; and he suspected that the people on board had taken it, there were five seamen of them; I don't know their names. I offered Gray half a guinea to find it again, which he thought he could; On the Friday he came again and told me he could not find it; I went on shore with him, as he said he suspected these four seamen; I took them into an alehouse in Wapping, and offered them half a guinea to bring the parcel again. The prisoner was there, who asked me the weight, and he said it was very surprising to him, for he thought one person could not steal it, and likewise that the man who informed him of it was most likely to be the thief, and that we had better keep him in custody, adding, he deserved to have his brains beat out for giving information at such an uncertainty, and that if ever he came on the river again he'd have his deserts. We took Andrew Gray before the justice, and he was cleared. On the 13th at night I saw the copper and brass at Mrs. White's near Well-close-Square, from thence, I went to the Tower prison, and saw the prisoner, I taxed him with it, and he denied it, but said he was in company with the persons that carried it to Mrs. White's.
Susannah White . My husband was a founder and brazier, but he is dead, and I carry on the business. There came a well-dressed well-spoken woman to my shop on the 7th of December, and brought an old brass pot-lid for me to make her a new one of the same size; she said she knew a master of a ship that had brought some copper and brass from abroad who wanted to sell it. There was a man, very much like the prisoner, (I can't be certain it was him ), stood at the door with a piece of an old brass kettle in his hand, and he asked me what it was worth per pound. After this there came four men, the prisoner was one of them, and brought this parcel of brass to me to sell, which is here produced.
Q. Did the prisoner bring it?
S. White. He did not. One of the men said he had a little money on board, so he bought it, and he brought away from the ship because he would not have it seized. I bought it, and paid them 4 12 s. 6 d. for it.
Q. Who did you pay the money to?
S. White. I can't say which took it.
Q. Did the prisoner at that time claim any of a as his property ? he is not the man that said he brought it from on board.
S. White. I can't say he did, he helped to weigh it. This was on Thursday about two o'clock, and on the Saturday morning following the prisoner came to me and said he was come to tell me, if any body should come to ask whether I bought such copper and brass, I was to say, no; upon which I was very much surprized, and said, pray, how was it come by? he said he could give a good account of himself, but he not giving me a satisfactory answer, I stepped to the next door for Mr. Hermitage, a constable, who came and secured him, so we took him before Sir Samuel Gore , who committed him to the Tower goal, and I advertised the copper and brass, upon which these gentlemen came and owned it, so I directed them to the Tower goal to the prisoner.
Q. from the prisoner. Was not my message to you, if any body came to enquire, for you not to tell the weight of it?
S. White. No, it was not, I was not to tell who I bought it of.
James Walker . On the 7th of December, about three in the afternoon, the prisoner and five more men came to the Court-house at the Tower goal, where I live, and called for a tankard of beer, and asked me to change a 36 s. piece, so I did; after that they wanted charged for a guinea, which I changed, and then they divided the money into six parcels, which was fifteen shillings per man. They had in all 4 l. 12 s. 6 d. I saw five of them take up each a parcel, and one was lying on the table when I went out to make water, but that was taken up when I came in.
Q. Did you see the prisoner take up any?
Walker. I am not certain of that, they left half a crown on the table, out of which they spent sixteen-pence halfpenny, they had five full pots of beer, and three halfpenny worths of tobacco; there was a shilling left, which they said they would give to the woman that went about the affair; after which they said to the prisoner, we are beholding to you, Mr. Shanks. for this jobb.
Q. What did he say in return ?
Walker. I can't recollect what he said.
On the 7th of December I met a gentleman-like man in the street, who was either a Dutchman or a Dane; I had been carrying some coals, he said, are not you a porter ? I said, yes, I am; he said, I have a jobb for you, so he brought me to a place near New Crane, there were the brass and copper wrapped up in an old cloth, they were heavy, and I not having a knot could not carry them, so he desired me to get him a porter that had a knot, which I did, and helped to put it on the porter's back; then he said to me, friend, do you know the way to Well Close Square? if you'll go with us I'll satisfy you, so I went with them.
To his Character.
William M' Daniel I have known him 20 years and upwards, he is a pains-taking man, but never heard a dishonest thing of him.
Thomas Rose . I belong to the Victualling Office, and have known the prisoner 20 years, and have dealt with him often, and believe he is as honest a man as any in England, and that he is as innocent of this as I am.
65, 66. (M.) Andrew Gray and William Coming , were indicted for stealing 300 lb. weight of tobacco, value 8 l. the property of Lionel Lloyd , December 30 ; it was laid over again to be the property of persons unknown.*
James Perry deposed, that he and the two prisoners at the bar had, at divers times, taken tobacco from on board a vessel belonging to captain Armstrong in the river. It appeared he was taken with a quantity of tobacco upon him, but his evidence not being supported by any person of credit, the prisoner was acquitted .
67, 68 (M.) John Rumbolt and Jacob Ginn , were indicted for that they, together with Isaac Gower , not yet taken, on the king's highway, on Philip Mackaway did make an assault, putting him in corporal fear and danger of his life, and stealing from him one hat value 6 d. one perriwig value 3 s. one silk handkerchief value 3 s. and 12 d. in money, his property , July 12 .*
Philip Mackaway. I am an Irishman and worked for Mr. Hinks, in the parish of Hornsey , at haymaking. On the 12th of July at night an ac quaintance called upon me, and we walked together about two miles towards Edmonton; as I was returning back, about forty paces on this side John Rumbolt 's house, I saw Jacob Ginn in his shirt coming towards me with a flail in his hand, and Isaac Gower and Rumbolt with him. Jacob Ginn said, Blood and zounds they Irish sons of whores there were but few of them, and if we had overtaken them what an example would we have made on them! then he swore, here is one of the thieves that they have left behind. I had my hand in my bosom; he made a stroke at me and cut me into the very brains and knocked me down; I begged my life, and said I knew nothing of them; the words were hardly out of my mouth when Rumbolt gave me a chop with the blade of a scythe ; he cut me divers times with it (he shewed divers large cuts on his left arm and leggs, which he received then); then Isaac Gower began to beat me on my back with the sheath of the scythe; I was left on the ground in my blood, but some women came and got me away; then Jacob Ginn gave me a knock backhanded, and said, let him be killed, an Irish son of a whore, and took my hat, wig, and handkerchief and a shilling out of my pocket.
Q. Did they demand your money of you?
Mackaway. No, they did not.
Q. Did you know the prisoners before?
Mackaway. I did some time before.
Q. Did he say he had been robbed?
Malone. No, he did not then.
I was in bed at eleven o'clock that night, there came a parcel of Irish fellows and broke my windows very much, so I went out and was knocked
I was a lodger at Rumbolt's house; there came 20 or 30 Irishmen there about eleven at night swearing revenge on him, or somebody in his house; they broke the windows, so he got up and bid them go about their business; as soon as he had opened the door he was knocked down by them; then I and Gower went down, and were both knocked down also; I got up again, and was knocked down a second time by the prosecutor; I took nothing from the man.
For the Prisoner.
William Johnson . I live cross the way from Rumbolt. About eleven o'clock that Sunday night there came ten of these Irishmen, they wanted the man of the house and those that lodged in it, saying, they'd have them or their hearts blood, and that they would fight them; I looked out at my window, but was afraid of coming down to them, so bid them be good boys and go about their business that there might not come any trouble upon it; they said they would not; the lodger (Ginn) came out with a scythe-blade in his hand; they knocked him down; after which he cut one of them; I saw him lying on the ground cut; afterwards Rumbolt and I came out together, and Jacob Ginn stood over the Irishman; he said the man would have murdered him, and he had a good mind to cut his head off; he took nothing from the man only his stick.
Q. Had the prosecutor his hat and wig then?
Johnson. No, he had not.
John Attle . I was going home that Sunday night from Rumbolt's house, and met about nine or ten Irishmen in the road, so I made a stop; one of them was some way before, the other he stopped, and called out to the rest, saying, come along, d - n your eyes, I'll have some of them before I go to sleep; then I ran back to the house again for shelter; just as I got to the house John Rumbolt was come down in nothing but his shirt; he opened the door, and the same minute one of them knocked him down; then Jacob Ginn came out with his scythe ; Rumbolt went up stairs and dressed himself as soon as he got up; then he came out again, and William Johnson from the other side of the way to the best of my knowledge; Rumbolt had nothing in his hand; I saw the prosesecutor lying on the ground.
Q. Had he his hat and wig on?
Attle. I think he had not; after this Ginn came into the house and brought nothing but the scythe.
Q. Are you certain he brought nothing else?
Attle. I am sure of it.
Q. How came he to get out?
Faring. I believe he went out through the kitchen.
Prisoner. I did, and went with a young fellow.
To Rumbolt's Character.
Shipman Tower. I have known him twelve years, and look upon him to be an honest peaceable man.
To Ginn's Character.
Job Brown. I have known him four years, and he has as good a character as any man need to have.
Both acquitted .
Isaac Ayres and William Corbet , were indicted for that they, on the king's highway on John Wynn did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one cloth coat value 30 s. the property of Richard Draper , serjeant at law , and 7 s. in money , December 23 .*
John Wynn. As I was coming to town on the 23d of last month, between six and seven in the evening I was stopped in Hide-Park by two men in soldiers cloaths. (Note, the prisoners were soldiers .) I was on horseback coming on a full walk, and one of the men stepped up from the rails and took hold on the horse's rein with his left hand, and put his right hand up to me, but what he had in it I can't say. Another man on the other side of the way came up and demanded my watch; then he came round on the other side and ordered me to dismount, so I did, and they searched my pockets and took seven-pence in money out of my right hand pocket; one of them got hold of the great coat which I had on my back and ordered me to pull it off; they bid me make haste, and said there was another customer coming, money they wanted, and money they would have ; then they went away.
Q. Whose property is it?
Wynn. It is the property of Mr. serjeant Draper, which he gives me as a part of my livery; I can't take upon me to swear the prisoners are the men that took it.
William Doleman , I live in Chick-Lane. On the 23d of last month, about nine in the evening. Isaac Ayres brought a coat to my shop to sell, he asked 18 s. for it, and I agreed to take it at 12; then I put it on the compter and asked him where he was quartered, and he said at Holloway ; I said, I must be satisfied as to the truth of that; he said, he did not want the money; I sent to Holloway on the Sunday, but the messenger told me upon his return there was no such soldier quartered there; then I advertised the coat, and on the tenth of this month the coachman and clerk to serjeant Draper came and owned it; he came to demand the money, and the other prisoner stood at a little distance, so I told him to step into an alehouse and I'd pay him; I sent immediately to serjeant Draper and a constable; the prosecutor and constable came, and they were secured.
Q. What did they say?
Doleman. Corbet said he had got himself into pretty bread by coming along with the other.
On the 23d of last month I was in Whitecross-Street till about half an hour after seven o'clock; then I set out for Westminster, and in Holborn met a man who asked me if I wanted to buy a coat to stand centry in; I said, it is as much as I can do to live, I have no money to buy cloaths; he said he was out of place and wanted to sell it; he asked 15 shillings for it; I said I had not 15 shillings in the would, but bid him three half crowns for it, and he agreed for ten shillings, so I took it, and going by this last witness's house he asked me if I wanted any cloaths; I said, I have more than I can tell what to do with; so he bid me come in, and he would buy it, and we agreed.
Doleman. He said he gave 25 shillings for it.
I met Isaac Ayres by Chick-Lane, and he asked me to go that way with him; I said, I am for guard to-morrow, and must get ready; he said, come with me, I shall not stay you two minutes, so I went with him, and staid in the street looking at a cart load of hay; I saw Ayres go to an alehouse; then I followed him, and the witness came in with a constable.
Q. What was his business in your house?
E. Pope. He came after a young woman in the shape of a sweetheart.
Q. Who is she?
E. Pope. She is my daughter.
Q. Is he married to her?
E. Pope. No, he is not.
Q. How came you to recollect the time?
M. Pope. There is an old gentleman that lives in our house, a Welchman, we call him every night about eight o'clock, and when he went away I went directly to the Two-Brewers to ask what
Q. Where did Ayres quarter at that time ?
Sinclair. He quartered in Whitecross-Street.
Both Acquitted .
Mary Blackendon . I live near Radcliff Cross , and keep a milliner's and haberdasher's shop . The prisoner came to my shop last Friday night about six o'clock, and I was all alone; he wanted to see some silk handkerchiefs, so I shewed him two sorts, and he desired to see more ; I told him I had none that would do better; he agreed to give me seven shillings for two, I cut them off and put them up for him; at the same time there came in a black boy; the prisoner desired me to give him a dram as it was Christmas time; I said, after he had paid me, I would give him a penny or two-pence to buy one; then he desired me to send the boy out for a dram; I said, I did not chuse it; then he took up the handkerchiefs and threw me down about sixpennyworth of halfpence and ran out of the shop as fast as he could; I ran out and alarmed the neighbourhood; he was taken and brought back; he said he knew nothing of the shop, he had not been in it before; the handkerchiefs were picked up in the street and brought back again; when he saw them, then he owned it and said, it was the first fact he ever committed, and begged me to forgive him; then I sent for an officer and had him secured. The constable has the handkerchiefs, but he is not here.
I was in liquor, and went into that shop to buy the handkerchiefs, but finding I had not money enough to pay for them I flung down what I had, and took the handkerchiefs.
72. (M.) John Jettea , the younger , was indicted for that he, together with John Jettea the elder, and Thomas Jettea his brother, did steal two cloth surtout coats , value 4 l. 16 s. two frocks, two pair of cloth breeches, one cloth waistcoat, one scarlet everlasting waistcoat with a gold binding ; the goods of Mary Bearnfather , and John Bearnfather , in the dwelling house of Timothy Dean , Dec. 1 .*
John Bearnfather, On the 28th of Nov. the prisoner's brother Thomas Jettea, came to my house; (I having known him three or four years ago, when he liv'd with one Mr. Eagle on the other side the water whom I serv'd, which was his excuse in coming to me,) he told me he now liv'd with one captain William Morris in Charterhouse-Square; and told me also I was to go along with him to his house, to take orders for goods; I went with him to Charter-house-Square; there he pointed to a handsome house and told me that was captain Morris's house; and said there is my master's nephew coming out of the house, which was the prisoner at the bar ; he being upon the uppermost step at the door, the prisoner step'd from the door as if he was just come out of the house, the prisoner came to us and ask'd Tom where he had said all that while; and bid him go about his master's business; Tom went away, then the prisoner said are you the Taylor that Tom has recommended to my uncle? I said, yes.
Q. Was this brother in the hearing of this?
Bearnfather. I believe be might hear it; then the prisoner said we had staid till his uncle was gone out, and was at the Crown Tavern at Cripplegate, and he would go with me there, which he did; when we came in there, he went before me, and asked if captain Morris was there; we were shew'd into a room were the pretended captain sat at a table, with pen, ink, and several papers before him; he said to the captain, sir, this is the taylor; upon which the captain asked me several questions concerning my business, and gave me orders for a surtout coat for himself, a frock, breeches, and lace waistcoat ; and he told the prisoner to chuse what he liked for h imself ; he chose a surtout coat of the same cloth, a frock and breeches, and a scarlet everlasting waistcoat with a gold binding lace, and a pair of scarlet shag breeches; after he had bespoke these things, the captain told me in the presence of the prisoner, they must be done by four in the afternoon on the Friday following, saying I don't tell you for what occasion, that they must be done; Perhaps it may be a wedding; here said he to the prisoner, do you go on board, and clear out that pipe of Madeina, andThomas Jettea , that went for the servant, came to me on a frivilous excuse to change the garters of the breeches, and to see how matters went on, and desired I would not fail getting his master's and his master's nephew's cloaths finished by the next day: for there was a wedding in the case, that the captain was going to be married; upon which as I had some little suspicion, I began to ask him several questions; as, how long has your master liv'd in Charter-house-Square; he told me he had liv'd six or seven years, and that he was captain of the William and George, a ship lying off the Hermitage stairs Wapping, and that his master's fillar kept his house; and that he was very sorry for her, for she would be turn'd out upon the account of his new mistress coming home; he went away and on Friday I waited at home, (the goods being done) for the captain's coming ; at a little after four o'clock, instead of the captain, Tom came and brought a letter which was read to this purport.
'' Mr. Bearnfather,
'' I can't possibly wait on you this afternoon, '' so I desire you will come with the '' bearer my servant, and bring all the cloaths, '' and my kinsman's cloaths, and your bill with '' you, and take your money ; and if it does '' not suit you to come to night, I desire you '' will send all the cloaths in a coach, and '' wait on me next Monday, and I will give '' you more orders for a suit of superfine ''cloaths.''
Friday afternoon 4 o'clock, 1752.
I tied the cloaths all up together in a wrapper, and took my servant along with me ; I took a coach in Holborn, and took Tom Jettea in the coach with my servant and me; I came to the Crown tavern at Cripplegate, as Tom directed; there he shew'd me into a room ; where instead of meeting with the pretended captain there sat the prisoner at the bar ready to received me, he asked me whether I had brought all the cloaths, I said yes: He asked me a I came to stay so long, for that the captain had staid as long as he could, and was gone back to his own house in Charter-house-Square; and that the best way I had to do, was to go along with him to his house, and there I might receive my money; the cloaths were laid down by my servant, by my orders, and in his possession, on two chairs in the room, I delivered no bill to him, neither did I tell him what they came to, or any price of them; when I went out of the room with the prisoner, to be shew'd the way to his pretended uncle, I said to my servant ; John, do you be sure to stay here with these things till I come back, he answered, yes, sir; the prisoner lead me to Charter-house-Square, when I came there, said he, I suppose you know the affair, that this is a marriage; and my aunt will be surprized if she sees me come to the house now, because she does not know but that I am on board the ship; you have nothing to do, you know you have no occasion to stay but just to receive your money, and that is the house. (pointing to that house that he seemingly came out of before;) saying I'll wait for you here ; I did not much like the affair, so made all the haste I could, and ran up to the house; I don't believe I was a quarter of a minute in coming to the door; I knocked at it, and a servant happened to be in the entry and opened the door instantly, I asked if it was captain Morris's house, he said no, he knew no such person; I did not stay to make any further inquiry, I ran as fast as I could to the place where I left the prisoner ; which was about forty yards, he was gone ; I ran all the way to the Crown tavern, I believe the time from first setting out and back again, could not be above ten minutes; I went up to the room where I had left the servant and Tom; they and the cloaths where gone, there was only a decanter, in which we had had half a pint of wine, and a candle standing on the table ; I rang the bell and call'd for the master of the house, and told him the suspicions I had, that I had been robbed of some cloaths that I left in the care of a servant; the man said there had been no body in the room but Tom and my man, as he saw, I said I'd stay a little time, and if my servant had not received any injury he'd come
Q. Did you see them upon him?
Bearnfather. I did, and desired permission of Sir Richard Hoare , the sitting alderman, that they might be taken off to be produced in evidence against him, and they were; but before I carried him before Sir Richard Hoare , I asked him how he could serve me so, and desired he'd tell me what he did after he dropped me in Charter-House-Square, he laughed and told me, that after he left me he went to a house in Smithfield, a place appointed to meet; that he had not been there above a quarter of an hour before the captain and brother came in with the cloaths, and he received his share of them. About two days before this prosecution commenced, I had two people came, as they said, from this Jettea, and they desired I'd make it up by giving me a sum of money, but I did not agree to it; after that I received this threatening letter, to be shot thro' the head, &c. if your lordship pleases to compare it with the other letter I received from the captain, they exactly agree.
Q. from the prisoner. Whether or not he did not say, when he took measure of me, he did accept of the captain for his paymaster ?
Bearnfather. I don't deny that, but I never did deliver them, neither did I intend to deliver the cloaths till I had my money.
John Smith . On Friday the first of December my master left the cloaths mentioned in my possession in a room in the Crown tavern near Cripplegate ; I laid them down upon two chairs and sat by them; when the pretended nephew and my master were gone, then I moved to another chair, and looked at a news-paper four or five minutes, in which time came in the pretended captain; he came up the passage, went to the bar, and inquired whether any body had been to inquire for him; he came into the room and asked if the things were come; I replied, they are all ready; he said it was very well, he was going out a little way, but should return very soon; he came in again in about four or five minutes, and said he was going to some place where he had appointed to meet some gentlemen, and was afraid Mr. Bearnfather would stay at his house waiting for him; he desired me to step as far as his house and desire he would return with all the expedition he could; I told him I did not know where his house was ; he said, what, has not your master told you? I replied, no, sir; he then desired I would go to the turning that went out of Long Lane into Charter-House-Square, and inquire for captain Morris's house; I said, sir, your man knows the way better than I do, you had better send him; then he said; d - n your body, do you refuse to go about your master's business? upon that, I took his directions and went as near the place as possible where I thought he lived, and enquired at a publick house at the turning, and was told by the man of the house there was no such person lived thereabouts; a gentleman in the house said he lived about three or four doors on the right hand in the Square, so I went and knocked at the door, and enquired, and was told there was a captain lived there, but it was another name, not Morris; I have forgot the name ; I enquired at two or three other places, but found no such person, so returned back immediately, having no suspicion at all then, and about a hundred yards before I came to the Crown again I met my master, who told me we were robbed of all my cloaths, so I went into the room and all were gone.
Smith. He went just out at the room door with me, but no farther; he did not go out of the tavern.
Q. from the prisoner. Who did you leave the cloaths in custody of?
Smith. I left them in custody of no person, but in the place where they lay, they were not touch'd by the servant then.
Q. from the prisoner. Who was in the room when you went out?
Smith. The pretended captain's servant.
In first coming acquainted with this said captain Morris, I failed with him from Boulogne in France with one captain Ogleby, a Scotch gentleman, that came from Leith, and had failed with him twice; I accidentally met with him about four or five months ago in London, my brother being along with me; he said he was very glad to see us, and that he wanted some cloaths to take abroad with him; he asked my brother who was Mr. Eagle's taylor ; that Mr. Eagle was his former master on the other side the water near the king's old barge-house ; the lad replied, Mr. Bearnfather, in Monmouth street, and he is a very honest man, and said he had fetched a waistcoat from his house for his master Eagle; upon which this said captain said, I wish you could go and get a bill or two of him, for I want some cloaths made, and had as lief employ him as another, and if he deals honestly I'll deal with him again ; he went and got a bill, and gave it to this said captain Morris, the captain sent for him to meet him at such a place, but he sent word he could not possibly come; then he sent for him to Charter-House-Square; I had been drinking a pint of beer, and was just come out of the house as the said captain's servant and the prosecutor came; I said, is this the taylor that you said served your master on the other side the water? he replied, I used to serve Mr. Eagle; I said, my brother had given the captain a good character of him, that the captain was gone out to a tavern near Cripplegate; we went together to the tavern, and when he came into the room the captain said, your servant, sir, are you the honest man that worked for Mr. Eagle ? I am just come from abroad and want some cloaths to be made me, saying, my lad gives you an extreme good character; then he ordered him to measure him for these cloaths, and me for mine, and Mr. Bearnfather seemed very willing to accept of him as his pay-master ; I never saw him after till he brought the cloaths to the Crown tavern, being just come from Deptford; Mr. Bearnfather said. where is the captain? the landlord told him he had been there, but was gone home; I asked Mr. Bearnfather if he had a bill, and he said he had; I carried him to the house the captain said he lived at, but was never at the house, only have heard him say he lived there; Mr. Bearnfather said to his servant, do you stay here, and I will go there; the witness says the said captain did come in, but I never went back to the tavern, so can say nothing to that; the captain desired me to meet him at a house in Smithfield, so I went there when I left Mr. Bearnfather, and staid till the captain and his servant came.
To his Character.
Q. How did he behave while with you?
Robertson. He did as other servants did, and behaved as well as any servant could do. I have trusted him with both gold and silver, he never wrong'd me in his life.
Q. What are you?
Robertson. I am a waterman, and barge-master to the worshipful company of merchant-taylors.
Q. What is his general character?
Robertson. I never heard any harm of him at all before.
Q. from the prosecutor. Did not that evidence apply to me, at my house, in order to quash the indictment?
Robertson. I don't understand the meaning of quash, what could I quash ?
Q. Did you ever apply to him at his house, about any thing?
Robertson. I went to him to ask him, whether he would do any favour to him; but I don't know of quashing. I only wanted him to come and speak to the young man.
Q. Did you desire him to quash the indictment, and offer the prosecutor his money again upon so doing?
Robertson. No; I did not that I know of: I know nothing of it. I had no money.
Q. How much of his time did the prisoner serve with you?
Q. How long was that ?
Robertson. A great deal of his time.
Q. How long was that ?
Robertson. I can't tell how long ?
Q Tell as rear as you can recollect. Was it 4 years ?
Robertson. I believe it was not so long.
Q. Was it three years ?
Robertson. I believe not; it was going on of three years, but he came to me afterwards, and work'd for me handsomely.
Prosecutor. This evidence, with a woman who said she was the prisoner's sister, came to me, and said, if I would make up the affair, and not prosecute Mr. Jettea, I should be paid all my expences.
Q. to Smith. Did you hear this conversation ?
Smith. This witness said, he thought it was in my master's power, in case he had all his money, to let him go at his liberty.
Q. Did he say he should have his money again ?
Smith. He said, upon that he should have all his money.
Q. to the prosecutor. Are you in partnership with any body?
Prosecutor. I am with my mother.
Q. to Robertson. Was the prisoner bound to you originally.
Robertson. He was.
Q. Has he a father?
Robertson. He has.
Q. Has he a brother, named Thomas?
Robertson. He has.
Q. Is his father living or dead?
Robertson. I have not seen him these five years.
Q. Has the prisoner an uncle?
Robertson. He had, but he has been dead some years.
Q. Where did the prisoner's father live?
Robertson. He lived by Christ Church, Surry, about Bull-stairs or Bennet-street.
Prosecutor. As soon as I had lost my goods, Tom having liv'd with mr. Eagle a founder, now dead, on the other side of the water, I went there the 2d of December to enquire: the first I enquired of described the three persons; all the watermen I talked with, told me, they were father and two sons, and described them exactly. I found the father answered the description of this pretended captain : I make no doubt but it was the father.
Prisoner. Captain Morris is not my father ; I believe my father is a little an, and so is the captain, which makes people say it was him.
Q Did you know him an apprentice to Robertson ?
Grace. I did.
Q. How long did he serve ?
Grace. I can't justly tell, I believe not above a year or two; he has been some time away, and then come again.
Guilty 39 s.
73. (L.) Edward Batton was indicted for that he , on the 3d of November . about the hour or at night, the dwelling-house of Bartholomew Price , did break and enter, and steal out thence one silver watch, value 20 s. one silver seal, two pair of silver shoe buckles, one iron stock buckle, and other things, and 17 s. in money, the goods and money of Francis Jones : And other things , the goods of Edward Thomas . +
Francis Jones . I went to bed about 11 o'clock the 3d of November ; the window shutters of the shop were secured ; but I can't tell whether the windows above were fastened or not. As I was going to bed my mistress called me down; I found her in a fright, she told me there were thieves in the house, for she had found the tongs put into the buroe, in order to wrench it open. Upon that we went to searching the house, and sent to mr. Price, at the next door, who came and informed us, that he saw a man, naming the prisoner at the bar, about the door. I immediately suspected him, went in search of him, and found him in Chick-lane, in a court; there was a young woman in bed with him. In searching, the constable found my watch, a pair of silver shoe buckles, and a silver seal, produced in court and depos'd to. We took him that night to Wood street compter, where he delivered another pair of shoe buckles, a pair of knee buckles, and a stock buckle of mine, produced in court and depos'd to.
Q. Did he say how he came by them?
Jones. No, he did not; but he acknowledged them to be mine: There was a pair of breeches, one shil ling, and one halfpenny found in one of the pockets.
Q. Which way do you imagine he got in?
Jones. There were two panes out of the garret window, where I suppose he got in.
Eleanor Williams . The prisoner knocked at the house of mr. William Price where I live, next door to where the robbery was committed ; on the 3d of November, about 7 at night, he shewed a note, and pretended he wanted an answer to it; and said he shouldr be glad to have a little small beer: on which I gave him a candle to draw some, but did not see him come up again.
Q. Did the prisoner go up stairs ?
Williams. I can't say where he went.
Joseph Read . I was constable, and on duty that night ; about half an hour after eleven the evidence and others came to me, and told me in what manner they had been robbed, and their suspicion of the prisoner: and that they had got intelligence he was at a house in Black-and-White-Court in the Old Bailey. They would not let me in for a good while, and when I was, the man of the house told me, the prisoner had been there about nine o'clock, but was gone to Chick-lane: he went along with us, and we found him there, at the house of mrs. Dale, a lodging-house. She conducted me to the room door, and call'd his wife by name, who got out of bed, and opened the door. I staid till we could get in again, and then went in, where lay a new-hat on the table, on the left hand. Mr. North, who was with us, said, this is mine: I bid the prisoner get out of bed, which he did, and sat on the bed-side; he took up his breeches, and took out the case of a gold watch, produced in court, which mr. North said was his. The next thing we found was the silver watch, produced in court; after which he pulled out a pair of silver buckles. There was a bundle of things in the room, consisting of several shirts and stocks ; which mr. Price's footman said were his. Then we searched the room, and between the bed and sacking of a bed we found a silver snuff-box, the property of mr. North. I took him to the compter, and the next day before my lord-mayor, when he owned he took the things there produced.
I said I had the things; but was in liquor, and don't know how I came by them.
Q to the constable. Was he in liquor when you saw him ?
Constable. I did not perecive he was.
Q to Jones. Was he in liquor ?
Jones. No; not as I cou'd see.
Guilty of the felony, acquitted of the burglary .
There was another indictment against him for stealing the other things; but that not being laid cu pital, he was not tried upon that.
George Bacon . About three or four days before Christmas day, N S. mrs. Appleford came to town in order to recover 200 l that was due to her; she came and ask'd my advice. I told her I would write a letter to her husband, who was then at the Tower to desire he'd do it in an amicable manner, and I would assist him; I told him, if he would give me a letter of attorney, I would endeavour to recover the money, which he agreed to. This money was left by will of her father in the hs of her uncle, to be paid at the age of 28 years I sent for an attorney to act in behalf of them; he then said he could not do it, and begg'd some time to consider of it. Then I desired he would meet me at a house near Charing-cross, which he did ; he began to cry, and begg'd to be in private, and told me he had another wife and a son about fourteen or fifteen years of age, who was register'd in Newbury parish, and that his wife was living in that parish: I went for Newbury on the Friday morning, and got there the next morning: I went to the register, and had this certificate from it, it is wrote on the back of the book, The book of the registers at Newbury. The sexton and I examined it by the book.
I saw the first wife, she was at Easton, at the house of farmer Harsel, about five miles from Newbury.
It is read to this purport:
April 4, 1736.
This is the form of all in the book.
Q. Where is Shaw?
Bacon. It is about a quarter of a mile from Newbury.
Q. Did he say what his former wife's name was ?
Q. Who was there at the time?
Q. Did you cohabit together as man and wife ?
Appleford. He did a year and three quarters.
Q. Had you any children by him?
Appleford. I had one.
Q. When did he discover this affair to you?
Appleford. He did not till Christmas week last. The prisoner had nothing to say in his defence.
John Dillingham . The two prisoners came into my shop last Saturday, being the 6th of this month; they asked to see some silk handkerchiefs, I shewed them several sorts, and they fix'd upon one particular sort, and asked the price of them, I said 5 s, 6 d. they bid me 3 s. 6 d. and on looking over my handkerchiefs I missed a parcel of a particular pattern, which I knew I had taken down to shew them.
Q. Where were the prisoners when you missed them ?
Dillingham. They were then in the shop: I stepped round the counter, and took Ellice by the collar, who began to swear when I asked for them, and said he had non. I opened his coat, but saw them not. Then Simpson pull'd them from under his cloaths; I could not see from where, but it was from about him, and flung them on the compter; on which I sent for a constable, and they were secured and taken before justice Fielding; there Ellice behaved very saucily; the other said little.
Q. Were any body else in the shop besides them?
Dillingham. No, there was not, they flung down 3 s. 6 d. several times, and would fain have had one of the handkerchiefs, and gone off.
The five handkerchiefs produced in court, and deposed to.
The prisoners said in their defence, they went in with a design to buy only.
Guilty 4 s . 10 d.
77. (M.) John Clinton , was indicted for stealing one hempen sack value 6 d. one cloth coat, one cloth waistcoat, one frock, seven shirts, one pair of leather breeches, four pair of worsted stockings, one silk handkerchief, one linnen handkerchief, one looking-glass, one razor, the goods of John Phacker , in the dwelling house of William Jones , the whole valued at about 50 s.
John Phacker . I lived with Mr. Duston in Piccadilly, but never saw the prisoner before the Friday, the day before I was robbed I met him about twelve or one o'clock, and was with him drinking all the day long; he had me about from one alehouse to another drinking, and he desired me to come away from my place, and to be a chairman along with him; I was pretty much fuddled, so fetched my things from Mr. Duston's, a coat, waistcoat, a frock, two pair of breeches, four pair of stockings, seven shirts, a looking-glass, a razor, and two handkerchiefs, all in a-sack ; I carried all these goods from alehouse to alehouse where we went; on the Saturday in the forenoon, about eleven o'clock, we got to the house of Mr. Jones in York-street, by St. James's church ; I carried my sack all the way, and had not opened it; after my things were put into it, we called for one pint of beer, so I laid my head down to sleep in the publick room, and the prisoner took the things and went away.
Q. Did you see him?
Q. Have you ever seen your good again ?
Phacker No. I have not. When I found him beyond Knightsbridge, I asked him after the things, he said he had not the goods ; I took him before the justice, and he had one of my shirts on then marked at the tail, when I swore to; he got nine shillings of me when we were drinking to break me in as a chairman.
Q. Did you give him these goods?
Phacker. No, indeed I did not.
Thomas Caster . I saw the prisoner and prosecutor come in with a sack with some things in it at Mr. Jones's at the Red-Lion almost three weeks ago, it was about three o'clock in an afternoon; the prosecutor seemed to be a little in liquor, but the prisoner did not seem so much in liquor ; they sat down, the prisoner brought the sack in, and the box in it behind him, and called for a pint of beer; the prosecutor laid his head down as if going to sleep soon after he came in; the prisoner called for the boy to take the reckoning, he gave him a shilling, and the boy brought him his change, which the prisoner received; then he took the bag and went away with it; I followed him to the corner of York-street, and then came back and told the prosecutor, we went out but could not meet with him.
Q. What quantity seemed to be in the sack?
Cosier. There seemed to be about as much as two bushels.
William Ruds . I live with Mr. Jones at the Red-Lion. About a fortnight ago I saw the prisoner and prosecutor come in about twelve o'clock, the prosecutor had a bag, they called for a pint of beer, which I drew, and when they had drank about half out, as the prosecutor was asleep, the prisoner said he would pay for this pint of beer, so gave me a shilling and I gave him his change accordingly; then he took the bag the prisoner had put down in the corner, and went out directly, I saw him carry it cross his shoulder over the street.
I met this man near Piccadilly, and he asked me to break him into a chair with him; I said I would if we could agree ; we went into a house and drew articles for 18 shillings. he gave me a shilling in hand and a shilling afterwards. I went from thence to Rosemary Lane, and going through the Minories met a baker's man riding on a horse with a pair of hampers: I saw some bags and said, baker, will you sell me one of them bags? so I bought one and went to Tower-Hill and bought three shirts, two pair of breeches, two pair of second-hand stockings, one pair of shoes, and put them in this bag; he was with me, he carried them one part of the way and I the other, till we came to Leicester Fields, where I met two brother chairmen ; there I gave him the bag, and he carried it into a publick house in the Hay Market; when we came out, I said, if you'll carry it farther I'll give you a pint of beer, so he carried it to King-street, St James's, and then to the Red-Lion in York street, where he set it down in the corner and fell asleep; it being my property I took it away with me; we were both drunk; I suppose he thought himself not able to be a chairman, so he took the advantage of me to get money out of me.
Guilty 39 s.
78. (M.) Patrick Nugent , was indicted for that he, on the 11th of December , about the hour of one in the night of the same day, the dwelling house of Hannah Ridley , widow, did break and enter, with intent the goods of the said Hannah to steal, &c. +
Hannah Ridley . I keep a publick house in Little-Wild-street . About eleven o'clock , on the 11th of December, I shut up my house as I generally do, and went to bed; in the morning the watchman knocked at my door, so I opened my window, he said your house is open, then I came down with my gown loose before me, the drinking room was open, but I could not get in without taking down the sash door; the watchman said, don't go into that room till I come in, so I opened the street door and let him in ; we went into the drinking room, and there I saw the print of a foot on the long table and the window shutter open, which was keyed within side when I went to bed, I put in the pin, and a woman within keyed it, but whether the key went home I know not.
Q. Did you miss any thing?
Ridley. No, I missed nothing: the watchman searched about, and at last found the prisoner in the stable-yard, who can give an account of it.
John Taylor . I am a watchman; In Great Wild Street, on the 10th of last December, calling the hour One, by the light of my lanthorn I saw the prosecutrix's window open; on which I knocked at the door, and she looked out at the window, I told her the drinking room was open. So she came down and lighted a candle, we went into the drinking room, there lay the key of the window, and there was a pane of glass out of the casement.
Q. to the prosecutrix. Was that pane out before?
Prosecutrix. I can't say whether it was or not
Taylor. I saw the print of a foot and felt with my finger, and found it to be kennel-dirt wet ; I went and searched about, and at last found the prisoner lying on the tiles at the bottom of the yard on his belly without his shoes; a brother watchman came to my assistance; we found the pin of the window in his right hand pocket, so we brought him to the constable, and he was committed.
Ellice, the other watchman, confirmed that of seeing him on the tiles, and securing him.
Elizabeth Carr . I put the key in the pin of the window within side over night, but whether it went through so as to spring I don't know, but I know the casement must be shut before the shutter would go to, to pin, which was at that time.
I went there thinking to lie along with a youn g man that I had lay with before, and the door was shut, but about five yards from the window I found this pin of a window and saw the window open, so I went through the window; this was about eleven at night, I put the pin in my pocket, and thought to go up stairs, but found the door was locked, so I went backwards, where I lay and fell asleep till the watchman came, and took me away.
Guilty, Death . Recommended to mercy .
Nathaniel Shrubjole , who had made information against one of the name Puttey, otherwise Small, (upon which information the advertisements and proclamations were made) appeared in court, and deposed, that the prisoner was not the man he made information against; upon which the jury found all the issues for the prisoner .
80.(M.) WillIAM Baldwin , was indicted for that he, in the dwelling-house of Rose Sykes, widow, on Thomas Mott did make an assault, putting him in corporal fear and danger of his life, one silver watch, value 30 s. and 16 s. in money numbered, from his person did steal , Dec. 22 +
Thomas Mott . On my coming cross Drury-lane to go to Broad street, on the 22nd of December, between six and seven at night, I missed the court, and went into Angel-Court ; I saw a woman there, who asked me for a pint of two-penny, and told me there was no thorough-fare; so I went into a passage, and into a room with her: I had not been there but a very short time before the prisoner came in with something in his hand, what I cannot tell, and struck me over the breast: then catch'd me fast by the neckcloth, and d - d his eyes and said he'd cut my throat if I spoke a word : then he put his hand down and pull'd my watch out, and 16 s. in money out of another pocket. I lost my handkerchief; but, I believe, some of the women, his companions, that came me took that.
Q. In whose house was this?
Mott. It was the dwelling-house of one Rose Sykes: when I got out into the court and called Thieves! a woman standing by asked me what I had been robb'd of: I said my watch and money, and that I had a friend at the Reaking, in Broad Court, and desired her to fetch her to my assistance. My friend was not there, but there came a serjeant of the foot guards. He bid me stand where I was, and said, there is no thorough-fare, and whoever comes out of the house lay hold of them. Presently a little ragged girl came out, there were people with links, one of whom said, lay hold of that girl, she has got some money in her mouth; I did, and she spit three shillings into my hand, and another fell to the ground; I was afraid to stoop for that, fearing I should be knock'd down. Then out came the prisoner's wife, I took hold of her, and kept her, 'till a fellow rescued her from me. The serjeant was then gone for a party of guards. I took the girl, who is here to give evidence ; she declared the 4 s. was part of my money, which the prisoner had given her to fetch a gown out of pawn.
Mott. There was, but he turn'd about, and bid them put out the glimm.
Q. Have you seen the watch since?
Mott. No, my lord, I have not.
Prisoner. He said he could not swear to me, at first, but that my voice was something like the man's; but when he came to see me in Newgate. he then said, now I can swear to your person and voice.
Mott. When I came before justice Fielding to see the prisoner, who was taken up for another offence, the justice asked me if I knew him, I said then I could positively swear to his person and voice.
Q. How long after the robbery was it that you saw him first ?
Mott. It was about eight or nine days after?
Q. When did you go to live there first?
Wallace. It was about a week before Christmas: the first man that came in was the prosecutor with Elizabeth Spencer ; he call'd for some gin; I was sent out to fetch half a pint, and had a shilling to change: When I went up stairs to carry it, William Baldwin went up also with a knife in his hand, and took the gentleman by the collar.
Q. How long had you known the prisoner?
Wallace. I never knew him till I went to live with his wife: I saw him take 16 shillings and a watch from the prosecutor, after which they blew the candle out. The gentleman went down stairs, then they lighted the candle again, and I saw the prisoner give the watch to his wife; he gave me four shillings of the money he took to fetch my gown out of pawn.
Q. How long was this after the prisoner took the money?
Wallace. It was about an hour after: Just as I was going out of the door, the gentleman took hold of me, I had the money in my mouth, which he took out of my mouth.
Q. Where was the prisoner's wife at this time?
Wallace. She was in the house at the time of the robbery, below stairs; she came out and the gentleman took hold on her; but a man that was there took her away from him.
Q. Did you tell the justice the same story you have told here?
Wallace. I did.
Q. Who was above stairs at the time the man was robbed ?
I don't know that girl ; I don't know I ever saw her above once in my life, and that was in Drury-lane. I don't know the person they mention for my wife; I have no wife. I liv'd with Ann Sykes , but am not married to her. I have been at sea, and at my return found she went on in a very bad manner; so I do not live with her now.
To his Character.
Q. What is your business?
Price. I am a carpenter.
Q. Are you any way related to the prisoner ?
Price. No, I am not.
Q. What is his general character?
Price. I never heard any thing dishonest of him till this unhappy accident.
Q. How long is it ago since he worked for you?
Price. It is about three years ago.
Q. Have you known him down to this time?
Brusiter. I can't take upon me to say that I have ; for I have not seen him, 'till now, this quarter of a year.
Q. What are you?
Wellbeloved. I am a joiner; he is a carpenter.
Wellbeloved. It is about a year and half ago.
Guilty , Death .
81. (M.) Elizabeth Jones , spinster , was indicted for stealing one feather bed value 5 s. one quilt value 1 s. one pair of linnen sheets, one washing tub, three pottage-pots, one pair of bellows, one copper tea-kettle, the goods of Martha Crosly , widow , in a certain lodging room let by contract, &c . October 1 . ||
Martha Crosly . I let the prisoner a room about May last ready furnished, and she has from time to time taken away the goods mentioned in the indictment, and I was informed she had pawned them in divers places, so I took her up on New-Year's-Day, and she begged forgiveness, and said she would fetch them again as soon as she could; she told me the bed was at Mr. Peacock's.
Prosecutrix. I have seen these things at Mr. Peacock's, and they are my property.
Prosecutrix. I have seen these things at the witness's house, and they are my property.
I have lived in the prosecutrix's house ever since last April, and have had a great deal of illness, and could not pay the rent of the room. I gave her a shilling the Saturday after Christmas-day, and went to work on the Monday, and came home again at night; going out on the Tuesday morning she brought an officer after me, and took me before justice Gower ; then I gave her the key. Ask her, if she did not say to me, she did not care what became of the things so that she had them again, or how I got my money, either by thieving or whoring.
Prosecutrix, I never said any such thing.
To her Character.
Guilty 4 s. 10 d.
John Pixley . On the second of this month I was coming from George's-Fields and through St. James's park , and had about 18 l. in my side-pocket; in the park I met the two prisoners, who said to me, good night; I said, a good night; Lumley came to me and said, my dear, my soul, and immediately snatched my watch from my fob ; I said, you have got the wrong man, and took hold of her; she called the other prisoner, who came and took the watch from her hand and made off under the rails; I bound Lumley, and said, if you'll step forward I'll catch her and get my watch again. I took her up and put her over the rails; the first was very impudent, and the other much worse ; I could not get Lumley to go fast enough, and the other got off with the watch.
Q. Had you said any thing to Lumley before she took it?
Pixley. No, I had not said a word, it was done in an instant.
Q. What did you lend her on the watch ?
Newton. I lent her a guinea and half on it. The watch was produced in court and deposed to by the prosecutor, name, More, Ipswich
John Morgan . Anne Lumley lodged at my house in Westminster, it was her usual way to go out in the dusk of the evenings and return about nine or ten o'clock; she sent for me on the third of Jan. in the morning to Whitehall lodge being in custody, and told me she and the other prisoner had robbed a gentleman of a watch in the park, and desired me to go to her at a butcher's shop in King-street, so I ran as fast as I could, and was there informed that she was just gone down stairs with a man that had lain with her all night; I went and found her, and had her before justice Ledrand ; she wanted to be admitted an evidence in this robbery, and said she had been concerned in divers robberies about Westminster with Lumley. She there owned she had pawned the watch for a guinea and half to this Mr. Newton, and that she thought at first Anne Lumley had put a snuff-box in her hand; that then she ran away with it.
Thompson. All that Morgan has said is as false as to say I am now standing on the top of St. Paul's church.
My husband was killed in a battle abroad where this gentleman was, I knew him there, he was an officer's servant, I met him about six o'clock in the park, and he called me to him, saying, come and oblige me, my dear, and I'll do you a favour; he said he knew me very well; I told him I lived at the Green Canister in St. Martin's-lane, and that I was not a common person in that way, but was reduced very much, and a little money would be of service to me, but I would not take any body home; he said, I'll give you a crown to morrow if you'll be agreeable, as we know each other, but I would not, so went away; then he called to me again, and said he would leave his watch with me, and be back again in about eight days time, so I obliged him, and after that he wanted his watch again; he came to me after that and said, what, are you going to pawn my watch? I said, you are dishonourable to make use of my body, and then to want it again without the money, this other woman heard him, I gave it her to secure it, so he took hold on me like a little bundle, and jumped me over the rail, and confined me. I sent a letter, to Mrs. Thompson to bring me the watch again, for the gentleman; after this he promised to give me half a guines, but instead of that he put me into a dark hole.
Q to the prosecutor. Have you been abroad ?
Prosecutor. I have been in Flanders, but not the time as she mentioned; she said before the justice her husband was killed at the battle of Dettingen, I was not there, but have been at battles as a servant, and was always a volunteer.
Prosecutor. No, I did not,
Q. to the pawnbroker. What time did Thompson bring you the watch?
Pawnbroker. It was between 8 and 9 o'clock.
Both guilty of stealing , but not privately from his person .
Matthew Macure . On the 21st of September, David Watson , Anthony Meadows , and I, were sitting at the shop window of Mr. Noyes, a shoemaker in Rosemary-lane, the deceased's wife came to me and asked what I meant by calling after my uncle, (the deceased was my uncle) who was by at the time; I said I did not call after him; she meant when he and she went down the street before. For fear of any disturbance I got off the seat
Q. Had your uncle spoke to Anthony before you left them?
Macure. No, he had spoke to none but me. Anthony said to the deceased, get up, but he made no answer; then he gave the deceased a blow as he lay on his throat, so I ran to fetch my father, but he was not at home; presently I met Anthony Meadows coming up the yard where we and the prisoners lived; I said he might depend on a warrant in the morning for striking my uncle; so he said I could not have a warrant for that, for he took care to strike him where there should be no marks, and that if it was to do he'd do it again. About eleven at night of the same day I heard some rusting and blows in the yard as I was going to bed, so I opened the door and looked out, and saw Anthony Meadows had the deceased by the collar beating him; the deceased held his head down all the time, he did not strike again as I saw, he only had hold of Anthony. The father ( Thomas Meadows ) had hold on the deceased's wife's arms so that she could not get one way not the other till it was over. My father came up the yard and parted them; she called out, murder! all the time; my father ordered my uncle to go home about his business, he lived in the Little-Old Bailey; he did not go home, but lay at one Kitson's in the same yard. After this, my uncle's wife began to make a noise in the yard, so I said to Anthony Meadows , let's go for the watch to take her away; we went, and returned again, and then I went to bed. After that, she made a noise about her husband's being beat; soon after, my uncle was very bad; I asked where his pain lay, he said in his stomach occasioned by the blows the rogue gave him. He died about eleven weeks after that.
Macure. No, I did not.
William Miland . I live in the same yard where the prisoners do. On the 21st of September, after I was just got to bed, I heard a quarrel in the court, there came Thomas Meadows , the father, up the court and said, all and every stone said w was his; the deceased's wife said to him. your has robbed me of ten shillings, he answered, that he had brought up his son better than to do that then he went and knocked at his door, and Anthony came running out and struck the deceased and on the first or second blow he sent to the then Thomas Meadows laid hold on the deceased, wife's hands, and held her, saying, Anthony the dog, pay him well. The deceased eased out what is this for? Anthony kept hold on collar, and continued beating him about his belly. Thomas Meadows said, if he could not do it, I have got a son about nine years old should lick him. and if that will not do, I myself will fight him for a guinea ; I was looking out of a window, and the morn shone very bright. I was present when the man died, and about a quarter of an hour before he died he said Anthony Meadows was the occasion of his death.
Mrs. Kitson. I live within three doors of the prisoners. Near eleven o'clock that night Mr. Meadows came into the yard very much in liquor as I thought, and said every stick and stone of this place is mine, and that son of a b - h, G - d d - n him, I'll make him piss vinegar, and clapped himself by me on a bench at my door; by and by came the deceased up the yard; said Meadows, you little animal, you son of a b - h, what do you want here? said the deceased, I'll let you know I have as much business here as you have, I am going to my brother's. Meadows said he would send for a boy nine years old that shall kick your a - e ; he called Anthony out, who struck the deceased, and he fell down, and got up again ; they scuffled together, and fought up in a corner; his wife came and said, you dog. are you going to murder my husband? the woman squealed out, murder! three times; the deceased groaned, so I went to him and said, Anthony, don't kill the man; after which he let him alone. The deceased lay at my house that night; the next morning I said to Thomas Meadows , this man has been used very ill, he is sadly bruised, and has vomited a great deal in my room; I believe he vomited the quantity of a gallon and better. Thomas Meadows sent him a bed to lie on, and sent me for some Irish slate for him.
Q. Was the deceased in liquor?
Kitson. I can't say he was?
Thomas Macure . The deceased was my own brother, I was part of that day along with him with a son of mine, who was going to Portsmouth; we came to his house in Rosemary-lane, and I was with him till about four of the clock; then I went out, and did not come in till ten at night, and when I came home I saw Anthony Meadows having my brother up against the wall, beating of him about the stomach and belly; I parted them and went to bed, so did not see the beginning nor end. They went to it again by report.
Q. Was your brother in liquor?
Macure. He was not as I could discern ; the next morning his wife came to borrow two shillings to pay for a coach, and told me her husband was almost murdered, and when I went to see him on the Sunday following he repeated these words, I have got my death inwardly, and Anthony Meadows is the cause of it.
Macure. He never had a dropsy in his life; he was a very healthy man, and told me this was the cause of his death, an hour or two before he died.
Christopher Hays . The day after this happened, the deceased was brought to my house in a coach; I live in the Old Patley, and he was a tenant of mine ; his face was very much bruised on the left side; he said I am a dead man, and leaned his head down on the table, it was done by Thomas and Anthony Meadows : I said to his wife, who does he mean? She said they were two carpenters in Rosemary lane. I said, did they both abuse you? he answered, Thomas did nothing to affect my life, but the other had stamped upon him, and kick'd him on the left side. Thomas Meadows came several times to see him, and brought him stuff in a bottle, and other things.
I was coming home about 11 o'clock that night, and coming into the court, there was the deceased and his wife swearing and cursing : they said, here your rogue of a son has beat me, and robbed me of ten shillings and a handkerchief. I said, I had educated him better than to do so. My son was opening the door; and said, how can you say I robb'd you of ten shillings, when you borrowed one shilling to give earnest for some earthen ware to day. He and his wife both struck my son, and she struck me also in the face; then my son and the deceased had a struggle together for about a minute, and then it was all over. After that he came up again in a riotous manner, and I stood before him, and shov'd my boy in doors; then we both went to bed, and left them raving. After that I got out of bed to the window, and said, if they did not cease their noise, and go away, I'd charge the watch with them.
For the Prisoner.
David Watts . On the 21st of September I came up Rosemary-lane, and saw Anthony Meadows , Matthew Macure , and Samuel Jones ; one Mr. Kitstone came, and asked Anthony Meadows , if he'd go and write him a letter; which, he said, he could not, because he expected his father to come home: so then Jones went with him and wrote the letter. In the mean time, Matthew Macure , Anthony Meadows , and I, went and sat upon mr. Noyes's bulk: Then the deceased came by, and Anthony called him; but he went off a little, and then came again : the deceased's wife was with him, who asked Anthony, if he had nothing else to do, than to sit there to make game of her husband? and called him hopping thief : they quarrelled, and Matthew Macure and I left them. I saw the deceased strike Anthony with a stick cross the face, and then Anthony Meadows went to lay hold of him.
Q. Did you see the first of it?
Watts. I believe this was the first of it; the deceased's wife came to assist him, Anthony bid me take care of her, so I took her and set her down
Lawrence Wallace . I live in the yard where the prisoners do: As I was coming home, the 2d of September, about 11 o'clock, Mrs. Kitson, and the deceased's wife were standing at my door ; I asked who is there? They said, a man had been beat and used very ill. The man was grumbling as though he was dying. In the morning Mrs. Kitson told me he had vomited three pints of blood, but I saw no blood at all: after that she told me he fell down four steps into a cellar.
Mr. Sharp. I am a surgeon. I was desired to attend to see the deceased's body opened; his belly was extremely full of water, there was as much water as any body of his size possibly could hold, and his bowels had the same appearance they generally have in such cases; his liver also was very much diseased, and one of his kidneys, and he had some adheasions in his lungs; all these symptoms are very common in dropsical subjects.
Q. What in your opinion was the cause of his death?
Sharp. He died of a dropsy undoubtedly.
Q. Were there any external marks on him from bruises ?
Sharp. There were none, nor internal neither.
Mr. Blackwell. I am a surgeon, and was at the opening the deceased's body, in which was a prodigious quantity of water, and all the symptoms that I saw in his body were such as always appear in those that die of the dropsy.
Barnard Bourize . I was in company with Mr. Miland in Rosemary-lane, who said he was going to swear against a neighbour for murder, which was Mr. Meadows, that he and Meadows had a quarrel before, and now he should be up with him, for if he is hanged he should have a Tyburn ticket for it.
Both acquitted .
Richard Jennings . I am a joiner , and my wife keeps a cheesemonger's shop at Charing-Cross ; I was in the cellar, and on the 27th of December, about nine at nights, I heard the cry, stop thief! so I went up stairs, and there was the prisoner down on her knees, and asked me to forgive her, saying it was the first time.
Q. What was she charged with ?
Jennings. With stealing a cheese and almost half another, which was then in the shop. I did not see her take it.
Frances Jennings . I am wife to the prosecutor I was gone into the parlour, at which time the prisoner took an opportunity of coming into the shop, I did not see her come in, but I saw her go out, she had a clock on.
Q. Was the parlour door open?
F. Jennings. It was shut, but it is a glass door, through which I saw her, so went into the shop directly, and missed a whole cheese and almost half another, which just before were standing one upon another.
Q. How near to the shop door?
F. Jennings. They were about two yards from it on a block; I called out, and my two boys followed her, and took her within a 100 yards of the door, and brought her and the cheese back again; she asked my pardon on her knees, and said she never did such a thing before. The cheese was produced in court and deposed to.
James Jennings . My mother called out, stop thief! I was in the parlour with her; I and my brother ran out and stopped the prisoner about three doors from our shop, she had the whole cheese under one arm and the piece of cheese under the other. My brother took it from her. There came a man as she was going to cross the way, with whose assistance we brought her back again; these are the same cheeses which are here produced that we took from her.
Q. Had you seen them in the shop before that time?
Jennings. I had about a quarter of an hour before, they were standing on a block on the right hand in the shop; the prisoner fell on her knees and asked pardon, and said she never did such a thing before.
I don't chuse to take my trial, except I first see whether they are the same cheeses that were taken from me.
Court. They have swore they are.
Guilty 4 s. 10 d.
Joseph Hall , was indicted for that he, together with Charles Sickamore and Jonathan Ward, on the first of December , about the hour of seven at night on the same day, the dwelling house of William Grubb , did break and enter, one cloth coat value 2 s. one flannel waistcoat value 6 d. one pair of leather breeches value 2 s. two linnen gowns, one stuff gown, one camblet gown, two quilted petticoats, and one perriwig, the goods of the said William, in the dwelling house did steal, take, and carry away . +
Q. What is your husband's name?
M. Grubb. His name was William, he died since the affair happened; I went to the work-house on the first of December about seven o'clock in the evening, and left my three children in bed in my house; I latched my door (it has a particular latch, which people, who don't know can't open) I put my knee against it and found it was fast. When I returned I found it latched, but the latch was bent, and the candle, which I had left in my bed-chamber, was blown out.
Q. How long had you been gone?
M. Grubb. I returned in about half an hour, and found the laths broke through on the cieling, and in the morning I saw on the outside that the tiles were taken off, and two bricks were taken out of the wall; I missed four gowns, a coat, waistcoat, and breeches, a child's set of cloaths, that is, a stay and coat, two petticoats and a perriwig; some of them were taken from out of a trunk, some from pins where they hung, and some from off the bed.
Q. Was the trunk locked?
M. Grubb. No, it was not.
Q. Are you sure all these things were in your house when you went out?
M. Grubb. I am sure they were, my lord.
Q. When did you see them last?
M. Grubb. I saw some of them when I went out, because I could not help going by them.
Q. Was the cieling whole at the time you went out?
M. Grubb. It was; the next day there were three men at work in the fields, I told them I had been robbed ; they told me they had seen three men loitering about the fields, and that the prisoner and Charles Sickamore were two of them. I went to London, and got a friend of mine (name Berry) and another person (name Bath) to enquire after them, and in about three days after the robbery the prisoner was taken up and had before justice Fielding, where he said, please to admit an evidence, and I'll tell the w hole truth and be very good, but the justice knowing him to have been an evidence before, would not admit him again. Mr. Berry found out Elizabeth Wale , who is come-here to give evidence, he sent for me and told me a gown and coat were at Mr. Hall's, a pawnbroker, in Fox Court: we found some other things stopped on Snow Hill at Mr. Brown's. I have found another gown at another place, but the woman will not let me have it.
Q. How near to the prosecutor's house?
Haythorne. I met them near the turnpike, about a mile from the prosecutor's house, and saw them the day before the robbery about a quarter of a mile from her house. The prisoner wanted to be admitted an evidence before the justice.
Q. What were his words?
Haythorne. He said, if the justice would admit him an evidence, he'd tell where all the things were, and how he came by them.
Elizabeth Wale . I was going home at the top of Field-lane with my child in my arms about seven weeks ago, and met Charles Sickamore and Joseph Hall, it was in an evening about six o'clock, and Sickamore asked me to carry my child home and go of an errand for him to pawn something, he said he and Hall had been to Rag Fair, and bought them of a woman there; they both said they came honestly by them, and laid this gown and petticoat and other things into my lap; I went and pawned them for 8 s. 6 d. and they gave me a shilling for my trouble.
Q. Who did you deliver the money to?
E. Wale. I delivered it to Sickamore
Q. Where was the prisoner at the time you went to pawn the things ?
E. Wale. Both staid at the pawnbroker's door.
William Knight . I am servant to Mr. Hall in Fox Court, Gray's-Inn-lane, he is a pawnbroker; I took in this gown on Friday the first of December about eight o'clock at night of Elizabeth Wale , and lent her 8 s. 6 d. upon it.
Knight. She said they were her property, and that she kept a stall in Fleet market, and wanted money to buy goods.
Thomas Ind . I apprehended the prisoner, and carried him to New Prison, and then to justice Fielding; after that we took Sickamore and the woman, and by her directions we found some of the things. The prisoner desired to be admitted an evidence. After the things were found I went to the prison for him; there were he and Wale together. Hall told me first, they gave the woman a shilling and some child-bed linnen for her trouble; he desired me to do what I could for him towards getting him admitted an evidence, but the justice would not admit him. He there confessed that he, Sickamore, and another man (I don't know his name) went out together to a house by Pancrass work-house. Sickamore, being a pan-tile maker, was, by the other two, lifted up on the tiles, then he pulled some off from a place on the house, but the rasters were so close he could not get in, then he got down, and they put their backsides to the door and burst it open, they went in, there was a candle burning; then they took out these things, some from out of a trunk, and at coming out of the room they blew the candle out. I took a wig from Sickamore's head that the prosecutrix owned and said it was her husband's.
Samuel Watts . I was at the taking the prisoner; after which justice Fielding ordered him to be brought from New-Prison a second time; going along he asked me if I would get him admitted an evidence ; I said I would do what lay in my power if he would confess the whole truth to me, so he began and told me, that he, Charles Sickamore and Jonathan Ward went out with an intent either to break some house, or rob somebody, and that they were in Pancrass fields about three o'clock in the afternoon, they met nobody which they thought proper to rob then they concluded to go and rob some house; that they saw a woman go out of this house into the work-house, so they concluded to rob that; then they lifted Sickamore upon the tiles, but he could not get through between the rafters; then they went to the outward door, but could not find any latch, so Sickamore and he put their backs against the door and burst it open; then they went and searched all the rooms, they took a gown, petticoat, pair of breeches, and other things, and brought them away, blew the candle out and gave them to Wale to pawn, which she did, and they gave her a shilling, and that he and Sickamore were with her when she pawned them.
This Charles Sickamore had some money sent him out of the country, he said he'd treat me, so I went and drank part of a full pot of beer with him; he bought some things for 18 s. of a person; we met Elizabeth Wale , and he got her to pawn them. These people will take any man's life away for any thing, they are thief-catchers, and have hanged many a man for the lucre of nothing.
Guilty , Death .
John Turner . I live with Mr. John Sage , a haderdasher, in Cheapside . On Monday the 8th of December, the prisoner came into our shop about twelve or one o'clock, as she usually did about that time, she wanted to buy some sewing silk, or to change some, I had suspected her the day before; she had bespoke a capuchin at our shop and bought the lace to trim it; we sent her backwards that we might have an opportunity of counting the bundles of silk thread, which we did, and there were six of them, I left her to look for what she liked; some of these bundles contained a quarter of a pound, some half a pound, and some three quarters ; they were several kanes tied up together. When I was on the other side the shop, I thought I saw her putting something into her pocket; as she was sambling about with her cloak she chose her silk and paid for it ; I let her go out of the shop and pass three or four doors; after I had told the bundles I fetched her back, and taxed her with taking a bundle, but she denied it very much, and said I was mistaken ; I took her about three or four yards into the shop, I thought I saw her fuoibling under her petticoats, so pufled her a little on one side and found the silk lying on the floor under her; then I called the other people which were in the shop to see it as it lay, there were seven or eight customers, and all at that time; then she was carried backwards,
Q. Are you certain the silk did not lie on the floor before you brought her back ?
Turner. I am certain that it fell from her. The file produced in court and deposed to.
He is very much mistaken, he must certainly drop it by carrying it between the two compters.
For the Prisoner.
Guilty 4 s.
Jacob Thompson . The prisoner was a labourer , and worked for me from the third of December. I am a gardener , and had a horse of Alfred Mumford to make use of. The prisoner having robbed me of some pottatoes, I went to ask one Mr. Scarlet who had bought them about the affair. The man asked me if I ever lost a horse; I said this horse of Mumford's was missing, he was broken-winded and sway backed. That man bid me enquire of Thomas Day , the Southampton waggoner, so I went and met him about the 12th of December, and he told me he had sold this horse as I have described to one Timothy Gates , at Egham, for 15 shillings, for the prisoner.
Timothy Scarlet . The prisoner came to my house some time in September, I can't be positive of the day, and called to refresh himself, with two children and a horse; he said he bought the horse of his master for seven shillings to help carry the children into the country.
Q. Did you know the horse before?
Scarlet. I never saw him before to my knowledge.
Thomas Day . I met the prisoner at Belfound, he had got an old horse, he said he was going to Winchester with his two children, and that he bought him of his master, but money running short he would be glad of me to help him, and desired that I would dispose of the horse for him; I did not think the horse was dishonestly come by, So I sold the horse for 15 shillings to one Mr. Gates, at Egham, and gave the prisoner the money; it was such a horse as Mr. Thompson has described.
Jacob Thompson . On the 30th of November last John Goddard , John Nash , and John Holeman, came to my house and asked me, if I had a tall black man worked with me, I said I had (naming the prisoner); they asked me whether I had sent him to sell any pottatoes or onions; the next day came two another men to tell me the prisoner had sold some more at Hammersmith. At this time the prisoner was at the King's-Head at Fulham, where I live ; I sent these two men there, and desired them, if they saw him there, to lay hold on him, and I'd get a constable; I went and got one, and charged him with the prisoner, and took him to justice Beaver at Hammersmith ; there were three men who came and brought me part of my goods, which I know to be mine, they are of the Spanish kind; there the prisoner did not deny taking them, but said his dame sent him to sell them. The justice ordered me to send for my wife, who came, and he was committed.
John Goddard . The prisoner came to me on the Wednesday night before he was taken with some white Spanish onions, and I bought six-pence of him; he left the remainder of them in a my landlord's till the next night, when he said had fetch them. I had some suspicion, and was to tell the prisoner my mind, and ask him his master sent him, which I did when he came
Q. Did you carry any of the onions to the justice's which you bought?
Goddard. I did not, but my landlord did three or four of them, which he had bought of the prisoner.
John Holeman . I bought a sack of potatoes of the prisoner at the bar about a month before he was taken, and also half a bushel of onions, I carried three or four of the onions to the justice's when the prosecutor and prisoner were there, and the prisoner there said his mistress sent him to sell them.
Q. What did you give him for them?
Holeman. I gave him three shillings for the onions and one for the potatoes; the prosecutor said before the justice the onions were his property.
John Nash . The prisoner brought a sack of potatoes to Mr. Holeman's house upon his master's mare, about a week before he was taken, he brought them into the house and shot them down. My master bought half a hundred, and I bought six penny worth of potatoes. I heard him say his mistress sent him with them before the justice.
Mary Thompson. I am wife to the prosecutor. I never sent the prisoner out with potatoes or onions in my life to sell. My husband is a very infirm man, so lame that he is obliged to sit in his chair for days together ; I go to market and sell the goods, all goes through my hands ; I have no need to send goods out privately to sell for me.
My mistress sent me to sell these goods for her, being short of money; I have put goods in the boat for her several times unknown to my master.
Prosecutor. My wife is the only person to go to market, all goes through her hands. I am a lame man, and have been for years.
90. (L.) Mary Butler , spinster , was indicted for stealing one linnen apron value 6 d. one sheet value 2 s. the property of Thomas Towers . It was laid over again for stealing them, the goods of . It was laid over again for stealing them the property of persons unknown, September 30 .
|| Guilty 10 d.
Nicholas Emanuel Gabriel . On the 30th of Dec. betwixt seven and eight o'clock, I was going into a coffee-house; when I was at the corner of Fenchurch-lane, the prisoner was behind me, and I felt him put his hand into my pocket; after that I put my hand in and missed my handkerchief; I had just before used it in blowing my nose; I turned about and saw there was nobody near me but the prisoner; I jumped upon him, he shamm'd the fool or being fuddled ; I pushed him into a coffee-house, there were gentlemen that knew me, who searched him, and found these nine linnen handkerchiefs upon him of different quantities and qualities. They were produced in court, but nobody owned them.
Q. Was your's amongst them?
Gabriel. No, it was not, my lord.
John Piggot . I was coming along Snow-Hill on the 16th of December last about six in the evening, and at the end of a place called Ten Bells Court there were the prisoner and two other men came near me, I felt something tug at my pocket, so I looked and saw the prisoner's hand in it, he snatch'd my handkerchief out and gave it to the other two, and they both ran away. I secured the prisoner immediately and took him to the sign of the Swan and sent for a constable, who took him to the Compter, and from thence before my lord mayor, who committed him to Newgate.
I was on the other side of the way going down to Field lane, and the prosecutor called after me and said, kip, so I turned about and asked him what he wanted with me; he said I had picked his pocket.
Guilty 10 d .
93. (L.) Timothy Murphy . was indicted for forging and making a certain will and testament, purporting to be the last will and testment of John Willkinson , and publishing the same with intent to defraud .*
Dated May 5, 1747.
Thomas Nodes was next called, but objected to by the prisoner's council as not being a legal evidence, as the prisoner, with the assistance of one Mr. Goddard, had been before the grand jury last sessions, and there found a bill of indictment against him for the said forgery. Note, Nodes's bill was found against the prisoner in October sessions; but this was overruled in court, and Mr. Nodes sworn.
Thomas Nodes . The prisoner at the bar was one of the sailors on board one of the royal family privateers. He came to me the beginning of February 50-51, I lived then in the new buildings in Goleman-street, and acted as book-keeper to Mr. Belcher and other managers of the royal family privateers. He has been frequently at our office. I was present when he received his own part, he brought a person with him once in the name of John Daunt . I never saw him before; he brought a will and power, which he told me was the will and power of John Wilkinson , whom, by our book, I knew to be on board. He told me that the man he had brought with him was named John Daunt , who kept a publick house at Lisbon, that he had frequently drank at his house there with Wilkinson, that he knew him to be a very honest man, and desired I would write to Mr. Casamaijor at Bristol (who was the agent appointed to pay the people for their services on board and prize-money) he came for the money due to John Wilkinson for his service on board one of the vessels. They both of them tell me that Wilkinson did lodge at the house of John Daunt at the time the ships were sitting out for a second cruize. Murphy told me Wilkinson died on the coast of Guiney; I ssured them I could not, as he was dead, pay the money upon the power of attorney; then Murphy proposed to go to the Commons to prove the will, and mentioned a proctor's name; I then told him he might as we to Mr. Crepany. I believe this was on the 9th of February, they returned back on the same day with the will proved, and desired me to make out a power of attorney for me to receive the money for Daunt of Mr. Casamaijor; I made one out, and Murphy was witness to it ( He produced it.). They went away from me and returned in two days after, and brought it re-executed before the then lord mayor ; I then wrote to Mr. Casamaijor, who remitted me the money; and on the 19th of February I paid it him that went by the name of Daunt; his right name is Thomas Williams , it was 37 l. 12 s. I took a receipt, John Williams signed the name John Daunt to it, and Murphy was present at the time. There were deducted back about 40 shillings for paying the whole; they had not money to pay Mr. Crepany's Clerk, so he sent it to me to take the money of me; I believe they gave me about a guinea for my trouble and expences in writing of letters, and paying postage. Murphy at that time desired Daunt would give him something for his trouble in shewing him the way to Doctors Commons, so Daunt gave him half a guinea, Murphy grumbled and said it was too little ; then they went away. I seen Wilkinson since, he is living. After I found it was a forgery, I made enquiry after was person called Daunt, and Murphy, and at last got of Murphy, so I got a warrant and constable, and took him at Newington in Surrey After which he made his escape from the constable but we soon retook him When I told him what he was for he said he threw himself as any feer and hop'd I would not take away his line; he had but little to say for himself. He was committed upon this, and the
Q. When did the grand-jury find this bill we are enquiring into now?
Nodes. It was found in October sessions; I had preferred one in September sessions, but that was thrown out. I was informed the man who went by the name of Daunt was in goal in Ireland, so I went there to him, his right name is Williams. He owned he was the man that came with the prisoner and took the money, and I remembered him immediately.
Thomas Williams . I was acquainted with the prisoner about a month or five weeks before the beginning of February 50-51, I met him at a bawdy house near Charing-Cross, in January that year, and he told me he had something to relate to me, so swore me to secrecy; then he told me, there is one Wilkinson that belongs to the Princess Amelia, a private ship of war, that is dead on the coast of Guiney, and the money can be taken by any body. He wrote a will, purporting to be the last will of this Wilkinson, to me in the name of John Daunt , and put two witnesses names to it, Thomas Macarty and Dennis Collings , and he made a power of attorney to me likewise in that name. Then we went together to Mr. Nodes, but could not get the money upon the power after he had shewn the will, so we carried that to the Commons, and I proved that; then we went to Mr. Nodes with it again, and I made a power of attorney to him in the name of John Daunt , so he wrote to the agent at Bristol and got the money, and we went to his house again, and he paid me the money, upon which I wrote him a receipt; then the prisoner made me give him half the money, and he charged me two guineas for writing the will, besides the half guinea that he had of me at Mr. Nodes's house, which we agreed upon to blind him.
Q. Did you ever see this before?
Alderman Cokayne. This was re-executed before me.
Anthony Devoyer . I am clerk to Mr. Crepany the proctor In February 50-51, there came two men and applied to me, in the absence of Mr. Crepany, to prove a will of John Wilkinson , the executor's name was John Daunt , and he applied to me to get a probate, and said the testator was a batchelor and died on the coast of Guiney. (He is shewn the will) This is the will, here is my writing upon it.
Thomas Dyer . I took the prisoner up at Newington in Surrey, he wanted to know what he was taken up for; Mr. Frith, who was with me, said it was for forgery, and asked him if he knew Mr. Nodes, and he said, yes; I walked by the side of him, so he turned on his heel and ran away; I ran after him, and called out, stop thief! and he called out as he ran, a poor debtor! a poor debtor! he took up a brickbat, and swore he'd kill the first man that should oppose him, but we soon took him again.
Mr. Woodman. I am keeper of Wood-street-Compter, and remember the prisoner's being brought to the Compter the day this commitment bears date, July 27, (holding it in his hand).
The commitment read in court, part of it to this purport.
That he was charged before alderman Chitty, on the oath of Thomas Nodes on a violent suspicion of being concerned with one John Daunt , not yet taken, in publishing a false, forged, and counterfeit will.
As the council for the prisoner had produced in court the indictment against Thomas Nodes , which might have some weight with the jury towards descrediting him with them, the council for the crown moved that witness might be called to his character, which was granted. And
Nicholas Magenes , Esq: (who had known Thomas Nodes seven or eight years) James Laroach , Esq; eight years, John Ellice , Esq; six years, Mr. Alderman Ironside seven or eight years, and Henry Casamaijor , Esq; ten years, appeared and gave him a very good character.
Guilty , Death .
N. B. For the further particulars of this very remarkable trial, we must refer the readers to the trial at large which will very soon he published, with the judge's charge, and counsellors pleadings on both sides.
Jacob Levi . On the 26th of November I sent a box of silver buckles with iron clasps, and they weighed 57 7dwt. chases and all, from Hounsditch , where I live, to the book-keeper at the Saracen's Head in Friday-street , to go by the coach Exeter.
Q. Who did you send them by?
Levi. I sent them by one Mordecai Solomon , a servant of mine, who is very ill at home; after that I received a letter from Mr. Coffin, telling me he was surprized he had not received them according to advice.
Q. Have you seen them since?
Levi. I have, the box and some of the buckles at justice Fielding's, about a fortnight after I sent them.
Q. When did you first see the prisoner at the bar?
Levi. At that time before justice Fielding.
(He is shewn a deal box, and some silver buckles, with iron chases in it.)
Levi. I can swear to the box, and the buckles are like them which I sent, they are mine to the best of my knowledge, but I don't swear to them, because one buckle may be like another.
Q. Where do you live?
Twaling. I live under Gray's-Inn-gate, aad keep a cutler's shop. I happened not to be at home at the time; he was to come again, then I was at home, he brought two pair of silver shoe buckles and one of knee buckles ; I was sensible he could not come honestly by them by the price he offered them at, so stopped him and them. I asked him how he came by them, and he told me his father was a labourer at Exeter, and that he had given him about eight or nine pair of such in order to defray his charges up to town; he said also that his father dealt in such things. When I got him to the publick house he confessed how he came by them; he said he lived with Mr. Merryweather, who keeps the Saracen's-Head in Friday street, that he found the box in the yard; them I sent for Mr. Merryweather in order for him to enquire of the book-keeper if there was such a box there directed to go to Exeter; in the mean time he had given me the key of his box, and I went to the place where he had taken lodgings by his directions at a gunsmith's, and searched his box, and found this box with buckles in it, which is here produced; he told me likewise he had sold seven pair of the silver shoe buckles and one of knees to Mr. Baskervile in Fleet-Street; he told me also there were some stopped in the Strand, and that he had sold one pair of shoe and one of knee buckles in Holborn; and when his master came he confessed the same to him, but to the last he said he found the box in the yard, so I detained them there.
Q. How many pair of buckles did you find in his box?
Twaling. I found thirteen pair of shoes and four of knees.
Q. What are you?
Belchamber. I am tapster at the Saracen's-Head in Friday street, and book-keeper to the Exeter stage-coach.
Q. What did you do with the box after you received it?
Belchamber. I put it into the warehouse, that is, on purpose for that coach.
Q. How came it out of the warehouse?
Belchamber. I don't know that.
Q. What, was the prisoner at the inn?
Belchamber. He was under ostler.
Q. When did he go away?
Belchamber. I believe he went away on the Thursday morning following.
Q. When did the Exeter stage-coach set out from the inn?
Belchamber. It set out on the Monday morning about five o'clock, being the 27th.
Q. Did the parcel go with the coach ?
Belchamber. It did not.
Q. When did you miss it?
Q. Was the parcel booked?
Belchamber. No, it was not.
Q. Why so?
Belchamber. It never was a rule to book these things; we never book half what comes for the coach.
These buckles lay under the dung in the yard broke all to pieces, and I took it up as I was moving of the litter on the Monday morning.
Q. to Belchamber. Was the warehouse door locked ?
Belchamber. There is no lock at all upon the door, for has been for this half year.
95. (L.) GeoRGE Garnet , was indicted for wilful and corrupt perjury, for taking his corporal oath upon the holy evangelist of God , that he believed that Henry Creswell did take justructions of Thomas Sellers , deceased, by word, in writing a new will, and that he, the said Henry Creswell , did draw the draught of the said will.
He was acquitted without producing any evidence.
96. (L.) Henrietta Maria Parker , wife of Thomas Parker , was indicted for wilful and corrupt perjury . The written affidavit produced was not proved to be the defendant's making, so she was acquitted .
97. (L.) John Smithson , was indicted for wilfully and feloniously intending unjustly to aggrieve William Sharp , William Smith , Thomas Ward , and Thomas Weymore , and to put them to great expence, in swearing against William Sharp for detaining wearing apparel, deeds, and writings , to the value of two thousand pounds; against William Smith for detaining effects to the value of two thousand five hundred pounds and upwards; against Thomas Ward for detaining effects to the value of sixteen hundred pounds and upwards; and against Thomas Weymore for detaining effects to the value of one thousand nine hundred pounds and upwards .
Q. How long have you been in that office?
Davenport. I have been in it ten years.
Q. In what court?
Davenport. In the court of Common Pleas. (He produces a file of affidavits, and looks at one of them)
Q. Where was it made?
Davenport. It was made in Wood-street Compter.
Q. How do you know that?
Davenport. I went there and swore him.
Q. Do you know who that Smithson is ?
Q. How do you recollect him?
Davenport. He then made objections to me in the cause, I took particular notice of him and my going there on the occasion.
Q. Are the processes issued out of the office where you are deputy.
Davenport. They are.
Q. Where is your deputation? (He produced it. )
Q. How many deputies are there of you?
Davenport. There are two of us.
Q. Are you certain the prisoner is the man that swore that affidavit before you?
Davenport. I am, he was then in the same cloaths he is now in to the best of my knowledge.
Q. Who came for you to go to him?
Davenport. I don't know the person again; he came and said I must go to Wood street Compter to Mr. Smithson.
Q. Was the affidavit ready drawn?
Davenport. It was, as is usual.
Q. Did you see him sign it?
Davenport. I did, and, to the best of my knowledge, he signed Barrister at the bottom.
Q. Did he read it over before he signed it?
Davenport. He looked upon it, but whether he read it all over I can't say.
Q. Was he sworn upon the new testament?
Davenport. He was.
Q. Did he kiss the book?
Davenport. He did.
The affidavits read to this purport in the Common Pleas.
John Smithson , plaintiff in this cause, late of Westminster, in the country of Middlesex, but now in the prisoner of Wood-Street Compter, maketh oath, that his cause of action against William Sharp is for detaining and keeping divers deeds and evidences, and sundry wearing apparel, the property of the deponent, to the value of two t housand pounds and upwards.
And he farther faith, that his cause of action against John Ward is for detaining and keeping divers deeds, evidences, and writings, the property of this deponent, value one thousand six hundred pounds and upwards.
And his cause of action against Thomas Weymore is for detaining and keeping divers deeds, evidences, and writings, the property of this deponent, value one thousand nine hundred pounds and upwards.
Q. Is this the usual form of your affidavits ?
Davenport. We have a great many, but this is a frequent method of drawing these affidavits. We have another method that some are drawn in.
Q. How is it worded ?
Davenport. That he is justly indebted such a sum of money for detaining, &c.
William Milton . I have known the prisoner from about the middle of last October in Wood-street compter. One Matthews, who said he was an acquaintance of his, came and told me one Smithson in Wood Street compter wanted earnestly to speak with me; I heard of his character, and declined going ; after that he sent me a line, and desired me to come to him.
Q. Who was it brought by?
Milton. It was brought by a porter.
Q. Did you go?
Milton. I did, and went down into a cellar there with him, he wanted to be very secret ; he told me about these actions to be brought against these gentlemen, and said his business, with me was to make out a writ against the four defendants, Sharp, Smith, Ward, and Weymore.
Q. Did he tell you their christian names ?
Milton. He did, and I took them down in writing.
Q. What was the action brought for?
Milton. Three of them were for detaining deeds and writings; and Sharp for detaining wearing apparel, deeds, and writings ; this he said was to hold them to bail upon an affidavit. When he had said this, I represented the displeasure he might get from a court, to hold four men for just two thousand pounds each; that he said was to make up eight thousand pounds. I thought that looked monstrovs odd, that there should be just two thousand pounds
Q. Did he stile himself Barrister ?
Milton. He did, and said it was to serve a man who was under misfortunes ; he said farther, that it was to save a man's life, to keep them out of the way that they should not give evidence; then I declined it, and told him it was dirty work, and said, I'll not trouble myself, nor come near you any more.
Q. Did he give you any thing for your trouble?
Milton. He did, and I never saw him afterwards till this time.
Q. Did he mention the man's name whom it was to serve ?
Milton. He did.
Q. Who did he say it was ?
Milton. He said it was Montgomery; Montgomery was with him at the time, he had the money of Montgomery to pay me.
Q. Was there any body else in company at the time ?
Milton. The prisoner and I conversed together, but there were other people in the cellar at the time.
Q. What did he give you?
Milton. He gave me 7 s. 6 d.
Q. from the prisoner. Where did you first see me that time ?
Milton. The prisoner met me in the court-yard.
Q. from the prisoner. Who went down with us?
Milton. There were none went down with us but one Matthews, though there were others in the cellar at the time.
Q. Had they used to converse together?
Crumpton. The used to converse together as the other prisoners did.
Q. Who was Montgomery put in there by?
Crumpton. It was at the instance of Mr. Ward, Mr. Weymore, Mr. Sharp, and Mr. Smith.
Q. Was he committed upon their oatas ?
Crumpton. He was.
Q. Had Smithson a copy of his commitment ?
Crumpton. I believe he had, he came from thence to Newgate a week before the sessions began.
Q. Do you remember Mr. Davenport coming ?
Crumpton. I do, it was on a Saturday, there was a talk of Smithson's entering an action against Mr. Sharp, and I was surprised at it.
Q. How came you to hear of it?
Crumpton. I went in, and the people were talking that Smithson had swore an affidavit of a hundred pounds against him ; when I went, I saw Mr. Davenport and Mr. Smithson come out of a little room together, I heard Smithson ask him, what he was; and he answered, he was a deputy filazer to my lord chief justice Ayre's son; he asked him how much was his due, and I think he said 11 s 11 d. Smithson said 11 s. was due, and turned about to Montgomery and said he must have 11 d. more, upon which Montgomery said, you have had 11 s. of me already, and Smithson told him he must have it. I remember Smithson said to the gentleman, be very cautious how you take more than is your due.
Q. Did you hear what use the affidavit was to be made of?
Crumpton. No, I did not
Peter Darley. I am an officer of the sheriffs-court for Middlesex, and had a warrant to arrest these four defendants the 17th of October last.
Q. For what?
Darley. Against William Smith for two thousand five hundred pounds and upwards; against John Ward for sixteen hundred pounds and upwards; against Thomas Weymore for nineteen hundred pounds; and against William Sharp for two thousond pounds.
Q. Who had you it of?
Darley. I had it of the prisoner at the bar.
Q. What did he say when he delivered it to you?
Darley. He gave me directions where to go, and in what manner to find them out, so sent a man along with me to show me the men.
Q. Did you execute it against any of them?
Darley. I did against three of them.
Q. Where did you go to receive your directions?
Darley. I was had to Smithson in Wood street Compter by a man that came to me; that same man went with me to Smith, Ward, and Weymore.
Q. How came you not to take Sharp?
Darley. Sharp lived in London; he was to have been decoyed out of London into Middlesex, and so to have been taken.
Q. Did you take him?
Q. Did you enquire who was the attorney concerned in it?
Darley. I did, and then I did not like it.
Q. Who was the attorney to the plaintiff ?
Darley. His name is Blackey.
Q. Did you see the writ ?
Darley. No, I did not.
Q. When was this ?
Blackey. This was on the 16th of October; the next morning two gentlemen came to my chamber, one of them told me the nature of the affair, so I discharged the warrant immediately. They had made use of my name without my knowledge.
There were none but the four prosecutors who could prove they had ever had any dealings with the prisoner; that they had not detained, or owed him any things; but their evidences could not be taken, they being inserted in it, so the prisoner was acquitted , but detained to answer to an indictment, for endeavouring to suppress the evidence for the crown in a prosecution of felony.
The trials being ended, the court proceeded to give judgement as follows:
Received Sentence of Death, 5.
Transported for 7 Years, 20.
Edward Batten , James Cook , Anne Osborne , Isaac House , John Jottea , Elizabeth Smith , Mary Butler , Edward Wilson , Peter Backham , Sarah Steel , John Simpson , James Ellice , John Clinton , Abraham Tippit, William Shanks, Elizabeth Jones , Anne Lumley , Elizabeth Thompson , Susannah Sturney, and John Thorp .
This Day is publish'd, Price 2 s. 6 d. sewed.
THE APPARATUS: Or, An INTRODUCTION to the ART of BRACHYGRAPHY
CONTAINING (In a clear and concise Manner) The FIRST PRINCIPLES thereof ;
With suitable Directions for adapting the same to Use.
The Whole consists of but Thirty-Six Characters, and are placed in one View; a few Hours Practice and Observation, will render them samiliar, and not only prepare the Young Practitioner , for the better understanding the Treatise of Short-Hand-Writing, but of itself is a complete Long-Short Hand; and far excels any thing made publick of the kind, both for Secrecy and Swiftness,
Printed for the Author, and sold by Mr. Hodges, London-Bridge; Mr. Clark, under the Royal-Exchange; Mr. Keith, Gracechurch street; Mr. Reeve, Fleet-Street; Mr. Buckland and Mrs. Cooper, Pater-Noster Row; Mr. Owen, Temple-Bar; and Mr. Robinson, near Dock Head, Surrey.
Where may be had Brachygraphy, or Short-Hand Made Easy, the Second Edition, Price bound 8 s.