In the 26th Year of His MAJESTY's Reign, BEING THE Fourth 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 Lord Chief Justice LEE *, the Honourable Mr. Justice CLIVE +, the Hon. Mr. BARON LEGGE ||, WILLIAM MORETON ++, Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.
N. B. * + || ++ direct to the Judge before whom the Prisoner was tried. L. M. by which Jury.
177. (L.) Robert Harris , was indicted for stealing eight 36 s. pieces, two moidores, eighteen guineas, one half guinea, one 6 s. and 9 d. piece ; 11 l. 6 s. 6 d. 3-fourths, in money number'd ; the money of Josiah Brazear .
To which he pleaded, Guilty .
Thomas Cox . I was set to watch the weights on the 19th of March at night, in a private place; there came the prisoner about six o'clock in the evening, and stooped down, and with her left hand took up an iron half hundred weight, and carried it about ten or twelve yards; then she stooped down either to tie her shoe or patten; I went and took her about the middle, and pulled her upright, she dropp'd the weight, I heard the ring chink. (The weight produc'd in court and deposed to.) I secur'd her, and she was committed.
I had been to see an acquaintance, going along the steel-yard, my patten string broke and it flew from me about twelve yards; I ran back for it, and cut off a bit of my apron string to tie it, the man came and took hold on me, I said what do you want with me, he said he'd soon let me know, I never meddled with any thing any farther than setting my foot on the weight.
James Wheatley . On the 30th of March, about four in the afternoon, I was with Caleb Ashman in his shop, which is opposite to where the lighter of coals, my father David Wheatley 's property, lay in Fleet Ditch; we saw the two prisoners put about four bushels and a half of coals into two sacks with a shovel, and carry them away.
(The two prisoners were employ'd by my father to back the coals, that is to bring them out of the lighters into the carts.)
The prisoners had nothing to say in their defence.
Both Guilty .
Mary Watts . I am wife to John Watts ; the prisoner lodged at my house about a quarter of a year; I had some friends came to see me on the 12th of March, we were talking about particular pieces of money, I was saying I had a two guinea piece, one of them said she never saw one; I went up and fetch'd down one, eleven crowns, three half crowns, a silver two-pence, and some other odd money; after they had look'd at them, I went up and laid them on a handkerchief upon a table, this was between eight and nine at night. I went up stairs again a little after ten, and missed the two guinea piece. and three crown pieces: my husband was out, when he came home I told him, we went up to the prisoner's door and knocked, she opened the door, and we desired she would go with us into our servant's room to search; she did, we found nothing, then we search'd her room, finding nothing we charged the watch with her, and took her to the watch house; I went the next day to her, and told her, if she would tell me the truth, I would forgive her; she then told me she had the money I charged her with, which was the two guinea piece, and three crown pieces; but she said she did not know the value of the piece of gold, and that she flung the money away at the last turning before she came to the watchouse.
I was very much afrighted, I did not know what I said, they took me out of my bed and surprized me; I know nothing of the money.
The prosecutor keeps the Blue-boar in Holborn , the prisoner is the washerwoman's daughter, she is about thirteen years of age, she had access to the house often, the two table spoons produced in court by two pawnbroker's, who deposed they took them of the prisoner, and the prisoner confessed to the prosecutor before the justice that she took away sixteen towels.
Ann Potter. I am wife to the prosecutor, the prisoner came to our house on the 18th of Jan. in the evening, and asked me to lett him a little mare, that he said he had had before; I told him
Q. What colour was she?
A. Potter. She was a black one.
Ralph Potter . I was not at home, when my wife let the mare out, I have advertised her twice, but never saw her since. When I took up the prisoner and asked him where my mare was; he said, hush! hush! don't make a noise here; I'll go with you where ever you will.
Q. What is the value of the mare?
Potter. I could have had three guineas for her several times.
Q. What age is the prisoner?
Potter. He said before the justice he was eighteen years of age.
I never hired the mare indeed.
Guilty , Death .
Francis Loftus. I keep the Hercules behind the Exchange , I have sixteen silver tankards in all, we always carry them up stairs when we go to bed; on the 17th of March in the morning I had them all, and at night there was one missing.
Q. Have you seen it since?
Loftus. I have. (Produced in court broke into four pieces, and another to compare with it, the Hercules ingrav'd on it, with Francis on one side, and Loftus on the other.) I advertised it on the Monday following, upon which I had it again in this condition.
Elliad Mulling. I am a drawer with Mr. Loftus, the first time I saw the prisoner, was on the 14th of March in the morning, he came between eight and nine, and staid till about half an hour after ten; he came again on the 17th, about half an hour after three, and had a tankard of beer in the kitchen with the cook; one of our boys drew the beer in a silver tankard with a lid; (that which we lost had got a lid.)
Q. Look at these pieces, is this your master's tankard?
Mulling. Here is the same name and engraving on it as is on all my master's tankards, and I believe it is my master's property; the prisoner was at that time talking to the cook, saying he had been a mountibank, and had travelled round England, and got a deal of money that way.
John Allison . I live with Mr. Johnson a pawnbroker, the corner of Russel-court, Bridge's-Street; on the 17th of March the prisoner brought the handle and part of the body of the tankard to me to pawn, he asked fourteen shillings upon it, I weigh'd it, and found it weigh'd eight ounces, it was much disfigured, I got a constable, and carried him before justice Fielding, he not being at home, we put him into the watch-house, and advertiz'd the part of a tankard.
Thomas Carrey . I am watchouse keeper of Covent Garden parish, I set there on nights, on the 17th of March, Mr. Allison and the constable brought the prisoner to the watchouse about ten at night, I lock'd him up in a room; a little time after the beadle of the night and I went up stairs and searched him, and found the other pieces of the tankard in his pockets, that is the lid, the bottom,
I told them I had the rest about me, before they searched me, and told them my wife and mother would find out the man that gave it me to pawn.
Brite. He said it was a family tankard, and when his wife and mother came, they would own it. I took care to have the pieces below, against they came. They said they knew nothing of it.
To his Character.
Epbhraim Elicock. The prisoner liv'd with me a year, fifteen years ago; I know nothing of him since: he behaved himself well, then.
Eleaner Sherriden. I have known him three years, but have not seen him for a year past. He behaved well and work'd for his bread when I knew him.
Guilty of stealing, but not in the dwelling-house .
(See No 156, 157, in the last Sessions Paper).
The prosecutor deposed as on the former trial, with this addition, that the prisoner absconded from the time of the robbery, and was but lately taken.
John Wingrove , the accomplice, depos'd as before with this addition, that he was in the prisoner's cellar, with the prisoner, in order to weigh it and take the money for it, when the thief-catchers came to take him; but himself and the prisoner having notice of it got off; that he, and the two others cast last sessions, always had of the prisoner nine shillings a hundred; but this they were not paid for. When they carried the lead they told him what they had got, and he got out of bed and let them in with it.
James Brebrook . I am an officer belonging to the Marshalsea Court: on the 13th or 14th of February I had a warrant to search the prisoner's house, which is in Church-lane, Whitechapel ; I went there by the direction of Watling, who wanted to be an Evidence, and told me there were part of the lead there: the prisoner and his wife were very unwilling to let me go down into the cellar; there I track'd the feet of a single man going out backwards in the Snow; I went into the cellar, and found a sack with lead in it, likewise a pair of wallets, in which was the hand of an image, which the prosecutor believes to be his property; we found about 300 weight in all. Robertson; told me he gave a market price for the lead to Wingrove, Watling, and Bartlet. We took Robertson up to Kingsland Road, where was more of the lead; there he finding it was like to go hard with him, he ran away, and was not taken again till last Thursday, and deserted his house, and put a padlock on the door.
Edward Pinches. I was with Brebrook at the time. He confirmed the testimony given by him.
They found the lead there, but it is none of mine, I did not buy it.
For the Prisoner.
Ann Peirce . I lodge in his house; I heard somebody at the door; I arose, and let two men in betwixt 6 and 7 o'Clock, some day in February, I dont know the day; they had got a load, I don't know what it was; they left their load in the fore room, and said they'd come again: they enquired for the prisoner and his wife, and I said they were in bed.
Q. Who did they say they left the parcel for?
A. Peirce. They did not say they left it for any body. I went out about my own business, but before that, I told the prisoner there was two parcels left in the sore room: they said they would get up directly. His wife came down, he did not then. I lodged there but about two or three days after.
Thomas Ransom . I have known him four or five years, and never knew any thing of him but a very quiet civil neighbour. I am a wheelwright, and make use of an anvil, which was taken away; but he came and told me a man had brought such a thing to him to sell, so I had it again.
William Beaton . I have known him between two and three years a very civil honest man. I saw a woman once offer him two or three pint pots, which he thought were stolen, so would have nothing to do with them.
188. (L.) Sarah Russel , spinster, was indicted for stealing one silver watch, value 2 l. 2 s. two cornelian seals set in silver, val. 3 s. privately from the person of William Harrison , March 3 . And
William Harrison . On the 3d of last month I was going through Stony-lane into Petticoat lane , the prisoner Russel stood at a door, and beckoned me into a house: I asked what she wanted, and told her I could do no such thing. She pull'd up my apron and began to handle my breeches: I stood as I do now; but had not been gone two minutes before I missed my watch.
Q. Was you in the street with her?
Harris. No, I went into the house with her, but did not stay two minutes there. It was not a publick-house; I believe it was her own. I turn'd back immediately, and found there was a padlock on the out-side the door: I went and got a watchman, who knock'd at the door; on which the prisoner Overy came down, and said, Mr. Harrison; what is the matter? I said, I had lost my watch, and could know the person if I saw her that took it. I went and fetch'd the constable, Overy went with me, and was very busy in it. The constable went up stairs next door to that house, and up two pair of stairs found Sarah Russel , whom I charg'd; but have never seen my watch since. She was carried before a justice of peace; she there said she never saw me till the time I charged the constable with her. I know I had it when I went into the house with her.
Elizabeth Phillips . The prisoner Russel gave me a watch to give to her husband, which is the man in the bar with her, she called him her husband then. I took it and carried it up stairs; he said it was the last cull's watch his wife had had, and he cut two seals off it. Overy said it was Mr. Harrison's watch, and that he was a brewer; after which I heard him say, he sold it for thirty-six shillings.
Q. to Harrison. What sort of a watch was your's?
Harrison. It was a small watch with two seals, one with four thanks to it.
Phillips. The seals I saw were the same, and the watch a small one.
Q. to Harrison. What colour was the string?
Harrison. It was an old pink colour very dirty.
Q. to E. Phillips. What colour was that string you saw?
Phillips. It was a blue, very dirty.
Q. from the prisoner. Was it not in that evidence's house you lost your watch?
Harrison. I thought it to be the prisoner Russel's house.
Q. Was you sober?
Harrison. I was about half cock'd, neither drunk nor sober, I saw no other woman but the prisoner.
Q. Was you sober enough to know whether you did not give her the watch.
Harrison. I did not give her the watch.
Q. Did you feel a hand in your pocket?
Harrison. I did not.
William Williams . On the 4th of March, Overy brought the watch to me, and asked me if I knew where his Sarah was, that is Russel. I told him no. He shewed me the watch, which he pull'd out of his fob, there were two seals to it with mens heads.
Q. to Harrison. What seals were your's?
Harrison. They were mens heads.
Evidence continues. The biggest seal was broke through the middle.
Harrison. Mine was broke as he describes it.
Evidence continues. Then he said his Sarah was gone to the Compter, for robbing Mr. Harrison, a brewer, of his watch. He did not say this watch was the brewer's.
Q. Had you the watch in your hand?
Williams. I had, but can't read, so don't know the name.Sarah Russell should not be hurt, he'd get me the watch.
When the men came to take me, the witness Phillips was in my room; she said she had done something, and desired I'd cover her over with the quilt, which I did. I never saw Harrison till he came to take me up.
I was not there at that time, and have several witnesses to my character.
To Overy's Character.
Daniel Leboe . I have known him 14 years, he and I are weavers, he work'd with me five months, I never heard any ill thing against him in my life: he can earn between thirty and forty shillings a week; he works in the gause way for shades.
Bacon. They are to be believed ten times more than Overy. Williams is an honest fellow, I think he and his wife ought to be believed on their oaths.
Russel guilty 10 d.
Overy Acq .
Thomas Flight . On the 20th of April I came home, and was inform'd I had lost a large quantity of iron, and that Trow was stopp'd in Noble-street with it on his back, and he was had to a publick house, near mine. I went to him, there was Mr. Goodwin with him, he told me he stopp'd him in Noble-street; the iron was at his house. (Produced in court and deposed to.) I believe I lost much more than I have found. I have got about three or four hundred weight again, the prisoner confessed he had taken it, and seemed to be very sorry, and said he was persuaded to it. I had employed him in pulling down these houses where he had the iron, and had discharg'd him but the day before. He said also there were two other persons concerned with him: in consequence of this he was carried to the Compter. We tried to take William Stansley , the man who, as he said, persuaded him to do it: the other he could not think of his name then; but could not take Stansley. We took Trow before my Lord-Mayor, where he did not deny it; he said there were two others concerned with him, and he'd endeavour to find them out by his direction. We went and took John Price the other prisoner. After carrying him to the Compter we found out his house with a great deal of difficulty, We asked his wife leave to go down into the cellar, to which she consented, and the constable went down stairs with a candle, there we found two bags of iron, which Trow had said they had taken away that morning, that is Stansley and Price. There was also a great many other things, which I knew to be my property, though I have not laid them in the indictment. Then we went to my Lord-Mayor and told him what we had found; he desired me to get Price before him to be examin'd. When he came there he told my Lord that Stansley and Trow had that morning call'd him up, I think a little after four o'clock; that they three went to this place of mine, and that he went with a great deal of reluctance. When they came to the door he believed either Trow or Stansley broke it open, he thought it was Trow, and he himself was on the other side of the way; and that the other two went up stairs, and brought down three bags; and that he took one and Stansley the other; that they both persuaded him to let them be at his house till after breakfast time, and promised they'd fetch them away; that they brought them, but as they came not for them, he threw them down into the cellar.
Q. Did you promise him he should have favour, or threaten him if he would not confess?
Flight. No, I did neither.
John Goodwin . I live in Noble-street, Foster-lane ; about a quarter after four in the morning, on Good-Friday, I saw Trow, with iron on his back, as I was opening my shop, as he came to my door: he throw'd the iron down under my window, he said will you buy this stuff, he was drunk; I said if you'll let it stay till about ten o'clock, i'll get
Q. Did you or any others make use of any promises or threats, in order for this confession?
Goodwin. I said had not you better make your self an evidence, but I promised nothing, that was not in my power.
Samuel Wiseham . I am constable, Mr. Flight sent for me on Good-Friday in the morning, there was Mr. Goodwin, and Trow with him, we took him before my Lord-Mayor, there he confessed. He went on and confirmed the other two witnesses.
I went to buy some old boards of Mr. Flight's apprentice, seeing this old iron lie there, I took it to carry it to his house; I left it at Price's house till breakfast time, Stansley was with me, he went to buy some boards; I went to get half a pint of beer, I lost Price's house, so I got to Mr. Goodwin's house, and there slung it down, and waited to get some beer, and fell asleep.
To his Character.
Both Guilty .
Thomas Flight . When Trow was taken up he confessed amongst others, that Gardner had robbed me of some deal boards, I know nothing of my own knowledge; when I took up Gardner, he confessed to me he had stole boards twice, I went to Mr. Cox a baker, where they said they had sold some, I saw there some boards which I took to be mine; I always look'd upon Gardner to be an honest lad, and if he has been guilty he was drawn into it by Trow.
Thomas Carpenter . The two prisoners and I was at work at some old houses, for Mr. Flight, in Pater-Noster-Row ; we heard Mr. Cox a baker in Warwick-lane wanted some old boards, Trow and I looked out four or five of them, I went up stairs, and they carried them; when Trow came back he brought 4 s. I had sixteen-pence, Gardner had a shilling, and Trow the remainder, John Trow proposed this thing, Gardner always behav'd very honest before.
Samuel Wiseham . I am constable; when I had taken Trow to the Compter, he told me Gardner was concerned, I went and found him he cried much, I have known him three or four years, he had a very good character, I verily believe he was drawn in.
Isaac Cox . I bought the boards of Trow, they brought me three at first said my master gives his service, and says you may have as many as you please; then I said being me three or four more, and word what your master is to have; he brought word, I paid him; I don't know Gardner, Mr. Flight has seen them in my cellar, he said he believed they were his, I told him how I came by them.
Robert Matthews . I lent Gardner to Mr. Flight, he has been apprentice with me three years, he has been in trust for me three years; he always behaved as honest as any person in England; I could trust him with the key of untold gold; I believe he is heartily concerned for what he has now done.
John Fowke . I have known Gardner ever since he came apprentice, which is a little above three years ; I don't believe he'd take any of a bag of guineas, were they to be thrown down before him, he must be certainly drawn in by this bad man.
Trow, Guilty .
Gardner, Acquitted .
Thomas Flight . I only charge them on the confession of Trow ; when Ellibore was taken up he confessed he had received only part of 6 s. 6 d. his equal share, for old boards that were sold by Trow, Carpenter, Gardner, and himself, to William Stansley, taken from Pater-Noster-Row: Stansley is not yet taken, I believe Ellibore is drawn in by this Trow, he has worked for me a year; I believe him to have been an honest man till this affair.
Thomas Carpenter . Trow brought one William Stansley to the building in Pater-Naster-Row; he said he wanted old boards and old joyce, accordingly he had some delivered by three, Trow, Ellibore, and I; we received 2 s. 6 d. for them it was divided between us three, each an equal share. They were Mr. Flight's pieces of wood, we let him have them on Trow's persuasion; he was Trow's acquaintance; I never saw Stansley before in my life till he came there.
John Terrey . Ellibore served me 5 years, he is still my apprentice ; he is a very honest lad, I would trust him with all in my house, and would set him to work, and trust him with all I have, was he out.
William Giddis . I am a Peruke-maker, I have known him likewise between 4 and 5 years, he is a very honest sober young fellow, he has lodged in my house since he has worked in this last place; he has had a key to go in and out, and might have ruined me was it his pleasure. Was he now out I would trust him with my key as usual.
Trow Guilty , Ellibore Acquitted .
Mary Flint . The prosecutor is my husband, we keep a Haberdasher's shop on London Bridge ; I was above stairs, and James Bennet called me down, and told me the prisoner at the bar had got a piece of ribbon; I took her up stairs to search her, she ran up before me, and throw'd a piece of ribbon into the sink, I took it out. ( Produced in court and deposed to.)
James Bennet . I am apprentice to Mr. William Flint on London-Bridge, the prisoner came to our shop, and wanted to see some ribbon at five or six-pence per yard, I took out a drawer of plain ribbons to shew her some, she took out a piece, and asked me if it was of a good colour, while she was talking to me I saw the glimpse of her hand in the drawer; after that she desired to see more, I shew'd her some figur'd ones, and asked 6 d. per yard for it, she bid me a groat; I sold her a yard at a groat ; after which I said I thought she had something about her that was not her own, she said I might search her, then I sent for my mistress down stairs, and the prisoner went up before her to be searched.
Elizabeth Pichet . I live with Mr. Flint ; I was above in the kitchen by the fire, when the prisoner came up to be search'd; I saw her go to the sink and fling the piece of ribbon into it, after which she undid her pocket, in order to be searched.
I had been drinking three or four pints of beer with a woman, and said I'd make her child a present for her civility; I went into this shop and asked for a ribbon, the apprentice said plain or figur'd, I said figured, he took out a drawer and asked me six pence a yard; I bought a yard for a groat, after that he put his hand down my bossom, and up my coats; I asked what that was for, he said he thought I had something about me that did not belong to me; I said if I had, it was proper a woman should search me, he said he should think it no sin to rip me open, and let my puddings out; I went up stairs and stripped my self to my bare shift, there was nothing found upon me.
194, 195. (L.) Robert Russon , and Lewis Currington , were indicted for stealing three pieces of printed paper stained, containing thirty-six yards, value 9 s. the goods of William Dover , February 23 . ++.
Both Acquitted .
196. (M.) Mary Smith , otherwise Cox, otherwise Brown , widow was indicted for stealing one copper stew-pan, two pair of jumps, one bodkin, one pair of scissars ; the goods of John Newport , April 24 . ++
Eleanor Newport . I am wife to the prosecutor, and am a stay-maker, and live in Rosemary-lane ; the prisoner worked for me, she left my house, I missed the stew pan, bodkin, and scissors; she was taken up, I had delivered the jumps to her to finish, she never returned them, she told the constable where she had pledged the stew-pan, and jumps; the bodkin and scissars were found upon her. (The jumps and stew pan, produc'd in court and deposed to.) I had lent her the stew-pan to fry some fish for her supper; she lodged in my house.
Elizabeth Mercy . The prisoner lodged in Mrs. Newport's house, my mistress went out and left me in the shop; the prisoner staid out all night, she had four pair of jumps to finish up, we missed two pair of them; the prisoner was found in Mill-yard, she was taken before Sir Samuel Gower , and charged with taking way the things mentioned, she confessed there in my hearing; that she took out the jumps in order to finish them; that she got in company, and got in liquor, and pawned them; and that she took the stew pan out and pledged that at one Mr. Prat's.
Thomas Jeffs . On Wednesday was se'ennight I was fetch'd, being a Constable, and was charged with the prisoner, and took her to the watchouse; there were the bodkin and scissars lay near the prisoner, in the house where she was taken in Mill-Yard; I put her in the cage, and brought her to my own house the next morning; she told me where she had pawn'd the jump, to Mr. Jennings in Spittle-fields; she went with me and shew'd me the house ; after that she said the stew-pan was at Mr. Pratt's, carried there by a woman whom she sent with it.
Q. Did she say how she came by these things?
Jeffs. No, she did not.
I had these two pair of jumps to make up, there came a woman that had a pair to mend, and I could have more of her, than for my mistresses work; I pawn'd her jumps to raise money to do them, thinking to fetch them again when I was paid; as to the stew-pan, I know nothing of it.
The rope was missing from out of the prosecutor's crane-room at Limehouse , a knife was found in the room, by shewing it about, it appear'd to be the prisoner's knife, which he upon it's being shew'd him own'd; he was taken up, and confessed where he had sold it, and the rope, was found accordingly.
Richard Armstrong 's, two shirts, two shifts, and one muslin neckcloth, was found at Edward Wade's, one shirt, and the flannel waistcoat to Toothacre's, by the direction of the prisoner, who confessed the taking and pawning them. The prisoner had nothing to say for herself.
The prisoner objected against Samuel Anderson , Edward Anderson , Thomas Goodman , and Thomas Nicholls , four Jurymen ; and William Wilkerson , John Preston , Rich Munk , and John Hacket were sworn in their room.
Richard Douse . I have known the prisoner about seventeen or eighteen years ; he was married on the 27th of August, 1747 at Kew Green Chapel; the woman went by the name of Ann Cypherwood , widow: then the parish of Chelsea sued him for the charge of a child she lay in with by the name of Harrison: he was trepann'd into that marriage.
Q. Have not you been in the company of the prisoner lately.
Douse. I was sent for by the prisoner's attorney to Westminster.
Q. from prisoner. How came you to be sent to be an evidence in this affair.
Douse. I was sent for by justice Burkhead.
Q. from Prisoner. Is this prosecution carried on by this prostitute Cypherwood, or by Mr. Burkhead ?
Douse. I don't know that.
Q. Who are you?
Douse. I am a Publican at Temple-Bar.
Q. from Prisoner. Is she not an infamous woman?
Douse. Certainly she is.
Q. from Prisoner. Is she not reported to have many husbands?
Douse. I believe she was a married woman when she was married to him.
Alexander Carey . I was present, at the request of the prisoner, and saw him and Ann Cypherwood married at Kew in the year 1747; I remember he then told me he supposed her to be a person of some worth, and he asked me my opinion of it.
Q. from Prisoner. Whether she had not another husband at the time I was married to her, and had many since?
Carey. From what I have heard. I have great reason to suppose she may have many husbands.
Carey. I saw her just before last sessions.
Charles Mercy . I was at Kew Chapel upon Kew Green on the 25th of April last, and there had this copy, which is a true one, from the register of marriages, christenings and burials. (It was read to this purport) '' Thomas Kew , St. '' James, Westminster, and Ann Cypherwood married.''
Q. When was this marriage ?
Matthew Cheshal . Here is a true copy from the register of the parish of Chelsea, for marriages, baptisms, and burials, I was there on Sunday last and took it out. It was read to this purport: '' Sept. '' 16. 1751. Thomas Kew , of the parish of St. '' Martin's in the Fields; and Margaret Bowyer , '' widow, married by John Marah , curate.
Prisoner. They have not proved my cohabiting with my first wife.
Q. to Carey. Did the prisoner and Cypherwood after the wedding go away together?
Carey. I believe they did, but I was no way concerned with their private affairs.
I had not seen my former wife for five years when I married again, and I thought she had been dead, she has been dead so often.
For the Prisoner's Character.
Q. Was Mrs. Bowyer your landlady before she was married to the prisoner ?
Irons She was.
Lancelot Wright. I rent 50 l. per year of the prisoner; he always behaved like a gentleman, and a very good landlord ; and I really believe this prosecution is carried on upon a quarrel in the vestry.
Wright. The estate is five or six hundred a year.
James Hopson . I have known the prisoner about a year and a half; he has behaved himself very well : I was a tenant of his, but am not now; he has opposed some gentlemen that would have dictated rules of themselves in the vestry, so they bring on this prosecution.
Gyles Poulton. I have known him about a year and half, he has behaved like a gentleman: I believe this prosecution is carried on in a malicious manner, on account of his insisting that all publick monies should be brought and accounted for in a publick vestry. The prisoner has behaved as a good husband, a tender father to his children, and a good master; he has improved the estate above a hundred a year.
Q. What sort of a house did he keep?
Urwin He kept a sort of a tavern, like all other taverns, where a man might have a woman when he had an occasion.
Q. What sort of a tavern?
Hughes. Where a man might have a girl if he thought proper.
- Jones. I have known the prisoner about four years, and have had dealings with him, I take him to be an honest man, and would trust him with five hundred pounds : I don't think he'd wrong me of a farthing.
Q. Do you think he'd let a man's wife be wrong'd in his house.
Jones. As to that I can't say.
Q. What is your business ?
Warner. I am a talow chandler.
Council. Perhaps there is more business done in his house by candlelight, than by the light of the fun.
Warner. You may know that may-be as well as I.
He also stood charged on the coroner's inquest, for the said murder.
Sarah Oxley . I live in White-chapel ; the prisoner's wife came to drink a dish of tea at my house, she had been there about half an hour, the prisoner came and knocked at the door, it was lock'd; she got up and opened it, and said, how do you do? he said, d - n your eyes, I'll do for you, you sent the bailiffs after me. She said, indeed I have not. Then he came in, and swore he'd beat her; he offered several blows at her, but did not hurt her; she got up and stood against a chair; he gave her a blow on the side of her face, whether his hand was open or shut, I know not; she took up her apron and held it to her face: I said, don't both back-beat and belly-beat your wife; she cried, he used me with many ill words, and said, d - n your eyes, you have nothing to do with it; and said to her d - n your eyes pull off that pocket, or I'll murder you; she took a pair of scissars off the table, and rip'd her pocket off, and slung it down; he did not touch it; she said, good God what would you have, I have not a farthing in my pocket ; she then sat down in the chair, and seemed ready to saint ; I said, will you have any water; he said, d - n you, you bitch, I had rather see you dead than alive, die and be d - n'd. Then he ran and took her about the back of her neck with one hand, with the other under her chin, as if going to kiss her: I went to put the pot to her mouth to drink some water, her teeth would not go together, her tongue was between, I saw her eyes stare in her face, she could not swallow, he held her head as if hugging her so all the while. He took the pot out of my hand, when she did
Q. What state of health was she in before?
S. Oxley. A very good state. She was blooded, and bled freely. We persuaded the prisoner to send for a surgeon ; he behaved very well, and said she'd be better when she came out of that fit, for she was only drunk. He seemed very much concerned at the last.
Samuel Darkin , I understood the prisoner sent for me, I only practice bleeding, and operations on the teeth, the woman appeared to be stupified; I understood there had been some words and a blow pass'd, but I heard nothing of the strangling; I bled her, and she bled very free; this was between two and three in the afternoon. She did not speak, and I apprehend she could not; she breathed freely, and I did not apprehend she was a dying woman; there was some talk of drinking, I imagin'd something of that sort might be the cause, and that she was asleep. I did not see her again, till after she was dead, then I observ'd a little black mark just by her ear, near the bottom part. I apprehended it was from the blow.
Q. What do you apprehend was the cause of her death.
Darkin. I then could not tell, here are surgeons in court that can give an account, the prisoner paid me for bleeding her.
Nicholas Edwards . I am a surgeon, at the time the coroner sat on this body, I was sent for to view it, and found the skin a little discolour'd, just below the ear, upon the neck; upon farther enquiry by opening the parts, I did not find any thing that appeared to occasion her death from that part; upon which the jury adjourned, that we might make a farther enquiry. I was call'd upon again, this day fortnight, and another surgeon was sent for, and upon opening the head, and examining the upper part of the brain, we found the brain extended, and a quantity of coagulated blood: we both concluded that that was the cause of her death, without paying any regard to the blow, and which we apprehend was occasioned by suffocation or strangling, which caused the bursting of the blood vessels in the brain.
Q. You have heard the evidence given by the woman, do you think by the description she has given, whether or no this usage might occasion her death.
Edwards. From the circumstances it seems to correspond with it.
Q. If strangling was the cause of her death, could she bleed two or three hours after.
Edwards. She might bleed whilst she was warm.
Q. Could a person so suffocated breathe freely as mentioned.
Edwards. These vessels bursting in the brain might be some time in spewing out the blood. There was the quantity of a turkey's egg-shell full of blood. They may breathe strong at the first, but in time will breathe shorter.
John Hunter . I was along with Mr. Edwards at the examining the body on the Coroner's inquest ; we found on the left side her head below the ear, the skin a little discolour'd, where Mr. Edwards had made an incision to examine it. I examined it a little farther, and found nothing extraordinary there. I examined the other side much in the same manner, but found nothing there. We went then to the brain, we sawed off the scull, and examin'd it in the substance of the brain, we found a great deal of coagulated blood, which I believe was the cause of her death.
Q. What was that occasioned by?
Hunter. I really believe it was by strangulation.
Hunter. There is great probability to imagine it was.
I went into Oxley's house and sat down in a chair I asked my wife if she sent the bailiffs after me, she said she did not; she began to abuse me, and bid me go and hang myself; she fell into a sit, and I went and kissed her: she was very subject to fits. I fetched some water, and pour'd some down her throat; after that I sent for some sweet oil andSarah Oxley would have turned her out of the door, in that condition, and some of the neighbours were much put to it, to persuade her to let her be there. My wife used to have something come up in her throat, I believe it was the rising of the lights; she used to be much affrighted about it.
Q. to Edwards. Will this occasion a breaking of the blood vessels.
Edwards. I have known persons in fits to have blood come from their mouth and nose, but I never knew the vessels to burst, except it was apoplectic.
For the Prisoner.
Elizabeth Newton . I heard the prisoner had struck his wife, I ran to Oxley's house, and was with the deceas'd six hours; I said to the prisoner, what ails your wife, is she in a fit? he said he believed she was, and asked me what I thought of her. I went and fetched a bottle of drops, and gave her some, she struggled a little, and flung up a great deal of froath, she never spoke.
Q. Was she subject to fits?
E. Newton. I don't know that.
Susannah Dunn . I hearing there had been words and a blow between the prisoner and his wife, and that the deceas'd was dying, I went to see her a little before six in the afternoon. She was sitting in an arm-chair, quite senseless, and the prisoner had her head leaning against his bosom; I asked him what was the matter with his wife, he said he believed she was in a fit, and desired I would help him, which I did, and gave her some of the drops that Elizabeth Newton brought, and some wine ; then she struggled, and heav'd up froath.
Q. What do you think was the matter with her?
S. Dunn. Indeed I thought she was in a fit.
Q. Have you known her to have fits?
S. Dunn. No, my lord, I never did. Sarah Oxley was in a violent passion, and said to the prisoner, You rogue, you no nation, Jew-looking son of a bitch, I'll put three spokes in your wheel, I'll hang you by G - d.
Thomas Toller . I have known the prisoner 14 years, he and his wife have lived uneasy together for many years ; I went to see him since he was in confinement, and have talked to him much, and laid it as close to his conscience as I could; he always declared he had no intention to murder her, or any thing like it.
Guilty manslaughter .
Rachael Peel . I am wife to the prosecutor, we keep a publick house at Leeds , in Yorkshire, the prisoner pretended to be a soldier (but he was not) and brought a false billet to my house, and had quarters there, from Thursday to Monday. On the 6th of April, about 6 or 7 in the evening, he called for a tankard of beer, I filled it, and after that I never saw tankard nor him, 'till I came to London. We read yesterday was three weeks, in the Daily Advertiser, that it was stopp'd in London. We wrote up, describing the marks, and had word sent us, it was ours, so I came up.
Alexander Curry . I was drinking a pint of beer in St. James's Street, the prisoner was there at the same time talking about a top of a tankard he said was sent to him, to get it melted down. I told him he'd loose by that, and said, I would either buy it, or get him a chap for it: I suspected it was not honestly come by, and therefore went immediately and got a warrant from Justice Manly. I took Mr. Tomb, the constable, with me, and we told the prisoner he was a Jew, and would buy it, if he had the body, but it was not worth while to buy that alone. Then he went with us into a room in Angel-court, St. James's ; there he took the body of the tankard from off a place, among some old rags. Then we discovered our intent, and took him before the justice. The prisoner said there, he bought it in Holland for 10 l. 15 s. at a place called Bushey, in Brahant. We searched him, and found a discharge from the army in his pocket, by the name of Thomas Smith .Thomas Carrol , the tankard was produced in court, and deposed to by the prosecutrix.
The man that came to London with me, is named Jones, he left the tankard in my care, and is gone on board a vessel.
Joseph Finch. I live at Wilsdon Green , near Harrow on the hill, on the 20th of April last about 5 o'clock in the morning, I was told by my servant my brown mare and a bridle and saddle were missing out of my stable, likewise my shepherd told me there was a house lamb missing out of my sheep-house. I then suspected the prisoner, and went in pursuit of him to Smithfield: the turnpike man told me my mare was taken up, and put into Mr. Baker's grounds at Paddington, and that he saw a man go by with a lamb on his head, and a saddle on his back, who had told him. his horse had thrown him: the prisoner was taken up, and he confessed the taking the things mentioned, to me and Mr. Brown, and that one Barker was concerned with him, who, after he had given him the lamb before him on horseback, got up behind him ; that they rode as far as Tyburn, when he took the lamb and saddle on his back, and did not know what was become of the mare and Barker; he own'd also he had sold the lamb to a pork butcher for 5 s. at an ale-house in the pork-market, Leaden-hall ; then he told me he carried the saddle to one Mr. Linch, a baker, in the Mint-square, Southwark. We took him after this to justice Fielding, where he confessed he had taken the mare, in order to carry the lamb away, and Barber was to bring her back again; and that he had sold the lamb, and left the saddle at Mr. Linch's; I went to Mr. Linch, there I found the saddle; I also found the man that bought the lamb, and he deliver'd the skin, which I don't swear to, but believe it to be mine.
Edward Smith . On Good Friday in the morning I went into the Bee-hive alehouse in Leaden-hall market for a pennyworth of purl, there was a lamb running about house, I asked whose it was, and was told it was the prisoner's, who lay sleeping with his head on the table, and I awaked him: he said he brought it out of Surry, and was going with it to Smithfield : I bought it of him for five shillings: he told me he had fed it with a tea-pot and milk. The prosecutor came to me, I told as I have here: the prisoner owned before me at the New Prison, that he stole it from Mr. Finch at Wilsdon.
Samuel Linch . The prisoner having lived at a relation's of mine, had been often at my house, and came again on Good Friday in the morning, between nine and ten, with a saddle ; he said Mr. Underwood (with whom he lived) had lost his saddle and he was desired to get him another; and that Mr. Underwood desired him to leave it at my house; and that I was to give him 3 s. 6 d. which I did, and got him to sign a little bit of a note that he had received the money. I had no mistrust, had he asked for more I should have let him had it. The saddle produced in court, and deposed to by the prosecutor.
John Clare . I live at the Bee-hive in Leaden-hall market, the prisoner came in there on Good-Friday in the morning, and brought a lamb and this saddle; he staid and slept there - The rest as Edward Smith had deposed.
Barker, the other lad, brought them to me, I only sold them.
Guilty of stealing the lamb and saddle, Death .
White-Chapel , and took him with the five drawers and bolt upon him. These goods are the property of William Hollingsworth , Esq: who owns the houses.
The prisoner had nothing to say for himself.
Morgan Tate. The prisoner was my servant , I live in Catharine-street in the Strand , on the 28th of February the prisoner went away about dinner-time, and did not return: two days after 'squire Booth, my landlord, came and desired I would look for a bill, which I had paid for some coals, and in looking for it I missed my money, which was fifty guineas: then I suspected the prisoner, and went to the woman that recommended her to us: I asked if she had seen her: she said no. She went to enquire after her, and brought word she had heard the prisoner was all new cloath'd, and had a great deal of money about her, and was at Lambeth. I went there to her aunt's, and could not see her; but coming away I saw the prisoner near her aunt's house with 40 or 50 after her. I took hold on her, she said, dear master don't send me to gaol, I know 'tis in your power. I asked what she had done with the money; she said, take me from this mob, and I'll tell you. I took her into an alehouse, where she gave me my purse with twenty guineas in it, and said, she had laid out the rest in cloaths, and own'd she took it. I took her before justice Clark, who committed her for farther examination. I went the next morning and brought her before justice Fielding, where she would not speak, so the justice said silence gives consent, so he committed her.
Q. How old do you take her to be?
Tate. They say she is about twenty years of age.
The prisoner had nothing to say for himself.
208. (L.) Thomas Yates was indicted for marrying Elizabeth Harman . spinster, Oct. 5, 1752, after which, to wit, on the 17th of November following he married Rebecca Griffiths , his former wife being then living and in full health . +
James Reynolds . I knew the prisoner two or three days before he was married at Mr. Keith's Chapel in May-Fair to Elizabeth Harman ; it was last Summer, I don't know the day of the month, but believe it was in October: there was none by but the minister, she, I, and the man who gave her away, whom I did not know, and the Clerk, I was an acquaintance of Mrs. Harman's, who was a very laborious woman, and used to take in washing.
Q. Were they married according to the ceremony of the Church of England?
Reynolds. They were, I heard it read over to them.
Q. What was you before?
Griffiths. I was a servant before.
Q. Were any body present at this wedding?
Q. Who married you?
Griffiths. I can't tell that, he was in a parson's habit.
Q. Is his former wife now living?
Griffiths. I believe she is, I saw her about three weeks or a month ago.
Jane Evans . I was at Rebecca Griffiths 's marriage with the prisoner, at the Fleet, in a publick-house : I had known the prisoner but about four or five days before: after the wedding the prisoner came to my apartment in Cursiter street, Chancery-lane, for that night, and lay in the house, but not in my room; he was there with her five days from the Saturday on which he was married, 'till the Thursday following. I have not seen him since till now.
The prisoner had nothing to say.
Elizabeth Harman , and afterwards for marrying Mary Butler , widow, his former wife E. Harman being then living . +
James Reynolds, deposed as before on the other trial.
The prisoner had nothing to say.
209. (M.) David Barkley , was indicted for stealing one cloth coat, value 1 s. a cloth waistcoat, value 1 s. a pair of buckskin breeches, one holland waistcoat, seven shirts, three pair of worsted stockings, two pair of cotton stockings, two guineas, and 3 s. 6 d. in money numbered, the goods of John Connolly , in the dwelling-house of William Crookshanks , March 15 . *
John Connolly. I am servant to Mr. Crookshanks, at the Rose and Crown in Dean-street , at the corner of St. Ann's-Court ; my room is up three pair of stairs; I had these things mentioned in the room; I went up on the 15th of March, and found my box broke open, and the things and money gone.
Q. When had you seen them last?
Connolly. I had seen them at four o'clock on the 15th, and missed them about eight at night; the prisoner was taken up on the 19th, at the Star in Piccadilly; and before me and others, he owned he took away the things and money mentioned in the indictment.
Q. Had you ever seen the prisoner before?
Connally. No, my lord, not to my knowledge.
Prosecutor. These are my breeches; and the money mentioned in the indictment, was in the pocket, when they were in my box.
Isaac Joseph . On Friday the 16th of March; I bought this coat and waistcoat, producing them; at the Red-Lyon in the Hay-market, of the prisoner at the bar; I gave him 18 s. 6 d. and sold them again for 20 s.
Prosecutor. These are my property, taken out of my box in the room.
Q. When had you seen the cloaths last?
Crookshanks. I had seen them on the 14th of March, and they were taken away on the 15th; I was present, when the prisoner was in custody; and heard him confess before the constable, that he broke the prosecutor's box open, and took out a coat and waistcoat, seven shirts, four or five pair of stockings, one pair of brown cloth breeches, a pair of leather breeches, two guineas and 3 s. 6 d. in silver; and that he had paid the money away, where he owed it; he said also he had laid in my house four years ago; and that he knew the way up stairs, out of the entry; that when he did it, he walked backwards and forwards in the entry; and at a proper opportunity went up stairs, and took the things.
William Holiday . The prosecutor had been servant to me; at his going away on the beginning of March; I paid him two guineas and a half in gold, and 1 s. 6 d. in silver; he had lived with me a year; he desired me to look into his box at his going away; he opened it, I saw his coat and waistcoat lying, but as I did not question his honesty, I did not look into particulars.
I know nothing at all of the matter, Mr. Crookshanks has known me ever since I came to London.
Q. to Crookshanks. Did you know the prisoner before?
Crookshanks. He lay at my house two nights, about four years ago; is all I know.
Guilty , Death .
Sarah Gilbert . I live at the Rose and Crown, in Broad-street, near Ratcliff-Cross ; my husband keeps the house, his name is James; some time in Feb. on a Sunday morning, I missed a china punch-bowl, that holds upwards of two quarts ; the prisoner had been at my house, but about an hour before he was apprehended: on the Saturday followingSamuel Gower , Knt. and bound over to appear; but he is not here.
Q. What time was this?
Gwilliam. It was one Sunday morning, he gave it to me, to carry it to the pawnbroker, Mr. Price, at Dick's-Shore, and I did so.
Q. Where do you live?
Gwilliam. I live at Mr. White's, an Apothecary at Shadwell.
Q. How near does Mr. White live to Mr. Gilbert's ?
Gwilliam. About two stones cast off.
Q. Where was you, when you saw the prisoner take this bowl?
Gwilliam. I stood and looked through the window at the time; the prisoner and I had been out together that morning; he went in, and bid me stay without; and brought it and gave it me.
Q. What did you go out about that morning?
Gwilliam. I don't know.
Q. What use was he to make of you?
Gwilliam. I don't know; he did not tell me.
Q. Did you go directly to the pawnbroker's with it?
Gwilliam. No, I carried it home, and kept it there about an hour and half, till he came; then carried it to the pawnbrokers.
Q. What month was this done in?
Gwilliam. I believe it was in February.
Q. What time did you go out in the morning?
Gwilliam. Between five and six.
Q. Was it light then?
Gwilliam. It was.
Q. What time did you carry it to the pawnbrokers?
Gwilliam. Between nine and ten.
Q. What had you lent you upon it?
Gwilliam. I asked two shillings, and he gave it me.
Q. Did he ask you how you came by it?
Gwilliam. No, he did not; he asked me no questions.
Q. Did he know you before?
Gwilliam. He did.
Q. Had you pawned things there before?
Gwilliam. I had, for my aunt.
Q. Had he used to keep open shop, on Sunday mornings ?
Gwilliam. Yes, he does.
Q. From between five and six, to the time he took the bowl, what were you doing?
Gwilliam. We walked up and down in Shadwell ; he went in there, just as Mr. Gilbert was up, and had open'd the door.
Q. What did he go in for?
Gwilliam. He went in for a penny-worth of beer.
Q. Did he bid you hide it?
Gwilliam. He bid me carry it under my coat; which I did.
Q. Is this bowl the same, that is here produced?
Gwilliam. It is; for I fetched it again, with Mr. Cock the constable, I asked for the bowl, that I brought on the Sunday morning; and he gave it me.
Q. How long was it after you carried it, that you fetched it again?
Gwilliam. I think I fetched it the Saturday following.
Q. In whose name did you put it?
Gwilliam. I put it in in my own name; and the prisoner's name; so the pawnbroker wrote it down.
Q. Did he know you before ?
Gwilliam. He did.
Q. to Mrs. Gilbert. Did you see the prisoner in your house, that Sunday morning you lost the bowl?
S. Gilbert. My husband was up, I was in bed.
Q. What is this lad that gives evidence, do you know him?
S. Gilbert. The prisoner has been married to his mother about two years.
Q. to Gwilliam. How long have you lived with Mr. White?
Gwilliam. I lived with the prisoner, and my mother, at the time of his taking this bowl; I went to Mr. White, since the prisoner has been in confinement.
Philip Cock . I am headborough; I was sent for on the 2d. of March; to take charge of this boy, on the account of a pot and a plate ; I asked him if he was concerned in any other things ; he confessed that he with the prisoner robbed the prosecutor's house, and he staid without, and saw the prisoner go in and take this bowl; and he deliveredSamuel Gower , then Sir Samuel granted a warrant against Hall.
I never saw that bowl in my life.
Price not appearing, his recognizance was ordered to be estreated.
Elizabeth Chub . The prisoner and the boy Gwilliam came into my mother's house, the sign of the Angel and Crown, in Queen-street , a publick house near Ratcliff-cross, I was then gone out with some beer, and when I came in I found them both there: the prisoner asked for a pennyworth of beer, after that he said he'd have half a quartern of gin, which they had and went away together. I did not apprehend they had taken away any thing : at night I went to make an end of a shift, which I had left lying on the table in the kitchen, when they came in in the morning, and found it was gone. There was another shift, which I left lying with it, which they had not taken. In about a month after one came and asked me if I had lost a shift, and said he came from the headborough; I went to him and he produced it. Produced in court and depos'd to.
Q. What day was it you missed it?
E. Chub. It was about a month before I heard of it, which was on that day Mrs. Gilbert heard of her punch bowl.
Philip Cock . The boy in his confession said, he and the prisoner had been to the Angel in Queen-street, and that his father-in-law had taken a shift there; that it was about 7 or 8 o'Clock on a Friday morning ; he told me when they went in the woman of the house was in the yard ; he called for some beer, and that after she came in, he would have half a quartern of gin; that the prisoner drank all the gin, and took the shift from off the table, and left something else white on the table, what it was he could not tell; after that they went to Ratcliff-Cross; the prisoner took water and he went home; after that the prisoner brought the shift, and gave it to his mother in the afternoon; I found this shift in the prisoner's house: the woman said her husband brought it home unfieth'd, and gave it her.
Wm Gwilliam . The p risoner and I went into the Angel and Crown, and he called for a pennyworth of beer ; the woman was in the yard, and did not hear; when she came, the prisoner would have half a quartern of gin, when she was gone, he took the shift, and left something white on the table where he took that from; after that he went to Ratcliff-Cross and took water ; I went home, and he came home drunk in the afternoon, and gave my mother the shift ; when the officer came I gave him the shift, and took the sleeves out myself which my mother had sewed in.
The prisoner had nothing to say for himself.
There were two other indictments against him, on which he was not tried.
211. (M) Mary, wife of John Whittaker , otherwise Mary Slade , spinster, was indicted for stealing one silk gown, value 18 s. one poplin petticoat, 29 damask napkins, value 29 s. 10 diaper napkins, two china punch-bowls, 6 delph punch-bowls, one looking-glass, one pewter sauce-boat, one pewter spoon, one brass candlestick, one copper stew pan, one linnen apron, one cambrick handkerchief, three linnen handkerchief, one muslin hood, one piece of brocade, one huckaback table-cloth, and two drinking glasses, the goods of Richard Cowling , in the dwelling-house of the said Richard , March 28 . ++
Mary Cowling. I live at the Griffin in Holbourn . I hired the prisoner as a chairwoman , who work'd as such for me 14 days, I missed things daily, but could not tell which way they went. We had intelligence from Thomas Newton , our servant, of some of them being in the prisoner's room; on which we got a constable and a search warrant, and in searching the room, we found the poplin petticoat, 18 damask napkins, (I lost 29 in all, they cost me 2 s. 6 d. a piece ) two china bowls, six delph ones. a looking-glass, a pewter sauce-boat, a pewter spoon, a brass candlestick. a copper stew-pan, a linnen apron, a cambrick handkerchief, a muslin hood, a piece of brocade, a huckaback tablecloth, and two drinking glasses ; but the gown and my best damask linnen are not yet found. The goods found produced in Court and depos'd to.
Thomas Newton . I live servant with Richard Cowling , I went out for pots, and called at the prisoner's house for some: I saw a butter cup or sauce-boat stand on her corner cupboard, which I imagin'd to be my master's; and also saw a brass candlestick in a little cupboard by the fire-side, which I was positive was my master's, and as we used to miss things every day, I told my mistress, who got a search warrant, and I went with my mistress and the constable, where we found the goods my mistress has mentioned, in the prisoner's room.
Q. Did the prisoner say any thing how she came by them?
Newton. She said but little; she said she knew she was in a fault and was sorry for it.
Q. How long was this after she had done charing at your house, that you found these things?
Newton. It was almost three weeks after, but she had used to come for a pint of beer now and then.
The man that is the evidence against me brought these goods into my room one night, and told me they came out of the country.
Newton. I never was in her room but twice in my life.
Mary Cowling. Our servant Newton is as honest a fellow as ever liv'd. I dare trust him with all I have. These things were taken at different times.
Guilty 39 s.
Q. Did you know him before?
Pratt. I have known him two years and upwards; I enquired among the pawnbrokers, and found it in the possession of Mr. Gibbons, a pawnbroker. ( Produced in court, and deposed to by an Elephant's head for a crest, &c.)
Mr. Gibbons. I think the prisoner brought this spoon on Monday the 19th of March to pawn; he wanted 6 s. on it; I asked him whose it was; he said it was his own; I asked him if he had any more; he said he had three; I asked him who he bought them of; he told me Mr. Johnson, a Pawnbroker, and that he gave 9 s. a piece for 'em. I weighed it, it weighed 2 ounces, then I said, I hoped the others were a great deal bigger than this, if he gave that money for them; he said they were a great deal bigger (and this was worth much more than nine shillings, I was satisfied he had not bought them for that money); so I said I would stop it: he told me his name was Anthony Robertson , and lived at a Chandler's shop in Wild-street, and that he'd stay till I came back, if I would go and enquire. I went and describ'd him, and said he was a Lincolnshire man as he had told me: they told me there was one Thomas Weaver , a Lincolnshire man lodged there, who answered the description of the prisoner; but when I came back he was gone. The prosecutor came and owned the spoon, and brought another and compared with it. I described the man; he said he believed it was one Thomas Weaver , so he took him up.
Prosecutor. The time the prisoner was at my house, he was twice out of the room backwards; but how he came by the spoon, I know not; the spoons were in the house, in another room.
The Second Part of these Proceedings will be publish'd in a few Days.
In the 26th Year of His MAJESTY's Reign, BEING THE Fourth SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.
NUMBER IV. PART II.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1753.
[ Price Four-Pence,]
King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.
I WAS in the house, but not out of the room, and there were no spoons in the room I was in, the prosecutor says.
To his Character.
Q. What sort of a life has he liv'd, what is his character?
Weaver. I have had no conversation with him a great while; I believe he gets his livelihood by working, but I don't know.
Q. Have you had any occasion to make an experiment of his honesty ?
Weaver. No, I have not.
113. (M.) Thomas Bonson , was indicted for stealing three linnen shirts, two linnen shifts, one linnen apron, one holland sheet, two pillow-cases, one dimitty petticoat, one black velvet hood, two linnen towels, three linnen napkins, one dimitty mantle, two pair of dimitty sleeves, five dimitty waistcoats, seven linnen caps, five linnen forehead cloaths, one diaper bibb, three diaper clouts, fourteen damask clouts, one muslin handkerchief, two silver thimbles, one fan, and one diaper table cloth , the goods of William Temple , Feb. 24 . +
William Temple . The prisoner had lodged in my house four years, a little before last Christmas ; on the 5th of Feb. he went away; I was sick in my bed ; my wife went away on the 7th of Feb. and I never saw her after, till she came to justice Fielding's : the prisoner came home on the 10th, to his lodgings as usual, he lay there all night; the next morning he came down stairs and told me he had packed up two bundles, and had put his foul linnen in his box; and that he would keep his lodgings on as before; and bid me take my sheets, and get them washed; he sent for the two bundles on the 15th, and on the 20th, he sent a note, by Thomas Statchman , for me to let Statchman have the box and things to his house; I refused to deliver the things, there were some of my things in the box; I got some of my friends to get the constable, which they did, and before them I opened the box; and on the top of the other things, there was a book of mine, which he had got to keep his account in; there lay his fowl linnen on the top, and all the
Q. Was the box locked ?
Temple. It was.
Q. When did you open it?
Temple. On the 24th of Feb. after this I got a warrant to take up the prisoner, and he was taken up on the 27th at Hampton-court.
Q. What is your business ?
Temple. I keep a chandler's shop in Ship-yard.
Q. Whether your wife had liberty to go in and out of Bonson's room?
Temple. Yes, to make his bed, as a woman ought to do.
Q. Who had the key of the room?
Temple. He used sometimes to leave it in the key hole.
Q. How do you know but your wife might carry these things into his room?
Temple. That I don't know ; the prisoner had the key of the room last.
Q. How do you know that?
Temple. Because when we went into the room, there was no key in the door, and it was open.
Q. Did he use to leave the key in his box ?
Temple. Not as I know of, I never saw the key in my life.
Q. Was you always at home ?
Temple. No, I have sometimes been out for 15 weeks together serving gentlemen, and the prisoner and my wife were in the house together.
Edward Jones . I was at the door, opposite the prosecutor's house in the Ship-Yard, near Temple-bar, on the 24th of February; he call'd me in, and desired me to go up stairs, and see this box broke open, saying, he had a great suspicion of some of his goods being there. I, Mr. Corbet, and the constable, went with him, and with a chizel he broke open the top of the box.
Q. Was the box lock'd?
Jones. It was: we took a catalogue of the goods which he said was his property: it is here in my hand, the goods here produced are the very goods. I remember in particular two fine large smocks: they were packed up in the room, and the constable took the key, after which Mr. Temple went and got a warrant.
Q. Did you know the prisoner at the bar before ?
Jones. I did from the time of his lodging there, which is about four years.
Q. What was become of the prosecutor's wife?
Jones. She was not at home, how should I know what was become of her.
Q. Was it lock'd?
Corbet. Yes, it was, Sir, and Mr. Temple open'd it with a chizel or poker ; there were these goods here produced, found in it. I took an inventory of them at the time, that I might rightly swear to them.
Richard Lamb . I am the constable, I was by when Mr. Temple broke open the box in his house, and these goods here produced were taken out: I have had them in my custody ever since. He produced a letter. This letter the prisoner owned to be his hand-writing before Mr. Fielding. It is read to this purport :
Directed to Mr. Statchman.
'' I desire the favour of you to go to Temple's, '' tell him to let you have my box and glass, and '' the remainder of my things, and pay him 4 s. '' 6 d. for one week's lodging, that being all I '' owe him; and let my things stay at your house '' till I come to town, put the pint pots in your '' cellar, or any where that suits you. I shall not '' be in town to stay this good while, so 'tis not '' worth while to keep a lodging in town, and in '' so doing you'll oblige your's,
'' THO. BONSON.''
I don't know any thing of the affair, I was in the country when this happened, I told them they were at their liberty to let the room, and they did let it for five shillings per week: this box was always left open, and the key in a chest of drawers in another room belonging to Temple, and I gave him and his wife liberty to lay any thing there: they might put them in for what I know, but his wife will prove that I am innocent.
M. Temple. I had, and I took it away with me on the 7th of February, and I intended to have taken the box with me.
Q. When did you put the things into the box ?
M. Temple. I put them in on the 6th.
Q. When did the prisoner go away?
M. Temple. He went away a night or two before me.
Q. Where did he go to?
M. Temple. I don't know that.
Q. Why did you go away?
M. Temple. Because I have heard my husband had another wife when he married me, and he abus'd me so that I could not live with him.
Q. Was he not sick when you went away?
M. Temple. He was no more sick than usual, he has been sick this sixteen years when he has a mind for it.
Q. Was this box never lock'd?
M. Temple. It always was open, and the key in a drawer, which I took.
Q. Was you married to the prosecutor?
M. Temple. I was.
Q. How dare you come in evidence against your own husband ?
M. Temple. I come in justice.
Q. How came the prisoner to send a letter to have the box delivered to him?
M. Temple. I know nothing of that.
Q. Where did you go?
M. Temple. I went to a friend's house near Chesson.
Q. Are you sure he has another wife, and had her Before he married you?
M. Temple. I am sure he has.
Council. Then you have robb'd the man, for you are not his wife.
Elizabeth Williams . I have known Mr. Temple about four years, I us'd his shop, and owed him five shillings after his wife went away; he sent for me, and said he wanted to speak with me: I went to him, he told me his wife was gone and had robb'd him, and if I could help him to the money I owed him, it would be of service to him.
Q. What day was this?
E. Williams. This was on the 7th at night.
To his Character.
Thomas Abbot . I am a house painter, so is the prisoner, he was doing work for me at Richmond lodge, he had been at work for me the two last summers and all this spring; he has been trusted in many places of consequence at Richmond, Hampton-Court, Mr. Pel ham's, &c. under me. If he had been a person of that disposition, he had it in his power to have done great mischief.
Q. What is your opinion of him as to his honesty?
Abbot. I have a very good opinion of his honesty, he is a very sober honest man, I would trust him with untold gold: the woman told justice Fielding she was sorry she should be guilty of so rash an action, to put any thing into an innocent man's box. I was bail for the prisoner.
Council. You seem to have a great opinion of the prisoner for his honesty, pray tell me would you trust him with your wife upon your oath?
Abbot. I dare trust my wife with any man.
Q. Do you think a woman would go to put things into a man's box without his privacy ?
Abbot. I know nothing of that.
Q. Have you any notion of a sin against God, as well as against the law of the land?
Abbot. As much as the council.
Q. Then how can you come here to justify a man that can suffer a woman to put things into his box, and after that he sent for it as his property, to be delivered by her husband to him?
Abbot. I believe the prisoner to be no ways guilty of the thing.
Q. Do you believe he never knew of the goods being put into his box.
Abbot. I cannot know any thing of that, I speak of his behaviour to me, and what the woman said before justice Fielding.
Mr. Arthur. I am a painter, I have known the prisoner ever since he lodged at Mr. Temple's house, and have work'd with him; but never heard him so much as suspected of a felony, I really think him to be an honest man.
Q. Will you run away with a man's wife, and think it no hurt?
Arthur. May be not.
James Arthur . I have known the prisoner about four years.
Q. What is his general character?
Arthur. It is that of an honest, sober, civiliz'd, well-behav'd young fellow.
John Cock . I put up my horse, it was a bay gelding, at the George inn, in the borough of Southwark , on the Monday before Christmas last; he was taken from thence that morning, and I found him at Barnet two or three days after Christmas, in the custody of the constable name Buckle, I went before a justice, and swore to him as my property.
Philip Edwards . I am one of the hostlers at the George inn, in the Borough, I took in a little black horse, that the prisoner took into the inn upon, on the Monday before Christmas day; the prisoner said he must have him taken good care of, for he had come forty miles that night. I belonging to another stable, told him the man that belonged to that stable would be there in two or three minutes. He said he must take him out and go elsewhere, for he could not stay; so he was in a hurry to have him out again, and took out a wrong horse, which was Mr. Cocks's.
Q. What colour was Mr. Cock's house, and how high?
Edwards. It was a bay horse, about fourteen hands high. I stopp'd the horse, and put him in again, and told him it was not his horse. Then the prisoner walked up the yard and would not have his house then I went to my stable. After this Mr. Cock's horse and the prisoner was gone, and the prisoner's black horse was left.
Q. from the prisoner. What time did I come in that morning ?
Edwards. About seven o'clock in the morning.
B. Jones. About the eighteenth of December last; at night, the prisoner, came to my house, the Ship and Dragon at Barnet, on a bay horse about 14 hands and a half high : I apprehended him on suspicion of robbing the Darby waggon. I went to St. Athan's and fetch'd the box that had been stole out of the waggon, which was found in the field. The prisoner was sent to St. Athan's goal. I read the advertisement on the 19th, of a horse being last, which answered to the horse the prisoner rode. I let Mr. Cock know of it, he came and swore to it, as his property. The prisoner sent a note to me from goal, to deliver his horse to the constable, which I did.
Q. Is your house in Middlesex or in Hertfordshire ?
Jones. My house is in Middlesex.
Joseph Buckle. I carried the prisoner to St. Alban's goal, the horse was delivered to me by Mr. Jones, it was a bay horse about thirteen or fourteen hands high: Mr. Cock came and swore to him.
Q. What did he ask for him?
Youlding. He asked six pounds for him, or six guineas, and said he was his own property.
Q. Did you ask him first to sell him?
Youlding. Yes I did.
Thomas Harrison . The prisoner offered to sell the horse to me, the same day he offered him to Mr. Youlding, for six pounds or six guineas. We were at the constable's, but the horse was at Mr. Jones's.
Q. What sort of a horse was it?
Harrison. It was a bay horse about fourteen hands high.
Q. Did you first ask him to sell this horse?
Harrison. I can't tell whether I did or not.
Samuel Farney . I live at the Dolphin at Holloway, the prisoner came to my house with a boy behind him, the Monday before Christmas about three o'clock in the afternoon; he asked me if I could write, I said I was busy in attending upon some of the Birmingham waggons. He put his boy into a Birmingham waggon, at my door; he was on a bay gelding, about fourteen hands high. My wife wrote a letter for him. He said he was going to sea that night, and that he wanted to dispose of his horse, and asked me if I would buy him.
Prisoner. My lord, ask that witness if he did not offer to go with me to Gravesend, and to buy the horse.
Farney. The prisoner would have had me to have gone with him to Gravesend, and bought the horse; and brought him home from thence :
I was going on board a ship, I came up from Gravesend, to put out my little boy into the country; I came all night on the Monday night; the captain told me he should fail away on Tuesday at two o'clock. I rode my horse into the inn in the Borough, and called for the hostler ; I did not think
Q. to Jones. Did you see a boy with the prisoner ?
Jones. No, my lord, not till I came to St. Alban's, there was a boy came down stairs at the inn where the waggon was that belong'd to the prisoner.
Q. to Farney. Which way did the prisoner come when he came to your house with the boy?
Farney. He came from Highgate, and my house is between there and London
Q. Which way did he go from your house?
Farney. He went away towards London, and took up a man behind him, and he staid in Woods-close.
Prisoner. The horse I brought to the Borough, was my own horse, about thirteen hands high ; I did not know I had the wrong horse, till I came on that side London, it being dark; so I thought I might go on to carry my boy to the waggon.
Cock. He had also my bridle, saddle, and saddle cloth.
Q. Did you see the black horse of the prisoner's?
Cock. I did.
Q. What is the difference as to their value ?
Cock. Mine was above 4 l. better than his.
Guilty . Death .
He had another indictment against him, for robbing a pack-horse on Finchley-Commons see his wife tried for it, with others, No. 425, Alderman Alsop's Mayoralty; see him also tried for stealing two silver tankards, No. 573. in Alderman Calvert's Mayoralty.
215, 216. (M.) James Hanson , was indicted for stealing two pewter plates, value 1 s. one brass candlestick, value 6 d. one copper sauce-pan, value 6 d. the goods of Steven Scott ; and John Hanson for receiving the same, well knowing them to have been stolen , Feb. 23 . ++
Q. How old is he?
Scott. He is about 16 years of age. I sent him to look for pots, he did not return at all. I sent my servant after him, who saw my two plates, and a brass candlestick in his room: I went and found them in a box. I took the boy before the justice, there he confess'd he took away these things for his father's use. and that he had caus'd him to take a copper sauce-pan which I had missed, and that it was pawn'd in Wild-street; I went to the pawnbroker, and found it accordingly. The goods produced in Court, and deposed to. The father was taken up, he confessed he had the saucepan to beat out a bruise, and the boy said his father ordered him to take these things from me.
I am a French-horn and Trumpet maker , I only had these things to beat the bruises out: I have work'd for several Lords, Dukes and Knights.
To his Character.
Both guilty .
Richard Wheeler . I am father to Elizabeth: she is 9 years and four months old the fourteenth of October last, Old Stile. On Shrove-Tuesday the prisoner and I were drinking a pint of beer together, he desired I'd send him 6 d. till Saturday, which I did.
Q. What business is he?
Brick-lane , and we eat together ; my two children followed their mother to the ale-house; the prisoner took Elizabeth between his legs, and kept stroking of her face; my wife desired her to go home and light a candle, and told her she would follow her; the prisoner said he'd go with the child, and took her by the hand. I thought it was to help her over the kennel, they staid about three quarters of an hour before he came in again; my wife went over to them in about half an hour; but I sat in the alehouse till they came back; when he came, I asked him what made him stay so long; he said he had been with Betty, and she was lighting the fire; we staid together till about the hour of twelve, then we shook hands and pared ; I heard no complaint till nine days after; my wife then going to wash, she found the child's linnen spotted, she began to examine the child what that was upon her shift; after that I looked at the child ; and I sent for a midwife, the child is not well, but is now under the care of a surgeon, who is here to give an account.
Elizabeth Wheeler . I am wife to the prosecutor; my husband and the prisoner were at the ale-house together last Shrove-Tuesday ; he bid me to bring him some victuals over ; I did, my two daughters came over to me, Elizabeth is the eldest ; I bid her go home and light a candle; the prisoner said I'll go with her, you may if you please said I, he had been stroking her face as she stood between his legs before they went, I thought they staid a great while, and I went over to them, and sound them both there, but had no room to suspect any thing then ; on the Thursday was a week after this, I found her linnen soul, it was slibbery like; I asked her whether she blow'd her nose on her shift; she said yes ; at night I examined the child, and found a running upon her; then she said if I would not let her be beat she would tell me; I told her she should not be beat, then she told me.
Court. You must not say any thing the girl told you.
Elizabeth Wheeler , the younger. My mother bid me go over the way and light a fire; I went, the prisoner went with me; I laid down the bellows, and was stooping to take up the cynders, he took me by the leg, and throw'd me on the bed.
Q. What bed?
E. Wheeler. My mother's bed in the same room; he bid me not tell my mother, and I said I would; but when my mother was coming, he said if I told her or my daddy, they would kill me.
Q. What did he do to you when he slung you down on the bed?
E. Wheeler. He took down his breeches and took out his cockey, and put it to mine; when I cryed out he bid me hold my tongue.
Q. Did he hurt you?
E. Wheeler. He did
Q. Was any thing in you?
E. Wheeler. I can't tell that.
Q. Was you ill presently after?
E. Wheeler. No, I was not.
Q. Could you walk about the next day, and do your business as usual?
E. Wheeler. I did, my mother came to find it out by chance, or I would not have said any thing about it.
Robert Bristow . The child's friends brought her to the London hospital, about five or six weeks ago she was examined by Mr. Hambleton, and Mr. Grindal ; I was by at the time; they both declared she had the foul disease.
Q. What is your opinion ?
Bristow. My opinion is the same, that it is a clap.
Q. Did you perceive any thing of violence being used ?
Bristow. I did not.
Q. Had she been penetrated ?
Bristow. I believe she had not.
Q. Could she have that distemper without penetration.
Bristow. Such an injury cannot be committed without a contract.
But detained to be tried, for assaultin g with an intent to commit a rape, &c.
218. (M.) Mary Brown , spinster, was indicted for stealing one cotton gown, value 10 s. one linnen gown, one linnen apron, one camblet petticoat, one hat, one cloth cloak, one pair of leather shoes, one pair of worsted stockings, and one cap ; the goods of Elizabeth Brown , spinster, December 26 . *
Elizabeth Brown. The prisoner came to the woman where I lodged, in White-Cross-Street ; and cried, and said her master had turned her out; I took pitty on her, and took her in and gave her victuals; and begged of my landlady to let her lie with me; she came on the Wednesday before Christmas-day, and had layed with me till Christmas-day,
Q. What did you lose?
E. Brown. A flower'd cotton gown, one linnen gown strip'd; one camblet petticoat, one black hat, one scarlet cloth cloak, a pair of leather shoes, a pair of green worsted stockings, and one cap; they were all in the room where I lodg'd, and over night we lock'd and bolted the door within side, which was about ten o'clock: several of the things I had worn the day before, and I pull'd them off, and laid them on the chair. I arose between six and seven, the door stood open, and she was gone.
Q. Where did you put the key?
Brown. That was left on the inside of the door?
Q. Did you hear her go out?
Brown. No, I did not; we took her on Shrove-Tuesday: I went to St. Alban's after her, and at the house where she had lodged, I found my necklace on a child's neck; but that I did not lay in the indictment: she was taken before my lord-mayor. She confessed at the Magpye and Sun, facing the New-market, Holborn, that she had sold my strip'd gown, at a sale-shop in Market-street, about eight miles beyond St. Alban's, for 4 s. 6 d. and that she had sold my purple and white gown in a barn at Barnet to a traveller for 2 s. she would not tell where she sold the rest of the things, but said she took them all, and went out at six in the morning.
John Speening . The prosecutrix is my daughter-in-law. There came a woman in a great hurry, the 26th of December, and told me my daughter was robb'd of all her things, except her shift and cap; her mother carried her things to put on. We found the prisoner was apprentice to one Steward, in Blue-Anchor Alley, we went there, and was told, it was supposed she was gone for St. Alban's: we advertised the things lost. On the 6th of March my wife and I going to dine out, we met with her in Field-lane, and my wife asked her if her name was not Mary Brown; she said no, her name was Betty; but by her Face it appeared to be her. We took her in at the sign of the Magpye at Holborn-bridge, where she confessed she took the things, and went out about six o'clock in the morning; that she sold one gown to a woman at Barnet in a barn, and the other to a shopkeeper at Market street for 4 s. 6 d. she would give no account of the rest. We took her before my
Lord-mayor: there she said she was drove to it by necessity, that a young man had left her with child and was dead.
Q. to E. Brown. Did you go to Market-street?
E. Brown. No, my lord, I did not.
Mary Speening . I am wife to the witness John Speening , and mother to E. Brown, on Shrove-tuesday my husband and I were going down Field-Lane, there sat the prisoner at a door, and I seeing a mark upon her lip, thought proper to ask her name, and she answering to the description which my daughter advertised, I thought proper to take her to an alehouse there, where she confessed the fact, we then took her before my Lord mayor, and she was by him committed to Newgate.
Ann Steward . On the 20th of December last, the prisoner came to my room in Whitecross-street, and said her master was going to beat her, upon which she ran out of doors. I went to her master and mistress, who would have taken her in again, but she would not go. The young woman said, rather than turn her out at night she shall lie with me, which she did till Christmas-day ; when we went to bed the things mentioned in the indictment were in the room, and when we got up they were all gone.
Q. Did you lie in the same room?
A. Steward. I and my young child lay in the same room.
The prisoner had nothing to say but called her master to her character.
Josiah Steward . I am a stocking-maker and live in Blue-Anchor-Alley, I have had this girl six years apprentice to me, she has been a very untoward girl, and would not do so well as I could have wished her.
219. (M.) George Robertson was indicted for that he, together with John Briant , on the king's highway on James Holland did make an assault, putting him in corporal fear and danger of his life, one hat, val. 2 s. one peruke, value 20 s. from his person did steal , &c. December 31 . ||
James Holland . On the last day of the old year between nine and ten o'clock I was stopp'd by three men in Mansfield-street , I had a bit of a link in my hand, which they twisted out of my hand: one held a pistol to my breast, and desired me to deliver what I had, and another of them had a cutlass. When they could get no money they took
John Pennell . At the time this robbery was committed, I knew the prisoner Barber and Briant, and being constable of St. John's, Wapping, I saw Robertson about four or five in the afternoon of a Sunday, the last day of the old year, I have seen him out several times after twelve o'clock, as if he was a thieving, and have had him in custody two or three times for riots and assaults. There had been two or three gentlemen robb'd, one a captain of a ship that liv'd by Shadwell church, who was cut; for it was a common way to knock people down before they spoke to them to stop: there was a proctor's clerk robb'd, and his finger cut, which made us suspect these men. This robbery was on the Sunday night, and on the Monday morning the thief-catchers were about; they said they had got Briant and Barber, and wanted Robertson, whom I had seen just before go down the lane. Barber was then admitted an evidence before Sir Samuel Gower , and Robertson was taken up on the first of March, we took him before Sir Samuel Gower , who said it was an unfortunate thing, for Barber the evidence was discharg'd out of New Prison; but he looked in his book, and told me where to find him in Shoe-lane ; on which we went and took him before the justice, where he swore to the prisoner, that they were together in four or five robberies, and that one of them was for taking a hat and wig from a man in Mansfield-street, the last day of the old year, about a quarter of an hour before ten o'clock, and that the man's name was Holland, whose brother is a milkman: this Robertson said as well as Barber; and said, before Sir Samuel Gower , he was guilty of the robbery he is here charg'd with.
Q. to Holland. Have you a brother that is a milkman?
Holland. I have, he lives at Islington.
Evidence continues. After Robertson was committed, the justice bid us go and see if we could find out the prosecutor, which we did, and he was bound over to prosecute. Barber was ordered also to appear as an evidence; but he is off, and we hear he's about in a very bad way with one Welch, that was tried here on his evidence after Briant was convicted.
Stephen Pelt . I am beadle of St. John's, Wapping, this Robertson lodged at a bawdy-house when this robbery was committed, Barber used the same house: the prisoner was taken on the 1st of March, we took him before Sir Samuel Gower . The rest as the other witness, with this addition, that the prisoner said he did not care if was tried on the morrow, for he was weary of being in the world.
These people took me at the glass-house, and carried me to the watch-house: they went to giving me money and liquor; I was very ill with the foul disease, so as not to be able to walk, I said I wished I had been dead, because I had no money or friend to put me in the hospital. I know nothing of the fact.
Guilty Death .
+ Guilty .
Cornelius Harrison . I am a cooper and live in Conduit-street, near Swallow street , on the 19th of April last, I was called up by the cry of a thief was breaking into my cellar, about twelve at night. The prisoner had formerly work'd with me; he was taken when I got up, and the two adz, saw, and shaving tool were found upon him, produc'd in court and depos'd to. The hinge of the door was fast when I went to bed, but broke when I got up.
Thomas Sibley . I am a baker, I had been making my dough, on the 19th of April, about twelve at night, I heard a noise of breaking, I looked to the prosecutor's cellar door, and saw one half of the door broke, soon after I saw the prisoner come up out of the cellar, on which I asked him what business he had there; he said, he work'd with that man, I alarm'd the prosecutor, the prisoner ran down Swallow-street, I call'd, Thomas Grant
Thomas Grant . I came out to make water and heard the cry of Stop thief! I saw a man run by me, I followed and laid hold of his collar, it was the prisoner at the bar; he call'd me by my name, and said you know me: I said I know nobody at this time of night. We found the things mentioned upon him.
The prisoner had nothing to say for himself.
|| Guilty .
Alice Watley . I keep a butcher's shop in Church-row , last Monday between one and two o'clock I was called down stairs, and told, a man had stole my brass weight out of the scale : I came down, he was taken in the street and brought back with it, it is a bell-mettle weight. Produced in court.
In the indictment it is laid to be a brass weight. The jury were directed to acquit the prisoner .
++ Acq .
228. (M.) Richard Barton , was indicted for stealing one silver mug, value 3 l. one table cloth, value 2 s. six linnen frocks, value 6 s. the goods of Richard Cross , in the dwelling house of the said Richard , April 13 . ++
Richard Cross . I live in Albemarle-street , and on the 13th of April I lost a silver pint mug, six white linnen frocks, and a table cloth, which I advertis'd on the 16th; the prisoner was taken up, and confessed at a publick house that he took the things mentioned, and that he had sold the silver mug at a silver smith's shop by Great Pulteney-street for 2 l. 13 s. but the next morning he told me in the watch. house that he had sold it for 3 l. 1 s. 3 d. and that he sold some of the linnen in Monmouth street, and some he pawn'd. He was in the same story before the justice, but there were two persons, who told him, if he confessed he'd hang himself; then he denied it. I went and found the silver mug, but the name is burnished out, it had W. H. on it at the bottom; there were also two bruises on it, which now are out; the woman that bought it of the prisoner said she bought it the very day I lost it.
Q. Why is it not here?
A. Montgomery. My servant forgot to bring it.
Q. Were there any bruises in it when you bought it ?
A. Montgomery. There were two.
Q. Were the same letters on it which the prosecutor mentions?
A. Montgomery. I did not see them, I ordered it to be done up to make my money again.
Q. from the prisoner. What did justice Fielding say about the letters being taken out?
A. Montgomery. He said it was a wrong thing to take them out. The prisoner had been at my house several times before.
George M'Gregor. The prisoner came to Mr. Dillon's in Albemarle street, who lodges at Mr. Cross's; he came to present a petition to my master Mr. Dillon; he told me a great deal of his living with the primate of Ireland; seeing his condition, I took pity on him, and should have endeavoured to get him a little money to take him back to Ireland, I told him my master was not up, and desired he'd come about four o'clock, upon which he said he'd come, but did not see him at the time; these things laid in the indictment were missing
Q. Was the gate open?
E. Brooks. It was all the afternoon, the silver pint mug stood in the window, and the frocks lay upon our table near the kitchen door at the time I carried some things up stairs, and when I came down I missed the frocks from off the table, I did not then miss the mug, but did just before five o'clock.
Mr. Caldicot. I am a silversmith, and do work for Mrs. Montgomery, from whom I received a silver mug, but can't tell the day, I believe it was in April, there were 2 letters on it, but I cannot remember what they were, and two bulges likewise on it. According to my orders I took the two letters out and the two bulges, and did it up for the shop ; I took out the letters from another at the same time for her.
Justice Fielding said to this woman, he was surprised she should buy a silver mug of such a fellow as I; she said I was dressed a great deal better when I came there with it, but I was in the same cloaths, and the y made me say things that I did not like, I wanted to get out of their company. Mr. Cross said he'd do this and the other. I never was in any house, and know nothing of the things. I have lived with my lord primate of Ireland, who allows me 20 guineas a year. My father lives but at Kingston-upon-Thames.
Guilty 39 s.
229. (M.) Sarah Harrison , otherwise Sarason . was indicted for stealing one silver salt, value 5 s. one silver pepper-box, value 5 s. one silver milk pot, value 8 s. the goods of Heliot Campbell , widow, February 20 . ++
The prosecutrix was moving her goods from one house to another, and the prisoner was intrusted to assist in carrying; she took away the plate mentioned and carried it to pawn; she was suspected, and an officer charged with her. The plate produc'd in court and deposed to.
230. (M.) Joseph Kettle , was indicted for that he, on the king's high way, on John Molye did make an assault, putting him in corporal fear and danger of his life, and 7 s. 6 d. in money numbered from his person did steal, take, &c . April 4 ||
John Molye . I live right opposite Shoreditch church, and am a fishman . On Wednesday was a month (April 4 about twelve at night) I was coming home from Enfield, and heard two men talking upon what subject I did not know; this was facing the Cock at a place they call Shacklewell as we go to Newington. As I drew up near them I called, hollo ; the man along with the prisoner, who was taller than he is, call'd, hollo; I had a basket on my head, the other man rushed up against me, and asked me how much money I had got in all; I made answer, the d - l a jack; he said, let me have Jack, let me have Gill, he'd have all I had got. The prisoner said, money we want, and money we must have. One of them was on my right hand, and the other on my left. I had seen the prisoner on that road more than once.
Q. Was it a light, or dark night?
Molye. It was star light, no moonshine; the other man took three half crowns from me and some halfpence; he said to Kettle, do you take the money, Kettle held my basket all the time; then the other man said, let us tie him and toss him into the ditch, then he will not follow us; so Kettle took my garters from my legs and gave them to the other man, and they bound my hands; gentlemen, said I, you have got my money, you
Q. Were your hands tied then?
Moloye. Yes, they were, I untied them with my teeth, and took up my basket; as I was taking up my basket the other man came back and asked me how much money I had got. This made me suspect they were jealous of each other; I told him I did not know how much money I had.
Q. Had you untied your hands then?
Moloye. No, I had not, they were got about ten yards from me; then they went towards Newington, and I went home.
Q. Did you see the prisoner after this?
Moloye. I did not see him till after he was taken up; I had described him.
Moloye. The next morning to a fishman that knew me, and bought fish with me that day.
Q. What is his name?
Moloye. He goes by the name of Irish Tom.
Q. What was his answer?
Moloye. He said, tell no person of it till you take the prisoner, then people will believe you.
Q. Is he here?
Moloye. No, because I have no money to subpoena him.
Q. Did you take the prisoner up?
Moloye. He was taken up upon my description by Long Charles and some others, they had got him in Kingsland Road; when I came into the house, there were a great many, four or five of them were asleep; I said, awake that man in the corner, let me see his face, and I'll tell you whether he is the man or not; he looked in my face, I knew him, and swore before justice Chamberlain, that is the man that was in the robbery.
Q. Should you know the other, do you think?
Moloye. I should if I saw him.
Q. Have you seen him before?
Moloye. I have.
Q. Have you seen the prisoner before?
Moloye. I have by times as I go the road backwards and forwards with carts about his master's business.
Q. How many times have you given evidence about highway robberies.
Moloye. I never was robbed but once before, and then I was drunk and did not know the man.
Q. Was you sober this time ?
Moloye. I was, I was not drunk, drinking I had been.
Q. Whereabouts in the road was this robbery?
Moloye. I was robbed facing the Cock.
Q. How near to Enfield?
Moloye. About eight miles from Enfield church ; it is a little way from Kingsland turnpike.
Charles Remmington . Mr. Moloye gave me directions of the man that robbed him of 7 s. 6 d. and some halfpence, saying, he used the road, was pitted with the small-pox, and had a waddling way of walking, so I and others went, and we took him directly facing Hackney church about a fortnight after the robbery; the prosecutor had inquired out his name, and told us his name was Kettle, and that he worked with Mr. Battmaker ; I carried him to the Red Lion in Kingstand-Road, and sent for Moloye; when he came we did not say which was the prisoner, nor which was not; he pitched upon him as soon as he saw him to be the man that robbed him.
Q. How many people were there in the room?
Remmington. There were six or seven men and women.
Q. How many of them were men?
Remmington. Four or five of them were, and Mr. Moloye swore before justice Chamberlain that the prisoner was the man that robbed him.
Prisoner. The prosecutor swore I had a leather pair of breeches on and a white waistcoat when he was robbed.
Moloye. So he had, his leather breeches were torn behind, and his shirt hung out, and his waistcoat was slit down the back.
I know nothing of the matter, I was at home before eight o'clock, and in bed that night by nine.
For the Prisoner.
John Cowling . I live in Hackney, am a butcher, and have known the prisoner 12 or 13 years, he has worked for several people near; I never heard any thing amiss of him in my life; I employed him on the 4th of April, about four in the afternoon, to help me kill a hog and gave him some haslet for his supper, he was with me till near 7 o'clock, I gave him also a pot of beer; the next morning,William Nichols 's house.
Q. How long has he lodged at your house?
Nichols. About half a year, he worked for Mr. Woodfield, a farmer and cow-keeper, he came home about eight o'clock at night on the 4th of April with a hog's baslet and the intrails of the hog; he went out about five in the morning. My wife and I were both at home.
Q. Did he go out again on the 4th of April after he came home?
Nichols. I never saw him go out again, if he had gone out he must go through my apartment, My wife got up about 12 in the night to go to wash for Mr. Pratt, she wanted the prisoner's wife to take her child; I then heard his voice in bed, he desir'd her to bring it to them.
Q. What day of the week was the 4th of April?
Nichols. It was on a Wednesday.
William Pratt . I live in Humraerton. Anne Nichols works very often for me. I am a master bricklayer, she washes and scowers for us, and generally, comes about 12 at night, that is what they call a day and half's work.
Q. Do you know any thing of her washing for you on the 5th of April.
Pratt. It is my wife's business, and I don't keep an account of the times, I can't say as to that.
Q. Doubtless you know what the prisoner's character is?
Pratt. I do know him, but never heard he had a bad character; he has one of the best of characters for a common carter.
Q. What is his character?
Woodfield. I never knew him to wrong any body of a farthing, he is as honest a fellow as I have in the way of carting. He was my carter.
Q. Do you know where he lodged last?
Woodfield. I heard he lodged at Hummerton.
Thomas Talwood . I live in Hackney road; I have known the prisoner almost eight years, he has worked for me; I am a cow-keeper and farmer, the prisoner does not do all manner of work, he is an honest man, he has boarded with me, I could have trusted him with any thing in the world, he always had a good character, a hundred people can prove it, I'll give a hundred pound security for his honesty now.
Q. Did he keep out of the way since the 4th of April.
Battmaker. No, he did not, as I know of.
Q. What is your opinion of his honesty now?
Battmaker. I esteem him an honest lad now; he has been all over my house at times.
Q. Where has he lodged lately ?
Battmaker. I can't tell that.
Q. Would you employ him again, was he at his liberty?
Battmaker. I will to-morrow if he comes.
231. (M.) Nicholas Lawrence , was indicted for that he on the kings highway, on John Field , did make an assault, putting him in corporal fear and danger of his life, 3 s. 10 d. in money, from his person, and against his will, did steal, take, &c . April 13 . ||
John Field . I live in the parish of Enfield, I am servant with Mr. Fipps ; I was coming to London, with a drove of sheep, last Saturday was a fortnight, about twelve at night ; the prisoner at the bar, came up to me, and laid hold on my horse's head, and asked me for my money; I think he had a sort of a hanger in his hand: it was some sharp thing; the moon shone very bright, so that I am sure it was the prisoner; he had a little cropt hat on.
Q. Had you ever seen him before?
Field. I had at Edmonton, I think some time last summer; I gave him my money, which was 3 s. 10 d.
Q. Did he strike at you?
Field. No, he did not, I was much afrighted ; about ten minutes after I was robbed; I met Joseph
Q. Was any body with you then?
Q. Did the prisoner say any thing for himself?
Field. He denied it.
John King . I met John Field , in Duck lane, on the 13th of April; being a Saturday night, between 12 and 1 o'clock; Field said brother I would have you take care if you have any money about you; for I have just been robbed; my master got off the cart, and went over the hedge, because he had a great deal of money in his pocket.
Q. What is your master's name?
I went down to St. Alban's on the 11th of April, after a woman that travels with goods, the people apprehended me before I could find her.
Guilty , Death .
There was another indictment against him, for robbing King of 2 s 4 d. but he was not tried upon that.
232. William Holden , was indicted for stealing one pair of worsted breeches, value 3 s. one silver watch, one half guinea, the goods and money of John Procter the younger; one pair of buckskin breeches, three guineas, and one half guinea, the goods and money of James Hand , in the dwelling-house of John Procter , April 17 .
The prisoner was but between 10 and 11 years of age, the jury were directed to acquit him without going into the evidence.
William Butler . On the 1st of April, in the evening, I was at Mr. Williamson's house; I saw the prisoner set drinking in a box near the door, there was another person with him; I now and then looked at them and they at me; after I had been there some time, I turned my head, and Mrs. Williamson scream'd out the fellow is run away with my tankard; I, and several others ran after him ; a coachman told me, he was run down Lawrence-Poultney-lane, I went there, I saw somebody going as if they went through the rails; when I came to the court I saw a gentleman standing with a tankard in his hand, and the prisoner as if he was going into a house, I went and took hold on him.
Q. Was the prisoner drinking out of a tankard at the prosecutor's house?
Butler. He was, I saw it; the prisoner was brought back to the prosecutor's house; there he said it was real want that occasioned him to do it.
Anthony Merry . A person ran by me with something white in his hand about half an hour after nine at night, about three weeks ago; I can't tell the day of the month, there was the cry, stop thief! I ran after him, he dropped the tankard at some rails on Lawrence-Poultney-Hill, and made up to a gentleman's door, as if he was going in; I took up the tankard, and another man took hold of the man; I gave the people the tankard that were by, and went home.
Q. Are you sure the prisoner is the man that dropped the tankard ?
Merry. I can't be positive to that.
James Grant . I am constable; I carried the prisoner before my Lord-Mayor, there he owned he stole the tankard out of the house, where he had been drinking in Nicholas-lane. (The tankard produced in court and deposed to by John Williamson , the prosecutor, who said he keeps the Windmill in Nicholas-Lane. )
The person that was drinking with me named George Henley , ran out with the tankard, I was a lighting my pipe, I was surprized, and ran after him; he dropped it in the street, and they took me in his room.
Arthur Bamby , April 30 . ++.
Arthur Bamby . Going by the Mansion house about a quarter after nine last Monday night ; I felt a hand in my pocket, I turned about and saw my handkerchief in the prisoner's hand; there were nobody near me but he at the time; he ran down Walbrook, I pursued him, and two men stopped him.
Simon Leise . I am servant to Mr. Wharton a Woollen-draper, in David-street, Grosvernor-square; there came a porter named Michael Jones , with this paper, (holding one in his hand,) upon the delivery of this to me, I shewed it to my master; he bid me compleat the order, which I did, and delivered to the same porter, four yards of superfine brown cloth, and five yards of fine white shalloon, the contents of the order; the porter carried the goods away, and I have had the order in my custody ever since,
Leise. We went together, Michael Jones said he knew the prisoner very well, and said there he was the person that sent him with that letter or order.
Michael Jones . I received two letters from the prisoner, at two different times, and carried them to Mr. Wharton's a Woollen-draper, and delivered them to Mr. Leise the servant, and had goods back with me, it was cloaths both times, but I can't tell the quantity, and I delivered the cloaths both times to the prisoner at the bar.
Q. Had you ever seen the prisoner before?
Jones. No, not to my knowledge; he came to me by the corner of St. James's-street, where I stand as a porter.
Q. Were these letters sealed up?
Jones. They were, and directed.
Q. Look at these letters, are these the two you carried?
Jones. I can't write nor read, so can't tell that.
Q. to Leise. Have you seen Mr. Tomlinson write ?
Leise. I have. He is shewed the first letter or order.
Q. Is this his hand writing?
Leise. I believe it is not his hand writing.
Q. How came you then to deliver the cloth according to its direction then?
Leise. On its expressing the blue cloth so particular, that he had last July, I thought it must come from him, and he might be out of the way, and his wife or somebody else might write in his name.
Q. Did the porter bring the two letters to you?
Leise. He did, I believe them to be both one man's writing, but not Mr. Tomlinson's.
Q. from prisoner. How came you to find out Michael Jones to come to give evidence here?
Leise. I made it my business to inquire for him in order to discover the fraud.
M. Jones. I don't know that any body did; the first letter the prisoner gave me he bid me tell Mr. Wharton that I came from the Magpye in Mewgate-street, and when he gave me the 2d letter, he said there was a little law suit occasioned him that he could not go himself.
Q. Where was he when he sent you ?
M. Jones. He was at the Red Horse in Bond street.
The letter, or order, read to this purport:
To Mr. Wharton, at the Wool-pack, David-street. woollen-draper, near Bartlet-Square.
Mr. Wharton, sir,
'' Please to send by the bearer four yards of superfine '' cloth as high to the colour of the pattern '' as you can, and five yards of fine white shalloon, '' as we citizens have have a mind to be in the fashion, '' and beg you will let it be something better '' than the last blue cloth as I had of you. Pray '' send the bill of the particulars, and I will call '' upon you some time next week and pay you for '' it. Please to send 2 or 3 patterns of drab fit for '' a great coat. From your humble servant '' Thomas Thomlinson , at the Magpye alehouse without '' Newgate, Newgate street, Feb. 14, 1753.''
Q. to Leise. Is this the order you received of Michael Jones?
Leise. It is, I delivered it sealed up to my master, and he directed me to look it over and deliver the goods according to order.
Q. Do you know this Mr. Tomlinson ?
John Oddey . Mr. Tomlinson lived clerk with me five years, and is a good grammarian and writes well. (He is shewn the order.) This is not his hand-writing, it is not like it, neither inditing nor writing.
I never saw this Michael Jones . or delivered any note to him. The draper's man owned in the Gatehouse he never saw me in his life. This Michael Jones has been taken up for a street robbery, and there is a bill of indictment found against him, and here are witnesses to prove it.
Although through a wicked conspiracy to destroy his evidence, a bill was found against him at Hicks's-hall for robbing a woman, the affair had taken wind, and the two evidences he called to prove the fact, both declared they knew no ill of the porter.
Guilty Death .
There were two other indictments against him for misdemeanors, of the same nature with his other offences. See No. 320. in Alderman Winterbottom's mayoralty.
236. (L) Francis Fillamore was indicted for stealing one cloth waistcoat, val. 20 s. one linnen shirt, one stock, one pair of leather shoes, one pair of curling tongs , the goods of Jeremiah Sparrow , July 13 .
+ Guilty .
237. (M) Elizabeth Blackwell , otherwise Connor , spinster, was indicted for stealing one pewter plate, val. 10 d. one pair of silk stockings, val. 9 d. and one muslin neckcloth , the goods of William Bart , Feb. 2 .
+ Guilty 10 d.
++ Acq .
Edward Miles . On the 4th of July 1750, I was in Old Gravel-lane, Ratcliff-highway , the prisoner came to me as I was in bed in the morning, he came laughing and took the ring off my finger, and the watch out of my fob. I was acquainted with him, and did not mistrust his intention; he went away with them, and I never saw them since.
++ Acq .
241. (L.) John Fish , was indicted, for that he on the king's highway, on Thomas Lomley did make an assault, putting him in corporal fear and danger of his life, one clasp knife value 6 d. one 36 shilling piece, and 5 s. 9 d. in money, numbered, from his person did steal , April 3 . ++
Thomas Lomley . I am a serjeant at mace , on the 3d of April, William Gardiner and I called upon a plaintiff whom I had arrested a man for, and some cost to be decided between Gardiner and I; we went to the sign of the three tons in Darkhouse-lane , a little after twelve at night, but seeing an indifferent sort of people, I told him we would talk of it on the morrow. I had an occasion to go out into the street to make water, this was early in the morning, just as day-light appeared; I was about three or four yards from the door, I turn'd my face to the wall, when I received such violent blows on my breast and stomach, that I was knock'd down, and lay senseless for some time. As soon as I could recover myself, I crawl'd up, all over mud. I put my hand in my pocket, and had not a farthing left, and I can swear I had a 36 shilling piece, some silver and some halfpence in my pocket, when I went out of the house. I know nothing who it was that knock'd me down more than the child unborn, or whether it was with a hand or a stick.
Q. Was you sober?
Lomley. I was very sober, and as fit for business as I am now. We had drank but two pints of beer in that house.
George Cuttey . I am a weaver, and live in Petticoat-lane, on the 2d of April I left work at dark, and went to a society of young men, at the two brewers in White's Yard, it being my chair night. I had 6 d. when I went out, coming back, in an alley near Houndsditch, I met the prisoner about ten o'clock, there were two women with him, he asked me to go and drink, I refused it, and parted; then I went into the Angel at the corner of Devonshire square steps; soon after the prisoner came in, we had a pot of beer, then he asked me to take a walk with him to Whitechappel, to the Rose and Crown alehouse, facing the watchouse; there we had another pot of beer, there was another person with us at both those places, but I don't know the other person's name, he was his acquaintance. After we came out there, I was for going home, saying, I have got no more money; he said, no George, I have got a shilling, you shall be welcome to takeJohn Fish followed him, at the door, he said, George Cuttey , I followed him; and saw him knock the prosecutor down with his hand, as he was standing to make water; after he was down, I saw Fisher's hand in his pocket, he took it out, and said George Cuttey come here. I have got all his money, and held his hand out to me, and said, come along George Cuttey . Then we walk'd and ran, 'till we came to Bishopsgate street, we met a young man, and took him in at the sign of the Dragon there, it was then about five o'clock. We had a quartern of pattern gin, Fish paid two pence for it; from thence we went down Half-moon-alley, and into Frogg lane, we went into a public-house, and call'd for a pint of ale made hot, Fish paid three-pence half-penny for it; there the landlady chang'd the 36 shilling piece, which Fish took from the prosecutor. When we came out of the house, Fish gave me the guinea he had in change. I began to be very uneasy for what I had done; we went to Clay-hall, by Old-ford, there we dined; coming back down Ram-alley, we met with one Morten Palmer , I told him what I had done, he desired me to go and surrender, and directed me to one, an officer, I went at almost ten at night, and told him what I had done, and desired he'd take me into custody, and said the other man that was with me in it, was then at the door. Soon after Fish came up stairs, I said that is the young man that committed the robbery. So he took him.
Q. Did Fish hear the discourse between Palmer and you?
Cuttey. No, he did not, nor between Brebreak and me neither, till he came up stairs. Fish was committed to New-prison, and I to Clerkenwell Bridewell.
Q. What was taken from the prosecutor?
Cuttey. A 36 shilling piece, a half-crown, three shillings and three pence, and a knife; but the prisoner told me he had found that. A knife produced.
Cuttey. This is much like that he said he found: he threw it into a kennel between some iron bars.
Prosecutor. This is my knife, that was taken out of my pocket that night.
William Gardiner . I was with the prosecutor at the three in Dark house-lane, but was so fuddled (having been drinking punch at the Red Lion in Bishopsgate-street, before we went there) that I can recollect nothing of it. I saw nothing of the robbery, the prosecutor went out and came in again dirty, and said he had been robb'd, but I was so fuddled, I can hardly tell whether his coat was dirty or not.
James Brebrook confirmed the testimony of Cuttey in that of his surrendering himself and his taking the prisoner, with this addition, that Palmer was with the prisoner at the door while Cuttey was above; that the prisoner said, when he found how Cuttey had served him. George, I did not think you had been such a rogue ; if you had not chose to have been concerned, why did you take part of the money. Going to the justice Cuttey pointed to a house, and said, there we changed the thirty-six shilling piece; he told me also where the prisoner had thrown the knife away at Doger's bar, I went and knock'd down the iron grate and found it.
Mary Lear . I live at the Barley-mow in Frog-lane, Islington, the prisoner and evidence came to my house one morning, I don't justly remember the day, the prisoner changed a thirty-six shilling piece, and I gave him in exchange a guinea and the rest in silver, and took 3 d. 1/2 for a pint of hot.
The prisoner in his defence own'd, he had been with the evidence Cuttey the night mentioned, but that he was but at one ale-house in Dark-house-lane, and that not the three tons, and that he came away, and left Cuttey there, in the night.
Guilty Death .
Anne Kent . I am wife to the prosecutor, we keep the Black-Horse-and-Ram on Margaret's-hill, Southwark ; the prisoner came in there last Monday night at six o'clock, he call'd for a pint of beer and had it, after that he said he was very cold and had a pennyworth of gin, which he paid for: after that he had 2 more pints of beer, and staid till about a quarter after 11 o'clock: there were four people in the same box, who had a silver tankard without a lid drinking out of: they paid and went out, and left the prisoner there; I went to see for the tankard, and the prisoner and that were gone; but the four people being neighbours, I sent to see if they had taken it home with some beer in it, and
Stephen Stroud . I am a watchman in Grace-church-street, on the last day of April between 11 and 12 at night, the prisoner was coming by me, and just as he pass'd me he let a pocket full by my foct : I said, you have dropped something here, so he came back and took it up; but as he was stooping I saw the tankard shine under his apron. I asked him what, he had got there, he would not tell me, so I put my hand upon it, and felt it was a pot. I said I would see what he had there, he said I should not, so I took him by the collar, and got hold on the handle and pull'd it away. I asked him how he came by it, he said he found it in the Borough. I took him in one hand, and the tankard in the other, and led him to the constable of the night, where one of the watchmen said, after looking upon it, he knew the people it belonged to, so he and I went to the prosecutor's house, and asked her if she had lost a tankard; she said, yes, that it was marked A K, and had never a lid; she went with me, and describ'd it to the constable. The tankard produced in court, and depos'd to.
Richard Gill . I watch at Bridge-ward, the last witness brought the prisoner and tankard to the watch house last Monday night between 11 and 12 o'clock, I knew the tankard having drank out of it several times, then I went with Stroud to the prosecutor's house. The rest as the evidence had depos'd.
Ann Pritchet . I, my daughter, a woman, and another man were drinking out of this tankard at the prosecutor's house, we went out and left the tankard on the table, and the prisoner by it; but had not been home above a quarter of an hour, before the maid told us the tankard was missing. I told her there was nobody there when we came away, but the man in a red coat (meaning the prisoner), and that he talk'd of going to Kent-street to see for a two penny lodging, so they went there to enquire.
The prisoner in his defence own'd that he had been drinking at the prosecutor's house, and found the tankard as he was going along.
+ Guilty 10 d.
245, 246. (M.) Matth.ew Davis , and William Thackery , were indicted for stealing three tarpawlings, value 5 l. the goods of Richard Luttwood and comp out of a certain lighter, on the River Thames , Jan. 8 . +.
Both Guilty, 39 s.
247. (M.) James Masterson , was indicted for robbing Thomas Morris , on the King's high-way of one hat, value 3 s. one wig, value 2 s. one linnen handkerchief, value 6 d. and 4 d. in money , March 13 . ||.
248. (M.) Isaac Odaway , was indicted for stealing one hair trunk, two iron padlocks, fifteen holland shirts, eleven pair of cotton stockings, six pair of thread ditto, seventeen handkerchiefs, three pair of velvet breeches, one pair of cloth breeches, nine pair of dresden and worked ruffes, a gold chain, a gold watch, three seals, a velvet cap, a set of pebble buckles for shoes and knees; the goods of Walter Wiltshire ; twelve pair of worsted stockings, twelve holland shirts, eight linnen shirts, one pair of leather breeches, the goods of Thomas Little , March 11 , *.
Walter Wiltshire . I am owner of the Bath waggon ; the goods mentioned, were the property of William Cokman , Esq; the trunk with the other goods in it, and 130 l. which was not laid in the indictment, was delivered to the book-keeper belonging to the waggon, to go down to Bath; on the 15th of May 1752, and loaded in the waggon the same evening, but was taken out and missed before the waggon was got off the stones.
Thomas Pye , Timothy Robertson , and Nathaniel Robertson , deposed the prisoner, brought a hair trunk into the White-horse in Grub-street, about the latter end of May last; and desired it might be left there all night, which it was, and in the morning be fetched it away; the prisoner's house was searched, and some dresden lace found on caps, ruffles and handkerchiefs of the prisoner's wife's produced in court and deposed to by Thomas Little , as part of his master Mr. Coleman's property, which was lose in the trunk, the gold watch and three seals was also found, sold by the prisoner to one Long, two holland shirts, with Mr. Coleman's initial letters of his name on them, which he had given to his servant, which were pawned by the prisoner, were found; these also produced and deposed to.
There was no proof of the taking, and the prisoner
See No. 68, in Alderman Winterbottom's, and No. 407 in Alderman Cockayne's mayoraltys.
|| Neal, Guilty .
Williams, Acquitted .
253. (L) Frances, wife of John Peak , was indicted for stealing one pair of stays, three ells of linnen cloth, six yards of linnen cloth, one quilted petticoat, one pair of stockings, and 3 s. 6 d. in money numbered , the property of Sarah Olton , widow, May 1 .
++ Guilty .
++ Hertford, Guilty .
Williams, Acquitted .
++ Acquitted .
257 (L.) John Smithson , was indicted for conspiring, or endeavouring to suppress the king's evidences, William Smith , William Sharp , John Ward , and Thomas Weymour , on an indictment for felony, &c . (See his former tryal, No. 79 in this mayoralty.) After which, William Smith , John Ward , and Thomas Weymour , deposed they never had any trading with Smithson, or heard there was such a man in being. That they went after they were arrested, to the compter to him, with others; that the keeper desired Smithson to choose out the man from the others, that ow'd him as he had charged. That he either could not, or would not, and declared he owed them no discourse.
The trials being ended, the court proceeded to give judgment as follows:
Received sentence of death, 8.
Transported for 14 years, 2.
Transported for 7 years, 40.
John Gyles , Thomas Hall , Mary Whitaker , Thomas Weaver , Thomas Carrol , Mary Brown , James Collings , James Hunt , Richard Barton , Mary Smith , Nicholas Ellsey , Mary Horne , James Dundas , Benjamin Derrit , Sarah Harrison , James Hanson , Richard Hill , Elizabeth Swanson , Matthew Davis , William Thackery , Elizabeth Blackwell, otherwise Connor, Robert Harris , Charles Cook, Daniel Peachy , Francis Dunn , Elizabeth Medcalf , James More , Sarah Russel , John Trow, John Price, Benjamin Paul , Isaac Sheffield , Francis Filmore , Jer. Robertson, Archibald Head, Sarah Curtice, John Bone , Susanna Neal , Frances Peak , John Harper .
John Smithson to stand on the pilory, in Cheapside, betwixt the hours of Twelve and One, and lie in prison to the end of one whole year, and after that give security for his good behaviour for one year, himself bound in a bond of 200 l. and two sureties, such as my Lord Mayor, or any justice of the peace shall approve, in one hundred pounds each.
This Day is publish'd, Price 2 s. 6 d. sewed.
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