In the 27th Year of His MAJESTY's Reign, BEING THE Sixth 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 Hon. Lord chief BARON PARKER *, Sir MICHAEL FORSTER , Knt. +, 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.
William Hunter produced the strainer, and swore to its being his property.
Benjamin Woodyer , who is servant to Mr. Hunter, deposed, that he saw the prisoner come in to ask for change for a shilling, and he saw the strainer in the bar at the same time; that as soon as she was gone he missed it; upon which he stopped her.
John Sunders deposed, he was at breakfast at Mr. Hunter's, and he saw the prisoner come in, that she came to him to ask for change for a shilling; that when he told her he did not belong to the house, she went to the bar; that presently Woodyer came to him, and asked if he saw the strainer, he told him he did; Woodyer told him it was gone, he said nobody had been there but the prisoner, and if any body had it, she had it; that Woodyer went and fetched her back; that she said she would stand search, that they searched her, and found it between her shift and skin, under her arm.
The prisoner in her defence said, she saw it lie on the ground, and she picked it up.
Thomas Miller , was indicted for stealing one silk handkerchief, value 10 d. the goods of William Goodyer , July 14 . *. Guilty .
314, 315. (M.) William Owens , and John Beverly , were indicted for stealing one cloth coat, value 4 s. one iron key, value 1 d. one pair of scissars, value 4 d. one guinea, and eight shillings in money numbered, the goods and money of Daniel South ; one pair of boots, and a printed book, the property of John Martin , in the stable of Thomas Nicholls , July 8 . *
Daniel South. (He produces the coat.) I lost this coat on the 8th of July, out of my master's stable, a guinea which was in the pocket with seven or eight shillings, a key, and a pair of scissars , it lay in the corn binn in the stable, I was in the stable about nine at night, and all was safe, the corn binn was lock'd, but the stable door was not; about four o'clock I came to the stable, and I found it had been broke open, and all the things I have mentioned were gone; one John Hunt saw them come out into the yard, he told my master, my master pursued them, and took them about nine or ten the same day.
Thomas Nicholls . Daniel South , is my servant; my binn was broke open last Monday morning was se'nnight, he told me he had lost his great coat, a guinea, and eight shillings; I had a person a haymaker who went to see his wife, and he saw the two prisoners coming along with a coat under one of their arms ; with that I mounted my nag, took a stick in my hand, and went after them; I went up to Kensington gravel-pits where they used to lodge, they was not there, nor had not been there all the Sunday; then I and John Norris went after them towards Acton, I could hear nothing of them, then we went towards Fulham-bridge, we did not hear any thing of them there, we came back again and gave them over, and coming through the George at Hammersmith, we saw them in a drinking room, I got off my horse and run in doors, then John Beverly ran out at the back door, I ran and catch'd hold of him directly, and brought him back into the room; when I came into the room, there was Norris, and the other prisoner struggling together, he endeavoured to resist, the great coat lay on the table between them, it fell down, I took it up and untied it, it was tied up, and the boots within inside of it; we took the prisoners and the things before justice Lever, and he committed them: Beverly said Owens brought the things to him in the road, Owens said he knew nothing of it.
John Martin . I lost these pair of boots out of the stable of Mr. Nicholls, on Monday was se'nnight, and a printed book, the boots lay under the binn, the book stuck in the side of the stable in the boards.
I know nothing at all of it.
I know nothing of it.
Both Guilty 4 s. 10 d .
316, 317. (M.) Margaret Richards , widow , and Catherine Mare , spinster , were indicted for stealing one handkerchief made of cotton and silk, value 2 s. the goods of Robert Mackneal , July 4 . Richards Guilty , Mare Acquitted . +
318. Milicent Clisbey , spinster , was indicted for that she on the 6th of May , about the hour of five in the afternoon, the dwelling-house of John East did break and enter, no person being in the said house; and one silver spoon, value 5 s. the goods of the said John East , in the said dwelling house, did steal, take, and carry away . +
John East . I rent a farm, and keep that house, I keep my son and several servants there, it was broke open on the 6th of May, about five o'clock in the afternoon. The other witnesses will give a further account.
John East , junior. I went to my father's about two o'clock in the afternoon, and left the house with the maid servant at home; I had not been there long before a person came after me, and said there was a woman had broke into the house, I went back and found the prisoner in the house; I searched her, and found a silver spoon upon her, I asked what she did there, she said she got in for victuals.
Q. Was she eating any thing?
East. Not as we saw.
Q. Had she eat any thing?
East. We could not see that she had, she took the spoon out of a bason of apple sauce.
Edward Saunders . I had been walking about the fields with the last witness, I saw her break in is the last witness describ'd, I went in after I had alarmed the neighbourhood, and I saw the spoon taken out of her hand.
I was an hungry, and wanted a little victuals.
Guilty Death .
321. (M.) Thomas Buckmore , was indicted for that he in a certain field or open place, near the kings-highway, on one Albert Binmer , did make an assault, putting him in corporal fear and danger of his life, 1 s. and 2 d. in money numbered, from the said Binmer, and against the will of the said Binmer, did steal, take, and carry away , June 30 . *
Albert Binmer. On the 30th of June, between eight and nine o'clock in the evening, in the first fields on this side Bow-common , Mr. Ellis met the prisoner at the bar, he had a pistol under his coat, and he pulled it out, and bid us deliver our money: I gave him fourteen pence, and he said it was not all. Then he made me turn my pockets out, and went away, we went after him. He was taken in about half hour afterwards in Salmon's-lane, near Lime-house church. I charg'd him with the robbery, he said nothing to it.
Barnard Ellis . I was in company with Binmer, the prisoner took a pistol out of his bosom and presented it to him and I. I gave him my money, and Mr. Binmer gave him one shilling in silver, and two-pence in copper.
Q. Did you see him take the money from Binmer ?
Ellis. I did.
Q. Did he rob you first, or Binmer first ?
Ellis. He robb'd me first.
Q. What did you give him?
Ellis. Two shillings.
Q. Did he demand Binmer's money?
Ellis. Yes, he did.
Q. Are you sure the prisoner at the bar is the man?
Ellis. Yes, it is the man; we went after him directly, he was taken just by Limehouse church.
John Gilling . I and four more were coming, last Saturday was fortnight, from Bromley, and in a field on this side Bromley, we saw the prosecutor ; he said, Did not you see a man go along that way? We said, Yes, he then said, He has robb'd me of two shillings, and taken one shilling and two-pence away from the other ; I said, Let us go after him; then I, John Davis , Barnard Ellis , and the prosecutor, ran after him.
Q. When you came up with the prosecutor, was the prisoner in sight ?
J. Gilling. Yes, he was; he ran down a lane, and went a-cross two fields, and instead of going the right way to the church, he went down a little lane ; when we came up with him he turn'd upon us, and said something, but what it was I cannot say; then he drew a pistol out, and said something about shooting. (The pistol produc'd in court, it was a long horseman's pistol). Then he made off; I said here is four of us, let us take up stones and go after him again, for sure four of us with stones is a match for one with a pistol. We did, and run after him down Salmon's-lane, and there is a little lane that leads to Rogue's-well, just by there we took him.
Walter Sedgwick . I had been at work upon a ship lying off the Tower, and was going home to Limeho use-hole ; coming down the lane that leads to Limehouse church, we heard some people cry, Stop thief ! I said, I had a good mind to run after them; I did, and I met a man on horseback, and people said, He is the man; I stopt him, and said you are the man; he said no, that is the man, pointing with his finger to the prisoner. I ran after him, and just as I got to him, he pull'd out a pistol, and said he would shoot me, if I did not turn round ; I stoop'd myself to the ground, thinking he then would shoot over my head, but he made off; then I got up again, and went after him, and threw him down over a bank, and took the pistol out of his hand.
I am not in my senses.
For the Prisoner.
Q. What way of life has the prisoner been in?
J. Weller. A gun-smith by trade.
Q. Did he carry on the trade of a gun-smith in June last ?
J. Weller. I don't know.
Q. What opportunity had you to know his character ?
Q. We make gun stocks for the government, and he, with others, came to fetch away the gun-stocks ; I always found him a very sober honest man.
Israel Seaglis. I have known the prisoner above twenty years, I never knew any thing ill of him 'til this very time.
Thomas Henshaw . I knew him when he was an apprentice, he has work'd for me for this two years past at times, I have trusted him with thirty or forty pounds worth of goods at a time, I always found him very honest, my opinion is, that samething is the matter with his head, or else he never would have done it.
Q. Did you ever take him to be a man disorder'd in his senses, so that he did not know what he said, or did?
Guilty , Death .
William Revell . On the 28th of last April, I lost this tea-kettle, and on Monday, I told my neighbours what sort of a person I believ'd had took it, there were two of them saw her in Lincolns-inn-fields. I went and took her, and carry'd her before justice Fielding. I could not swear to my kettle, so she was discharg'd; then my wife went about to the pawnbrokers, and found the kettle. I went to ask after the prisoner, and found her, and took her before the justice, she own'd she took the kettle, and was very sorry for it, and that she had a guinea in her pocket, and if I would let her go she would give me the guinea.
I did not take that kettle out of that gentleman's house, for I bought it of a woman in Clare-market on Saturday night, who ow'd me some money, and she had broke up house-keeping, and gave me that kettle in part of payment. Guilty .
Frances Wilkinson , widow , June 13 .
++. Acquitted .
326. (L). Philip Riley , was indicted for that he with two other persons unknown, did steal forty-six pounds weight of lead, value four shillings , the property of the worshipful company of fishmongers , June 29 . ++
Joseph Barber . I am porter to the fishmongers company, besides the general charge in the great repairing of the hall, I had a particular charge to have a particular watch. I have had great reason to believe the hall had been robb'd, especially on the 26th of June, though I saw the carpenters fasten the door, and staid myself half an hour after that. Then I went home to get me a mouthful of supper. And when I came back, to my surprize found both doors of the hall open that leads into the hall, which gave me a strong suspicion that all things was not right, so I was determined to watch more narrowly; and on Friday the 29th, I went into the hall about the evening, and as I thought every thing was safe, and coming back to my own house which is but a few doors from the hall, (I had not got in, but set down at my own bench) I saw the prisoner and two other labourers, (one of them I very well know, as well as the prisoner, the other I do not know), go up Miles's-lane, with something cover'd; seeing of them go by I judged by the weight that seem'd to be under their arms, that it was lead, and I supposed where they were going to a house of ill repute in my own neighbourhood, did not detect them in the street, but followed them up the lane. The hindermost man either was heavier loaded, or feebler, for he lag'd behind, so that if I had waited for him, I had mist seeing the prisoner; (for I knew the prisoner, he had work'd in the hall a long time). I pushed by the hindermost man, and follow'd the prisoner, and the other labourer into the house of Mr. John Fowler, a dealer in iron, and other things of that nature, in Crooked lane; they went straight up unto the west door of the shop, and pass'd by the master of the shop who stood straightening of nails, he took no notice of them no more than though he had never saw them. I pushed by the master and went after the prisoner, who then had turn'd into one corner of the shop, where there hung a pair of scales, the prisoner at the bar, as I firmly believe, dropt from him a piece of lead; I said to him, You villian, you have stole this lead, which he denied, and made some small resistance, the other labourer had got rid of his burden, and run out at the fouth door of the shop, then the master of the shop came up to me, and took me by the shoulder, and said, don't make such a noise, I want to speak with you, supposing he wanted me to smother the matter; I told him I regarded the Fish-mongers company so much, that as I was constable, I would charge him to aid and assist me down to Fish-mongers-hall with the prisoner; the piece of lead which dropp'd from him I had taken down with him to the hall, then I sent for the company's clerk, he came and gave me charge of the prisoner, in behalf of the company; the master of the shop then applyed to me, that I would detain him no longer ; on which I said, I would not, on condition you produce the other piece of lead, which I supposed the other labourer had dropped in the shop; I went to Mr. alderman Scott's, he was not to be spoke with, or was not at home, I can't say which; then I came up Crooked-lane, and called at Mr. Fowler's, and his servant delivered me the other piece of lead; we took the prisoner before the sitting alderman, there he confess that Williamson, (the chief in the work,) gave it to him to make drink of.
Q. Did you ever take a view of the hall to see where the lead was taken from?
Barber. I went up with the plumber's servant, and there was lead missing from off the chimnies.
Q. to Barber. Are you sure that is the lead that fell from the prisoner?
Barber. It was delivered to me being constable, my lord, it has never been out of my custody.
Q. from the prisoner to Barber. When first you followed those two men, did not you take hold of one by the collar, and say, D - n you, now I have got you?
Barber. No, I laid hold on none but the prisoner at the bar ; and as for the expression d - n you, I will appeal to him to know whether ever he heard me swear an oath.
I work'd a matter of one year and half at Fishmonger's-hall from time to time, and nobody could lay any dishonesty to me; he let the two men go that did the fact, and took me.
For the Prisoner.
327. (L.) Ann Robinson , widow , was indicted for stealing a gold watch, val. 15 l. one silver seal, val. 1 s. and one agate, val. 1 s. the goods of Peter Henry Hansandyke , privately from his person , June 15 . ++
Peter Henry Hansandyke . I lodge at one Mr. Brown's, a cork-cutter, next the Royal Exchange; I supp'd in Little Tower Street the 14th of June; after supper I look'd at my watch and found it just ten o'clock, so desir'd they would excuse me for I must be going home: coming along, just by the mansion-house, I open'd my waistcoat and walk'd very slowly, 'till coming by the trunk-maker's near St. Paul's church-yard , the prisoner came and gave me a slap on the shoulder, and said, How do you do my dear, I turn'd about and felt my watch go, and saw it in her hand at the same time; she ran away, I ran after her and took her, there were two women stood by a door, I call'd out Watch! Watch! several times. As soon as ever the watch came, those two women ran away, then the prisoner gave me a push, and would have run away, but I catch'd, her fast hold by the apron, and held her fast till the watchman came up.
Q. What time of the night was this?
Hansandyke. About a quarter after ten.
Q. Well, what did you do with her?
Hansandyke. We carried her before the constable to the watch-house, under whose Care I left her, and the next day she was carried to Woodstreet-compter, from thence we carried her before the sitting alderman at Guild-hall, there I charged her with having the watch, she would not own any thing, so she was committed to Newgate.
Q. Did you ever have your watch again?
Hansandyke. No, I never had.
Edward Chency . I am constable; the prisoner was brought by the prosecutor to me, the 14th of June, between ten and eleven at night; I asked what she was brought there for, he said she had robbed him of a gold watch in St. Paul's Church-yard ; I searched her, as far as decency would permit ; his wife came some time afterwards, I desir'd her to take her to the other end of the watch-house, and search her; she would not do it, the prisoner cried, and made a very pitiful case, and desired I would call upon two or three of her masters, where she said she had lived, in the Old-Bailey; I went to several, I went to the Queens-head in the Old-Bailey; he said he knew nothing of her, and to several more, who said the same.
Peter Smith . I am a watchman, on the 14th of June, as I was crying the hour ten o'clock, I heard a gentleman cry, watch! watch! several times, but he not speaking very good English, I thought at first it was coach! coach! I came down, and as I came, I saw the prisoner coming away very fast.
Q. Was she running away?
Smith. I cannot say it was running, it was going pretty quick; I stopped her, and the very instant I stopped her, the prosecutor had hold of her by the other arm.
Q. Do you remember her being searched by the constable ?
I had been along with a country woman of mine, that was a going into Hertfordshire, as I came back again. I called at the Golden-fleece, in Thread-needle-street; and being out of place, I asked the maid, if she could tell me of ever a place; coming along St. Paul's-Church-yard, I saw a gentleman at the door, I said, pray madam will you give me a draught of beer, she said yes, and desired me to go down and draw some more; I had not been come out above five minutes, before this gentleman took hold of me, and said, I had picked his pocket of a gold watch, and forced me to the watch-house ; there I undrest myself as far as decency would admit, but there was nothing found upon me.
For the Prisoner.
Q. What have you known of her for this two, three, or four years past?
H. Parker. I know nothing but what is very honest of her, she has been with me a great while together, I never found any dishonesty by her in my life; she came of very good parents, and had a very good education.
Q. How does she get her livelyhood?
E. Thorp. When she lodged with me, she used to get it by going out to day work.
Q. What is her general character?
E. Thorp. I never heard but what she was a very honest girl.
Lawrence Nightingale . I have know the prisoner this 8 or ten years past, but know not where she has been this two or three years; I never heard any ill of her in my life, I have heard she has gone on very well, and was in service.
Joshua Ezard . I have known her some years, she nursed me when I was sick about a year and half ago: my wife is a mantua-maker, and has trusted her with gowns to carry to gentlemens houses, worth pounds; and she never wrong'd her of any thing in her life.
Q. What is her way of living?
J. Ezard. She goes out to days work when she is out of place, I never heard any thing but what was very honest, till this accident happened.
Guilty , Death .
328, 329, (M.) Samuel Barnfather , and Elizabeth, his wife , were indicted for stealing two linnen curtains, value 6 s. one linnen vallen, value 2 s. one table cloth, one looking glass, one blanket, one copper stew-pan, three copper sauce-pans, and one frying-pan, the goods of Elizabeth Ayres , widow , in a certain lodging room let by contract to be used by the said Samuel and Elizabeth , June 23 . ++.
Elizabeth Ayres . I live in Castle-lane, Westminster ; the prisoners are man and wife, they lodged at my house; they left their lodging I think this day month; the things mentioned were let to them with the room; and were all in the room when they came into it; they had run up a large score, and when I asked for money, they put me off from time to time, by saying they had money due to them, and should have some this time and the other time, &c. when they left their lodgings, I went into the room, and missed the goods mentioned in the indictment; they were taken up, and the woman owned where they were, all but the looking glass, and went with me to the pawnbroker's, where I got them again. (Produced in court and deposed to.)
John Adison . I live servant with a pawnbroker, at the corner of Russel-court; the woman prisoner, prosecutrix, and constable, came to our house; she asked for the goods, and I delivered them to the constable.
Q. Who pledged the goods at your shop?
Adison. The woman prisoner did, in the name of Dyer; some she brought in March, some in April, and some in May; they were taken before the justice; there they both confess'd the taking the things, and that the woman pawned them all.
Patrick Obed . I am the constable, the last witness delivered these goods which are here produced, to me; they have been in my custody ever since the two prisoners were taken before the justice; there they confessed they agreed both together to take the goods, and that she pawned them all.
The prisoners both in their defence said, they were necessitated for money, and so made use of the goods, but intended, when they were able, to put them in their places again.
Samuel Guilty , Elizabeth Acquitted .
330. (M.) Eleanor Marsh , widow , otherwise Mary Dent , was indicted for stealing one looking glass, value 7 s. one blanket, value 3 s. one pewter plate, value 12 d. one brass candlestick, one iron trevet; the goods of Sampson Watson , in a certain lodging room, let by contract , &c. July 1 . ||. Acquitted .
331. (M.) Elizabeth Clark , spinster , was indicted for stealing one silver coffee-pot, value 5 l. two silver salvers, one silver cream-pot, one silver pepper-box; the goods of Ann Nicholls , spinster , in the dwelling-house of the said Ann , July 4 +.
Mary Allen . I, and the prisoner, were fellow servant s to Mrs. Ann Nicholls, who lives at Highgate ; in the road to Islington my mistress had the misfortune, by a fall, to break her knee-pan, which called for a servant more than she usually did keep, so the prisoner was hired, and had been with us about three weeks ; on the third of this month, I got up about half an hour before six o'clock; I went down stairs, and found the middle window in the dining room open, and the back parlour door that leads into the garden was open; I thought the prisoner had been up before me, and had opened them: a little after seven o'clock the prisoner came in, but where she had been I don't know.
Q. Did she come in at that door that stood open?
M. Allen. No, she did not; she came by that, and in at the kitchen door ; I asked her how she came to open my mistress's room so soon; she answered she had not been in that room to day, then I went up stairs and missed the things mentioned in the indictment, and a great bundle of linnen not laid in the indictment; the silver things were taken from out of a closet, then I fainted away, when I came to myself I went down stairs and told the prisoner mistress had been robb'd, she went up with me and saw the same; then she begg'd of me not to say she had been out; then I went to a gentlewoman in the town to tell her the affair, and desir'd her to come and tell my mistress of it, she came and some other ladies with her. Mistress being lame justice Cross came to her house and examined the prisoner, she said she was innocent of the fact. She was committed to New-Prison for further examination.
Q. Did you ever hear of the goods again?
M. Allen. Yes, my lord, they were all brought home on the Thursday following, by the High-gate noon stage coach, but who deliver'd them to the coachman I don't know.
Barbara Blamia . I live servant at a house in Highgate, nearer London a little than Mrs. Nicholls's ; I saw a young woman pass by mistress's door in a black hat and gown, about three in the morning, on the 3d of this month, with a bundle on her head going towards Holloway, but can't say who it was.
The prisoner had nothing to say in her defence.
John Davis . On the 5th of July I had been in the city about business, and going home by Princes-street , the prisoner came out of the Sun alehouse and ask'd me to give her a pint of beer, I said I did not care if I did; then I ask'd her where we should go to have a pint, she said in the alley, we went into the alley, and when I came out of it she ask'd me where I was going, I said to get some beer, then she came up to me and put her hand into my pocket and took the guinea out.
Q. from the prisoner. Did not you charge two women with taking you money before I was charg'd ?
Davis. No, I charg'd nobody but you.
Samuel Turton . I am a watchman; on the 5th of July, about twelve at night, I heard a person call Watch! watch! I went, and when I came there, the prosecutor charg'd the prisoner with robbing him, then I carry'd her to the watch-house, as I was carrying her along, she said she would give me the guinea, and a half crown she had in her pocket, if I would let her run away.
The watchman desir'd the prosecutor to prosecute me to get the reward. He pretended to swear that I had robb'd him. I never saw him in my life, nor his money.
Thomas White . I live in Old-street; I saw the prisoner at the bar pick the pocket of Mr. Holmes; I saw him put his hand in and take this handkerchief out. (He produces the handkerchief). I took hold on him and said you have got the gentleman's handkerchief, then he run away, I run after him and was some time before I catch'd him; I search'd him and found seven handkerchiefs upon him, which I deliver'd to the officer.
Thomas Cooper . The prisoner was brought to me by the last witness; he gave me charge of him. (He produces seven handkerchiefs). These handerchiefs were all given me by White, in the presence of the prisoner. We took him before the justice, and there he own'd they came from him, but that another person took them, and gave them to him.
It was in holiday-time, and I was in liquor; I am quite innocent of it as the child unborn.
Guilty 10 d .
Henry Norris. On the 12th of July I was going up Queen-street and turning into Bow church-yard , I felt a person kick against the shoe of my left foot, I immediately put my hand into my pocket, for my handkerchief to wipe my stocking, and mist it, I then thought the person that kick'd my shoe, might be the person that had it; (I had it but about two minutes before in my hand.) I immediately follow'd him up Queen-street pretty briskly, and over-took him just by the late Mr. Stiles's shop the hosier, near the corner; I took him into the shop and told him he had stole my handkerchief, he said he had not, I search'd him, and he had it in his hand behind him under the lapets of his waistcoat, he then said he did not take it, but that another lad that was in company with him had given it to him. I cannot say that he took it out of my pocket.
I did not do it, I know nothing of it.
For the prisoner.
Simon Plumpton . I am a pipe-maker, I know the prisoner at the bar, he is my apprentice, and has been for this five years and half; he was as good a servant as ever man need to have, I never heard any harm of him.
Guilty of stealing, but not privately from his person .
337. (M.) Elizabeth, wife of John Turner , otherwise Elizabeth Cook, spinster , was indicted for stealing one muslin apron, value 5 s. one handkerchief, value 2 s. one lawn cap, value 2 s. the goods of William Saunders , Dec. 1 . No prosecutor appearing, she was acquitted .
Mary Bridgear , spinster , was indicted for stealing one pair of linnen breeches, value 1 d. one pair of worsted stockings, value 1 s. one pair of scissars, value 1 d. the goods of Peter Maloy , July 2 ++.
She was a second time indicted for stealing two silver spoons, value 10 s. three pair of stockings, value 5 s. one silk handkerchief and an apron , the goods of Lancelot Pelmers . June 29 . No prosecutors appearing, she was acquitted .
Charles Saltmarsh . I live in Colebrook, in Buckinghamshire; I lent the mare to a neighbour of mine, one Thomas Gadstone ; I was coming to London on Monday after Whitson Monday, and coming through Hounslow-fair, I was told by a person, that the man that stole the mare was taken, when I got home the mare was there before me.
John Yeates . I saw the prisoner take the mare out of a field belonging to Mr. Gadstone, he was servant to him, he was hired as a labourer, I did not know that he took it with intention to steal it, however, I went and acquainted Mr. Gadstone with it, he then said, his servant was at work in the garden, and went to call him, but could not find him there; then he either borrowed or hired a horse, and went after him, and desired me to go with him; I did, we took the prisoner, and brought him and the mare back, when we came very near the town, he jumped off from the mare and ran away, we pursued him and brought him back to Gadstone's house, from thence he was taken to the Lamb-alehouse, where we staid all night; in the morning we had him before the justice, where he was charged with stealing the mare, he said he took it for a little while and then to bring it back again.
Q. What time in the morning was it when you saw him take the mare?
Yeates. between 10 and 11 o'clock.
Q. How long was it after this, before you took him ?
Yeates. About an hour.
Q. When you took him, was he going forwards with the mare, or returning with it?
Yeates. I was not at the first coming up with him.
Thomas Howell . I saw the prisoner take the mare out of Gadstone's field, and ride her away ; on the Monday after Whitsuntide, he was stoped at the Angel about two miles and a half from the place where he took the mare, I went to him, and told him he had taken away the mare, without Mr. Gadstone's leave, and said he ought to be carried back again, he seemed very willing to go back, but when we came within about a quarter of a mile of Colebrook he endeavoured to make his escape.
Q. Was he on horse-back, or a foot at that time?
Howell. He was on horse-back upon the mare, but he leap'd off; we took him again, and carried him before the justice; there we charged him with stealing the mare, he said he had an aunt at Hounslow, and that he took the mare to carry his linnen to have it washed.
Q. How long did the prisoner live with his master ?
Howell. He came on the Thursday, and this was on the Monday.
Q. Do you know whether he had an aunt at Hounslow ?
Howell. No, he never had.
The prisoner had nothing to say in his defence.
He was a second time indicted for stealing one brass ring, value 1 d. on pair of nut-crackers, val. 2 d. two guineas, two half-guineas, and fifteen shillings in money numbered, the goods and money of Edward Bright , in the dwelling-house of John Fipps , June 17 . ++.
Thomas Howell . The prisoner at the bar confest he took the money, which belonged to the hostler at the Lamb , he said it was locked up in a box which lay under the hostler's bed, and that he broke the box to take it out, but did not take the nut-crackers nor ring.
Q. Where did he confess it?
Howell. He confessed it in Fipps's house, and before the justice.
John Fipps . I keep the Lamb in Colebrook ; I observed my hostler to look very sorrowful, I asked him what was the matter, he said he had lost 3 l. 18 s. presently after we heard of the prisoner's stealing a mare out of Mr. Gadstone's ground; I said let us go and see if he did not do it, we went
Q. Was you before the justice ?
Fipps. Yes, I was.
Q. Did he make any confession there?
Fipps. I cannot tell now it was there.
Q. Who was with you when he confest it?
John Yeates . I saw the prisoner searched, and the money took out of his pocket ; there were five half crowns, he confest he took it out of the box, and that he had not room to get his hand in, so he turned the box upside down, and shook it out.
John Saltmarsh . I was present at the justice's, he own'd there he took the money out of the box, he said he could not get his hand in, so turn'd the box upside down and shook it out, he said he wrenched the box open with a piece of iron.
They bid me say any thing before the justice.
Guilty of stealing, but not in the dwelling-house .
The infant not knowing the nature of an oath could not be examin'd.
Ann Hawley . I am mother to the child, I found some stains on her linnen, I took her to a doctor, and told him I believ'd she had a great weakness, he told me to give her two doses of manna, and come to him again; I did and she was never the better.
John Silvester . I belong to the London infirmary, the child was brought to me last week, I found her in a very bad way, there was a violent discharge; I did not examine her, but believe it proceeded from a violent strain in the parts.
Q. If such a person as the prisoner is, was to have had carnal knowledge, and enter'd the body of such a child, what do you apprehend would have been the effect?
Silvester. There would have been a violent discharge.
Q. Do you apprehend a person of the size of the prisoner can enter the private parts of a child of eight years of age, without a violent tearing or laceration ?
Silvester. No, he could not, without a great lacerat on.
Q. Was there any laceration?
Silvester. I did not examine the child.
Hawley. On the Sunday morning.
Q. When was this matter done?
Hawley. The Wednesday and Thursday before.
Q. Did you dress and undress the child?
Hawley. Yes, every night and morning.
Q. Did you observe any thing upon the linnen on Thursday or Friday?
Hawley. No, I did not till Sunday morning, when I shifted her.
Q. to Silvester. Do you apprehend there might be a laceration without a great deal of blood?
Silvester. There might a small one, and but a very small one.
Acquitted. But detain'd to be tried upon a bill for an assault, with an intent to commit a rape .
342. (M). Margaret the wife of Carbery Hayley , was indicted for stealing one silk purse, value 1 d. one piece of gold coin, value 22 s. five pieces of silver, value 22 s. 1 guinea, and 3 s. 6 d. in money, number'd, the goods and money of Lydia Ormond , widow , privately from her person , April 1 . ||
Lydia Ormond . On Sunday the 1st of April, about seven in the evening, I went into St. James's park to take a walk with a gentleman, I had not got above half way down before it began to rain; I turned back again, and coming out of Spring-Garden-lane , there was a great croud of people, but I had no notion of my pockets being pick'd; I saw a woman big with child, (which proved to be the prisoner at the bar,) and I thought it was a pity such a woman should be crouded, I did not know my pocket was picked, till my servant came to me on Monday morning for money; I went to put my hand into my pocket and missed it, there was a silk purse, a piece of gold called a Jacobuss, a William and Mary's half crown, a plain broad piece of silver, and a Queen Elizabeth's shilling, &c. I heard no more of them till I read the Advertisement, in which the pocket piece was described ; I went, and was informed that the prisoner told them
Q. How long was it since you lost your purse?
L. Ormond. The 1st day of last April, about seven o'clock in the evening.
Joseph Massey Wright . On the first of last April, I, Mr. Hayley, and the prisoner at the bar, went out, and going into Spring-Garden gate, the prisoner pick'd the lady's pocket of the things she has mention'd.
Q. Are you sure that is the lady?
J. M. Wright. I am sure it is, for I saw the prisoner working upon her, (as we term it.) We went into the two brewers in Maynard-street, St. Giles's, to share our money, I had three half crowns, and a snuff-box, that she took out of another pocket, in the room of the piece of gold which she said she would lay up to buy a boat for the child she was then big of.
Q. What things did you take from this lady ?
He mentions them severally.
Q. to Ormond. Did you ever get your pieces of money again?
Ormond. No, not any of them, nor never saw them since I told this evidence that I would give five guineas for that piece of gold because I greatly valued it; but I never had it.
I can call witnesses to my character.
For the Prisoner.
Q. What is your business?
E. Greenham. I am a midwife, and have lain her with two children.
Q. What was her way of life?
E. Greenham. She and her husband sold stockings, ribbons, &c. and always liv'd by their business.
Q. They sold them cheap, did they not ?
E. Greenham. No, no cheaper than they could afford.
Q. Where did she live?
E. Greenham. In Grays-inn-lane; then she came to lodge with me, I live in Bear-yard, Clare-market, I never heard a bad character of her.
Q. How did she get her livelihood?
C. Stenson. She and her husband sold stockings; and hard-ware.
Q. What are you?
C. Stenson. I was a travelling tradesman, but now I keep a house, and live in credit.
Q. Did you ever see her with the evidence Wright ?
C. Stenson. No, I never did.
Q. What business did she deal in, in order to get a livelihood?
343. (M). Sarah Standidge , spinster , was indicted for stealing one man's hat, val. 2 s. one cloth coat , value 5 s. one cloth cloak, value 1 s. 6 d. a stuff damask gown, value 5 s. two silver tea-spoons, and four caps , the goods of John Warring , June 11 . ||
John Warring . I live in Catherine-wheel-alley, Whitechapel , and keep a fruit shop . On the 11th of June, I found my window open that I shut just before, I then thought things was not right, and when I came to the window I missed the things mentioned in the indictment; and I found them again at one Mr. Jones's with the prisoner; I saw the two tea-spoons taken out of her bosom, and I told the man when he took them out, if they were my spoons they were mark'd with a single P. they were, and they are my property.
Q. Are you sure these spoons are Mr. Warring's?
S. Marshall. Yes, I am sure they are.
Nicholas Bird . I live in Whitechapel. On the 11th of June, about two o'clock, I saw some people run in a great hurry ; I ran after them as far as the Bull Head. and when I came there I saw the prisoner charg'd by an officer, the officer charg'd me to aid and assist him; the prisoner said if we would clear the mob, she would go with us and shew us where the things were, we went to Mr. Jones's the distiller, and when we came there, they all laid on the counter for the owners to see them, whether they were all there or no, they look'd at the things and missed two silver spoons: the prisoner was willing to be search'd, saying she had not the spoons, I search'd her, and I myself took them out of her bosom. Mr. Warring said if they were his spoons they were mark'd with a single P.
John Norris. I live in White-chapel, I am an headborough; on the 11th of June about 2 o'clock I was sitting at my door, and saw the prisoner run by me, and others after her; I bid her run, saying if the person was to come up with her, she would go to Newgate; I took no further notice then, in a few minutes time the wife of John Warring came up to me, and said, she was robbed; I directly thought the prisoner must be the person; I pursued her to the Bull-head in Spittle-fields, and spoke to her, and took charge of her ; I charged Mr. Bird to assist me, she told me if I would disperse the mob she would go with me, and shew me where the things was, she carried us to Mr. Jones's and we found the things, then Mr. Warring said, you hussey you have got my spoons, the last witness searched her and found them in her bosom, Warring said, if they are my spoons, they are marked with a single P.
I went out of an errand, just after I had eat my dinner a woman came to me and said my husband is out, and I will give you 2 d. to carry this bundle to Mr. Jones's, I did, I went out again to speak to the woman and could not see her, then they charged me with these things, I said I would go and tell them where they were, for she bid me leave them there, and there I carried them.
For the Prisoner.
Q. What was her way of life?
Williams. She wound worsted .
344. (M.) Sarah Gainer , otherwise Genour , spinster , was indicted for stealing four pieces of lawn, value 13 l. twenty-four linnen handkerchiefs, value 10 s. six pieces of irish cloth. and one piece of clothing, the goods of Eleanor Bainham , in the dwelling-house of the said Eleanor , July 3 . +
Eleanor Bainham . The prisoner at the bar was my servant , on the 3d of July she gave away some of my goods to a neighbour's maid, Sarah Harriman ; there was three pieces of lawn, and one cotton handkerchief; the servant came and told me of it, I then went and took the prisoner to my own house, I desired she would confess, which she did, and wrote a confession with her own hand, (she produces one, which was read to this purport,) Mrs. Wilkinson a quantity of irish, four bits of lawn a present, one cotton handkerchief a present, one piece of clouting, pawn'd by I don't know who.
Q. When she wrote that paper, did she confess she took the things mentioned in it, from you?
E. Bainham. She did.
Q. Where did she say she took them from?
E. Bainham. Out of my shop belonging to my dwelling house.
Q. When she wrote this paper and signed it, what arguments were made use of to make her do it?
E. Bainham. Not one present asked her any one question, it was of her own accord.
Q. Was there no promises made to her, that you would not prosecute ?
E Bainham. No, there was none at all.
Q. Did you not promise her you would be favourable in your prosecution?
E. Bainham. I said she must suffer the law, but I would do all I could to save her life.
Sarah Harriman . The prisoner came to our shop for an errand for her mistress on the 3d of July, she brought me two remnants of lawn and one cotton handkerchief, I carried them over immediately to her mistress.
Q. For what purpose did she bring them to you?
S. Harriman. She brought them, and desired I would let her leave them there, till she called for them.
Robert Loops . Mrs. Bainham sent for me on the 2d or 3d of July, and told me her maid had gone from her and robbed her, we went to a friend of the girls, and she was not there; then we had information she was at the Black-dog at the Seven-Dials, we went there, I went to her and said, she had used her mistress ill, and said she must go before the constable, the girl came with me directly, and made no resistance at all.
Q. Did she make any confession?
R. Loops. None but what she wrote.
Q. Did you see her write it?
R. Loops. I did, but what particular things is in it. I cannot recollect, she told her mistress she would put down every thing that she had took from her, her mistress never asked her to do it.
Q. Is this the paper?
R. Loops. (He looks at it.) As to the paper, I can't swear to it, but it seems to be the same handwriting ; her mistress has had it in her custody ever since.
Prisoner's Defence :
I am not guilty of the fact.
For the Prisoner.
Guilty of stealing, but not in the dwelling house .
He stood charg'd on the coroner's inquest for the said murder.
John Alderton . Five weeks ago last Saturday, the prisoner's wife was stabb'd, I was present in the room, it was at the Whittington-and-Cat, Whitechapel , but I did not see it done. The prisoner and she were wrangling, as they had us'd to do when they got, in liquor.
Q. Do you recollect what words past?
Alderton. No, I did not take notice, he wrangl'd and jaw'd. I took a knife out of the prisoner's hand a little time after the woman fell.
Q. Was it bloody?
Alderton. It had blood upon it.
Q. What did the prisoner say?
Alderton. He said, take it John.
Q. Did he discover any concern from what had happen'd?
Alderton. No, he did not.
Q. Did you see the woman fall?
Alderton. No, I did not.
Q. Did she speak afterwards?
Alderton. No, not as I heard.
Q. Did you see them come into the room ?
Alderton. I did, they came lovingly together.
Q. Were they sober?
Q. How come you to say so, had they us'd to be so but seldom?
Alderton. I joak'd to them; they were always very lovingly so far as I know.
Q. Can you recollect what pass'd ?
E. Targoose. I cannot, they were quarrelling like ; I went out of the room and left them quarrelling. I was just out of the room and stood by the door, when I saw the woman fall : her husband was a little distance from her at the time, (about 3 yards) I believe she spoke as she fell, but never afterwards.
Q. Did you see any wound afterwards ?
E. Targoose. No, I did not look at it.
Q. What did the prisoner say afterwards?
E. Targoose. He said, if he had kill'd her he must be hang'd for her.
Q. How long was this after she fell?
E. Targoose. It was near a quarter of an hour after. The company in the house were charging him with killing her.
Q. Did you see this knife that day. (The knife produc'd in court.)
E. Targoose. I did after the woman fell, but not before.
Nicholas Edwards . I am a surgeon, I was sent for to examine the body 3 or 4 days after the decease ; I found a wound on the upper part of the left breast very near two inches long a-cross the breast; it had penetrated through the mussels into the thorax ; I found the breast full of coagulated blood, and one of the capital vessels that had an immediate communication with the heart, was entirely separated.
Q. What is your opinion was the cause of her death ?
Edwards. I am of opinion that wound was.
Robert Stoneclift . I took the prisoner's information in writing before the justice, I read it over afterwards to him, he said it was true, and had the pen in his hand intending (I suppose) to sign it; but I suppose some-body by, persuaded him from it, so he did not sign it.
Q. What did he say before the justice?
Stoneclift. He said he was sitting on one side a box, and his wife on the other. They had some words, he was eating some bread and cheese with that knife in his hand, and by aggravating words she gave him, he stabb'd her with the knife from the other side of the box. Sir Samuel Gore ask'd him if he did not use the knife back-handed, he answer'd no, he did it fore-handed.
John Thompson. I am beadle of the parish ; I was before Sir Samuel Gore , with the prisoner : I there heard him say he was eating some bread and cheese with that knife in his hand, and his wife ask'd him to let her have some gin, he said she should not, but she insisted she would have some, then he gave her a push. I went away to summons the jury to fit on the body, and heard no more.
Q. Did he not say she had struck him?
Thompson. I did not hear him say any such thing.
The beginning of the fray was this; she would have liquor, and I would not let her: I was eating bread and cheese, and had this knife in my hand. She was very much in liquor, and said, she would have half a pint of gin to treat somebody. I said you have had enough already; she drank up my beer, and gave me two blows, and came against me and knock'd me down slap-bang, and said, if I got up she'd cleave my skull ; on this she went away, and I got up, and saw her no more till she was dead.
Q. to Alderton. Did you see any blows struck, or pushing on either side?
Alderton. No, I did neither.
Targoose. No ; I did not.
To his character.
Cornwell Burchill. I have known the prisoner and his wife eight or nine years, and never heard but they lived well together.
Guilty , Death .
346. (M.) James Williams was indicted for stealing one gold watch, val. 10 l. one steel watch chain, one seal set in gold, one cloth coat, one pair of shag breeches, the goods of James Cope , in the dwelling house of the said James , June 13 +.
Q. From what part of your house?
Cope. The coat and breeches were in a closet joining to my bedchamber; the gold watch, chain, and seal, hung up altogether by the chimney in my bed chamber.
Q. What time did you miss them?
Cope. I missed them about 5 o'clock in the morning.
Q. When did you see them last?
Cope. I can't remember that I saw them since the day before I missed them, I saw them about twelve at noon.
Q. What did you do upon missing them?
Cope. I went to goldsmith's hall, and had papers dispersed to goldsmiths and pawnbrokers, with five guineas reward on the conviction of the person, in order to their stopping them, if brought by any body.
Q. Did you know the prisoner before?
Cope. No, I never saw him before he was taken up to my knowledge. I had my watch brought to the bar of Slaughter's coffee-house, as I had directed in the papers, by a pawnbroker that had taken it in. We concluded that as the person that brought it to him had had but little money on it, in proportion to the value of it, if we kept ourselves close he might come for more, and so be taken. It happened to be the case, and proved to be the prisoner at the bar, who was taken before Alderman Alsop. There I saw him, he had my coat on his back at the time. The coat and watch produced in court and depos'd to.
Q. from the prisoner. Was not there two men in your neighbourhood went off about that time?
Cope. I know nothing of that, I heard there was a man went away about that time, but knew nothing of him.
James Styles . The prisoner brought this watch to me the 13th of June, ( holding the watch in his hand ) the seal and chain were to it; he asked me two guineas and a half upon it, which I lent him, as I went to open it, to look at it, he said, you need not examine it any farther, you had it in March last. The next morning I had a warning brought me from goldsmiths-hall, upon which I carried the watch to Slaughter's coffee-house, and delivered it to Mr. Cope. We concluded to let it remain a secret; and on the Monday morning the prisoner came again, and ask'd me if I could not lend him a guinea more: I told him, I believ'd I could, if he'd stay till the boy came down, thinking to take him, but looking out at my window, I happen'd to see a neighbour, whom I beckon'd to; he came over, and when he was in the shop I jumped over the counter, and told the prisoner he must give an account how he came by that watch; which, he said, he could do very well. I sent for a constable, and after that for Mr. Cope. I had him in the shop I believe an hour; at last he drew out a clasp knife, (produced in court) and of a sudden said, he'd stay no longer; the constable took hold on the lappet of his coat, and I by the collar, and we took the knife out of his hand.
Q. Was it open in his hand?
Styles. It was open, and he said the first man that went to meddle with him he'd stab, or some such words, he was carried to Bridewell, and the next morning before the sitting alderman who committed him to Newgate.
Q. What coat had the prisoner on when you took him?
Styles. He had this coat produced here by Mr. Cope.
Q. Had he it on the first time he came?
Styles. No, he had not; he had then a blue one on.
Q. What time of the day was it that he was with you on the 13th of June?
Styles. I believe it was betwixt four and five in the afternoon.
These things (the coat, and the gold watch tied up in it) I found in Queen-street, below the White Bear, at almost nine at night. There were two young men with me at the time, they are at Hampton-Court, I expect them every minute.
Guilty , Death .
Thomas Twinbrow , was indicted for that he on the king's-highway, on John Bowden , did make an assault, putting him in corporal fear and danger of his life, and taking from his person against his will, one canvas bag, value 1 d. 56 guineas, 20 s. in silver, 14 six pences, and Portugal gold in divers pieces; in the whole to the amount of 75 l . 9 s. his property, &c July 16 . +
John Bowden . On Monday last Mr. Thornton, and I, were going home from Smithfield Market, to Watford; riding side by side between the 5 and 6 mile stones in the Edgware-road, all on a sudden I saw a man ride up to Mr. Thornton, and say something to him, what I did not hear; Mr. Thornton said, what do you say? then the> man said, Sir, your money .
Q. What time of the day was this ?
Bowden. It was just turned of six in the afternoon.
Q. Do you know that man, that said, Sir, your money ?
Bowden. The prisoner at the bar is the man; upon this Mr. Thornton rode on into a gallop, and so did I, the prisoner pushed on, and got before, and turned upon us; and said, what do you mean by riding away from me, if you move, or stir a yard, I'll shoot you dead; and clapped a pistol to Mr. Thornton, and said to him, why don't you make haste and pull out your money; Mr. Thornton put his hand through his great coat side: the prisoner said what are you fumbling about; drop none, for if you do, i'll shoot you this minute; Mr. Thornton, pulled out his bag, and the prisoner took it and put it into his pocket; then he came to me, and said, where is your money; I said I had but little; he said, I know you have money, don't talk to me, and clapped his pistol to me, I was very unwilling to pull out mine, he swore he'd shoot me; I saw Mr. Thornton, look very pale and afrighted, and finding I must deliver it, I pulled out my bag, and delivered it to the prisoner, which he put into his pocket.
Q. What was in your bag?
Bowden. There was in it, in English and Portugal money, gold and silver, to the amount of 75 l. 9 s. in the whole. After this the prisoner said, Now make the best of your way, for if you pretend to turn back or follow me, I'll shoot you dead upon the spot. And away he rode as hard as he could for London.
Q. Was his face cover'd?
Bowden. No, my lord, it was not; then I said to Mr. Thornton, for God's sake let us pursue him: Mr. Thornton said, I must secure some money which I have dropp'd out of my bag loose into my breeches, so he got off his horse and found nine guineas which he had put there, and took and put them into his pocket; then we set out with speed. In riding about half a mile we met a man which I know'd. I ask'd him if he met a man on a cropp'd mare, he said he did not, but saw a man ride up for Hampstead heath a great pace, then we pursued as fast as we could go, out before we got to Hampstead heath, we met a woman of whom we asked as before; she informed us there was a man riding a great pace. We followed as she directed, then we came to a gate in the road, at which sat a girl to open it, we ask'd her if she saw a man ride a-pace that way, she said he was just gone across the common; we rode after him into Hampstead town, and enquired of a man that we know w told us that the man was at his door buying a whip pot a minute ago. We rode on and at Hampstead hill, by the Red-lyon, I saw the prisoner before us; there were some gentlemen riding to London well mounted, I told them we had been robb'd by that man, meaning the prisoner, and desir'd they'd ride on and call out highwayman, then they rode on, and we after them. There were some gentlemen sitting drinking at the George, one of them catch'd hold of the prisoner's bride. I soon came up and took hold on his collar, and said, Friend, I am gald to see you once more.
Q. How long do you think this might be after the time of the robbery?
Bowden. It might be better than half an hour. I told the people the prisoner had a pistol about him, then that was taken out of his pocket first The next thing was a powder horn, the next a bag, and as soon as I saw it I said I'll swear that is my bag. (The bag and money produc'd in court by the constable, and the money told over in court by the prosecutor, and depos'd to.) The people not finding Mr. Thornton's bag, we asked him where he had put that, he told us he had dropp'd that going to shift it out of one pocket into the other, as he was going to come on the common; (we never could find it). We took him before the justice, and the justice ask'd him what he had to say for himself, he said he had nothing to say for or against it.
James Sangoe . On Monday in the afternoon, as I was drinking at the George alehouse, at Pond-street, near Hampstead, in company with others; as I sat on my mare, I heard the call Stop thief! Stop highwayman!
Q. Was it loaded ?
Sangoe. It was, my lord, the next was a small flask of powder, a clasp knife, two keys, and two shillings and sixpence in money. He said don't take that from me, that is my own money, that I did not rob the men off, so I gave it him again, then I began to search the other side and took out this bag here produc'd with the money in it. The prosecutor said, Dear sir, that's my bag, I'll swear to it. Then Mr. Thornton said, where it the yellow bag you took from me, he said he had dropp'd the endeavouring to shift it out of his coat pocket, into his breeches, in the lane coming up to Hampstead heath; then he was taken before Mr. Harrings he said little or nothing there. He was committed to Newgate, and going in the coach he told us it was the first fact he ever committed, but that he had made an attempt on the Saturday in the afternoon on Black heath, to stop a cause, but people coming he was oblig'd to sist. That on the Sunday he lay by, and on the Monday he went out in the morning, and stay'd between three and four hours on Finchley common, but neither with thing he return'd to Highgate, to Hampstead mad, and on to Edgware, that there he stay the t, till he met with these gentleman; was to meet with a gentleman that was to his father, post chaise. But he my with these two persons, me too their money, for which he was very sorry.
Abraham Strulton . I was drinking at the George alehouse with others, I hearing the cry Stop a high wayman! saw several come galloping; Mr. Sangoe stopp'd the prisoner, but he slip'd from his hand. I jump'd from my mare, and ran and laid hold on the prisoner's bridle; the prisoner said don't stop me, it is only a joak, I said stay a little longer let us see if it is a true joak. Mr. Sangoe jump'd from his horse, and we took the prisoner off his horse into the house, and search'd him. The rest as the former witness'd, with this addition, That another man was to have been with him when he made the attempt on Black-heath, but he was taken for debt, the thought ), and put into the Compter.
Jacob Sawered . I was at the George drinking a pint of beer, by myself; the other witnesses were there. I hearing the cry a highwayman, went out at the door, and there I saw the prisoner surrounded we carried him into the house, I took this pistol out of his pocket, and left him for others to search him.
Edward Haroway . I am constable, I was present when the prisoner was taken and search'd, he produc'd the pistol, powder horn, and a bullet, which seem'd to have been made of the knob at the bottom of the handle of a pewter pint pot, all found upon the prisoner. I went with him to justice Harrington, and to Newgate, he said going along he was very sorry for what he had done.
George Thornton . I and the prosecutor were going home from Smithfield Market, to Watford; between the 5 and 6 miles stones the prisoner came to me and said your money, I said what do you mean, he said your money, sir, then we try'd to ride away, but he got before us and headed us, and said what do you mean by riding away, and threaten'd to shoot us if we refus'd to give him our money. I said we have but very little, he said we had money both of us ; I put my hand to my pocket, and he said give me your money directly, or I'll shoot you. I fumbled out about nine guineas from my bag into my breeches, and deliver'd the rest in the bag, and id now you have got all my money I hope you'r return me some; he answer'd No. the D - l a farthing After that he demanded Mr. Bowden's money, which he gave him; then the prisoner said go along, I see you look back or offer to follow me I'll shoot you dead; and went off for London. I got down and took care of the little I had saved; then we followed the prisoner. (The rest as the prosecutor had depos'd ).
The prisoner had nothing to say in his defence, but denied he had made any confession of an attempt on Blacklenth, and that of saying he had been on Finchley common that morning.
George Carter , John Gyles , Richard Pen , Joseph Holmes , and Jonathan Lee , appeared for the prisoner, the contents of what they said was, That the prisoner's father was a worthy, honest tradesman in the city of London, a man of great credit and reputation; but said little about the prisoner. Guilty , Death .
Mr Thornton , but there being no occasion, he was not tried upon that.
348, 349. (M.) John Stockdale , and Christopher Johnson , where indicted, for that they on the king's-highway, on Zachariah Gardiner , did make an assault, one silver watch, value 30 s. one silver seal, value 1 s. and 19 d. in money numbered, from his person did steal, &c . June 18 .
They were indicted also for that Stockdale discharged a pistol upon the said Zachariah, and gave him a wound on the left side of his belly, of which he died; and that the prisoner Johnson was present, aiding, assisting, and abetting in the same . *
Ann Coant. I live at Edmonton , on the 18th of June 1 was one of the persons call'd to the assistance of the man that was shot, I went, and knew him to be the postman , I found him tumbling on the ground, he had been a bleeding, but he did not bleed then, he looked at me, and said, I am a dead man, then he asked me if I did not see two persons go by on horse back, I said yes, says he they were the men that robbed and shot me, I asked him whereabouts they met him, he said at the Chace gate, he said he opened the gate for them, and they asked him what it was o'clock; he said he pulled out his watch, and told them a little after two; that after he had told them, they demanded his watch; he said he gave it to one of them, and the other shot him.
Q. Did you see this man that was shot, any time before?
Q. After he was gone by, did you see any body else go by?
Q. Did you hear a pistol fire?
The SECOND PART of these PROCEEDINGS will be published in a few Days.
In the 27th Year of His MAJESTY's Reign, BEING THE Sixth SESSION in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.
NUMBER VI. PART II.
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.
Q. How long was it after the two men went by?
Q. What distance of time might there be between the two prisoners going down the lane, and Mr. Lee's ?
Q. Are you sure it was the postman, did you say any thing to him?
Q. Was there any body else by but your self, during the time he told her this?
Q. When Mr. Lee came to you, did he say any thing about the two men?
Mary Fennelly . I live next door to the last witness, we were sitting together at work in my house; the postman ran by very swift, I asked who it was, Mrs. Coant said it was the postman ; I said I would satisfy myself, whether it was or no, I then ran and called post! post ! he turned about, and said yes mistress, I asked him what it was o'clock, he said two; he had not been gone by long, before the two prisoners went after him; the first had a light cloth coat on.
Q. Was it a loose coat, or a straight coat?
Q. Which was that, the first or the last?
M. Fennelly. The last.
Q. What distance was there between them?
M. Fennely. About the length of their horses,
Q. How long after the postman was gone was it before the two men went by?
M. Fennelly. About two or three minutes.
Q. Can you say any thing as to their horses.
M. Fennelly. It was a black one the hinder man rode upon, and it was a mare; they had not been gone long, before a gun or pistol went off, as we thought; I said Mrs. Coant there is a gun gone off.
Q. How far was you then from the chase.
M. Fennelly. About a quarter of a mile.
M. Fennelly. About a quarter of an hour.
Q. Did you see Mr. Lee go down, before this accident happen'd ?
M. Fennelly. No, I did not; the first time I saw him that day, was when he came to us, and said the postman had been murdered.
Q. Which way did he come?
M. Fennelly. From the chase gate.
Q. How long was Mr. Lee's speaking and making this alarm to you, after the two men had past by before?
M. Fennelly. A very little time, I believe it was about two or three minutes.
Q. Did you go to the postman?
M. Fennelly. I did.
Q. What condition did you find him in?
M. Fennelly. A very deplorable one.
Q. How near the chase-gate did he lay ?
M. Fennelly. Very near, not above two or three stones throws.
M. Fennelly. She did, we found him very ill; I said, lord have mercy upon me, postman; who would have thought of this when you went by? he ask'd whether there was not two men gone down the lane; we said yes, he said they have robbed and shot me; we asked him whereabouts it was, he said at the chase-gate, and that he held the gate open for them.
Q. What did he say they did then upon his opening the gate ?
M. Fennelly. He said they asked him what it was o'clock, that he pulled out his watch and told them; that then they immediately asked him for it, he said he gave it them, and made no delay.
Q. Did he say which of them shot or robbed him?
M. Fennelly. He did not to us, we never asked him.
Q. Did all this pass, while he lay on the ground ?
M. Fennelly. Yes.
Q. What became of him afterwards?
M. Fennelly. He was carried to the King's-head, to one Mr. Hubbard's, by four men.
Q. How far was it between the King's head, and the place where he lay ?
M. Fennelly. About two or three stones throws; he was carried up and put to bed, and we did not see him afterwards.
Q. Did he speak plain, and could you well unstand what he said?
M. Fennelly. He spoke very plain.
Q. Did Mr. Lee say any thing about the two prisoner's riding away?
M. Fennelly. No, he did not say any thing about them.
Q. When you came there did not he ask you whether you had seen two men ride away?
M. Fennelly. No, he said nothing about it.
Q. What was it he did ask ?
M. Fennelly. He said, did not you see two men go down the lane; we said yes, he said they were the men that robbed and shot him.
Q. Had Mrs. Coant said any thing to the deceased about the two men, before such time as he spoke of them to you?
M. Fennelly. I do not think she did, I did not hear her.
Q. How came you to be so particular about these horses ?
M. Fennelly. The swarthy man looked in my face very hard, and I look'd at him.
Q. What became of Mr. Lee?
M. Fennelly. He went to alarm the people at the King's Head.
Council for the King.
Q. Do you know any thing of Stockdale or Johnson ?
M. Fennelly. I never saw them before I saw them ride by, and I believe, to the best of my knowledge, Stockdale is one.
Q. Did you see him afterwards, at any other time ?
M. Fennelly. Yes, I saw him before the justice in London.
Q. Did you take any notice of him at that time, whether you knew him or not?
M. Fennelly. I did, and believe to the best of my knowledge, he is one of them that rode by.
Q. Do you mean that you are positive to the person, or only to the best of your knowledge ?
M. Fennelly. I dare say, I can be positive to the person.
Q. When you saw Stockdale before the justice, was you so positive to him ?
Fennelly. I was not, but said, to the best of my knowledge he was the man.
John Holbourn . I live in Kingsland Road, and was at Mr. Hubbard's, who keeps the King's-head on Winchmore-hill, on Monday the 18th of June, sitting at the door, between one and two o'clock; the postman came, and ask'd Mr. Hubbard if there was any thing for him, who said no, but that there was a let ter over the way; he went there and took the letter, and then turn'd down the lane that leads to the chace gate. About two minutes after I saw two young men on horseback go down after him, one of them had a darkish wig on tied behind; the other was behind when they pass'd by me, they both went down the same lane the postman did, and the first that pass'd had a lightish coloured coat on.
Q. Did you take any notice of his person?
Holbourn. No, not of his face; they both rode on dark mares, and the last man's was a clumsy dirty one, and had three white feet, I took great notice of him, he wore brown cloaths, and look'd a great deal younger than the other.
Q. Was either of the prisoners at the bar the persons ?
He points to Stockdale, and says, He is the man that rode last in the brown cloaths.
Q. Are you sure that is the man, did you take more notice of him than the first ?
Holbourn. I did, for I was sitting at the door, and he was jawing by the door, so took more notice of him, he had a swarthy complection.
Q. Did you observe any thing particular in his wig?
Holbourn. Yes, he had a black ribband behind.
Q. Did you see any body else follow them?
Holbourn. No, I did not. After I had drank my beer and was going, a gentleman, with a lac'd hat, came up to Mr. Hubbard's, and said, Mr. Hubbard, for God's sake, go or send somebody down the lane to relieve the poor post-boy for he is shot and robb'd, I ran down the lane, and when I came there, there were two women standing hard by, he lay about 200 yards from the gate in the road.
Q. Were they the women that have been examin'd ?
Holbourn. I cannot say, I said to him, Lord have mercy upon me! What is the matter? he said, two men followed him down the lane, and robb'd and shot him at the gate. Then I, and three more took him up, and carried him to Mr. Hubbard's, at the King's-head.
Q. Have you seen the mares lately?
Holbourn. I saw them on Wednesday last, in a stable near Hicks's-hall, they were shewn to me by the hostler, who asked me if I knew them, I said I did, and do really believe they are the same mares the two prisoner's rode on; for one had crop'd ears, and the other had three white feet.
Q. Did you take notice that the mare was crop'd when you saw them go down the lane?
Holbourn. I did.
Q. What was you doing at the time you saw them go down the lane?
Holbourn. I was eating my dinner at Hubbard's door.
Q. You say you never saw Stockdale but at that time, now do you think you should know him if you saw him in any other place?
Holbourn. Yes, I should.
Q. Did you ever take notice to any one that the mare was crop'd, before you saw her on Wednesday?
Holbourn. I did to several people.
Q. Could you, without having been shewn the mares again, have swore to them?
Holbourn. I could have pick'd them out from among a thousand.
William Hubbard . I keep the King's-head on Winchmore-hill ; on the 18th of June the deceased called at my house, to know whether there was any letters for him: I told him no, but that there was one over the way, which he went and took, and then I saw him go down the lane that leads to the chace: I went in, and, looking through the window, saw two men ride down the lane, the last had got a sharp cock'd up hat, and a brown wig, tied up with a black ribband behind in a double knot, and hung down loose. They were about two rods distance from one another. In about ten minutes after they were gone down Mr. Lee
Q. Did you speak to him?
Hubbard. No, I did not, but heard him say he took on for his poor dear wife; he was carried to my house, where I helped to put him to bed.
Q. If he had been asked a question could he have given an answer?
Hubbard. He could and did.
Q. Look at the prisoners, are you sure they are the men?
Hubbard points to Stockdale, and says, that is the man that rode last I am very positive.
John Jones . I am a farmer, and live at Winchmore-hill by Endfield chace, next door to Mr. Hubbard's. On Monday the 18th of June, much about two o'clock at noon, as I was standing by my own gate, I saw two men go by me, through Mr. Hubbard's yard, and down the chace lane; one had a brown coat, which was the prisoner Stockdale.
Q. Which is Stockdale ?
Jones. That is the man (pointing to him) he was the man that rode last.
Q. Did you take notice of the first man?
Jones. No, not-so much as I did of the last; for he turned his face over his shoulder twice, so I took particular notice of him, he had got on a brown cloth coat, his wig was tied with a ribband behind, and his hat cock'd up very sharp; but I cannot say any thing to the person that rode foremost.
Q. Did you take any notice of their horses?
Jones. No, I did not, for I look'd more at them than their horses, and am sure Stockdale is the man that rode last by my gate.
Q. Did you see them afterwards?
Jones. No, I did not.
Q. Did you see any thing of the deceased after he was wounded?
Jones. Yes, I saw the surgeon dress the wound.
Q. Where was that?
Jones. Down in the lane, in the place where he lay.
Q. Did you hear him say any thing?
Jones. No, I did not.
Q. Did you see him after he was at the King's head ?
Jones. No, I did not.
Q. Have you not seen the prisoner Stockdale since he has been taken before now ?
Jones. Yes, I saw him before Mr. Fielding?
Q. And was you sure then that he was the person that rode by last?
Jones. Yes, I said so as soon as ever I saw his face.
Q. Did you see any other person go down the lane besides the two prisoners?
Jones. I did not.
William Smith . On the 18th of June I saw the post-man lay wounded near Endfield chace gate ; he was carried from thence to the King's-head, where I asked him who did it; he said two young men followed him down the lane and robb'd him, and that the man in the brown coat shot him.
Q. Did he say how it happen'd?
Smith. Yes: he said he was at the chace gate and open'd it for them, that they ask'd him what it was o'clock, and he told them; that then they demanded his watch and money, after which the man in the brown coat shot them.
Q. Was he sensible at that time?
Smith. I believe he was.
Q. How long did he live after that?
Smith. He liv'd two hours.
Q. How long was you with him?
Smith. About an hour and half?
Q. Did he always declare the man in the brown coat shot him?
Smith. Yes, he did.
Q. Did not you say any thing to him about the description of the people?
Willm. Smith. I did not.
Q. Who told him what cloaths they had on?
Willm. Smith. Nobody, he told me the man in the brown coat shot him.
Henry Smith . I live at Southgate, in the parish of Edmonton. On Monday the 18th of June, I went on the chace to look at my horses, and while I was looking, I heard a gun or a pistol go off, I thought somebody had shot at a deer, I thought I would
Q. How long was it after the report of the pistol before you saw them.
H. Smith. About a minute.
Q. Did you take any particular notice of their horses?
H. Smith. I did.
Q. Did you observe any particular marks on them?
H. Smith. One of them had two white feet behind, but they gallop'd very fast so that I could not mind the colour of their horses, but I took so much notice of them that I can remember them very well.
Q. Have you seen them before now?
H. Smith. I saw them before justice Fielding.
Q. Was you satisfied they were the persons then?
H. Smith. Yes, I was.
Q. How can you swear to him that is sick, are you sure he is one of the men that were before justice Fielding. (He is sent to look at him).
H. Smith. He is one, and that is the other, (pointing unto Stockdale).
Edmund Glanister . I live at Southgate, and am a butcher. On the 18th of June I was going to the West-lodge, to look at some lambs upon the chace; and about five minutes past two as I was crossing the chace into the road, I saw a man come riding by very hard; I believe he might be got about a quarter of a mile, when another came up, he spurr'd the mare and she trip'd several times, I thought she would have fell; and every time he spurr'd she groan'd. I took great notice of the mare, she had a wen on the near leg.
Q. Did you take particular notice of the first man's mare?
E. Glanister. I saw it was a dark brown one, but did not take much notice of it.
Q. Have you seen the mares since.
E. Glanister. Yes, they were shewn me by the hostler, I can swear to the last man's mare by the wen, but as for the other I cannot swear to that.
Vincent Moore . I am a surgeon and apothecary, and live at Enfield. On Monday the 18th of June, I was in company with two gentlemen going to Southgate to dinner, and call'd by the way to see a person that was sick; this was about half an hour past two, I then heard that an accident had happen'd, I went to the deceased and found him plac'd upon a chair in the lane in a dying condition, (and could scarce speak) supported by the people that were there, they told me it was the penny post-man, and that two young men just gone by had robb'd and shot him.
Q. Who told you so?
V. Moore. William Hubbard was one, and a woman the other. I examin'd the man and ask'd him where he was shot, he said in his belly; then I examin'd and found a wound on the left side of his belly, near the navel, I prob'd the wound and found it was very deep, and went between the skin and the membrane of his belly very deep into his right groin. My probe was not sufficent to tell how deep it was; I therefore drest the wound and desir'd he might be had into a bed, and that I might see him again in an hour or two's time. I waited upon him a second time about two or three hours afterwards, I then found him a dying, and waited there till he did die, but did not see him expire; I was there after he was dead, and by examining his right thigh it had turn'd black: I found a round substance on the right side something like a ball.
Q. What do you imagine the wound proceeded from?
V. Moore. I believe it proceeded from either balls or slugs, and that more than one.
Q. From what you observ'd do you believe the wound was mortal?
V. Moore. He was sinking and dying when I came, and I look upon it to be a mortal wound.
Q. Do you believe he died of that wound?
V. Moore. I believe he did.
Q. During that little time he did live was he capable of speaking?
V. Moore. Yes, he was.
Q. Did he speak?
V. Moore. Yes, he said he was in great pain, and told me he was shot and was a dead man.
V. Moore. No, I did not, he declar'd that before I came to other people.
George Cook . I keep the Three Cups in Holborn, and lett out horses. I have known Johnson this twelve-month, he us'd to hire horses of me; he came to my house on Sunday evening the 17th of June, to hire a horse, I told him he should have one when it came home, and she came home on Sunday night ; then he went away, and on Monday the 18th he and the prisoner Stockdale came about six in the morning, and Johnson desir'd I would get the mare ready. Then they went away together; and between seven and eight Johnson came by himself and mounted the mare.
Q. What sort of a mare was it ?
G. Cook. It was a dark brown mare with cropp'd ears, and a hog mare.
Q. What time did the mare return?
G. Cook. At six o'clock that evening Johnson came in without the mare, and desir'd my lad to go and fetch it, for he had left her at St. Giles's, and that he did not care to ride over the stones. I sent the lad for the mare, when she came home I saw she had been rode very hard, and had sweated very much, and had been rubb'd over. I have shewn the mare to several of the witnesses that have been examin'd.
Q. Did you know him before?
Miller. No, I did not, he told me where he lodg'd at a snuff-shop in Tash-Court, Grays inn-lane; he wanted the horses for the Monday following at nine o'clock; then I went into the stable and shewed him two, he told me he believ'd they would do very well, but the gentleman would be in presently; he went away then, and did not bargain: presently Stockdale and he came together.
Q. Had you seen the prisoner Stockdale before?
Miller. No, my lord, not to my knowledge; they went into the stable with me, and Johnson said to Stockdale, do you take this mare, she will do very well for you; I will not have the other, but I'll go to Cook's, at the Three Cups in Holborn, for one for me ; they ask'd what I would have for the mare for the next morning to go to Barnet to see the horses that were to run, I told them 4 s. 6 d. and we agreed the next morning. Johnson came about eight o'clock, they had order'd the mare to be ready at nine; he said he'd go to Cook's and bring his mare and take Stockdale with him. He came again on a crop mare almost black, with a hog mare, and Stockdale on foot with him, and Stockdale mounted my mare in my yard.
Q. Describe your mare.
Miller. She is a black one with a wen upon her near leg, as big as my fist, and 3 white feet. The call'd for a pint of beer, and drank it, I ask'd for my money before the mare went out, Stockdale said, he never was ask'd for money before he came home; Johnson said, he always paid when he came home, and he'd be answerable for the money; then they both rode off, and in the evening about six, or rather before, they both of them came to my door, Stockdale was on my mare, he deliver'd her, and said to me if you'll go along with me to Johnson's lodgings he would pay me.
Q. In what condition was the mare?
Miller. She was in very bad condition indeed. She came in on but three legs, absolutely tired, and strain'd in the back sinews; she lay down as soon as she came into the stable: I went along with Stockdale to Johnson's lodgings, he ask'd the woman below for Johnson, she said he is just gone out, then he said to the woman be so good as to lend me a crown, I could not justly hear her answer, but she lent him none. We went to a place or two more, but could not find Johnson, then Stockdale said, be so good as to step home, and Johnson shall come and pay you in half an hour; I went and staid about that time, then I went to Johnson's lodgings again, and presently he came in and told me he had paid but 3 s. 6 d. for the other mare, but he paid me 4 s. 6 d. for mine.
Q. When people, Mr. Smith, and others, came to see the mare that Stockdale rode, did you shew them all that same mare that he rode?
Miller. I did.
Mr. Glanister. I went to Mr. Miller, to enquire for this mare; Mr. Miller, and the hostler, shewed me her, she was a black one, and had a wen on one leg.
Q. to Cook. Did you shew that mare to Glanister, which you let to Johnson?
Mary Wood. My husband keeps the Fox-alehouse at Palmer's Green, about eight miles from London, near Winchmore-hill ; I remember on Monday, June 18, the two prisoners (She looks at them well, and says she is sure they are the same persons) came to our house a little after one o'clock and baited their horses there; they staid about twenty minutes, they aske d me the time of the day and I went to look, and remember the time they staid was thereabouts.
Q. Did you take any notice of their horses?
M. Wood. No, I did not.
Henry Peal . On Wednesday the 20th of June, being at Mr. Fielding's over night; I was informed a man would shew me, and others, a place in Grays-inn-lane, where a man lived that answered the description in the advertisement, of one of the persons that shot the postman; there were Jones, Philipson, Norden, and I, we went in the morning about four clock; as soon as the street door was open, we went in; we found two women in bed, but no man; I staid in the room till about half an hour after seven; Norden and Jones were gone round Holborn, to see if they could find where the horses were hired; in the mean time I talked with Johnson's wife, she told me that on Tuesday morning her husband and Stockdale had been out together; about half an hour after seven, up came Stockdale with a handkerchief in his hand ; said I, is your name Johnson ; he said no, my name is Middleton, what have you to do with me; I had him by the collar, I put my hand to his pocket, and took out these pair of pistols loaded with eight sluggs, four in each, and a seal. (Produced in court.) He immediately said, I wish you'd go and take Johnson, for he has brought me to it, and said he'd tell us where he was; he said he was at a town beyond Hammersmith, at the Led-Lion, but did not know the name of the town; we named Brentford, he said that was it; we went in two chaises, Stockdale and I in one, and the others in the other; and between Knightsbridge and the half-way house, going to Kensington, we met Johnson; Stockdale said that was he, so we took him; Stockdale told us, Johnson had a pistol and hanger about him, Jones took the pistol out of his pocket, and Philipson the/ hanger from under his coat; Stockdale had before told us it was Johnson that shot the postman, and the seal I found in his pocket, Johnson gave to him; when we had them face to face, Johnson said Stockdale shot the man, with bitter wishes; Stockdale owned he got off the horse and took the man's money out of his pocket, and that Johnson demanded the man's watch, and he put it in his hat as he sat on horseback.
William Norden . I went along with the last witness, Jones and Philipson, in order to take Johnson ; I made a stop to talk to the keeper of Tothill-fields-bridewell; that when I came up to them they had taken Johnson as he was coming to town; when we got the prisoners together they upbraided each other with the murder of the man; Johnson wished his eyes might tumble into his hat if Stockdale did not shoot the man, Stockdale denied it and said it was Johnson ; I sat between them to keep them from fighting; Stockdale owned he took the money from the man, and said Johnson held his hat and took the watch, after which Johnson shot the man, Johnson owned he shot at a man near Uxbridge, the next day.
Samuel Philipson . After Stockdale was taken I came into the room; he desired we would go and take Johnson, and he went with us; I went with Jones in the first chaise, and Peal with Stockdale, in another; going on this side the half-way house, under the park wall, as Johnson was coming along, Stockdale said that was he; I jumped out of the chaise and got over the ditch and took him by the arm; he asked what it was for, I said I'll tell you presently; under his coat I found this hanger, (produced in court;) and Jones searched his pocket, and in his left hand side found a pistol; then I told him, they say you shot a man: I was tying his hands with his handkerchief, he turned round and saw Stockdale in the chaise; he said that little scoundrel I suppose sent you after me; I said he did; said he, did he say I shot the man; I said he did, he said he is a scoundrel, it was he that shot him; we put him into the chaise and drove to the Red-lion at Brentford, there the two prisoners argued about shooting the postman; Stockdale said, you villian you asked the man what is it o'clock, he pulled out his watch, and you demanded it, he put it in your hat, and you shot him directly, and the man gave a jump, and you laughed; Johnson said to him, you little scoundrel you shot him, and I had a good mind when we were on Hounslow-heath to have shot you, and had my hand on my
William Jones . I was present at the taking Johnson; I took a pistol loaded with pebble stones out of his pocket; when we got them to the Red-Lion at Brentford ; they charged each other with doing the murder, also in taking the man's watch.
John Ashburner . I am a pawnbroker, and live at the corner of Half-Moon-street in the Strand. (He produces a watch; ) this I had of the prisoner Johnson, he brought it and had a guinea and half of me for it, he left it in the name of John Middleton .
Q. What time was this?
Ashburner. It was on Monday the 18th of June in the afternoon, some little time before candlelight.
Q. Had he used to carry a watch?
Stevens. He did, I have had it of him to mend several times; (he is shewed the watch and silver seal, found on Stockdale.) This is the watch and seal the deceased used to wear, the seal I gave him, and had an impression taken off from it before I gave it him.
Q. Are you certain?
Stevens. These are the very watch and seal that the deceased used to wear.
I can call several friends to my character.
Johnson was very ill the time of trial, and said nothing in his defence, nor called any witness.
Mr. Dison. I knew Stockdale at Leicester, a lad.
Q. How old his he?
Mr. Dison. He is about eighteen years of age; he has been in London about eighteen or nineteen weeks, since which I have been in his company a great many times, I never saw any misbehaviour by him.
Mrs. Dison. I knew him at Leicester when he lived with his father, I have often been in his company, and cannot suppose he would have been guilty of a crime of this nature, had he not been drawn into it.
Mrs. Nevil. I have known him ever since he came to London; he was clerk with Mr. Smith in Doctor's-Commons, he has been about three or four months in town, and has behaved extremely well in my sight; he has been backwards and forwards at my house very often.
Mr. Lilley. I have known him only in town. I live the next door to the house he used, and during the time I knew him he behaved very well, as any person I know, in my company; he is the last person I should have thought on to do such an action, and think he must have been drawn in.
James Taylor . I am a clerk in Doctor's-Commons, Stockdale lodged at our house, I always look'd upon him as a very honest young man, and never could have thought him guilty of such a crime had he not been drawn in.
Mrs. Higgs. I live at Mr. Taylor's, where the prisoner was a clerk, he was regular in his behaviour, I could not have thought him guilty of such an offence had he not been drawn in by somebody.
Mr. Smith. I am a proctor in the Commons ; his father desired I would take him into my office, in order to qualify him in the business, which I did, and never saw any harm of him during the time I have known him.
Q. Did he live in your house?
Smith. No, I never take any clerk in my house.
Q. Do you know any thing of Johnson, or his coming after Stockdale?
Smith. I do not: I never saw him, nor heard of his keeping company with him, 'till after he was taken up. I was very much surpriz'd when I heard Stockdale was taken up on this account.
Q. How old is he?
Smith. He is turned of seventeen, I should think he must have been drawn in.
Mrs. Paget. I have known him from a child, and liv'd some time in the house with him, and never heard any thing ill of him.
Mr. Philips. I have known him about four months, and took him to be a well-behaved young man.
Both guilty of the robbery and murder . Death .
Joseph Hall. I am a brush-maker , my wife keeps a chandler's shop , almost facing the monument , I was gone out, and when I came home I was inform'd I had been robb'd, I enquired of what, and found it was bacon, there was a pretty deal gone: I ask'd who it was; they said, the person was at the watch-house, where I went, and found the prisoner in charge of the constable, then he was carry'd to the Compter, and the next day I carried him before alderman Benn, who examin'd the witnesses, and committed him to Newgate.
Ann Row. I am servant to Mr. Hall, and was serving in the shop at the time the bacon was stole. it stood on the outside of the door upon the cheeses for a shew, when I had serv'd my customer, and turn'd round, I missed the bacon, and saw the prisoner at the bar run; he was taken and brought back to our shop, then he was carried to the watch-house, 'till my master and mistress came home, to know what they would do with him.
Q. from the prisoner to Thatcher. Why did not you take hold on me when you say I passed by you?
Thatcher. He ran so hard against me, he had like to have pushed me down.
Robert Rogers . I live at a fishmonger's, about two doors below, as I was shutting up shop between nine and ten o'clock, I heard a cry of stop thief, I ran out and saw the prisoner run, I ran after him, and when he came to the gully-hole in Thames-street, he slung something out of his hand, I did not look what it was, but pursued and took him. I brought him back to Mr. Hall's shop, and then sent my brother for the bacon, who found it in the gully-hole, and brought it back.
I know nothing at all of this bacon they charge me with. I work at St. Mary Over's glass-house .
Guilty . After which the prisoner said, he thought the bacon was his property, as he was prosecuted for it, and therefore desired to have it.
352, 353. (M.) Carbery Hasley , and Margaret his wife , were indicted for stealing one silk purse, val. 1 s. one piece of silver, val. 6 d. and 3 guineas, the goods and money of Francis Reisig , from Catherine the wife of the said Francis , privately from her person , April 1 . *
The prosecutrix being a French woman , and not understanding English, an Interpreter was sworn.
Catherine Reisig . On the 1st of April, between eleven and twelve o'clock, I lost my purse out of my pocket, with three new guineas, and a piece of silver belonging to a seal; I observed the two prisoners to be very near me: the man stood before, and the woman sometimes before and sometimes behind, but did not know that they had taken any thing from me, Some time afterwards there was an advertisement in the papers, describing the purse, and the persons that took it, then I applied to Mr. Lediard.
Q. Where was it you lost your purse?
Reisig. In the passage going into Warwick-street chappel.
Q. Was there a great croud at your going into the chappel?
Reisig. I cannot remember, but don't think there was at that time.
Q. How soon was it that you missed your purse?
Reisig. I did not observe that I had lost it till Monday morning.
Q. Was it lost on Sunday?
Reisig. Yes, between eleven and twelve o'clock.
Q. Did not you go into the chapel that day ?
Reisig. No, I did not go in that Sunday.
Q. What place was you going to when you went into the passage?
Q. What became of you after 11 that day?
Reisig. I only call'd into one house, and did not stay there, but went directly home.
Q. Did you ever see your purse or piece of silver since ?
Reisig. No, I never saw it since.
Q. Are you sure you had it when you was at the chapel ?
Reisig. Yes, I had.
Q. Did you see it after you came out of the chapel ?
Reisig. No, I did not feel for it.
Joseph Massey Wright . The first of my knowledge of Carbery Hailey, and his wife, was the beginning of March. I continued my acquaintance for some time, before we went to Warwick-street chapel, the 11th of March was the first time I went with her and her husband, we went there, in order for us three, and one Susan Mason and Mary Perry , who are not here, to pick some ladies pockets: from thence we went to St. George Hanover-Square; and on Sunday the 1st of April in the morning, between eleven and twelve o'clock, we went to Warwick-street chapel, and I saw the prisoner Margaret Hailey take the purse out of the prosecutrix's pocket, it was a green silk purse with a brass clasp, there was in it three new guineas, with a socket part of a silver seal with a coat of arms on it, and the shank was broke off. The other prisoner stood facing the lady.
Q. When was it you gave information of these pick-pockets ?
Wright. When I was detected at Vauxhall.
Q. Did you give it voluntarily, or was you taken up first?
Wright. I was taken up first.
Q. How many did you make information of?
Wright. About seventeen or eighteen.
Q. How can you tell what time of the day it was when this robbery was committed?
Wright. We never used to go there till eleven and finish at twelve, and then away to St. George Hanover-square ?
Q. Did not you yourself, before the justice of peace, while the lady was there, name the time and hour the fact was committed?
Wright. No, I did not.
Q. What became of these things?
Wright. The three guineas was sent down to help one Perry out of Aylesbury goal.
I have nothing to say, I know no more of it than the child unborn.
I never saw Wright before in my life, except when I saw him before the justice in women's cloaths.
For the prisoners.
Edmund Brewer . I have known Carbery Haily two years; his general character is that of a very worthy honest man, he and his wife lodged with me six or seven months, and I never heard any ill of him or his wife in all my days.
Mr. Lyons. I am a watch-maker, I have known them six or seven months and never knew any harm of them.
John Dailey . I have known Carbery Hailey between three and four years; his character is always that of an honest man; he used to sell stockings, rib bons, and such sort of things; I have bought of him, and take him to be very honest, and his wife the same.
Thomas Sheppard . I have known Carbery Hailey three or four years, I know his wife; he and she used to sell stockings and such things in the country, his character is a very good one, I never heard any harm of him in my life, and therefore was surprized when he was taken up.
Vinefred Shields. I have known Carbery Hailey five or six years, and never knew any thing but what was very honest till this time.
Q. Did you know were he was in April last?
Vinefred Shields. I was with him one day and one night in April last.
Vinefred Shield. The day we call Patrick's-day.
354. (M.) John Westerman , was indicted for stealing two linnen shirts, value 4 s. two silk handkerchiefs, value 2 s. one cotton handkerchief, val. 6 d. a gold ring, val. 4 s. and one linnen cap, val. 2 d. the goods of Francis Smith , June 26 . No prosecutor appearing he was acquitted . +
355, 356. (L.) Thomas Boy , was indicted for that he on the 6th of May , about two in the afternoon, the dwelling-house, of Lawrence Mackduff , did break and enter, no person being in the said house, and two silver castors, value four pounds, the goods of the said Lawrence, in the said dwelling-house, did steal, take, and carry away ; and Margaret Hewett was indicted as being an accessary in moving the said prisoner to commit the said felony, and endeavouring to conceal the same . ++
Lawrence Mackduff . I live in Prujen's-Court in the Old Bailey ; on the 6th of May I miss'd two silver castors taken from out of the work shop; (I work in silver and French plate ,) I advertized them on the fourteenth, eighteenth, and twenty first of May; I heard nothing of them, but about three weeks after that I heard that the prisoner at the bar was seen on the top of my house; I then thought he must be the person that took the castors away; I then sent a person to the prisoner, (he lives with his father in the same court,) to desire him if he knew any thing of these castors, he said if I would admit him an evidence he would confess the whole fact; I then went to him myself, and told him if he would let me know where the castor were, I would do every thing in my power, to serve him ; and as far as in my power lay I would try to get him admitted an evidence; upon which the prisoner told me that one Margaret Hewett , (which is a servant maid next door to me,) and another old woman told him, there was two silver castors in my shop, and that if he would go into my shop window he might find them and bring them down, which he said he did, and after he had taken them, he said he brought them down to them, and they desired him to keep them for some time till it was all over, and they would find a way to dispose of them; he said he kept them about eight days, and afterwards gave them to the old woman and the prisoner at the bar; he said he believed they went to pawn them, and that if I would give him leave, he would go to a place where we might hear of them; I sent two men with him, they went to a pawnbrokers in Black-Fryers, whose name is Rothbart, and asked if any castors was there, and there we found this one: (He produces it,) the other was brought to me by a silver-smith that lives in New street. (The silversmith produced it, and said it was brought by a woman who said her son picked it up in Bell Savage gateway ) She brought it to him to sell, and he stopped it.
Both Acquitted .
John Bradshaw I live with Mr. Peter Smith , who keeps a Hatter's-shop the corner of Lloyd's coffee-house in Lombard street , the same entry that leads into the shop, leads into the coffee-house; on the 22d of June, about nine in the evening, I had been casting up my cash, and some way or other I dropped the key of my till ; I took the candle from off the counter and stooped down to look for it, but could not find it; I then desired the boy who stood on the other side of the counter to look on his side, he did so, and we both looked together; while we were looking I heard a man with his feet padding in the passage, as though he was going into the coffee-house but stopped; I stedfastly look'd as I was behind the counter ; I saw the prisoner go out with his coat unbuttoned and shuffling under it ; just as he came over right me he dropped a plain hat from under his arm, he had never a one on; says the boy to me, sir, that boy has got a hat, are you sure of it says I, yes says he, I saw it under his coat, says I run after him, and stop thief; the boy ran and the prisoner made into Change alley, and the boy after him, calling out stop thief, he followed him into the alley, and
Richard Thrum . On the 22d of June, about 9 o'clock at night, as Mr. Bradshaw was settling his cash, I observ'd the prisoner come into the passage, I believe he did not go quite to the coffee-house, then he went out again, then he came in again, and as he came up the last time I turn'd my head, and the hat which was upon the counter but a little time before he came in, was gone, and he had got it shuffling it under his coat, and I saw him drop his own hat, and he kept the lac'd one; I saw a hit of it as he was putting it under his coat. I told Mr. Bradshaw of it, and directly as soon as the prisoner heard me tell Mr. Bradshaw, he ran away, Mr. Bradshaw desir'd me to run after him, I did, and lost sight of him at every corner I came to, but I cried stop thief! and he was taken.
George Milward . I was standing talking in 'Change-alley, and saw the prisoner come running with a gold lac'd hat swinging in his hand. I saw him take it from under his coat, and heard the little boy cry stop thief ! I went to stop him and he threw the hat down, I pick'd it up and gave it to the little boy, and he gave it to a man to carry it to the shop
William Pointer . As I was coming through 'Change-alley, on the 22d of June, about nine at night, I heard somebody cry stop thief! I saw a person coming without ever a hat, and a little boy pursued him; I took him just by Garraway's coffee-house, and he dropp'd a gold lac'd hat from out of his coat ; I took the hat and the prisoner over to Mr. Smith's, he said it was his, and I told him I saw it drop from the prisoner.
I am sensible my lord none of them can say they saw me take it; there was an out-cry of stop thief! and I got among the croud, so they took hold of me, and said, I stole the hat.
For the Prisoner.
Mr. Carrell. I have known the prisoner 3 years, and never knew any harm of him in my life.
James Horniblow . The prisoner and I had been drinking, and as we was coming home down Bread-street, there stood two drays, just facing the Magpye-and-Horshoe ; there were Rowland Harper , and I, in company together, and Rowland's wife. we walk'd forwards; Harper staid behind, presently he came after us with a bundle of ropes, I desir'd him to take them back again, for they would do him no good; he then laid them down between Rowland and I, and Rowland took hold on him; then Harper curs'd me, and said, he would not go and carry them back, but would go and fetch the rest; so he went back and fetch'd another bundle, and two halters or bridles. (I think they call them) then I took one bundle, and Harper took the other bundle and the halters, and we carry'd them to Rowland's house, when we had got them there, Rowland push'd them into a closet under the dresser; some time after that, he was afraid they would be found, so he put them in a sack and buried them in some dirt under a pair of stairs in the entry.
Q. Did you go out that day in order to steal?
Horniblow. No, we had been drinking, and was coming home.
Q. Had you no intention of robbing when you went out?
Horniblow. No, we had not that day.
Q. What became of these ropes afterwards?
Horniblow. I gave information where they were
Q. from the prisoner. Was I in your company any time that day?
Horniblow. Yes, he was in our company.
Robert Middleton . I drive drays for Mr. Shewen and Whitebread. I drove the dray at that time, which was on the 23d of April, the ropes were taken away about 9 at night. (They were produc'd in court).
Daniel Maddox . I am constable. I had a warrant brought to me on the 3d of June to search Rowland's house for some coach seats, we had search'd two rooms, and in searching under the stairs there were these ropes and halters; they were brought into the room, and he was ask'd if he knew any thing of them, he said he did not nor how they came there. I did not take the ropes away that day, but took the prisoner before justice Lediard. After he was gone to Bridewell, I fetch'd the ropes, and had them carry'd to my house, and they have been there from that time to this.
I never was in Horniblow's company that day that he says I was.
For the Prisoner.
Q. What is his general character?
Buckmaster. He always bore a very good on so far as I know; I have known him about 6 years.
John Mace . I keep a snuff-shop , in Marybone-street . On the 30th of May last. I was out of town, and when I came home my wife told me she had had two men in the shop that had stole a guinea; I enquir'd after the prisoner at the bar, and the other man that came in with him, to know their names and places of abode, I enquir'd at several places, at last my wife said, she heard the prisoner went by the name of Dragon, and I enquir'd of several people that knew him, but they knew not where he liv'd, but we found the man that was with him and took him up, he said, he knew nothing of it. On the 4th of June we took up the prisoner and carry'd him before the justice, he talk'd in French, and the justice's boy was his interpreter, he said the prisoner confess'd he had the guinea, but took it out of a mistake.
Q. How long was this after you lost it?
Mace. I lost it on the 30th of May, and this was on the 4th June.
Q. Was there any confession taken?
Mace. I cannot say, the prisoner sent several times to offer me the guinea ; and there is a gentleman now in court I believe, that came from the prisoner to my wife, and said, I had better give him 20 guineas and let him go, for he would not be in my coat for 100 l.
Q. from the prisoner. Did not you take up another person and swear against him for defrauding you of this guinea?
Mace. We took up another man first, but afterwards with his information we took up the prisoner, and on his confession we discharg'd the other.
Jane Mace . The prisoner and another man came into our shop on the 30th of May, and ask'd for a pound of tobacco. I weigh'd it, and he threw down a guinea and desir'd change, I took it up and look'd at it on the other side of the counter, and he stood about the middle ; then I laid it down by me, thinking I had change in my pocket, I had not enough, but went into the back room, and brought him change, and put it down on the counter, (he had folded up the tobacco and was putting it into his pocket just as I came out of the back room ) I never saw the guinea afterwards, there was a woman in the shop that came for a pennyworth of snuff, I did not look for the guinea her fact, the two men went out and the guinea was go.
Q. Are you sure you did not put the guinea in your pocket ?
Mace. I am sure I did not.
Q. How long was it before you must it?
Q. Did you sweep the shop, it might have dropt down ?
Mace. No, I am very sensible that it was far enough on the counter that it could not fall.
Q. Where was the prisoner then?
Mace. He was at a distance off ; when we was before the justice, the interpreter told me he confess'd he took the guinea, and his companion said he had it.
Q. Who was that companion?
Mace. I know nothing at all of him.
Q. Who was this interpreter?
Mace. The justice's boy. The prisoner sent the interpreter that is here, whose name is Delaport, to me, and said, we had better go and give the prisoner 20 guineas and let him go about his business.
Mrs. Trevill. I went into the shop for snuff, and saw the prisoner, after he had handled the tobacco, throw down a guinea, and ask'd for change; th e gentlewoman took the guinea and look'd at it, and the man that was with the prisoner said I believe it is good, she said it was. She had not silver enough in her pocket, so she left the guinea, and went in to get change. While she was gone the prisoner at the bar put his hand over and took the guinea, and then he laid it down again near the other person that was with him, who looked at it, but I did not see him lay it down, nor take it away, for I never saw the guinea afterwards.
Q. Then you saw the guinea in the other man's hand after it was in the prisoner's ?
Trevill. Yes, I did, but did not see him lay it down again, nor take it away. When the prisoner was before the justice, the interpreter said that this man took the guinea.
Q. Are you sure he said this man, or the other man took it?
Trevill. No, he said it was this man, for he repeated it in English.
362. (L.) Esther Taylor , was indicted for stealing one linnen shirt, val. 5 s. one towel, val. 12 d. and one pair of silver studs. val. 6 s. the goods of Peter Richards , three aprons, val. 2 s. and one towel , the goods of John Patrick , July 14 . ++
Peter Richards . I live in Love-lane, St. Mary Hill, the prisoner was my washer-woman , I miss'd the things at different times, and last Saturday morning I charged her with taking them, which she owned, and confessed where she had pawned them. We went and found the linnen at one Mr. Brook's a pawnbroker, (the linnen produced in court and depos'd to) and when we charged her with the studs she put them out of her mouth.
Anne Graves . I went to the pawnbroker's, where she confessed she carried the aprons, and I found one apron and a towel, the studs were found upon her, she dropt them out of her mouth, one into my hand, and one into the boy's hand.
Ann Revell . I am a servant to Mr. Richards, the prisoner used to wash for him, and almost every time she came to wash we missed things: the last time she came to wash we missed a shirt, and on the Saturday after she came and took the studs; she confessed it last Saturday, and the studs were in her mouth.
I know nothing of it.
For the Prisoner.
Mary Cole . I have known the prisoner about 5 or 6 years, she has been a chair-woman for me, and never wrong'd me: I have left her in my house with all the drawers open, and she never wrong'd me of any thing in her life; she always bore the character of a very pains-taking woman.
David Paul . I live joining to the Swan brewhouse gate, White-chape l, I am a taylor by trade, but my wife keeps an earthen ware and china shop , which she has kept about eight years. On the 23d of April , 1751, the watchman called me up between one and two o'clock, and when I came down the shutters were all broke to pieces, one pane of glass was broke, and one shutter lay in the middle of the channel, I shut the shop up myself, and am sure it was shut up fast. The bolt and keys were so the next morning. I missed the things mentioned in the indictment, (he produces a Bow china tea-pot ) and this tea-pot was one that I lost at that time. There was a woman came and gave information, whom I stopp'd and carried before Sir Samuel Gower , I cannot swear that the prisoner did it.
Q. How large was the pane of glass that was broke?
Paul. I believe it would let me in.
Q. from the prisoner. Do you know any thing of me?
Paul. No, I know nothing of him, but I believe he is the man by circumstances.
Elizabeth Hall. I have known the prisoner at the bar these two years.
Q. Did you know Hatton and Hall?
Q. Did you know any thing of the china ?
Hall. Yes, Hatten, Hall, and Jones brought a bag, like a coal sack, with earthen ware and china in it, in April, 1751, they brought the goods to one Mrs. Titchbourne's in the Back Lane.
Q. What were the particular things ?
Hall. There was five earthen fish plates, two brown stone plates, and a great many tea cups and saucers, and a great many broke.
Q. When they brought these things to this place, how did they say they came by them?
Hall. George Hall said he broke open a house in White-chapel, the prisoner at the bar gave me six-pence to carry the china to one Mrs. Roach's in Gravel-Lane, Bishopsgate-street.
Q. Did the prisoner say where he had them?
Hall. No, he said nothing to me where he had them.
Q. Was the prisoner there when Hall said he broke open the house in White-chapel?
Hall. Yes, he was, they were all three together.
Q. How did they say they got into the house?
Hall. They said they broke the window shutter.
Q. Do you know any thing of that tea-pot.
Hall. Yes, this tea pot had never a lid when they brought it.
Q. How do you know this is the pot?
Q. from the prisoner to Hall. Did I ever give you any money?
Hall. He himself gave it me, it was a crooked six-pence, before he gave me things to carry.
Sarah Merrit . I knew Hatton and Hall, and the prisoner at the bar, I have known them four or five years; but the other two I knew but about two or three months by seeing them about the place where they liv'd.
Q. How long ago is that?
Merrit. I don't know, I think, as near as I can guess, last April was two years, I saw them both in company together, and the prisoner with them.
Q. Upon what occasion did you see them all three?
Merrit. They were in a publick house drinking when I came in, and asked me to sit down and drink: We had not been long there before David Jones came in, they asked him if he had been picking pockets; he said, d - n your blood, yes. Then I heard them make a bargain to go out together, and Elizabeth Hall asked me to lay with her, which I did; about two or three in the morning somebody knock'd at the door, there were David Jones , Hatton and Hall, Jones had got the bag with the china in it, and Hall had got a bag of pumps. In the morning, as soon as ever we were up, they asked me and Elizabeth Hall to carry them into Gravel Lane, Hall ask'd if I would go, I said I could carry nothing on my head, so I got a person to carry for me, and went with them. Jones went for Minous and Scampy, two Jews, with whom they bargained to sell these things, I heard George Hall say, he asked twenty-seven shillings, and Scampy and Minous bid them but twenty-three, so they could not agree: Then they carried the things into Rag-Fair, where they heard that thisJames Brabrook to come and take them up.
Abraham Miers . I knew Hatton, Hall, and the prisoner at the bar; I have known the prisoner about 14 years, and Hatton and Hall about two years and a half: the china was brought to one Mrs. Roach's house to be sold to me and the Jews, they ask'd thirty-six shillings, and there was 22 bid, they parted for a crown, but don't know what became of them afterwards, this was about two years ago last April.
Q. Did you hear Jones, Hall and Hatton say from whence they had these goods.
Miers. No, I never asked them where they had them.
Robert Finlason . I keep the sign of the Gun at the Hermitage ; on the 23d of June, I was informed the prisoners had been at my store cellar; they are both coopers , and the shop that they work in is over my cellar, we then examined to see which way they came down, and between the joist in one corner of the cellar, there was a board came up; by that we imagined they got down into the cellar, for the rest of the boards was all dirty and covered with cobwebs; I was advised to put two men in the cellar; I did, and believe the man that advised me to put them in, told them of it; I then went to the cooper's and told him of it, he said go and get a warrant and take them up, I did, and took up five of them, there were none but the prisoners committed; a young man came to me on the Monday and said he work'd servant with them two men in that shop over my cellar, and that he had seen them go three times into my cellar and draw beer, by taking the flooring boards up; he said they took a two gallon cag into the cellar. (He produces an information made before witness, and signed by him, which was read, the purpose of which was: that he saw the prisoner Sackwell, take up the boards of the floor, and go into the cellar; and William Hatton gave him a two gallon wooden case and a stone bottle, which they filled; that then Sackwell came up into the shop and fastened the bolt, that he had some of the beer; and that about a week afterwards he saw the said prisoner go down again, and do as he did before ; but that he never drank any of that, but that it was carried out of the shop, but where he could not tell; he likewise says; they committed the third offence, and at the same time took to the amount of nine gallons. Sworn before Sir Samuel Gower .)
Samuel Sprigs . I went to gauge the beer, there were eight butts spoil'd and drawn out in the prosecutor's store cellar: I stopped the butts when they were put down myself, and left all good, and when I gauged them, in eight butts there was 114 gallons deficient.
Q. Did none of these butts leak?
Sprigs. No, none of them could.
Q. from the prisoner. Was the boards loose?
Sprigs. Yes, the boards up in one corner would come up with your hand, and the cobwebs were all off from them, and any two might get between the joisters.
'Tis an easy matter for any man to get into the shop before we could come in, and my master was generally in before five to open the shop himself, and when we come there, he is commonly in the shop at work.
Q. Do you know any thing of the other prisoner?
Forrest. No, only I have heard his character from his master, which was a very good one.
Samuel Newby . I have known the prisoner about eighteen years, my opinion is, that he is a very honest man; he has worked for a father of mine seven years, and has taken money for him, and never wronged him in his life; I believe him to be an entire honest man.
Turbavil Vainwright. I have known the prisoner these seven years, and never knew any harm of him.
Both acquitted .
William Reeves , July 15 . ++ Guilty .
369. (M.) John Forrest , was indicted for that he on the 2d day of October, 1742 , did marry one Mary Cook , widow , and that the said John Forrest , on the 29th day of April last did marry one Elizabeth Middleton , his former wife being then living . ++.
Q. Now before the justice was he not ask'd whether he was married, and the name of his first wife mention'd?
Owen. Yes, she was present, and he own'd her, but said he thought she had been dead.
Ann Owen . I saw the prisoner before justice Fielding, and there I saw a person that said, she was his wife, she was drest in a yellow gown, and the prisoner said, Molley, are you alive yet, I heard you was dead. I did not hear her name; he said, he heard she was gone to live with another man, and that he thought she was dead, for he had not seen her for 3 years.
Q. Have you seen that woman to day?
Owen. Yes, I drank part of a pint of beer with her, and I am sure she is the same woman I saw before justice Fielding.
Q. When he was charg'd did he deny his marriage ?
Owen. No, he spoke as civil to her as a man could speak, and said before a great many in the room, that, she was his lawful wife, and he would not deny it.
Q. Do you know what her maiden name was?
Owen. No, I did not.
John Vermon . A warrant was granted against the prisoner, and he was taken up on Monday last, and when he was brought into the justice's he turn'd himself about and ask'd what he was brought there for, I said for marrying two wives, he said where are they, I said they are both here, then Mary Cook and the other came into the room; Mary Cook said, I am here, well, say he, I thought you had been dead, or I heard you had been dead, no, says she, you see I am alive; says he, so I do, you are my lawful wife, I shall not deny it. The justice ask'd whether the accusation was true, he said, he was married to them both, to one eleven years ago, and to the other in last April; then the justice ask'd him whether he knew any difference in the ceremony, he said, he beliv'd them to be much a-like; then the justice ask'd him which wife he lik'd best, he said, he lik'd the last best, and should like to live with her; when his mittimus was made he desir'd I would intercede to make it up for him, I told him as he acquies'd in the felony, I could not make it up, but he must submit to.
I did own her to be sure, but she has absconded herself from me for four years. I had a very good account that she was dead, but I have heard since that she was married to another man, that goes by the names of Staves, and lives at Deptford. It was easy for her to write to me, for I have been upon the same spot ever since; and I did not know where to send to her, so that last April I was married again. Guilty .
Ann Rawlins . I live at the Grey-hound-inn, in Smithfield; I saw the prisoner come into the house of Mr. Belchamber, and steal the great coat out of a place where they hung them, he drew it out of a hole that is made to give light, and he brought it out under his arm, I call'd to Benjamin Totham , to take him, and he took him with the great coat under his arm. (The coat produc'd in court, and depos'd to.)
Q. Look at the coat and see who it belongs to.
I have a brother that came from Leicester last Tuesday was fortnight, and on Thursday he went down again, but he did not expect to go so soon; he told me he had left a great coat behind him upon the paved stones, I enquired at the King's-head, but they could give me no information of it, then I went to this house, in at the back way, I saw a coat hang out of a hole, there was nobody but the maid, and a woman in the gallary, I took it out, thinking it was my brother-in-law's coat, the man stood at the door, and ask'd where I was going with the coat, I said no where; then he swore a great oath, and said, I should stay till his master came home, which I did.
Q. to Totham. Are you servant there?
Totham. I am chamberlain and have been so for a great many years.
For the prisoner.
371. (L.) John Rogers was indicted for stealing, in company with one Robert Simpson , 2 sacks, val. 20 d. the goods of John Poet , and eight bushels of oats , the goods of persons unknown, March 7 , ++ Acquitted .
The trials being ended, the court proceeded to give judgment as follows:
Received Sentence of Death 8.
Transportation for 7 Years 24.
Mary Fish , Philip Riley , Richard Glover, Thomas Smith , John Wiggins, John Jarvis, Richard Lightfoot , Thomas Richardson , Edward Harding , John Holstop , Daniel Putten , Thomas Miller , William Owens , John Beverly, John Cooley , Thomas Johnson, William Milliner , Ann Forrister , James Toft , James Narder , Samuel Barnfather , Sarah Standwich , Sarah Gaiver, and Carbery Hailey.
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THE APPARATUS: Or, An INTRODUCTION to the ART of BRACHYGRAPHY.
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