Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1754.
Kings Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Honourable THOMAS RAWLINSON , Esq; Lord Mayor of the City of London, the Honourable Baron CLIVE *, the Honourable Baron LEGGE +, WILLIAM MORETON , Esq; Recorder ++. and others of his Majesty's Justices of Oyer and Terminer for the said City, and County.
N. B. The * + ++ direct to the Judge by whom the Prisoner was tried. L. M. by what Jury.
229. (L.) James Lapham was indicted for breaking the dwelling-house of Joseph Weight on the 18th of March , about seven at night, and stealing ten silk handkerchiefs, value 27 s. and seven pair of horsehair, glove-tops, value 20 d. the goods of the said Joseph. ++
Joseph Weight . I live in Fleet-street ; on the 18th of March I was sitting in a room behind my shop, about seven at night a man came and said a boy had stole some handkerchiefs, he had the prisoner in his hand; we searched him, and found seven pair of horsehair glove-tops, and four silk handkerchiefs in his bosom, and two in his breeches behind, the other four were dropped on the ground where he was laid hold on; [ produced in court and depos'd to.] I took him before my Lord-Mayor, and he was committed.
Henry Atterbury . I was coming down Fleet-street at that time and saw the prisoner standing at the prosecutor's window; before I got to the door I heard the glass break; I saw the boy run away. I went and told Mr. Weight a boy had broke his window; I ran after the boy, and called out, stop him; the prisoner was stopped near the end of Salisbury-Court. I brought him back and some handkerchiefs which were found dropped near him; he put the handkerchiefs in his bosom when I brought him along.
I was walking along and found these handkerchiefs on the ground, and I had no other place to put them in but my bosom and breeches; I am but between ten and eleven years of age.
Acquitted of the burglary, Guilty of felony .
Dorothy Holland . I live just by the prosecutrix; she came to me and said she had lost a guinea and a half in gold, and seven shillings and sixpence in silver. I went to her shop, the prisoner was there; he went out; I said, search him; we called him back so to do, but he said he could not come, and went off.
I ply in Westminster-market; the prosecutrix desired me to open the shop-windows, which I did; after that a person called out basket, I went and earned a penny, and when I returned, she asked me if I had seen the money? I said, I did not.
231. (M.) John Page was indicted for stealing an hundred pounds weight of lead, value 15 s. the property of George Mercer , fixed to a certain coach-house and stable . Feb. 15 * George Mercer . I live near Cavendish-square , and am a mason ; on the 15th of Feb. in the morning I lost some lead off my coach-house and stable; Thomas Webb the watchman had stopped the prisoner with the lead; I compared it with the place it was taken from, and it fitted.
Webb deposed to that of stopping the prisoner, and comparing it with the place from whence it was taken.
The prisoner in his defence said, when the watchman asked him what he had there, he said, he did not know, it was given him.
John Blagrave . On the 5th of April the watchman stopped the prisoner and sent for me about half an hour after four in the morning; I went there, he had got nine pieces of fir, I knew it belonged to me; this was in a field next to the King's-Road, Gray's-Inn; the prisoner was taken before justice Fielding, there he acknowledged he took it away.
James Pryer . I am a watchman; about half an hour after four in the morning, on the 5th of April, I met the prisoner in Gray's-Inn-Lane with the wood on him; I asked him where he was going with it? he said, he could not tell. I stopped him, and sent to Mr. Blagrave, suspecting it to be his; his man came, and carried it back to the place where it was taken from; then we sent for Mr. Blagrave, who owned it.
I hope you will forgive me; I never did so before, nor will again.
Samuel Bartlet . Coming along Cheapside on the 17th of April, I catched the prisoner's hand in my pocket, he had my handkerchief in his hand and dropped it on the ground. [Produced in court and deposed to.]
I was near King-street in Cheapside, the gentleman accused me with picking his pocket of a handkerchief. I never saw it till he picked it up.
235. (L.) William Gunnell was indicted, for that he, on the 9th of March , about the hour of seven in the night, the dwelling-house of William Salkeld did break and enter, and stealing from thence one linnen shirt, value 5 s. one linnen pillowbear, value 12 d. one napkin, value 12 d. the goods of the said William ++.
William Fox . On the 9th of March the prisoner came to Mr. Salkeld's, at the Cross-Keys, in Gracechurch-street , throwed up the sash, and went into the room, and took out one sheet, one pillowbear, and one napkin.
Q. Was the sash fastened down?
Fox. No, it was not. This was near seven o'clock at night.
Q. Why do you say it was the prisoner?
Fox. I took him up the next morning on suspicion, and he confessed it upon being charged with taking the things. He told us, he would go and shew us where he had pawned the sheet; I went with him, and found it; then he took me to the Rosemary-Branch, in Rosemary-Lane, whereWilliam Salkeld , marked with the initial letters of his name] I am chamberlain there.
William Cauthery. I am a servant in the house, I was present with the other witness all the time he has mentioned in finding the goods, and at his confession.
Conner, another servant in the house, deposed to the same.
The prisoner had nothing to say in his defence.
Guilty of felony only .
(L.) He was a second time indicted, for breaking and entering the dwelling-house of William Salkeld, on the 7th of March , about the hour of seven in the evening, and stealing from thence one linnen shirt, value 5 s. the property of William Salkeld , and one pair of leather pumps , the property of William Lawson ++ .
William Fox : When I took up the prisoner he confessed to the whole of the two facts; he owned to this, he opened the door, which was upon the latch, and took the sheet and pumps. I had the sheet again by his direction at the house in Rosemary Lane, [produced in court. ]
Q Did he confess what hour he lifted up the latch ?
Fox. He did not.
Guilty of felony only .
William Braldey . I live in Ivy-Lane, and am a grocer ; on the 8th of March in the morning, my journeyman told me he had missed seven shillings and sixpence, and suspected the prisoner had taken them. I went to a scale-beam maker, and desired him to stamp five shillings in halfpence with a cypher, which he did; I put it in the till in the morning; I missed some; I sent for a constable and took him up and searched him, and found twenty-pence of the halfpence that was marked, and five shillings in halfpence, which he had taken from out of another place, with the paper with the letter G on it, that they came in to me. The prisoner confessed he took them, and that they were my property.
The prisoner had nothing to say in his defence.
John Welch . I was by when the prisoner was married to this woman (pointing to one) in the Fleet, I keep the Bell in Fleet-street; they sent for a pot of beer, and I carried it, and was there at the time of the wedding. I saw the whole of the ceremony performed; they were married by Mr. Zarrant; it was at a place called the New-Chappel.
Q. When was this?
Welch. I think it was May or June last, but I am not positive which.
Q. Did you see the ring put on her finger ?
Welch. I did, and heard the whole.
Q. Do you know any thing of this wedding?
Martha Stowel . I have known the prisoner about a year, he lodged at my house about four months; he and I were married at St. Bride's, Fleet-street, the 20th of Oct. last; then he got what I had and left me, after he had cohabited with me about a fortnight; he took away about six score pounds from me.
Q. Was the ring put on your finger?
Martha Stowel . It was, and I consented to have him as my lawful husband. He confessed a bond and judgment for an hundred pounds in about a fortnight's time, to a person, and my goods were seized upon, and I had a friend who paid the money.
Neal. I remember the prisoner living with the first wife about a fortnight; then he brought several persons and took away all her goods, and put her out of the house.
Jane Rutter . I was by and saw the prisoner and Martha Stowel married at St. Bride's, by a gentleman in a clergyman's habit; I heard the words mentioned by them, that he took her to be his wedded wife, and she her husband; I saw the ring put on her finger, and was there all the time. I saw the bailiffs put into her house after the marriage.
Martha Stowel. I never heard he had a wife before I married him; I had a letter about three days before I married him, the contents were, he
Q Are you a widow ?
Stowel. I am.
I have this to say for myself : This woman that they call my first wife, she gave out that she was not married to me; it was a drunken frolick at Welch's house, and he must be a very bad man to let the last wife be with me two hours in his house before we were married, and have a wedding dinner there, if he knew I had another wife living. This old woman gave it out that she was dead, and Welch told me if I would give him 5 l. I should hear no more of it. I own my selling some of my wife's goods in order to pay Welch for what I had expended in beer. The old woman said after this that if I would go to any remote part of the world with her she would go with me, for she was ashamed to live with me where she was known, she being so old, and myself a young man. This Welch will forswear himself presently, I hope, my Lord, you will not take his part.
For the Prisoner.
Welch. No, my Lord, I never did.
John Ellis . I live in Blue-Cross-Street . On the 23d of this month I was not at home, but when I returned the neighbours had secured the prisoner, and this pier-glass, [produced in court] which before hung in the ground floor in my parlour on the wainscot. It is my property.
Peter Revear . I live next door but one to the prosecutor in Blue-Cross-Street. I saw the prisoner at his door with this glass in her apron. I suspected it was not her property, and asked what she was going to do with it; she then went into his house, and laid it down in the window, upon which I called one of the workmen in the house to her, and going home saw no more of it.
Q. What marks do you know that glass by?
Revear. I know it by the places that were broke off it.
Prosecutor. These pieces were broke off the frame by wrenching it from the wainscot [producing some pieces.]
William Brown . I am a carpenter, and was at work in the house in fixing the goods for the prosecutor, who was just removed to it. Being called by the last evidence I saw the glass lying in the window, and the prisoner standing by the door. I knew that it was just before screwed up to the wainscot. The woman walked off, but was soon brought back.
I went in to get a handful of shavings, but on my going out that evidence asked me what I did with them. I went back and laid them down; he then said, It was this glass that you had. They bid me get away, but after that came and took me back, and said I took the glass. I said I did not, but they hurried me away to the Gatehouse directly.
Q. to Revear. Did you see the glass in her possession ?
Revear. I did, and saw her put it down in the window.
She called Mary Showles , Margaret Shon , Susannah Fox , Roger Dormoot , William Cowley, and Sarah Hughes to her character. The first had known her ten years, the second fifteen, the third twelve, the fourth sixteen, the fifth between four and five, and the last eighteen, who all gave her the character of an honest woman.
Guilty 10 d.
239. (M.) Elizabeth wife of Thomas Croshew was indicted for stealing one camblet gown, val. 8 s. one quilted petticoat, two linen aprons, two silk and cotton handkerchiefs , the goods of Ann Parks , spinster , April 2 + .
Ann Parks . I lived with Mr. Hawkins in Wardour-Street . The things mentioned in the indictment were taken out of my box in a garret, but I don't know by whom, or when; when I missed them, on the 2d of April, the prisoner's husband worked for my master. I found the things at a pawnbroker's in Bow-Street. Having a suspicion of the prisoner, she was taken up and had to the pawnbroker's, who said he had them of her.
Henry Hawkins . The prosecutrix lived servant with a son of mine. She was paid her wages, and going away missed her things; the prisoner was at our house, and I charged her with taking them. She denied it, and said she would go to all
John Melvell . I am an apprentice to Mr. Pain in Bow-Street, a pawnbroker. I took in the things of the prisoner at the bar on the 3d of April, and lent her half a guinea on them. Produced in court and deposed to, a gown, a quilted petticoat, two linen aprons, and one silk and cotton handkerchief.
I had them of another young woman to pawn. I did not know they were stolen. She is gone away since I have been taken up.
240. (M.) Hugh Pugh , otherwise Henry Hawkins , was indicted for stealing one tenant saw, val. 2 s. the property of Jos Plat ; eight planes, val. 2 s. and one oil-stone, val. 2 s. the property of Henry Hunt , March 16.*.
The tools were taken out of a house building in Lincoln's-Inn-Fields , betwixt Saturday night the 16th of March and the Monday morning, when the prosecutors going to work, they were missed. The prisoner being taken up for stealing two violins, and in goal, he confessed he had taken the tools mentioned, and pawned them to Mr. Singleton, where they were found, [produced in court and deposed to by the respective owners.] and Mr. Singleton deposed he took them in of the prisoner.
There was another indictment against him for stealing two violins; but that being laid for single felony only be was not tried on it.
The prosecutor's wife was coming towards her own door, and saw the prisoner going out of her house; she suspected she had stole something, and asked her what she had got when she was about six yards from the door, and found under her apron a teakettle, which she said was hers, and desired her to go and put it where she had it from, which she did. [Produced in court and deposed to.]
I took it up to ask the price of it.
Guilty 10 d.
242. Mary Lewis , widow , was indicted for stealing one linen quilted petticoat, val. 2 d. three linen shifts, val. 2 d. two pair of lawn ruffles, val. 2 d. two lawn tuckers, val. 2 d. the property of Catharine Kennedy , spinster , March 13 .
The prosecutrix not appearing she was acquitted .
James Holland . I keep a shoemaker's shop , and the prisoner worked with me some time ago. I went out on the 17th of this instant and left my watch hanging in the kitchen. I was sent for and told it was gone, and that there was nobody in the house at the time it was taken but the prisoner. I went to inquire at Mr. Brown's, a pawnbroker on Snow-hill, where I found my watch. The prisoner was taken by one of my men, and I carried him before Justice Bury, where he owned that he stole it from off the nail in the kitchen, and carried it into Field-Lane; that he gave it to another man, who carried it to a pawnbroker whose name is Brown. His man Thomas Slayter , that should have given his evidence, is not here; he has the watch.
John Coombs . I was eating my supper at a publick house last Sunday was se'nnight. Sanders's wife came and beckoned me to the door. I went, and there was the prisoner, who desired I would pawn this watch. I took it and went to Mr. Brown's at the Three Balls, on Snow-Hill; he asked me what I was to have upon it, and I said a guinea; he asked who was the master of it, and I saying it was not mine, he desired me to bring the master of it, and he might have the money. I said I did not know where to find him; the watch was stopped. I came out at the door where the prisoner and his wife were standing. I told them it was stopped, so we went away. I know nothing how he came by it.
I found the watch in the vault, and brought it in in my hand; the old woman that kept his house was drunk.
George Selbey was indicted for stealing sixteen shillings in copper money , the property of Henry Blackbourne , March 11 . ++ .
John Chadwick . I was with the prisoner and his master, the prosecutor, before Justice Trent. I heard him say there that he spent all the money, which was in halfpence, and gave the bag to a fish-woman
The prosecutor did not appear.
The prisoner had nothing to say in his defence.
245. (M.) Richard West was indicted for stealing one gunpowder flask mounted with silver, val 20 s. one spring saw, one glass mug, one drinking glass, one gardener's apron, one tinder-box, one trowel, and two iron keys , the goods of John Hays , December 13 . + .
John Hays . I live in James-Street, in St. Margaret's parish, Westminster . I have a little garden at a small Distance from my house, with a little greenhouse in it, out of which were taken the things mentioned in the indictment, and several other things, but I only laid those in the indictment which were found in the prisoner's room. [Produced in court and deposed to.]
Q. When did you see them last there?
Hays. I saw them December the 12th, and missed them the 13th.
One John Putlock , a gentleman's coachman, came to me on the 4th of December, with two other men, and brought these goods to sell. I told them I had no money, but should soon receive my pension money at Chelsea College.
For the Prisoner.
Joseph Borroughs . On Christmas eve last the prisoner came and asked me to walk with him to Chelsea to his usurer whose name is Cammel. I went with him, and we had two pints of beer. Coming back I asked him if he had received his money, and he pulled out five or six guineas. When we came to his house his wife was a little disguised in liquor, and they began to quarrel. Presently after that a gentleman's servant knocked at the door, (I had seen him before at the Red-Cross in Tothil-Street) and said, Dick, I have brought the things. He had a looking-glass in a cloth in his hand, and there were two men with him, one of whom had a bed, and the other had the other things in a case. I saw the prisoner give the gentleman's servant 5 l. 10 s. for them.
Q. What is the prisoner's business?
Borroughs. I never knew him trade in any thing before; but he told me that he was going to take a larger house, and he wanted these goods to furnish it.
246. (M.) Mary Mayne , spinster , was indicted for stealing one pair of silver buckles set with chrystal stones, val. 25 s. two cambrick aprons with laced borders, val. 4 s. eight China cups and eight China saucers, val. 7 s. two fans, val. 2 s. three pair of thread stockings, val. 3 s. one pair of white silk stockings, val. 3 s. four silk handkerchiefs, val. 4 s. two cambrick caps laced, val. 3 s. one pair of cotton mittens, val. 6 d. one pair of silk mussatees, val. 1 s. one quarter of a yard of silver lace, val. 1 s. four yards of ribbon, val. 2 s. and three 36 s. pieces, the goods of Charlotte Purshall , spinster , in the dwelling house of the said Charlotte, April 2.*.
Charlotte Purshall . The prisoner was my servant , and had lived with me about six weeks. I missed the things mentioned in the indictment, and suspecting her we had a constable fetcht, and searched her trunk, where we found them. [Produced in court and deposed to. ]
Elizabeth Gray . I recommended the prisoner to the prosecutrix as a servant. The prosecutrix complained to me after she was there that she had lost several things and suspected her honesty. On the last of March I went there again, and was by when the prisoner's trunk was searched, and saw the things produced taken out. I heard the prisoner own that the three 36 s. pieces were the property of her mistress, that she had taken them and left them with Mrs. Camm in order to buy her a capuchin.
Q. How did she say she took them?
Gray. She said they tumbled out of her mistress's pocket in a paper, that she took them up, and taking them out of the paper, delivered that again to her mistress.
The money was not my lady's; and as to these other things they were put into my box.
For the Prisoner.
Joseph Wells . I live in Clerkenwell parish; I have known the prisoner seven years, she lived with me two years, and left me about three quarters of a year ago; I would have trusted her with untold gold. She behaved exceedingly well as a servant.
Elizabeth Wells. his wife, deposed the same.
Guilty , Death .
Ann Booth . My husband's name is Thomas, I live at the corner of the Old-Bailey-Gate ; the prisoner called at my house the beginning of March; I being busy she staid and assisted me in making-up my work, and staid at my house all that and the next night; I got up and went out on business, and left her to take care of the things and my house, and when I returned I missed the bed-gown and her; I heard she was in Newtoner's Lane; I went there and took her and charged her with taking the gown; she said, she was coming to me, and designed to bring it to me, and was very sorry for what she had done. I took her to an officer, and the next morning to a justice, she owned it there; then she went and asked for it at the pawnbroker's with me, and it was delivered to us; [the bedgown produced in court and deposed to: and the pawnbroker deposed the prisoner brought it there and pledged it. ]
The prosecutrix delivered the bedgown into my hands, and I did pawn it.
Q. to prosecutrix. Did you deliver it to her?
Prosecutrix. No; I did not.
Thomas Eldridge . On the 26th of March I had hung my watch on a brass knob, as usually I did, and was gone out, and when I returned it was missing; I suspected the prisoner, and in the afternoon I took him up; he acknowledged he had taken it, and that it was at Mr. Portal's, a silversmith, near Hungerford-Market; I went there, and described it to the silversmith, and he delivered it to me; [produced in court and deposed to.]
I was very much in liquor; I do not know that I had the watch. A soldier that is in the same regiment with me took it of me, and after that said, he had left it at a silversmith's shop about three or four doors below Hungerford-Market; he has since deserted.
Joseph Cole . I went to Mr. Abbot's at Wapping, to measure a parcel of plank for him; when I came there, I saw a plank that I had measured for Mr. Walker, there was the mark T. A. and our own mark, which we put on planks when we measure them; I particularly remember this plank from the rest we then measured: we had made several impressions on it with a gouge in several places, and having my book about me I saw it answered in every particular. I said, I was positive it was Mr. Walker's; Mr. Abbot said, he bought it of the prisoner at the bar, upon which he was taken up.
Q. to Cole. Where is Mr. Walker?
Cole. He is here; but from among so many he cannot swear to that particular plank.
Q. to Abbot. What did you give for it?
Abbot. I gave a guinea for it.
Cole. That is as much as any man would have given.
A man brought it to me about twelve at noon in a boat, and asked me if I could sell it, and
Marmaduke Watts . The things mentioned in the indictment were taken from out of a two pair of stairs room on the 26th of March. The prisoner was taken and carried before the justice; he acknowledged the taking them, fell on his knees, and begged I would forgive him.
Q. Did he live in your house?
Watts No; he is a stranger to me.
Mary Stakeman . I lodge at Mr. Watts's; I met the prisoner with the things in a bundle coming down stairs; I asked him what he had there, knowing he did not belong to the house? he answered, they did not belong to me. I laid hold of him, but he gave me a shove and ran away with the things; I called out stop him, and ran after him, and he was stopped near Russel-Court. I heard him own he took them.
The prisoner had nothing to say in his defence.
251, 252. (L.) Sarah Bailey and Elizabeth Carter were indicted for stealing one China bason, and seven shillings and fourpence halfpenny in halfpence , the property of Elizabeth Cartwright , widow . ++
Elizabeth Cartwright . I live at the Black Horse in Barbican ; I lost a pint China bason of halfpence and farthings, it was about half an hour after eleven at night. The watchman knocked at the door and ordered me to carry two full pots of beer to a neighbour, I sent them by my girl; she left the door on a jar to let herself in. She came in in about ten minutes, and then I missed the bason and halfpence. I, by enquiring, found the two prisoners had been in my house. I took them up that night on suspicion, and they confessed they took the bason and money, and that there were seven shillings and fourpence halfpenny of it; and they had about them both six shillings and eightpence in halfpence; they said, they had broke the bason in Aldersgate-street and thrown it away.
The prisoners had nothing to say in their defence.
Both Guilty .
254. (L.) John Taylor was indicted, for that he, together with five other persons unknown, on John Lockyer in make an assault, in a publick place near the king's highway, putting him in corporal fear and danger of his life, and stealing from him one hat, value 3 s. his property . April 10 ++.
John Lockyer . I am a shoemaker , and live in Shoe-Lane; coming through the Fleet-Market on the 10th of April, between eleven and twelve at night, there was the prisoner and five or six more together, one of them took my hat off my head.
Q. Who w did that?
John Lockyer . Not the prisoner. I pursued after him that had the hat, and the prisoner and another ran after me; when I was within about twenty yards of the person that had my hat he turned again into the market-house: then the prisoner took hold of me and said, this is he. I was pretty near the Harrow alehouse; there stood a watchman; I called him to my assistance, and we took him and another person (knowing them to be of the company that took my hat) to the watch-house, and they were committed: I do not pretend to say the prisoner was a confederate; I never got my hat again.
For the Prisoner.
Abraham Fowler . I live in Piccadilley, and am an oil and colour man ; I employed the prisoner to carry some parcels out for me. I had put five shillings and sixpence in my till in silver, April 16. in the morning, and when the prisoner was taken
John Fox . The prisoner is a shoe-blacker . He had carried out some parcels for my master to his customers. I had been in the back warehouse, and when I returned into the shop I found the prisoner there with the till in his hand. Looking into it there was some money in it, but I don't know how much. I asked the prisoner what he was about, and he shut the till too, saying he was doing nothing at all. I then insisted on knowing what money he had in his pocket. He said, with all his heart, and pulled out 3 s. 2 d. I sent for my master to come into the shop. He came and said there were 5 s. 6 d. in the till, which he had just put in. He looked at the till, and found 1 s. 6 d. in it, upon which he charged the prisoner with taking 4 s. out.
I did not go nigh the till.
Walter Mitchel . I am a tailor , and was in liquor walking in the street with the shag under my arm. I picked up the prisoner, and lost my shag. I know no more against her than the watchman told me afterwards.
John Huit . I am a watchman in the parish of St. Martin's. On the 19th of March I was calling the hour eleven, and heard a great noise at the Star Inn. There was the prosecutor accusing the people with stealing the shag, and the prisoner was endeavouring to persuade him he had lost it at the house they had been at before; but presently after it dropped from her cloaths. [Produced in court and deposed to.]
Harris Roughton. I am a butcher . On March the 25th I was at home and my lad came and told me that a lad had taken away an ox's head from my shop, and that he had got it again, I can only say the head was my property.
James Purchase. On the 25th of March I was sitting minding my master's shop, and saw the ox's head lying on the stall, but presently missed it, and going behind the shop saw two lads walking up the back of the market, the prisoner being one of them; he had the head in his apron, and I took him. He told me the other was concerned with him, and desired I would run after him; but having no assistance I secured the prisoner only. He afterwards owned that they were both together, and that the other lad took the head and put it into his apron, and he was going to sell it.
I did not take it. The other lad took it and put it into my apron, and I was going away with it, but was taken, and the other ran away.
Margaret Holmes . I am mother to the child. [ She had it in her arms.] On the 28th of March last the prisoner was in my room, and the child was going wriggling about in a strange manner. I asked her what was the matter with her? I thought her petticoats were not tied tight enough, so I tied them tighter; but still she went the same. Then I took her down into the kitchen, and setting her in my lap looked at her, and found her shift was spotted as though a person had spit upon it who had a consumption; she was as raw about the private parts as if she had been skinned. I then sent a porter for my husband, and after that we took her to Mr. Hawkins's, a surgeon in Pallmall. He was not at home, but his servant was. I told him I suspected that the prisoner had used her ill, for he had but the day before confessed he had the foul disease, and also where he got it. It was his opinion the child had the foul disease. After this I went to Mr. Pinkstone in St. Alban's-Street; he examined the child, and said she had been very ill used by some man.
Q. How old is the child?
M. Holmes. She was born Jan. 3, 1750. My husband is a tailor , and so is the prisoner, he worked with us. On going out myself I have left the child for a day together in the prisoner's care, and our house being down through an entry in a very by place, very few people come there.
M. Holmes. She is not. Mr. Pinkstone gave me an unction to anoint her, and ordered me to wash the part with warm milk, which I still continue to do.
Q. Is the surgeon here ?
M. Holmes. No, he is not. He is gone to-day to set a person's leg, I think.
Jane Thomas. I am a midwife. The mother shewed me the child about a fortnight ago, and I never saw a child in such a condition, unless she had been ill used by a man who had forced her. I suppose this child had and has now the foul distemper upon her, though the ointment has done her some good.
Ann Holmes . I am aunt to the child. My sister came to me on the 28th of March, and told me she feared her child had been used ill by some man, and she suspected the prisoner. I went with her to Mr. Hawkins's, whose servant said she had been used ill by some man, and gave us a letter to go with her to the hospital. I saw the child's private parts were as raw as a piece of beef, and her thighs as hard as a stone; she ran like a tap, and her shift was black and yellow with the filth.
I worked with this woman's husband three years. He owed me some money, and I asked him for it the day before I was taken up As to the fact I am innocent of it, and believe myself clear of that distemper now, though I had it about four years ago.
Guilty Death .
259. (M.) Thomas Jenkins was indicted for that he, on the 3d of March about the hour of eight at night, the dwelling house of Samuel Serjeant did break and enter, and did steal out thence three pair of cotton stockings, nine pair of worsted stockings, two silk and cotton handkerchiefs, and two shillings and three halfpence in money numbered , the goods and money of the said Samuel. *.
Samuel Serjeant . I live in Whitechapel parish; the prisoner had been my servant about a month; I am a barber and periwig maker . On the 3d of March I and my wife went out to dinner; the lodgers being all out, I locked the door and made all fast below, but when I returned between 11 and 12 at night found it broke open; a door that goes into the kitchen was wrenched open, and a window shutter that before was nailed up at a back window was pulled off, and the window left open. I missed twelve pair of stockings, two handkerchiefs, and two shillings and three halfpence.
Jonathan Eaton . I am constable. The prosecutor came to me and said he had been robbed, and suspected the prisoner. I went with him and took him into custody; he owned he stole the stockings, and that they were in the room where he lay at Mrs. Mayfield's in Poplar. We went there, and found eight pair. [Produced in court and deposed to.] He begged his master would forgive him.
When I bought the stockings I had nobody with me, so I have no witness to call.
Guilty of felony only .
260. (L.) Silas Dowling was indicted for that he, on the king's highway, on Nathanael Stent did make an assault, putting him in corporal fear, and danger of his life, and taking from him one silver watch, val. 3 l. his property , March 28 ++ .
Nathanael Stent. I am clerk to Mr. Brownless, a merchant, in Fetter-Lane. On the 28th of this month I went to put in an advertisement at Mr. Jenour's, the printer of the Daily Advertiser, near St. Dunstan's Church, Fleet-Street, about half an hour after eight at night. After I had been there I went in at an auction of books in Fleet-Street, and staid there about ten minutes; there I saw the prisoner at the bar, who asked me what it was o'clock, I pulled out my watch and told him it was about half an hour after nine; my watch was then too fast. We came out and walked together, I was going to Lombard-Street to put in letters at the post-office, we there wished each other a good night, and he left me. Having done my business there I went to St. Miles's-Lane to inquire at a coffee-house when the ship Phillis would go to Jamaica, and did not stay there a minute. From thence I came directly homewards, and when I came into Fetter-Lane the prisoner came behind me and struck me, so that I leaned against the wall.
Q. What did he strike you with?
Stent. I can't tell what it was. As he struck me
Q. Had you before told him where you lived?
Stent. No; he asked me how far I was going, and I told him.
Q. Had he any thing in his hand when you were walking together ?
Stent. He had a little switch in his hand, but I do not apprehend the blow was given with that.
Q. Are you sure it was the prisoner ?
Stent. I am; after he struck me he stood before me, holding his hands out towards me, as in a posture of defence.
Q. Was it light or dark?
Stent. It was very dark.
Q. Were there any lamps near you ?
Stent. There were none.
Q. Could you discern his face ?
Stent. I could see him standing before me in the same dress he had on when he walked with me before, and I recollected him then.
Q. Did he say at the time you walked together, where he was going ?
Stent. He said, he was going to Fenchurch-street; after he had got my watch he ran away across Fleetstreet: I called out, stop thief, and followed him, but he ran down Mitre Court, and I lost sight of him.
Q Did you see any watchman ?
Stent. No; I did not. Then I went home, and it was advertised to this purport: [That whereas a young gentleman in a laced hat was assaulted by a fellow, and robbed of his watch; he, by applying to justice Fielding, might hear of it.] As soon as I heard of it I went to justice Fielding, and he examined me; I was ordered to come again, which I did, and then saw the watch; [the watch produced in court by Mr. Hine, and deposed to by the prosecutor.] The prisoner was at this time in custody; he was brought to the justice's house; I knew him to be the man that robbed me.
Q. Can you recollect the exact time you was robbed ?
Stent. I believe it was about ten o'clock.
Prisoner. He said, he would not take upon him to swear to me.
Stent. At first when he was brought in I said, I would not take upon me to swear directly that he was the person; but when I had heard him speak, and seen him a very litle time, I was positive he was the man that robbed me.
Q. Was he brought in amongst others, or singly ?
Stent. He was brought in single.
Q. From the prisoner. How came you to know me when I stood before you in the dark?
Stent. I knew him to be the same person that had been with me before, by his voice and his cloaths.
Q. from the prisoner. Were they the same I have on now?
Stent No; he then had on a sort of a white fustian
William Hine One Richard Nokes told me on the 29th of March, that over night he had been at the Taylor's Arms, in Wych-street, and that a man brought him in a watch, and desired him to pawn it for him.
Q. What is that Nokes?
Court. What about this watch ?
Hine. Nokes said, he had put him off for that night, and ordered him to come again the next morning at eight o'clock. I went along with him in order to apprehend the man; going along we called upon Mr. Norden to take him with us. I said to Nokes, you had better go on, and we will follow you; Nokes described the man and left us: as we were going along we saw Nokes and the prisoner together, going towards the New Church in the Strand; we secured the prisoner, and in searching him there, found this silver watch; he was so terrified that his water came from him. We took him into the Barley-Mow, near justice Fielding's, there he was very uneasy, and desired we would go and sell him or any thing we thought proper, and he would go and sign any thing; justice Fielding not being at home, we carried him before Barwell Smith, there he confessed what sized young man he had robbed of the watch, and that he had a laced hat on. The advertisement was put in the paper according to the description he gave before the justice; he also owned he struck him with a little stick, and that he had seen him before at an auction of books that night, but said nothing of his going with him to the post-office.
William Norden confirmed the account given by Hines, with this addition; that the prisoner said it was the first fact be ever was guilty of.
I never saw the watch 'till Richard Nokes gave it me to hold while he tied up his garter. I have witness to prove where I was when this thing was done, and that was in the Baptist's-Court, in the Old-Bailey, from seven o'clock over-night 'till seven next morning, at a private house, the man's name is Richard Harding .
For the Prisoner.
Q. What are you?
Harding. I am a paviour, and work for Mr. Matthews, in Butcherhall-Lane.
Q. How long did the prisoner stay at your house that night?
Harding. He staid there and slept in a chair all night; when I went out to work next morning he was then asleep; that was at six o'clock.
Q. What was his business at your house?
Harding. We were just removed from one room to another; my wife washes for gentlemens servants, and they said they would have a sort of an house-warming; he came in with one we wash for; the prisoner had no business there, but came with the other man who had told him he was going to mother Harding's house, that other man is gone into the country now.
Here the court ordered the evidence's wife out of court while he was examined.
Q. What had you to drink?
Harding. Beer; about twelve or thirteen full-pots.
Q. How many were there of you?
Harding. Five or six.
Q. Was you drunk or sober when you went to bed?
Harding. I cannot say I was very sober, for I never went to bed at all; I only sat down upon it; I did not sleep at all.
Q. How had you your beer ?
Harding. We drank from about half an hour after seven o'clock; in the first place we had half a gallon of beer, and when that was out we had another, and drank successively 'till near four in the morning; we pour'd it out into full pots.
Q. Did all the company stay 'till that time?
Harding. There were three went home; the prisoner and a young woman that was going into a service (and is now at the Red-Cross in Newgate-market, she is a Scotch girl) sat and slept 'till morning.
Q. What are the names of the persons?
Harding. One was a man that lives at the Saracen's-Head, in Friday-street, he went away; the other was a woman, and the third a boy-like person that went away.
Q. Did any body else stay besides the prisoner and the Scotch girl?
Harding. Yes; there was another man staid.
Q. How many rooms have you?
Harding. We have but one; I was all the time in the same room.
Q. What is the young man's name that brought the prisoner to your house?
Harding. I do not know, he was an utter stranger to me.
Court. Consider what you say.
Harding. I am upon my oath, I speak the truth, I came here on purpose.
Q. How often has your wife washed for that man that brought him?
Harding. About twice.
Q. How was the prisoner dressed?
Harding. He had on a fustian frock, I believe with mohair buttons on it of the same colour.
Q. Of what colour was the frock?
Harding. It was of a lightish brown or drab colour.
Q. Had it a cape ?
Harding. I believe it had.
Q. How long have you lived in that place?
Harding. I have lived there about three quarters of a year.
Q. to Stent. What cloaths had the prisoner on when he walked with you?
Stent. It was a white fustian, a little dirtyish, I think it was trimmed with black.
Q. Had it a cape?
Stent. I think it had.
Q. to Hines. What cloaths had the prisoner on when you took him?
Hines. He had on a fustian frock that had been
Q. Was there a cape to it?
Hines. I cannot swear whether there was or not.
Q to Harding. Was your wife with you all the time?
Harding. She was, excepting the time she fetched a pot or two of beer
Q Who fetched the rest of the beer ?
Harding. No body fetched any but my wife.
Q. Had you seen him before?
Jane Harding. Not to my knowledge; he came between seven and eight o'clock in the evening, and staid 'till seven in the morning; there were also three other acquaintances I wash for.
Q. Had you any liquor?
Q. Who did the prisoner come with?
Q. How came they to stay all night?
Q. Who came first, the other company or the prisoner and young woman?
Q. Were they quite sober?
Q. Who fetched the beer?
Q. Was that all you had?
Q. Had you no more?
Q. How much beer might you have in all?
Q. Did no body go to bed in the room?
Q. At what hour did the young woman go away ?
Q. How many were there of you in company?
Q. About what time did they go away?
Q. What is the name of that woman that staid ?
Q. How long had you washed for her?
Q. How often might you have washed for her in that time?
Q Were you all sober ?
Q. What cloaths had the prisoner on that night?
Q. How often have you seen him since?
Q. Are you sure it was a woman that came with the prisoner?
Q. Was it not a man?
Q. Who did you say fetched the beer?
Q. In what was it fetched?
To his Character.
Q. Is he out of his apprenticeship?
Baynham. No; he is not.
Q. Has he continued with you all the time?
Baynham. No; he left me one Monday night, and gave me no notice of it.
Baynham. I cannot tell; it was the week the robbery was committed, which was on the Saturday.
Q. How old is he?
Baynham I believe he is sixteen or seventeen years of age.
Q. How old was he then?
Curtice. I believe then he was about fourteen years old; I have trusted him in my house several times, and never lost any thing by him. I never heard but that of a good character of him.
John Wingfield . I have known him ever since he was apprentice to Mr. Baynham, and have trusted him frequently at my house, I live next door to his master; I never heard any harm of him, and was he free now, I would trust him again.
Q Have you been in court all the time of this trial, and heard what is sworn against him?
Wingfield. I have, my lord.
Thomas Price . I have known him ever since he was in our ward-school, I live within two doors of it; he used to come with messages backwards and forwards for his master; I never heard any thing to the contrary but that he is a very honest lad.
Ruth Blyer . To the best of my memory I have known him seven or eight years; he has a very good character, and has been trusted to my knowledge with a great deal of money and plate, at a relation's of mine, and at my house too.
Mrs. Tompson. I have known him two years; I never heard but that he was a very honest sober young man.
Guilty , Death .
The court committed Harding and his wife to Newgate for perjury.
When the prisoner was brought to the bar to receive sentence, he declared what those two witnesses had swore on his trial was false, and a cknowledged the committing the fact for which he was cast.
262. (M.) Mary Tompson , widow, was indicted for stealing two linnen sheets, value 4 s. and one blanket, value 12 d. the goods of Alexander Plumton , in a certain lodging-room , let by contract. April 17 ++ .
263, 264. (M.) Mary Clark , spinster , and Rachael Lucas , widow , were indicted, the first for stealing one silver spoon, value 8 s. one gold chain-ring, one gold ring, with a crystal stone, one gold locket, one silver spoon, one fork, with an agate handle, the goods of Robert Barrot , and one silver coral , the property of John Chambers , April 21 . and the second for receiving the gold ring, locket, and fork, part of the said goods , knowing them to have been stolen *.
Robert Barrot . Mary Clark lived servant with me a quarter of a year within two days; I, not liking her behaviour, turned her away on the first of April last, and she went to live with Mr. Powel, at Kensington-Gore.
Q. What are you?
Barrot. I am a publican , and live near St. Martin's Church ; I had not missed those things, but Mr. Powel came and brought the chain, ring, and coral to me, and I then knew them to be mine; they were in my house when Clark lived with me: the coral is not properly mine, but a soldier, named Chambers, left it with me, and I lent him a small matter on it. I took the prisoner up, and she confessed she took them and all the things mentioned in the indictment, and where she had disposed of the gold watch and other things; I took her at the other prisoner's house. I examined Lucas, who told me, she had pawned the gold locket in Denmark-Court, after which the constable and I went to that pawnbroker, and had the locket delivered to us; then by Clark's direction we went to Walter Rochford , a pawnbroker, at the corner of Russel-Court, and had the spoon and a gold ring delivered to us.
Solomon Powel . I am a victualler. Clark came to live with me the Sunday before Easter; about the middle of the week she went out with a pot of beer, and when she returned she said she had picked up this coral and chain ring that hung to it. She gave them into my custody to sell if they were not advertised.
Edward Cuthbert . I am constable. Last Saturday night Mr. Barrot came to me and desired me to go with him in order to take up Mary Clark , which I did. She confessed that Lucas and she had taken all these things from her master Barrot's house, and that Lucas had inticed her to it. The agat-handled fork I found in Lucas's room. [The goods produced in court, and deposed to by the prosecutor.]
I know nothing of Clark's coming away till she brought these things to my house.
Barnaby M'Atee. I have known Clark about three years and a half. I keep a green grocer's shop. She was apprentice to me and served me very honestly. I lived next door to Mr. Barrot all the time.
Elizabeth his wife deposed the same.
Q. Have you known her lately?
Taylor. I have.
Thomas Smith . I have known Lucas seven years. I keep a publick house; she has been frequently in my apartments, and I never suspected her of being a bad woman, or lost any thing by her. I would trust her the same now was she at liberty.
Both Guilty .
265. (M.) Elizabeth wife of John Harwood was indicted for stealing one cotton gown, val. 7 s. the property of Arabella Parker , widow ; one stuff gown, val. 2 s. the property of Ann Shaw , widow , March 16 . + .
Mary Merrit Slipper . I live in Kingsland Road, and am a pawnbroker. I was sitting by my fireside in the kitchen, and hearing a noise turned about and saw an arm reaching cross the counter. My child said, Mamma, mamma, there is a woman reaching two gowns with a long iron fork. I saw a woman go out with something under her arm. I ran to the door and saw the prisoner go in at Mr. Martin's, a publick house next door to me but two. I called her; she went in, and after some time she came to me. I told her she had taken two gowns from me, she said I might search her. We found one of the gowns in Mr. Martin's house of office about a quarter of an hour after this. The other we did not find.
Q. Are you sure you had these gowns in your shop that day?
Slipper. I am sure I had just before I missed them :
John Martin . On the 16th of March the prisoner came into my house, and ran back into the yard. There was nobody in our house but the prisoner and her sister between that time and the finding of the gown.
Q. How long did the prisoner stay when she went into your yard?
Martin. She staid about as long as is common for persons in the necessary house, and the prosecutrix was in my house before she returned. The prisoner was then in the yard.
Q. What is the prisoner?
Martin. She lives about 100 yards from me. I never knew any business she followed. I saw her and her sister straitening an iron fork at my fire just before the prisoner went out.
Q. How long was that fork?
Martin. It was about as long as my arm. After
Q. to prosecutrix. Whose gown did you find?
Ann Shaw . I had pawned a gown to Mrs. Slipper, and it was stolen away. [Produced in court by John Tompson the constable, and deposed to by Ann Shaw ; also the prosecutrix deposed she had taken it in as a pledge of Ann Shaw .
Jane Fitzgerald . I saw the prisoner and her sister in Mr. Martin's yard at that time, and I went to look in the necessary-house, as Mr. Martin said, if the gowns were any where in the yard, they must be there. I took this gown, here produced, from under the seat there.
Q. Did you see the prisoner in the necessary-house ?
Fitzgerald. No, I did not; but I saw her near it.
I know nothing that they alledge against me.
For the Prisoner.
William Smith . I have known the prisoner near five years, she has lodged with me above four, I keep a cook's shop; I have trusted her to take money for almost a day together; I cannot say I have ever heard an ill character of her: if she was out, I would as soon take her in as I would any body in the neighbourhood.
Q. What business does she follow?
Smith. She used to mend, and such like.
Q. What business does she follow?
Thomas West . The prisoner was servant to me: after she went away I missed some handkerchiefs and other things, upon which I went to a pawnbroker in the neighbourhood, and asked him if he had any such things. Some little time after the pawnbroker sent for me; he had detained a woman, who had brought one of my handkerchiefs to pawn: I went, and found it to be mine; the woman took me to the prisoner's lodgings; I took her into custody with an officer; she took out three handkerchiefs from her pocket, [produced in court and deposed to.]
John Morris . I am headborough in Whitechapple parish; on the 22d of this month Mr. West sent for me and gave me charge of the prisoner for robbing him of some handkerchiefs; she took out those three handkerchiefs from her pocket and delivered them to me: Mr. West said, they were his property, and the prisoner owned them to be his; then she was taken before a magistrate and committed.
Prosecutor. I had a very good opinion of her before this.
The prisoner had nothing to say in her defence.
Guilty 10 d.
267, 268, 269. (M.) Paul Kenady , Francis Conner , and Edward Fitch , together with John Carlow , not taken, were indicted for stealing eight hundred pounds weight of lead , the property of John Rich , Esq ; [It appeared the lead was taken off from Lincoln's-inn-fields playhouse , and that forty pounds would not make good the damage; but the principal evidence was John Carty , an accomplice, who gave an account, that he and the three prisoners with Carlow stole the lead; but his evidence standing unsupported by any evidence of credit, they were all three acquitted ]
Both Guilty .
271. (M.) Ann Palmer , otherwise Bourne, single woman , otherwise Ann wife of John Aubury , was indicted for the wilful murder of William Palmer , March 4 . She stood charged on the acroner's inquisition for Manslaughter *.
Samuel Tuttle . I am a watchman in Bow-Street . On the 4th of March I heard a noise as I was calling the hour ten, and before I could come up to the persons heard some blows. The prisoner said, G - d blast me, (or to that purpose) if you strike me again I'll slab you. As soon as she had said so the deceased repeated the blow.
Tuttle. I did, and was within three or four yards of them.
Q. What was the blow struck with ?
Tuttle. With his hand, I imagine.
Q. What was done upon that?
Tuttle. I saw the prisoner's right hand go as her back was towards me. He cried, O Lord, O Lord, I am murdered! I went immediately and took her, but she had made away with the weapon; the man ran cross the street to the sign of the Cock.
Edward Eagle . I have known the prisoner four or five years. On the 4th of March, about ten at night, I was drinking at the Cock alehouse, and hearing a noise in the street, went out; I saw there the deceased, whom I knew very well, the prisoner and he went for man and wife. I saw him use her very ill; he struck her two or three times, and knocked her up against a window shutter by striking her on the side of the head, I be-believe, as hard as he could, as it seemed to me by her falling about. After that she said, If you strike me again I'll stab you. He made another blow at her, and immediately cried out, I am a dead man.
Q. How near was you to them at this time?
Eagle. I was very near them. He went into the Cock alehouse, I followed him, and clapped my hand over the wound till the surgeon came to dress it.
Q. How long did he live after this?
Eagle. He lived about 14 or 15 days.
Mary Manton . I keep the Cock Alehouse. I heard the prisoner's voice, and going out heard her have some words with a young man (not the deceased, who went for her husband). The deceased came and asked her to go home; she said she would not, and he then struck her on the side of her head. He asked her the same again, and she said she would not; he then struck her again. On this she said, G - d blast me, if you strike me again I'll slab you; then he immediately cried out, O Lord, O Lord, I am a dead man. Then he ran over to my house and fell down; he lay there till the surgeon dressed him, then they took him to the infirmary, where he died the 21st or 22d day of that month.
James Curtise . I am a surgeon, and dressed the deceased after he was in the infirmary at Westminster. The next morning after he had received the wound he bled a good deal, and the wound seemed to be deep. We opened it farther, and it bled more; we tied it up, and he did not bleed till the next day, when he bled through all his dressings, and then ceased bleeding for about ten days. After that time he bled often during two days, and as we could not stop the bleeding he died, I believe, on the 21st day of that month.
Q. What do you think was the occasion of his death ?
Curtise. To be sure this wound was. He was in a very bad habit of body before; for he did not look well at all.
We had been at supper, and had no words till we came to this door, where he struck me and knocked me down. I know nothing at all of it, and had never a knife about me.
Guilty Manslaughter .
William Botter . On Tuesday was se'nnight coming with a child in my arms to the Old Jewry, after I had got through Aldgate two men followed and asked me if I had lost a handkerchief; I felt in my pocket, and said I had. They told me they had sent a man to take the person who had stole it, and the prisoner was brought to me presently after.
Joseph Nailor . Last Tuesday was se'nnight, about eleven in the morning, the prosecutor turning by the corner of the Minories with a child in his arms, I saw the prisoner put his hand into his pocket and take out a handkerchief, with which he wiped his mouth, and then put it in his own pocket. He crossed the way, and turned down Houndsditch; I followed him, and as soon as I laid hold of him he threw this handkerchief out of his hand. [ Produced in court, and deposed to by the prosecutor.]
I found the handkerchief, and when I took it up told the evidence, if it was his he might have it, and gave it him into his hand.
Ann wife of John Cartwright was indicted for stealing two damask napkins, one diaper napkin, two checked aprons, one linen sheet , the goods of Catharine Griffice , widow , April 20 . + .
Catharine Griffice . I live in Great Poultney-street, near the square, and lost the goods mentioned in the indictment, [mentioning them by name] but can't tell the exact time; they were missing last Saturday, and some were found the same day, and the day after. I lost many more things than are in the indictment.
Q. Why do you charge the prisoner?
Griffice. I took the prisoner into my house almost naked, she and her children. She had been with me, I believe, six weeks, and I had reason to suspect her.
Rachel Pratt . I am servant to the prosecutrix, and had the things mentioned in my care. I gave them out at different times for use in the house, and upon looking up the linen last Saturday they were missing. I taxed her with taking them away, but she said she'd swear she never wronged my mistress. She afterwards owned the taking them, and told us where they were; we went to the pawnbroker's and found them.
William Spence . I am a pawnbroker, and live in Crown-court. The prisoner at the bar brought two checked aprons and three napkins, which she pledged with me. They were all left within the last month, and at different times, which I can't remember.
John Smith . I am constable, and had the prisoner in custody last Saturday before the justice; she said she knew nothing of the taking the things, but at last confessed she did. I went to the pawnbroker to ask for them, and they were delivered to me. [Produced in court and deposed to by the prosecutrix.]
I did intend to have returned them when I received my wages.
275, 276, 277, 278. (M.) Matth.ew Kelley , Walter Knight , Francis Dust , and Joseph Riley , otherwise Barrat , were indicted, for that they, on the 22d of Feb . about the hour of nine in the night of the same day, the dwelling-house of Elizabeth Trevill did break and enter, and one pair of stays, value 10 s. one patelair, value 5 s. six yards of linnen-cloth, three linnen bed-gowns, one lawn apron, and a silk bonnet , the goods of the said Elizabeth did take *.
279. And Mary Riley , otherwise Barrat ; was indicted, for that she, as an accessary after the fact, afterwards, to wit, on the 23d of Feb . the goods and chattels, so feloniously stolen, did receive and take, knowing them to be stolen .
Catharine Calvert . I live at Knightsbridge with Mrs. Trevill; I placed the goods in the room, which was a dressing room, and the window looked into the road. On the 22d of Feb. at night, the maid went up into the room and found the sash open; she came down and asked me if I had opened it, I said, no; she then said, we have been robbed: I went up and missed all the things, and the window was open; some time after a constable and the evidence Maddox came to our house, to let us know that he was one of the persons that robbed us, or we should never have known it; I spoke to them myself; they asked me if we had not been robbed, I said, yes; then they repeated some of the things over, and told us the prisoners were all taken but two, and those two were taken afterwards; when they were carried before justice Fielding, Maddox said, they were all concerned in the robbery.
Q. Did you ever find your goods again?
Elizabeth Beardcell . I am servant to Mrs. Trevill; I went into the room between eight and nine, and found the window open, and missed the things out of the room; I was before the justice when they were all examined; there Ann Fling , and the evidence Maddox confessed, that the four men prisoners at the bar were with them, and that they got into the house and took the things, and that the woman prisoner received them, which they all denied : the bed gown was delivered to me by one of the constables.
Q. Are you sure that bed gown belonged to your mistress ?
James Maddox . On the 22d of last February, Walter Knight , Matthew Kelley , Francis Dust , Joseph Riley and I, went all to Chelsea to take a walk, I am a shoemaker, Kelley was a runner at the Gatehouse. and the others I know to be common thieves, for I have been with them many a time.
Q. Do you work at your trade?
Q. When you went out, had you formed any scheme of going a robbing?
Maddox. No, we went only for a walk; we went to a publick-house, facing the bunn-house, and drank five or six pots of beer and two half pints of gin; we then went away, and agreed to stop the first man we met; we walked all round Brumpton, but met no body that we thought proper to stop; but Knight seeing a window open in Brumpton said, there was a house that would do for us, and if I would give him a leg-up, he would get in; he got in, and threw out a bible, a pair of spectacles, and other things, and was just going to throw out the bed, had not the maid come up. We then came to Knightsbridge, and from thence were coming to St. Giles's, where we lodged; and as we came by Mrs. Trevill's house, Knight stopped and said to me, James, give me a leg-up, and I will get into the window; I took hold of one of his legs, and Barrat of the other, and we lifted him up into the window; he, being in liquor, fell down into the room; after he was in the flung out about six yards of cloth, fit for sheeting, a patelair and petticoat, a pair of stays and three bed-gowns, one was a cotton, the other two linnen.
Q. Look upon the bed-gown; is that one of them? (he looks at it, and says) yes, my lord, I am sure it is. He afterwards flung out two or three old table-cloths, three or four old towels, and an apron
Q. Were all the four men prisoners with you at that time?
Maddox. Yes, they were; and when they were sold, they all took share of the money.
Q. Are you sure they all assisted in this robbery?
Maddox. They did, my lord.
Q. What became of the goods after they were delivered to you?
Maddox. I tied them up in a table-cloth, and bade Barrat come along with me; I walked with the bundle upon my back as far as Hide-Park turnpike-gate, this was between eight and nine.
Q. Was it dark at that time?
Maddox. It was. I then said to Barrat, do you carry them; he did, and carried them to Monmouth-street; then I took them again, and carried them to St. Giles's; as soon as we came home we looked over the things, which we commonly do, for fear we should cheat one another. The next morning we went to see if we could sell them, we went with them to Bloomsbury-square, they would not buy them. Then the prisoner Mary Riley said, she would sell them for us; she took the aprons, the towels, and bed-gowns, and brought us four shillings for them, and said, she would sell as many things as we brought; I then gave the prisoner Mary Riley , the patelair and petticoat, and she and the witness Fling went and sold them, and brought us four shillings, she gave the money to Knight; I delivered the stays to Mary Riley , she went out with them; when she came back she said, she had been into Monmouth-street, and could get but eight shillings for them, and so brought them back again. The next morning we sold them for ten shillings to a Jew; Mary Riley sold the cloth for four shillings and nine-pence, and brought us the money.
Maddox. We told her when we came home, that we had taken them out of a house at Knights-bridge. I went with the constables to Mrs. Trevill's house, but would not speak to any body 'till I came before justice Fielding; there I said the same as I do now.
Q. Was the sash pinned down?
Maddox. I cannot tell whether it was or not, but it made a noise when it was flung up, and it went up with a great deal of difficulty.
Q. Was there any glass broke?
Maddox. I do not know that, but he broke some of the bricks down, and I do not know whether they were broke in getting in or coming out.
Q. to Beardcell. Do not you take care to pin your windows every night?
Beardcell. We have pins to pin them down with, but I cannot tell whether they were pinned that night. I believe it was only shut down.
Ann Fling . On the 22d of Feb. I went with Mary Riley the prisoner into Monmouth street, she went into a house there, but did not stay long; when she came out she said what she was about, and that the people would not buy them. She went home again, and then came down stairs with a patelair on her arm, and went into Monmouth-street; she went into two or three shops, but could not sell it; she then sold it to an old cloaths woman for four shillings.
Q. Do you know whether that was the patelair that was taken out of the house at Knightsbridge ?
In a few Days will be published Part II.
In the 27th Year of His MAJESTY's Reign. PART II. of NUMBER IV. for the Year 1754. BEING THE Fourth SESSIONS in the MAYORALTY of the Right Hon. Thomas Rawlinson , Esq; LORD-MAYOR of the CITY of LONDON.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1754.
Kings Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Ann Fling . ALL that I know it by is, that she brought the money to Walter Knight . She had a pair of stays, which she went to one Sarah Cross with, but she would not buy them. The constable, Mr. Flannerkin, took this bed-gown [ looking at it.] from off Mary Riley 's back. I was present at that time, and am sure this was the gown. I saw the pieces of new cloth, but she sent a girl with that, so I don't know what it was sold for. As for the stays she did not sell them.
Thomas Ind . I was at the taking of Kelly, and another who is not a prisoner here now. When he was brought to the Barley-mow, near Justice Fielding's, I told him if he knew any thing of the matter he should speak, and make himself an evidence; he said it was to no purpose then, they all wanted to be admitted evidences.
Dust is a plaisterer's labourer. He came up to my room, and told me he could help me to work on the Monday, so for his civilities. I desired him and Matthew Kelly to go down and drink share of a pot of beer with me and Joseph Riley, my brother-in-law. While we were there came in Maddox, and Nancy Fling with him; they brought these things. I bought this gown, and gave 6 s. for it.
Q. Who did you buy it of?
I was acquainted with Knight, and told him I could help him to work. He said he would give me a pot of beer if I would go down to drink. I went down and drank with him.
Dust and I came up to Walter Knight 's room. Dust told him he could help him into work, and Knight said he would give him a pot of beer; while we were drinking Maddox and Fling came in. They shewed the things about and wanted to dispose of some of them, I don't know whether the landlady bought any or no, she is gone out of the way. Knight's wife happened to see this bedgown, and Knight asked him what he would have for it? He said he would give him 6 s. for it, ( if he came by it honestly) which was enough.
I lived with my brother and sister in Maynard-street, and know nothing of this affair.
Mary Riley 's Defence.
They called me down to drink part of the beer. My husband asked me if I would have that bedgown. I said it was old; he answered it could not be dear at 6 s. and he gave no more for it.
Dust called four persons to his character, who had known him six or seven years, and gave him the character of an honest man.
The others called no witnesses.
All five Guilty .
280. (M.) John Philips was indicted for stealing one pair of stone shoe-buckles set in silver, val. 20 s. one pair of stone knee-buckles set in silver, one stone stock-buckle, one pair of garnet ear-rings, one motto ring, one stone hat-buckle set in silver, one silver hair-piece, and three pair of stone studs , the property of Charles Maynard , Dec. 20, 1751 . + .
Charles Maynard . I am a jeweller , and the prisoner was my journeyman . On the 20th of December was two years I miss'd a pair of stone shoe-buckles and a pair of knee-buckles. I suspected the prisoner, and going to Justice Fielding's took out two search warrants, one against Mr. Pain of Golden-Lane, the other against Mr. Warner of St. John's-street. I went to Golden-lane and found some part of the goods, the buckles, which I miss'd the night before, and several other things which I had missed, but could not charge upon any particular person before. There was a ring, three pair of studs, one hat-buckle, and a shoe and knee-buckle, which I miss'd the night before. The others I found at Mr. Warner's, the other pawnbroker; there were five silver seal stocks, a pair of garnet earrings set in gold, a stone stock-buckle set in silver, and a silver hairpiece. The constable took them in his possession, and has had them ever since. The buckles were in possession of the prisoner the day before I missed them, and when I found the goods his name was upon all the tickets.
Q. from the prisoner. Can you swear that I took them out of your shop and pawned them ?
Maynard. I cannot swear that he did. I can only swear they are my goods, and that I found them at the pawnbroker's in his name.
William Musgrave . I served my time, and work journey-work with the last witness; last Christmas was two years my master missed these goods, and I went to see after the prisoner, but could not find him. My master had some intelligence that the prisoner had pawned the goods. As I was going along in order to see after them, I met him; he told me of the two pawnbrokers. Barnes (who is since dead, and whose widow is married to one Pain) was one, and Warner the other. He said the shoe-buckles were at Barnes's, but did not mention what was at Warner's.
Q. Did he tell you how they came there?
Musgrave. He told me he had left the shoe and knee-buckles at Barnes's, but did not mention where the rest were.
Q. Did the prisoner say he pawned them by direction of his master?
Musgrave. He never mentioned a word about it, but only said he had left them there.
John Taylor . I was constable at that time, and served the search warrants, one at Mr. Pain's in Golden-lane, and the other in St. John's-street, where we found these goods, [producing them] which were deposed to by Mr. Maynard.
Q. to Maynard. How came you not to prosecute this man sooner?
Maynard. He has been gone down to Birmingham for these two years past. I made enquiry after him, some told me he was gone to Ireland, some one place and some another, so that I never met with him till within about five weeks.
Q. What sort of a ring was this?
Smith. I do not remember: I think to the best of my knowledge it was a mourning ring. On the 16th of Sept. following he brought me a buckle, I think it was a hat-buckle, or a girdle-buckle; on the 9th of December he
Q. What became of the goods?
Smith. They were delivered into the constable's hands.
Q. Look at the goods, and see whether they are the same that were delivered to the constable?
Smith. I am positive the buckle-rims are part of them.
Q. Were all the goods that were delivered to the constable, brought by the prisoner?
Smith. They were; I have known him three years before.
Q. to Maynard. Are these the goods you lost?
Maynard. They are what I lost, they are my property.
Nathanael Warner. I am a pawnbroker, I know the prisoner very well: On the 30th of August, 1751, he brought to my house one stock-buckle, I lent him three shillings upon it; on the 4th of December he brought me five seal-stocks, I lent him two shillings upon them; on the 21st of December the search-warrant came from justice Fielding, brought by Mr. Maynard and the constable; I told them whatever their demands were I would give them without trouble; they demanded the five seal-stocks and the stock-buckle; I told them I thought I had something more in my house that they should have; I found a pair of garnet ear-rings, which came on the 10th of August, I lent him two shillings upon them; there was also one single hair-piece, which is here present, worth about fourteen-pence, that was pawned the 20th of December, I lent him six-pence upon that; I shewed them to Mr. Maynard, he said they were his property; then said I, take them, for I desire to have no man's property in my house: he swore to them before justice Fielding, and they were delivered to the constable; am sure they are the goods that were brought to my house.
Q. to Maynard. Are these your property?
Maynard. They are my property.
I had an execution out against me at the Court of Conscience for missing payment, and I never was before a justice. When I met Musgrave he told me, my master was going to have a warrant for me, I said, for what? he said, for such and such things; I was frightened, and went into the country; I came back about six weeks ago, and surrendered myself to my master, knowing myself innocent.
Q. to Maynard. Did he surrender himself voluntarily?
Maynard. Five or six weeks ago I believe he came to surrender himself; he had worked for me six years before, and always was a very honest servant, and was able to get his twenty-seven and thirty shillings, I have paid him thirty-six shillings a week very often; I am very sorry I must appear against him now; I have intrusted him to melt gold for me to a considerable sum, and never missed one grain of it.
Q. to Maynard. Would you take this man again should he be acquitted?
Maynard. As to my taking him again I should not, but here is a person here that would employ him.
281. (M.) Hannah Wilson , widow , was indicted for stealing one gawse handkerchief, val. 2 s. one gold watch, val. 10 l. one gold seal, val. 40 s. four silver tea spoons, val. 4 s. six silver table spoons, val. 3 l. two muslin aprons, and one silk camblet coat, the property ofJane Bulley in the dwelling house of William Massey , March 5.*
Jane Bulley. I live in Park-street, Westminster , at the house of William Massey , The prisoner was my servant , and had been so between three and four months. On the 5th of March I lost a gold watch, six table spoons, four tea spoons, a silk camblet coat, and a waistcoat with 24 gold buttons; there were so many things that I could not put them all down in the indictment. I had given the prisoner warning, and gave her leave to go out on the Sunday; she said she was going to the Hermitage to see for a place. I went that day to my Lord Peterborough's, and staid there from Sunday to Tuesday. On the Tuesdays she came to me there and said, Madam, I have got a place. She desired me to give her the key of the dining room, which I delivered to her, and the key of my drawers, desiring her to bring me some things I wanted, for I was going out with the lady. When she returned I asked her if every thing was safe, and she said yes. At my return on Tuesday night I found the prisoner in the passage, as I believe going out. I asked her what she did there, and she made a frivolous excuse, saying, Nothing at all. She went up stairs with me, and the moment I came into the dining room there was all the sugar strewed over the table. She then asked me if I had taken the silver sugar dish away, I said no. On my going into the closet the spoons were missing, and looking at the bedside the watch was gone. I then called up a man and woman who lived in the house. They said they had lived there twelve years, and never lost any thing in their lives.
Q. How far is it from Lord Peterborough's to your house?
Bulley. Not a quarter of a mile; she might go in ten minutes.
Q. What reason have you to charge the prisoner with being the person who took these things away, when you was out so long?
Bulley. My Lord, if any body had opened the outer door they could not have opened the locks without breaking them; but there were no locks broke.
Q. Did you ever find any of your things again?
Bulley. I found nothing but the handkerchief, which was in the prisoner's box. [ The handkerchief produced in court.]
Q. Where was that box?
Bulley. It was left in my lodgings.
Q. Did you ever give her that handkerchief?
Bulley. No. I never gave her any such thing in my life.
Q. Did you ever hear her confess any thing relating to it?
Bulley. She always said she knew nothing of it. I have sent to several pawnbrokers, but could not find any thing out. She is a Danish woman, and I believe the watch is gone to Denmark.
Q. Did you ever hear any thing of your spoons?
Bulley. No, I never did, nor of any thing else but the handkerchief. There was a boar's head upon four of the spoons.
John Lewis . I was the constable that was sent for to Mrs. Bulley's to take charge of the prisoner; she told me she had lost so many things. I asked the prisoner several questions, whether she knew any thing of these goods; she told me no. I desired her to tell me whether they were pawned any where; she said no, and that she knew nothing of them. She said she had no money but a penny. But two women searching her found this box, [which he produced in court ] with three guineas and half a crown. They were delivered to me, and have been in my custody ever since.
Sarah Smith . I was present when the prisoner's box was looked over in Mrs. Bulley's room, and saw the handkerchief teken out of it; her mistress said, That is mine, I can swear to it, and the prisoner said, If it is yours take it, and threw it on the floor. This is all that I know.
Q. Was you present when she was searched?
Q. Is that the box? [shewing it to her.]
Smith. Tis the very same box.
She said she would keep all my cloaths. I had no wages of her for the time I lived with her. They took my money out of my pocket. I am innocent of what is laid to my charge.
Guilty 10 d.
283. (M.) Susannah Smith , widow , was indicted for stealing three yards of linen cloth, val. 12 d. and nineteen yards of cotton cloth, val. 10 s. the goods of William Watson , privately in the shop of the said William, March 23 . ++ .
William Watson . I keep a linen-draper's and slop shop , and live in the parish of St. George Hanover-square . I lost the things mentioned in the indictment, but was not present when they were found upon the prisoner. I was not at home then, but was present before Sir Samuel Gore , where she owned the taking the goods, and pleaded for mercy.
Q. Were the goods mentioned to her?
Watson. They were, and laid before her.
Q. What time of the day was this?
Haynes. It was about one, or between one and two in the afternoon. Seeing a woman run I ran after her, and got hold of her; she had the goods in her apron. [The goods produced in court and deposed to by the prosecutor.] I carried her back to the shop; there was an officer sent for, and she was carried before Sir Samuel Gore. I was ordered to aid and assist.
John Makey . I am a shoemaker by trade, and keep a stall by Mr. Watson's door. His wife ran out of the door, and cried out, Stop thief. The woman, I, and the last witness, ran after her; we took her and brought her back to the shop, where she let down her apron and dropped them down in the shop.
Q. to Watson. Are you sure those goods were in your shop at that time ?
Mockay. I left the shop between twelve and one, they were all there then.
I am not guilty.
Guilty 4 s. 10 d.
284. (M.) Ann the wife of John Smith was indicted for stealing one holland gown, value 2 s. one cotton gown, value 2 s. 6 d. one bed quilt, value 6 s. one linnen sheet, val. 2 d. one pair of laced ruffles, one Dresden handkerchief, two linnen aprons, two dimitty petticoats, two pair of lawn ruffles, one pair of silk stockings, one pair of cotton stockings, a sattin-hat and a pair of paste ear-rings , the goods of Elizabeth Ward , spinster , April 1 . ++
Elizabeth Ward . I live in Spring-Gardens and keep a house there, the prisoner was my servant , I lost the things mentioned in the indictment, I did not see the prisoner take them, I was at supper when she went away: when I heard where she was, which was in about seven or eight days, I sent a constable, he took her and brought her before the justice; I got all my goods again but a very few.
Q. How got you your goods again ?
Ward. The constable got them and kept them in custody; I saw the flowered cotton gown, the laced cap, the cross barred lawn apron, the french dimitty petticoat all upon her, I am very sure they are my property, I was before the justice, there she owned she took them.
Q. from the prisoner. Did not you give me the clothes to appear in company with?
Ward. No, my lord, she was with me but two nights, and the third night she robbed me.
Q. Did she own the taking of these goods, or whether they were lent her?
Cuthbert. The night I took her she said she stole them, the next day she said, the Prosecutrix had lent her the things to appear in company with. When she was first taken before the Justice she had the gown, cap, ruffles, and handkerchief on.
Q. to Ward. Did you lend the prisoner any part of these goods?
Ward. Upon my oath, my lord, I never did.
Upon my oath she did, and there is one of the young girls (pointing to Smith) who was in the house with me at the same time, and she has now cloaths on her back that was lent her by Elizabeth Ward to appear in company.
Q. to Smith. What is your way of life ?
Smith. I can do plain work, or go out to plain work.
Q. Do you maintain yourself by doing plain work?
Smith. I get my living as I can.
Q. to Ward. How do you get your living?
Ward. By plain work, and I take in a little washing.
Q. Is this finery fit for a washerwoman?
Ward. My lord, it is all the sinery I had.
Smith. I never saw any otherwise.
Q. Upon your oath are not these goods lent to people in her house?
Smith. No, they are not.
Q. She says she gets her living by washing, upon your oath does she, or does she not?
Smith. Not as I know.
Q. How does she get it then ?
Smith. She sells a pint of wine and makes a dish of coffee for gentlemen that come there.
Q. Does not the cloaths you have on now, belong to Mrs Ward?
Smith. No, they do not; I paid for them myself; and she is an impudent saucy jade for saying any such thing, for she never saw me in these cloaths I have now got on; I would not take a false oath for the value of all the cloaths.
Q. to Skelton. What sort of a house does Mrs. Ward keep?
Skelton. I don't know, I work in making capuchins, bonnets, &c. and when I carried my work home, there was my money; I never saw any thing disorderly.
Q. from the prisoner to the constable. Do not you know that is a very bad house, for you often frequent it?
Cuthbert. My lord, if it is a bawdy house I never made one of it.
Q. What is your business ?
Cuthbert. I keep a grocer's and oyl shop, and live by St. Martin's church.
Q. Are you acquainted with Mrs. Ward ?
Cuthbert. I never knew her but since I have been constable.
Q. What is your reason for your knowing her so much since you have been constable?
Cuthbert. I believe she keeps a disorderly house, and I going my rounds have taken people from the door when there has been any noise.
285. (L.) David Evan was indicted for stealing four yards and a half of velvet, value 40 s. five dozen of handkerchiefs, one dozen and a half of pins, thirty-seven yards of linnen cloth, fifteen yards of muslin, thirty-six yards of silk ribbons, the goods of Richard Blackbourne , William Swan , and Co. in the dwelling house of Richard Blackbourne , April 17 . + .
William Swan . I am a haberdasher and live in Woodstreet , there are three partners of us, Blackbourne, Hopton, and Swan; Blackbourne occupies the house: the prisoner was our porter , our people had found a small quantity of handkerchiefs rolled up, and laid in a private place, last Saturday, and on Sunday they were gone. We suspecting the prisoner's honesty got a search warrant, and found a great many goods upon him our property.
Alexander Coing . I live in St. Martin's lane, I have known the prisoner three years, I am a Peruke-maker, the prisoner used my shop; he brought a quantity of goods to my shop tied up in a bundle about three weeks ago, desiring me to take care of them, and said, they were going to Scotland. In about a fortnight after this he brought another parcel corded up in the same manner, and left them also. Last Wednesday he sent a messenger to me from the Compter desiring me to come there to him; I went; he told me he was put in there on suspicion of robbing his master of some thread to the value of 10 d. he desired me to call upon two of his masters that he had lived with formerly, near St. Martin's-lane, to appear for him on his trial as yesterday, and desired me also to come; upon this I suspected the things he had left at my house to be dishonestly come by, and then carried the two parcels to Mr. Blackbourne's, and they owned them as their property.
Thomas Pollard . I am clerk to Blackbourne, Hopton, and Swan, I received these two parcels of Alexander Coing , (the goods mentioned in the indictment produced in Court and deposed to by Mr. Swan) the prisoner lived in the house in the capacity of a porter for about seven weeks, we had no suspicion of him til l last Saturday night; we took him up about the handkerchiefs that were taken away, and had him before my lord mayor, then he confessed he had stole some thread; then we got a search-warrant, and in his lodgings we found some of our goods; after which Coing came, and gave us an account of the two parcels produced here, they are my masters property.
John Persival . I am constable, I went with a warrant to search the prisoner's lodgings on Tuesday last and found the piece of handkerchiefs which were lost, which made us suspicious of the prisoner, three silk handkerchiefs, four 1 b. wt. of tea, and several other things that are not here.
Several of these goods belong to me, I was in business before I went there.
The prisoner called John Downs , who had known him about a year. Samuel Coast between two and three; John More a year and a half; John Steward the same; and Edward Bradley about three years, who all gave him a good character, exclusive of this.
Guilty Death .
286. (M.) Andrew Bourne and Catherine his wife , otherwise Katherine Newland , widow , were indicted for stealing two linnen sheets, value 5 s. one blanket, value 2 s. the goods of Joseph Bigg , in a certain lodging-room let by contract, &c. Feb. 25 ++ .
Both Acquitted .
Knowles pleaded Guilty .
Taylor stood his trial, in which it appeared he was in company with Knowles when he sold it, but nothing appearing against him any farther he was acquitted .
The prisoner was apprentice to the prosecutor, he sent him for some money to a customer he worked for, who gave him a note drawn on a banker, he went and took the money at the banker's, and returned no more, and when found had spent great part of the money, but this appearing only a breach of trust he was acquitted .
Sarah Goward was indicted for stealing one man's hat, value 3 s. the property of John Bore , two linnen gowns value 4 s. two linnen sheets, two linnen bodies of shifts, one pair of cloth shoes, value 12 d. two yards of linnen cloth, value 12 d. the property of Judith Dike , widow , March 29 .
++ Acquitted .
290. (M.) John Parry was indicted for that he on Ambrose Dawson , Esq; Dr. in physic did make an assault putting him in corporal fear and danger of his life, and taking from him one gold watch, val. nine guineas, and two guineas in money , the goods and money of the said Ambrose Dawson , March 27 .*
Ambrose Dawson. On the 27th of March, between seven and eight at night, my chariot was stopped as I was near my Lord Bath's in Piccadilly , it moved on, and then stopped again; on hearing a noise in the street I imagined there might be another coach before mine; soon after I perceived a man on horseback at my chariot door, and heard words which seemed to be directed to me; I thought it was let down your glass: I let it down, and then I saw a man with a pistol in his hand; I think I said, what would you have, sir? he said, your money, sir; I gave him two guineas into his hand, he then asked for my watch, which I gave him.
Q. What sort of a watch was it?
Dawson. It was a plain gold watch with a seal set in gold; then he rode off.
Q. Have you any thing in particular against the prisoner?
Dawson. No, the prisoner is much about the size of him, but I cannot say he is the man, from what I saw of him, for it was pretty dark; but he was taken up on the Saturday following and owned he had pawned my watch to Mr. Scriven, who is here.
Gilbert Scriven . I am a pawnbroker; on Wednesday the 27th of March, a little before nine at night the prisoner at the bar brought this gold watch to my house, he asked me ten guineas on it, I looked on it and said if nine guineas would do, he should have it, I gave it him, and he gave me a bit of a bill, as is usual, he wrote his name in it, G. Thompson, nine guineas, 27 March, a gold watch.
William Norden . I took the prisoner in Brook-street on Saturday night the 30th of March about ten o'clock; there were five or six of us after him: as he was riding in the street I took hold of his bridle, and we soon unhorsed him; we took him before justice Fielding, there he confessed several robberies, and this was one of them; one he said was in Picadilly, another at the upper end of Swallow-street, another in Wych-street, and that one of the watches he had pawned in the name of Thompson with Mr. Scriven, and gave us it in writing; we went to the gentleman in that name and he went up stairs and fetched it.
Prisoner. As these people have sworn so positive to me I can say but little.
Guilty Death .
There were three other indictments against him for highway robberies.
John Banister . I have known the two prisoners eight or nine years, the night before the 28th of last March I and the two prisoners agreed to go Finchley on that day to take some pigs from Mr. Robertson's, but William Rock saying that three would be too many, it was determined that he should stay at Islington, expecting after we had taken some away, Mr. Cobley would come to him to enquire if he had seen them, and to let us know, when we returned home, if there had been an outcry after them; then John and I went about half an hour after twelve at night, and took thirteen from out of Mr. Robertson's yard; we drove them cross the country, we sold one for 13 s. 6 d. beyond Tottenham, after that we sold two to a butcher at Walthamslow for 20 s. then we sold ten more to a Gentleman for 6 l. coming home I lost two half guineas out of my pocket; we divided the money we had left, I had to my share 56 s. and John 56 s. and his brother Will had a guinea, but he said, if he had not more he would blow us; then I went to Finchley, and Mr. Robertson had me apprehended,
William Cobley . I am servant to Mr. Robertson at Finchley, he sells hogs in a yard there, these pigs we had lost were sent out of the country, and put into our yard amongst others, they are the goods of Mr. Thomas Morris ; after the evidence had confessed the stealing them, and told where he had sold them, I went and saw that which was sold for 13 s. 6 d. and seven others, all which I knew to be Mr. Morris's.
Francis Birch . I am a drover to Mr. Thomas Morris in Lincolnshire, I brought upwards of two hundred pigs from Lincolnshire to Finchley, they were put into Mr. Robertson's yard, in one pen were fourteen on the 27th of March at night, and in the morning there was but one left.
Thomas Flach . I am a higher, and live at Walthamslow, on the 28th of March I bought ten pigs of John Rock and John Banister for 6 l. I sold four of them to my landlord, and four more to Mr. Brucas in White-Chapel, and kept two myself.
Thomas Sherridow . I bought two pigs of John Rock and Banister for 20 s. on the Tuesday after I read the advertisement of the pigs being stolen; I went to Finchley to enquire about them, and there was the evidence Banister, so we apprehended him and he owned the fact.
John Rock's Defence.
John Banister would not let me alone, but would go with me when he found I had a little money to earn, and as we were coming to London he started the question to me to come the next day and take some pigs away; that day I was fuddled, and the next night I went along with him, and we took the pigs out and sold them, we had 3 l. 7 s. each; this young man (meaning the other prisoner) had not a farthing of the money, neither did I see him till the Friday following; the two half guineas, Banister said he lost, we divided between Banister and me.
John, Guilty .
William, Acquitted .
291. (M.) Mary Askow , widow , was indicted for stealing one diaper table cloth, value 7 s. two gold rings, value 15 s. one silver tea spoon, value 1 s. one muslin apron, value 3 s. one linnen handkerchief, value 1 s. one yard of cambrick, value 4 s. the goods of Ann Nichols , widow , March 22 . *
Isabella Walkham. I am a pawnbroker, the prisoner brought a tea spoon and I lent her 15 d. on it, and after that a handkerchief, which I lent her 1 s. on; produced in court and deposed to by the prosecutrix.
Ann Williams . Mrs. Nichols came to me and told me she had lost such and such things, and desired I would go to New-Prison to talk to her, accordingly I went; and there she owned to me that she had pawned the teaspoon to Mrs. Walkham, and sold the gold ring to Mr. Arnold, in Holborn, a silversmith, we went, but the ring was gone.
The ring was produced in court and deposed to by the prosecutrix.
I know nothing of the matter.
Robert Adams . On the 22d of April a little after seven o'clock at night I called at the house of Mr. Troy by the Horse Guards; he said, will you please to walk in here, here is nobody here but a gentlewoman of my acquaintance, when I went in there was a pint of wine, and the prisoner at the bar was the woman that was there: she said, I must have a little punch for I cannot drink two-penny; I staid till I cannot tell whether it had struck 8
Q. Where had you been that day?
Adams. I had been with Mr. Troy doing business for him that day, we dined in St. Martin's-lane; he took me to appraise some goods for him.
Q. Was you sober?
Adams. I drank only two glasses of wine at Mr. Troy's, that is all, at seven at night.
Q. Do not you know the prisoner is the wife of an officer in the army?
Adams. I never saw her before; when I went to have the indictment drawn up, I was asked her husband's name; I said, I did not know that; he said, then I will put her down widow.
Q. You know since that she is wife of an officer in the army, don't you?
Adams. I have been told so.
Q. Could you see what it was o'clock, when you pulled out your watch?
Adams. I could not.
Q. Why do you think she had your watch ?
Adams. When we parted she put her hands round my waste.
Q. Was it possible for this woman to take the watch out at that time?
Adams. I don't know how it was; I mist it presently, I don't know how she did it?
Q. Did you perceive her hand at your fob?
Adams. I did not.
Q. Was it not possible this watch might have slipt down putting it into your fob?
Q. Did you stop any where?
Adams. We never stopt at all.
Q. Did not you go to her husband next morning?
Adams. I did.
Q. Did not you then ask him to pay you the value of the watch and you would trouble him no more about it ?
Adams. No, he proposed to pay me; the gentleman proffered to give me any money, I said, I did not care to do it; he said, I will indemnify you; this he said several times in his own room. I went to my attorney, who was not at home, but his partner was; he told me not to do it, saying, it was a felony.
Q. Did you drink where you went to appraise the goods?
Adams. Mr. Troy was in the room almost all the time, we drank none there, after that we went to dine; there were five or six more with us.
Q. What did you drink then?
Adams. There were three or four full pots of beer and some punch, it stood us in no more than 6 d. each.
Q. How long were you drinking there?
Adams. About two or three hours.
Q. Was you sober at that time?
Adams. I was as sober as I am this moment.
Q. How long have you known Mr. Troy?
Adams. Eight or ten years.
Q. Do you look upon him to be an honest man?
Adams. I believe he is a very honest man.
Q. Do you believe he would send you home with any body that would pick your pocket if he knew it?
Adams. I do not.
Q. Tell me how that kissing was?
Adams. She turned herself round three or four doors after I had looked at my watch, and said, you shall go no farther, and clasped me round the waste.
Q. Are you sure you had your watch at that time?
Adams. Was I dying this moment I am sure it was then in my pocket.
Q. Do you know the man that produced the watch?
Adams. I never saw it till to day.
Q. Was you in Parliament-street that night ?
Adams. I was not.
Peter Thom . I am the constable that took the lady up on the 22d of this month. Between nine and ten at night Mr. Adams came to me, and I went with him and Mr. Troy to College-street, Westminster, to her lodgings. Mr. Adams went and knocked at the door, I was about two doors off at that time: when the door was opened, they said, she was gone to bed; then he asked if the captain was at home, they said, he was gone to bed; then I heard a gentlewoman at the door, who said to Mr. Adams, what would you have? he said to her, madam, you have robbed me of my watch; she said, I don't know any thing of it; he told her he had a constable there to take her up, and if she did not let him see it he would serve a warrant upon her; she said, she knew nothing of it: he then charged me with her. I took her and brought her to my house: we afterwards put her in the Round-house for that night. Mr. Adams said the same the next morning as he did over night.
Q. Did she go freely along with you?
Thom. She did.
Q. Was Mr. Adams sober, or not?
Thom. I was not sober myself therefore cannot be a judge; but this I know very well, the justice said he was sober.
John Troy . I keep the sutling house by the horse-guards : I believe between six and seven that night the lady came into my house; she staid a little while, I asked her what she would drink; she said, she liked a little warm punch; I ordered the boy to make 18 d. worth, and we sate and drank it out : whether Mr. Adams
Q. Do you know what past there ?
Troy. I do not, I had been drinking too much, I went home to bed.
Q. How long have you known the prisoner ?
Troy. About a year and an half.
Q. What is her husband?
Q. Did she come to visit your wife that day?
Troy. I believe she came to visit me.
Q. During that year and an half's acquaintance, did you ever hear a bad character of her?
Troy. No, none, till this thing happened; till then I always looked upon her to be an honest woman and a gentlewoman.
Q. Had Adams been in your company that day?
Troy. He had.
Q. What had you drank that day together ?
Troy. We had three or four pots of beer, more or less, and some punch where we dined.
Q. Did he drink any thing at your house ?
Troy. Yes, some wine.
Q. Was he disguised in liquor?
Troy. I must beg to be excused, I cannot resolve it; I was so far gone myself I cannot tell.
Q. Have you any thing of value about your house ?
Troy. I have a great many things of value.
Q. Did you ever miss any thing after she had been at your house?
Troy. I never did to my knowledge; I have discounted notes for her which came from abroad.
Q. Did you ever hear a bad character of her?
Troy. No, I never did.
Council for the Crown.
Q. How long have you known the prosecutor ?
Troy. Fifteen or sixteen years.
Q. What is his character?
Troy. It is that of a very honest man; I have employed him several times.
Q. Did the prisoner come out as soon as you asked for her?
Troy. No, she came out when Mr. Adams insisted upon seeing her.
Troy. Yes, I went to see her in the Gate-house.
Q. Did not she desire to come to an accommodation?
Troy. I know her husband said he would give the value of the watch rather than have his wife brought to disgrace.
Q. What did he say?
Troy. He said, I'll pay you for the watch.
Q. Was you robbed, or attempted to be robbed by her?
Conningham. I was not. I conducted them to the house, and they knocked at the door; when it was opened they asked for Mrs. Hudson, they said, she was gone to bed; presently afterwards she made her appearance, when Mr. Adams insisted on seeing her, and then the constable took charge of her.
Q. Was Mr. Adams sober then ?
Conningham. I did not perceive him to be drunk.
Q. What did she say ?
Conningham. She said she knew nothing of it.
Q. Did she make any resistance or hinder them from searching?
Conningham. No, she desired to be searched, I think it was at the constable's house; she said Mr. Adams don't be so cruel, I will be searched, I never was accused of any such thing, I always lived in credit.
Q. How did she behave when you went home with her.
Conningham. She behaved like a gentlewoman.
James Eves . Last Monday night between nine and ten o'clock I went into Mr. Troy's house, where I saw the prosecutor under a great deal of uneasiness, saying, he had lost his watch; and desired Mr. Troy to go along with him to ask for the gentlewoman; and said, she had stole his watch; this was about a quarter after nine: I went with them, and was by when the door was opened; they said, she was gone to bed; they asked the question again, they said the same: Mr. Adams said, I must see her and insist upon seeing her, and immediately out she came, seemingly in a flutter, and said, oh! Mr. Adams, is it you? he challenged her with having the watch; she denied it utterly; he said, I have a warrant against you, if you don't give it me again I'll serve it; she said, I know nothing of the watch, help me God, were the words she said; then the warrant was executed; and we all went to the constable's house, where a valuable consideration was offered several times, but he refused it, and said, give me my watch, give me my watch.
Q. Did not you say, if he could not go on with the prosecution, you would assist him with ten guineas?
Eves. No, I did not, not about the prosecution.
Q. What was it about?
Eves. It was not about this affair.
Q. What affair was it?
Eves. I did not offer him ten guineas upon my oath, or any money at all.
George Troy . I live at Mr. Troy's at the sutling-house, he is my uncle; after the gentleman and Mrs. Hudson were gone, she came back to our house and asked for her muff, saying, she had left it behind her in the chair.
Q. Was this after she went out with Mr. Adams?
Troy. It was.
Q. What time was this?
Troy. A little after nine o'clock.
Q. How long was it, after she went out, before she came back ?
Troy. I imagine it was about ten minutes.
Troy. No, she had not, she went and took it out of the chair; then she asked for my uncle, he was gone out, and she went away directly.
Daniel Squib . I happened to be at Mr. Thom's house drinking in a room; about ten o'clock came in some company, and went into the fore room; I went into the fore room to hear what it was about, and they had brought Mrs. Hudson in; there she said, she would sooner give double the price of the watch than go to prison, or go under the scandal of it: she desired her husband to be sent for; he came in and wanted to know what they detained his wife for, and said, he was a justice of the peace and an officer; he took Mr. Adams aside, and asked him what value he put on it; he said, it cost him 7 l. though it now is not worth the money, perhaps not half so much: he said, if she would let him have the watch, may be he should never trouble her any more; and he said the same as she said, that he had rather pay double the value of the watch than she should go under the scandal.
Zachariah Peirce . I found the watch in Parliament-street, at near nine o'clock last Monday evening, it lay with the glass upon a stone, in the road where you walk, it was not going then; but when I came home it was wound up and went.
Q. Did it appear to be dropped?
Peirce. To me it appeared to be laid there, for it had received no damage, with the glass undermost.
Q. Could you see it plain?
Peirce. It was just between two lights, very plain.
Q. Did it lay in the dirt?
Peirce. No, it lay in a very clean place.
Q. How long was it between your finding it and winding it up?
Peirce. I went only to Peter-street and back again, there was a gentleman with me who saw me pick it up; when we had wound it up we set it by our watches; it was about a quarter after nine at that time by ours.
Thomas Mason . I live upon London-bridge: I was standing to see my Lord-mayor go to St. Bride's; there I saw the prisoner put his hand in a man's pocket on the left hand side and take this handkerchief out.
Q. When, and where was this?
Mason. On Easter Tuesday, just by the corner of Walbrook , I took hold of the prisoner, and took the handkerchief from him; the prosecutor gave his word to appear the next day, but he has not appeared.
Q. Where was the prisoner when you laid hold on him?
Mason. He was gone about five or six yards, and was putting the handkerchief into his breeches when I took hold of him (the handkerchief produced in court) the prosecutor owned the handkerchief to be his property before me and the constable.
Going along I kicked something before me, which happened to be this handkerchief, and I picked it up.
To his Character.
Mary Andrey . I have known the prisoner six years, he is a cobler by trade, I am a washerwoman and he fetches clothes for me; - a handkerchief or cap of half a guinea price he might steal, but I never found him wrong us of a pin's point.
John Lee . I live in Primrose-street , and am a handkerchief printer ; the prisoner was my apprentice ; I went into the dressing-room where the men finish the handkerchiefs, a man said, here are two handkerchiefs cut off from a piece of work. I asked whose goods they were, because we print them for the weaver, and found they were Mr. Thompson's; I observed them to be cut off by a knife, the prisoner was at dinner. My sister told me there was a silver pepper-box missing, I took the prisoner up stairs, and examined him as to the things; he said, he had cut the handkerchiefs off and sold them in Rag-fair, but could not tell to who; and he had carried the pepper-box into Smock-Alley, and a gentleman had stopped it; I went to the silversmith's, and he gave me the pepper-box; I took him before my Lord-Mayor, and he owned the same there.
Peter Pollard. The prisoner brought this pepper-box to me, [produced in court and deposed to;] he said, it belonged to his mother, and she was sick, and had sent him to sell it, and that his name was Harrison, and lived in Hare-street, Spittlefields; I stopped it, and desired him to send his mother for it: the next day his mother came and owned it.
The prisoner had nothing to say in his defence.
William Parker . The deceased William Floyd was servant to Mr. Hutchens at Chelsea , who is a farmer and gardener; he had lost about five pounds worth of greens from out of the garden, and he set John Lee and I to watch the garden. On the 12th of this instant, about half an hour after nine at night, Lee and I went into the ground, we heard a rustling among the greens or colworts, we got nearer and nearer the person: then Lee pushed on and took the man by the collar, it was the prisoner. We took him, and told our master we had caught a man in the colworts; he desired us to carry him to the constable's house, and our master ordered the deceased to assist, so we three took the prisoner to the watch-house.
Q. What time of the night was it you took him?
Parker. It was after ten: the constable was out of town, and his wife sent us to the head-borough, named Longslow, there we asked for the lock and key of the cage; Longslow said he did not know where they were: then I went to the beadle for them, he sent me to Mr. Strickney's for them, I went; he told me the cage was not in a condition to put any body in; then I came back to the headborough's house, and met Mr. Anderson, the high constable, coming out at the door; I told him Mr. Strickney had said the cage was not fit to hold the man; then he said, you must continue at the headborough's all night. Then Lee, the deceased, I and the prisoner sat down round the fire: the deceased said to me, now is a proper time to take our rounds, to see if any body else is in the fields; I said to the deceased, are you able to take care of the prisoner? he agreed so to do. I bade him, when Lee and I were out, to lock the door, and put the key in his pocket, and if the prisoner was troublesome, to call the head-borough up, who lay over-head. We went out into the field; in about two or three minutes we heard a rustling amongst the greens again and saw a man, but could not take him; he escaped from us: we returned to the headborough's house, this was about twoJohn Lee fetched my master; the deceased lay with his right arm bent under him, his head amongst the blood, and this iron poker laying by him. [A large iron poker produced in court.] He had received some blows behind his head; the prisoner seemed to be asleep when we went out, and we left the prisoner to the care of the deceased.
Q. Were you all sober?
Parker. We were: we had but two full pots of beer to drink.
James Emson . I am a surgeon, and live at Chelsea; on Monday the 15th of April, I examined the head of the deceased, I found he had received two very violent blows thereon, which had greatly fractured the skull, and so much hurt the brain and membranes, as not to leave the least doubt but that the blows were the cause of the man's death.
Robert Smith . I am a surgeon, I scalped the deceased with Mr. Emson; I laid open the fractures and took these pieces of the skull out, [he produced seven pieces.] He seemed to have received two blows or more, which without doubt were the cause of his death.
Q. from the prisoner. Whether the wound seemed to be given by the poker?
Smith. It appears so to me.
Emson. It appears the wounds could not be given by a sharp instrument. The poker is bent at the end, and the edges of the lower end not sharp, but as it were a little rounded off.
Jennet Lawman. The prisoner lodged in a room next to mine, in Peter's-Street, Westminster; we could not speak in the room but we heard each other; he has not been at home ever since this accident happened, which was last Thursday was fortnight.
William Cooper . I have known the prisoner five years, he was a soldier in the same battalion I belong to, but he has lately been discharged. On the 16th of April I was upon the review, and heard some of the soldiers say, he was said to be the man that killed the gardener at Chelsea: I live at the King's-Head, Islington. On the 17th I was going out to fetch some pots and saw the prisoner; I got assistance and took him up.
I have no friend to plead for me, I leave it to your lordship to plead for me: God Almighty will clear the innocent.
Guilty , Death .
This being on the Saturday, he received sentence immediately to be executed on the Monday following, and his body to be dissected and anatomized.
298. Elizabeth Canning , spinster , was indicted for wilful and corrupt perjury on the trial of Mary Squires , the gypsey , (See No. 158. in Alderman Gascoyne's mayoralty in swearing she was robbed by the said Mary Squires of a pair of stays, value 10 s. in the house of Susannah Wells at Enfield Wash, January 2, 1753.
The witnesses were examined apart.
After the indictment was opened by the council for the prosecution, William Chetham produced the copy of the record of the conviction of Mary Squires at the sessions house in the Old Bailey, which was read: the purport of which was, that she was tried and convicted for the same.
The council for the prisoner did not put them upon proving she was sworn upon that trial, but admitted that.
Then Thomas Gurney, the minuter, was called, who deposed from his minutes to the contents of Canning's evidence given in courtSusannah Wells ; where she was robbed by Mary Squires of her stays, at about four o'clock the next morning; and put into a hay-loft, where she continued for twenty eight days, all but a few hours, &c. &c.
Esther Hopkins deposed, she lived at South Parrot, in Dorsetshire, that she believed she saw the gypsey woman, her son and daughter; (who were all three in the court, that each witness might see them as they came to give evidence) at her house on the 29th of December, 1752.
Alice Farnham deposed she lives at Vine-yard's Gap; and that the old woman and her son were at her house, on a Saturday morning a little before New-Christmas, 1752; and believed the daughter was with them, but not quite positive as to her.
George Squires , the gypsey's son, deposed that he, his mother, and sister Lucy, were at South Parrot on the 29th of December, 1752; they went to Litton the next day, and on the 31st to Abbotsbury; where they staid from the 1st of January to the 9th, on which, day they went to Portsham, and from thence to Ridgway, and on the 11th to Dorchester; from whence they set out and walked almost all night, and got to another village, and the next day they lay at Morton in a barn; and on the day after they lay at Coome; after which he could not recollect where he lay till he came to Basingstoke, where he was directed to lodgings at a house at Old Basing; then they travelled to Bagshot and lay there, and after that to Brentford, and from thence to the Seven-sisters at the two Brewers near Tottenham; and from thence to Mother Wells's at Enfield-wash; that his business was to tarry there till he could get a debt, which was due to him in London, of 7 l. 15 s. being afraid of going to his own lodgings, where he had goods of his own at Newington Butts, for fear of being arrested; that they had been there but a week and a day before his mother was taken up and committed. On his Cross-Examination he gave a very lame account how he went from Newington to South Parrot and named as many counties he went through as towns; but could not name a sign or inn that he lay at.
There were four people from Litton deposed they saw the old woman, her son and daughter there, at the time he had mentioned; and eleven from Abbotsbury, to that of their being there from the 1st of Jan. 1753, to the 9th of the same; and four to seeing them at Portersham on the 9th and 10th; one at Fordington on the 11th; one at Chattle on the 12th; three at Martin on the 13th; five at Coome on the 14th; one at Basingstoke on the 18th; two at Brentford on the 20th, 21st, and 22d; two that they were near the Seven-sisters by Tottenham on the 23d of Jan. 1753.
The next person called was Mr. Alderman Chittey, who deposed from his minutes, which he took when Elizabeth Canning went before him at Guildhall, in company with Mr. Lion, Mr. Nash, Mr. Wintlebury, and others; that Elizabeth Canning deposed before him, Jan. 31, 1753? that upon the last New-years day as she was returning from her uncle's, at or near Salt-peter-bank, by the dead wall, against Bedlam, in Morefields, near ten at night she was met by two men, who robbed her of half a guinea, 3 s. and a halfpenny; that they took her gown from off her back, and a straw or chip hat; that she struggled and made a noise, and that one stopped her mouth with something like a handkerchief; and swore if she made any noise or resistance they would kill her, and hit her a blow over the head and stunned her, and forced her along Bishopsgate-street, each holding her up under the arms; but did not remember any thing more that passed; and did not come to herself till about half an hour before she came to Enfield Wash, so called as she had learned since, to Well's house: that there were several persons in the room, it was said she must do as they did; and if so, she should have fine clothes; she said, she would not, but would go home,
Gawen Nash deposed, that he was with Canning before Alderman Chitty; that there she was asked what sort of a room it was that she was confined in; that there she said it was a little square darkish room; that there were boards nailed up at the window; and that thro' the cracks she could see the Hertford stage coach which used to carry her mistress. And he likewise deposed, that she said, there were and old broken stool or a chair, an iron grate in the chimney, and a few old pictures hung over the chimney; and that she lay upon boards. He said, he was much affected with this melancholy affair, being there during the whole examination. He likewise deposed, that after the warrant was granted, that he, Lions, her master, Aldridge, and Hague, went down to mother Wells's, in order to execute the warrant on the next morning, which was the 1st of Feb. that as they were going down they were met by people, who told them that they had seized them all: that they went on, and when they came to mother Wells's house they went up into several rooms; and after that he saw a man there, and asked him if there were not other rooms in the house; that the man shewed him up into this room and went with him; that when he got into this room, he wondered where the room was which Canning had described she had been confined in; for says he, this did not in any part answer the description she gave, for it was a very long room: that he then came down to his companions and they all went into the room together; that then somebody said, this must be the room; that he then said, it answered not the description she had given of it, For, he says, he observed in the room near half a load of hay, a nest of drawers, about 4 f. by 3 high, and a tub in which some pollard was, three old saddles, two of which were women's saddles; and a parcel of hay made in the form of a bed, that over the bed were a jack-line and pullies, and that there was a hole where the jack line had gone thro', which was stuffed with hay; that it was a thin clay and lath wall which separated that and the kitchen, and that if the hay had been removed, any one might see very plain in the kitchen, and across the kitchen into the road, that there was a little chimney in the room which seemed to be a little place for the warming a glue-pot; and that he observed an old dusty casement which seemed to have stood over the chimney for some years; that there was no grate nor the appearance of a grate in the chimney;Elizabeth Canning was not come, that Adamson and another tost up to know who should go and meet them. Adamson went, and returned waving his hat; saying, we are all right, for Bet says there is a little hay in the room: He says, when Canning was brought in and set upon the dresser, the door of that room being open, she might have seen the stairs leading up into the room; being carried into the parlour where all the people were, she instantly fixed upon Mary Squires ; but, he says, she could not see Mary Squires 's face at that time; and when Squires's daughter told her mother she was fixt upon as the person who had robbed Canning; that she then got up and came cross the room to Canning, saying, madam, do you say I robbed you? Look at this face, and if you have seen it before, you must have remembered that God Almighty never made such another: When Canning told her when it was; she said, Lord madam! I was 120 miles off at that time: He asked her where she was; she said, she was at Abbotsbury in Dorshetshire, and that she could bring a hundred people to prove it, who had known her thirty or forty years: and that all the people declared she had been there but a very little while. He says, after this, Canning was carried into several rooms, and at last into the work-shop, when she came there she said, she believed that to be the room: upon her being asked what she remembered it by; she said she remembered hay in the room, and that was the hay she lay upon, but there was more; she took up the jug, saying, it was what she had her water in: Upon her being asked about the saddles and the drawers, she said, she did not remember them (which he says were dusty and seemed to have been there a great while) being asked why she did not get out at the east window; answered, that she thought it was fast. He says, when they came down into the parlour; that Natus's wife declared, that she and her husband had lain there for eleven weeks together, and that Mary Squires had been there but a very little time.
Upon his being asked why he did not give this evidence upon the trial of Mary Squires : He says he was in court part of the trial, and that he was extremely uneasy in his own mind, but being butler of the Goldsmiths company, and having the charge of a great deal of plate, and thinking at the same time that Mary Squires would have been acquitted; he went away and did not come again. He says, he did not think upon the observations he had made there could have been a sufficient proof to have convicted her; and, when he heard she was convicted, he was extremely affected and uneasy.
Upon his Cross-Examination he said, that before he left the Old-Bailey, Canning had gone through the whole of her evidence, or very near it, and that she had swore the robbery upon the gypsey, but he thought within himself Canning had given false evidence, or however it might be a mistake. That he is not certain whether Judith Natus was in the room the whole time he was there (meaning at Well's) neither could he be certain that she said she had lain there ten or eleven weeks: but upon this, he says, he quite dropt his Opinion of Canning, though a great friend of hers before.
The Third Part of these Proceedings will be published in a few Days.
In the 27th Year of His MAJESTY's Reign. PART III. of NUMBER IV. for the Year 1754. BEING THE Fourth SESSIONS in the MAYORALTY of the Right Hon. Thomas Rawlinson , Esq; LORD-MAYOR of the CITY of LONDON.
Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1754;
Kings Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Hague upon his Cross-Examination was asked, whether he was in the haylost the whole time Canning was there? he said he was; and that he saw Adamson and Scarrot there at the same time, and that Adamson and Scarrot tore down the window.
The next witness called was Mr. White, the marshal's man, servant to my Lord Mayor, who gave an account of his going down to apprehend mother Wells for this robbery; he gave an account in what manner they were all secured; and likewise of his going into the hayloft; that there he saw twelve or fifteen trusses of hay, which he thought had been there a long time; that he saw a chest of drawers there, a barrel of a gun, and an old musket: that when he looked into the room he was suspicious, and thought Canning was mistaken, because it did not agree with the description she had given; he gave an account that he went and looked at the north window, to see if he could find the mark of any body's getting out; he said he observed the ground was clay, and there lay a help of human dung as high as a quart pot, which did not appear to have been trod upon; and upon the whole it did not appear to him that any body had got out at that window; he says, that Adamson would have persuaded him there were some mark in the wall, but he took a particular observation and could see none; neither could he observe any penthouse or shed; he said, when Canning came in, he proposed she should go into the parlour and fix upon the person who had robbed her; he says that she fixed upon Mary Squires , but could not be certain whether Canning saw her face at the time she fixed upon her; he says, upon that Mary Squires declared she never saw her before; and George Squires said, before Canning came, that they were at that very time in Dorsetshire; he says, the old woman, George, and Lucy, persisted in it they were all at Abbotsbury this first of Jan. and the other daughter said, she was at her uncle's in the Borough that very Christmas.
The next witness that was called was Fortune Natus, who deposed, that he and his wife lay in that very room during the time Canning says she was confined there; he says, when they came there, there was half a load of hay in the room, which room he says was called the workshop; he described the room, and said, his bed was made of hay and straw, and his bolster was a sack of wool; there was no grate in the room; that there was a nest of drawers and two or three side-saddles, a man's saddle, a large drawer with some pollard, and that there was a tub, which was hooped with iron hoops; that there was a barrel or kilderkin, and an old gun and a gun-barrel; and in the chimney an old lanthorn,Ezra Whiffen , and that to his observation, nothing was taken out of the room while he lay there : that he was there all the month of Jan. all new Christmas, old Christmas, and 'till they were all taken up.
The next witness called was Judith Natus , who said, she was wife to Fortune Natus, she gave much the same account as he had done; but when she was asked if there was a sign in that room, she said, there was; and it was the sign of the Fountain. Afterwards she said, there were two signs, and the other was the sign of the Crown.
The next witness called was Mary Larney , who said she kept a chandler's shop at Enfield, that she knew Fortune Natus and his wife very well, she says they dealt with her for chandlery goods; that she had seen them go in and out very often to mother Wells's, between Michaelmas and Christmas 1752, and that they told her they lodged there; and that the first time she saw Mary Squires there was on Wednesday the 24th of Jan. and that upon the Thursday after that Wednesday they were all taken up; and that the first time she saw Lucy Squires was, that she sold her a small loaf of bread, and that she sold her bread, cheese and small beer the very day that Mary Squires came to Well's house, and that Lucy Squires wanted to borrow a pitcher of her, and that she never saw any gypsies at Wells's house before; and that she would not put the money she had taken of the old woman into her pocket before she put it into a pail of water.
The next witness called was Sarah Howel , who said, she was daughter to Mrs. Wells, and that she was there every day during the month of Jan. but she says she had no acquaintance with Mary Squires , her son or daughter; but she says they came there upon a Wednesday, and all were taken upon the Thursday following. The pitcher being produced to her, she swore it was the very same pitcher that was used in the family; and she likewise deposed, that Fortune Natus and his wife were there in that time, and that she was there when they were all taken up: she says that Fortune Natus and his wife lay in the workshop about two months: that there was a considerable quantity of hay in the room, which was to feed her mother's horse, and some pollard was there to feed the sow; that she could not take upon her to swear she lay in the house once during the whole month of Jan. but was there every day or almost every day in that time. She said, that Virtue Hall went as often in the hayloft as she did: that upon the 8th of Jan. Edward Allen , Giles Knight and John Larney lopped the trees which were over-against the window, and that Virtue Hall and herself were at the window at that time; that she opened the casement herself, and it opened very easy.
Upon her cross-examination she was asked how she came to her mother's, she said, she had been a servant and was out of place, and that she had been at her mother's a year and a half: she said, that when Canning went into the parlour she pointed to Squires, and fixed upon her as the person that robbed her: that she believes this was before she saw her face: that Mary Squires said, for God's sake do not swear my life away; look in my face, and be sure of what you say: she said, that Mary Squires sat with a pipe in her mouth and almost double, and her head leaned upon her arm: that Canning saw Wells before she saw Squires, and did not charge her; and that she was not at the trial of Squires, because she was not subpoena'd to attend.
Edward Allen , who gave an account of their lopping the trees on the 8th of Jan. that stood just against the window of the room in which Canning said she was confined, and talked to Sarah Howel and Virtue Hall the time they were looking out at the window of the hayloft.
The next witness called was John Carter , who said, he kept a publick-house near Well's house; he deposed he saw them lopping the trees, and that they slung clods of dirt at Virtue Hall and Sarah Howel , who stood at the window of that room; and that Fortune Natus and his wife lodged at Wells's : he said, he saw Mary Squires there only the morning she was taken up, but he saw her son a week before that time.
The next witness called was Ezra Whiffen , who said, he keeps, the White Heart and Crown at Enfield Wash; he deposed, that he bought that sign of the Crown which was in the hayloft in mother Wells's house, and that afterwards, on the 18th of Jan. he bought the old hooks of mother Wells, and that he went up into the hayloft to look for them; and that he saw Judith Natus in bed there; he says, the irons were in a piece of wood; that his son carried it home upon his shoulder, and knocked out the hooks and brought it back again: he says, he went forward to Wormley.
The next witness called was John Whiffen , who deposed, he was son to the last witness, that he went with his father to mother Wells's, but did not go into the workshop; that he brought away the piece of wood the hooks were fixed in, and took out the hooks and brought the wood back again.
The next witness called was Elizabeth Long , who deposed, that she was daughter to mother Wells, and that she lived but three houses distant from her: she says, she believed she was there every day in Jan. that her sister and Virtue Hall lived there, and that Fortune Natus and Judith Natus lived there at that time; that she had occasion to go into the workshop several times, and had often seen Judith Natus and her husband in that room and in bed; she described the chimney to be at the feet of Fortune Natus's bed, and that she never remembered there was a grate there; that she remembered a great deal of hay being put there for the use of the horse that her mother kept; and that she remembered the pollard and bran for the use of the sow and pigs, and that she was there in the month of Jan. to take some pollard for that purpose, and is sure no body lodged in that room all that time, execept Fortune Natus and his wife: the pitcher was produced in court, and she said that was her mother's pitcher; and as to the bedgown, she never saw that before: she said, she saw Mary Squires at her mother's upon the 24th of Jan. and that was the first time she saw her: that her son and two daughters came there then, and they were all taken up on the first of February.
The next witness called was John Howel , who deposed, he lived at Enfield-Wash, and was son to mother Wells; that he was in the workshop on the 19th, 20th, and 21st of Jan. he said, his mother had sent him there on these days to fetch pollard to feed the sow and pigs, and that Fortune Natus and his wife were the only people that were in that room: he says, he attended the trial of Squires, but the mob would not suffer him to come in, and that he was forced to go away.
The next witness called was Robert Pyke , who says, he was at mother Wells's house during new and old Christmas, that he went there to keep company with Natus and his wife: that he was never in the hayloft, but was there during the time that Natus and his wife lay there.
The next witness called was George Talmarsh , who deposed, that he was an attorney, and went to see mother Wells in prison, and that he was employed by her to make out subpoena's, which he did for eight people.
Elizabeth Canning into the world; she said, she went there the 2d or 3d of Feb. that she saw the girl to all appearance in a very weak condition, laying upon a bed; that as soon as she came in, Canning's mother asked her if she had heard of her misfortune? saying, her child came home as naked as ever she was born into the world; she said, what! without a shift on? that her mother said no, she had a shift on; upon which she says she turned herself about to Canning, who lay on a bed, and asked her how it came about? she related it to her: she says upon this she expressed a great deal of concern, fearing she might have been debauched: that Canning could not tell what had happened to her, because she told her she was insensible in fits. She said, upon this she asked her mother whether she had her child's shift she came home in? that her mother produced it; that she examined it, and asked if it had not been washed since her daughter came home? her mother said no; she said, she told her mother it was uncommonly clean to be worn so long: that she looked very narrowly upon it, and told her mother she had not been debauched; that her mother thanked God for it. She said, she went a second time to see her; and on her examining the shift again, she told her mother it could not have been worn above a week; and that then she saw three spots of excrement upon it: she says, the mother was then extremely angry with her, and said, do you come here to set her friends against her? she was asked about the girl's character, and she gave her a very good one.
The next witness called was George Brogden , who was clerk to Mr. Fielding; he came to prove the information of Canning, which was read; and by that it appears, that she swore, that the pitcher of water was consumed upon the Friday before she made her escape on the Monday.
The next witness called was Mr. deputy Mollineaux, who deposed, that he happened to be with the late Lord-Mayor (after Mary Squires was convicted) when Canning and Virtue Hall were brought there in order to be examined; and that after my Lord-Mayor had examined Virtue Hall, her answer was, she had nothing to say at that time; he says, the pitcher and bedgown were produced; that Canning took up the gown in order to take it away, as it appeared to him; and my Lord-Mayor said, no, you must not take it away: that then she said, it is my mother's; this he says surprized him a great deal; because, on the trial of Squires she said, she took it out of the grate in the room where she said she was confined.
On his cross-examination he was asked whether he heard any thing of Virtue Hall's recanting ? he said, he had heard she had recanted.
The next witness called was Mr. Reed, who said, he was present at the same time, and remembered it in the same particulars Mr. Mollineaux did; that at the time she was rowling up the gown, attempting to take it away, she said it was her mother's.
Here the Council for the prosecution rested it.
Witness in behalf of the prisoner.
Edward Lyons , who lives in Aldermanbury, deposed. Elizabeth Canning lived servant with him 'till the time she was missing on the 1st of Jan. 1753; that he had known her sixteen years, and gave her an extreme good character; that she went to see her uncle, (with leave) but he saw no more of her 'till the 31st of the same month; that he was with her before Mr. Alderman Chittey; that he being somewhat deafish, could not take upon him to say all that passed: that there was a warrant granted, and he and several others went down to mother Wells's house, and the people of the house were secured. That when Canning was brought there and set upon the dresser, he caution'd her to be very careful to charge no body but who she was sure was guilty; she said, she would be careful. That the first of the people taken up she saw was mother Wells. She, upon seeing her said, she had done nothing atMary Squires said she was the woman that cut her stays off. Being asked if he believed she saw her face before she challenged her, he said yes, and she thought George Squires , after he had put on his great coat, extremely like one of the men that robb'd her in Morefields. He also said that Mr. Nash seemed at coming home to be well satisfied in what was done then, or at least had very little or no room to think the contrary; that Mr. Nash was once at his house afterwards, and at going out said, Mr. Lion, I hope God Almighty will destroy the model by which he made that face, and never make another by it, meaning the gypsy; and that Mr. Nash sent him the letter which was shewn in court to Mr. Nash on his examination, and which he owned to be his hand writing, dated Feb. 10, to this purport:
I am informed by Mr. Aldridge, who has been at Enfield, that if a person was appointed there to receive contributions some money would be raised in that place for the unhappy poor girl. I wish you success, and am
Yours, Gawen Nash.
That Mr. Hague said as they were coming up he saw no grate in the chimney, or picture over it; that he answered they are movable things and might have been taken away since; that they came home all very good friends; that he never found any doubt from Nash, Aldridge, and Hague till after the trial of Squires; and that he verily believed when he saw Mr. Nash in court on the trial of Mary Squires that he would then have given his evidence against the gypsy.
Thomas Colley , Canning's uncle, who lives at Saltpeter Bank, at whose house she had been on the 1st of January, deposed to the same he did on the trial of Squires, and his wife was next called who confirmed the same.
Elizabeth Canning , the mother, deposed her daughter was 19 years old, and to the same purport as on the former trial; with this addition, that her daughter said she had heard the name Wills or Wells mentioned in the house where she had been confined before any body mentioned such words to her. On her cross examination she said she had been to a conjurer who lives in the Old Bailey to inquire where her daughter was, &c. that he took her money and bid her go home, and she would come again.
James Lord , apprentice to Mrs. Canning, deposed to Elizabeth Canning 's being missed, the great concern his mistress was in on that account, and that when she returned his mistress was at prayer for her daughter's return; that when she came to the door he did not at first know her, nor till she spoke, she was in such a deplorable condition; that his mistress fell in a fit upon it; that she had a bit of a handkerchief over her head, and an old jacket on, and that she was a very sober girl.
Robert Scarrat deposed that he, hearing Canning was returned the night she came home, went into her mother's house; that he heard her say she had been on the Hertfordshire road, about 8 or ten miles from London; that he said he would lay a guinea to a farthing she had been at the house of mother Wells, and she said she heard the name of Wills or Wells mentioned while she was in confinement, ( which was in a longish darkish room) and saw a coachman whom she knew go by, through a crack of the boards at the window. Being asked if he had any knowledge of Elizabeth Canning before, he said he never saw her, to his knowledge, before that night. He said he had been at mother Wells's house sometimes when he lived servant with Mr. Snee at Edmonton.
Mary Myers deposed she had known the mother and daughter for many years, that the daughter is a very sober girl, and always behaved as well as any in England; that when she returned her mother sent the apprentice for her, and she came; she found her in a very bad condition, her face and arms being black, which she thought to be occasioned by the cold weather;
John Wintlebury deposed he had known her fourteen or fifteen years, that she lived with him about eighteen months and behaved exceeding well; that upon hearing she was come home he went that night; that she said to him, O lord! sir, you don't know what I have gone through, that she was in a very weak and bad condition; she said, she had been confined on the Hertfordshire road, and had heard the name Wills, or Wells, mentioned in the house; that she described a broken pitcher, which held about a gallon of water, in the room, and such a one he found when he went into that room, and that Canning saw part of Squires's face before she fixed upon her, as he believes.
Mary Woodward deposed, she was sent for by Mrs. Canning the night the daughter returned, which was in a very deplorable condition; the first words she said to her were, Mrs. Woodward, I am almost starved to death; and said, she had been confined in a room on the Hertford road; she said, when she was brought into the house three women took hold of her, and the old woman asked her if she would go their way; she answered, no: upon which she went to a dresser and took out a knife and ripped the lacing of her stays, and then took hold of her petticoat and looked on that, and struck her a slap of the face; and said, d - n you, you b - h, I'll give it you, and immediately turned her up into that place where she was confined, and threatened her with oaths that she would cut her throat if she made any noise: and she said, the old woman was a tall black swarthy woman.
Joseph Adamson deposed, he had known Elizabeth Canning ever since she was big enough to walk about: that the first time he saw her after she came home was the day they went down to Enfield-Wash; that none of them had horses but Mr. Wintlebury and he, that he was there before the coach, and after the people were taken up, he rode back to tell them in the coach not to stop at a place where they had agreed to call. That he did not tell Canning at that time there was hay in the room, but after he had spoke to the coachman to make haste, that he then asked Canning, what sort of a place it was she was confined in? She answered, an odd, or a wild sort of a place, that there was some hay, and something else, which he could not remember: that he then rode on. The same as Mr. Lion had said before.
Mr. Backler, an apothecary in Aldermanbury, deposed, he was applied to by the girl's mother, and went to her on the 30th of Jan. he found her extremely low and could scarcely hear her speak, with cold clammy sweats in her bed, complained of being very faint and sick, and of pains in her bowels, and of having been costive the whole time of her confinement; he ordered her a purging medicine, but her stomach was too weak for it, and could not bear it; he then ordered her a glyster that evening, and on the 3d of February another, the latter had some little effect; he ordered her another on the 5th, that had no effect at all: and she continuing very bad and in great danger, Dr. Eaton was sent for on the 6th; he wrote prescriptions for her for fourteen days, of diuretics and gentle cathartic medicines; that she was tollerably well in about a month. When she was at the worst her face was remarkable, her colour quite gone, her arms of livid colour spotted: and that when he heard she was gone to Enfield-wash, when the people were taken up, he thought her not able to perform the journey, and thought it extremely improper for her to undertake it, she being very much emaciated and wasted.
On his cross-examination he could not undertake to say her being in that low condition was by loss of appetite occasioned by a fever or other distemper, or whether it was from being confined from victuals. She told him she had been kept as she before related on bread and water, and he believed her; and said, it was plain she had not eat much by the symptoms he observed: being asked by her council, if it was possible for a person to subsist twenty-eight days on what she had mentioned? he answered, no doubt but there is a possibility of it.
Robert Beals . Who is one that attends the turnpike at Stamford-hill, deposed, that at the beginning of Jan. he was standing by the gate at near eleven at night, he heard a sobbing and crying on the road; it came from towards Newington, and drew nearer and nearer; at last he perceived it was two men and a young person seemingly by her crying; one said, come along, you b - h, you are drunk; the other said, how drunk the b - h is! and made a sort of a laugh, but she seemed unwilling to go. By his light he could see them, one got over the style, and the other laid hold of one of her legs or both, and lifted them over, so that she came down upright; she hung back and fell on her breech on the step of the style, and set out a fresh cry bitterly, as though she would go no further : that he went nearer them, expecting she would speak to him; but there being two men, and he alone, he did not think it safe to interpose: that the one pulled her, and the other jostled her along, and so they took her out of sight towards Enfield.
Thomas Bennet deposed, he lives at Enfield, near the ten miles stone, and on the 29th of Jan. 1753, between four and five in the afternoon, between mother Wells's and his own house, he saw a miserable poor wretch coming along, without either gown, stays, cap, hat, or apron on, only a dirty thing, like half a handkerchief, over her head, and a piece of something on, that reached down just below her waist, with her hands lying together before her; she asked him the way to London.
David Dyer deposed, he lived at Enfield-Wash; that about a quarter of a mile from mother Wells's house, towards London, at four in the afternoon, three evenings before mother Wells and her family were taken up, he saw a poor distressed creature pass by him, out of the common field: he said to her, sweetheart, do you want a husband? she made no answer: she had a thing tied over her head, like a white handkerchief, walking with her hands before her, very faintly, and was a shortish woman, with a shortish sort of a thing on, it did not come very low on her: that he looked at her face as she passed him, and said, (upon looking upon Elizabeth Canning ) he takes her to be the same person.
On his cross-examination he says, she had not an unlikely face, she looked whitely, it was not black; and he saw her hands looked as other peoples did.
Mary Cobb deposed, she lived at Edmonton; that she met a person in Duck's-fields, in a poor distressed condition, between the six and seven miles stones, on the 29th of Jan. just at the setting in of daylight: she had a handkerchief pinned over her head, it hid part of her face; she had a black petticoat and an old bedgown on, and her arms wrapped in it; she perceived
William Howard deposed, he lived at Enfield-wash, right over against mother Wells's, he has a small fortune of his own, and has a little employment under the government on which he lives. He said, Edward Aldridge , the silversmith, and a cousin of his of the same name, who is his neighbour, came to him about two or three days after Squires and Wells were taken up, and brought a printed case of Elizabeth Canning to recommend a contribution in her behalf; he looked upon it that he came to him on that very purpose; and had then no apprehension of any dissatisfaction. About six or seven days after he came again, then he asked him, what he thought of it? Aldridge made answer, there was one thing he was not quite clear in, and that was the description she gave of the room; but, he said, he thought she was there, and had been very ill used.
Mrs. Howard confirmed the testimony of her husband, and further deposed, that the first time she can recollect she saw the son and two daughters and Mary Squires , she believes to be on the Sunday was se'nnight before they were taken up, which was the 21st of January, that they were standing at Wells's door.
William Headland deposed, he was at his father's at Enfield before January was twelve months, and saw Wells and Squires taken up, that he found a piece of window-lead all bloody on the ground near the window, which the girl said she got out at after they were taken up; that he carried it to his mother, who laid it up, but it is since lost, and that he saw Mary Squires , on Tuesday the 9th of January, under Lomas Dean's, at the bell at Enfield, brick wall, telling a young man his fortune: that he saw her on the 12th at Wells's house, and her two daughters were with her, one of them was buckling up her pumps which she had on.
On his cross-examination he appeared very ignorant as to reckoning of time, he could not tell which month Christmas was in, but knows it is in winter time.
Elizabeth Headland , the mother to the last evidence, deposed, her son brought her a piece of lead that was bloody, after Squires was taken up; she laid it in a table-drawer, and it is since lost; he said, he found it a little way from Mrs. Wells's window, where the girl said she got out at.
Samuel Story deposed, he lives at Waltham-Abbey, in Essex, on his fortune; (he looks at Mary Squires ) and says, he saw her several times in White-Webb's-Lane; that the last time he saw her was on the 23d of December, 1752, sitting within the door of Mrs. Wells's house, this was on a fine frosty morning: that he took particular notice of her, and knew she was the same person he had seen in White-Webb's-Lane, where he used to ride two or three times a week: that he remembered this 23d of Dec. by it's being a fine frosty morning when he went out; the weather changing, and it's raining at his going home, he got cold, and the rheumatism and St. Anthony's-fire followed; that he was not out of his house for near two months after that, and is both certain as to the old woman and the day.
William Smith , who lives at Enfield, deposed, that on the 14th of Dec. 1752, Mary Squires , (whom he saw in court) lay in his cow-house, and for two nights after; that there were two men and two women with her; and that she had been about the country near him some time.
Lomworth Dane deposed, he lives at Enfield-Wash, [he looks at Mary Squires ,] and says he is sure he saw her last old Christmas-day was twelvemonths. He was filling a barrow from a heap of gravel at his door, and stood resting himself, and she went past him at the same time.Mary Squires enquired of him for a little brown horse which she had lost; that she told him her name was Squires; that he saw her the Sunday following; that a man, two women, and two children were with her; that the children seemed to be about four or five years old; that he never saw her afterwards 'till he saw her in Newgate, and he believes this to be the very same person that lay at farmer Smith's.
Elizabeth Arnot deposed she was wife to the last witness; that she saw Mary Squires about a week before new Christmas; that that was the first time she saw her; that afterwards she saw her in farmer Smith's cow-house; that she came out and asked her about a little horse; that there were several more along with her: that afterwards she saw her in Newgate after the trial, and believes she is the same person.
Sarah Starr deposed, her husband is a farmer; that she knew Mary Squires ; that she came to her house, the next door to Mrs. Wells's, upon the 18th or 19th of January was twelve months; that she never saw her before: that first of all she offered to mend China or Delft ware for her; then she came and desired to buy pickled pork and brown bread; that she gave her some chitterlins which lay upon the table, in order to get rid of her: that she believed she saw her in the whole about three quarters of an hour; that she would have told her's and the servants fortune, and they were afraid of her; that she said she had been before dukes and other great persons, and she would not hurt any body; she says she was terribly scarred, having never seen such a person before.
Daniel Vass deposed, that he lived at Turkey-Street, in Enfield; that on old Christmas-day, the 5th of Jan. he saw her go by his door, as he was in his own yard; he said he saw nobody with her, [except she had somebody under her cloak;] that he saw her afterwards in Newgate, and is sure she is the same person, though not in the same cloaths: that when he saw her first she had on an old white beaver hat, a brick-coloured gown, and a red cloak; the reason he gave for it's being that day was, that his master did not chuse he should work on that day, because it was old Christmas; that he never saw her before or since; that she did not stop at his house above a minute, and that he knew her again in Newgate.
Jane Dadwell deposed, she lived at Enfield-Wash, and kept a chandler's-shop there; that the first time she saw her was on the 28th of Dec. in new Christmas week; that she came to her shop, and that Mary Squires the daughter had been there several times before; that when she came in she was in a back-house, washing her dishes; that the reason of her remembering the day was, she had dressed meat to give away to her customers; that after she was gone, some of her neighbours came in and asked who she was? that she never saw her afterwards, 'till she saw her in Newgate; that there she owned to her that she had been at her house; she said, that Mary Squires did not tell her where she lived, and that she had no company with her at that time.
Tobias Kelley deposed he lived at Enfield, and knew Mary Squires ; that he remembered seeing her something better than three weeks, in Jan. that he did not know the day of the month, nor was he sure he ever saw her before; that he thinks the time rather before old Christmas-day; that it was near a month before she was taken up: that she passed by him; and that he never saw her before nor afterwards: and after that he says, he saw her three or four times; and that she asked him for a pipe of tobacco, and would have told him his fortune: that she did tell one John Rowley his fortune, and told him he had an enemy, and asked him for three pence, and he gave her but three halfpence: that he saw nobody with her at any time.
John Frame , who deposed he lived at Enfield, in Turkey-Street, that he saw her there upon the 11th or 12th day of Jan. was twelvemonth; that he was out in the gardens, and she spoke to him through the palisadoes; that
Joseph Gold deposed he lived at Enfield, and was a labourer; that he knew Mary Squires , and saw her upon the 8th or 9th of Jan. about a quarter of a mile from Wells's house; that he took particular notice of her, hearing mother Wells had some gypsies in her house: that he saw her eight or nine days before she was taken up; and that before he saw her, Virtue Hall told him there were gypsies in mother Wells's house; that he cannot tell what her dress was; and that she had nobody with her.
Mary Gold deposed she was wife to the last witness; that she saw her on the 11th or 12th of Jan. that she asked her if she had any China to mend? and told her she should not live long; that she was very much surprized; that she saw her afterwards in Newgate, and is the same person: that she never saw her before that time; that she had the same dress, a yellowish sort of a gown, as she had on in Newgate.
Humphrey Holding deposed he was a gardener; that he knew Mary Squires ; that the first time he saw her was on the 18th of Jan. 1753; that she asked him if the family was at home? that he had no more conversation with her; but on the Thursday afterwards he saw her as he was pruning vines for doctor Harrington; that she asked if there was any China to mend? that he saw her go to the door, and heard somebody say, no; but he did not see them: that the next time he saw her was in the cart, going to justice Tashmaker's; he said she had on a darkish yellow gown, and a red cloak; that she did not appear to him to be a very able strong woman; that he has seen her since in Newgate.
Sarah Vass deposed she was wife to Daniel Vass , and lived in Turkey-Street, Enfield; that she saw Squires there, and that she wanted to tell her her fortune; that she refused it; that she came into her house the day before she was taken up as she was drinking tea; that she asked for a pipe of tobacco; that she gave her one; that then she asked her for a dish of tea; that she gave her two; that then she offered to tell her her fortune, and that she had conversation with her about a quarter of an hour after that she saw her in Newgate, and she is the same.
Mr. Gladman deposed that he lived about a quarter of a mile from mother Well's house, that he never saw Natus or his wife, or Squires's son or daughter, but that he saw mother Squires; that she was dress'd in a black hat, a little red cloak, and a brick-coloured gown.
Ann Johnson deposed that she lived at Enfield some time ago, and had lived there twenty-seven years; that she got her living by spinning; she was positive that she saw Mary Squires at her door the 18th of January. The reason she gave for knowing the time was, that she spun for one Mr. Smitheram and carried home her work two days before the 18th of January; that upon the said day Mary Squires asked her for some China or Delft ware to mend, and also for some victuals, but she gave her none; that she was then alone; that she saw her about three times within the space of ten or eleven days; that she went to see her in Newgate after the trial, and there knew her to be the same person; she said that she had two cloaks on when she saw her, and a gown of a very particular colour.
Thomas Smitheram was then called for the prosecution. He deposed that the work Ann Johnson swore she brought home on the 16th was not brought till the 23d, wh ich he had set down, and he produced the book wherein it was entered; this was a book in which he set down the going out of the wool and the day it was brought home spun.
John Bosset deposed that she lived at Enfield, and was a mantua-maker; that she knew Mary Squires very well, and saw her either the 21st or the 22d of December; that she saw her on a Monday and gave her a penny to tell her her fortune; that she gave her a dish of tea, and never saw her afterwards till in Newgate; that she there told her the time she had seen her, and that Squires said, You might see me, but that was not the right time.
James Pratt deposed that he lived at Chertson, about two miles from Enfield, and that the first time he saw Squires was at farmer Smith's cowhouse, and that she asked him leave to go in there, but he being only a servant could not give it; that she went to the cowhouse, and having continued there three days, left it on a Sunday, but he could not tell the day of the month; that there were in the company men, women and children; that Mary Squires complained there of having lost a horse, and said there was a clog upon him, with her name on it; that she afterwards charged him with stealing that horse; he says that he is sure she is the same woman that lodged in his master's cowhouse, for that he saw her in Newgate.
Lydia Faroway deposed she lived with Mrs. Howard at Enfield-Wash, that she saw Mary Squires once or twice, but does not take upon her to say the day of the month when she did see her, that she saw her once at her mistress's gate.
Margaret Richardson deposed she lived there last January was twelvemonth, that she saw Mary Squires at a shop in Enfield, and looking at her said, I am sure she is the very same person, I saw her there above a quarter of an hour. She likewise deposed she saw her on old Christmas-day, and that there was a dog belonging to the family which was very fierce, and would have tore Squires if her husband had not come by and prevented it.
George Clements deposed that he was servant to Mr. Starr and lived near Mrs. Wells's house a year and a quarter, that he remembered to have seen Mary Squires about a fortnight before they were taken up, that she wanted to tell his mistress her fortune, that his mistress gave her some hogs pudding, and that he saw her at Enfield two or three days afterwards.
Hannah Fenchan deposed her husband was a gardener, that she saw her in January 53 in a place called Trott's-Walk, that she saw her passing and repassing, and afterwards in Newgate, and that she is sure she is the very same person.
Elizabeth Sherrard deposed she lived at Ponder's-End, that she saw Mary Squires on Wednesday, Thursday, Friday and Saturday before Christmas, that Mrs. Wells told her she had got a new lodger, and asked her to come to her house; but she could not tell whether it was new Christmas-day, or what day of the week, or whether it was winter or summer, but yet she went to church on new Christmas-day. Upon farther recollection she said that it was on a Monday or Tuesday. She said that Mrs. Wells was very civil to her, and gave her a Christmas-box, which was a penny.
John Ward proved the confession of Wells in prison in relation to the matter of confining Canning. He deposed he knew Wells some years before, that she lived at Enfield-Wash, that having seen her name in the news-papers before the trial of Mary Squires he went to see her in Bridewell; that after some conversation he said to her, How could you keep the girl a fortnight? and she answered she was there 28 days, and that when he asked in what room she said, You know the room well enough.
Nathanael Cramphorn deposed he lived at Waltham-Cross about seven years ago, and knew Judith Natus , that upon the 21st of April last she came to his house, and he asked her if she knew Canning was at mother Wells's how she could go against her; that she said, Indeed, Mr. Cramphorn, I cannot say but she really was there when we were there.
Elizabeth Cramphorn deposed that Judith Natus came to their house upon the 21st of April last, and that upon Mr. Cramphorn's asking the question she answered and said, Indeed she was there when I lodged there.
Daniel Stevens deposed that he knew Wells, and that he saw Squires in New Prison, that there she owned she had been at mother Wells's house, but that she had never cut off the stays, or robbed the girl. He likewise deposed that she said Canning was at mother Wells's about a fortnight, and that she was there likewise.
Thomas Green deposed that he had lived thirty years at Ware, and that he believes Fortune Natus and his wife would say any thing for gain.
William Metcalf deposed that he is a glazier, painter and plumber, and lives at Enfield, that he carried Wiffen's sign home on the 8th of January, old style, that Wiffen told him he had bespoke some sign irons of a blacksmith, that he saw him about ten days or a fortnight after and they were not made; that he then directed him to mother Wells's for the irons which did formerly belong to the sign. He produced his book to prove his setting down what he had done to the sign.
The council for the prosecution said he was to tell the jury from the prosecutor, that he had nothing against her exclusive of that fact.
This trial will be published at large, with the pleadings of the council on both sides, taken in court by T. GURNEY, writer of these Proceedings, and carefully examined, and compared with the copies of two other short hand writers who were appointed to attend the said trial.
No evidence appearing he was acquitted .
201. (L.) Francis Conner , a second, and Edward, a third time, were indicted for stealing two hundred pounds weight of lead, value twenty-four shillings, belonging to the Vintners company, fixed to a certain gutter , April 1 . ++
Both Guilty .
No prosecutor appearing he was acquitted .
There not appearing sufficient proof of his being a bankrupt, he was acquitted .
William Clark . I am a coachmaker , and live in the Old-Bailey : I was going out on Sunday morning, the 3d of Feb. I had got about an hundred yards, I saw my door open; I came back again and found the prisoner behind the door; I asked her what she did there? she said, she came in there to warm herself; says I, there is no fire here, how came you to come here? I asked her what she had in her
Q. Was that plate your's?
Clark. No, I believe it belonged to the publick house down Fleet-lane. I said, What have you got in your apron? She shivered and said she had got nothing, and that she folded up her apron only to keep her warm. I said, Let me see; she then said she had got only two or three plates, but when I look'd there were five, to three of which I can swear. I asked her what was the reason she took them, and she said she was almost starved, and did not know how to get a livelihood unless by these means. There was a man coming by, whom I desired to take care of her, and went myself for a constable.
The prisoner had nothing to say, nor any witnesses to call.
Mary Ashley . I live in Great St. Andrew's-street near the Seven Dials, and am a servant . I live with one Mr. Whittle, and the prisoner is a porter there. I miss'd the three guineas out of my box in the kitchen, and the prisoner having talked in the shop of buying things which we knew he could not afford to buy with his wages, I took him up on suspicion, but did not miss the sleeve buttons till the prisoner gave them to the constable, with the money, of which he returned all but three shillings. [The buttons and money produced in court.]
Thomas Ashley . The prisoner came up into Mr. Whittle's shop, where I was at work, and there talked of buying such and such things, which every one thought he could not do with his wages; hearing that Mary Ashley had lost the money he was suspected by every one of us.
Q. Is the last witness any relation to you?
T. Ashley. She is my sister; she lives servant, and I work journeywork there. The prisoner was called into the parlour to know whether he knew any thing of the matter, but he denied every thing till the constable was sent for, and then told where the money was laid, two guineas he had hid in the kitchen, and the rest in his bed-cloaths where he lodged.
Q. Did you find them where he told you?
Thomas Green. I was present when the prisoner was apprehended, and heard him say that he took first of all one guinea and then two guineas.
Q. Where was this?
Green. In Mr. Whittle's parlour. He told them where to find two guineas, and they found them there. I went to the prisoner's lodging, where he opened the bed-cloaths and pulled out eighteen shillings, with a little box.
Q. Was you present then?
Green. I was.
Alexander Carnagy . On the fourth of March I was sent for by one of the men that work for Mr. Whittle, who told me their maid servant had been robbed. I went, there was the prosecutrix, the prisoner at the bar, and more that were strangers to me; they accused the prisoner, who said the little boy took it; the boy being called up, he came crying and said he had no hand in it at all. They then had the prisoner down in the kitchen, where he confessed to me that the boy was innocent, and that he took the money out of the box himself. We found the two guineas where he said they were put. On my asking him where the other guinea was, he said he had changed it, but would sell his coat and make it up; I told him to return the remainder. We went into the room where he lodged; he put his hand into the bed and pulled out a box, in which were eighteen shillings, and a pair of buttons.
Q. Are these the buttons?
Carnagy. They are, and the same money.
They frightened me to what I said. I did not own one thing of it, but said I knew nothing about it, and what I said was in a fright.
Q. to prosecutrix. What character has the prisoner?
M. Ashley. I knew nothing of dishonesty by him before this. He lived at our house about eight months; we have lost several things about the house, but never suspected him.
206. (L.) John Fagen was indicted for stealing four saws, val. 20 s. one iron cramp, and one iron holdfast, the goods of George Seyden ; and one iron cramp , the property of John Frances , April 13 . ++.
George Seyden . I am a cabinet-maker , and lost a hand saw, a pannel saw, a short cramp, and a holdfast, on Saturday the 13th of April. The prisoner was a servant of mine, and one of my men had a long cramp, which was likewise missing on the Monday morning; and the prisoner not coming to work, this gave us some suspicion of him. On Tuesday, at nine at night, they were lying in wait for him, at which time he came up into my workshop; the dog barked, from which my servants had intelligence; they went and took him, and brought him to me. He immediately owned the taking the long cramp and sash saw. We took him before the Alderman at Guildhall, where he said he was afraid of being arrested, and he did it to make up a little money. He owned he pawned them, and confessed the taking one other saw, and no more. We went to the pawnbroker's where he directed us, and found them; we have since found the great cramp which he would not confess.
I don't deny taking what I confessed, being afraid of an arrest, which was the cause of my taking them.
Q. to the prosecutor. How has he behaved before this ?
Prosecutor. I never heard any thing ill of him before this. He has two children, and if he had asked me for money to support them I would have let him have it.
Q. What are the two saws worth that are found again?
Prosecutor. They are worth 15 s.
James Cox . I live in Pater-noster row. The prisoner was my servant in the capacity of a groom about seven or eight months, but discharged on the 30th of August last. During the time he was my servant I was robbed of a shirt, two neckcloths, a great coat, and two silver table spoons. There was a shirt and neckcloth delivered to him, which he acknowledged he had received, but he never produced them. On his losing these things I had great complaints of him. I taxed him with taking the shirt and neckcloth, but he said he had put them in a drawer in the kitchen. I discharged him for his bad behaviour, and he has been lurking about my stable almost ever since. About a fortnight or three weeks ago my stables were broke open and stripped of bridles and saddles, with some more furniture; having intelligence of the prisoner being seen about my stables, I got a search warrant to search his lodgings, and in searching found one of the neckcloths I had lost. Upon that he was taken up the same evening.
Q. What is the value of that neckcloth?
Cox. It seems to have been worn very much since he used to ride with me in the country, and this is the linen we carried into the country with us.
[The handkerchief produced in court and deposed to.]
Daniel Soloman was indicted for the wilful murder of Elizabeth his wife , April the 1st . He stood likewise charged on the coroner's inquisition for Manslaughter.
Hannah Brockhouse . I get my living by washing and scowering, and live next yard to the prisoner. Having been at a day's work on the 1st of April, when I came home at night between seven and eight o'clock I found the deceased in a publick house over-against the yard where she lived; she was a little in liquor, but not a great deal. She eat a bit of beef with me, and we drank a pot of beer; she then went home and went up stairs to sleep. Her husband coming in about an hour afterwards, asked for her, I told him she was gone to lie down, and he said he supposed she had knocked out her link (meaning she was drunk.)
Q. from a juryman. Why do you imagine he meant so? Did you ever hear him use that term before?
Brockhouse. Yes, I have often heard him say so.
She goes on and says,
I would have gone up and awaked her for him, and he would not let me. I bid him not go and play the devil above.
Q. Was he drunk?
Brockhouse. No, he was sober.
Q. What do you mean by playing the devil?
Brockhouse. I meant to strike her, because I have often known him to strike her, and was afraid he should. He went up to her, and was gone about ten minutes or a quarter of an hour, but not longer. When he came down he asked if I was gone; upon my inquiring what was the matter, he said he believed he should be hanged as his fellow servant was that day, and wished I would go up to his wife.
Q. Who was his fellow servant?
Q. What reason did he give for that?
Brockhouse. He said he had cut his wife on the head, and he believed she would bleed to death. I went up stairs to her and found her sitting on the side of the bed bleeding sadly. The blood came from a wound on the right side of the head. I then took a tea cup and went down to the publick house where her husband was, asking for some gin to wash the blood from her head. When I washed it off I had some loaf-sugar, some of which I went to put into the wound to stop the bleeding; but the gash was so large, and the blood gushed out so, that I could not do it. Upon my asking her how he did it, she said he had beat her with a broomstick.
Q. Did she name her husband's name?
Brockhouse. No, she did not mention his name; she only told me that he had struck her with a broomstick.
Q. Did she say that wound was given by that blow?
Brockhouse. Yes, Sir; she told me he had knocked her down with it. I went down to him again to the alehouse, and told him he must get somebody to stop the blood, for I could not; he said he could not fetch a surgeon, for he had no money, and then he went up to her himself. I went over to Mr. Bristow's the apothecary, and brought over Mr. Roberts, Mr. Bristow's nephew, who is a surgeon. The prisoner was with her when he came in; he searched the wound, and said it was very tedious, if not dangerous; he ordered me to wrap up her head and get her to the hospital. The prisoner then went and borrowed a shilling, and we got a coach. I went with her to the hospital, and left her in Charity Ward .
Q. Did her husband go with her?
Brockhouse. No, he did not; he staid at the alehouse.
Q. How did you get her in?
Brockhouse. They let her in; it was about eleven at night, we knocked at the door and they opened it.
Q. What hospital was it?
Brockhouse. Bethlehem hospital.
Q. Did you see her after this?
Brockhouse. Yes, once or twice; but she never said any thing to me afterwards. I saw her the Saturday se'nnight before she died.
Brockhouse. She was always in bed, I never saw her up.
Q. Did she complain much?
Brockhouse. I never staid there long. The last time I saw her her head was swelled very much; she said when she swelled she was much easier; these were the last words she said to me, or in my hearing, for I never saw her afterwards.
Q. When was this conversation?
Brockhouse. On the Saturday se'nnight before she died.
Q. from the prisoner. Did not I leave my keys for you the next day to take care of my things?
Brockhouse. Yes, he did for me to take the bloody things out to wash.
Q. from the prisoner. Did not you come to me the next day and say my wife wanted support, that she wanted money?
Court. What day do you mean?
Prisoner. Tuesday, the second of April.
Brockhouse. I did go to him and told him she desired him to send her some money.
Q. What did she want it for?
Brockhouse. I don't know what she wanted it for.
Prisoner. I gave that woman (meaning Brockhouse) sixpence to carry to her, and she never carried it.
Brockhouse. I left it upon the things by the side of his wife, and said I would speak to the sister to let her have half a pint of beer when she would.
Q. Did you tell his wife that you brought it?
Brockhouse. I did, and never went home till I had carried it.
Q. from the prisoner. Did not you take a hat out of my room?
Brockhouse. I did.
Court. 'Twould be very hard for her to accuse herself of robbing your room. This is not a proper question to ask her, because it would charge herself with a felony, which is a thing not to be done. Ask her any question concerning the murder; but this is not a fair question.
Q. from the prisoner. Did you ever tell any body that if it lay in your power you would hang me?
Brockhouse. No, I never said any such thing, but that I would speak the truth as much as I knew.
I came home from my labour and enquired for my wife, my neighbour told me she was at the Coach and Horses; I went there, and Brockhouse told me she was gone up stairs; I went up; she was there asleep: I awaked her as well as I could: she got up; there was never a candle a light; but there was a fire, and she felt about the chimney-piece for a match to light the candle: I put my hand in my pocket and found a piece of paper, and was going to light it: I pushed her with my elbow and she fell against a cullender; she got up again and lighted the candle. I found her bleed prodigiously; I then called up the first witness and sent for Mr. Roberts; he said it would be a charge for me, and that I had better send her to the hospital at once: I went and borrowed a shilling of a neighbour and sent for a coach to carry her.
Q. to Brockhouse. Did he come down to you, or you go up to him?
Brockhouse. He came down to me.
Q. Had he ever a stick in his hand?
Brockhouse. No, I saw none.
Prisoner. But three nights before this happened, when I came home the woman of the house, where she was that night, told me, she tumbled off from a bench and lay for dead a quarter of an hour; and she told me she wondered she never died in her liquor; another time I went to go up stairs, she sate upon the stairs very much in liquor; I persuaded her to go up, she did not, but fell down stairs and there she lay all night.
For the Prisoner.
Q. Did you ever hear he was a bad husband to his wife?
Foden. Only when he has been out with his coach and been drinking, then he has been troublesome with words, but I never heard he struck her any blows.
Q. Upon the whole was he a quiet man?
Foden. I never heard any otherwise.
Q. What occasion had you to know him?
Collins. As being a coachman, I have been a servant myself.
Q. Is he a quiet man?
Collin. When he was in liquor he used to be troublesome and abusive with his tongue, but never with his hands; I have known the deceased to take his things out often and pawn them; I have seen her drunk for ten days together and never ceased.
Guilty Manslaughter .
Judith Ridge. I live in Bridge-street, West-minster . Upon the 27th of March a woman came into our shop and bought a pair of stockings; it was between eight and nine at night; after she had bought them and paid for them, I lighted her down the steps. There were none in the house but I and the maid; I was shutting the door which would hardly catch: the two prisoners pushed in upon me, they beat me, and drove my head through the glass door that goes into the back parlour; I screamed out and the maid came, they knocked her down, and one of them stamped upon her; when they had done that, they came and laid hold on me again and gave me a push against the counter, I hit him with the candlestick and called out murder they bursted open the door into the parlour, and opened the other door, and met my husband coming down stairs.
Q. Where were they going?
Ridge. They were going up stairs; in the mean time the maid run for a constable, then he came they shewed a Marshalsea's-court-writ; then the constable said he had no business with it. They brought my husband down and tore his night gown all to tatters, beat him terribly, and tore him about.
Q. Did they arrest him?
Ridge. They did: I said, give me leave to send for ba
Q. Did they shew the writ before the constable came
Ridge. They did not. I then saw Curture take up a pair of gold buttons and put them in his pocket.
Q. What buttons were they?
Ridge. They were what my husband pulled out of his shirt sleeves, they lay upon the table; he put them in his right hand pocket, either coat or waistcoat; I said, you have got my husband's buttons: he said, d - n you, and away he went out; then he came in again, and I said, you have got my husband's buttons; he said then you may search me you b - h.
Q. Where did the buttons lay?
Ridge. They lay upon a table, I saw him take them up, and put his hand down to his pocket.
Q. What reason have you to charge them both?
Ridge. Because they both beat me and were present.
Q. Did not you know where they both lived?
Ridge. I did not?
Q. Did your husband owe any money?
Ridge. He did.
Q. Did not you know they were employed to arrest him?
Ridge. No, I did not.
Q. Have not you indicted them at Hicks's-hall for a misdemeanour?
Ann Young . On the 27th of March, between eight and nine o'clock at night, there was a woman came in and bought a pair of child's stockings; my mistress took the candle and lighted her down the steps; as soon as she had shut the door there came two men who pushed against it and threw her down backwards; they came behind the counter, threw me down and trod upon me: the glass sash-door was locked, they took my mistress by the shoulders and beat her head through it; then they forced open the parlour door. We screamed out murder! I saw my master pull out a pair of gold buttons out of his sleeves and put them down upon a table after the men had been in; he was putting on his shirt to go out with the men.
Q. Was not this after they had arrested him?
Young. It was. I heard my master ask the men for the buttons; then one of them went out of the house and staid about five minutes, and came in again.
Q. Was you all the time with the prisoners and your mistress?
Young. No. When they knocked me down I fetched a constable.
Q. What became of the buttons?
Young. I don't know.
Q. Did not one of the two men stoop down and give them to her directly?
Young. No, he did not.
Q. Are you sure those buttons were gold?
Young. I always took them to be so.
Q. Were the buttons for both hands, or one?
Young. They were for each.
On the 27th of March we had got an action against Mr. Ridge, at the suit of Mr. Radish, a linnen-draper in Cheapside; we had been after him two or three days, and finding him very shy, we sent this woman in to buy stockings; we told her to leave the street door open that we might get in; she did so, and we went in and made the arrest; Mr. Ridge desired to put on a clean shirt; we granted it: after that he said he had lost his sleeve button: Mr. Mitchell stooped down and took it up, and said, here it is; it was then in his hand: after this he got a warrant, thinking to redress himself, and swore this felony. I went and surrendered myself up. I never saw the buttons.
Both Acquitted .
George Matthew . I live in the Green-Yard, Montague-Close, upon the back-side of Pepper-Alley , and am a carman . I was out at work upon Tuesday last, and I lost a silver watch, but can give no farther account of it; my wife can inform you better.
Ann Matthew . I am wife to the prosecutor; my husband's watch was laying on the dresser in our kitchen last Thursday, there was no body in the house but a relation, myself, and the prisoner at the bar.
Eleanor Deady. I have known the prisoner three months almost, he had been at my house some time before with some sea-faring men, and last Tuesday he brought a silver watch and desired me to lend him five shillings upon it 'till he went home to his lodgings; I lent him five shillings; about two hours after he came in and asked me for more money; I said, if he had a mind to pawn it, there was a pawnbroker near he said it was an old family watch, and he would not lose it for ten guineas. Then he desired I would go with him, so we went together to Mr. Longarth's, he lent him a guinea upon it, and he payed me what he owed me for liquor, and what he borrowed, in the whole nine shillings and six-pence.
Q. Is this the watch?
Q. Was it taken in in the prisoner's name?
Deady. It was.
On Tuesday morning I was sent for by my commander capt. Thomas Lee , about eleven o'clock, he ordered me to go to his lodging, I did, and took water at Hungerford-stairs, and went to the prosecutor's house, being acquainted with her brother; there we had three or four tankards of beer, this was between nine and ten at night: I staid there all night. In the morning the man of the house and I had a tankard of purl, I staid there to breakfast; then we all three went down to a house where I had been well used; I staid a little and came up again; the watch was in my pocket; I believe I was a little disguised in liquor; Mrs. Matthew saw me put it in my pocket when we were at breakfast.
210. (M.) Alexander Nelson was indicted for that he, on the 11th of Feb. in the 22d year of his Majesty's reign, did marry one Mary Cowin , widow , and after, upon the 28th of June , in the 27th year of his reign, did marry one Sarah M'Coomb , Spinster . *
Q. Have you seen him since?
Q. Was there any body by at the time of the marriage?
Robertson. There were two men, their names are Jefferies and Caine.
Q. Did you hear the ceremony read over?
Robertson. I did.
Robertson. Yes, I did.
Sarah M'Coomb. The prisoner and I were married the 28th of June last, he pretended to be a jeweller.
Q. Where were you married?
M'Coomb. At May-Fair; we had a certificate.
Q. How long did you live together?
M'Comb. Six weeks afterwards.
Q. How came you to part so soon?
M'Comb. He made away with all my cloaths; and hearing he had another wife, I made application to my father and he took out a warrant and took him up.
Q. Have you seen his other wife?
M'Coomb. I have, four or five times; I saw her about five weeks ago.
Q. Did you hear the ceremony read?
Jefferies. I did; after it was over they came to my house in a coach.
Q. Did you ever see his first wife?
Jefferies. I saw her last week.
Drummond. I saw the prisoner in June last at Mr. Keith's, at May-Fair-Chapel; he was married there to one M'Coomb, [pointing to her;] I have been clerk to doctor Keith several years.
I lodged in her father's house; he and his daughter used to dine at his distiller's at Lambeth; he had this warrant granted; I had pawned my watch and every thing to support her, expecting a little money to maintain her in a short time, and having no money I lay a-bed pretty long in the morning. Accordingly, she tied up some things in a handkerchief, and I went and pawned them for twenty-five shillings. I do not deny that I married her.
George Capper was indicted for the wilful murder of Elizabeth, the wife of John Webb , Nov. 15 . He stood likewise charged on the coroner's inquest for the said murder. +
John Webb . I met my wife at St. Dunstan's Church in Fleetstreet, and asked her where she was going? she said, a great way: I asked her where? she fell a crying, and said, her mother was dead, and she was going to tell her grandmother. I said, I will go along with you; she said no, you have been up too or three nights, go home and get some sleep. I persuaded her not to go but l et me write a penny-post letter.
Q. Where did your grandmother live?
Webb. At Wandsworth near the Golden Anchor.
Q. When was this?
Webb. Upon the 15th of November about three o'clock in the afternoon. I went with her as far as Chelsea-horse-ferry by water, and there I handed her into the prisoner's boat, and agreed with him for 6 d. I gave him a pint of beer at the White-hart, and asked him, what time he thought she would be at home? he said, if God permit, she will be at home about seven o'clock.
Q. Where did you leave your wife?
Webb. I put her in at the horseferry a little after four o'clock, and agreed with him for 6 d. to carry her to Wandsworth and bring her back again the same day. I did not know the prisoner then, he said he knew old Harry Nichols , commonly called old Ball of Wax, which is my grandfather: I was very glad she was in the boat of a person who knew him. I stood by the water side and saw her as far as I could see. The prisoner was a sculler and there was no-body with him but my wife and himself; I did not see her any more till the Tuesday following, when I saw her lay dead at the Black-Lyon at Hammersmith.
Q. What day of the week did you put her in the boat?
Webb. On a Thursday. When I saw her on Tuesday she was all over mud, and appeared to have been drowned; both her hands were sodden, as the washer-womens hands are, but her hands were not tied then.
Prisoner. That is the man who put her in my boat and bargained for 6 d.
Q. Where do you live?
Webb. At Wandsworth. When the prisoner came he beckoned to me as I was standing at an alehouse, and said, he wanted to speak with me; I said, I would not come; he said you must, here is a young woman wants you; it was very dark, and the deceased said, you don't know me, grandfather: Yes, says I, I do. I took her to her grandmother; she said, she came up with the waterman that knew us both very well; and the prisoner came in presently after; I went and fetched a pot of beer and set out some victuals; then I went upon the plying-place and drank with the prisoner; he had cut some victuals before. When we came to the alehouse there was one Richard Sharp standing there, and he said, he did not care if he was a penny with us, upon which we had three pints of beer. I said, when they were ready, I would go and fetch her; they said, they were ready; I went and fetched her; Sharp was then got into the boat, and I handed her into the boat.
Q. What time was that?
Nichols. It was between seven and eight o'clock. She made a sort of a stumble after she was in the boat.
Q. Where is Sharp?
Nichols. He has absented himself ever since, when she went into the boat she sate close to Sharp; the prisoner said to me, give me a shove, which I did; he called London boy, and they went towards London.
Q. Did Sharp assist the prisoner?
Nichols. He did not.
Q. Were there any more than them three in the boat?
Nichols. There was not. The next day, as I was at work, a young man, whose name is Soaper, he is a fisherman, came to me, and asked, if there was not a young woman last night at my house.
Q. What time was this?
Nichols. It was between two and three o'clock.
Q. What did you tell him?
Nichols. I told him it was my grand-daughter; he said if it is she is drowned; I asked him how he knew that; he said, as he and some more fishermen were coming by St. George's, Surry, there came a man and asked them, if they did not come from London, they said, yes; and that as they were coming home a man came out to them and told them that the woman who came from Wandsworth last night was drowned. Upon Saturday John
Q. Did you see the body of the deceased?
Nichols. Yes, at the Black-Lyon at Hammersmith, upon the Tuesday or Wednesday after hearing the body was found.
Q. Was you there before the body was taken out of the water, and after her husband had been there?
Nichols. No, not till afterwards.
Q. Was she swelled when you saw her?
Nichols. She was not swelled much, but when I saw her face I did not know it; being shewn the cloak I knew that.
Q. Had she the appearance of a drowned person ?
Nichols. She had; and she had a colour in her face and looked very beautiful.
Q. Was her face swelled?
Nichols. It was a little swelled.
Prisoner. What he says is very true.
James Gold . I am a bargeman, but cannot say I know the prisoner. Upon Sunday the 18th of November, as I, my wife, and child, were coming from Chiswick to Hammersmith we heard of a drowned woman; I was determined to walk down to see her, and walked as far as the mud and water would let me go, and believe I went within four inches of my knees in mud, for I garter below knee and believe my garters touched the mud; she lay in mud and water, but over-hawling her very strictly I lifted up her head, and then came to her hands, and lifting up her left hand, as they both lay upon her breast, they both came up together; there was a cord came round her wrists and they were tied together.
Q. How near the shore was this?
Gold. 'Twas about twenty yards off the shore; I took out my knife and cut it, it was about as big as the lower end of a pipe, it was three stranded; she had two black hats on, her knees lay bare and laid up, I covered them; afterwards two burgemen taking her up, asked me, if I had made her fast; I said no; being afraid of coming into trouble.
Q. How long did she lay before she was taken up ?
Gold. From the Sunday to the Monday. I staid upon the wharf at Chiswick and saw the bargemen carry her to the Black Lion; I saw her there afterwards.
Q. When was this?
Catchley. 'Twas on the Thursday at the Black-Lion at Hammersmith; there were several more neighbours of us went at that time.
Q. Did you see any cord there ?
Gold. There was none; there were several more neighbours took notice of that mark upon her left arm.
Q. to Webb. Did you find any money in your wife's pocket ?
Webb. I felt in her pocket but found none.
Q. Had she any when you left her?
Webb. She might have 6 d. or 1 s. she was to pay the prisoner, she had likewise a large brass snuff box about four or five inches over, and a crooked King Charles's halfpenny, but she had nothing at all when I searched her: I went with these people on the Thursday.
Q. When was the first time you went?
Webb. 'Twas on the Tuesday.
Q. Did you observe the mark of the cord then?
Webb. I did not; I was informed the man that first saw her cut the cord; she tied a handkerchief over her hat when I left her?
Q. Were any of her clothes taken from her?
Webb. No, they were not; I saw the handkerchief (which was a very old thing) and the hat.
Q. to Gold. What did you do with the cord; is it here?
Gold. I threw it away with my left hand, so I have it not here: there are two men that heard the prisoner say her hands were tied, he was subpoena'd in the prisoner's behalf.
Q. Did he mention his name?
Ivers. He did, but I have forgot his name.
Q. Was it Sharp?
Ivers. No, it was not.
Q. Where was this?
Ivers. At Kingston, last Saturday was three weeks; I was upon the Jury, we could not come at where he set her down.
Q. What are you?
Ivers. I am a waterman; I remember it was a
Prisoner. I sent him word the very next morning, by a fisherman, that she sell overboard.
I found the wind blow so hard, I thought proper to wind my boat stern foremost; there was a great swell and a very dismal night; she rolled out of my boat, I laid down my seulls and put down my hand; I could not see her for it was such a dark night I could hardly see my finger; the other man and she both got up and endeavoured to turn their backs to the wind.
Q. How came that man in your boat?
Prisoner. I gave him a cast down.
Q. Where is he?
Prisoner. He is gone to sea.
For the Prisoner.
Abraham Dent . I keep the Spotted-Dog at Strand-lane, near Somerset-house; upon a Thursday night in November the prisoner and Richard Sharp came in, and after they had been in some time they said they had had a sad accident.
Q. How soon was this after they came in ?
Dent. I believe they might have been in five or six minutes.
Q. What day of the month was this?
Dent. I don't directly remember.
Q. Did you know them?
Dent. I knew Sharp before, but I never saw the prisoner before to my knowledge.
Q. What time was it?
Dent. I believe it might be about seven o'clock, but I cannot justly say what o'clock.
Q. Was it dark?
Dent. It was.
Q. What accident did they say they had?
Dent. They said they had lost a woman out of the boat; I asked them in what manner they lost her? they both of them said, they did not know how she was lost; I said, is it possible you can make me believe that? then they both said, they knew nothing at all how she did go out: Sharp said, he was looking another way and did not see her go. 'Twas a very windy boisterous night.
Q. What is become of Sharp?
Dent. I don't know.
Q. Do you know whether Sharp belongs to any ship ?
Dent. I do not know. I asked the prisoner why he did not go back to Wandsworth again, he said the wind blew so he could not; but he rowed about and felt with his hands in the water about half an hour.
Q. Have you ever seen Sharp since?
Dent. No, I never saw him afterwards; he said, he came from Wandsworth that day.
Q. What trade is Sharp?
Dent. He used to work upon the water, but I cannot say whether he had a boat of his own or not.
Q. How long had you known him?
Dent. I don't think I had known him above two months.
Q. Was this a boisterous night?
Dent. It was very boisterous; I don't know there has been such a night since. We had them both down to the watch-house that night, and they both set their names down there in a book. I would have had the constable take charge of them; but he said he saw no reason to take charge of them without I would give him charge. I left them there, but they were not stopped.
Robert Boyle . I was the first person who touched the woman, at a place called the Hope, at Hammersmith, on a Sunday night about four or five o'clock in the afternoon, just within the water, near the Hope; she lay with her head right down in the mud and all naked; I covered her cloaths over her back side, and turned her afterwards and looked over her, and to the best of my knowledge her hands were not tied.
Q. Will you swear they were, or were not?
Boyle. I cannot swear any otherwise, nor can I swear they were not tied; I just laid hold of one of her arms but never moved them; and to the best of my opinion they were not tied; I saw no cord at all, nor did I tie them. I believe there were a hundred people on the bank side at that time; I went to her with a fishing boat.
Henry Smith . Our barge lay at anchor at the Hope at Hammersmith; upon Monday morning there was a fishing boat came down, they shot at her with their nets to get at her; the net went over her and pulled some of her cloaths; we stept into our boat and took hold of her and had her upon shore; I threw her upon a piece of board and carried her up to the Black-Lion and laid her there; there were five or six of us carried her up, but her hands were not tied then.
Q. Were there any marks of a string upon her wrists?
Smith. I did not mind whether there were or not.
Smith. No, she never was.
Q. to Gold. When did you find the deceased?
Gold. Upon the Sunday, between five and six o'clock; there was nobody under shore when I found her.
Q. Did you see Boyl there?
Gold. I did not.
Q. How many times did the cord go round her arms ?
Gold. To the best of my remembrance three times round, it was tied in two seafaring knots, and her arms lay across her breast (he produced the knife with which he says he cut the cord.
John Jones . I lodge at the spotted dog; I came over the water about some business, there I saw the prisoner, I clapped him upon the shoulder, and asked him how he did? he was at first a little surprized; he made answer, and said, he was very uneasy about the woman he had lost over-night: I asked him how it came about, he said, as he was coming from Wandsworth, the wind blew very hard, and he was obliged to wind his boat stern foremost; that Sharp said to the deceased, let's get up, and move the seat forwards; this they did, and the woman was lost out of the boat; he said, he did not see her go over-board because his back was towards them.
Q. What are you?
Jones. I am a waterman.
Q. Is it usual for you to wind your boat when there are two persons in it?
Jones. Yes, if the wind blows very hard.
Q. Is it safer so than going the right way?
Jones. It is; I have done it myself with two people in my boat.
Richard Green. I live at Wandsworth at the Anchor, and have known the prisoner fourteen years; his character is that of a quiet fellow, he went out of my house with Sharp the night the woman was drowned, who is since gone off.
All the witnesses for the prisoner knew the man, who said he cut the cord, and gave him a good character and that of an honest man.
The Trials being ended the Court proceeded to give sentence, as follows:
Received sentence of death 6.
Transported for 14 years 2.
Transported for 7 years 44.
John Page , Richard Pippen , Thomas Hickman , Richard West , Thomas Rose , John Ralph , Elizabeth Cnowshaw , Hugh Pugh , William Saunders , George Selby , Mary Maxwell, Thomas Jenkins , Elizabeth Harwood, John Jennings , Ann Cartwright , Elizabeth Smith, John Tarrant , Edward Fitch, Matthew Kelly, Walter Knight , Franc is Dust, Joseph Riley , Timothy Carrol , Philip Gore , Mary Askew, John Philips , Hannah Wilson , Susannah Smith , Mary Tompson , John Rock , John Anderson , James Lapham , William Need, Francis Dunmal , Alexander Abrahams , William Gunnell , Sarah Bailey , Elizabeth Carter, John Morris, William Oliver , John Fogen , William Everland , Mary Walker , Francis Connor .
Just published by T. GURNEY, writer of these Proceedings, (price 8 s. bound) the second edition of
BRACHYGRAPHY, or Short-Writing made Easy to the meanest Capacity. To be had of all the Booksellers in Town and Country.
Also, The Apparatus, or Long Short-Hand, by the same Author. Price 2 s. 6 d.