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 Right Honourable Lord Chief Justice WILLES *, the Honourable Mr. Justice DENNISON + the Honourable Mr. Baron SMYTH || 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; also (L.) and (M.) by what Jury.
Jane - . The child's father and mother, Grimes and I, all live in one house let out into tenementsin John-Street, Westminster, numb. 10, and sitting at the door last Tuesday was three weeks, to the best of my knowledge, I saw Elizabeth Salter , the child, and John Grimes , go up the street together; but where they went I cannot tell.
Q. What time of the day was it?
Jane - . It might be between two and three in the afternoon. They had been gone about three hours, before I saw the child come back again. She set herself down over-against the door, threw her apron over her head, and looked very solitary, but I knew not what was the matter with her then; and last Tuesday was a fortnight the child was examined by a surgeon, whose name is Clark. She was very bad in her private parts, and I observed she looked to be very sore.
Q. Did she seem to be tore?
J. - . No, not very much, but looked very red and swelled.
Q. Did you see any blood?
J. - . No, none; but by her shift I saw she had a running upon her, though what that was I am not acquainted with.
Q. Is the prisoner a married man?
J. - . He is, and has been ever since he lived in our house, which is about five months; but how long before I cannot tell.
Q. Has he any children by his wife?
J. - . No.
Mary Salter. I am mother to the child.
Q. How old is she?
M. Salter. She was nine years on the twenty-fourth of March last. I went out to wash last Tuesday morning was month, I believe, at four o' clock, and left this girl at home in my room. I came home at eight to breakfast, and the child was there then; I went to work again, and sheJohn Grimes to gather some willow chunks; I gave her leave, and when I came home she was in bed. About a week after, putting her on a clean shift, I observed her linnen looked not as it used to do, and examining her about where she had been, she would not confess any thing to me.
Q. How did her shift appear?
M. Salter. It had like corrupted matter upon it. I tied her to one of the bed-posts to make her tell who she was with.
Court. You must not tell what the girl said, that is not evidence.
Q. Did you examine her body?
M. Salter. I did, and observed she had a very great sorness upon her.
Q. Was it inward or outward?
M. Salter. An inward sore in her private parts.
Q. Did you see a sore, or did you see something come from a sore that was out of sight?
M. Salter. I saw a running come from her, she was very raw and red, and the part was larger than before. I had the child examined by Dr. Harris, who said she had a bad distemper on her. After this the prisoner was taken up, and had before Justice Manleyand then the child was examined by Mr. Clark.
Samuel Clark . I am a surgeon, and was desired by the parents of the child to examine it on Monday or Tuesday last, but I do not know which, and I found it had got what we call a clap. Mr. Manley swore me, to whom I told the same.
Q. Did you see any other signs upon the child than the venereal disease?
Clark. I opened its private parts, but could not see any symptoms of force or violence.
Q. Can a clap be got without penetration?
Clark. I believe if any nastiness should lie upon a child's tender parts, it may be.
Acquitted , but ordered to be detained to be tried for an assault, with intent to commit a rape.
No prosecutor appearing, the prisoner was acquitted .
307. (M.) Hannah, wife of James Scelley was indicted, together with John Evans not yet taken, for that the latter did murder a person unknown, by cutting off his head, and the prisoner was aiding and assisting in the same. ++
Anthony Fonseccon . I am a watchman, and being on my stand, with my fellow watchman, in Half-Moon-Street, St. George's Hanover-Square , on the first of May , somewhat better than half an hour after two in the morning, there came by the prisoner and one John Evans (as she told us his name was): said Evans, You bitch, I'll make you remember keeping me out till this time of the morning; to which she replied, You vile rogue, this is always your way to use me in this manner. I observed the woman had a bundle in her arms, which she carried as if it was a child; I went up to her, took hold of her arm, and told her I must see what she had got; but she replied, Not you, you scoundrel. Upon this the man immediately took a pistol from the side of his coat, which flashed in the pan by the side of my cheek, but did not go off; then he dropt it and ran away. We took it up, and found it was loaded deep with swan shot. After this I took the bundle from her, and we took her and that to the watch-house. It was a sack, and in one corner of it was a white cloth all bloody; I unfolded it, and there was in it a man's arm, and the testacles of a man; and in the other corner of the sack was a man's head. We asked the woman a several questions, but she varied in her story. Last of all, she said a gentleman gave her sixpence to bring it from Kensington, and also that she had it of the man that got off, at the corner of a lane. We kept her all night, and the next day she said she had it from the Fox and Bell at Knightsbridgeand that a man gave her sixpence to bring it to Leicester-Fields. We took her before the vestrywhere she still continued to be in several stories, and said that her landlady sent her away with some bacon and greens to her husband, who was at work in the country; adding, that the man who got off overtook her, and gave her six-pence to bring this bundle. She said his name was John Evans , and that he lived in Monmouth-Court. The constable went there, and in the room where one Evans lived he found a child's hand, but the man was gone.
Q. Did the prisoner tell you her landlady's name?
Fonseccoa. Yes, and she came and contradicted what she said of the bacon and greens.
The foreman of the Jury. Some of my brother jurymen were upon that vestry, and they were very well satisfied the head was taken out of a church-yard. The trunk was found afterwards.
308. (L) Thomas Womersly was indicted for forging a certain acceptance, under the hand of James Dickson merchant of London, to a certain paper writing, purporting to be a bill of Exchange, and to have been signed by one John Richardson with intent to defraud Hinton Brown and Co. of the sum of 361. and also for forging a counterfeit warrant underneath the same, under the hand of the said Mr. Dickson, directed to the said Mess. Brown and Co. for payment, Nov. 15. 1753. +
Prisoner. My Lord, I have been tried twice already for this offence and acquitted, and I hope your Lordship will take that into consideration.
Court. Pray, Mr. Ford, how was this?
Mr. Ford, clerk of the arraigns. The prisoner, my Lord, has been tried twice, but not for the crime charged in the indictment. The first indictment charged him with having uttered the bill of Exchange in question, knowing the same to be forged, with intention to defraud Mr. Dickson: that indictment could not be maintained for two reasons; the first, because there was no such person as John Richardson, the supposed drawer of the bill; and secondly, it was not uttered with intention to defraud Mr. Dickson, but Mess. Brown and company. The second indictment against him charged him with having forged the acceptance of Mr. Dickson to a certain bill of Exchange, drawn by one John Richardson : and having laid such bill of Exchange as a true bill of Exchange, the prosecutor was called upon to prove is a true bill of Exchange, and consequently failed in his evidence. I never saw those bills till they had been preferred to the Grand Jury. The indictment now depending I have drawn by the order of the Court, and is totally different from those he has been acquitted upon.
Court. Your life was never in jeopardy for the offence you are now charged with - therefore proceed.
Richard Alnutt . On the 29th of December last being at Mr. Hinton Brown'sa banker in Lombard Street, and with him in a back room, his clerk came in, saying, This man is come again with another forgery; upon which Mr. Brown desired me to step forward with him into the shop, and taking with him this bill ( holding it in his hand) asked who brought it, and the clerk pointed to the prisoner. who was then in the shop. Mr. Brown said to the prisoner, Did you present this bill? he said he did: he also asked him who he had it of; he replied, of a grazier, a very eminent man in Lincolnshireand a man that came to Smithfield every market day; adding, that he was well known, and that his name was Thomas Jones . Mr. Brown said he had too much reason to believe it was a forged bill; and the clerk said, This is the man that brought the draught, two days before for 3 l. 10 s. Mr. Brown asked the prisoner if he was there two days before with a draught, but he denied it. Mr. Brown then sent for Mr. Dickson, and when he came the bill was shewn to him; he said, The drawer I know nothing of, neither did I order it for payment: and addressing himself to the prisoner, said, Mr. WomerslyI am very sorry to see you the presenter of it, but I had too much reason to belive it was you, from the description Mr. Brown's people gave of your person. He was then taken into a back room, where Mr. Dickson talked to him, and said, WomerslyI do not think you are the only person concerned in this, therefore you had better discover them, that some lenity may be shewed you, or you must be hanged for it. Mr. Dickson, and Mr. Brown had a good deal of talk with him, but he would make no discovery. Mr. Brown (being a quaker, would not take an oath) desired me to go with him before my Lord-Mayor, who examined the prisoner: there he denied knowing any thing of the forgery, but said he had it of this Jones, whom he before named. The bill was then presented to him, and he was asked if it was the bill he presented at Mr. Brown's for payment; he said it was. This was on the Wednesday. He was committed for further examination,
The Note read to this purport.
' Wakefield, Nov. 15, 1753.
' Mr. Dickson,
To Messrs. Hinton, Brown and son.
Q. Have you been used to keep cash with him?
Q. Look at this bill of Exchange; do you see the name Richardson from Wakefield? Have you such a correspondent there?
James Dickson . No, I do not; I knew the prisoner when he lived with Messrs. Simpson's on Tower-Hill, and he was clerk there some time, and at that time he had great many draughts from me to carry to Messrs. Brown and son.
Q. Look at this bill of Exchange, do you know that writing, or any of it?
Q. Has Mr. Dickson any correspondent by the name of Richardson, at Wakefield in Yorkshire.
Q. to Alnutt. If there is a direction on the bottom of a bill, as there is to this upon the banker, does that amount to a warrant or order for the banker to pay the money?
Alnutt. Without doubt it has.
Guilty , Death .
309. (M.) Elizabeth, the wife of William Negus was indicted for stealing one gold necklace, one coral necklace, one gold mourning ring, one gold ring set with a stone, one other gold ring, one silver spoon, one tortoiseshell snuff-box, one pair of shoe buckles, a silver snuff-box, and one silver thimble, the property of Joseph Mason and two silver shoe buckles, an oak cabinet, a printed book, called the Whole Duty of Man, and other things, which in the whole amounted to 2 l. 8 s. 6 d. the property of Hannah Painter in the dwelling-house of the said Hannah, Feb. 13 .*
Q. When did she come to lodge there?
Q. How long had she lodged there?
Q. Was the cabinet locked, or not?
She mentioned part of the things that were in the cabinet.
Q. Were all the things you have mentioned your mother's, or yours?
Q. Were there any thing else in this cabinet?
Q. Whose were they?
Q. Was not the Duty of Man there too?
Q. When did you see these things in the cabinet, and how long before she went away?
Q. Did you ever have any of these things again?
Q. When was the first time you heard of her?
Q. Did she ever confess it?
Q. Does your mother know more of this matter than you?
Q. Did she confess any thing?
Q. Have you any more witnesses?
The prisoner said nothing in her defence.
310. (M.) Mary, the wife of John Law , was indicted for stealing one linnen sheet, value 4 s. a linnen gown, value 7 s. a nankeen waistcoat, value 4 s. a dimity petticoat, value 4 s. and a linnen shirt, value 3 s. the goods of Geo. Frer , May 16 *.
Sarah Frer . I am wife to Geo Frer : the prisoner came to me as a servant on the first of this month, and on Thursday the 16th she made her elopement: I missed the sheet on the 13th, the gown on the Wednesday following, and the shirt she took from me the day she went away. She confessed where she had pawned them, and we have them all now.
Elizabeth Tucker . I am a pawnbroker (she produced part of the things ) I had these things from the prisoner at the bar; she brought the gown on the 14th, the waistcoat and petticoat on the 15th, the shirt was brought on the 16th; I lent 6 s. upon the gown, 4 s. 2 d. upon the waistcoat and petticoat, and 3 s. upon the shirt.
Q. Look upon the prisoner again - Are you sure she is the woman that brought them?
Q. Are you sure she is the same person?
Q. What had she upon it?
The prisoner said nothing in her defence.
Guilty, 13 s. 2 d.
Q. You know the rails were gone, don't you?
Arnold. Yes, I know there were two iron rails wrenched out from the rest next the street.
Q. When were they taken away?
Arnold. On Monday morning, the sixth of May last.
Q. When was it?
Greenfield. The first of May last, on a Monday morning about one o'clock, I saw him get the two rails out; I let him take the first away, and when he came to fetch the second, I held him till I got proper assistance, and took him down to St. James's Round house.
Q. Did you know him?
Greenfield. No, to the best of my knowledge I never saw him before in my life.
Q. When you took him to the Round house, did he confess any thing?
Greenfield. He denied it that night, but when he came before the justice, he said, why should I tell a pack of lies, I was the man that did it.
Q. from the prisoner. Did you catch that spoke in my hand ?
Greenfield. My Lord, he did the spoke and the first rail in a place called Bridewell-Lane, and when he came for the second, I took hold on him.
Thomas Walters . I was present when Greenfield took the prisoner, I saw the prisoner at work at the iron rails, and he went up Bridewell-Lane (we call it Dirty-Lane) and the next morning we found the iron rail and the spoke.
Q. Where are the rails, the rails are put up again?
The prisoner said nothing in his defence.
Q. What time was this?
Eliz. Vaughan. Between seven and eight in the morning.
Q. Did you know her?
Eliz. Vaughan. No, I never saw her before.
Q. Was your husband in the house?
Eliz. Vaughan. He was; he is a smith and was at his business; the prisoner came up two pair of stairs, and asked no questions of any one; I heav'd up my headand saw a strange woman in the room. I saw her take away the gowns, and go down stairs; she dropped both the gowns upon the stairs : she saw me in bedand heard me shriek. I cried after her as she went down stairs; I was in my shift; I went down to the door, and desired my neighbours to call out stop thief. My husband ran after her, and took her in a neighbour's house.
Q. from the prisoner. Did not you say that you was half-asleep and half-awake, and that you did not see me go out?
Eliz. Vaughan. My Lord, I said, that when she came into the room, I did not see her open the door, for I was between sleep and wake.
Rice Vaughan. I am a smith; I heard my wife cry out stop thief.
Q. Which way is it up into your room?
Rice Vaughan. There is a passage that goes through without coming into the shop. I followed the prisoner, and found her at a green-stall; a neighbour told me she ran in there; I desired her to come back again, for she had robbed me; when I brought her back, my wife charged these gowns upon her.
Q. to Mrs. Vaughan. By the opportunity you had of seeing her when your husband brought her back, Are you sure she is the same woman?
Eliz. Vaughan. I am sure she is
Q. Are you sure that is the woman?
I did not know my trial would come on to day, but if I had two or three hours respite, I have persons that has known me several years, who would come to my character. I deal at present in the fair.
Guilty 10 d.
Alex Stephenson . I live in King-Street, Grosvenor-Square . On Wednesday the 22d of May I lost two shirts and a shift; they were hanging to dry in my yard; the prisoner was coming out at the door with them; I went to stop him, he let fall a bag, which he had put them in; I took up the bag, and found them, and a book in it. (Produced in court)
Q. Are you sure they are your goods?
Stephenson. They arethere is an S upon them: I pursued the prisoner, and took him.
Q. from the prisoner. Is your name upon the shirts; shew it to the court?
Stephenson. There is the mark (showing it.)
Court. Is that hook a thing that can be made any good use of?
Stephenson. It appears to be a butcher's hook.
John Drurey . I was up a setting out a post-chaisethe last witness called out stop thief: I stopped the prisoner, he fell on his knees, and begged for mercy, saying, it would ruin him, and he should strave in goal.
I am took at a nonplus, so that I have nobody here to speak to my character; I have nothing to say.
314. (M.) Susannah Howard , spinster , was indicted for stealing four pieces of gold coin, called guineasand 7 s 6 d. in money, numbered, the money of Barnard Goodchild , in the dwelling-house of the said BarnardApril 29 . ||.
Barnard Goodchild I live at the Cherry tree, in Kingsland road . The prisoner was a servant to me upwards of six months, and lived with my wife mother upwards of five years. I was out at the time of the robbery: she was carried before justice Chamberlain.
Q. Did she make any confession, or was there any taken in writing?
Q. Did she sign it ?
Q. When was it you saw it?
Marry Goodchild. As near as I can guess about the hours of three and four, and between four and five I missed it: the keys were found by the prisoner.
Q. What do you mean by by her?
Q. Did you leave your keys in your drawers?
Q. Had she none before?
Q. How do you know that?
Q. How much money was there found upon her?
Q. Did you ever find any of your guineas again?
Q. How came she to lay upon the ground?
Q. What business do you follow?
Q. Have you been brought up to any business?
Thomas Hankey . Yes, to a distiller. The prisoner desired me to go up stairs with her, saying, she would find some of the money if she could: she found 3 s. 6 d. and gave it me in my hand, and I gave it her mistress; that is all I know.
The prisoner said nothing in her defence.
Amey Atkins. Mr. Wildgoose is my masterhe is an embroiderer . On the 24th of April my master lost a spoon from his house; there were two R's upon it.
Q. How came it to be two R'sthat does not appear to be his name?
Amey Atkins. I cannot say.
Q. Did you ever find the spoon again?
Amey Atkins. No, we never did.
Q. Where was this spoon?
Amey Atkins. It was in the area. The prisoner is a brewer's servant , and came with beer; I was in the place before the prisoner went in, and the spoon was there, and when he came down it was gone. When I missed it we went to the brew-house, and when we came there we found he did not live there, he only came to help the men down with beer.
Q. When he was taken, was there any thing found upon him ?
Amey Atkins. No, there was not.
Q. Did he confess any thing?
Amey Atkins. When he was before justice Trenthe said he sold it.
Q. Did he make any confession that was taken in writing, and signed by the prisoner?
Amey Atkins. I cannot say, I believe not.
Q. Did he say he sold the spoon?
Amey Atkins. He said he sold it to a jew for two shillings.
Q. What sort of a spoon was it?
Amey Atkins. A table-spoon.
I leave it to the mercy of the court.
There was another indictment against him, but that not being laid capital, he was not tried upon that.
316. (M.) Mary Taylor spinster , was indicted for stealing 10 gross of mohair buttons, value 40 s. and one pound weight of twist made of silk and mohair, value 16 s. the property of James Winter May 18 .*.
James Winter . I live in Drury-Lane, and am a button-maker : I lost a large parcel of buttons, there were 47 bags, which if they had been full, there would have been double the quantity. I lost 10 gross at leastand a pound of twist; I found them again in the custody of the woman that received them : her name is Mary Painter ; the prisoner sold them to her: the goods are now in the constable's custody.
Q. to Winter. Are these your things?
James Fitzhenry . They are, but my name is taken off the bags, and their own put on.
Constable. My Lord, the girl confessed she sold all the things to the old gentlewoman, and she did not deny it.
Winter. My Lord, she told me she would pawn her apron to make it up to me. I asked her what she had for the things; and for things that stood me in three-pence halfpenny, she said she gave her a halfpenny for; and a bag of buttons, which stands me in five shillings and six-pence, she bought for three pence halfpenny. She said Painter gave her gin and beer, and made her drunk, and said, if she would bring her goods, she would buy them, and she should live with her I lost several other great quantities of goods; they were found in the custody of Mary Painter .
I took the prisoner out of charity as a servant .
Q. to Venables. Are these your property?
Venables. They are: here is on them Venablesat the Bedford ArmsCovent Garden.
Q. to constable. Were had you these dishes?
Constable. I had them of a pawnbroker: the prisoner confessed before justice Fielding that she had pawned them for 1 s. 6 d. or 2 s. I know not which.
Elizabeth Smith . I live in Covent-Garden; the prisoner is a basket woman, and used to ply about the market; she once carried goods for us. My husband is a poulterer, and served Mr. Venables with poultry: this pewter lay in a feather-tub a great while in our apartment.
Q. Do you know whether the prisoner brought them there?
Eliz. Smith. I do not, but I heard her say she stole them from out of the apartment, and that they were Mr. Venable's dishes, and that she pawned them with Mr. Marriot, where they were found.
The prisoner had nothing to say for herself.
Edward Gilbert . My master keeps a publick-house, the White Hart, at Temple-Millsnear Hackney , his name is Green. The prisoner came in the evening and called for a tankard of twopennyApril 26, and going to go away about eleven at night, my master told him he might he there, it being very late: he staid and laid in the room where I did : my breeches hung on the chair by the bed side. I did not then know he had stole them, but when I saw him some time after, he had them on.
Q. Are you positive they were on a chair in your room that night the prisoner lay there?
Gilbert I am, my lord.
Q. Did you charge him with taking them?
Gilbert. I did; he told me if I would go with him he would give me them again, or pay me for them.
Q. Did he own he had taken them?
Gilbert. He said he had left his own breeches in my room, but I could not find them.
Q. What money did he promise to give you for them?
Gilbert. The money they cost me, which was three half crowns.
Prisoner. I left my breeches in the room instead of them; I was very much in liquor.
Q. to Gilbert. Was you asleep when he went out?
Gilbert. I got up and went out before the prisoner.
There was another indictment against him for a single felony, but he was not tried upon that.
No prosecutor appearing, she was acquitted .
The prosecutor not appearing, the prisoner was acquitted , and the recognizance ordered to be estreated.
The prosecutor not appearing, the prisoner was acquitted , and the recognizance ordered to be estreated.
Lucy Skate spinster , was indicted for stealing 15 yards of silk ribband, value 4 s. the property of William Jones May 8 . ++ .
William Jones . I am a haberdasher and live at Holborn-Hill . On the 8th of May the prisoner at the bar came into my shop; my servant charged her with stealing a piece of ribband: I came to him, he said, he saw her put a piece of ribband into her pocket; she drew a piece out of it; I said, perhaps she may have more: I took up her pocketand felt a piece through it. My servant will give you an account of the first piece.
Q. How many yards was that you found in her pocket ?
Jones. It was about 10 yards.
Q. Are you sure it is the same ribband?
Jones. I am sure it is mine, here is my mark upon it. (Produced in court.) She was carried before the sitting Alderman, and there confessed she stole it, and that the woman that came with her persuaded her to do it: there was another woman that stood at the door. I believe my servant can give the court a more satisfactory account.
George Westley . I am servant to Mr. Jones. I saw the prisoner, as she was in the shop, put a piece of ribband in her pocket; I went and acquainted my master with it: this is the piece that is here produced.
I went to buy some ribband, and laid my handkerchief on the counter, and took it up in it unknown to me. I had bought one piece, that was in my pocket.
For the Prisoner.
- Kemmish. I have known the prisoner 15 or 16 years, I never knew any dishonesty by her till this affair.
- Mund. I have known her about two years, I never heard any bad character of her.
Thomas Gillham . I saw the prisoner take a handkerchief out of Mr. Penrice's pocket as he was bargaining with a hackney coachman; the prisoner turned round the coach, I called to the next witness, who secured him.
Q. Did the prisoner attempt to run away?
Gillham. No, he did not seem to think I observed him.
That young man came to me as I went round the coaches, and took hold of me, but I did not know what it was for.
Thomas Darby . I keep the Crown Alehouse in Cock-Alley, near Ludgate . On the 7th of this month, about a quarter before eleven o'clock, it was in a little box near the window, next the street; the prisoner was there at that timebut I did not see him take it away. I have another witness to prove that I have known the prisoner some time.
Eleanor Clapton . The prisoner at the bar was at Mr. Darby's house May the 7th; he gave me a shilling to change to fetch a pennyworth of cheese : I left the tankard before him, and when I returned he and the tankard were gone.
Q. Have you ever seen the tankard since?
Q. Did you ever hear him confess the taking of it?
Matthew Nelson . I live in the prosecutor's house; Black and another man came into our house, the other man said he would have no drams; they called for a tankard of beer, I went and fetched it, and put it on the table, and went awaythen the other man went out, and Black had got a shilling in his hand: Eleanor asked him if he wanted change; he said no, Nell, go and get a pennyworth of cheese, and when she was gone he went away.
Q. Did you ever see the tankard in his custody?
NelsonNo, I did not.
Q. Did you ever hear him confess taking it?
William Robson . On Wednesday the 8th of this instantabout seven in the morning, I was standing at my door, and saw the prisoner at the bar coming at a little distance on the opposite side the street with something in his hand; when he came up to my door, he said to me he wanted some money, and laid this tankard down on the counter; I having known the prisoner some time before, I asked him who that tankard belonged to; he said it was sent by a creditable person that did not care to come with it himself. I weighed the tankard, but not very exactly : he said he wanted 6 l. upon it; I said it was lending five shillings an ounce upon it; he said that the person could not do with out 6 l. and on Saturday night I should have my money again. I lent him 6 l. upon it about seven o'clock the same evening. I received an advertisement from Goldsmith's-Halland had some reason of suspicion of this being it which was lost. I went out the next morning in quest of the prisoner: he came into my shop while I was gone; I returned, and shewed him the advertisement; he said he had it from a creditable housekeeper, and if I would go along with him, I should have my money again; but I sent for the officer, and took him up.
Q. After he was taken up, did you hear him confess he stole it?
Robson. No, I did not.
James Robinson . I am constable. I was sent for on the 9th of this instant to Mr. Robson's the pawnbroker; he told me he had stopped a tankard, and had the person in his house, and desired me to take charge of him and the tankard, which I did. ( He produced a tankard.)
Q. to Robson. Is this the tankard you gave into the care of the constable?
Robson. It appears to me to be the same tankard which I received at first: when I stopped it there was the remains of the letter T on the handle, which I cannot perceive now, but by the maker's name and the rim I believe it to be the same.
Q. to Darby. Look at this tankard, Is this what you lost?
Q. You say you had known the prisoner at the bar some time before, What was his character?
Robson. I believed him to be a very honest manor I would not have taken the tankard of him.
Q. Did he not bring it to you publickly, as though he came honestly by it?
Robson. He brought it in his hand in the publick street; I saw him 40 or 50 yards distance from me with it.
Q. You say the remains of the letter was on when you took it in?
Robson. When I came to read the advertisementI made use of my spectacles, and thought I saw something of the remains of it, but I cannot particularly say.
Q. What was the weight of it?
Robson. The weight was 25 ounces one penny weight, which was in the advertisement.
Q. What did the tankard weigh?
Robson. It weighed 24 ounces and an half, or three quarters, or thereabouts.
Q. Did he tell you he would carry you to the housekeeper that belonged to it ?
Robson. Yes, he did, but I did not go with him.
For the Prisoner.
William Crookshanks . The prisoner at the bar has worked for me above four years; the time he has worked for me he has behaved himself like an honest man, I never found any thing amiss by him, nor suspected him of dishonesty.
Samuel Grant . I am a cabinet-maker and joiner; I have known the prisoner upwards of 20 years, he always had a very good character as far as I know, and I never heard any thing to the contrary, but that he was a downright honest man.
Jonathan Welebel . I believe it is seven years since I first knew him; his general character was a very good one: I should not have scrupled to have credited him with any thing. This is the first ill thing that ever I heard of him, and was surprized when I heard of it.
John Himous . I have known the prisoner rather better than five years, he has lodged in my house, he has done a great deal of business for me, and have trusted him with several sums of money; he always behaved well at my house.
Q. Is he a man that can get his bread without thieving?
Himous. I am a cooper; he is a carpenter I believe we both can.
Jonathan Hoskins . I have known him seven or eight years, and have employed him several times to do business in my house, and he always behaved like a sober honest man.
325.(L.) Charles Gray was indicted for stealing one piece of superfine woollen cloth of a claret colourcontaining 26 yards, value 18 l. the goods of William Dalmear . It was laid over again for stealing 26 yards of woollen cloth, value 18 l. the goods of persons unknown, July 13, 1751. ++.
William Dalmear . The cloth was assigned to me to sell by commission. I am a Blackwell-Hall factor and it was deposited to us in order to sell it, and Christ's-Hospital is accountable to us for it if it should be lost out of Blackwell-Hallbut I am accountable to the maker. When we missed this piece of cloth we examined our standing over, and could not find it; and am always accountable for it till it is paid for.
Q. What time did you miss it?
Dalmear. I missed it between the 4th and 11th of July, in the year 1751.
Q. What is the reason you never prosecuted before?
Dalmear. The people at Blackwell-Hall had bills printed and dispersed about, that if it was exposed to sale, or the like, it might be stopped; and a pawnbroker came to Blackwell-Hall, and said she believed she had it at her house.
Q. How long after you dispersed these bills was it that you had intelligence of it ?
Dalmear. I believe within two months; but that was two yards and a quarter, only part of it, as it appeared by the colour; and as near as I can judge by the manufactory of it, I believe it to be part of what was lost.
Q. What was that pawned for?
Dalmear. For eight shillings.
Q. What was it worth?
Dalmear. It was worth 30 or 40 shillings.
Q. When did you hear of it?
Dalmear. I cannot say whether it was a month or two after I missed it; we cannot prove who stole it. It has remained at Blackwell-Hall ever since, to this time. I have compared it with the pattern, and apprehend it to be part of the same, but how that came to be taken away, I cannot tell: I cannot fix any thing upon the prisoner.
Q. Is this the piece?
Q. Does this piece of cloth answer to that for quantity?
Q. Is this the colour of that you took in?
Q. What did you lend upon it?
Elizabeth Belamy . I lent eight shillings upon it: (she held an advertisement in her hand.) This advertisement was brought to my house, and I went to the Hall, and said, I had taken in a bit of cloth for eight shillingswhich was of a claret-colour. I was asked where I lived; I told them: they came after that, but I was not at home, my husband was: they desired to know whether I would let them have the cloth: they had it, and paid me eight shillings. There was a ticket upon it, put there by a little boy that I had: they took it away with it.
Q. Did you deliver it to Mr. Dalmear?
Q. Did you ever carry a piece of cloth to Eliz. Belamy's to pawn?
S. Humberston. No.
Q. Did you ever pawn any thing with her?
S. Humberston. No, never in my life, not to my knowledge.
Q. to E. Belamy. Is this the woman that brought you the cloth?
E. Belamy. To the best of my knowledge she is: she had been two or three times at my shop before that, but I did not know where she lived.
Q. to Humberston. Speak the truth, it will not hurt you?
S. Humberston. I do not remember ever pawning the cloth, or any thing like it, in my life: when Mrs. Belamy first saw me, she could know nothing of menor I of her.
Q. Look upon the cloth?
S. Humberston. I have seen it three or four times.
Q. When was the first time you saw it?
S. Humberston. When I was last sent for.
Q. When was that?
S. Humberston. Last week I believe.
Q. Upon you oath did you never see that cloth above two years ago?
S. Humberston. No, Sir, not to my knowledge.
Q. Did you ever carry such a piece of cloth as that is to pawn ?
Q. Upon your oath when was the first time you saw that cloth?
S. Humberston. Last week, when the gentleman sent for me. I never saw it before to my knowledge.
Q. Recollect; you say you never carried any thing to Mr. Belamy's to pawn, is that true or false?
S. Humberston. No, I never did, to my knowledge.
Q. to Elizabeth Belamy. Upon your oath has this woman ever pawned any goods at your house ?
E. Belamy. I believe she pawned this cloak (producing one) for three shillings.
Q. Upon your oath do you believe she did?
E. Belamy. I believe she did.
S. Humberston. I don't know the cloak; I had such a child's cloak, but there was a slit up behind.
Q. What became of that?
S. Humberston. It has been to Mr. Wilson's several times, but I don't know whether the cloak is mine or not.
Q. How can you say so; the woman says you pawned it with her, and you say it is not your cloak?
S. Humberston. My Lord, I never pawned any thing there as I know of, for Mr. Wilson was the only person that ever I pawned any thing with.
Court. Regard what you swear; look upon it, and see whether it is your cloak or not.
S. Humberston. I cannot swear to it.
Q. Did you ever pawn a child's cloak?
S. Humberston. Yes, to Mr. Wilson, please your Lordship; though I never went with it myselfbut always sent the girl.
Court. Mrs. Belamy swears she knows you, and that you have pawned things with her.
S. Humberston. I cannot help that.
Q. How can you say the cloak was pawned at Wilson's, if you don't know where the girl went?
Q. Is that your child's cloak, wherever it was pawned?
S. Humberston. I cannot swear to the cloak; but if it was my child's cloak, it would have a slit up the back, which this has not, though they say it has been fine drawn.
Q. How are you certain the cloak was pawned to Mr. Wilson ?
S. Humberston. I cannot tell any further, than that I sent the child with it.
Q. How many pieces of cloth have you carried to Wilson's?
S. Humberston. I do not know; but I carried several remnants.
Q. Where had you them?
S. Humberston. From the prisoner at the bar.
Q. Did you ever pawn any cloth of this colour?
S. Humberston. No.
Q. What business is the prisoner, and how did he get his livelihood?
S. Humberston. He got his livelihood at Blackwell-Halland was a porter there.
S. Humberston. No, Sir.
Q. How many colours have you ever carried ?
S. Humberston. I cannot say to any other than claret and scarlet colours.
Q. I have asked you over and over again, and I desire you will recollect yourself when it was you first saw the cloth? - Take care, and answer upon your oath.
S. Humberston. On Wednesday was sev'nnight, to the best of my knowledge, I think it was.
Q. Have you seen this remnant?
Hobley. I have.
Q. Do you remember seeing that before?
Hobley. I remember seeing something like it, but cannot positively swear to the colour.
Q. Do you remember selling two yards and a quarter for him of that kind of cloth?
Hobley. No; but to the best of my remembrance I sold four yards and a half of that cloth, or a sort much like it.
Q. Look upon that piece of cloth; when was the first time you saw it?
Hobley. On Wednesday was sev'nnight.
Q. Did you never see it before?
Hobley. I cannot positively say that; but what I had from the prisoner I sold.
Q. Can you swear, that the four yards and a half which you sold were a part of this cloth?
Hobley. I cannot, but it was very much like it, and to the best of my knowledge I think it of the same.
Dalmear. There were twenty-six and a quarter.
Q. Does it answer to the descriptions of the advertisement ?
326, 327. (L.) Elizabeth Preston , otherwise Tachbourn spinster , and Mary Phillips , spinster were indicted for stealing one gold watchvalue 10 l. 10 s. one watch chain, value 6 s. and sixteen shillings in money numbered , the goods and monies of Samuel Woodcock , May 19 . +
Samuel Woodcock . I live upon my estate at Stoke-Newingtonwhich also is situated there, and on Saturday sev'nnight last, as I was going from Mile-End home to Stoke-Newington, my hat blew off, so I got off to pick it up.
Court. What then you was on horseback?
Woodcock. A mare backan it please you, my Lord. Then my mare got away, and as I was walking down Whitechapel, looking for my maremuch about Whitechapel bars I met with these two women. I was a little in liquor, and on their asking me if I would give them any thing to drinkI replied I would treat them with a pot of gin hot; upon which they took me down Petticoat-Lane, I believe, and one of them said I should go to her lodgings.
Q. Where did you go?
Woodcock. I went into Honey-Lane to one of their lodgings (though I think they said they paid for the room between them), and we sent for the pot of gin hot from the Black Horseor Black Lion, but which of these I cannot be certain. After this, my Lord, I agreed to give them half a crown apiece to lie between them both, and we went to bed accordingly: - but to tell you the truth, my Lord, I was not concerned with them - when I awaked in the morning, which was about four o'clock, I found I had lost my waistcoatbreeches, and stockings.
Court. There is nothing in this indictment but the watch and chain, and sixteen shillings, therefore confine yourself to that.
Woodcock. I lost my watch and chain, and sixteen shillings and sixpence, according to their confession.
Q. Then you dont't know what money you had in your pocket ?
Woodcock. It was something thereabouts. When I had got my breeches and things, my mare was got home.
Q. When did you go away ?
Woodcock. I went away in the morning.
Q. Where were the women ?
Woodcock. They were gone.
Q. Where did you find your watch?
Woodcock. I found it in the possession of a Jew, and it is now in the constable's hands, whose name is Daniel Hambleton . When I went to bed, my watch and money were in my pocketbut when I awoke in the morning, there were neither watch nor money; and I thought likewise I had lost my breechesbut I found them underneath the bed.
Q. What place was this where you went to; do you know the name?
Woodcock. It is Honey-Lane, but I don't know whose house it was. There were a great many lodgers in it.
Q. Did not you complain to any body about it?
Woodcock. I did to several people, and they were taken up on the Sunday.
Q. When was it you was there?
Woodcock. On the Saturday night, and I went to see them in the Counter on Sunday night, at which time they confessed it.
Q. Did you know them again ?
Q. Did you get the watch from her ?
Q. What did they confess ?
Woodcock. They confessed they took it, and that one was to carry it to pawn, and the other to have part of the money. They began to quarrel about it, and charged one another with the fact. They also said that one of them had got her hand in my pocket, and that the other ordered her to let me alone, for that she had got my load; by which I suppose she meant my watch and money.
Preston. Did I ever own I took your watch?
Woodcock. She did not; she said the other took it, the other said she took it, and thus they charged one another with it.
Hambleton. I carried them to the Counter, when I understood there was a robbery committed. There Mary Phillips acknowledged she was the person that picked the young man up, and that Elizabeth Preston insisted he should go to her lodgings. When they got him home, she said he sent for some liquor for them, and that he then refused to go to bed.
Q. Did you hear them speak any thing about the watch or money?
Hambleton. Yesmy Lord, Mary Phillips told me, that in the morning as she lay in bed with the young fellow, she felt the other gropeing about underneath him, and asked her what she was about; she repliedHold your tongue, for I have got his load. Phillips said she saw Preston take some money, and put it into her shoe.
Q. What did Preston say?
Hambleton. Preston was not taken by me that night, so I did not see her till five or six o'clock the next morning, when they came and knocked at my door.
Q. Who came and knocked at your door?
Hambleton. This Jemmy PlumpI think they call him. I got up, and they desired me to go along with them, for that Preston had told them where the watch was.
Q. Did you see her in custody at any time?
Hambleton. Yes, on Monday morning. I went along with her to the Jew's house where she left the watch, whose name is Solomon Sampson , but he was gone out, so we went to Duke's Place, and other placesto look for him.
Q. Did you ever see the watch?
Hambleton. No, not till it was delivered to my Lord-Mayor.
Q. Who delivered it to my Lord-Mayor?
Hambleton A person the Jew sent with it.
Q. Did you hear Preston say where the watch was?
Hambleton. I heard her say she had left it with the Jew. He produced the watch.
Q. How came you by that watch?
Hambleton. My Lord-Mayor gave it me.
Q. from Preston. Did I own I carried the watch to the Jew?
Hambleton. She owned that she and one Nell Riley went to the Jew to sell the watch; and I heard Preston say further, that the Jew had agreed with her to give ten guineas for it; that the Jew said he had not all the money, but that he would go and borrow it; that he went and left them in his room, but presently returned, and said the watch was advertised and stopt; and that Preston d - d him for a Jew son of a bitch, and asked him how that could be, when it was past twelve o'clock.
Q. When was it she went to the Jew?
Hambleton. On Sunday, as I understood her: but here is a man in the Court, to whom she confessed it before she did to me. They call him Plump, but his name is Bradbrook.
Q. Have you heard these women, or either of them, declare any thing in relation to this watch?
Bradbrook. I heard the constable had the other in the alehouse, but what she said I did not hear.
As Phillips and I were going through Black-Horse-Yard, Whitechapel, we met with Mr. Woodcock, who said he had lost his mare, and that he was looking for her. He laid hold of us, upon which we asked him if he would give, us any thing to drink, and he replied he would with all his heart. He insisted on going home to our appartment , for that he was tiredand more fit for sleep than any thing else; so we took him home. When he came into the room, we asked him if he would give us any thing; he sent for a pot of hot, and in the mean time he was for undressing himself and going to bed, but before he was quite undrest, he wanted to have projects and fancies shewed him, which are things that were not at all agreeable; on this we were obliged to tell him one way, and make him think another. He then undrest himself, and insisted on going to bed with us both, giving us. half a crown a piece for that purposeand we went to bed to him. Being abed and asleep, there came one Mary Strutton up into the room, who awaking us, told us the watch and constable were coming, and knowing the constable to be a very rigid man, we for fear of him got up from Mr. Woodcock, and went down stairs; and when we were down stairs, Mary Phillips and I went to have a pot or two of drink together, and we drank till we had spent our half crowns apiece. When we had so done, I found myself greatly disguised in liquor, and in the morning, whilst I was sitting in the publick house, there came one Eleanor Riley , who said a gentleman had been robbed so and so, to which I replied that I knew nothing of it. She had been up into the roomRebecca Holding , and they went there to have a pot of ale. In regard to Mary Phillips , I asked her if she said that I should say I was getting her the load, and she declared that she never said any such thing. I believe she never could with justice, but they made her drink liquorin order to swear my life away for the sake of the reward: and they proffered to give her money. Eleanor Riley carried the watch to the Jew after this gentleman was gone from my room, for she came and asked me if I would go to Drury-Lane; I accordingly went with her to one Sampson's a Jew, a man whom I never saw before or since; she took him into a private room and talked with him, but I do not know what passed between them. After they came out Mr. Sampson put half a guinea into her hand, and she delivered that watch, or a gold watch, into his hand; he then went down stairsin order to borrow more money to give her, but returned in about two hours, and said the watch was stopt. There was no living creature there but Eleanor Riley and myself, for he would not suffer any body to come in besides.
I know nothing at all of it; I never saw the watch.
Q. to Woodcock. When you awoke in the morning, I think you say these two women were gone?
Woodcock. There was a staple broke off the door.
Q. Did any body come up?
Woodcock I was pulling the bed about to look for my things when Nell Riley came up (though she was but once up); she said, Moll and Sue get up, and let us take a walk to Stepney. She stood still and laughed at me, but I said I should find them.
Woodcock. I don't know her name, but that is the woman that sent for the pint of ale.
Woodcock. About ten minutes, or more.
Q. to Woodcock. Who was it you saw in the Counter on Sunday night?
Woodcock. Both the prisoners.
Hambleton. On Sunday Night, on our way to the Counter.
Q. Was Preston in custody in the Counter then?
Hambleton. No, she was not in the Counter till the Monday.
Q. Are you sure she was not in the Counter till Monday?
Hambleton. I cannot take upon me particularly to say.
Both acquitted .
328. (L.) Elizabeth Barrat , widow , was indicted for stealing four linnen sheets, value 10 s. the property of the mayor, commonalty, citizens and governors of the house of the poor, commonly called St. Bartholomew's Hospital , May the 10th . + .
Elizabeth Gundry . I am a servant to St. Bartholomew's Hospital, by being a nurse there, but do not know when the sheets were lost: there are a great many lost, and these were brought to me by Mr. Brewin, a pawnbroker.
Mr. Brewin. I live at the corner of Hosier-Lane, Snow-Hill, and there were two sheets taken in by my journeymanone by my apprentice, and one I took myself.
Q. Did the prisoner bring any to you?
Brewin. Yes, my Lord; on the tenth of May she brought one. which I stopt. The sheet produced.
Q. Is that it?
Brewin. It is, and this is the mark which I know it by (which was an S ); she brought another this day three weeks, which I stopt.
Q. Did you lend any money upon it?
Brewin. No, my Lord, but she brought me one on the sixth of May, which I took of her, and lent two shillings on it. That also is here. It was produced.
Brewin. I don't know that.
E. Gundry. That sheet is marked with an S, and there is none but what belongs to my ward that is marked with an S.
Q. to Gundry. Is that sheet part of the linnen that was under your care?
E. Gundry. I am sure it is.
Q. to Brewin. You say you stopt it?
Brewin. I did, and sent my servant up to the hospitalhaving heard that many had been lost from thence. Whilst he was gone, my spouse, as she was looking out of the windowsaw Mr. Timmswho is clerk to the hospital; upon which I stept out and called him: he came back, and left the beadle in care of the woman. We went before Alderman Alexander, and he committed her to the Counter.
Q. to Gundry. Do you know the prisoner?
E. Gundry. She was as a watch in the hospital to sit up of nights.
Q. Are you sure this sheet belongs to your ward?
E. Gundry. Yes, and belongs to the governors of the hospital.
The prisoner said nothing in her defence.
Guilty, 10 d.
329. (L.) James Lee was indicted for stealing two linnen sheetsvalue 5 s. one pillowbier, value 6 d. one windowcurtainvalue 2 s. one brass candlestick, value 6 d. the goods of Thomas Barber , in a certain lodging room let by contract, to be used by the said James, May the 10th . + .
Martha Barber . I am wife to Thomas Barber , and live in the Minories. The prisoner was my lodger, who came to me on the sixth of May, and asked what rooms I had to lett; I answered that I had one at three shillings a week, and he replied that was too much; but on the Tuesday he came and hired a lodging of me. This was on the eighth of May.
Q. How long did he stay in this lodging?
Q. When did he leave the lodging?
Q. What goods were there gone out of your lodging?
Martha Barber . I went in the afternoon to make the bed, and missed the pair of sheets, the pillow-case was ripped off, the window curtain gone, and the brass candlestick I gave him to light him up to bed; he did not take the blankets. When we had him before justice Withers, he denied that ever he saw me, and said, he did not know the Minories. When he came to take the lodgings, I asked him what trade he was, he said, a working silversmith: says I. where do you work? he said at Jone's, near Shoreditch. After I missed the things, I went on the Saturday morning, and there was no such person as Mr. Jones there. I went from one end to the other, and enquired at all the silversmiths.
Q. from the prisoner. Did not you see me go out every time I was there?
Thomas Barber . I got up about half an hour after the prisoner, and went down, and found the key in the parlour, where my wife had ordered him to put it when he went out. My little boy saw the prisoner sitting in a ring in Moorfields on the Saturday; I went there, and took him, and carried him before justice Rickards, and because I could not give the clerk a shilling for the warrant, we could not have no hearing there.
Q. from the prisoner. Was not the door left open at all hours in the night?
Court. What door do you mean ?
Prisoner. The street door; the shop is shut of nights, and they always come in at the back door out of the square, the street door being always fast.
I never took the things: when he took me in Moorfields he charged me with the theftand kicked and abused me very much; I told him if I was ever such a thief, he was not to kick me about, the law must take hold on me. I am a house broker by trade.
330. (M.) James Tobin was indicted for stealing five linnen sheets, five linnen shifts, three aprons, three linnen pillow cases, one dimity mantleand one diaper table-cloth, valued in the whole to upwards of 4 l. the property of Nicholas Poor , in the dwelling-house of the said Nicholas, May 16 . + .
Sarah Upington . I am servant to Mrs. Poor. On the 17th of this month the prisoner came to our house to work; he is a plaisterer . My mistress having business to do abroad, she desired me to look after this man, for she heard a bad character
Q. How long was you absent?
Sarah Upington . A little better than a quarter of an hour: when I went into the room he had buckled the strap over the key-hole; I unbuckled it, and there was a piece of a key broke in. The prisoner desired I would let the trunk be therefor he had occasion for it to put his scaffold upon: I told him any thing of weight would split it. We took it out of the room, and went up stairs, and left him at work as before.
Q. Did you find the trunk open, or shut ?
Q. Were all three of them unlocked ?
Q. Did you examine to see whether any thing was taken out ?
Sarah Upington . I did not; when my mistress came home in the evening, I asked her whether she left it open or no; she said, no, here is the key; says I, here is a key broke in the lock, and there was not a soul in the room but Mr. Tobin. She looked, and missed the things.
Q. from the prisoner. Did you find me in the room when you came down ?
Pris. Did not I desire to have them moved outbecause there was size and whitingand it would stick to them ?
Pris. Did not you say you had got a cloth to cover them ?
Pris. Did not you help me to move the trunk ?
Sarah Upington . No, not till after it was broke open, it was not offered to be moved. The prisoner was by and heard his wife offer half a guinea she had in her pocket, and would pay half a guinea a week afterwards till the worth of the things were paid.
Q. Did he contradict that, and say he would not have it done?
Elizabeth Poor . The prisoner came to work at my house on the 14th of May; the second day he was at work I lost five full trimmed shifts, five sheets, three pillow-cases, a table-cloth, a child's mantle, and three aprons. I lost them out of a portmanteau trunk in the room where I laythat was the room where the prisoner was at work in.
Q. What is your husband's name?
Q. Do you know any thing of the prisoner's having the things?
Elizabeth Poor . I did not come home till ten at night; I went up, and there found the key broke in the lock: they were all lost out of one trunk: it is in court; the pick lock, or keyis now broke in it. (The trunk produced in court, with part of the key broke in.)
Q. What business is your husband?
Q. Have you any lodgers?
Q. Have they any servants ?
Q. Was there any offer made you about making it up?
Q. Did the prisoner hear her?
Q. Did you ever hear him confess any thing?
Elizabeth Poor . No, Sir. I asked him if he was not ashamed to come into people's houses and rob a lone woman; he said, serve you right, you b - h. He broke the other locks, and if he had got them open, he might have robbed me of five hundred pounds value. I never could open them since; they are just as he left them; I must get a smith to take them off.
Q. from the prisoner. Was I by when my wife offered you any money?
Prisoner. It is very unaccountable I should be singing, and taken up on suspicion of a robbery.
Q. from the prisoner. Did not you send to my lodgings and search them ?
Elizabeth Poor . No, I do not know his lodgings.
Q. from the prisoner. Did not you break open my boxes and trunk ?
Q. to Upington. Was there any other person in the house when you went up to drink tea?
Q. Could any body come into the house without your hearing them, or the prisoner's knowledge ?
William Eagen. I lodge in the prosecutrix's house, and as I came down out of my own room, Mrs. Poor's maid desired I would look into the room to see what the prisoner was about: I looked in, and saw the trunk open, and saw some linnen in it; I ran up stairs, and asked the maid how her mistress came to leave the trunk open; and when we came down there was the flap over the lock buckled too?
Q. Was the trunk open or shut when you came down?
William Eagen. It was shut, and buckled down with that strap, and there was either a picklock or key broke in the lock. When Mrs. Poor came home I saw it opened, and there were not all the things taken out.
Q. What people were in the house at the time you saw him in the room?
Q. Did he seem to be taking any th ing out of the trunk when you looked in?
Q. Did the trunk seem to open by accident, or to be opened on purpose?
Q. How long was that after the girl was gone up to drink tea with your wife?
Q. Had the prisoner any labourers belonging to him?
Q. Had you any servant, or any body belonging to you, that could go into that room when the man was at work?
Q. What business are you?
Q. Was you in the house when the girl went up to your wife?
Q. from the prisoner. Was not I in the room in my waistcoat?
Q. Did you see the prisoner take any thing away with him?
Q. Did he come any more that night?
Q. from the prisoner. Did not you help me to move the trunk into the back room?
Court. Prisoner, what have you to say for yourself ?
Prisoner. My Lord, I have evidences.
Q. Do you know who took the things?
Thomas Mayo . I do not; I employed the prisoner for two days work : the prosecutrix came to me, and asked where the prisoner lived; I told her, and went along with her: we went to his lodging, and he was not there, but we took himand he came along with us to the house.
Q. Was not you bound over to prosecute ?
Thomas Mayo . Yes, my Lord; the evidence I gave before Mr. Fielding was, that his wife came to me in the house several times, and that was the reason they bound me over to prosecute; but I never saw her take any thing away.
Thomas Herbertson. I am a wig-maker. I have known the prisoner these four or five yearsand never knew any dishonesty or theft by him.
Guilty 39 s.
Q. Do you of your own knowledge know this man had the pewter plates ?
John Venables . I do not know any thing of my own knowledge, I know nothing more than that the constable had them before Mr. Fielding, and saw them there: he lived within three or four hundred yards of me.
Q. Do you know whether he had any knowledge of you?
Q. Did you ask this lad about the plates?
Q. Have you no evidence Mr. Venables that he did receive them ?
No prosecutor appearing he was acquitted , and the court ordered the recognizance to be estreated.
333. (M.) Ann Carr spinster , was indicted for stealing a silk gown, value 20 s. a cloak, value 5 s. a hat, value 2 s. two linnen caps, value 6 s. two linnen handkerchiefs, value 3 s. the property of William Thomas , May 14 . ||
Hannah Thomas. I am wife to the last witness. We lost these goods out of our house, the prisoner was servant to us at that time: we took her out of Hanover-Square workhouse. I was not present at the taking of her in May-Fair, my husband took her himselfand pulled the things from off her back; I know nothing more.
The prisoner said nothing in her defence, nor called any body to her character.
Q. How old are you?
Prisoner. I do not know my right age, but believe about thirteen or fourteen.
No prosecutor appearing, she was acquitted .
The court ordered the recognizance to be estreated.
334. (M.) Eleanor, wife of Samuel Hine otherwise Eleanor Long , spinster , was indicted for stealing three China plates, value 3 s. eight China saucers, value 4 s. three China cups, value 2 s. two Delft plates, one China sugar bason, one copper stand for a teakettle, two brass nozzels for sockets, one glass crewetone ounce of green tea, one silver teaspoon, one white metal teaspoon, and one mahogony teaboard the goods of John Graham , April 27 .*
John Graham. I live at Isleworth , or Thistleworth, and the prisoner came to live with me as a servant . I being informed that a bundle was given out of my window to a waterman, I sent to him, and he told me he had carried a bundle away, but that his boy fetched it from my house. I asked our maid, who is the prisoner, about it, and she said there was none at all.
Graham. Her husband was transported for swearing something about a commission of bankruptcy. [See his trial, number 523 in Sir Crisp Gascoyne's Mayoralty ] The next bundle carried out was by the gardener; in which bundle were these goods: a mahogony tea-boarda brown China teapot, a China soop plate, one white Delft plate, one brown and yellow ditto, six China saucers, three China cups, one coffee cup, one sugar bason, one copper teakettle stand, two brass nozzels for sconcesone glass oil crewet, a small quantity of green tea, one silver teaspoon, and one white metal one.
Q. What do you think is the value of them?
Graham. They are worth about ten or twelve shillings. I have got them all again, and they are all my property. I took the prisoner up, and she confessed the taking them before the justice.
Q. Was her confession taken in writing before the justice?
Graham. I do not know that, but I heard her confess it.
John Godfrey . I am a bricklayer. I was going to work at Mr. Graham's, and found the gardener standing at the door; but we could not get in. He told me the maid was taken up upon suspicion of stealing things from her master.
Q. Do you know any thing of that from your own knowledge?
Godfrey. Yes, I saw all the things taken out of the bundle.
Q. Did you hear her confess afterwards how she came by them?
Lawrance. She never did in my hearing.
William Hitchcock . The prisoner delivered a bundle to me last month, which I carried to the White Horse, Three Cranes, at London, by her order, and brought them back again to her master's house. Mr. Graham had them again.
The prisoner had nothing to say in her defence.
William Price . Just before Christmas the prisoner, I, and James Brown , were going by Mr. Booth's brewhouse in Old-Street , and went into the brewhouse yard, as I believe it is called, where turning ourselves about, we happened to see these hoops stand against the wall.
Q. Do you remember the particular time of it?
Price. I do not.
Q. How many hoops were there?
Price. I don't know; we took away half a dozen.
Q. What hoops were they?
Price. They call them vat hoops. The prisoner said to me, we can sell these hoops to Joneswho will buy any thing. He lives in Playhouse-Yard, Whitecross-Street. We sold two to Mr. Jones.
Q. Were you all together when you took them away?
Price. We were.
Q. Was you at the selling of the two to Jones?
Price. I was at the door while the prisoner sold them.
Q. What is Jones?
Price. He is a man that buys old iron, or any thing in that way.
Q. Was any body else with you at the selling of them?
Q. How much were they sold for?
Price. I cannot tell.
Q. How much money had you for your share?
Price. I cannot justly tell, but I believe I had about two shillings, or some such thing. It was what he was pleased to give me on his own accord.
Q. What did you do with the other hoops you had?
Price. We sold them under London-Wall the very next morning. We were then all together.
Q. To whom did you sell them?
Price. I don't know the man's name.
Q. What did you receive of him for these four?
Price. They were sold for a penny a pound, but I cannot tell what they came to.
Q. What was your share of that?
Price. I cannot tell justly what it was.
Slade Bowler . I have put the hoops on and off several times, being a backmaker and cooper by trade. I knocked the vessel to pieces, and was to have put it together again, but the brickwork was not ready; and when that was ready, we missed the hoops.
Q. How many did you miss?
Bowler. There were six hoops lost.
Q. Whose property were they?
Q. What is your business ?
Jones. I deal in old iron, and have done for many years.
Jones. Yes, I did.
Q. Was there any body with him at that time?
Jones. No, not as I know of.
Q. Did you buy them ?
Jones. I did.
Q. What did you give him for them?
Jones. I gave him at the rate of nine shillings and fourpence per hundred.
Q. Did any body apply to you for these hoops afterwards?
Jones. No; but reading the Daily Advertiser, and finding they were advertised, I went and fetched them from Mr. Humphrey's, to whom they were sold, in order that 'Squire Booth might have them again, and paid the money back.
Q. Did you return them to the owner?
Jones. Yes, I did, and he owned them.
The prisoner had nothing to say in his defence, nor called any witnesses in his behalf.
336, 337. (M.) George Dallings , otherwise Dalios and Anne Collins spinster , were indicted for that they, on the King's highway, on James Bibbey did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value 3 l. one linnen handkerchief, value 12 d. one iron snuff-box, and one pair of leather gloves , being his property, May 20 . +
Q. What time was that?
Bibbey. It was about nine or ten o'clock. I asked her which was the way to Long-Acre, she said I do not know, or to that purposeand then added, My dear, will not you give me something. We had some more discourse for about three or four minutes. I told her I did not know whether I would give her any thing or not. We walked on together some yards further, and then we met with two men and two women. Presently after this it came into my head that I had lost something, so I put my hand into my pocket and missed my watch; I then asked the woman for it, but she said she knew nothing of it.
Q. Who was that woman?
Bibbey. It was Collins the prisoner.
Q. What did you do upon this?
Bibbey. I laid my hands on her, and thought to have felt it if I could lay hold of the purse, but I did not; then they all came round me, and laid hold of me.
Q. How long after the two men and two women came to you was it that you missed your watch?
Bibbey. I missed it the very same moment they came.
Court. So then, who took your watch you don't know?
Q. You say they all got round you, what do you mean by that, and what did they do to you?
Bibbey. I received several blows on my stomach, which I was obliged to be blooded for afterwards. Then they took my money from me.
Court. Give a particular account of what they took from you.
Bibbey. They took eight or nine shillings, I cannot be particular which.
Q. Who took that?
Bibbey. I don't know.
Q. Did you ever find it out afterwards?
Bibbey. I never did.
Q. What else did they take?
Bibbey. A pocket handkerchief, a pair of leather glovesand a snuff-box. One of them knocked me down, but I was so surrounded, that I cannot tell who it was that gave me the blow.
Q. What did you do upon this?
Bibbey. I asked them to let me have my watch, and told them that they should be welcome to my money; but one knew nothing of it, and another knew nothing of it; one went one way, the other another, and so I saw no more of them.
Bibbey. They were taken up by a gentleman that is here, whose name is Maddox.
John Maddox . On Tuesday was sev'nnight, between the hours of one and two o'clock, as I was going up Poland-Street, Tyburn-Road, I met with Anne Collins , one of the prisoners at the bar, who called to me, and told me she wanted to speak to me. The other prisoner was also with her at the same time, but he stood on one side whilst she and I talked together.
Q. Name the name; who was it?
Q. What talk had she and you ?
Maddox. She asked me which she had best to do, either to surrender, or to be grabb'd.
Q. What is the meaning of the word to be grabb'd?
Maddox. To be taken up by the constable.
Q. Did you not talk the whole out before this?
Maddox. No, not a word before this. She said she nailed the lodge.
Q. Did you ask her the meaning of that expression?
Maddox. I did. She said, I took this watch from a man last night, and this man was with me; I want to turn an evidence, and swear against him. I asked her where it was, she opened her right hand, and therein I saw a green ribband, the key, and glass of the watch.
Q. Are they in Court?
Maddox. They are (he produced them). I asked her where the other parts were, and she replied, He has got them.
Q. Who was that he?
Maddox. The other prisoner.
Q. Did he produce them?
Maddox. No, my Lord. She said, do you be admitted an evidence, for Dolling and I cannot; I replied I am one, and that she should go before the justice. We then went together, and had a pint of beer at the Black Horse.
Q. Did this man say any thing ?
Maddox. No, he stood by at a little distance.
Q. Could he hear your discourse?
Maddox. No, he could not.
Q. What happened after this?
Maddox. I said let us go this way ( pointing to the publickhouse) but the prisoner Dolling said he would go that way, which was the very contrary to ours, and said he would come back while we were drinking the pint of beer. I then sent for Mr. Bagley the constable, and when he came in, Dolling the prisoner was coming down the street towards the back-door of the house: at that instant I said to Mr. Bagley, This is your prisoner; upon which he went outlaid hold of him, and took this movement from him, being the guts of a watch (producing it). Then the prisoner Collins told Mr. Bagley that Dolling was with her at the time of the robbery; but God knows that, for I do not. Two days after I advertised the watch, with the maker's name, and the prosecutor came to the place mentioned in the advertisement. He informed me he was robbed on such a night; I told him the people were to be at the justice's, and that there he might have an opportunity of seeing whether they were the persons or not. We carried them before Justice St. Lawrence, there the prosecutor described the woman before he saw her, and when he did see her, he said that was she.
Q. Do you know any thing more of this affair ?
Maddox. Yes; she actually said before the justice she took the things from him, and added, Did not you see me give the watch to such a person?
Q. Was any thing said but what related to the watch?
Maddox. No, my Lord, nothing more. She said the other prisoner was the person who took the watch from her.
Q. Did you know the woman prisoner before?
Maddox. Yes, I knew her before by sight; she lived in the neighbourhood where I did.
Court. Then you say she asked you whether it was proper to surrender?
Maddox. Yes, she did; she asked me which was bestto surrender or be grabb'd.
Maddox. A perriwig-maker by trade, and an officer belonging to the Marshalsea Court; I was going to arrest a man then.
Q. to Bibbey. Look on that ribband and seal, and see whether you know them to belong to you?
Bibbey. They did belong to my watch.
Q. Can you swear to the guts of the watch?
Bibbey. No, but I can to the dial-plate and the maker's name.
Q. What is the name?
Bibbey. It is James Green, Gloucester.
Q. Was that the name of the maker of your watch which you lost?
Bibbey. It was; I had had it five years and upwards.
Q. from Dolling. What time was it you was robbed?
Bibbey. About half an hour past nine o'clock.
Q. from Dolling. Are you positive to my face?
Bibbey. I cannot be positive to his face.
Q. Did he own he robbed you?
Bibbey. No, he did not.
Q. Did you see her face then?
Bibbey. I did.
Q. Was it light enough?
Bibbey. It was betwixt light and dark, that is, twilight.
Q. Did you see her so plain, as you could be sure that she was the person when you saw her before the justice?
Bibbey. I did.
Q. Did you see any body with her before you met with the other people?
Bibbey. No, I did not.
John Bagley . I am a constable. On Tuesday was sev'night, between the hours of two and three, I was sent for into Peter's-Street, to take charge of the two prisoners at the bar, on suspicion of a robbery: the woman had the ribband, seal, and glass of the watch, and the man at the bar gave me the guts of it.
Q. from Dolling. Did I make any resistance?
Bagley. No, he made none. The woman owned the robbing a man in Mary le Bon fields of a watch and handkerchief, and said there were some other people with her, but she would sooner be hanged than tell who they were. I believe Dolling is as innocent as I am: she shewed great enmity to him, and said, she would do him over, as she called it.
Q. What do you think she meant by that?
Bagley. I suppose she meant to have him hanged, she is wicked enough. She never denied robbing a man of his watch (produced in pieces here.) I have had it in my custody ever since.
Q. Did you know the woman before?
Bagley. No, I never saw her in my life before to my knowledge.
Q. to Bibbey. You told us you missed your watch, and that you was robbed afterwards of the other things you mentioned.
Bibbey. I did, my Lord.
Q. Did you miss your handkerchief at the same time your watch was taken away, or afterwards?
Bibbey. That was taken away afterwards.
I met with this man as I was coming home from my work: he asked me the way to some place, and said, he would give me some beer; I said, I was no friend to beer; he then said he would lie with me: I would not be agreeableso he tore my gown to pieces, and took my apron from off my side; with that he threw down his watch upon the ground, and I took it up.
I have witnesses to prove where I was when the robbery was committed.
James Buckley . I have known the prisoner Dolling about six monthshe lived servant in the house where I did, at an apothecary's; he bears the character of a very honest man; but I have something to say in regard to this affair. On Monday was sev'night I came home about nine o'clock, the prisoner was in the back parlour.
Q. Where do you live ?
Q. Had you any suspicion that he went out a robbing or thieving?
Buckley. Nomy Lord, I have trusted him with a thousand pounds worth of things at a time, and always found him to be honestand believe him to be innocent of the thing he is charged with.
Dorothy Buckley . I am wife to the last witness. We live with Mr. Barkleyan apothecary; I saw the prisoner at our house between eight and nine o'clock, I was going out, and when I came in again, which was about half an hour after nine, I saw him in the back parlour, and spoke to him there. I never heard but he was a very honest man, and can justly prove it. I have trusted him with very valuable things, he never defrauded me, or any body else, that I know of.
There were more witnesses to his character, but the court thought it needless to call them.
Dollings acquitted , Collins guilty of felony only .
338. (M.) John Smith was indicted for that he, together with one John Higgs on the 24th of December , about the hour of three in the night of the same day, the dwelling-house of Thomas Pinkey did break and enter, and one copper pot, value 10 s. 40 pewter plates, value 27 s. seven pewter dishes, value 7 s. one copper saucepan, value 5 s. one pewter chamber-potand other things, the goods of the said Thomas, did steal, take, and carry away . +.
Thomas Pinkey . I live in St. Margaret's-Street and keep a publick-house , the sign of the Cock: I was robbed of the things mentioned in the indictment, and several other thingsbut by who I could not tell.
Q. Where were these things?
Pinkey. Some of the things were in the yard, and some of them in a room that joins to the house: the people who took them got over into the yard, as we supposeby seeing the marks of feet on the wall, and after that got into the room: the window was openand the shutter unbolted, so we imagined they handed the things out that way.
Q. You have not told me when this was; was it in October, November, or December?
Pinkey. I think it was November.
Q. Did you ever see these things again?
Pinkey. No, nor ever heard of them.
Q. How did they get into that room ?
Pinkey. In at the door, I suppose. I advertised the thingsand was sent for to justice Fielding's, and they told me the people were taken up that robbed me.
Daniel Lewis . A short time before ChristmasHiggs, I, and the prisoner, went to this gentleman's house; we had been there several times; there were things lay in the yard continuallyso we got over the wall, and there were a quantity of pewter, brass, and copper in the yard, pots and saucepans, and the like; with that we went into the room joining to the house, lifted up the sash, and unbolted the outside shutter, and this Higgs got in and handed them out to Smith and I.
Q. Was the door locked?
Lewis. No, that was open, the window shutter was bolted; we got all we could light of, copper and brass, or any thing else: there was a large pottage pot and saucepan, the pottage pot was in the yard, and some of the plates and dishes were in the room; there were seven or eight dishes. The prisoner and I stood close to the window, it is but a low one, and bundled the things up, and carried them to Smith's house; he deals in this way; he keeps a bit of an iron shop in Great Earl-Street, Seven Dials. He melted the pewter downand the copper and brass he knocked to pieces; so that nobody could distinguish what they were.
Q. How long had you been acquainted with Smith?
Lewis. About two years and an half; whatever we stole we brought to his house, and he had a candle burning all night to see what we got: he was not always with us, but came to help us to carry off the things.
Q. What was you taken up for?
Q. Is he indicted for that?
Lewis. No, not here, that was in the county of Surrey.
The prisoner said nothing in his defence, but called the following witnesses.
Edward Bowdler . I have known the prisoner these ten years; I am a publican, and live in Long-Acre, and have known him for these three years last past since he settled for himselfand always bore a very good character for ought I know; I always found him such in all the dealings I had with him.
Q. Have you lived near him?
Liddel. I lived within three or four doors of him for 17 years last past, and never knew he did any thing amiss.
Thomas Street. I have known him above two years; I keep the Barley-Mow in Bow-StreetCovent-Garden.
Q. Are you sufficiently acquainted with him to give him a character?
Street. No farther than I have bought pewter pots of him.
Q. Does he make them?
Street. No, I believe very few men do: he always dealt honestly by meand was counted an honest man.
Joseph Timewell . I have known the prisoner about three years; I am a publican, and live in Long-Acre, and keep the sign of the Coachmaker's Arms : I have dealt with him for pots, and paid a market pricewhat I paid to other people, and never heard any harm of him in my life.
He was detained to be tried on other indictments.
Q. Why do you charge him?
Lawrance. He was taken up on suspicionand be confessed the taking them before justice Withers: he owned he took all the things mentioned in the indictment, except one piece, which he said was not mine.
Q. Have you seen the goods again ?
Lawrance. Yes, he was stopped at Shoreditch, and put into the watch-house: he had the things all upon him then.
Joseph Ash . I was constable of the night : the watchman went home with some people, and as he was returning, he light of this man at the bar, and brought him into the watch-house to me; he had a sack with the things in it on his shoulder: (the sack and irons were produced in court, and deposed to by the prosecutor; and the constable deposed they were found upon the prisoner.)
Q. What time was the prisoner brought in?
Ash. It was between eleven and twelve o'clock on a Sunday night.
I lived thirteen years at Cheshunt in Hertfordshire: the things I carried into the watch-house were never in his shop.
Q. to prosecutor. Were these goods in your shop?
Prosecutor. They were before they were taken away.
The prisoner called two witnesses, who deposed they had known him many years, and gave him a good character.
John Nevil . I live in Newgate-Streetand am a grocer . On the 6th of May I sent a porter, one William Thomas , whom I hired out of Newgate-Market, with a parcel to the Red-Lion Inn, in Whitechapeland ordered him to deliver it to Mr. Smith's cart, but aWilliam Edwards , I know no more than what he can tell the courts.
William Thomas . I carried a parcel on the 6th of May from Mr. Nevil'swho ordered me to deliver it to Mr. Smith's cart, at the Red Lion Inn, Whitechapel. I went, and asked an ostlen if Mr. Smith's cart put up there; he said, no; but that there was a young man who had been inquiring if a porter had brought any goods; and added, You may leave your goods, for I belong to the Red Lion. Before I could get well from the inn, the prisoner came up to me, and asked me if I did not come from Mr. Nevil's with some goods; I replied yes; where are they says he; I answered, here at the Red Lion, and I believe I am right; yescried he, you are right. He told me the cart was gone before, and that he staid on purpose to receive the goods. He asked me to drink part of a pot of beer with him, which I did.
Q. Did he receive them of you?
Thomas. Yes, for I helped them on his shoulder. Says he, They told me it was not above thirty pounds weight, but I believe it is above half a hundred; and seemed to go grumbling away with them.
Q. Did you help the goods into the cart for him ?
Thomas. No, I did not, for there was no cart.
Q. What did the prisoner do with the goods when you gave them to him?
Thomas. He carried them away from that houseand I came back to Mr. Nevil's.
Q. What goods were in the parcel?
Thomas. There was a lump of sugar of thirty-two poundstwo loaves of seventeen pounds and a hal f each, another loaf of eight pounds five ounces, and a pound of tea. After we had had information it was miscarried, I went to the inn and desired the people there, when they saw the man again, to take him up; but turning myself about, I saw him.
Q. How long had you been absent?
Thomas. I left him about twelve o'clockand it was about five when I went and made my complaintI then got a constable and took him up; he shewed the constable where the goods were, and delivered them to him.
Q. Are you sure the prisoner was the person that took them from you?
Thomas. I am positive he is.
[The goods produced in Court, and deposed to by the prosecutor.]
I have been a master-baker in Kent-Street, St. George's, but was forced to go away a little for debtand to seek about for bread. I met with one Joseph Hill, who asked me where I was going; I replied to seek for business. After this he asked me if I would drink; I thanked him, being very poor and low, and he gave me a full pot of beer. Whilst we were drinking it, he told me he should be glad if I would stay at the Red Lion for a parcel of goods that was to come from Mr. Nevil's, and carry them to the White Horse at Mile-End for him. I went, and asked if there were any goods there from Mr. Nevil's; they said no; then I asked if there was ever another Red Lionand they said yes. In a short time after I met this man, and seeing him read a note, I asked him if he came from Mr. Nevil's; he said yes: says Iyou are right, you must deliver them to me. I called for a pint of beer to make him drink, having threehalfpence given me for that purpose, and then went to carry it up to Mile-End; but as I was going along, before I came to the White Horse at Mile-End, this Hill overtook me (but whether he came out of an alehouse or not I cannot say), then I turned back, pitched the things on a bench, and said I could not carry them; upon which he took them, and gave me sixpence. I came back again, to the Whittington and Cat in Whitechapel, and staid there a little time; and when I went from thence, this man came to me, saying, What have you done with the goods you had of me? I answered that they were gone into the country; then he said his master was cheated. I said, for God's sake let me carry you to the place where the goods are laid; so I carried him there, and delivered the goods to
Q. to prosecutor. Do you know this Joseph Hill?
Prosecutor. No, I don't know any such man, except he is the person that came and ordered these goods in the name of Edwards.
The child being so youngand not knowing the nature of an oath, could not be examined.
Q. How long have you been in practice?
Moffatt, More than six years. I was sent for to Justice Cox's the latter end of April, but I cannot charge my memory with the day, though I believe it was near the twenty-eighth; there I found Mr. Klik, and was told for what offence he was brought there. I was desired to examine this child, so I went up stairs with the justice and Mrs. Stevenson, and we examined her. I found there had been a forcible entrybut cannot take upon me to say by what; by means of which her parts had been torn. Upon looking at the soreI thought it had an appearance different from what will happen in a common laceration. However, as the prisoner's character was more immediately concerned, I was particular in the account I gave of this. I thought the appearance of the fore denoted the venereal infection, but I said I could not take upon me to say it was the venereal complaint, and that it might have happened through the tearing of the parts; then we came down stairs, and agreed to examine Mr. Kirk. He was called into the little back room, but we found he was so particularly diseased in those parts, with two very great rupturesone on each side, that the two together would appear as big as my head; by means of these the skin of his members were so drawn over, that you could not see them, and on this account we both of us at first sight thought he was a person incapable; but upon recollection we chose to inspect the parts more strictlyafter which we found the penis was capable of being produced. We afterwards examined his linnen, and found thereon such sort of stains, as are generally at the latter end of venereal runnings.
Q. Did you find he had got the foul disease on him?
Moffatt. I cannot positively say so, though there were such appearances which induced me to believe he had had she venereal runningbut near to a cure. Justice Cox bound us over.
Q. From your inspection of the child, can you take upon you to swear that she had been abused by some man ?
Moffatt. She has had her parts torn by means of some forcible entry.
Q. Do you from the best of your judgment think she has the venereal infection?
Moffatt. I do,
Q. From what you observed of the linnen of Kirk, do youor do you not believe he had the remains of the venereal taint upon him?
Moffatt. I cannot positively say that it was so, but according to my opinion it was.
Q. Do you believe, from inspecting him that he was actually capable of committing this?
Moffatt. I do.
Q. Did you see the child the same day that you was before Justice Cox?
Moffatt. I did.
Q. What was the opinion you gave in before Justice Cox; did not you declare it as your opinion that he could not be capable ?
Moffatt. At first we thought him incapable, but upon a more particular examination we found he was.
Q. Can you say upon your oath that he was capable to do it?
Moffatt. I cannot say, for I never saw him in such a situation.
Moffatt. It might, or it might not; I must submit that to the judgment of the Court. It is probable it might have happened from a venereal complaint, but I cannot say whether it did or not.
Q. Will you say the child had the venereal complaint?
Moffatt. I will not say so, but I believe so.
Mr. Stevenson. I was at Justice Cox's, and went up stairs with the mother and the child. I examined the child, and found the private parts very much lacerated and inflamed. The child told me Mr. Kirk used to set her upon his knee, and used to put his finger into her.
Q. From your inspection, do you think the child has been abused?
Stevenson. I do, but with what I cannot tell.
Q. Do you think she has now the venereal complaint upon her?
Stevenson. I will not swear it, but to the best of my judgment I really believe she has. Then I said it would be proper to inspect Mr. Kirkif he will give us leave; and at our first inspecting him we thought it impossible, he having a double rupture, and the penis intirely hid from our sight; but we produced the nutand great part of the penis.
Q. Do you thinkfrom your inspection, he was naturally capable of an abuse of this kind?
Stevenson. I really believe he was.
Q. Do you think he had the distemper upon him?
Stevenson. We discovered that the nut of his yard did not seem to be affected, but there were stains upon his linnen.
Q. What did you think the stains proceeded from?
Stevenson. I will not take upon me to swear, but I think it was venereal.
Q. Can that distemper be communicated by the finger?
Stevenson. Yes, I think it may, especially to those parts. There have been instances of people's being distemper'd that way from women, by applying matter to the part, but I do not think he was in so bad a way as to do that.
Mary Anne Oswal . The prisoner has a place in the Stamp-Office, and his wife keeps a school for French, English and work, for girls, and he only teaches English when he is not at the Stamp-Office; but I have heard he is not there above six hours in the week. I had two children at that school.
M. Oswal. I do. My children informed me, that when he was teaching the little children English, he would put his hand up their petticoats, and that some of them were sore : they also told me that Anne Brown was one of those he served so. Upon this information I told a neighbour of mine (whose name is Mrs. Dollar) in order for her to tell the child's mother of it. The child told me he had done to her as mentioned by the last evidence.
Mrs. Brown. I am mother to the child: she has gone to school to the prisoner's wife for near two years: my servant used to carry her there and her dinner, and she frequently staid till evening. I was sent for by Mrs. Dollar about the latter end of April, who informed me of this affair. I had the child brought out of the nursery, and asked her where she had been with Mrs. Dollar; she said, to give an account of what Mr. Kirk had done to her. I was up stairs with the surgeon at the examining of the child, and found her extremely hurt, and in such a condition, that I never saw any one of her age in before. She was very red, it looked like skin rubbed off from within, and she complained of being very sore. The child told me he used to put his hands up her petticoats.
There being no other evidence against the prisoner than hearsay from the child's mouthit was not juged sufficient; he was therefore acquitted , but detained to be tried on another indictment at Hicks's-Hallfor an assault, with an intent to commit a rape, &c.
Catharine, wife of David Scott was indicted for stealing six Holland shirts, value 6 s. one cambrick frock, one Holland apron, three muslin capstwo linnen sheets, and four linnen handkerchiefs , the goods of Jos. Franker , Dec. 25 . ++
Mary Humes . I did wash for Mr. Jos. Franker: the goods mentioned in the indictment were taken out of my house about Christmas last : the prisoner at the bar lodged in my house eight or nine months. I found them again, some were in pawn, and some upon the prisoner; she owned she took them, and where she had pawned them.
Mary Williams . I am servant to the last witness. My mistress left the prisoner and I together at home: we went both out in the afternoon; I gave her the key; I went to see my acquaintance, and she her sister-in-law: when I came back about six o'clock, I could not get in, and so was forced to go through a neighbour's house. When I got in, I found a chair, with a rush bottom, leaning over the grate, seemingly to take fire, to set the house on fire, and the things mentioned in the indictment missing: I found the shirts at Mrs. Kilpatrick's.
Q. to M. Humes. Upon your oath did you give your consent to the prisoner to pawn those things for you?
M. Humes. No, upon my oath, I did not.
She gave me the linnen to pawn for her.
343. (M.) Thomas Fulham was indicted for that he, on the 27th of April , between the hours of nine and ten in the night, on the same day, the dwelling-house of Mary Low , widow , did break and enter, and stealing out thence one tea-chestvalue 3 s. one silver tea-spoon, value 1 s. one mahogony box, one pair of Dresden ruffles, five linnen caps, two linnen handkerchiefs, and two pair of stone ear-rings , the goods of the said Mary, April 27 . + .
Mary Low . I live in Radish-Row, St. George'sWapping . On Saturday, the 27th of April, I went out of my house between nine and ten o'clock, and left the door on the latch; I pulled the door, it goes with a spring-lock.
Q. Do you live by yourself?
Q. What is that young woman's name?
Q. I do not know what her proper name is, I think she goes by that of Mary Watts . I came home between eleven and twelve, and that young woman let me in; I went to bed, and did not miss any thing then: we both lay together; the next morning between nine and ten o'clock I missed my things (mentioning them the same as in the indictment:) I do not know who took them.
John Hall. About half an hour after ten o'clock (on a Saturday, but I do not know the day of the month) the prisoner and I went into Radish-RowWapping; we lifted up the latch of the door, and it would not open, then we pushed it hard, and it flew open.
Q. Had you and he been acquainted before ?
Hall. Yes; I knew him when he was an apprentice to a chimney-sweeper in Whitechapel. I took his shoesand he went in, I stood close by the door, he brought out a tea-chest, with a silver spoon in it, and another tea-chest, some caps, two India warrants in it, and some caps and ruffles: we took them home to Salt-Petre Bank, and put the two chests under our bed: we could not read the warrants, so he burned them. We pawned the silver spoons for two shillings in Whitechapel, I do not know the person's name : we carried the ear-bobsbut could not get three
James Brebrook . On the 28th of last April a young woman came to me, and told me, that one Hall and three more had broke a house open in Wapping, and said, there were two tea-chests, and if, I would go down to Salt-Petre Bank to where they lodgedwe might take them: so I and James Elmore went there, and we saw four of themFulham, Hall, Paul Wood , and one Hambleton, whom they call Gholes. I went up to Jack Hall, and saidso, you are no sooner discharged, but you have got yourself into bad bread again. We took them all four into custody: I mentioned what I had heard about stealing two tea-chests; then Hall said he would go and shew me where the things were: we went up into the garret, there they were under the feet of a bed. They were taken before the justice, and the prosecutrix came and said they were her propertyand that she had the keys to them. (The prosecutrix produced the keys, and opened them in court, and deposed to them.)
Brebrook produced a pair of ear-rings, which he found at the feet of the bedand a silver spoon, which Hall owned he had pawned in Whitechapel, were he went and found it: to each of which the prosecutrix deposed to.
James Elmore , being with the last witness, confirmed his account, with this addition, that they took the persons to justice Chamberlain, after which one was committed to New-Prison, and the other three to Clerkenwell Bridewell; after which the things were advertised, and the prosecutrix came and owned them.
I am very innocent of it: this Jack Hall came to meand lay along with the woman that went to Brebrook's; I lay in a bed by myself: I suppose this creature sold those things for him. Please to ask Jack Hall whether I had any of the money, or not.
Hall is the question. He had part of the money, and I think he gave her six-pence for going with it.
Prisoner. I hope you will take it into consideration, that Hall has been an evidence three times before: these men send him out a thieving to convict lads.
Guilty of Felony only .
344. (L.) George Watson was indicted for forging a certain bill of Exchange, signed by the name of David Thomas , and for publishing it with an intent to defraud Messrs Shewel and Fender of the sum of 40 l. 15 s. Feb. 8 . + .
Q. Look upon this, is this his hand? (the bill put into his hand.)
Fender. I do not think it is.
Q. Who wrote the body of the bill?
Fender. The prisoner Watson.
Q. How do you know that?
Fender. We compared it with his hand-writing: he lived servant with me about six months.
Q. Have you seen him write during that time ?
Fender. Yes, very often.
Q. Is Carmarthen his hand?
Fender. I take it to be so, and the figures too; I have seen him write figures very often.
Q. What use have you seen the prisoner make of that bill?
Fender. I was in the country.
Q. Do you believe it to be the prisoner's hand-writing?
Fender. I believe it all to be his hand-writing, but the acceptance of Child.
Fender. We do business for him.
Q. Did you ever see him write?
Fender. I have seen him at the desk writing, we have letters under his hand: I taxed the prisoner, he first of all denied it.
Q. When was it you first shewed it to the prisoner?
Fender. The beginning of February, I cannot say particularly what day; he seemed surprised I should charge him with any thing of that kind, but I thought we had sufficient
Q. What did you charge him with, having forged the bill, or the indorsement?
Fender. Forging the bill, but he denied it: he was carried a second time before Alderman Alexander.
Q. What did you charge him with then ?
Fender. He was upon the same charge; he had confessed it to Mr. Shewel, myself, and two or three more gentlemen, before we went before Mr. Alderman Alexander the second time.
Q. How long was that after the first time?
Fender. He was in the Counter about a week; he confessed it in Wood-Street Counter.
Q. Had you the bill at that time with you when he confessed?
Fender. No, I believe we had not, I shewed it to him when we first of all charged him with it.
Q. Did you ever shew it to him afterwards?
Fender. No, I believe not.
Q. What did he confess?
Fender. He confessed he had, at the instigation of other people, forged this bill upon us. I cannot say we produced the bill to him then, but he had seen it before.
Q. Had you the bill when he was carried the second time before the Alderman?
Fender. Mr. Ford had it.
Q. Did Mr. Ford produce it?
Fender. I will not say whether it was produced or not; there he related a very long story of an accomplice, and how they first got acquainted.
Q. Acquainted with who, name names?
Fender. With Mr. Allcroft; he related how they premeditated the thing.
Q. Did he speak particularly of that bill?
Fender. He did of that very bill.
Q. Who is Mr. Allcroft you mention as an accomplice?
Fender. He lived formerly in Lothbury, and in Throgmorton-Street.
Q. What relation is he to Mr. Shewell?
Fender. He is his brother-in-law.
Q. How long had the prisoner lived with you as a servant?
Fender. Six months, I believe.
Q. Was he a clerk to you?
Fender. He would do any thing we set him about.
Q. Had he not a trust upon him?
Fender. Only to look after the shop; I have trusted him with bills, and found him honest.
Fender. I said, not to look over his writing, but I have seen him often writing at the desk.
Q. Was not his hand-writing very well known to Mr. Shewell your partner?
Q. And to all the people in the shop (I mean the prisoner's writing.)
Q. You talk of a confession, how long was it after he was charged that this confession was made?
Fender. I think he had lain in the Counter about a week.
Q. Was not he in great distress and necessity in the Counter, poor and hungry?
Fender. I do not know, he had money in his pocket as I was told.
Court. Did you make him any promises in order to induce him to confess?
Fender. No, nothing to that purpose, nor no threats: when I first of all charged him with it, I told him I was very sorry we could have the least suspicion of him; I believe I said, George, you could not do this yourself, you had better discover your accomplices, and things would go favourably with you?
Prisoner's Counsel. What did he acknowledge at that time?
Fender. He said he forged this bill.
Q. What part of the bill?
Fender. The body of the bill.
Q. Did you ask him if he wrote no part but the body of the bill?
Fender. I do not know.
Fender. I understood it so.
Q. Was there no distinction made at that time between the body of the bill and the name signed at the bottom?
Fender. I cannot tell.
- Shewel. I never saw the bill till after it was paid, having left a draught for it.
Q. Look upon the bill (which he did).
Shewel. That was the bill.
Q. In whose custody did you first see this bill?
Shewel. It lay upon the desk when I first came home, but I do not know who brought it.
Q. To whom was that draught payable?
Q. Who did you leave the draught upon?
Shewel. Nightingal and Ransom.
Q. Did you give that draught to any body?
Shewel. I left it upon the desk, for the bearer of the bill to take it.
Q. Do you know who had that draught?
Shewel. No, I do not.
Q. Was the prisoner your servant at that time ?
Shewel. He was. I left it upon the desk for him to pay the bill when it became due.
Q. Did you ever shew that bill to the prisoner?
Shewel. I was present when it was shewn to him, and he then denied it.
Q. Did you ever see it shewn to him a second time?
Shewel. No, never, as I remember; but it was produced before the Alderman the first time, and he denied it then. I was not before the Alderman the second time.
Q. Was you present at any time when the bill was shewn to the prisoner?
Shewel. No; but I was present when he confessed it.
Q. Was the bill produced then?
Shewel. No, it was not.
Q. You said you left the draught payable to the bearer of the billwho received that draught?
Shewel. They could not tell the namenor who they paid it to, but said it was paid chiefly in moidores. That was all the account they could give.
Q. Did you charge the prisoner with any other bill than what was shewn him before?
Q. Was the prisoner servant to you at that time?
Shewel. Yes, he was, and he laid the bill in the compting-house witnessed in this manner.
Q. Did you ask him how it came there? and what did you say to him?
Shewel. I told him I believed it was a forged bill; he replied he believed so likewise, and added, that a person, whose name was Smith, brought it from Child and company (I saw it witnessed for Child and company): I said it was not David Thomas's hand-writing, and I believed it to be a forged bill; he answered, he believed it to be one too. I went to Child's but no such person ever lived there.
Q. Then that draught was to go to Child and company?
Shewel. Yes, to go where we received the bill. The prisoner said he compared it with David Thomas 's hand-writing, and said he did not think it the same, but that, however, he had paid the bill. He confessed there were three people concerned, and that they equally divided the money.
Q. Where did he confess that?
Shewel. In Wood-Street Counter.
Q. Was you a talking of the bill at that time?
Shewel. Yes, we were.
Q. Was there any thing of this said before the Alderman?
Q. Was the bill produced before the Alderman?
Q. Was it produced at the Counter?
Shewel. No, it was only produced once, as I remember.
Q. Could any body, except you two and the prisoner, get into your compting-house? was it locked?
Shewel. They might, for it was not locked.
Q. Did not you know the prisoner's hand-writing?
Shewel. I did.
Q. How came you not to know his hand-writing then?
Shewel. I suspected it was immediately.
Q. Then how came you to leave the draught for the payment of it?
Shewel. I never saw the bill till it was paid.
Shewel. I do.
Q. Did you ever see him write?
Q. You cannot take upon you to swear there was no such man as Smith in Child's shop?
Shewel. They said so.
Q. Should you have paid the bill if you had seen it?
Shewel. I should not.
Q In what manner did you pay this bill?
Shewel. I did not pay it myselfbut left the draught upon the desk. I said so before.
Q. How came you to know there was such a bill ?
Shewel. The prisoner said it was there.
Q. Is that witnessing the prisoner's hand-writing ?
Shewel. No, it is not; he owned there was another person concerned.
Q. What person was it?
Shewel. He said one was Allcroft.
Q. He is your brother-in-law, is he not?
Shewel. He is; but he appeared before Alderman Alexander, and was honourably cleared.
Q. Did you shew the bill to the prisoner when he confessed it?
Shewel. He confessed the whole.
Q. What were his words?
Shewel. He confessed forging that bill of forty pounds sixteen shillings.
Q. Did you hear him say the sum?
Shewel. I will not swear that; I cannot say.
Q. Did you ever mention the name of Thomas to him?
Shewel. I cannot be certain.
Court. Did not you tell him it was not like Thomas's hand?
Shewel. I did tell him that, he said he was of the same opinion, that he thought it was a forgery.
Q. How long was that before you took him up?
Shewel. Five weeks.
Q. Have you ever seen him write?
Williams. Yes, I have, for he was my servant thirty years ago, or thereabouts, and he lives now in Carmarthen in Wales. I have transacted business for him to the amount of a great many thousand pounds.
Q. Whose hand do you take that to be?
Williams. It is in imitation of his, but I do not think it is his.
Q. Look upon the indorsements, do you know any thing of them?
Williams. No, I do not.
Q. Did you ever see that bill in any body's possession excepting Mr. Fender's?
Mr. Alderman Alexander. I remember the prisoner was brought before me, charged by Mr. Shewel and others for forging a bill of forty pounds sixteen shillings they related the story, that the bill was brought by one of Mr. Child's men; that the gentleman left the draught, and the partner was out of town; that when he came home, and came to compare notes, they thought it was the prisoner's hand-writing; they brought several of his letters, and it appeared to be his hand-writing; upon which we suspected he had forged the bill, and committed him to the Counter.
Mr. Ford. I was present before the Alderman the second time, for Mr. Shewel and Mr. Fender desired I would go with them to the Mansion-House to attend upon a very extraordinary examination. Upon their request I went. They said they would do the young fellow all the service they could, if he would make a discovery. I went there to serve him, and this bill was read to him; it was also produced upon the table, and shewn to him, and he said that that very bill he forged by Mr. Allcroft's direction, which gentleman was then present before Mr. Alderman Alexander. He mentioned many circumstances concerning Mr. Allcroft, nothing of which he could prove, and Mr. Allcroft appearing there, with a great many persons of credit to his character, he was discharged with a great deal of honour.
Pris. Counsel. to Alderman Alexander. Sir, when this young fellow was brought the second time, and charged Mr. Allcroft with being present when the bill was forged, did he not declare that the words David Thomas , and the body of the bill, were not wrote by one and the same person?
Ald. Alexander. I do not remember any thing of that mentioned; he did not say any thing in particular, but that he had forged that note by the contrivance of Mr. Allcroft.
Pris. Counsel to Shewel. When this young fellow was in the Counter upon suspicion, did not you desire him to write a letter to Allcroft?
Shewel. I believe I did.
Q. Did not he receive an answer from Mr. Allcroft?
Shewel. I believe none at all.
Q. Did you see that letter before it was sent away?
Shewel. I did; the purport of it was for him to come to him. Allcroft came to me, and I took him to the Counter face to face.
Q. Did not you stay there till twelve o'clock at night?
Shewel. We did not stay above half an hour, or three quarters?
Q. Did not you make a sort of sham there that you would leave Mr. Allcroft behind?
Shewel. No, but I desired he would get bail for his appearance; and some people passing their words for him, we took it.
For the prisoner.
Mr. Townsend. I have known the prisoner above two years and an half; he was a footman to me about a year and eight months; he behaved well in my service during that time, and was a very sober industrious lad.
Mr. Weston. I have known the prisoner four or five years, for his master that brought him up lodged in my house, and he behaved well while he was there. I had a very good opinion
Mr. Butler. I have known the prisoner about two years, and never heard of a blemish in his character before this. I have done work for him, and he was very punctual to his time of payment.
Guilty , Death .
See Number 260.
No evidence appearing, they were acquitted .
No evidence appearing, he was acquitted .
The trials being ended, the Court proceeded to give judgment as follows.
Received sentence of death, 2.
Transportation for seven years, 19.
Lucy Skeyte John Walker , James Lee , Mary Low Joseph Commings , Richard Smith , John Munk , Mary Taylor , Elizabeth Oldman , George Foster , Eleanor Hine , Charles Farring , Anne Car , Anne Collins , Thomas Biggs , Thomas Fulham , Catharine Scott , Thomas Cardinal , and James Tobin .
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