In the Twenty-eighth Year of His MAJESTY's Reign. NUMBER I. for the YEAR 1755. Being the First SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE STEPHEN THEODORE JANSSEN , Esq; LORD-MAYOR of the CITY of LONDON.
Printed, and sold by M. COOPER at the Globe, in Pater-noster Row. 1755.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.
BEFORE the Right Honourable STEPHEN THEODORE JANSSEN , Esq; Lord-Mayor of the City of London, the honourable Sir THOMAS DENNISON , Knt. * the honourable Sir SIDNEY STAFFORD SMYTHE, Knt. + WILLIAM MORETON , Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer for the said City and County.
N. B. The characters * + ++ direct to the Judge by whom the prisoner was tried; also ( L.) and (M.) by what Jury.
1. (M.) Michael Harris was indicted for stealing three pair of callimanco shoes, value 9 s. two pair of satten shoes, value 20 s. one linen shirt, one lawn neckcloth, and one linen table-cloth , the property of John Cross , Nov. 25 . ++
John Cross . I am a shoe-maker ; the prisoner is my apprentice he has been with me ever since last March. About a fortnight ago I missed a shirt and table-cloth. I suspected the prisoner, and charged him with it; he denied it, and on Monday the 5th of November in the morning, he got up and opened the shop, and went away with five pair of shoes.
He lay in the shop; when I got up, I missed the shoes; he was brought back to my house on Tuesday night by some neighbours apprentices. I charged him with the shoes : he confessed the taking the things in the indictment, and took me to three pawn-brokers, but I found none of them. I said, if he would confess, I did not want to hurt him, or do any thing at all to him; I carried him before a justice next day; there he said he sold the shoes in Rag-fair.
Q. You say, you promised you would not prosecute him.
John Cross , if I found the shoes; but I have not found them yet, nor will he confess where they are, neither had I any of my things again. The justice asked him if he knew any shop there? He said, no; he sold them to the people going about with cloaths on their arms, and that he sold all of them for 4 s. 6 d. and said he put dirt on the bottoms of them, to make them look like old ones.
Charles Chamberlain . I heard the prisoner say before justice Fielding, that he stole three pair of callimanco shoes, and two pair of satten ones, a shirt, a neckcloth, and a table-cloth, and that he sold them in Rag-fair.
The prisoner said nothing in his defence.
2, 3. (M.) John Noon and Henry Goodwin were indicted, for that they on one James Flemming did make an assault, and then and there in a terrible manner did demand the money of the said James, with a felonious intent the money of the said James, against his will to steal, take, and carry away . Oct. 29 .*
Q. Was it dark ?
J. Flemming. No, it was a fine moonlight night. Then they both got up and run away.
Q. What was the meaning of their setting upon you in this manner?
J. Flemming. Noon demanded my money.
Q. What did he say?
J. Flemming. To the best of my knowledge, he said, Damn you, your money. This was at the time he struck me with the pistol. Goodwin was close to him at that time; he did not say any thing then, but he struck me several times. The man I called came up to my assistance, and they ran away. In about nine or ten minutes time, they came into the field again, and we took them both. We carried them to Sir John Oldcastle's; the next day we carried them to Mr. Fielding's, and they were committed.
Richard Parram . I was sent for about a quarter after seven to Sir John Oldcastle's, to take the prisoners into custody; I searched the prisoners, and found this (producing a pistol tinder-box) upon Noon; I asked him who it belonged to? Goodwin said, it was his. I then carried them away to Bridewell.
I was coming from my mother's house, going to her where she was a washing; there were several people together as we went by, and we went in, and asked what was the matter? Some people said, there was an old woman knocked down, and run away after she was dead; then they came and took us, and carried us to Sir John Oldcastle's. I had that thing in my pocket, going to carry it to my mother, who is a chairwoman.
We were coming from this young man's house, and asking what was the matter, the prosecutor said, These two young men have knock'd me down; and said he would attack the first he saw.
Both Guilty .
The prosecutor, James Hough , is a taylor ; the prisoner was his man, and had worked with him about three months, till the 11th of October, when he went away, and the prosecutor missed the lace and the hat, which he advertised on the Tuesday following, and upon that advertisement received a letter from one Thomas Armitage , the person that bought it of the prisoner at the bar.
Thomas Armitage deposed, that he lived at the Black Horse in Well-street, facing Wellclose-square, and had known the prisoner upwards of a year, ( he produced the lace ) and deposed, that on the 10th of October, about 10 o'clock in the forenoon, the prisoner brought the lace to him, and told him he had a brother a captain, and that he had been making cloaths for him, and he had given him that lace, ( likewise deposed) that he bought it, and gave him 15 s. ready money, and 3 d. towards a quartern of rum.
The lace was deposed to by the prosecutor (the prisoner in his defence said, the prosecutor owed him money for making cloaths, and he kept that lace).
5, 6. (M.) Anne Massey , widow , and Mary Massey , spinster , were indicted for that John Massey , on the 8th of July, about the hour of 2 in the night on the same day, the dwelling-house of Susannah Nobbs , widow , did break and enter, and stealing out thence one promissory note of Agatha Child and Co. then bankers and partners, for 31 l. 10 s. being then due and unpaid, 40 guineas, 10 half-guineas, 10 thirty six-shilling pieces, the goods and money of Susannah Nobbs and Thomas Nobbs , one other note payable to the governor and company of the Bank of England, for 60 l. payable to a person unknown, being then unsatisfied for, and 20 guineas the property of George Holland , 6 gold rings, value 3 l. one other gold ring, one five-guinea piece, one two-guinea piece, one louisdore, value 15 s. one piece of antient gold coin called a 25 s. piece, 3 silver medals, 6 silver table-spoons, value 50 s. one silver strainer, one pair of silver sugar-tongues, one other silver spoon, the goods of Anne Mallery , widow , in the said dwelling-house, and that these did receive, and have the said goods, well knowing them to have been stolen, Oct. 22 .*
John Massey produced and read in court. See his trial, No 507, in last Sessions-Paper.
George Holland . I am a servant to Mr. Nobbs in the Strand; on the 5th of November, Mr. Betts, gentleman that lives at Newport-Pagnel, informed me he had directed a box to Mr. Seagood in Well and Bucket court in Old-street, and that he had been at Newgate to see the Prisoner, who is the convict John Massey , and that he asked him if he was guilty of the fact, he said he was; and that in the possession of his mother, the prisoner Anne Massey , there were some notes and other effects, which Mr. Nobbs should never be the better for; upon this information there was a search-warrant obtained to search the house of the prisoner Anne Massey in Red-lion passage, by Red-lion square. Mr. Welch, Mr. Gee, and I went to search; this was on the 5th of November, between two and three in the afternoon, Mr. Welch asked for Mrs. Massey, the daughter, that is the other prisoner, made answer her mother was not at home; he said, she must come and shew him her brother's box, which, she said, was in the garret; she took us all up, and shewed us the box, it was empty; then Mr. Welch asked her to see the things that were in it, she uncovered the bedstead and shewed us a parcel of cloaths, but not the things we went in search of; there was another box, which was the prisoner Mary Massey 's, she gave us the keys, we searched it there, I found a bag which seemed to me to be cash. I asked her whose property that was; she said it was her mother's and her's. Mr. Gee, who was present, called Mr. Welch, who was gone into another room.
Q. Did you find any thing else beside money ?
G. Holland. Yes, in another box I found a 60 l. bank note.
Q. Was all this found in the mother's house?
G. Holland. It was her sister's house.
Q. Did you find any more?
G. Holland. Yes, a banker's note for twenty five guineas.
Q. Did you find any goods and chattels?
G. Holland. Not then, we carried them before Mr. Fielding; I went with them. Mr. Fielding asked Anne Massey for the spoons and rings; she denied them. The daughter was brought in and examined afterwards. She said she took them out of her brother's box by her mother's order; there were some medals. Mr. Gee and I went back again, and took the mother with us. She then called for a younger daughter, which the aunt said was gone out. She was fetched in, and the prisoner, Anne Massey , her mother, said, You must fetch the spoons and rings. I went down with her into the cellar; she gave me a bag, which contained the spoons, rings, and medals mentioned in the indictment; there were fourteen spoons, eight tea-spoons, and six large ones, seven gold rings, and several silver medals; they were concealed under a board in a kind of a dust hole. Mr. Gee took an account of them, and they were sealed up. I have them here. The 60 l. bank note is my property. (He produces them.)
A. Mallery. They are the same; these are the medals and these are the rings.
Mr. Welch. Upon the 5th of November last I received an information from Mr. Nobbs, that a box was directed to town to Mr. Massey, that he had reason to believe it was lodged at his mother's house. I went with him to Mr. Fielding, and took out a warrant to search the mother's lodgings, which I did with Mr. Holland. I was down in another room with the sister of the prisoner Anne Massey . At the time Mr. Holland found the money, I was called up, and Mr. Holland shewed me the money. I asked the Girl whose property that money was; she told me it was her mother's. I expostulated with her yery much, and told her the circumstance of the five-guinea piece. Mr. Holland searched farther, and found a 60 l. note and the twenty-five-guinea note; then she confessed these were a part of the things taken out of her brother's box, and that it was taken out by her mother's direction, and put into her box. Here is a letter; I am not positive whether I took it out of her box or out of her pocket; it is a letter from John Massey to Mrs. Seagood. (It is shewn to Holland.)
Read to this purport.
' Loving aunt,
' I pray for God's sake you will be so good as ' to take my things in when they come, if it is ' but for an hour or two, till my sister can fetch ' them away, and not turn them back again. I ' pray, for Christ's sake you will, for my life is ' depending in it; for if they are discovered before
Directed to Mrs. Seagood, Well and Bucket court facing St. Luke's church, in Old-street.
I took the daughter into custody, and directed Mr. Gee to stay till the mother came home, and bring her to Mr. Fielding, which was done; when the mother came, she denied knowing any thing about the spoons and rings, and seemed in a great agony of mind, and desired she might be hanged with her son, or words to that purpose; she was in a great consternation.
Q. Had you heard about the spoons and ring at that time ?
G. Holland. We did not know whether they were in that house or not, but as the other things were found, it was reasonable to suppose these were concealed somewhere; the mother, as I said before, denied the knowledge of the rings, and it came out from the daughter, she was in another room; they were examined separate. When Mary was sent for to be examined, she said, they were in the lodging of her mother. I did not go the second time to search.
Q. to Holland. Did you hear the mother declare at any time, of her knowing any thing in relation to these goods?
G. Holland. When before Mr. Fielding, she said her daughter took them out of her son's box by her command.
Q. What did she take out?
G. Holland. The plate, the cash, and the notes.
William Gee . I went back to the house the second time with the mother; as I was carrying her to gaol, she desired the younger daughter to fetch the rings and the spoons up stairs; Mr. Holland went down with her, and they brought them up. (He is shewn the rings and the spoons.) These are the things; there is a Nag's Head crest upon them.
What could I do with them when they were brought to me?
To my knowledge I did not know what was in the box till it was opened. I knew not that any thing was in it but cloaths. We have witnesses to call to prove when we received the things.
Richard Murrall . I am a book-keeper to the carrier these goods came up by, the Rose and Crown in St. John's street. On the 30th of October, there came up a sack and a pair of boots, directed for Robert, or Mr. Massey, I cannot say which, there came two or three women for the goods, and asked for them in the name of Seagood.
Q. Are the prisoners the persons?
R. Murrall. I cannot be sure. I told them there were none; they came again in the evening, and not asking for them in the name they were directed, I would not let them have them. I sent them in the morning as directed; they were directed to Mr. Massey at Mr. Seagood's. I sent them to Seagood's in Old-street, and I had two shillings brought me back for the carriage; that is all I know.
Samuel Grindley . Mary the daughter lived as a servant with me between three and four years ago, and I have known the mother about as long, and I never knew but she was a very honest woman before this happened.
Both Guilty .
Elizabeth Thornton . My husband's name is John, he is a surgeon ; I keep a poulterer's shop in Turtle-street ; the goods mentioned in the indictment were in my shop on the 4th of this instant, at about six in the evening, and were brought in again with the prisoner in about four or five minutes after. I did not see them taken away. I knew them to be my property.
Robert Haines . My wife, the last witness, told me there was a man had stripped the prosecutrix's shop; I ran and took him, and brought him back; he had five fowls, one rabit, and a pound of sausages upon him, all which the prosecutrix said were her's. The prisoner said he bought them in the same street for half a crown.
I bought the goods of a man, and gave half a crown for them.
8, 9. (M.) Thomas Dalton and Charles Ainsworth were indicted for stealing five cloth coats, value 40 s. five linsey-woolsey waistcoats, and 5 hats, the goods of Robert Temple , in the shop of the said Robert, Oct. 3 .*
Isabella Temple. I am wife to Robert the prosecutor; we live in Rosemary-lane , and have two shops, one over-against that where we live. On the 13th of October, our apprentice went over to the shop, and returned, and said the things were tumbled about, and he believed we had been robbed; I ran over, and found one side of the shop was stripped of a great many goods old and new.
Q. What sort of goods did you miss?
I. Temple. A great many coats.
Q. Did you lose five?
I. Temple. A good many fives.
Q. Did you lose any waistcoats?
I. Temple. Six waistcoats made of linsey-woolsey, and a great many hats.
Jos. Cox. I live in Cable-street, Dalton the prisoner brought this cloath coat ( producing one ripped to pieces ) to me to be dyed on the 24th of October. I, hearing Mr. Temple had been robbed, carried part of it to him to know if he knew it; there he shewed me the waistcoat to it made of the same cloath, upon which Dalton was taken up, he said, he would not tell how he came by it, till he had spoke with his mother; after which, he said he found it in Rosemary-lane, and who could hurt him; and said after that before the justice, the other prisoner was with him at the time.
Q. to the prosecutrix. Look at this coat; do you know it?
I. Temple. I am very positive it is my coat, and was in the shop, Oct. 12. My husband is ill, or he had been here. (The waistcoat produced in court, and compared.)
Robert Briscoe . I was along with the prisoner when he was before the justice. I don't remember I heard him say he found the coat till after he wanted to speak with his mother; after which, he said he'd tell us more of his mind. We let his mother and he go up into a corner of the room together for six or seven minutes; then she said, who can hang my son, for he found it. I was along with Mr. Temple's young man when we found this waistcoat in Ainsworth's garret; it was hanging up to dry; it was just dyed black.
Q. to Cox. Do you know any thing of this waistcoat?
Cox. I do not, it was not dyed at my house.
Q. to prosecutrix. Do you know it?
Prosecutrix. I verily believe it to be mine, but can't swear to it, the colour being altered.
Going along Rosemary-lane between ten and eleven at night, I kick'd against something, I picked it up, and found it to be a coat. I thought it was not worth advertising, so I carried it to be dyed blue-grey for mourning, my father being dead.
Dalton guilty of single felony, Ainsworth acquitted .
Josias Deponthien. I am a merchant ; we are five partners of us ( naming their names); we drive the Hamburgh and Russia trade; we keep our accounts in such a manner by columns, that we can with ease find out any thing that is missing.
Prisoner. He gave me twenty-five or twenty-six hundred weight.
Prosecutor. If I had given him the whole of that parcel, it would not have amounted to above a ton; but I did not give him the whole. The prisoner confessed the selling thirty-six bundles of yarn : I, knowing all to be rotten I gave him, said, I fansied he had some in his house. He said he was willing to have his lodging searched. He lived in Crown-alley, Moorfields; we went with him; when we got into Moorfields, he was for going to Mr. Goodwin's, in Hog-lane. I said, we are not going there, we are going to your house. He said, we should not go there without a search-warrant. I said, this looks very guilty, after you have invited us to go, you will not let us. Then he said we might go. When we came to his lodgings, he opened the door; there I took up a quantity of yarn. The moment I laid my hand upon it, he laid hold on it, and laid it on the bed, and sat upon it, and swore we should not search that parcel without a search-warrant. The constable then said, he had opened his door and admitted us in, and he insisted upon seeing that. At last he suffered as to see it. I said, this is very good yarn, Boroughs; this is some of an extraordinary nature; how came you by this? He said, I acknowledge that was your yarn; but I bought it of one of your servants, one Nathaniel Hargrove, my footman that had been, but went from me in September was twelve-month to my son-in-law, by my recommendation. I had given him some damaged Hamburgh yarn when with me; I can swear this was not part of that yarn ( the yarn found in the prisoner's house produced in court). This is not Hamburgh yarn, but comes from another part of Germany. We took the prisoner before my Lord Mayor, there he equivocated, and said it was not that man that sold it to him, but one Alfusious, a German, who had been my book-keeper, and is now in Germany, gave it him, as it was damaged. I don't know any merchant in all England that imports this sort of yarn but myself; my son was upon his travels, and he sent me this out of Germany, as a particular sort of yarn, and this is also all sound. As for the Hamburgh yarns, that we all import. There are five or six of us of the business.
Q. How long is it ago?
N. Hargrove. I can't justly tell; it is above a year and a quarter ago.
Q. Did you ever sell him any besides what your master gave you?
N. Hargrove. No, I did not.
Q. Look at this yarn, and tell us whether you ever sold it him.
N. Hargrove. I am not a judge of it; I don't think this to be damaged yarn; all that I sold him was damaged, and broke cross the ends; I sold it for damaged yarn.
Q. from prisoner. Was it examined skain by skain?
N. Hargrove. It was upon my oath, in the counting-house, and then tied up in parcels.
Henry Gabriel Hilier . I live with Mr. Deponthien; I was with him and the constable at the prisoner's lodgings, and heard him acknowledge that the yarn that was found there was Mr. Deponthien's property, but confounded one thing with another: he said it was given him, and then he bought it of then footman, then he said he had
Richard Spreak . I live with Mr. Farmer, a Dyer; the prisoner sent a parcel of yarn to our house to be washed out of the salt water, after that he came to me with some other yarn, and desired I would look at it, and said he had more at home; it was intermixed, I saw good, bad and indifferent; he said he bought it of Mr. Deponthien's footman. I sent one of our men to fetch the other from his lodgings, and I seperated them, and made them up; I believe there was a hundred weight all bad; here is some here of it that is not damaged at all; there was as much good amongst it as was sold for above 12 l.
Q. to prosecutor. What time did you search his lodgings?
Prosecutor. On the 30th of October: and it is above two years ago since I gave him any.
Q. to Spreak. Look at this which Mr. Deponthien calls a particular sort of yarn.
Spreak. (he looks at it) I have seldom seen any of this sort come to England, it is a new thing to me.
Abel Icomb . One Thomas Stacey, that worked for Mr. Farmer, bought some bundles of yarn of the prisoner at the bar, as he informed me, and desired me to sell them for him, about three months ago; and I sold them to one Mr. Walker, but that was not damaged.
Q. What did it weigh?
Stacy. I cannot tell that : I sold four bundles of it for twenty-four shillings, and two more bundles unsold of it lie now at my master's house, Farmer and Goodwin's.
Q. What might it be worth per bundle ?
Stacy. I believe about six shillings per bundle.
I bought this yarn that is here produced, of my master's footman, it had been throwed about the warehouse for two years before, and my master had, about half a year before that, given me a whole fatt of damaged yarn: it was often troublesome, and the servants used to throw it up on heaps. I had Mr. Farmer's man to look at it; he said there might be a great deal of good picked out of it; be brought a bag, and took it away: I went with him to the dye-house; he sorted it out, so much good, and so much bad: the bad I took home, there were six bundles of good, which I sold to Mr. Stacy.
For the Prisoner.
Q. Was there any good yarn amongst it ?
Holland. I cannot say there were.
Q. How long was this ago?
Wallis. It was about a year and a half, or two years ago.
Q. What might be the value of that yarn.
Wallis. I do not know the value of any of the yarn, there might be about seven or eight pounds of it, it was coarsish yarn.
Q. Was you present when it was given him?
Juno. No, I was not.
Q. How long is it ago?
Juno. It is better than two years ago.
Q. Are you sure it was in the same condition when you saw it open as it was when it came out of Mr. Deponthien's warehouse?
Juno. Upon my oath it was; three parts of it had never been opened when I saw it.
Q. What are you?
Juno. I am a Pastry-cook, but had worked at Mr. Farmer's.
Q. to Deponthien. Did you pay duty for these Goods?
Deponthien. When the goods were landed, I ordered them to open them at the Custom-house, and throw the damaged goods away, but they would not do that, but allow me seven-eights of the duty; there were some bundles that were damaged which I did not give the prisoner, but when I came to examine them there was not one single skain of them but what was damaged.
John Marshal . I have known him about five or six-and-twenty years; he served his time with me and my brother, many thousands of pounds have gone through his hands of ours; my brother had no mistrust of him; no more had I.
George Martin. I have known him about twenty years; I never heard any other of him than that of an honest, industrious man.
Mr. Owen. I have known him about five years; he used to open and shut up my shop. I have trusted him with goods to the value of 300 l. at a time, he always behaved extremely honest.
11. (M.) Anne, wife to John Sidel , was indicted for stealing two linen sheets, value 4 s. three linsey-woolsey curtains, value 3 s. the goods of John Dean , being in a certain lodging-room , lett by contract, &c. Nov. 1 . +
12. (M.) Robert Ingmire was indicted for stealing one quilted leather saddle, value 20 s. one woollen saddle-cloth, value 1 s. two woollen girths, value 1 s. one curcingle, value 1 s. the property of Edward Bowles ; one saddle, one check saddle-cloth, and two woolen Girths, the property of Thomas Hunter , in the stable of John Hunter , Nov. 22 .*
John Anderton. I keep a livery-stable, the sign of the Yorkshire-crop by Hicks's-Hall ; on Friday morning was se'nnight I got up and went into the stable (which was made fast over-night) there I missed a saddle, two girths, and saddle-cloth, which belonged to Thomas Hunter . Then I went into another stable, and missed a new quilted doe-skin saddle, a green cloth, two green girths, a curcingle, belonging to Edward Bowles . I advertised them on the Saturday, at a guinea reward; on the Monday morning a saddler in Holborn came to me, and said he had bought one of them, as I had described.
Q. Had you known him before?
W. Rawl. I had bought two saddles of him before; he asked me a guinea and a half for this; I did not buy it: about four hours after that, he sent for me to a public-house; when I came there, he had that saddle and another. I asked him the price of the other; he said 8 s. I bought it for 7 s. 3 d. and 3 d. spent.
Q. to Anderton. Whose saddle is this? Have you seen it?
Q. How long had he been absent from his service?
B. Anderton. Ever since last May. We carried him before a justice of the peace; but before he came there, he confessed to me, and two more, that he had this saddle from out of my brother's stable, and also the other that he had there.
Richard Hall. I was present when the prisoner was taken, and also heard him own he parted with the saddle for a trifle of money.
The saddle that I sold to the sadler, I had by me; it was never in Mr. Anderton's stable, and I had no other saddle.
Guilty 4 s. 10 d.
13. (L.) Caroline, wife of David Butler , was indicted for stealing one woman's cotton gown, value 8 s. one check apron, value 2 s. and one copper frying-pan, value 8 d. the goods of John More , Nov. 13 . +
John More . I live in Red-lion-alley, Cow-cross ; I let the prisoner lie at my house. She went out on a Wednesday morning about a month ago, after which, when we got up, we missed the things mentioned. We took her up, and she owned she had taken and pawned them for 6 s.
Susannah Clay . I am daughter to the prosecutor; the prisoner owned she had taken the goods, and carried me where they were pawned, which was in Hosier-lane, and I took them out; they are in the constable's hands now.
I lodged in the prosecutor's house; but know nothing of the things.
Thomas Salter . On Sunday the 27th of October, about a quarter after eight in the evening, I was walking along by the side of Fleet ditch ; just before I came to the White-horse inn, I felt something pull at my coat I clapt my hand down, and missed my handkerchief; I turned quick about, and took hold on the prisoner; there were none else near me, and he must have come very slily behind me, for I had not heard him. I taxed him with taking my handkerchief; he had got a silk one in his hand, and said he was going over the way for some ham, and that he was a poor apprentice boy; I took him into the inn, and sent the drawer out with a candle; he returned, and brought my handkerchief, which he said he found lying on the ground where I directed him, at the place where I took hold on the prisoner.
Q. How long was this after you took hold on the prisoner?
T. Salter. It was in less than five minutes.
Q. Did the prisoner own he took it?
T. Salter. No, he did not. He told me he was apprentice to Mr. Alcock, a smith, in Swan-alley; I sent for him; he gave him a very indifferent character.
Q. Did you feel his hand at your pocket?
T. Salter. I did.
Q. Where is that drawer that brought in your handkerchief?
T. Salter. He being a servant, is gone home, and is not yet returned.
I was walking behind the gentleman, he turned, and said, My lad, you have got my handkerchief; I must take and search you; there were two or three other lads by; I was going for six-pennyworth of ham.
John Hurdle . I live on Finchley-common; on the 15th of August I sent my servant, Richard Deman , with a cart load of hay to Whitechapel market, and I never heard of it more; he can give your lordship a farther account. I had lost another load the same way about a twelve-month ago.
Richard Deman . I am servant to Mr. Hurdle; on the first day of Barnet races, I came to London with a load of hay. Going to Whitechapel market, the prisoner came to me in Bishopsgate-street , and told me he came from my Master, and said my master ordered me to deliver the hay to him, and took hold of my fore horse, and bid me follow him, and he would lead me to the place; he went down by London-wall, there he bid me stop, till he came again; he came again, and drawed it into the White-bear yard, and unloaded the hay into a loft.
Q. Did you sell it to him?
R. Deman. No, I did not.
Q. Who unloaded it?
R. Deman. I did.
Q. Does the prisoner keep that inn?
R. Deman. No.
Q. Did he talk of paying you for it?
R. Deman. No, he did not; but I said I must either have money or a note, as I always have either one or the other. After it was unloaded, he had me to a butcher, who wrote a note by the prisoner's order; he said he could neither write nor read.
Q. Can you write ?
R. Deman. I can neither write nor read. He gave me the note the butcher wrote.
Q. Did he say he had bought the hay of your master?
R. Deman. No, he did not.
Q. Do you know the keeper of the White-bear inn ?
R. Deman. No, I did not then.
Q. Are you certain the prisoner is the man?
R. Deman. I am.
Q. Does he live in your neighbourhood.
W. More. No, he does not.
Q. What business does he follow?
W. More. I don't know that; he came to our shop, and asked for a pen and ink; I let him have one : then he asked me to write, Received 1 l. 15 s. and six-pence to spend, and a name; which I did.
Received a load of hay 1 l. 15 s. 6 d.
Q. to More. Did the prisoner sign the note?
W. More. I know not that; I only wrote it, and he went away along with the carter.
Q. Where is the landlord of the White-bear?
Prosecutor. He has been attending here, and is gone home for a little time, as he told me.
Q. How came you to take the prisoner up?
Prosecutor. He was put in Bridewell for another such fact, and I heard of it, and I took Deman to see if he knew him; when we came there, the prisoner was making water: as soon as Deman saw him, as we were going in at the gate, he said, that is the man that is making water against the tub.
I never had the hay at all, or saw the man till I saw him in Bridewell; he is mistaken in the man; I am a labouring man, and work in a gang of coal-heavers.
To his character.
There were two other indictments against him for crimes of the same nature.
16, 17. (M.) John Preston and John Dison were indicted, for that they on the 9th of October , about the hour of one in the night on the same day, the dwelling-house of Benjamin Huffham , Esq ; did break and enter, and one gold watch, value 10 l. one gold seal, one silver snuff-box, two pair of silver shoe-buckles, one pair of silver knee-buckles, one silver stock-buckle, two silver spoons, one pair of silver-spurs in the dwelling-house of the said John did steal , &c. *
Benjamin Huffham. I live at Ealing ; on the 9th of October I went to bed between eleven and twelve, and hung up my watch at my bed's head, and put my cloaths at the bed's feet on a chair. In the morning when I got up I could find no watch. I missed my snuff-box out of my coat-pocket; after breakfast I inquired after them, but the boy going down into the cellar, brought up this handkerchief, knife, and bludgeon; ( producing them ) the bludgeon was cut out of a stable-broom. There were meat and bread in the handkerchief. Upon examination I found all the doors fast.
Q. Did you know either of the prisoners before?
B. Huffham. Preston had been my servant, and had left me, as near as I can recollect, that day month; upon searching below, I missed out of a buroe in my parlour, which I found open, two pair of shoe-buckles, one pair of knee-buckles, a silver stock-buckle, and a couple of spoons, and in a closet I missed a pair of silver spurs. There is a confession in court which will open the whole affair. ( Charles Steward Grubb produced the confession of Dison in court.)
Q. Did you hear him examined?
Q. Who wrote this confession?
C. S. Grubb. The town-clerk of Wallingford. I heard it read to him.
Q. Were there any threats or menaces, or the like, made use of in order to bring him to a confession?
C. S. Grubb. No, my lord, there were not; I believe the constable mentioned to him that he would save his neck by confessing; this was after he would not confess going from the gaol to the justice's; then he returned back and made this confession.
The confession read to this purport.
'' The voluntary confession of John Dison made '' before us, Thomas Bishop , Mayor, and Robert '' Mayne, two of his majesty's justices of the '' peace for this Borough, the 17th of October, '' 1754; that on Wednesday the 9th of October '' Richard Preston persuaded this deponent to '' break open Benjamin Huffham 's house at '' Great-Ealing in Middlesex, which he refused '' to do, and told him if he did it, it would be a '' hanging matter. Preston said, why are you '' such a fool, for I can do it without being found '' out; for he knew where Mr. Huffham's key '' lay that opened his chamber-door, and knew '' where his money lay, and swore he would have '' it before he got out of the house; and on
Q. from Preston. Did you ever see me loitering about your house after you had paid me?
B. Huffham. No, I did not. (Dawson asked the same, to which he answered, No.)
Jos. Cross. I am a servant in Mr. Huffham's family; when we went to bed over-night betwixt eleven and twelve o'clock, I locked the cellardoor and bolted it, and carried the key into my master's room. The next morning, about nine o'clock, I went down to draw myself some beer, and found that stick, with the handkerchief and victuals in it, and a knife tied up in the middle of it.
Q. How did you find the lock and bolt to the door?
J. Cross. It was locked, as for the bolt I can't say; I found a hole bored in the door, exactly against the bolt.
John Simons . I live at Wallingford, am a barber and peruke-maker; I went into a neighbour's house on the 12th of October last, about nine or ten in the morning, there were the two prisoners. A neighbour of mine said to one of them, if you have a mind to do any thing in that affair, let the other sell his watch, which was Preston. I found there had been a man about buying it of him. I asked to see it; Preston pulled it out, and I looked upon it, and asked him how he valued it, he said at 3 l. I asked, what do you sell it for, gold or Pinchbeck? he said, d - n his blood, or some such words, if it was gold he would not sell it for 3 l, I looked upon it to be gold, so took them up on suspicion of stealing it. I took them before a justice, who sells gold rings and silver things; he looked upon the watch, and said it was gold. Then I went to the mayor of Wallingford and told him of the affair, and he ordered me to bring them before him, which I did. Preston told the mayor one Duke Dorril died, and left the watch to him for his wages. Then they were both committed on suspicion of stealing it. (The watch produced in court by William Tuckwell , the constable.)
Q. to Simons. Do you know this watch?
J. Simons. This is the watch Preston offered to me for sale; I know it by the bruises on the inside case. I laid it down before the mayor, and he ordered it to be delivered to the constable.
Q. to prosecutor. Is this your watch?
Prosecutor. It is; it was taken from my bed'shead as before mentioned; the seal has my coat of arms on it.
Q. to Simons. Was this seal to it when he offered it to you to sell?
J. Simons. It was not.
Tuckwell. Preston delivered the seal to me before the justice, and he was committed to Reading gaol. I put it to the watch after that there was an advertisement in the news-paper about a robbery at Ealing, by which means we found the owner.
John Timbeley . I live at Windsor; I was sitting at my neighbour's door; the two prisoners were coming up the street about a quarter of a year ago; they inquired for a silversmith; they said they wanted to sell a pair of silver buckles. I said I'll buy them if I like them; they produced a pair of silver shoe-buckles, a pair of kneebuckles and a stock-buckle, all which I bought for nine shillings and five-pence; (producing them) after that, they inquired the way to Reading.
Q. to prosecutor. Look at these, are they your property ?
Prosecutor. They are.
I was never in the house after I went from my master.
I was never in the house.
Both guilty , Death .
The prosecutor did not appear.
19. (L.) Terence Bready was indicted, for that he on the 29th of November , about the hour of one in the afternoon the dwelling-house of Matthias M'Gann did break and enter, two linen aprons, one pair of linen sheets, two linen handkerchiefs, one Guinea, and eleven pounds in money, numbered, the goods and money of the said Matthias, in the dwelling-house did steal , &c. ++
Matthias M'Gann. I live in Black-friars ; I went out last friday with my wife, and I went out, and she went out, and she was the last that locked the door, and I was the first that came home and found the door broke open. We have two rooms; I found a trunk was carried out of the first room to that backwards, and broke open; I found a knife near the trunk broke, which I had seen in the prisoner's possession before, and know'd it to be his knife, upon which I have got the knife in my pocket here now. (He produced it.)
Eleanor M'Gann. I am wife to this man; I rent the ground-floor he speaks of. My husband does not know what I lost, or what I gained; he is only a new comer to me on friday last. I left my room door locked between eleven and twelve, and came home at night betwixt six and seven.
Q. Did the prisoner lodge with you at the time you lost the money?
E. M'Gann. He did not, but he did about a year ago.
Q. Tell the court what you lost.
E. M'Gann. When I came home I found the door broke open; I called to my next neighbour, and said I, lord, my door is broke open, and I have lost every farthing.
Q. What did you miss?
E. M'Gann. Sir, I'll tell you that. I hope you'll give me leave to speak.
Court. By all means.
E. M'Gann. I missed my trunk and box out of my own room, observe I have one room within another, the sheets and blankets were gone off the bed. I went backwards and found the box and trunk, both the locks were broke upon the bed, and one of my own knives I found by the box on the bed. I can't swear to nobody; but they took a guinea in gold, and eleven shilling in silver, and an apron, and carried away my linen, which I value to upwards of nine shillings.
Q. Where had you put your money before you missed it?
E. M'Gann. The guinea lay naked on the bottom of the trunk.
Q. What linen did you lose in the whole? name them.
E. M'Gann. I lost two sheets, two aprons, and two handkerchiefs.
Q. Is that all?
E. M'Gann. No more was gone out of my room.
Q. Why do you charge the prisoner?
E. M'Gann. Why, I'll tell you that. My husband got up and went into the room and found this knife, and he brought it to me to ask me if I had seen it before, and I said I never saw it in my life before. I have no other reason to suspect the prisoner at the bar; I don't want to wrong any creature.
Q. Were any of these things found upon the prisoner?
E. M'Gann. No, I hope he would not wear sheets, or aprons, or handkerchiefs in the street, please your lordship, if he so kind to hear me, the prisoner is well acquainted with me; he knew what I had almost as well as I did myself.
Q. Had he been lately in your house?
E. M'Gann. He was four nights in it of late, and he was the man that had nobody to give him a good word in the world that had dealings with him, but I never saw him guilty of any thing belonging to me.
Q. Was you with him before a magistrate?
E. M'Gann. An't please ye, I was.
Q. Was he charged there with taking any of your goods?
E. M'Gann. No, not in my presence, except he had the money in his pocket, he had nothing, belonging to me.
Q. Consider, and give an answer. Was he charged before the justice with having any of your goods?
E. M'Gann. No, nothing in the world, only leaving the knife in the room.
Q. What said he to that?
E. M'Gann. I can't say, for I never saw the knife before.
Q. Did he say nothing about the knife?
E. M'Gann. He said before the alderman that he lost a knife before, and that he had a mind
Q. When was this?
E. M'Gann. This was on Monday last.
Q. What did you charge the prisoner with before the alderman?
E. M'Gann. He was charged, as I am telling you, he gave an answer he lost the knife two or three days before that, and that he'd give his wife a licking for it.
Q. Was that all that was said?
E. M'Gann. That is all I know.
Q. Was he not charged about the goods?
E. M'Gann. He was not as I heard of.
Q. Was he accused before the alderman of taking these goods?
E. M'Gann. He was not of any thing that I lost, either money or goods as I know of.
Q. What was he accused of before the alderman when you carried him there?
E. M'Gann. He owned he was guilty to the knife, and I know'd no one knew the house, or our way of living better than he did.
Q. You will not have temper to hear, consider of the questions, and make proper answers. What did you accuse the prisoner with?
E. M'Gann. Please your lordship I can't answer it. I do not know what is the business I am talking about; I never saw him breaking the door, nor a half worth in his custody, and so I know nothing about it.
Q. Do you know any thing more beside the knife?
J. Burk. No more my lord.
Q. Do you know whether these people were robbed?
J. Burk. I saw the room door broke open, and two locks broke in the house, but who did it God knows. I know nothing of it unless I wrong myself, which I would not do for the world.
Q. Where do you live?
J. Burk. I live in the same house with them. I have the one pair of stairs, and they the ground floor.
Q. Do you know any thing of their being robbed?
J. Burk. I saw nobody a robbing them.
Q. What did you see?
J. Burk. I saw a trunk and a box lock broke, and the lock of the door broke.
Q. Did the prisoner lodge in that house?
J. Burk. No, he did not.
Q. Did he use to come there?
J. Burk. He has not very often, he has been once or twice in my room.
Q. Where did you see the knife?
J. Burk. To the best of my knowledge I saw it before in the prisoner's custody in my room. I can say no farther.
Q. How did those locks to the box and trunk appear to be opened?
J. Burk. I was not there to see. I know the mark is withinside, the lid might be opened by a small instrument, as a pair of scissars or a knife.
Q. How came you to see this knife in your room?
J. Burk. He lay with me two or three nights.
Q. Upon your oath do you think this trunk and box were both broke open with that knife?
J. Burk. I will not say so for the world.
Margaret Bnrk . Gentlemen, I came out of St. Paul's Church-yard betwixt six and seven o'clock last friday night; I went to the baker's that lives in Black-friars to light a candle, and left my basket of fruit at the door, Gentlemen. Eleanor M'Gann came at the same time. When I came again, Gentlemen, she said, what shall I do, my door is broke open. I went in with her into the farther room, Gentlemen, to see if the sheets were gone, and we found the box and trunk broke open, and what was in the box was emptied out upon the bed, Gentlemen; the prisoner that they took up lay two or three nights in our room, Gentlemen.
Q. Are you wife to the last witness?
M. Burk. Gentlemen I am.
Q. Have you any reason to suspect the prisoner is the person that broke into the room and opened the box and trunk?
M. Burk. No, Gentlemen, only on suspicion of seeing his wife buying a knife at the Royal-Exchange; I have seen it up in my room, Gentlemen, and my husband, Gentlemen, offered to swap it for a little penknife, and, Gentlemen, after the time her room was broke open, I saw this knife with the point broke off on it.
Q. Could you make any judgement whether the box was broke open with this knife?
M. Burk. Gentlemen I will not for the world. I know no more; I don't, Gentlemen, indeed.
Mary Bonser . Our entry is a pretty long one; on Friday in the afternoon about one o'clock, I saw a man whip out of the yard into the cellar, it was the prisoner at the bar to the best of my knowledge; when he came out of the cellar I asked him who he wanted? he said he stayed there to meet Mr. Burk, I thought it was a very odd place to meet a man in a cellar.
Q. Do you lodge in the house of M'Gann ?
M. Bonser. I am the housekeeper there, I left lodging to M'Gann.
Q. Are you charged as the owner of this house?
M. Bonser. I am, and they are all my lodgers in it.
The indictment being laid for breaking the dwelling-house of Matthias M'Gann, the prisoner was acquitted without going into his defence .
No. evidence appeared.
21. (M.) John Woollet was indicted for that he, together with one James Deadman , not yet taken, after the 1st day of June, 1723, to wit, on the 28th day of August , 1754, unlawfully and wilfully did wound, kill, destroy, and carry away two fallow deer, value 4 l. 4 s. belonging to William Hallet , Esq ; which were kept in a certain park or ground of him the said William, inclosed within a brick wall, and other fences, where deer then were, and now are kept .
William Hallet , Esq; On the 28th day of August last, two deer were killed in my park, which is in the parish of Little-Stanmore ; the heads were cut off, and the entrails taken out, which were left behind, the bodies were carried away.
Q. How long have you had that park?
W. Hallet. I have had it two years.
Q. Was it a park before?
W. Hallet. I believe it was not:
Q. How many head of deer were there in this park?
W. Hallet. I had about forty-five head.
Q. Do you know of your own knowledge that these deer were taken away, or do you imagine you lost two from your servants telling of you?
W. Hallet. I saw the heads and the entrails lying, and I missed two of my number; seeing this, I sent to the man who keeps the turnpikegate, to know whether any people had passed through that looked suspicious of having deer? He said, that between one and two o'clock in the morning, there were three men rode through upon horses, they had sacks with them, and gave such a description of one of them, that I had reason to suspect him, he being employed by me as a hay-maker, which is the evidence of Cooper, upon which a search-warrant was got, and the constable is in court that searched the apartment of the evidence; I was not at the searching.
Thomas James . I was employed by 'squire Hallet to search for the venison; I went to the apartment of the evidence Cooper and one Coral, there I found this sack and snare, (producing them) he confessed he catched the deer; we put them in a coach; there the prisoner behaved unruly, and said to the evidence, Well, Cooper, we should have Deadman with us; as we are all guilty alike, we ought all to suffer alike.
Q. Had any body spoke of Deadman before?
T. James. Not one soul. I told him, I thought he run a great risque to venture his neck for a deer. He said, he wished he had known nothing about the deer, and wished he had been taken about a week before, that he might have known his doom, and not have lain rotting in a gaol.
Q. Did you find any part of the deer in that sack.
T. James. No, there was nothing in the sack; but it was bloody, and a great deal of the coat of the deer upon it; but we found no part of the venison at all.
David Cooper . We catched the two deer with this snare; I took one, Deadman the other, and the prisoner, who is the butcher, cut off the heads, and took the entrails out. He was with us in the park; we met at a public-house near Grosvenor-square; this was between seven and eight o'clock.
Q. What day of the month?
D. Cooper. I cannot tell what day it was.
Q. Was the prisoner with you at the alehouse, or only you and Deadman?
D. Cooper. The prisoner was with us; I was saying I worked there, and there were such things in the park, and we all agreed to go.
Q. Did you make the proposal at the alehouse, or before you went there?
D. Cooper. Before: when we got there, the prisoner cut the heads off, and the entrails out.
Q. Who produced the Snare?
D. Cooper. Deadman brought the snare to me; I never killed a deer with him before, but I knew he followed that way.
Q. Upon your oath, was the prisoner with you in the park?
D. Cooper. He was, and cut the heads off; we all three went together; we got over by the iron spikes; it was very nigh one o'clock in the morning: we put our horses into a lane, and tied them to a hedge; we took a horse's halter and tied it to the deer, and one pulled, and the other heaved them up over the wall.
Prisoner. I never was there in my life, nor don't know the place.
Q. to Cooper. How long have you known the prisoner?
D. Cooper. Four or five years; he lived at a place called the Old Ruins, Broad St. Giles's; he is a porter to a market.
Q. How many horses had you, when you went for the deer.
D. Cooper. Three, the prisoner brought one of the horses all the way.
I was at the alehouse when Deadman was there; they spoke for two horses; I said I would not go with them, I did not want a horse. The evidence told me, he had killed an out-lying deer; that he had been a hunting with this gentleman where he worked, that the deer had got out, and the gentleman had given over looking for it; and then he said they were any bodies: they would have had three horses; but I told them they might have but two, for I would not go; but if they brought them, I would cut them up for them; they gave me some liquor, and a trifle of money. I am innocent.
For the prisoner.
Francis Parker . I am a baker, and live in Wardour-street, St. Anne's; I have known the prisoner seven years; his character has been extraordinary good as far as ever I heard; I never knew he did any misdemeanor; he is a butcher, and was set up in Newport-market; he was not a shop-keeper when he was taken up; I never heard him charged with deer-stealing before this unfortunate affair.
Q. Are you a house-keeper there?
W. Lay. I am. On the 27th of November last I missed thirteen guineas, and a thirtysix-shilling piece, from out of a box at my bed's head.
Q. Why do you charge the prisoner?
W. Lay. She was my servant; my wife had occasion to go out between eleven and twelve o'clock, and left the prisoner in charge of the house; and when I came home at night, the prisoner was absconded, and I missed the money mentioned out of the box.
Q. Was the box locked.
W. Lay. It was not a lock box, it was a large tobacco-box, put into my wife's pocket, and put at the bed's head; the prisoner had packed up all her things, and left the key under the door. I sent in quest of her, and she was taken in St. James's-park by Elizabeth Blackman ; she had two gold rings found upon her, for which I suppose she had changed the thirty-six-shilling piece.
Grace Burt . When this woman was taken and brought into the prosecutor's entry, Mrs. Lay came down stairs, and said to her, How could you serve me so? Give me my money. She said she had none. I said, take her up stairs, and make her strip herself. Then the prisoner put her hand into her pocket, and dropped twelve guineas and a half, and two gold rings.
Q. Did you see them fall from her?
G. Burt, I did.
Q. Was the money wrapt up, or loose?
G. Burt. It was loose.
Q. Were there any other people by at the same time?
G. Burt. There were three or four more people in the entry when it fell.
Peter Goadby . I am a pastry-cook in Russel-street, Covent-garden; on the 27th of November Mrs. Blackman called me out of my shop to assist her in taking a person that had robbed somebody. The prisoner ran a good deal, but I overtook her at going into an alehouse near an alley; Mrs. Blackman came up to me, and said, that is
Q. Did you see any money fall to the ground?
P. Goadby. I saw some fall.
Q. Are you certain it did not come from any body else?
P. Goadby. I am sure it did not; and I saw her hand betwixt her petticoat at the time.
Q. Has she confessed any thing?
P. Goady. No, she has not; but said she hoped Mr. Lay would be favourable to her.
Q. Favourable what for?
P. Goadby. I don't know for that.
Elizabeth Blackman . Mr. Lay desired me to go after the prisoner at the bar; I went as far as Pimlico, to the duke's hospital; I could not find her there; but at last I found her at a centrybox at the end of the stable-yard; then I asked her to come along with me; she said she was not afraid to go along with me, for she had stole nothing; I said, I did not know of any thing that had been lost.
Q. What did you say you wanted her to go along with you for?
E. Blackman. I persuaded her to come home to go to washing, and said I was to help her iron. When we came into Pall-Mall, she went into a house; I said, I did not want to drink any thing. She went backward into the yard, and looked about for a door to get out at. I followed her, there was no door; then she desired me to go and fetch the soldier from the centry-box, saying, he was a poor man, and would be glad to drink. I said I would not. Then we went to go on; she endeavoured to get away, and jumped over the kennel; I took hold on her, and broke her petticoat-string: when we came to the end of the Mews, she would go no farther till she drank; we went into a house, and did drink; she went into the yard there; then we came on to Russel-street, there we staid to hear women sing; there she staid, I could not get her along. Then I left her, and went to the pastry cook, and desired he would come with me, and take a woman; in the mean time, she ran up Jackson's-alley, and we found her going in an alley near that alley. Then we had her to Mr. Lay's house, after which I went away, and saw no more of it.
Judith Welch . I was in the prosecutor's entry, and saw the prisoner drop the money; I picked up eleven guineas and a half, and a gold ring and a little boy that stood by picked up one guinea, and a gold ring.
Q. to Blackman. Did you see her change any gold at any place ?
E. Blackman. She paid for the liquor in halfpence.
I am ignorant and innocent of all they accuse me with, I never wronged him of a farthing or farthing's worth in my life. I have been a hard-working woman all my life-time; the money was my money, I saved it abroad. My husband went abroad in the time of the rebellion, and it was his hard fate to be killed at the battle of Val; I entered to be a nurse at the city of Maestricht, and I saved this to keep me in my old age. I always kept in secret to myself; I knew fifteen-pence and a bit of victuals would not keep me in habit; if they had been so full of money, they would not have sent me on the Monday to pawn a silver spoon for 1 s. 6 d.
To her character.
Mrs. Coulton. I have known the prisoner a good many years to be a hard-working body; I knew her abroad. I am matron of the hospital to the third regiment of guards; I have trusted her with all I have.
Q. Was she reckoned to be worth money?
Mrs. Coulton. I never asked her what money she had; she was worth money abroad after her husband was killed.
Q. to Burt. In what circumstances is Mr. Lay?
G. Burt. He lives well.
P. Goadby. He is in middling circumstances, and bears a good character.
Henry Webster , who ran and took the prisoner, and brought her back with the lid.
Q. Look at this lid, do you know it ?
M. Butler. I can't swear to it.
Henry Webster . I was at work in the warehouse; Mary Butler came in and told me that a woman in a red cloak had taken something away under her arm. I ran after the woman and took her, and brought the lid back.
Q. Is this the lid?
H. Webster. It is; I belive I have seen it five hundred times standing at the prosecutor's door.
I was walking along the street, and my apron or something might take hold of it, but I am not guilty of it.
To her character.
Mrs. Stockhorne. I have known the prisoner a great many years; I never knew any harm of her; she lived with me some time, and she was a very honest girl, then I trusted her a great deal.
Guilty 10 d.
Thomas Brown . I am partner with Mr. Robert Baily ; we are haberdashers of small wares; our boy was shewing the prisoner some ribon; I went behind the counter, he desired me to stay a little; I mistrusted he had seen the prisoner take something; they could not agree about the price, she went out of the shop; after which, he told me she had taken a piece of blue ribbon. I went after and could not meet with her. I came home, then went out again and found her near Spitul-square. I went to her and asked her if she had not taken some ribon from my young man; she denied it; then I told her the colour, she then owned it, and gave me it out of her pocket, which I know to be mine marked with my partner's mark.
I went into the shop to buy some ribbon, and laid my handkerchief down upon the counter, not knowing there were any ribon, I took it up with my handkerchief, but not with a design.
To her character.
S C. I know but little of the prisoner; I never heard any thing am of her.
Guilty, 10 .
Anne Jackson . Coming up Wapping-dock-street last night, the prisoner passed by me, I turned back to look at her; she called me saucy bitch, and came and knocked me down; I fell down, and she upon me; she took my cloak and tore it, and ran away with it. I followed her and she would not give it me. She was taken and had before the justice. I would have made it up if she would have acknowledged her fault.
Q. Was it any more than a quarrel?
A. Jackson. Nothing more.
Q. Did she ask you for your cloak or money?
A. Jackson. No, nothing at all; I would freely have forgiven her, if she would have but given me my cloak again. I never saw her before.
John Tureen called upon me, and acquainted me he had recommended me to a Spanish merchant, that was just arrived from Spain. On the 13th of July he brought two gold enameled cases, for me to make two watch-movements into them. The next day, which was the 14th, Mr. Govers came with Mr. Tureen, who told me he was a Spanish merchant; that he not only had commissions from Spain, but from several other parts of Europe beside; that he had general commissions for watches and jewels. I gave him no credit at all then; he said he was in hopes I had put in hand the two movements for the cases.
Q. Did he speak to you in English?
W. Addis. No, he did not at that time; he spoke French to Mr. Tureen, and Mr. Tureen English to me.
Q. When was the next time you saw him?
W. Addis. It was on the of July; he and Mr. Tureen came to, he spoke French to Mr. Tureen, and Mr. Tureen, could not stay, so he left, then Mr. Govers went back into the parlour, in English, but I could understand him; he told me he had commissions from Spain for a gold repeater, and a plain gold watch, called and jeweled, which watches he must absolutely send away by the packet the next day. I kept a workman up the best part of the night to finish them, and finished them the next day by twelve o'clock; I not knowing him, insisted upon some security for these watches before I delivered them; he gave me his own note, payable to Mr. Lefebure at two months for 65 l. upon which I gave him the watches. The note was signed by Henry Govers payable to Mr. Lefebure, and indorsed by Lefebure to me.
Q. When did you deliver them?
W. Addis. I delivered them on the 20th of July last, at which time he told me he was going to be married to a lady of great fortune, and that Mr. Renea, a taylor, in Leicester-fields, was making the cloaths for the wedding. On the 26th of the same month he came to me, and told me a friend of his that came with him from abroad, who was then forty miles from London, wrote to him and desired him to buy him a horizontal gold watch, upon which pretence I let him have a gold watch, value 26 l.
Q. Did he say what price must it be?
W. Addis. No, he did not say what price his friend did fix for to it.
Q. Have you any other security for the payment of that watch but his pretence of being a Spanish Merchant.
W. Addis. No, none at all; that watch he was to return me again in a fortnight's time, or the money. Every time he was in my company he used often to talk of a lady that he was going to be married to; on the 24th of August he came to me again, and waited from twelve to seven at night, for two other movements, value 11 l. The fortnight was then expended for the 26 l. which he was to pay, or return the watch, that was the time I intended to demand the money of him, the time being expired, he waiting in my parlour for these two movements; I being obliged to go out among my workmen to get these movements finished. I intended to have brought an officer to have arrested him for 26 l. and likewise to have better security for the 65 l. but before I left him he pulled out several letters from his pocket, saying, I have commissions from Spain for four or five thousand pounds in watches and jewels.
Q. Did he shew any letters ?
W. Addis. He shewed me two, and said they were from his correspondent in Spain, with the commission; at that time he pretended he was a Spanish merchant, as he always did; upon these pretences, and at the same time his pulling out six gold watch cases, un, telling me he would bring them with six more for me to make movements to go into them, occasioned me to alter my resolution of arresting him, and I also let him have the two other watches, value 11 l. into enamelled cases that I had of him before.
Q. Did he deliver those six cases to you then?
W. Addis. No, he did not.
Q. Do you call the movements, watches, without the cases?
W. Addis. We do.
Q. How soon did you hear of those two watches that he had of you on the 20th of July, one of 45 l. the other 20 l.
W. Addis. The week after we missed him, it was near the latter end of August. I was informed they were both pledged with one Mr. Watson, a pawnbroker, at the corner of Piccadilly.
Q. What day did you hear of his absconding?
W. Addis. On the Wednesday after the 24th of August we made all the inquiry we could, sending
Q. Upon whose information did you go there?
W. Addis. I went there upon the information of Mr. Tureen.
Q. Have you got the other watch?
W. Addis. I have got them all again; I found the other watch at Mr. Dallin's and Warren's; they keep a register-office. That is the watch, value 26l. deposited for 14l. (all three produced in court).
Q. Was the prisoner taken before a justice of the peace?
W. Addis, I was with him before justice Fielding; I charged him before the justice with taking these goods in the manner I have given my evidence here.
Q. What did the prisoner say in his defence?
W. Addis. He said, he would make no reply till he came to a proper place.
Q. How long have you been acquainted with Mr. Tureen.
W. Addis. About three months.
Q. What is he?
W. Addis. He is a broker to the watch jewelers, that is, to deal between the jewelers and finishers, and he is a jeweler besides.
Q. What do you deal in?
W. Addis. I deal in jewels and plate.
Q. How many customers had Mr. Tureen recommended to you before this?
W. Addis. Never a one. I have a very good opinion of Mr. Tureen; he told me he believed Govers to be a rich man, and that he was a Spanish merchant, as he declared himself to be.
Q. Did he say he had known him before?
W. Addis. He said he had known him in France.
Q. Did he say he was of any trade in France?
W. Addis. I do not remember he told he was.
Q. Did he give you any account of his family ?
W. Addis. He did not; I believe Mr. Tureen believed him to be a man of credit, or he would never have been taken in for four or five hundred pounds by him.
Q. Did he tell you he was a man of credit?
W. Addis. He told me, before I saw Govers, he believed he was a rich man; but not to trust him on his word, but to take all the precaution I could, as of a stranger; he said, he told him he was a merchant, and did not distrust his being such.
Q. Upon your oath, when M. Tureen applied to you, did not he tell you that Mr. Govers was a man of credit, and you might trust him?
W. Addis. He did not; he told me he believed he was a Spanish merchant, which he pretended to be; but bid me take necessary precautions of him.
Q. Did you ask him whether he knew he was a merchant?
W. Addis. I did, and he said he did not know. The first time he came to me, he said he had met a Spanish merchant at Tom's coffee-house, whom he had recommended to me.
Q. Did he come with Mr. Govers the first time he came to you?
W. Addis. He did.
Q. Did Govers talk to you in English?
W. Addis. No, Tureen interpreted to me.
Q. Then you know not what Govers said, but from what Tureen told you?
W. Addis. I do not.
Q. The next time he came, was Tureen with him?
W. Addis. He was; but he left me immediately: then Govers told me he had a commission from Spain for a repeating gold watch, and a plain gold one, capt and jeweled.
Q. If this man had come a stranger to you, and told you he had been a Spanish merchant, and if he had not been recommended by Tureen, should you have trusted him?
W. Addis. I should not if he had not shewed me the pretended commissions.
The Second Part of these Proceedings will be published in a few Days.
In the Twenty-eighth Year of His MAJESTY's Reign. NUMBER I. PART II. For the YEAR 1755. Being the First SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE STEPHEN THEODORE JANSSEN , Esq; LORD-MAYOR of the CITY of LONDON.
Printed, and sold by M. Cooper at the Globe, in Pater-noster Row. 1755.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.
Q. IF he, a stranger, had come to you, and produced a parcel of letters which you did not understand a word of, and said they were commissions from Spain, should you have trusted him with sixty-five pounds?
W. Addis. I should not, had I not heard he had had dealings with other people.
Q. Should you have trusted him upon those tokens, without you had heard of him from other people?
W. Addis. I should not.
Q. Was you paid any part for any of these things?
W. Addis. I was for the two watches I made first 11 l.
Q. Who paid you?
W. Addis. Mr. Tureen paid me. (He is showed the receipt, and acknowledges it).
Q. Should you have trusted him on these pretences 65 l. unless he had given you a note.
W. Addis. I should not.
Q. When were these two movements ordered to be made up.
W. Addis. They were ordered, and the two cases brought to me on the 14th of July.
Q. Did he pay you for them before you trusted him with the second order?
W. Addis. No, it was afterwards.
Q. When was the note given?
W. Addis. On the 20th of July, payable in two months.
Q. Was the note ever paid?
W. Addis. No, it never was.
Q. Were these two new watches?
W. Addis. One of them was a gold repeating watch, it was not the worse for wear, though not quite new, but worth more money than I charged.
Q. Did Mr. Tureen come with him the third time ?
W. Addis. He did.
Q. I suppose his paying the 11 l. gave you the more faith in him.
W. Addis. It did.
Q. Did he every time he came into your room say he was a Spanish merchant?
W. Addis. He was always talking of his commissions.
Q. Could you conceive of him as a Spanish merchant, when he talked of buying a watch for a friend forty miles off?
W. Addis. No.
Q. Did not he, before he went abroad, write to Mr. Tureen, or any of his creditors, and desire a meeting of his creditors.
W. Addis. Where the letter was dated I can't tell; his creditors were all of them waiting for him at Mr. Lefevre's, at which time he was at my house, and had I known it, I should have taken proper care of him.
Q. When was this?
W. Addis. This was on the 24th of August; but I was not present at that meeting.
Q. Did he shew you any names in those commissions?
W. Addis. He shewed us two letters with names to them.
Q. What were the names?
W. Addis. I don't know what names they were; he opened them, and said there were commissions in those letters; I was not capable of reading them.
Q. Did he read them to you?
W. Addis. He did in broken English, the purport of which was, for several thousand pounds worth of jewels, and three dozen of gold watches.
Q. Then they might be real letters for aught you know?
W. Addis. They might.
W. Addis. I was.
Q. Was he committed?
W. Addis. He was, to the Gatehouse.
Q. At whose suit?
W. Addis. At several more prosecutors suits besides mine.
Council for prosecutor. We admit there were twenty of them.
Q. Do you all sign the order to carry on the prosecution?
W. Addis. I sign, I can't say they all do.
Q. Are there more than five subscribe ?
W. Addis. There are
Mr. Tureen. I first knew the prisoner by the name Govers.
Q. When was you first acquainted with him?
Mr. Tureen. Thirty-two years ago in Paris; I was in company with him in England seventeen years ago, when he and I were journeymen; he was a jeweler, and was an apprentice in Germany; after that time I never saw him till the beginning of last June, then I met him at Tom's coffee-house with Mr. Lefevre; I had not seen him for sixteen years before; he invited me, when at the coffee-house, to come and see him at his lodgings; I had heard before his father was reduced, and very poor. I went to Mr. Govers's lodgings on the 12th in Greek-street, Soho; he complained to me his workmen did his work very slowly, and wanted me to recommend a watchmaker to him. Then I said I knew a very good workman; naming Mr. Addis. Then he said, I will give you a couple of watch-cases to have them done, and afterwards I shall give you a couple of dozen of watch-cases, if he will do them quick, because he said he was in a great hurry, having some other goods to send abroad, saying he had four dozen then to do. This was on the 12th of July; he desired me not to forget to go to the watchmaker, and tell him; and I carried the cases on the 13th; then on the 14th he desired me to go with him to the watchmaker's, which I did, to Mr. Addis.
Q. How long had you known Mr. Govers then?
Mr. Tureen. I had known him about a month.
Q. In what character did he pass that month?
Mr. Tureen. He said he was going to be married to a lady of great fortune, and that he was a merchant for Spain and Portugal.
Q. Had you ever heard he was a merchant before?
Mr. Tureen. No, I never had. He told me he had sold things to the king of Poland a twelvemonth before. I was present in his lodgings when he sent for his taylor to be measured for his cloaths, and he told the taylor (this for a ceremony) which induced me to believe he was going to be married. I recommended him, after this, to my acquaintance, under the character of a Spanish merchant, and one going to be married. I was with him when he agreed for the repeating gold watch and the plain one: they were ready made, but there was something to be done to them, and they were not delivered to him that night.
Q. Have you yourself dealt with him for any thing?
Mr. Tureen. I have for 330 l. After he had bought these two watches, he gave orders for two other watches to be made.
Q. Did you ever hear any conversation between him and Mr. Addis, he telling him what he was?
Mr. Tureen. I have heard him tell Mr. Addis he was a Spanish merchant, &c. but I was not with him when the commissions were produced.
Q. Do you know Mr. Govers's father?
Mr. Tureen. I do, but I never had any dealings with him.
Q. What was his business?
Mr. Tureen. He was a snuff-box-maker.
Q. Was he not a jeweller?
Mr. Tureen. No, he was no jeweller, but he dealt in jewels.
Q. Did the prisoner serve this time with him?
Mr. Tureen. No, he did not.
Q. When did you know the prisoner in London?
Mr. Tureen. Seventeen years ago; I never saw him from that time till June last.
Q. Whether he was a jeweller or a merchant can you tell?
Mr. Tureen. It was to my great surprize to see the prisoner appear as a gentleman here. I have heard his father was very poor when he died.
Q. Upon your oath can you take upon you to say the prisoner was not a merchant?
Mr. Tureen. I cannot answer to that; I never heard he was one till he told me so himself; he told me he has been in Constantinople, and all over Europe. I don't know what he has been.
Mr. Tureen. I call myself a jeweler. I have been a merchant for seven years. I have been seven years without working.
Q. Then if a jeweler does not work, but deals in jewels, he is a merchant?
Mr. Tureen. Yes sir, I am a jeweler now, and deal too.
Q. Did not you apply yourself to him at Tom's Coffee-house in order to be employed by him?
Mr. Tureen. No sir, he desired me to come and see him; he was very polite and civil to me.
Q. Did not you apply to him as an acquaintance of his father's, and hoped you should be employed by them?
Mr. Tureen. No sir.
Q. Did you recommend him to Mr. Addis?
Mr. Tureen. I did, and said, I hoped he would be a good customer.
Q. Was that true of false that he was going to be married to a great fortune; will you take upon you to swear he was not going to be married?
Mr. Tureen. I can't tell such a thing of a foreigner, he made me believe he had paid about three thousand pounds in less than two months time for goods sent abroad.
Q. Can you swear he had not?
Mr. Tureen. I can swear nothing; but I think he cannot have done it; I know his goods were in pawn.
Q. Will you swear all the goods he bought were in pawn?
Mr. Tureen. No sir; but I wish they were.
Q. Don't you know of your own knowledge he has made several payments?
Mr. Tureen. He has, some trifles ?
Q. Did he tell you what was done with the goods?
Mr. Tureen. He said he would send them abroad, but he pawned them directly.
Q. You say that Mr. Govers told you he has employed workmen to whom he has paid three thousand pounds for work done for him.
Mr. Tureen. Yes sir.
Q. Can you say he has pawned those goods done by these workmen?
Mr. Tureen. Part of them.
Q. How do you know that?
Mr. Tureen. I found it out by going about?
Q. What part?
Mr. Tureen. Silver plates, watches, and rings.
Q. How many watches?
Mr. Tureen. Above a dozen, and above a dozen watch-cases, either he or a man that he had to pawn them for him.
Q. How do you know they were pawned by his orders?
Mr. Tureen. I know the man that pawned them for him.
Q. Do you know that of your own knowledge?
Mr. Tureen. He told me so himself, and I went and found the identical goods in the pawnbroker's hands.
Q. Whether you yourself did ever offer any goods to Mr. Govers for sale?
Mr. Tureen. Several times I did; the more is my misfortune.
Q. Did you ever offer him goods that he did not buy?
Mr. Tureen. No, none but what he has bought, except when we could not agree in the price; but the reason why he did not buy was, that the people wanted ready money that the goods belonged to. When I offered him any other people's goods he would say, I will give you so and so, and a couple of guineas for yourself upon the nail; but the people wanting ready money, was the reason the price did not answer.
Q. Are you a creditor of Mr. Govers?
Mr. Tureen. I am; he owes me money.
Q. Was there a letter sent to desire a meeting of his creditors?
Mr. Tureen. There was; but he only pretended, he never went abroad at all, I believe.
Q. Whose goods were the silver plates ?
Mr. Tureen. They were Mr. Tamphire's.
Q. Whose the watch-cases?
Mr. Tureen. They were Mr. Ferron's, and the watches Mr. Addis's.
Q. At the time of the advertisement had you any notion that he had deceived any body by false tokens?
Mr. Tureen. Yes, to be sure, I looked upon him to be a great defrauder.
Q. In what manner was he brought to justice?
Mr. Tureen. He was discovered by a letter.
Q. Where did you first see him afterwards?
Mr. Tureen. Mr. Rennie brought him to an officer's house in the Strand; I saw him coming out of the house.
Council for prosecution. You make these two distinctions, he that works in jewels, you call a jeweler, but he that deals in jewels unmanufactured as mere merchandize, you call a merchant?
Council for prosecution. Do you believe now that was a pretence that he was going to be married?
Mr. Tureen. I believe that was only a pretence in order to defraud the people?
Council for prosecution to Mr. Addis. Look at that paper. Do you know that hand-writing, have you seen the prisoner write?
W. Addis. Yes, I have several times. ( He looks at it) I am sure this is his hand-writing.
Council for defendant. Where did you see him last ?
W. Addis. I saw him before justice Fielding.
Q. Don't you know that his rooms were broke open by Mr. Fielding's order?
W. Addis. I don't know that.
Mr. Robinson. (He looks at the two letters.) I know Govers's hand-writing, and I believe them to be his hand-writing.
Q. Can you swear to it?
Mr. Robinson. I can.
Council for defendant. Did you not promise to forgive that man if he would let you into the secret of making snuff?
Mr. Robinson. I never thought of such a thing.
Council for defendant. Did you know any thing of these advertisements?
Mr. Robinson. (He looks at them.) On the 24th of August last, this man, instead of paying me a note that became due, ran away. When he had so done, he wrote a letter, and it came to us on Sunday, and there you'll if find he says expresly, I have ordered the person that I have left this letter with not to give if you till Sunday, that I may have time to make my escape. The gentlemen on the Sunday night got together, and did not know what to do, and Mr. Lefevre went post to Calais, and there he intercepted a letter that was wrote to Madame de La Chapelle. In this letter we found out many proceedings but when this advertisement was made out, I was out of town, and did not know of its being put in. We were first informed there were upwards of two thousand pounds in goods he had bespoke in hardware, quantities of lace, and other things that were looked out to be sent in to him on the Monday morning, but he ran away on the Saturday, therefore this advertisement was put in the paper in order to take him, but I find we are blamed for advertising this large sum.
Council for defendant. Don't you know it was proposed in that letter to his creditors to pay them as far as it would go?
Mr. Robinson. No, it is no such thing.
Council. Look at this letter.
T. Leretondale. I have seen it before.
Q. Have you made any translation of it?
T. Leretondale. I have it here in writing. ( He delivers it to the clerk of the arraigns. It is read.)
'' A thunderstroke which has just crushed me to '' pieces, obliges me to provide immediately for '' the security of my person; it is not that I am '' doubtful of the goodness of your intentions '' towards me, although I have the misfortune to '' owe you sufficient considerably to disorder your '' affairs; yet I flatter myself that you will lend '' your assistance to facilitate the means for paying '' you, in granting me sufficient time to enable me '' to settle my affairs. But there are others, who, '' perhaps, may seek my destruction, and who '' in destroying either my reputation, or otherwise, '' would, by endeavouring to seize on my '' person, deprive me of all the means to enable '' me to satisfy them so long as I live. I therefore '' beseech you to take upon you to call a '' meeting of Messrs. Addis, Tureen, Robinson, '' Tribe, La Basle, Ferron, Rennie, my silversmith '' for large plate, in order to give me '' a letter of licence for three years; I offer to '' pay down, on the signing of it, the first year's '' interest, at the rate of 5 l. per cent. by the '' year, the interest of the second year at the end '' of two years from this time; and in the third '' year your principal in full.
'' I ask it as a favour of you, as well as of all '' the rest of the gentlemen, not to examine into '' the wrongs that I may have committed by '' dissimulation, and my bad behaviour; I '' thought it was necessary to enable myself to '' continue my commerce, and that I could no '' longer do so, but with ready money, and that '' I must consequently use the precaution of keeping '' by me sufficient effects to enable me to pay '' you in ready money for what other dealings I '' might have with you for the future, if you '' should grant my request.
'' I hope neither you, nor those gentlemen, if '' they will but regard their own interest, will '' divulge to the world my affair, because I tell '' you frankly that I will not appear. If you '' don't grant me the time in good form, I shall
'' I reserve the particularizing my losses, my '' misfortunes, until I may, with safety, come '' among you, you will then clearly see I can do '' no otherwise; I hope that all this considered for '' yours and my interest, you will send me without '' delay a favourable answer that will enable '' me at all times to be
'' N. B. If I have the misfortune not to hear, '' from you by the return of the post, '' I must tell you I shall pursue my '' journey.
'' You will, without doubt, be surprized that '' you received my letter but to-morrow; Sunday '' I left it with a person with orders not to give '' it you before that day, that I might have time '' to make off. I shall repeat my humble request '' to send me your answer by the return '' of the post of next Monday, directed to H. '' Govers, at Mr. La'Sambier's in Golden-head '' street, at Calais.''
L. Lefevre. I set out from home on Monday the 26th of August, and got to Calais on the Tuesday about twelve or one. I went to the governor there, he directed me, to go to the king's attorney, which I did; I found the prisoner was not come there, the next day I found a gentlewoman who passed for Mrs. Govers. I examined her whether she had any goods of mine. She had nothing but her own cloaths. I asked her if she knew the prisoner, she said no; the post-man came in while I was searching her, and these and two letters I have in my hand which he brought in, one inclosed in the other; I know them to be the hand-writing of Govers. She said I used her very ill, but I told her what I did was by the authority I had from the king's attorney.
Q. to the translator. Look at this, (the inclosed letter) have you a translation of it?
Translator. I have here a true translation. (He delivered it to the clerk of the arraigns.)
Council for prosecution to Leretondale. Is this a true translation?
Leretondale. It is; I have examined it. (It is read.)
London, Aug. 26, 1754.
'' Will fortune never tire herself in persecuting '' me? Persidious and cruel as she is, I defy her, '' if she does but esteem her whom Ladore.
'' The amiable qualifications of thy soul, dear '' and tender friend, which have inspired mine '' with a flame as lively as it is delicate, assure '' me, that if the capricious and barbarous don't '' do justice to your read, ment so much as she '' ought, at least she'll respect your virtue. I '' went home so soon as I left you; I surmised '' that my motions were observed; I kept myself '' upon my guard, and well I did; for my presence '' of mind urged me to take all necessary '' precautions; I sent a trusty person to my lodgings '' to get intelligence, and he was told several '' persons had been to inquire for me, one '' after another, who seemed very anxious and '' uneasy. I took a coach, and drew up the '' shutters, and was drove in and about my own '' neighbourhood, where I perceived I was watched '' by several persons who surrounded my lodgings, '' in expectation of seeing me go in or out;
'' But what! adorable Beaujour, methinks I '' hear you sigh. My tender heart informs me '' yours suffers, and that your charming eyes '' drop tears on account of my fate. No, no, '' I mistake; my love informs me that is not the '' principal cause of their grief; it is because I '' am so unfortunate as not to be near enough to '' wipe them. Come, my sweet angel, let us '' take courage, and expect every thing from '' time and our intimacy.
'' Stay at Mr. La'Sambier's until the storm is '' over, or a little calmed; I endeavour to give '' them the change (that is, to baffle them).
'' I wrote to Mr. La'Sambier on the cover of '' this, that you are to arrive, if you are not already, '' at Calais, that he should give you this '' letter, that some letters are to come there for '' me, that I desire him to put them into your '' hands, in the name of Henry Govers , and '' you will send them to me, directed as follows, '' To Mr. Beaujour, at Mr. Rennie's, against the '' White-horse, in King-street, Golden-square, '' London.
'' N. B. Well understood that you will put '' them under love above-mentioned, take great '' care to recommend discretion to Mr. La'Sambier; '' tell him I am somebody for whom you interest '' yourself; that I have had misfortunes, that I '' am obliged to take measures with my creditors; '' that if any one writes to him, or any one in '' Calais inquires of him if I am there, and '' where I am, let him answer simply that I '' thought proper to secure myself at Calais until '' other orders. Be punctual in writing to me, '' don't lose one post, I'll do the same; let what '' will happen, I repeat it to you once more, '' stay at Calais until matters are decided in one '' shape or other; rely upon my love, that will '' last as long as I live; it is Beaujour who swears '' to you; thy soul shall be my surety; rest contented, '' preserve those days in which mine are '' attached. Adieu, dear and tender friend; to '' God I recommend you; I mean the god of '' love, until it is possible for me to come and prove, '' in your arms, the vivacity of my sentiments.
'' It is owing to the managing my affairs '' as I have, that my creditors believe that I '' have baffled their vigilance, and am got to '' Calais. I mention to Mr. La'Sambier that I '' shall arrive forthwith; it is being fearful of his '' indiscretion that makes me so cautious.''
Council for prosecution. Read the other. ( It is read.)
London, the 24th Aug. 1734.
'' I have the honour to inform you, that '' Madame de La'Chapelle is set off from here today '' for Calais. I beseech you to be so good '' as to give the inclosed into her own hands, and '' to none else; it is a letter in which she is '' interested.
'' I hope you would willingly do me the favour '' to receive the letters which may come '' for me directed to you, and to give them to '' Madame de La'Chapelle, who will pay you the '' postage, in case she be arrived in your city '' before me.
'' I will do my best to prove to you that I am '' worthy to be,
To Mr. La'Sambier, in Golden-head-street, at Calais.
Q. to Lefevre. How long have you known the defendant?
L. Lefevre. I knew him in France from a child; he was a neighbour of mine: he came to me about the beginning of May last, and told me, he was sent by a company, and that he was to deal
Q. Where did he lodge in London?
L. Lefevre. He did lodge by the Tower. He told me he had correspondents very large; he looked over goods with me, a watch set with diamonds, rings, and other things, to the value of 100 l. He said he would sell some in Spain, and some in Portugal, and try which would do best. (Here he was going to give an account how he defrauded, him and of what; but the council for the defendant let him know he was trying for another fact, and that what charge he had against him was not in that indictment.)
Q. Did you know the defendant's father?
L. Lefevre. I did.
Q. What was he?
L. Lefevre. A merchant and snuff-box-maker.
Q. Did you ever see the defendant at home with his father?
L. Lefevre. I have, he was in a frock then.
Q. Did you see him when he was in England some time ago?
L. Lefevre. I did.
Q. What was his business then?
L. Lefevre. I don't know that; he did something in the jeweling and trinket way.
Q. How long has he been in England this last time?
L. Lefevre. The first of my knowing of him was in the beginning of May last.
Q. Did you go to him, or he come to you?
L. Lefevre. He came to me where I live in Bow-street, and told me he came here for very large dealings.
Q. Did you believe him?
L. Lefevre. I so far believed him, that I gave him some credit, and recommended him.
Q. Was you ever paid for any goods you sold him?
L. Lefevre. He gave me a little money to shew me he had some.
Q. How much was that little?
L. Lefevre. He paid me 22 l. out of 500 l.
Q. Do you know he had any more money about him at that time?
L. Lefevre. No, I don't know that, he told me if I wanted a hundred pounds, or more, he would let me have it; but when he had got as much as he could, he went off. I had so good an opinion of him, that when he said he had a great order for plate, I took him to Mr. Stampair the silversmith.
Q. Did you ever ask him for money?
L. Lefevre. I did sometimes, and he would always have some excuse, but I did not really suspect him to be a thief, till I found it out.
Q. As to the Letter that was sent to you about meeting his creditors to compromise matters as well as you could, what prevented that taking effect, that you would not have compassion on the gentleman ?
L. Lefevre. Because he does not speak like a gentleman on a tradesman neither in that letters
Q. Did not you hear he was at Calais?
L. Lefevre. I did, but he was not there.
Q. Don't you think if you would have had compassion on him, he would have come back, had you compounded his debts by the letter he wrote?
L. Lefevre. If he had given good security for what he offered, we might have done it.
Q. How do you know he never was at Calais?
L. Lefevre. By all circumstances that appear.
Q. Did he not surrender ?
L. Lefevre. No, he did not.
Council. Look at these two watches ( a plain gold watch and a gold repeater ).
J. Watson. On the 20th of July last, these two watches were pawned with me for thirty guineas; in the name of Jarmes. I never saw the defendant in my life; they were redeemed by order of Jarmes. I think they are the same.
C. to Addis. Look at these and see if you know them.
W. Addis. These are the two watches Govers had of me I saw them in the custody of Mr. Watson, I gave the pawnbroker a receipt for his indemnification.
J. Watson. I remember you now, I have your receipt at home.
Q. to Watson. What is the value of the two watches ?
J. Watson. I cannot take upon me to set a value upon another man's goods; I believe I could sell them for forty guineas, and no more.
Q. Would you give forty guineas for them?
J. Watson. I would at this time. (The jury being some of them watch-number, looked at them, and deceased they were well worth the money the defendant was to pay for them ).
Mr. Delven. I keep a Public-registers-office.
Q. What would you have given for it?
Mr. Delven. I would have given 20 l. for it.
Mr. Rennie. I had been acquainted with Govers from about the latter-end of last June; then I became acquainted with him at the prince of Orange's head in the Hay-market. (He is shewed a letter) About two days before he wrote this letter, he applied to me, and told me, he had met with a fatal stroke from abroad, and had sustained great losses; and said, he was afraid if his creditors should know it, they would trouble him; and asked my advice, saying, he had some notes to pay quickly, and he was incapable of paying them. I advised him to write to his creditors, and keep out of the way till he heard from them. He said he was fearful of staying in England. I told him, if his writing did not succeed, then to go to France. He said, he believed he should not be able to pay them in less than two or three years. When he told me that, then I advised him to go to France. He said he would; but he staid in town on Saturday, Sunday, Monday, and Tuesday.
Q. How do you know that?
Mr. Rennie. Because I saw him. I was present when he wrote this letter in London to his creditor; I take it to be on a Saturday that he wrote it; I really believe he went to go out of England; he went to the coast of Sussex to embark, because he heard his creditors were gone to Dover. I took him to be an honest man.
Q. In what language did you and he discourse?
Mr. Rennie. In French; he can talk English, and but a little.
Q. How came he to be taken?
Mr. Rennie. I went to a gentleman's seat in Hertfordshire, and the next day coming home, I met Mr. Tribe, one of his creditors, in Tyburn-road, who informed me he was gone off; and Govers sent Mr. Gibeard and Mr. Paris to me, before I had been at home two hours, for me to come to him in James-street, in the Hay-market. This was on the 7th of September; one of them called him to me at the door; then he took me by the hand, and said he was come to England upon seeing his name advertised in the papers, and he would have satisfaction for the affront put upon him. I told him I was very glad to see him come back, for that I myself had been calumniated about having a letter directed to me, and also about having had talk with him. I asked him if he really came to surrender to his creditors, or whether he was the honest man he had told him he was? He said, Yes; and that he had no other than fair dealings with his creditors, and he was not afraid of them, and asked me how he must go on. I told him, if he had a mind to shew himself, as he pretended, that in following my advice he would complete his design, and I advised him to come along with me to an officer's house, and give me leave to go and call his creditors that minute, without going into any other house. Then I went to Mr. Randle's in the Strand, a sheriff's officer, and told Mrs. Randle, there was a gentleman wanted a lodging, and I did not know but he might stay some time with her; that he was come to surrender, and desired her to let him have a good room. He willingly went with me, and called for a glass of wine; at my opening the door, he saw two gentlemen, one of them I knew; I asked him if he knew either of them? He said, he did one; and said he was fearful of being seen by that Man. I asked him for what? He told me, that by that man's intelligence he might be betrayed for the 200 l. mentioned in the papers, and make his affairs worse. I said that was very well thought of then I took him to my own house, and told Mrs. Randle I would bring him on the day following. He said at my house that night; the next day I sent a messenger to Mr. Deval, a friend of the creditor's, to let him know I had something to tell him. My servant returned, and said he was not at home. I went afterwards to Mr. Gosset, where I met Mr. Lefevre, and told him I should be able to bring the Defendant and his creditors face to face. He seemed to rejoice at it, and asked a farther meeting that evening at a coffee-house in King-street. I went in the evening, and told him I was in hopes I should shew him to him the very next day, and desired him to get writs to arrest him; then I thought I should have no farther concern in it. That very evening, which was on a Sunday, the 8th, I took the defendant to Mr. Randle's house again; there I sat and drank a glass of wine with him, and left him there, and went home; and as I was drinking a dish of tea on the Monday Morning, came a note to me, which I shewed to Mr. Deval; he begged of me to call on him before I went to his creditors; I went to him, he then asked me, if I had seen any of them? I said, no.
Q. What was your opinion of him as to his honesty?
Mr. Rennie. I knew no harm or good of him. I did not know he had dealt for a shilling till the day before he went away; now the common cry is against him.
Q. Upon the whole of what you say, as to the conduct of the defendant, whether it did not appear to you that he did it with an intent to satisfy his creditors?
Mr. Rennie. He said he came with intent to face them.
Q. Did he go voluntarily with you to the officer's house ?
Mr. Rennie. He did.
Q. From the time that you first saw him after his return, to the time you surrendered him, might not he have made his escape ?
Mr. Rennie. For what I know he might; I had no warrant, or gave any charge concerning him where I left him.
Q. to Lefevre. What did the defendant say to you in the officer's house?
Mr. Lefevre. He said to me, in the officer's house, if he had met me upon the road, he would have blown my brains out.
Q. Did he tax you with putting the advertisement in the papers?
Mr. Lefevre. No, he did not; I was abroad then.
For the defendant.
Claud. Delacombe. (he spoke by Mr. Lamash an interpreter ) I am a captain in the Imperial service; I have been in England since March last; I know the defendant.
Q. Do you know Mr. Roberts, a merchant, in Brussels ?
C. Delacombe. I did; but not as a merchant at Brussels. He was a merchant; I was acquainted with him when I was with the defendant; I know the defendant had given goods to his hands.
Q. Do you know whether Mr. Roberts had any money of the defendant's in his hands?
C. Delacombe. I don't know that; I have heard them talk very much about trade.
Q. Do you know that they traded together?
C. Delacombe. I do not know; but I rather say yes than no. As I was one day at the custom-house, there was one Mr. Showler and Govers together; I heard Showler say to Govers, that Roberts was run away with some goods belonging to him; and Govers said, with a loud voice, I believe he has run away with too much from me: that he had four or five thousand guilders of his in his hands, and he feared he should lose them but don't know when it was he failed.
Q. When did you hear this talk?
C. Delacombe. At the latter-end of last August.
Q. Was Govers a trader, or not ?
C. Delacombe. He passed for a trader while I was at Brussels.
Mr. Openham. I knew the defendant at Frank-fort in Germany about five of six years ago. I saw him at Lipswick, at the great fair there; I have seen him transact business in wine-houses; I have dealt with him myself in jewels, watches, and tweezer-cases. My father and his were particular acquaintance together at Paris; his father was a jeweler; he was the greatest dealer in France. I knew the defendant at the Change, and at Tom's coffee-house; he told me he had got some coloured stones to dispose of, and he sold them to a person whom I recommended him to. I had so good an opinion of him, that I offered to be his ball body for body. I can swear myself worth four or five hundred pounds.
Mr. Paris (he being also a foreigner, spoke by Lamash the interpreter ) I have known the defendant twelve or fourteen years; I found him about four months and a half ago in England. I think he followed the trade of his father, he told me so in England. To my own knowledge he always paid his way very well at Paris, or where he went.
Q. Where do you live;
Mr. Paris. In Northumberland-court, Charing-cross.
Q. What is your business?
Mr. Paris. I am a doctor and chymist.
Q. Where is your shop?
Mr. Paris. I have none; I belong to Dr. Ward.
Henry Mansel was indicted for the wilful murder of Isaac Emmerton , Nov. 6 . *
Edward Tufnel. I live at Barnet in South-mims Parish; on the 6th of November, a little after four in the afternoon, I had been in the fields to fetch up master Peter Davis's cows at the waggon and horses; I heard a noise in the house; I went in, there was the prisoner (he is a soldier ) and Mr. Emerton; there had been some quarrel between them, the prisoner was in a great passion, swearing and tearing about.
Q. Were any body there besides they too?
E. Tufnel. I did not see any body else but they.
Q. Did you see the beginning of the quarrel?
E. Tufnel. I did not.
Q. In what room were they?
E. Tufnel. In the kitchen.
Q. Who was the soldier taking about?
E. Tufnel. He was quarrelling with Mr. Emmerton.
Q. Do you remember any of the words he made use of?
E. Tufnel. I cannot say that.
Q. What did you see him do?
E. Tufnel. He threw his coat about the house, and said, he did not mind this or that man.
Q. Was he in his shirt?
E. Tufnel. He was in his waistcoat, and I desired him to be quite.
Q. Was he sober?
E. Tufnel. He was a little concerned in liquor. I desired him to go to bed; he went up stairs, I thought he had been gone to bed, then I went out into the yard to put the cows up as usual, Emmerton was in the kitchen all the time.
Q. What did Emmerton say when the other was in his waistcoat?
E. Tufnel. He desired him to be quiet and go to bed, and said, he thought that was the properest place.
Q. Did you return into the house again, and how soon?
E. Tufnel. I did, I came in again after a very small trifle of time; I had only put the cows in the stail and given them a bit of hay, and was coming into the house for the maid to come out to milk. She said, for God's sake go after the soldier, for he has got his sword, and came running to me. I went through the house after him, he was just entering at the gate after Mr. Emmerton, and Mr. Emmerton was just within the gate, going to shut it to save himself.
Q. Describe the yard, and how it lies from the house.
E. Tufnel. Emmerton had gone out at the door into the street, and from thence through a gate into the yard; the soldier, when I saw him, was in the street, at the yard gate, he burst the gate open before Emmerton had time to shut it te close; he rushed in and stabbed him with a bayonet, and left it in his breast, He made his escape into the street, then to the house, and into his chamber, and wrapped himself up in the bed-cloaths; I called out for help, and we went and took him.
Q. Who was in the house when you went thro' it?
E. Tufnel. There were nobody in it then.
Prisoner. There is ne'er a man knows any thing of the matter but him, and he has said a deal that is false; there were four men in the kitchen, besides the deceased, drinking with me; ask him if he knows them.
E. Tufnel. to the Question. I saw none but they two.
Prisoner. The other four men all made off; I do not know who they were; I was at my quarters, and beat in a desperate manner before I took my bayonet out.
Q. Were there any angry words made use of by Emmerton ?
E. Tufnel. I don't remember any.
Q. Did you see any blows pass?
E. Tufnel. No, I did not; Emmerton had received some, but I did not see them.
Q. Was the prisoner bloody or bruised?
E. Tufnel. I cannot tell that.
Q. Did Emmerton appear to have been beat when you went first into the house?
E. Tufnel. His face appeared all over blood then.
Q. Whence did the blood seem to proceed from?
E. Tufnel. His nose had been bleeding.
Q. Did the prisoner appear to be bloody?
E. Tufnel. I did not see that he was at all.
Q. If his face had been bloody could you have seen it?
E. Tufnel. I could.
Q. Did he seem to have been beat?
E. Tufnel. No, he did not.
Prisoner. He did not see the beginning of it.
Juslin Duburgy Jones. I am landlord at the ship and dragon, and am a close neighbour to this house, the Waggon and Horses; I heard a noise like quarrelling in it on Wednesday the 6th of November, betwixt four and five in the evening. I walked up to the door, and heard more voices than one.
J. D. Jones. I reckon I heard three. I went into the kitchen, there was one Peter Purton , a Wheeler, he was holding his hand to his eye, and said, the soldier had given him a black eye. Mr. Emmerton had got the soldier by the collar shaking him, and said, Sirrah, you rascal, you don't ought to strike them that don't trouble their heads with you, and he put him back into a chair at the side of a table. He said, you ought to be put in the stocks you rascal, for meddling with them that don't meddle with you, and disturbing people in your quarters; and he gave him a twitch by the collar, and said, Go to bed, you villain, and the soldier fell on his face to the ground. This twitch, I imagine, was with an intent to make the soldier go to bed; the prisoner got up again, and they shoved him partly up stairs, and I thought every thing was quiet. My house is about twenty yards from Mr. Davis's house; when I got to my own door, I turned my head and saw Mr. Emmerton come running out of the house along the street, and ran towards me to go in at my next neighbour's door, he could not get in, he turned back again to run into the yard, and went to go in at the gate; in a moment, before he could get in, I saw the soldier with this bayonet naked in his hand, run out of Peter Davis 's house ( producing one ) he was in pursuit of Mr. Emmerton; Mr. Emmerton had just got in at the gate; he came to thrust the gate against the soldier (but I did not see the fatal blow) he being on the inside of the gate, the soldier ran short back again after the mischief was done; I cried out, knock him down, knock him down; he ran into the house again, and up stairs in a moment's time, and covered himself with the blankets; the evidence Tufnel struck at him but did not hurt him. Mr. Emmerton came bursting out at the gate, and this bayonet stuck in his right breast, I believe seven inches and a half, and down he fell before me; please to observe by the blood on it, it may be seen how far it was in the body, I went to help him up, and pulled the bayonet out, but he never had time to say, Lord have mercy upon me. I believe it pricked him to the heart.
Q. How many people did you see in company with the soldier when you heard the quarrelling first ?
J. D. Jones. I saw none but Mr. Purton and Mr. Emmerton with him.
I was going into the country upon command, with three deserters; there was a serjeant, a corporal, and nine of us. My quarters were at the Waggon and Horses at Barnet, there was nobody when I came there first but the maid; after I had been there about two hours we had our dinner; then my comrade and I went to the Green Man, and had a pint of beer each; there was a corporal, two men, and the deserters. After having drank three pots of beer there, I returned home to my quarters, and my comrade went to the horse-races. I called for a pint of beer, there were three more men besides; Mr. Emmerton and they said, I might come into their company, if I would spend my pint with them. After that we had a dram or two of gin, and I drank a little more than did me good; then there was a spute who should pay the reckoning. Then I said, I would pay as much as they. One of them d - d me, and said, you are like the rest of the blackguard soldiers. The landlord said, pay your reckoning, that is the best way, to have no more about it. I paid four-pence; one of them stept up to me, and said, you scoundrel, that is not enough, and knocked me down; I got up and hit him again; then another struck me; then I lay down, and in a minute or two they came at me, and beat me in a terrible manner. I lay down on the stairs, and took hold of my bayonet; he struck me once or twice, and so did the rest; I was beat so, that I was perfectly senseless; I hardly knew what I did , or whether I stood on my head or heels. They went to take the bayonet from me, and they tore the scabbard all to pieces. Then I went up to bed, and pulled all my cloaths off but my shirt and stockings, and covered myself in the bed. I had never seen the men in my life before; but they were great villains.
Q. to Jones. Did you make any observation whether the prisoner appeared to be bruised, beat, or bloody?
J. D. Jones. Mr. Emmerton was bloody and he too; but I saw no blows struck.
Q. Where were they bloody?
J. D. Jones. They were bloody in the face both; it appeared to me as if there had been some blows between them.
Q. What did Emmerton say to you when you went in?
Q. Did you hear him say he had struck the prisoner?
J. D. Jones. No; neither can I say whether Purton had struck the prisoner or not; the prisoner ran after the deceased with such vengeance, with the bayonet in his hand, that though there was a coachman just by, and a man coming with a pail of water, neither had power to stop him.
Guilty , Death .
This being on Friday, he received sentence immediately, to be executed on the Monday following.
28. (M.) Arthur Davidson was indicted for stealing three ounces of rhubarb, value 1 s. 6 d. one quarter of a pound of tea, and six-pence in money , the goods and money of William Bedford , July 27 . *
Q. Where do you live?
E. Smith. I live opposite to him; about the 16th or 17th of July, Mrs. Bedford came over to me with six shillings, that was 5 s. and two six-pences, and desired I would send to lay it out in their house, saying, they had a suspicion the prisoner robbed them, they were all marked with a cross on the woman's side. I sent three times by a nurse, and a girl about six years old, and a boy about eleven; one laid out 16 d. the other 15 d. the other 3 s. the nurse, named Dadson, had 1 s. 6 d. and the six-pence she carried was afterwards found in the prisoner's pocket.
Q. How soon after was it found?
E. Smith. That was in less than five minutes after it was laid out; Mrs. Bedford staid at my house till the money was laid out, and went home.
Jane Bedford . We having several times missed money, on the 17th of July I sent all my people out of the way, but the prisoner at the bar, and went over to Mrs. Smith with some money, which my husband and I marked; there were five shillings and two six-pences; I desired Mrs. Smith to send some of her neighbours to lay out that money at my house. She sent a woman for two ounces of tea and some sugar that came to 16 d. another woman was sent for a quarter of a pound of tea, that came to 1 s. 3 d. there was 6 s. sent in all, and all marked; when it was all sent, I went home, and behind the counter to the prisoner; he said, I have received this money since you have been gone, which was 5 s. 6 d. he opened the till and shewed it me.
Q. How was it marked ?
J. Bedford. It was marked with a cross on the woman's side. My eldest brother came in, and so did my husband; I said, the person that robbed you is now found out. Then he called the prisoner up into the dining-room; what he said I can't tell.
William Bedford . We went over to Mrs. Smith's house, and marked five shillings and two sixpences, and ordered them to be sent to my shop for goods. I had sent all my other family out, except the prisoner. After it was laid out, we went home, and there were but 5 s. 6 d. in the till. I called him up stairs, and said, you are a rogue; he pulled out his money, and shewed me it, and said, that was all he had. Then I insisted upon sending for an officer; then he pulled out of another pocket this six-pence that was marked, (produced in court) I marked it myself; I told him it was mine; he said nothing for a considerable time. I said, I insist upon seeing your box; then we went up to it, in which I found rhubarb, and a quarter of a pound of tea, that I had missed before. There was three ounces or better of rhubard, I have valued it at 1 s. 6 d. it stands me in more than three times the value; there are many other things now in the box, that he cannot give an account off. I asked him how he could serve me in this manner? He acknowledged they were my property, and that he had gone on with that trade above a year.
When I have laid any money out, I used to pay myself out of Mr. Bedford's till, and I had laid the money out before. I think it was on the 13th of that month I had been on board a vessel in the river, called the Carolina, and had paid six-pence to the waterman, and had not taken that six-pence till that day; and as I was going out again, I having no money in my pocket, took it out of the till. The goods in my box were none of Mr. Bedford's, neither were there any rhubard or tea found in my box.
Q. to prosecutor. When had he been upon the water for you?
Prosecutor. He had not for seven days before, and that was only crossing at Executioned-dk to go to Deptford, and he had daily and hourly been
Q. You hear what he says, that the rhubarb and tea were not found in his box.
Prosecutor. Mrs. Smith saw them in his box, as well as myself.
E. Smith. After the box was opened, I saw some rhubarb and tea, besides several other things, and he said all in his box was his master's, and that he took them from him.
Q. to prosecutor. How long had the prisoner lived with you ?
Prosecutor. This was the 17th of July; he had lived with me about fifteen months before that.
For the prisoner.
Q. Where was you when he was taken up?
T. Plemiah. I was sent out of the way.
James Gordon . I knew the prisoner when he was a child; I recommended him to Mr. Bedford; I know nothing of him but that he is very honest. Mr. Bedford told me he was a very honest lad, and was well satisfied with him.
Q. How lately is it since you was at Mr. Bedford's, when you heard him talk thus ?
J. Gordon. It was in the month of June.
Charles Wormer 's. I have known the prisoner ever since he came to Mr. Bedford's; he was the porter there, and I have heard Mr. Bedford say, he was a very honest man; he used to pay me for porterage out of the till, by his master's consent.
29. (M.) Peter Genby was indicted for stealing one linen gown, value 2 s. one silk gown, value 2 s. two linen aprons, one linen shirt, two linen caps, one piece of lawn, two pair of linen sleeves for shifts, and one cambrick handkerchief , the goods of William Kelley , Nov. 27 . + +
William Kelley . I live in Swallow-street; the prisoner has kept company with my wife ever since last August; she gave me the foul distemper, and she owned he gave it her; and I have two fine children by her, and a pretty settlement in business, and I was loth to expose her to the public, so I forgave her that. He is a servant to governor Dawson. On the morning I found the goods, which was the 17th of last month; he and my wife were going out of the town together; she was dressed in a green habit, and things which he had bought for her. I met them, and secured him; he confessed he had some cloaths of hers, and that they were going off together; and also that he had had criminal conversation with her; I have catched them together often; we went to his lodgings in Cecil-street in the Strand, and took the things mentioned in the indictment out of his trunk, by virtue of a search-warrant. ( The goods produced in court, he takes up a blue silk gown ) this I bought her, it cost me a good deal of money; this white gown cost me 25 s. these I laid at but 2 s. each; they have made me almost beside myself, that I hardly know what I do sometimes; the handkerchief is mine, and the rest I believe to be mine.
In his cross-examination he said the prisoner had never struck him, but had threatened him; and he was afraid to demand his wife when he has catched them together. That he knows nothing of his wife's gowns
John Smith . I am constable; I executed the search warrant, the prisoner owned he had the goods in his custody, and we found them in his trunk, and the prisoner owned, that the goods were the prosecutor's.
On his cross-examination he said, he did not hear the prisoner say how he came by the goods, nor did he hear him say he redeemed them out of pawn, but that the prisoner said if he would make no disturbance he would go and open his trunk, and deliver the goods belonging to Mr. Kelly.
I had several complaints from Mrs. Kelly of her husband's beating and abusing her and pawning her cloaths, and turning her out doors; she was almost naked, and had scarce any thing to subsist on. She desired I would let her have money to take her things out of pawn, and keep them till she could redeem them. I went with her to a pawnbroker's in the middle of Germain-street and took them out.
Q. Were any thing else pledged with them?
R. Gunston. No, there was not, the gown was taken out, I believe, on the 23d or 24th of November last by Mrs. Kelly; I lent her twelve shillings also upon the silk gown.
Q. Was there any body with her when she came to pawn them?
R. Gunston. No, I believe her husband had been with her to pawn things before.
Q. to Kelly. Has your wife ever another white gown besides this?
W. Kelly. No, she has not; I never went to Gunston's to pawn any of these goods in my life?
Mary Kelly . I pledged these goods with Mr. Gunston about three months ago, at different times; on the 23d of October I fetched them cut again, and paid 4 l. for them; the prisoner at the bar lent me the money.
Q. Is the prosecutor your husband ?
M. Kelly. He is; after I had taken them out, I gave them to the prisoner at the bar at the pawnbroker's door, two or three days before the search-warrant was taken out.
Q. Was the prisoner and you preparing to go away together?
M. Kelley. Yes,
Q. Had you received any ill treatment from your husband ?
M. Kelly. That is nothing to nobody.
John Foster . I am city butler ; on the next day after my Lord Mayor's day, I was sent for to the Mansion-house, the prisoner was brought there, and this napkin, my property, was there produced. I know it by the mark. I know not how the prisoner came by it.
Robert Beal . I am servant to my Lord Mayor; about the hour of one in the night after my Lord Mayor's day, I had this napkin in my pocket; I was jostled at the gate of the Mansion-house , and nffed the napkin; I observed the prisoner close at my heels, he wanted to get off. I saw something hang out of his breeches, I took hold and plucked it out; it was a musling handkerchief; then I charged him with taking the napkin which I had missed, and in pulling him to go before my Lord Mayor, I saw two handkerchiefs and this napkin fall from him to the ground.
I know nothing of the napkin; as for the handkerchief he took from me, that I found, and put it in my bosom.
To his character.
Benjamin Kelson . I am a taylor, I live in Ropemakers-alley near Moorfields; I have known the prisoner about five years, I never knew any dishonestly by him before this fact, he is a Watch-movement maker.
Q. Are you related to the prisoner at the bar?
Humphry Vaughan. I have known him from an infant; I never knew any harm by him, nothing but what was honest and sober.
Guilty, 10 d.
John Pullen . The prosecutor Samuel is my brother. I am a wheelwright and tiresmith, the prisoner was a journeyman of mine about three weeks; the iron was missing, it was old streaks almost as good as new; I advertised it at a guinea reward. Arabella Grove came to me and said, she had bought such, and described the man she bought it of. The iron is now at my house; it is my brother's property; I had cut them to put on to my brother's wheels.
Arabella Grove . The prisoner at the bar brought that iron to me to fell about six weeks ago on a Saturday; there were thirty pounds of it; I gave him half a crown for it; the prosecutor owned it, and I delivered it him.
Q. What sort of iron?
R. Dunn. It was such as is put on wheels of carriages.
Q. What time was this?
R. Wilson. It was about a fortnight before the other witness saw him carry that which he speaks of. I then told the prisoner if he did not take care he would lose the iron; I followed him up the street to see where he carried it; he went into a court, and before I got to the corner, he was out of fight, and I lost him.
Q. Where was this?
R. Wilson. In a court in St. John's-street.
Q. Is that in the road from Mr. Pullin's to Mrs. Grove's ?
R. Wilson. It is.
I never was in that woman's house, or spoke to her in my life, till she came to New-prison, and said she bought the iron of me; she is mistaken. When she said, she bought it cheaper than could be afforded, I said then, why did you not stop the man that sold it to you. Before the justice the constable swore my master was sick, and after that, my master swore his man was sick, and so wanted to keep me another month.
Guilty 10 d.
See him tried (in last Sessions-paper) by the name of Cagman Griffin.
* Guilty 10 d.
The prisoner and prosecutor were journeymen together to a currier on Snow-hill, the prisoner took an opportunity to take the prosecutor's watch from off a nail (where he usually hung it in the shop) in his absence, and pawned it to Mr. Brown, a pawnbroker in the neighbourhood, where it was found.
Guilty, 10 d.
34. (L.) John Marks was indicted for stealing one silver watch, value 30 s. one mahogony tea-chest, value 9 s. one pair of silver tea-tongs, val. 4 s. 3 silver tea-spoons, value 3 s. one silver table spoon, value 10 s. the goods of William Edwards in the dwelling house of the said Edwards, Nov. 13 .
The prosecutor lives in Fore-street , the prisoner lodged in his house, the goods mentioned were missing; he was suspected and taken up near Charing-cross, and the watch and plate were found upon him; he owned the fact, and confessed what he had done with the tea-chest.
Guilty 39 s.
James Button . I live at the Red-lion in Long-acre ; on the 17th of November I lost three stone mugs tipped with silver; I could suspect nobody but the prisoner, he being in and out several times. I searched his room (he lives in Castle-street ) there I found them. I took him up, and he acknowledged he took them, and said he was very sorry for it. I took him before the justice, there he acknowledged the same.
I know nothing of the mugs.
* Acquitted .
Rice Price. I am the churchwarden of the parish, and am bound over to prosecute, I know nothing of the fact.
Sarah Gasterel . I can't tell how long it is ago since I went to live at Mrs. Maddox's in Bow-lane, Cheapside ; I know I went on a Wednesday, and on the Sunday following Sarah Jenkins came to live there, and on the Wednesday after she was taken very ill towards the evening, and kept her room, and that night I was ordered by Mrs. Maddox to go to bed betimes. I went to bed about nine, and about half an hour after eleven I heard a child cry; I came down into Jenkins's room, and asked Mrs. Maddox if there was not a child cried; she answered, it was a child cried in the street. While I stood with the door in my hand just going out of the room, I heard a child cry again, then I went to the bed-side, there was Sarah Jenkins sitting up in her bed, and there lay a little child naked alive in the bed, Mrs. Maddox said, d - n you, you bitch, if you speak of it, I'll arrest you, and put you in the Compter. Sarah Jenkins took the child on her knees, and asked her what she should do, for if her husband should know of the child, he would say it was none of his own, and she should be killed, and said she would serve it as she did the other, and desired Mrs. Maddox to give her her handkerchief; Maddox said she should have one of her own, and took a handkerchief out of a red and white hat-box which stood upon a drawer, and tied it round the child's neck, with a knot behind, and pulled it together as hard as she could pull it, as it lay on Sarah Jenkins 's knee, and the handkerchief was about its neck till it was quite dead.
Q. When she asked for a handkerchief, did she say what was to be done with it?
S. Gasterel. No sir; but it was on purpose to kill it, because she said she would serve it as she had the other. After the child was dead, Mrs. Maddox took and turned the foul linen out of the hat-box, and put the child into it, and put a piece of brown paper over it, and tied it down with a piece of packthread; then she desired me to go down stairs, and fetch up some water to wash the boards that were stained; which I did. Then she desired me to go to bed; but before I went up, I heard her say, that after the watchman was gone about at three, she would go out with the child.
Q. Did you hear her say where she was to carry it?
S. Gasterel. No, I did not; after I went up to bed I heard the door unlock, and lock after her; and about half an hour after I heard her come back again.
Q. How do you know it was she?
S. Gasterel. I think it was she, because the door would not go of itself.
Q. How long did you stay in the house after this?
S. Gasterel. About a month after this; I was there five weeks and four days.
Q. When was the first time of your speaking of this?
S. Gasterel. It was about a week after I came out of the hospital, and was in the workhouse, I told the minister of Bow church of it; Mrs. Maddox had been taken up for keeping a disorderly house before I went to the hospital.
Q. How long after this night you speak of, was it that she was taken up?
S. Gasterel. About a month after; I went to the hospital, about five weeks after I was taken up, and put into Bow workhouse, to appear against Mrs. Maddox, and there I was taken ill, and then put into the hospital. I went into the hospital on the Thursday, and Mrs. Maddox came there to me on the Tuesday following, and desired me to be as favourable in speaking as I could; and also desired me to make it up, and not to appear against her about keeping a disorderly house, and not to mention any thing of the murder of the child. I told her I would not mention that a great many times.
Q. Were there any servants or lodgers in the house besides you three when this was done?
S. Gasterel. There had been a maid, but she was sent to Billingsgate for some shrimps, and ran away with them about a fortnight before this thing. There was also a son of Mrs. Maddox's, about fifteen years old, that was a-bed in the garret the same night; but he knew nothing of it.
Q. What is the reason you did not speak of this for above twelve or fourteen weeks ?
Q. Upon whose information was she taken up?
S. Gasterel. My father and mother did not know where I lived; I went into Honeylane-market, and my cousin saw me, and watched me home, and told my father, and he came and desired the door to be opened; she at first refused it, and said I was not there.
Q. How many houses of this kind have you been in?
S. Gasterel. This is the first.
Q. How came you into the house?
S. Gasterel. I was hired as a servant; she did keep a fish-stall in the Fleet-market, and she hired me there.
Q. When you were taken up, she could do you no harm, what was the reason you did not mention this fact then ?
S. Gasterel. I was very loth to mention it; fearing I should hang her.
Q. How came you at last to mention it?
S. Gasterel. The minister of Bow church came to me; I had violent fits, and he asked me if I had nothing on my mind that made me bad? I did not tell him at first; but upon his asking me two or three times, I told him. It was at the first time of his coming.
Q. You are now upon your oath, and I hope you know the obligation of an oath, and the great sin you would be guilty of, to accuse a person of such a crime, if it is not truth.
S. Gasterel. It is very true indeed.
On her cross-examination, she said she never was in the prisoner Maddox's house till she went to live there, and did not know she kept a disorderly house till she had been there about a week; that she was to have three pounds per year; that every night girls used to be bringing men into the house; that Jenkin's room was up one pair of stairs; that when she went into the room, the door was upon the latch; that she saw a mould or mock on the left side of the child's belly, almost as big as a farthing; that she saw it was a male child. Being asked whether she was the person talked of to be bewitched, she said, she had been in a very odd way, being tied with cords in her bed at the workhouse, and untied, and did not know by who, but said she was certain no living person could do it. She was sometimes tied to the bed, and sometimes her legs were tied, but not to the bed, and it was very rare but she was thus tied every night, and sometimes a great many times in a night, and she in her senses at the time, and that Mr. Samuel Clark had been with her and others, who were eye-witnesses to some of those tyings; that she had violent fits for thirteen weeks; that the first of her having fits was about a week after she went to the workhouse.
Sarah Orpwood . I live in George-yard by Bow-lane, next door but one to Maddox's. I was sitting at my door, I think it was on a saturday, I don't know the month, it was in the summer, when cherries were plenty, Jenkins was coming by, she desired I would wash her a cap, apron and handkerchief, and desired I would go with her to the alehouse, and she would give her a pot of beer; we went together to the Crown and Cushion in Trinity-lane, into a room by ourselves. She began to tell me her husband was come home from sea, and she was with child, and did not choose to live with him, till she was delivered, and had put it away, for he should never have to say he maintains another man's child; I said, I don't believe you are with child; she said, I am sure I am, but nobody can tell by my bulk. I said again, I cannot believe it; then she pulled her bulk out of her stays, and said, will you believe it now; then I said, I believe you are. She said, I have not above a month to go, and pulled out her left breast and milked some milk into her left-hand. She left her bulk at my house two or three days, and said it hurted her. Some little time after that; at the alehouse, I asked her if she knew whose child it was, she said yes, it was Tom Warners ; I thought it strange for her, a common woman, to know whose it was.
Q. How long have you known her?
S. Orpwood. I have known her about two years, or not quite so much.
Q. Do you know her husband ?
S. Orpwood. I never saw him in my life. She then lived at Mrs. Field's house, next door to Maddox's, that is the person that lately stood in the pillory in Cheapside for keeping a disorderly house; after that she told me, she and Field had fell out, and she was gone to live with Maddox.
On her cross-examination she said, she herself had never been with child, but said the milk did not come so free as if she suckled; that she remebers that time she was at the Crown and Cushion was after Quarter-day.Thomas Warner ; I heard her say in June last that she cohabited with him.
Q. How long is that ago, that you heard her say that?
T. Wilks. To the best of my knowledge this was about six months ago; she was once drinking with my wife and I at an alehouse; she said she had got a bulk, that keeps down her belly so flat that no body can tell that she was with child, till she comes to the last month: she lost the busk at my house, and I burnt it before she was taken up: she at that time mended her stays.
Q. Why did you burn it?
T. Wilks. Because I wanted something to light my fire.
Barbara his wife confirmed the evidence of her husband.
William Watson . I saw Jenkins last monday was six weeks, and went to have a pint of beer with him in Cheapside, and another woman; out of a joke I said, Sally, what is become of the kid ? She said, that is all gone off: she was a little in liquor then.
Q. How came you to ask about that ?
W. Watson. Because, when I worked upon Snow-hill, I was acquainted with Tom. Warner, and so became acquainted with her; and I heard her say she was with child just after last Easter; I don't know the day of the month.
Q. Was Warner by when she said she was with child?
W. Watson. No, he was not.
Q. What was the occasion?
W. Watson. That I can't say.
On his cross-examination he said, he apprehended by her saying it was gone off, that she had had a miscarriage.
Brook Heckston. I am curate of Bow-parish; I heard Sarah Gasterel was under trouble of mind; she was represented to me as being an extraordinary person. I imagined something black; I went to her, the day I can't recollect; taking with her, I thought proper to touch upon the subject of murder, then I found her agonies increase; then she made this Information, it varied but a little from that she made before my Lord mayor, only with this difference; she told his lordship she went to Maddox's on a wednesday, and to me she said it was on a friday; but then she recollected herself : she appeared to be quite in her senses, when out of her fits : she told me just the same she has here, as to the time she and Jenkins went to Maddox's, and what happened there.
On his cross-examination, he said he heard of her being tied down in her bed, and that he went in order to detect the cheat; that before she made this confession, he desired she would tell him nothing but the truth, and not let innocent people be taken up for so heinous a crime; and that her fits were real, and not counter feit ones.
The prisoners in their defence denied the fact.
For the prisoners.
Margaret Hendrick , who had known Maddox ten or twelve years; Richard Robins two or three; Edward Parker some years; Elizabeth White ten years; Robert Nash six years; and Samuel Sare one year; each gave her a good character. Martha Wilson had known Jenkins two or three years, and Edward Parker eight years, who gave her a good character; the latter owned she was a little lightish.
Q. Are you her husband?
T. Warner. No; but I bought her of her husband for a gallon of beer.
Q. Have you done any thing to support her?
T. Warner. Yes, I have, and thought it my duty so to do; if she had been with child, I would have maintained it all the same as if she had been my lawful wife.
Q. Has she never been with child to your knowledge?
T. Warner. She was last Bartholomew-fair was twelve-month, and miscarried; since that I absconded from her; then she said she was with child, and I went and took a shop-mate with me, and went to her; then she said she never was with child.
Q. You appear in no good light on his trial, pray what are you?
T. Warner. I am a journeyman brushmaker.
Q. What can you get per week ?
T. Warner. Sixteen or eighteen shillings.
Q. Who is this shop-mate you speak of?
Q. Then there was a talk of her being with child, was there not?
T. Warner. Yes, and I asked her for a note; but I went and lived with her after that.
Q. How long had you absconded from her?
Q. When was this talk of her being with child?
T. Warner. It was in pea-season, I don't knew justly the time.
Q. Where did she lodge at the time you left her?
T. Warner. In Pye corner
Q. Did she not once live at Field's, in George-yard, Bow-lane ?
T. Warner. I don't know that she did; she never lay there a night to my knowledge.
Q. Was not she at Mrs. Maddox's ?
T. Warner. I know nothing at all of Mrs. Maddox, or her being there.
Adam Goodman and his wife deposed on the part of the prosecutor, that Sarah Gasterel behaved well when chairwoman to them four or five years ago; but neither had seen her for a year and half or two years past.
Both Acquitted .
Maddox was tried at the adjourment of the sessions at Guildhall, for keeping a disorderly house, and found guilty, and sentenced to stand on the pillory at the end of Queen-street, Cheapside on the 18th of this instant, and to be imprisoned in Newgate for three months.
*All Acquitted .
The prisoner was employed by the prosecutor as a paviour to repair his stable-yard; this stop-cock was in the yard in Dean-street, Soho , and served the prosecutor with water which comes from Hampstead, and was his property, which the prisoner was seen to take out of the ground by one Thomas Griffiths ; the prisoner was met with it on Tyburn-road by one George Dalton , who belonged to the New-river water-works, whom he asked if he knew where he could sell it, who directed him where to sell it, not examining him how he came by it, being in a hurry.
The prisoner in his defence said he was digging with his pickax, and happened to see the stop-cock, he took it up and threw it on the stones, but what became of it afterwards he did not know.
The prosecutor said he never has had it again, and was obliged to put down another.
++ Guilty .
+ Acquitted .
The prisoner lodged at the prosecutor's house in South-Park-street, Grosvenor-square ; the goods mentioned were missing; he was suspected, taken up, and confessed he took them away, and how he had disposed of them, by which means they were found again.
43. (M.) Eleanor Hughs , Spinster , was indicted for stealing one pillow, value 1 s. one pillow-case, and one brass candlestick, the goods of George Moore , in a certain lodging-room , let by contract, &c. Nov. 18 .
+ Guilty 10 d.
John Haines , Robert Haggard , otherwise Hoggor , and Edward Brocket , capitally convicted in September sessions; Eleanor Conner , otherwise Tobin, otherwise Woods , capitally convicted in January sessions; Charles Flemming , John Massey capitally convicted in October sessions; and Henry Mansel for murder, were all executed on Monday the 9th of this instant December.
The trials being ended, the court proceeded to give judgment as follows:
Received sentence of death 3.
Transported for fourteen years 2.
Transported for seven years 19.
Samuel Burroughs , Caroline Butler , Richard Barling , Thomas Vaughan , Philip Doyle , John Marks , Thomas Dalten , George Coney , Thomas Cooper , Robert Ingmire , Michael Harris , John Noon , Henry Goodwin , William Cassander , William Bowen , Cadman Gretton, Thomas Horton , Mary Lutherby , and Peter Genby .
To be whipped 4.
John Haines , Robert Haggard , otherwise Hoggor , and Edward Brocket , capitally convicted in September sessions; Eleanor Conner , otherwise Tobin, otherwise Woods , capitally convicted in January sessions; Charles Flemming , John Massey capitally convicted in October sessions; and Henry Mansel for murder, were all executed on Monday the 9th of this instant December.