In the Twenty-eighth Year of His MAJESTY'S Reign. NUMBER IV. for the YEAR 1755. Being the Fourth 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. 17
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 Right Honourable the Lord Chief Justice RYDER *; the Honourable Sir EDWARD CLIVE , Knt. + the Honourable Mr. Baron LEGGE ||, WILLIAM MORETON , Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer for the said City and County.
N. B. The characters * + || ++ direct to the Judge by whom the prisoner was tried; also (L.) (M.) by what Jury.
Nathaniel Bouchard . I live in Watling-street ; I am a tallow-chandler , and my wife carries on the trade of a plumber; I keep two separate houses. On the 26th of March last, about eight in the morning, as I was at breakfast, I was informed by John Pimm , that White, the prisoner at the bar, asked him if I was gone out? He said he believed I was, (they were both my servants;) he told me White was gone down into the cellar. I had had some suspicion he had robbed me before, we having over-night found three pieces of lead privately laid upon a shelf in the cellar; we had left it as we found it, after we had weighed it. It weighed a quarter of a hundred and three pounds; at seven that morning I had seen it lying there. I staid at the head of the stairs after he was gone into the cellar; after that I went down; the prisoner was then at the foot of the stairs; he past by me, and went up stairs; I went to see if the lead was there, and two of the pieces were taken away; then I ran after him, and found him at the room-door, and made him stand search. He went backwards, and there he dropt one of the pieces on a heap of old lead.
Q. Did you see him drop it?
Bouchard. Yes, I did. Then he said to me, by G - d, master, you are catched out; you will find nothing. I said, what signifies that? you have dropt one, let us see the other piece, for you have got another; then he drew out another piece from his right-hand pocket, and gave it to me, (the two pieces produced in court, and deposed to.) I said, now I think you are catched out. He said, master, don't be ill-natured; you owe me a day and a half's wages, I will give you that towards this; and he would be d - d if ever he robbed me but once before in his Life, and he would down on his knees, and ask my pardon. I sent for a constable, and took him before the sitting alderman, there he owned he took it.
John Pimm . I am servant to the prosecutor; on the 25th of March, at night, my master, mistress, and I went down into the shop, and looked about to see if we could find any lead hid, having suspected the prisoner some time to rob my master.
I had never any design to carry that lead out of my master's shop; I intended to carry it and throw it to the heap. I dropped one piece there, and gave my master the other; I had one piece in my right-hand pocket, and the other in my left. That lead has been stolen twice before; it comes from the King's-yard at Chatham, he bought this from there, and twenty-three hundred weight more; it has been a perquisite to the journeymen in the trade to take small pieces these hundred years.
Prosecutor. I bought this lead among six ton, all within these six months, of Thomas Collings , a shipwright, at a regular market-price, for some I gave sixteen shillings per hundred, and some fifteen shillings and six-pence, and some fifteen shillings and nine-pence, if he does steal it he deals very largely.
William Hutcherson . I lost a grey mare out of a stable the 17th of March, about eight at night, at a place called March in the Isle of Ely ; the prisoner was the ostler there at the sign of the Griffin, where I had put her up. The next day I heard he was gone for London upon my mare; I pursued him on the Wednesday morning; I met a neighbour who told me he had seen him upon my mare without bridle or saddle. I heard of him at several turnpikes. At last I found my mare at the Cock in Tottenham-court-road in the stable; I told the landlord it was my mare; he shewed me a receipt, and said he had bought her of the prisoner, Powel, for 4 l. there was his name on the receipt; he was unwilling to part with her; we went both together to justice Fielding, there I swore to my mare; he took out a warrant to take the prisoner up, and took him; then we three went before the justice, there the prisoner owned he brought the mare from March, upon which he was committed. I have the mare now in my possession.
Prisoner. The prosecutor knew of my taking her away; he is a relation of mine, and I thought no harm in it.
Prosecutor. He is not related to me. I knew nothing of his taking the mare away.
Francis Taylor . I live at the Cock in Tottenham-court-road; I believe on the 19th of March, I was in the yard, there came three men into it, the prisoner was one of them; he asked me if I would buy this mare? there was a man that I had some knowledge of was one of them; I asked him if he knew the prisoner? he said he did, and that he was a very honest man. The prisoner asked me six pounds for her; I bid him three pounds ten shillings, he said he would not take it; at last I bid him four pounds, then they consulted among themselves, and agreed I should have her; he delivered her to me and gave me a receipt, which he wrote in my book, and we spent a shilling each for a bottle of wine. After that I was going to Smithfield, and met a friend, who gave me a printed bill, and said the mare was stole. After that I found the prosecutor ous, and we went before Mr. Fielding, and there he swore to the mare. The justice granted me a warrant to take the prisoner; when I returned home there were two men that wanted Powel, one said he was his father, the other said he was his ship-mate, and that he lodged with him; I went to his house and took the prisoner there.
Q. to Prosecutor. What value do you set on the mare?
Prosecutor. I was bid ten guineas for her that morning, find or not find her. I would not take twenty guineas for her.
I was in liquor when the men came and persuaded me to sell the mare; I was going to Smithfield in order to send her home by the Drovers.
Guilty , Death .
155. (M.) James Finn was indicted, for that he on the 19th of March , about the hour of three in the night on the same day, the dwelling-house of Job Tripp did break and enter, and stealing out thence seven silver spoons, value 4 l. five pair of silver tea-tongs, value 20 s. nine silver salt-shovels, value 12 s. twenty-four silver tea-spoons, value 40 s. the property of the said Job. ++
Henry Green. I live at the White-hart-inn in Long-acre; I am constable; the prosecutor brought a warrant to me to search the house of Larkin; I went and met with the woman that the prisoner called his wife, she seemed to be startled, and said she did not belong to the house. I asked her where she lived? she said, in the cellar. I went down into it, there I found the prisoner; I searched his pockets, and found a large table-spoon. I took him to justice Fielding's, and found these spoons and salt-shovels by searching him there; he owned to the justice he was at the prosecutor's shop, and another man chucked the things into his apron; this he said was in St. Martin's-lane where the prosecutor lives. I went to his cellar again, there I found these other things, (producing them in the two parcels, and deposed to by the prosecutor).
Q. Did he say any thing of his holding his apron in order to have the things chucked in?
Green. He did.
Joseph Underwood . I live with Mr. Tripp's father. The morning the shop was broke open, I went out, in order to have the things stopt, if I could meet with them. At one place I got information the prisoner's wife had offered a pair of tea-tongs to sale, and by that means I found the prisoner out. I went with the prosecutor and constable to the cellar where he lives; I saw him come out of the corner of the room. He strove to hide himself; I stopt him, and took out of his pocket a silver table-spoon, the prosecutor's property. They took him to the justice. I staid behind, and searched about for other things, and between the bed and bedding I found these other spoons tied up in a handkerchief. I carried them to justice Fielding, and as there were more spoons missing, the constable went again with me; we found no more, but by turning up the bed, found a saw and a gimblet. We asked the prisoner, before Mr. Fielding, how he came by the things? He said, as he was coming along to go to Charing-cross, a man chucked these things into his apron, and bid him be hush and say nothing.
Q. Did he say he held out his apron for that purpose?
Underwood. Yes, he did.
Q. Did you ever see the prisoner before that?
Underwood. No, not to my knowledge.
Q. to prosecutor. Did you know him before?
Prosecutor. No, I don't know I ever did.
I never went by the door to my knowledge in my life before; I had no more notion of it, when I got up in the morning, than the child unborn.
Guilty of Felony, acquitted of the Burglary .
Eleanor Langley . The prisoner came to see a person that lodged in the house; after she was gone, I missed a capuchin out of the drawer; I took her up upon suspicion; she confessed she had taken it, and where she had pawned it. I went according to her directions, and there I found it, and here it is, (holding it in her hand ).
I never was in the room; I took it up just by the door from off the ground.
Q. Were they in their feathers?
A. Chalkhill. They were not. I cannot say it was the prisoner that took them.
Robert Duncastle . The prisoner, myself, and one John, a tea-chest-maker (I don't know his surname) were together in Whitecross-street; the prisoner bid me go over the way to the poulterer's shop, and take the two ducks that were lying there, saying they would serve us for dinner. I went and took them, and ran away; but hearing them cry out, stop thief, I dropt the ducks, and a young man came and took them up, and carried them back to the shop, and another ran and took me, and they carried me before justice Withers, and I was admitted an evidence there.
Q. Why do you charge the prisoner?
Clifford. She was my servant . On a Saturday-night in March, to the best of my knowledge, it was three weeks ago last Saturday; she went to fetch my little girl from school, and did not return back again, and in that evening we missed the goods, then I suspected her. I went to seek for her and found her; I asked her if she had taken these things? she denied every thing, but desired she might go to her mother; I let her; there she owned to the taking of one shirt, and said she lent it to a soldier in Peter-street, Westminster, to put on to go to be reviewed, and it would be returned. She was sent to the watch-house, and the next morning before the justice she confessed to the taking another shirt and handkerchief.
Q. Did she say what she had done with them?
Clifford. She said she had pawned them; on the Monday morning she was had before the justice again, then she owned she had taken an apron and pawned that also, and since she has been in confinement her mother brought them all to me.
I intended to bring them home again, and not to keep them.
Stephen Blizard . I live in Newgate market; last Monday was three weeks the prisoner washed for us, and some time after my wife met with the prisoner's daughter, and took her to my house, she had one of my wife's aprons on, I believe it was hers, but she can give a better account.
Eliz. Blizard. The prisoner has washed for me upwards of two years, and out of every washing I missed some linen; upon missing my linen I discharged several of my servants, and the prisoner would make great protestations, so I did not suspect her; the last time I washed I looked over my aprons, and after that I missed three; on the Tuesday following I met the prisoner's daughter with one of my aprons before her; I asked her whose apron it was? she, with many oaths, said, it was her own, and that she bought it. I took her home and charged a constable with her, and took her before Mr. alderman Ladbrook, she there said she bought it in Rag-fair for one shilling and six-pence, but could not tell of whom.
Q. Have you'ever found the other aprons?
E. Blizard. No, I have not.
Q. Are you positive the apron you produce was in the wash at that time?
E. Blizard. Yes it was, I am sure.
Q. Was the prisoner intrusted to wash it?
E. Blizard. She was.
Q. What is the value of it?
E. Blizard. It is worth two shillings.
Betty Bourn 's time?
Q. Whose apron is it?
E. Walker. It is my mistress's.
Q. What do you know it by?
E. Walker. I made the apron.
They often had strange maids, and if they took the things I can't help that. I am innocent of taking any thing from them.
Elisabeth Long . I am wife to the prosecutor; I hung up these two gowns about twelve o'clock, March 21, in a garret, and Mr. Sergeants came and informed me one was at his house. I went and found them, one pawned, and the other Mr. Sergeant's servant had bought. We got a constable, and took up the prisoner (who they said brought the gowns there) and took her before justice Gore, there she said she bought them in the court in Chick-lane, of a little woman, in a brown gown, about two o'clock that day I lost them. She said she wore one on the Sunday, and pawned the other on the Wednesday.
Q. from prisoner. Whether you did not say she was not the person that stole them?
E. Long. I said I did not know who stole them.
Q. Does she live near you?
E. Long. No, the prisoner lives in Rag-fair.
Q. to prosecutrix. Do you know these gowns?
Prosecutrix. These are the two gowns I lost.
Sergeant. These gowns were brought to my house, by Mary Jacobs , to sell. My servant wanted to buy one; I said she might if she would. She bought it for eight shillings; she said Bess Mills sent her with it. I was going to measure some coals, when she called me to a place where Bess Mills was, and asked me before her if I did give her any more than eight shillings? I said no, I did not; then she was satisfied. After that, I read of two gowns being stolen, and described; I suspected this to be one. I said to my servant, don't you wear this till I am better satisfied. I went to the prosecutrix in Portugal-street, and told her one of her gowns, according to the advertisement, was at my house. She brought me down stairs a pattern of the gown, and went with me and owned it. We went before Sir Samuel Gore , and got a warrant, and I took the prisoner up. When she came before the justice, she owned where the other gown was. We went and found it accordingly. (Produced in court, and deposed to by the prosecutrix ).
I deal in old cloaths ; I had been out about my business, and coming home I met a little woman with a bundle in a handkerchief, in Holborn. She asked me if I traded in old cloaths? I said I did. She said her husband was pressed to go to sea, and she wanted to make up a little money, and had got two gowns to sell; we went into a little court in Chick-lane, there I looked at them, and bought them for eleven shillings; one I got Jacobs to sell, the other I wore myself, and wanting money to buy goods, I pawned that for four shillings. Since I have been in Newgate, a woman asked me what I came there for, and said was it not for two gowns? I knew her, when I came to see her face, by a mole, and I said I bought them of her; but she denied it. I should be glad if she might be sent for. I told it to all the people in the gaol, and they know her. (She is called down).
Q. Did you never sell her a gown?
G. Rich. I never sold a gown to an old-cloaths-woman in my life; here are several people in Newgate that heard her raise a scheme to lay it on me; I was very ill at the time she mentions.
Prosecutrix. She told me at first it was a tall woman, pitted with the small-pox, she bought them of; after that her husband told me she bought them in the Fleet-market; then she said it was a little woman, with a brown gown on, with a hole in it.
161. (M.) William Whitmell was indicted for stealing one silver spoon, value 8 s. the property of the right reverend father in God Thomas lord bishop of Kildare in the kingdom of Ireland, March 14 . ++
Justice Willis. I am butler to the bishop of Kildare; on Friday the 14th of March last the prisoner at the bar was at our house, and that day we lost a table spoon, after which a silversmith advertised it; the bishop sent a man, who found it to be the spoon we lost.
Q. What was the prisoner in that house?
Willis. He was footman to the bishop's mother then. After that the spoon and prisoner was brought to justice Fielding by the silversmith; I went there, and knew the spoon to be the property of my lord bishop. The justice asked the prisoner if he was guilty? He said he was. This answer he made twice over.
Mr. Carman. I am a silversmith in Holborn; the prisoner at the bar brought a silver spoon to my house on Thursday the 29th of March last, it was broke in two pieces, (it is produced). This is it. I told him it could not be his, for the crest had been almost rubbed out. I said I would stop the spoon, and he should see it advertised the next day. I said I could not stop his person. I advertised in it about five or six days; a footman belonging to the bishop of Kildare came to me, and produced two spoons out of his pocket like it. At my first seeing it, I said it is your spoon. The next day the bishop's sister came, and a person with her; we talked about it; she desired me to go down to Gloucester-street to her house; the prisoner at the bar opened the door of the lady's house; I knew him immediately, and said that was the man that brought the spoon and offered it me.
Q. Was you before Mr. Fielding !
Carman. I was, and heard the prisoner twice own before him that he took the spoon; after that the people said, why do you confess? why do you confess? Then he stisly denied it.
That evidence said he knew me by my person; but could not swear to my dress.
Carman. I knew his person the moment I opened the door.
Humphrey Nightingale. The prisoner has been my servant about fifteen or sixteen months; about a month before I detected him I had reason to suspect him of robbing my till, and in order to detect him, I ordered my servant, Samuel Tompkins to mark some halfpence and some silver, which he did; he marked forty-five shillings in silver, and five shillings in halfpence.
Q. How were they marked?
Nightingale. He marked them with a cross.
Q. Did you see him mark them?
Nightingale. I saw them after they were mark'd; then, on the 29th of March, I made an appointment with some friends to go out of town the next day. This I did in the prisoner's hearing. I got up the next morning, and I ordered Tompkins, my other servant, to go and dress himself, as if he was going out too. When he came down stairs, I ordered him to go and open the street-door, and shut it again, as if he had gone out; after that I did the same. I bid Tompkins go down into the cellar, and shut himself up in the vault there, and I went and concealed myself in the parlour behind the shop.
Q. Where was this marked money at this time?
Nightingale. It was then in my till in the shop. I had not been in the parlour a quarter of an hour before the prisoner came down stairs, and went into the cellar; presently after I saw him in the shop; he went behind the counter and drew out the till; I saw his hand in the till, and heard the halfpence jink. After that I saw him put his hand into his pocket twice; then he put the till in again, and was returning back. I rushed out of the parlour in order to take him,
Q. What hole was that?
Nightingale. It was a hole through which we shoot down the coals. Tomkins being below he got hold of the prisoner's legs, and held him till I came. I bid him examine his left-hand pocket, and there he would find some money; he then pulled out some marked halfpence and two sixpences.
Q. Was the silver and halfpence all in one till.
Nightingale. There were three or four partitions in the till to separate the halfpence, the silver, and the gold. After that I counted the halfpence and found he had taken thirteen-pence-halfpeny in marked halfpence; I charged him with taking the money out of my till, he owned he had, and also that he had been there before, but had not taken much.
Q. Did he mention any sum?
Nightingale. He said he had not taken above ten shillings in all.
Samuel Tompkins . I was concealed in the vault in the cellar at this time; I saw the prisoner come down into the cellar, and through the hole up into the shop, and I heard him move after he was in the shop; then I heard my master go towards him; then he came down the hole again, and I seized him. I examined his pockets, and took part of the money from him there; and part above, which I counted before his face, the halfpence were all marked; there were thirteen-pence-halfpeny and two six-pences in his pocket.
Q. Were the six-pences marked?
Tompkins. No, they were not.
Prisoner. I am guilty of the fact.
163. (M.) Elisabeth, wife of William Freeman , was indicted for stealing nine pewter plates, value 5 s. one pewter dish, value 1 s. one copper stew-pan, value 1 s. 6 d. two callimanco window-curtains, one copper coffee-pot, one blanket, one check apron, one napkin, one linen apron, three fustian cases for a bed, and eight dimity bed-curtains , the goods of Rachael Raspins , widow , March 14 .*
R. Raspins. I can't tell the time, they were not taken all at once; I missed them from time to time.
Q. When had you them all in your house?
R. Raspins. I had them all at Christmas evening when she came into my house, and from that time to about three weeks before I was missing them.
Q. What was the prisoner at that house?
R. Raspins. She was a chairwoman; and I wanted a person to wait on some lodgers, and I took her in till I could get a servant; when I suspected her about three weeks ago, I was wanting to get a search-warrant to search at a pawnbroker's; the pawnbroker heard of it, he came and owned he had such and such things.
Q. What is his name?
R. Raspins. His name is Stringer. I went to his house; he shewed me the goods; I owned them. The prisoner was gone away, then her husband brought her and delivered her up to me, and I sent for a constable and charged her, and before justice St. Lawrance she confessed she took all the things.
Thomas Stringer . I am a pawnbroker; the prisoner used to pledge goods at our house; I suspected she had stolen some of them, so I went to the prosecutrix and told her what she had pledged with me, she came and owned the things mentioned. We took the prisoner before justice St. Lawrance, there she owned she took the things.
I took the prosecutrix to be a mother to me, and she said to me I might make use of the goods when I wanted them; so I brought them back again. As I wanted money I took and pawned them.
Q. to Prosecutrix. Did you give her the, liberty as she mentions?
Prosecutrix. No, I never did.
Edward Clark . I am a surgeon; the deceased came to my house the 25th of March last, he said he was in very great pain from a fall he had received over-night; I blooded him, and asked him how he went to stool and voided his urine; he lived till the 28th day of the same month; he said he had been in company at theEaling , and he had some words and was pushed down on the nob of a chair, or stool, he did not know which, but did not say by whom; he complained of a great suppresion of urine. At last I was obliged to use an instrument to discharge his Urine; I took at times six quarts of water from him with the instrument; after he was dead I found his bladder was burst, and there was a great deal of urine extravased in his body.
Jane Twining . I keep a public-house at Ealing; on Monday the 24th of March , I saw Abraham Mare getting off the ground in my house, he put his hand upon the nob of the chair, and told me had fell upon that. I heard him complain he was very much hurt, and the prisoner said he hoped not.
Q. Was there any quarrel?
J. Twining. I heard none either before or after.
Q. Did he say who pushed him down?
J. Twining. No, he did not; the prisoner seemed very sorry, and asked him if he would have something to drink! the prisoner called for a glass of rum for the deceased to drink, and he drank it. I heard the prisoner say to all the company he could give any man a fall.
Q. To whom did he speak?
J. Twining. To all of them. I saw the deceased go forwards to him, and I went to fetch a pint of beer, and when I returned the deceased was getting up from off the ground; then he put his hand on his breast and complained as I mentioned before.
John Ford . I happened to call in at that woman's house for a pint of beer, Devenshire Dick, the prisoner, told the deceased he would shew him one of his country falls with laying but one hand upon him, which he did; there was no quarrel at all; I was not in their company, nor did I drink with them, but stood close by them.
Andrew Wilson . I am a carpenter and joiner ; this saw (producing one) was taken away without my consent on the 28th of February from where I was at work; any person might have got into the window while we were gone to dinner.
Q. What is it worth?
Wilson. It is worth eighteen-pence; we searched the day following, and found the saw in St. Martin's-lane at a pawnbroker's.
Thomas Forshall . I am a pawnbroker; the prisoner brought this saw to me to pawn on the 1st of March, about eight o'clock in the morning; I stopped the saw, and the prosecutor came to inquire for it the same day, and I delivered it. Two days after, the prosecutor and others brought the prisoner to me to see if I knew him, I said he was the man that brought it. I suspected he was no carpenter by his dress.
Q. to prosecutor. How came you to suspect the prisoner?
Prosecutor. There were others had lost their saws, they seeing this prisoner lobbing about, secured him, and I took him to the pawnbroker's house, and he said that was the man that brought it to him.
I always got my bread by hard labour and not by thieving.
To his character.
There were two other indictments against him for single felonies.
166. (M.) Samuel Duting was indicted for stealing one iron pottage-pot, value 3 s. one linen shift, and one pair of bellows, the goods of John Waring , in a certain lodging-room lett by contract , &c. Feb. 28 .
+ Acquitted .
167. (M.) Martin Kennedy was indicted for stealing one silk-petticoat, value 12 d. four Dimity petticoats, two pair of holland sleeves, one linen shirt, four dimity pockets, three muslin russles, one linen cap, laced, one damask tablecloth , the goods of Sarah Bennet , spinster , March 13 . ++
Sarah Bennet . I live with a linen-draper, named Marc, in St. Martin's court ; I lost all the goods mentioned in the indictment; I missed them on the 12th of March, and got a search-warrant from justice Cox on the 13th, and found them in the prisoner's box.
Q. What was he?
Q. How came he to have an opportunity to take these things?
Q. Was the box locked?
Prisoner. My lord, I had them in my box three weeks before she missed them.
Prosecutrix. I had not looked in the box, as I remember, for a month before. (The goods produced in court and deposed to.)
Mary Milestone . I was going that way and called upon Mrs. Bennet to ask her how she did, she desired me to go to the justice's with her; I did, and heard him confess he took the things, both in her room at home, and also before the justice.
Reynold Higgins . I am constable; on the 13th of March I was sent for to Mr. Mare's in St. Martin's-court, he gave me a search-warrant to search all the people's boxes that lodged in the house; when I came to search the prisoner's box, I found this parcel of things here produced. The prosecutrix said it was her bundle, and he was very much confused, nor can I tell what answers he made just then, he confessed before he went out of the room that he had taken the things, and he said the same before the justice; he had carried away the silk petticoat to another house, he said, at his being asked for it, he would fetch it, so I went with him into Market-lane, there we found it, and I brought it back.
A woman was in my room with these things in her apron; she desired I would let her lay them down on my box, and she would come up to me soon again; she laid them down; I staid an hour and half, but she did not come; then I took and locked them up in my box, and left the key in it; this was about three weeks before they were missed.
168. (M.) William George was indicted for that he, on the king's highway, on Wassey Sterry did make an assault, putting him in corporal fear and danger of his life, and stealing from his person eleven shillings in money, numbered , Jan. 13 . ++
At the prisoner's request, the witnesses were examined apart.
Wassey Sterry. I am a member of St. John's Colledge, Oxford ; I was a little on this side Southwell , in Middlesex, in a stage-coach, called the Birmingham-coach. On the 13th of January last about six in the morning, the coach was stopt, the windows were both up, I was asleep at the time; the gentleman that sat next to me awaked me, and told me we were going to be robbed; soon after I heard something rap at the coach-window; immediately the gentleman that sat on that side let down the window. The person who stopt the coach demanded our money, watches, and purses; he had a pistol in his hand, but he did not put it into the coach.
Q. Was he on horseback?
Sterry. He was. The gentlemen gave him some money, and I gave him mine. There was a gentlewoman in the coach, but she did not give him any thing.
Q. Did he threaten you?
Sterry. No, only demanded our money.
Q. How much did you give him?
Sterry. Eleven shillings.
Q. Did you give him it voluntarily, or from an apprehension of being shot by him, if you refused?
Sterry. It was under that circumstance of fear that I delivered it.
Q. Did he go off then?
Sterry. He then demanded our watches.
Q. Did you give him one?
Sterry. No, I had one, but I did not give it him; after that he rode off.
Q. Look upon the prisoner, do you know him?
Sterry. I think I know him.
Q. What reason have you to think so? I observe at six in the morning, that morning, it was very dark.
Sterry. It was a very starlight morning; I think it was not moonlight.
Q. What cloaths had he on?
Sterry. I think it was a brown surtout coat he had on, with the hood on his head.
Q. What reason have you to know him so as you do?
Sterry. I don't choose to swear positively; I think he is the man.
Q. Was his face covered.
Q. Could you see the faces of the people in the coach with you?
Sterry. We had the windows up all the morning.
Q. Did he put his head into the coach?
Sterry. No, he did not; I could see his face the plainer by his not putting his head into the coach.
Q. from prisoner. How did the man take the money?
Sterry. I put it into the man's hat.
Q. Could you see what colour his horse was?
Sterry. I don't remember that.
Q. from prisoner. Which hand did he hold his hat with?
Sterry. I think it was his right-hand.
Q. from prisoner. What hand did he hold the pistol with?
Sterry. He held it with his left-hand, pretty close to his side.
Prisoner. I have lost the use of my left-hand these eight months.
Q. Have you seen the man since that time you was robbed ?
Sterry. I saw the prisoner in Newgate, and the prisoners were called down, six or seven of them, the turnkey stood by me; I said I believed that was the man in the red coat. He desired me to look again; I said, if that is not the man, I can't tell which is the person. Then the turn-key told me his name was George; it was the prisoner.
Q. What day was it you saw him in Newgate?
Sterry. Last Wednesday morning.
Q. Look at the prisoner; do you know him?
Turner. I can't say positively I do. I believe him to be the man that stopt the coach on the 13th of January, about six in the morning, and robbed the gentleman. I can swear to the horse the man rode upon; I took particular notice of him.
Q. What did he say when he stopt you?
Turner. He said, coachman stop; how many passengers have you in the coach? I told him I had four. Then he knocked at the window, and said, passengers look sharp; your money, your purses. I heard the money chink in his hat; after that he rode off.
Q. Did you hear him demand any thing after he had got the money ?
Turner. I don't remember I did.
Q. Could you distinguish his face at that time?
Turner. I could not very well, I sat so high on the box; it was a starlight morning.
Q. Did you ever see the horse afterwards?
Turner. I have; the man that owns him is at the door; I can swear to the horse.
Q. In whose custody did you see the horse since?
Turner. I don't know his name; I saw him in a stable in Scroop's-court.
Q. from prisoner. Which hand did the man hold his pistol in?
Turner. I think he held it in his right-hand.
Q. What sort of a horse is he?
Turner. A large brown horse, with a star in his forehead.
Q. How was the man dressed?
Turner. He had a brown surtout coat on.
Q. Had he any cape to his coat?
Turner. I believe not, but I am not sure.
Q. from prisoner. How did the man hold his horse?
Turner. I cannot say that.
Q. What hand did the man hold his hat in?
Turner. I did not see the hat; I heard the money chink in it.
Q. to the coachman. Was it about that distance?
Turner. It was; it was on this side Chevychase.
Ellis. He demanded our money and watches. I could not distinguish enough of the man so as to know him again; I gave him fifteen shillings.
Q. Was there ever a pistol produced?
Ellis. Yes, he held one in his hand.
Q. Did he put you in fear?
Ellis. Yes, my lord, it was under that fear I gave him my money.
Q. Could you distinguish his dress?
Ellis. He had a brownish surtout coat on, with the hood of it pulled over his head.
Q. Did it hide his face?
Ellis. It did some of it, not much of it.
Q. Did you observe his horse?
Ellis. Not much; he seemed to be a dark brown.
Q. Did you observe any other mark on the horse?
Q. Did he demand any thing else of you?
Ellis. He asked us if we had no purses? We told him we had none.
Q. What after that ?
Ellis. He muttered something and rode off.
Q. Was the horse sideways to the coach, or with his face ?
Q. from prisoner. Which hand did the man hold the pistol in?
Ellis. I was a little surprised, and did not observe that.
Q. How far is that from Southwell.
Weeden. Very near two miles.
Q. What time in the morning?
Weeden. About five o'clock, or a quarter after. He asked me whether the coaches were gone by or not? I said I had not met them. Soon after the same man and horse came back again.
Q. How long after this?
Weeden. About five or six minutes.
Q. What did he say them?
Weeden. He said nothing, but past me.
Q. What dress had he on?
Weeden. A brown double-breasted great coat on.
Q. Was it a moonlight night?
Weeden. There was no moon at all.
Q. Were the stars bright?
Weeden. Not very bright.
Q. Did you see him after this?
Weeden. Yes, I did; this third time was not above half a quarter of an hour after the second time; the coaches were gone along, and that man on the brown horse rode a good pace after them.
Q. How many coaches were there?
Weeden. There were three.
Q. Did you see him after that?
Q. Did you see him come up with, or stop any of the coaches?
Q. Did you ever see the prisoner before you saw him here?
Weeden. I saw him in Woodstreet-compter after this time.
Q. Did any body shew him to you?
Weeden. No; I then thought he was as much like that man that rode that large brown horse, as any man could be.
Q. Have you seen this brown horse since?
Weeden. Yes I have, in a stable on Holborn-hill.
Q. Are you sure that horse you saw on Holborn-hill is the same that man rode you speak of?
Weeden. Yes, I am.
Q. Did you take any particular notice when you saw him on the road how he was marked ?
Weeden. Yes, I did, the second time of seeing him I saw a little star in his forehead.
Prisoner. He came to the Compter with five or six people with him, and a man that knew me, said, (pointing to me) that is the man.
Q. Did any body shew him to you?
Weeden. The other men that was along with me knew him, and I thought he was the man.
Q. At whose house did you see the horse on Holborn-hill ?
Weeden. I don't know his name, but he is at the door.
Q. Do you remember any thing of the man's voice?
Weeden. No, I did not take any notice of the voice.
William Peteridge . I know the prisoner very well, he lodged within four doors where I live, that is in Scroop's-court, St. Andrew's, Holborn; I keep a Stable-yard, I buy and sell horses, but very seldom left them out. I left the prisoner a horse on the 13th of January, he went out at half an hour after four o'clock in the morning, as the boy told me, he said he was going to a linen-draper at Stains, a relation, and must go very early before the people were gone out; this he said when he hired the horse, so I told him if he called my lad he might have him; I was not up when the boy let him have him; he said he must ride gently because he had a same arm.
Q. What sort of a horse?
Peteridge. A sort of a brown bay, a darkish bay horse, above fifteen hands high, a star in his forehead, and he has a large Spavin on one of his hocks, and goes lame on that leg. Mr. Turner, the coachman, came on the Sunday morning, the day the prisoner was taken; I told him that George had such a horse of me, and he should see him when he came home, the horse was then out. I afterwards shewed him to Turner; he said he was sure that was the horse the
Q. Did Weeden see the horse?
Peteridge. He might, but I was not at home; I left word with my wife to let any body see the horse, if they came. This was the first time he hired the horse of me, he had him out six days; he brought him back on the Saturday following; he paid me three shillings a day; I have let the horse to him twice since.
Q. How long did he hire him for the first time?
Peteridge. He said he should want him only two days, and we agreed for three shillings a day. He was in town in the time without the horse, he told me my horse was safe at Stains, and he should go on Saturday morning and bring him home, which he did. The horse did not appear to have been hard rid when he brought him home.
Q. What did he say for his leaving the horse in the country?
Peteridge. He told me his cousin made him ride up in the coach with some valuable goods.
Q. When was the second time he had the horse?
Peteridge. It was the 23d of January; he went out in the afternoon, and he brought him on the Saturday morning after, about six.
Q. Did he give any reason why he wanted him a second time?
Peteridge. He said he wanted him to go to the Castle at Smallborough-green; he used to sell fruit, and I thought it was to carry some there.
Q. What day had he him again ?
Peteridge. It was on Shrove tuesday; then he said he wanted to see his father at Froom, and should want him ten or twelve days, and as he had used him well, I offered him at half a crown a day. He had him out in the afternoon, and kept him out eleven days.
Q. Do you know whether he went to Froom ?
Peteridge. I dont know where he went.
Q. What condition did he bring the horse home in?
Peteridge. In a very poor condition, his back was hurt very much; he paid me twenty-five shillings and six-pence for the time he had him. I told him he had very much abused the horse; he said he never rode him above thirty miles a day.
George Fishbourn . I am servant to Mr. Peteridge; I have known the prisoner about four months; the first time the prisoner had a horse of my master was on the 13th of January; he called me up at four o'clock.
Q. What sort of a morning was it?
Fishbourn. It was star-light, not very bright.
Q. What day of the Week?
Fishbourn. On a Monday.
Q. What time did he go out of the yard with the horse?
Fishbourn. At almost half an hour after four.
Q. Which way did he say he was going?
Fishbourn. He did not say any thing to me about that, my master had let the horse to him before.
C. Describe this horse.
Fishbourn. A large horse, dark bay, with a star in his forehead.
Q. How long was he out with the horse that time?
Fishbourn. He left him at Stains, he said; I don't know when he brought him?
Q. Had he him a second time?
Fishbourn. He had and brought him home on a Sunday morning about six o'clock, I believe.
Q. Had he him a third time?
Fishbourn. He had, and at his return, the horse looked very poor, and his back had been hurt; he had been rode very hard.
Q. Do you recollect whether any people came to look at the horse?
Fishbourn. Yes, there were; Turner came to see him, and said that was the horse on which a robbery was committed, on the highway; so also did Weeden when he came to see him.
When I went from London that morning, I went out about five o'clock, and rode for Staines; when I came there I found my cousin in trouble; he desired me to come to London on business for him. I came up on the Wednesday-night, and left the horse there; and went down again, and brought the horse up on the Saturday. I am lame of my left-arm, and have no strength in it at all.
To his character.
John Burdet . I have known him three years; I live in the Old-Change, Cheapside; he lodged in my house two years. When he came first he was a labourer; after that, when he had a lameness fell in one of his arms, he was instructed in the method of dealing in oranges and lemons. He behaved honestly all the time he was with me. I never heard of any dishonesty by him.
Q. to Fishbourn. What sort of a coat had the prisoner on when he went out with the horse on the 13th of January.
Fishbourn. He had on a brown great furtout coat.
Q. to Turner. How came the prisoner to be taken ?
Turner. I took him up five weeks ago last Sunday, at his lodgings in Scroop's court, Holbourn. I had not known where to find him, had he not done another robbery near Oxford, and had been at Oxford two or three days, and there discover'd where he lived.
Guilty , Death .
There was another indictment against him for another highway robbery.
169. (M.) Godfrey Gilbert was indicted for receiving well knowing them to have been stolen, by William Robertson , Aug. 4. one cart, value 8 l. and cart-harness, value 30 s. the goods of William Pickering . +
William Pickering . My servant Robertson went out with a cart and two horses to do business for me, and he drove them to Windmill-hill, to the house of the prisoner, and sold them all together for thirteen pounds, and took part of the money.
Q. How do you know that?
Pickering. I found them there, and the prisoner told me he had bought them of Robertson for that money. I demanded them, and he said I should not have them without I paid him the money again.
William Watson . I think it was the 3d of December last I found the prosecutor's cart and horses in the prisoner's yard; the prisoner said William Robertson brought them there, and he had bought them for 13 l. and let him have two guineas of the money.
Q. Had he any reason to know they were stolen.
Watson. He knew the man he bought them of was but a servant, and he knew the prosecutor; there was William Pickering 's name of the cart, and 1419 the No. on it, and the two cart geldings are worth thirteen guineas now, and the cart eight.
170. (M.) Eraee, wife of William Rich , was indicted for stealing one feather-bed, value 25 s. one blanket, value 6 d. the goods of Christopher Woods , in a certain lodging left by contract to the said William, to be used by him and the wife, April 2 . +
She was acquitted .
John Wright . I have known the prisoner two years and a half; he is an apprentice of my father's, he is a founder on Clerkenwel-green ; on the 21st day of January we were at work in the shop, he said he would go down to the value, he went down and said; I went to look for him, he was gone away, and put on his own cloaths, and my hat and wig, and a silk handkerchief from out of my coat-pocket. I missed them in less than half an hour's time. I went to his sister at Billingsgate, and told her he was gone away, and desired if he came there to stop him. About six weeks after this, his sister sent word she had stopped him. I went there, he had my wig and hat on his head, and he owned he sold my handkerchief for six-pence.
Q. to Wright. Are they your property?
Wright. They are.
Q. What are all the things worth?
Wright. They are worth nine shillings.
Q. Do you know any thing of his taking the hat and wig?
J. Wright. No, I do not; I really think they are my son's. I heard him say he had sold the handkerchief.
The prisoner had nothing to say in his defence.
Guilty 10 d.
Sarah Fordham . I am servant to Mr. Pain in Shoreditch ; I lost a stuff gown from behind the counter about a fortnight after Christmas; we suspected the prisoner by her having it on her back, so we took her up and charged her with it; she owned it, and kneeled down on her knees, and said her husband was dead, and left her in distress.
Richard Pain . The prosecutrix is servant to me, the gown was hers; it was missing about the ninth of January from out of my shop. I am headborough; on Easter-tuesday came a person and said, a woman was gone by with the gown on her back; I went after her, and took her at her father's house with the gown on her back. I can swear it is my servant's gown. (Produced in court and deposed to by the prosecutrix).
Elisabeth Murphy . I am a mantuamaker; I live within two doors of Mr. Pain in Shoreditch; I know I made this gown for S. Fordham, and on Easter-tuesday I heard the prisoner own she stole it from the father end of the counter, and it was want that made her do it.
I was a fortnight saving of money to buy this gown, and I bought it of a woman in the middle of Rag-fair for three shillings, who the woman is I do not know. I happened to go by these people's door and they stopped me.
Q. to Pain. Did you ever see the prisoner about your house?
Pain. No, never to my knowledge till I took her up.
Q. to S. Fordham. Did you ever see her before she was taken ?
S. Fordham. I have known her almost a year, and have seen her near my master's house; she has been at our shop, my mistress sells meat, and the prisoner has bought of her.
Q. to E. Murphy. When did you make that gown?
E. Murphy. I made it the week before Christmas.
Q. to S. Fordham. How long is it since Christmas?
S. Fordham. I do not know.
Q. What month is this?
S. Fordham. I don't know.
Q. What day of the week is this?
S. Fordham. It is Friday.
Guilty 10 d.
There was no evidence but that of the confession of the two prisoners, the contents whereof was, Cartwright said Cannon did the fact, and Cannon said Cartwright did it, but neither charged himself.
They were both acquitted .
175, 176. (M.) Joseph Dowel and William Reynolds were indicted, the first for stealing one silver watch, value 4 l. one pair of silver shoe-buckles, value 10 s. one silver stock-buckle, value 1 s. 6 d. the goods of Evan Price , in the dwelling-house of John Desephant , Dec. 10, 1752 ; and the latter for receiving the said silver watch, part of the said goods, well knowing it to have been stolen . ++
Q. Did you ever find the watch again ?
Price. No, I never did.
Q. What is the value of it ?
Price. It is worth 4 l.
Q. How did you lose it?
Price. The prisoner Powel and I were lows, and he and the watch were missing together in the morning; I had left it in my pocket when I went to bed over night; the prisoner quitted his lodging, and I never saw him till last Thursday-morning.
Q. Did you ever-look after him?
Price. I advertised him twice.
Q. What past last thursday?
Price. I charged him with the taking my watch, and he owned it.
Q. What were the words that passed ?
Joseph Powel ? he said it was; I asked him if he knew one Price? he said no, he did not. I sent for a constable; he came and took charge of him; then I asked him how he could serve me as he did, to take my things ? his answer was, he was very sorry for it, and owned he took them.
Q. Where was you robbed?
Price. At the house of John Desephant in New-inn-passage; he was taken before Sir Samuel Gore , there he was examined, and said I had agreed for him to pawn the watch; he said he had pawned it in Whetstone-park by Lincoln's-inn-fields, to William Reynolds ; he went along with the constable and me to William Reynolds , and asked for the watch he had pawned in his own name; Reynolds asked him how long ago? he said two years last December; Reynolds said he had sold fifty watches since that time, and possibly that might be one of them; so it was not produced, The time he took my things he took a pair of silver shoe-buckles, value ten shillings, and my pumps, and left his own shoes in the room.
Q. Did any body else lie in that room?
Price. No, nobody else that night; he also took my silver stock-buckle; when I took him up he told me he had sold the buckles in Drury-lane, but could not sell the house, before he went to Reynolds's house; this he said before William Hoare the constable. The night that he robbed the he got up twice, and awaked me; I asked him why he disturbed me? he said he had been drinking very hard, and got up to make water; and a third time he got up and went out, and when I got up I missed the things.
Powel. I will give the court no farther trouble, I took them; I told the buckles in Drury-lane, and pawned the watch to this gentleman, (pointing to the other prisoner:)
John Banbury . Yesterday morning I went along with the prosecutor to Mr. Reynold's, and I heard the prosecutor ask him if the constable did not ask him to produce his books, and he refused it ? and he owned it.
William Hoare . I am constable; I went with Powel (the prisoner ) and the prosecutor to Reynolds's; Powel asked for the watch he pawned with him; Reynolds asked who he pawned it with? he said, to himself; that Mr. Reynolds first was for letting him have but a guinea and half till said he wanted two guineas, then he let him have it. Mr. Reynolds said he knew nothing of it, it might be so for what he knew; he asked how long it was ago? Powel said it was two years ago; Reynolds said he had sold fifty watches since that. I asked him to produce his books, saying, it might save some trouble, shewing him my search-warrant; but he refused shewing me his books, and took us up stairs, and said, we might search and welcome; he also shewed us in a Buroe several silver watches, and also he shewed us some below, but the prosecutor said none of them was his watch. As far as I could understand Mr. Reynolds behaved like an honest man in a very pretty manner.
Powel guilty 39 s .
Reynolds acquitted .
177. (M.) Anne Monk was indicted for stealing one walnut-tea-chest, six silver tea-spoons, one pair of silver tea-tongs, one silver tea-strainer, one gold ring, two pair of silver shoe-buckles, one pair of silver knee-buckles, one silver stock-buckle, one pair of silver sleeve-buttons, one damask table-cloth, one silk waistcoat, flowered with gold, two silk gowns, one linen gown, one cotton gown, two silk petticoats, four other petticoats, one cloth cloak, one cloth coat, three linen waistcoats, two pair of sustain breeches, three linen shifts, two lawn aprons, one linen apron, eight china tea-cups, eight china saucers, two glass candlesticks, one glass mug and cover, one china basom, two glass salts, one velvet hood, one pair of cotton gloves , the goods of Hannah Walter , Dec. 25 . ++
Q. Have you heard the indictment read over?
Walter. I have; I lost all those goods on the 25th of December last. I went out to dinner on Christmas-day, the prisoner lodged in a ready-furnished room at two shillings a week in my house, I left my room-door locked, but when I home found it broke open, and several other locks; I left her at home, when I returned at about a quarter after ten at night she was gone, and all the things mentioned in the indictment. I found some again at the prisoner's lodging, and some at a pawnbroker's, by her directions, where she said she had pawned them.
Q. How came she to be taken?
Walter. She sent me a letter owning the fact, and after that came to my house, but I was so much affrighted I could not bear to see her, and bid her go out of the house; she did, and was not taken till last Wednesday. I was informed she was a patient at St. Bartholemew's hospital,
Q. Was the list read over to her?
Walter. I gave it to some of the people, whether it was all read I know not.
Q. Are you sure all these goods were left in your house when you went out on Christmas-day ?
Walter. I am sure the greatest part were, for aught I know she might have taken some away before.
Q. When had you seen them before?
Walter. There were many of them in a trunk, and the trunk was broke open that day, part of them were in a chest in my room, and part of them locked in a chest of drawers.
Q. Can you say that chest of drawers was locked when you went out?
Walter. Yes, I can; I always kept them locked whether I was abroad or at home.
Q. Were any other lodgers in your house?
Walter. I had men-lodgers, but they were out then; there are three of them, two came in after I came home.
Q. Was the room you found the goods in an apartment in your house?
Walter. No, it was in a lodging she went to after she left my house. She owned this letter she sent to me, and that she wrote it, and desired my Lord-mayor to read it through. (It was read to this purport:)
'' Mrs. Walter,
'' I think myself very wicked to use you in '' the manner I have, but had I been in my '' senses at that time I would have scorned to have '' acted such a thing by any body, much less to '' you; but I hope your goodness will bear me '' no ill, for I cannot enjoy one moment's peace '' till every thing is returned to you, and I think '' is my duty to let you know where they are '' pawned, it being out of my power to redeem '' them, that you may get them again; and as '' soon as I got a little money I will return yours '' first, and then to them. If you go to Mrs. '' Mullings's in Hare-court, you will find a pair '' of silver tea-tongs, three tea-spoons, a yellow '' stuff silk gown, another silk gown, the silk '' waistcoat and a cotton gown.'' Giving an account what they all lay for, and likewise where to find the rest of the goods; concluding she was heartily sorry for what she had done; and by way of postscript observed, poor Mr. Delerant is cast for life. Signed by her name, and directed to Mrs. Walters in White -horse-alley, Cow-cross, near West-smithfield, London.
Hannah Summerbill . I live betwixt Aldersgate-street and Jewin-street, in a little square, the prisoner came to lodge in my house in the beginning of January last, and she brought a trunk and bundle with her. After she had been at my house nine days she went to an alehouse just by, and at her return there came in a man, and challenged her to be a thief; and when he went away, he said, he would go and get some help and take her up. When he was gone away she went and left her things behind. In about half an hour after she was gone away, Mrs. Walter came to my house and owned these goods here produced, (which were divers sorts of wearing apparel. )
Catherine M'Lane. I live at the bottom of Cow-lane, near the prosecutrix; when the prisoner lodged at her house, I was in the court before the window. I saw a light in the prosecutor's room above stairs, about eight at night on Christmas-day; I called and asked if Mrs. Walter was at home, the prisoner came down with a candle in her hand to the door, and I observed there was no light in the room above, she answered me Mrs. Walter was gone out; she had been up stairs making her beds and doing her work. The next morning we had the account of Mrs. Walter's being robbed.
Q. to prosecutrix. Did you lock that room-door she speaks of above stairs at your going out.
Prosecutrix, I double-locked it.
(Mrs. Mullings produced a blue silk petticoat, a pair of silver tea-tongs, three silver tea-spoons, one yellow stuff silk gown, one India silk gown, one silk waistcoat, flowered, one cotton gown. )
Mrs. Mullings. I am a pawnbroker; my servant took these goods in, all but the tea-tongs.
Q. Where do you live?
Mrs. Mullings. I live at the corner of Hare-court in Aldersgate-street.
Q. Where is your maid?
Mrs. Mullings. She was brought to bed the day before yesterday.
Q. Who brought you the tea-tongs?
Mrs. Mullings. I am confident the prisoner did.
Q. Did she put them in her own name?
Elisabeth Harris .
John Madkinson . I am a pawnbroker; I live in Goswel-street; I don't know the prisoner at all. There were two pair of silver buckles and a gold ring brought to our house about December and January last, by Sarah Platt ; she told me they were her mother's.
Q. Did you know Platt before?
Madkinson. I thought I knew her before somewhere in the neighbourhood.
Q. to prosecutrix. Look at these beckles and ring, do you know them?
Prosecutrix. I believe they are mine, mine were such buckles; the ring I am sure is mine.
Court. You pawnbrokers are the bane of society; it is a question but if you were to be indicted for receiving those goods, knowing them to have been stolen, but that this worthy jury would find you guilty.
Prosecutrix. The prisoner told me these goods were at this man's house.
I know nothing of the accusation against me.
To her character.
178. (M.) Thomas Willes was indicted for stealing one pair of linen sheets, value 7 s. one copper tea-kettle, value 3 d. one copper sauce-pan, value 2 s. one looking glass, value 2 s. one blanket, and one flat iron, the goods of Robert Timperly , in a certain room let by contract , &c. April 8 . ++
Robert Timperly . I live in Drury-lane ; I let the prisoner a ready-furnished lodging betwixt three and four months ago, with the things mentioned in the indictment in it; these goods I missed last Tuesday; he was taken up on suspicion of another fact, and was in prison at the time.
Q. Had you been in the room between the time you let it, and the time he was taken up?
Timperly. No, not to make observation on any thing; he left his wife in possession, and I thought I had no right to go into the room then.
Elisabeth Aldervice . I was servant to the prisoner and his wife, they gave me a shilling a week; I remember all these things being in the room, except the saucepan; but I did not know whose goods they were; the prisoner's wife sent me with some of the goods to pawn.
Q. Was the prisoner in the hearing?
Aldervice. He was; he and she were in bed at the same time when I went to pawn them.
Q. What goods did you carry to pawn?
Aldervice. I carried the sheets and looking-glass, and borrowed a shilling on each; these I carried at twice.
Q. Who did you give it to?
Aldervice. To Mrs. Willes (their right name is Wallis); he was in bed at the time.
Q. Was the sheet taken off the bed when he was in bed?
Aldervice. No, it was taken off before. I pawned a blanket for eight-pence by her orders; the prisoner was then in trouble, and not at home.
Prisoner. Whether the goods mentioned were not in the room the day I was taken?
Aldervice. They were all in the room; except the sheet and blanket.
Q. How many rooms had he?
Aldervice. One; I lay up stairs with my sister.
Q. What business was the prisoner in?
Aldervice. He is a painter.
Q. Was the man awake or asleep when the woman gave you directions?
Aldervice. I don't know which.
Q. to prosecutor. When did you charge the prisoners with this robbery?
179, 180, 181. (M.) Francis Pryer and John West were indicted for stealing four cloth coats, value 4 l. one pair of cloth breeches, value 8 s. one cloth waistcoat, value 10 s. three Russia drab frocks, value 12 s. five fustian frocks, value 28 s. the goods of Leonard Lee ; and one cloth coat, the property of Thomas Jenkins , in the dwelling-house of the said Leonard, March 12 . And Edward Wright for receiving the said goods, well knowing them to have been stolen. *
Leonard Lee. On Wednesday the 12th of March the goods mentioned in the indictment ( naming them) were in my shop, and they were missing between six and seven in the evening; I was not at home when they were taken away.
Q. Have you seen any of them since?
Lee. Some of them were found by two constables, and have been in the hands of one of them ever since. I advertised them at Goldsmith's hall, from whence notice is given to all the pawnbrokers and such places in four hours time, by distributing bills; after which, Mr. Welch the chief constable came and told me he believed he had found some of them. The prisoners were taken before the justice; but confessed nothing in my hearing.
Q. from West. Did you ever see me in your shop?
Lee. No, never to my knowledge.
Q. from Pryer. Did you ever see me before in your life ?
Lee. I don't know any thing of him.
Thomas Jenkins . I live servant with Mr. Lee; on Wednesday the 12th of March, between six and seven in the evening, we lost these things mentioned out of the house; we advertised them directly, with two guineas reward upon the conviction of the person that stole them. On the Saturday morning Mr. Welch, with the other constables, and a file of musketers, came up Holborn where we live, and told me they thought they had found some of the goods we had advertised. I went with them to Mr. Welch's, there I saw these goods produced here. I made oath they were the property of Mr. Lee. My coat, and three other articles are not found; here are all the rest, (deposed to by the prosecutor).
Q. What are these here produced worth?
Jenkins. These stand Mr. Lee in upwards of seven pounds out of his pocket, and I would give any body fifteen shillings for my coat now, to sell again.
Q. Do you know either of the prisoners.
Jenkins. I know West; on the 13th of March, between six and seven o'clock in the evening, he came in at the Bull-and-gate, Holborn, which is next door to Mr. Lee's house; he staid a minute or two, and went out again; and in about three minutes returned in again; then he staid I believe about half a minute, and turned out again.
Q. In what room was this?
Jenkins. It was in the kitchen; I was there with a country customer.
Q. Was he a servant in that house?
Jenkins. No, he was not.
Q. How was he dressed?
Jenkins. He had a blue coat on, with a red collar; he looked bold in my face, which induced me to take notice of him.
Q. Had you ever seen him before?
Jenkins. No, I never did; neither did I the other till he was taken up, to my knowledge.
Charles Cain . John West , Francis Pryer , Randolph Banks , and I, were going by the prosecutor's shop; West went into it, and took out a parcel of frocks, and gave them to Pryer; and went in again and got another parcel, and we carried them to Banks's mother; he is not yet taken.
Q. What time of the night was this?
Cain. It was about seven at night.
Q. Was no body in the shop?
Cain. No, there was a young woman went in between our getting the two parcels, with a mug in her hand.
Q. Did you or Banks go in?
Cain. No, we stood without, to receive them.
Q. What did you do with them after you had carried them to Banks's mother's.
Q. Are these the goods produced here?
Cain. They are, and some we sold. We asked her if she would buy them? She said she did not rightly know how to get them out of the house to sell them again, if she bought them. After that, she asked us what we would have for them? We told her seven pounds. She said she would give us fifty shillings for them. We said we would not take it. Then she said, she would give fifty-five shillings, and no more; and as we did not
Q. Did she ask you how you came by these goods?
Cain. She did not; she knew how we came by them, we told her where we got them.
Q. Did you see Wright when you sold these goods?
Cain. He was by at the time, they were both in bed together.
Q. What time of the day was it?
Cain. It was about eight o'clock; they did not get up to make a bargain.
Q. Who opened the door to let you in?
Cain. A woman that lives in the house.
Q. Where was that woman when you sold the goods?
Cain. She was in the house, but not in the room at the time.
Q. Had you any conversation with Wright when you took the money?
Cain. He looked at them after Peg had bid us fifty-five shillings, and said, she gave more than the value of the things, but we asked him no questions, nor he us.
Q. Who was the money paid to?
Q. By whom was it paid?
Q. What had you for your share?
Cain. I had twelve shillings; we had twelve shillings each after we had paid the reckoning; there were four of us.
Q. from Wright. Did I ever buy any thing of you in my life?
Q. What business do Peg and Wright carry on?
Cain. None at all; only keep a lodging-house.
Cain. I heard Wright say something to her, but I don't know what it was.
Q. from West. Was I at the taking of these goods?
Cain. He was; and he said, when he brought the frocks out, if he thought he should have had so good an opportunity he would not have brought them out, but would have had the best goods in the shop.
West. I was cross the street, and he came and brought me the things on his shoulder.
Henry Flanergen . I am a constable; I went along with Mr. Welch, the high constable, to Black-boy-alley, we had a file of musketeers with us. When we came to the house where Wright lives, part of these goods here we found in the yard, and part we found at the head of a bed, and a woman lying in the bed.
Q. What time was this?
Flanergen. It was between five and six in the morning.
Q. Did you know the woman you saw in bed?
Flanergen. I do not; she pretended to be very ill.
The Second Part of these Proceedings will be published in a few Days.
In the Twenty-eighth Year of His MAJESTY'S Reign. NUMBER IV. PART II. for the YEAR 1755. Being the Fourth 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. DID you see Wright?
Flanergen. He was there; he said he had lent a shilling on the cloaths, or else he said his wife had, I am not certain which; that woman went for his wife we saw in bed. We did not go there upon the account of these goods, we had another information given us; we took the evidence Cain in the house, then he asked Mr. Welch if he could be admitted an evidence? and told Mr. Welch there was a bundle of cloaths thrown out at a window, and in such a room, near a bed, we should find the rest. We took Wright and West into custody, and brought them to Mr. Fielding. After that I took Pryer in St. Giles's, on the information of Cain; we knew, him to be frequently about St. Giles's; he would have made a discovery, if Mr. Fielding would have taken it; he told him if he could bring more to light than Cain, he would admit him; he examined him, and it came much to the same of what Cain had said.
William Gee . I am a constable; I was along with Mr. Welch and the last evidence at the taking Wright and West; it was a very disorderly house; Wright is a runner at Mr. Fielding's office to carry persons backwards and forwards.
Q. How long had he lived in that house?
Gee. I don't know; we had searched it once before.
Q. Who does the house belong to?
Gee. I can't say whether it belongs to the prisoner or no.
Q. How came the woman not to be taken up?
Gee. She said she was so ill, she was not able to be removed.
Q. What is become of her now?
Gee. I don't know.
Q. Had you never an order to take her up?
Gee. No; I heard Cain say she was by at the payment of the money, and that Wright paid it.
Q. from Wright. How long have you known me? and whether you know any harm of me?
Gee. I have known Wright three or four years; I never knew any harm of him.
Flanergen answered the same to the same question; with this proviso, except keeping that house, which he said had a very bad character.
Luke Martin . I am a watchman in the parish to which Black-boy-alley belongs; about nine o'clock one evening I was standing at a little distance, and saw a cheese carried into Wright's house; I think it was West that had it, and there were two or three more along with him. I followed them, and saw the cheese delivered into the house, but was glad to get away. It is a very bad house; I went and told Mr. Welch of it. I went with him to search this house; we found these things there that are here produced. Wright was in his chamber; we brought him, West, and the goods away. I heard Mr. Welch ask Wright how these goods came there? He said he was in bed when his wife took them in, and said he did not know how they came there.
Q. Who did he mean by the word wife?
Martin. He meant that woman that was there in bed; he had cohabited with her some time; I have often seen them together; she went by his name.
Q. How long have you known him?
Martin. I have known him, I believe about four months, ever since he came to that house.
Q. Where is the woman now?
Martin. She is gone from that house, but she is seen about.
Martin. I can't tell that; I dare not watch since that; these are not a tenth part of what use the house; I have seen eight or ten come into the house together several times in the night; the character of the house is nothing but a den of thieves. I have been at the taking twenty-four people out of that alley, there was one then taken out of Wright's house, and then it was said another was let out at his back-door.
Q. Is there any sort of business carried on in that house?
Martin. No other than things that are stolen, carried out and sold.
Q. from Wright. What makes you think it is my house?
Martin. Because I have heard Wright acknowledge he was master of it; when I took the woman out of the house he then had the impudence to tell me, he would beat my jolly head about the first time he met me in the streets.
West and Pryer said nothing in their defence.
Wright. I have been at the woman's house a great many times, but never to live with her.
Wright called Francis Farral who had known him four years, Anne Mooney eight, Sarah Shillinsford seven, Eliz. Bates betwixt seven and eight, Margaret Jones seven, who all said they never heard any ill of him before; and Robert Fletcher , the landlord of the house, who deposed he let the house to Margaret Waller , and produced a receipt he had given her, dated Jan. 22, 1755, for rent, to prove it.
West and Pryer guilty , Death .
Wright acquitted .
181. John West was a second time indicted for stealing fourteen pair of worsted stockings, value 15 s. the goods of John Harrison , March 13 , and Winifred Farrel , widow , for receiving the same, well knowing them to have been stolen . *
John Harrison. The prisoner West came into my shop on the 13th of March ; I then did not like him, and bid my servant take care of him, for I thought he was a thief. He came in the same day again, and after he was gone we missed five pair of men's stockings, and nine pair of women's from off the counter; I gave myself no farther trouble about it, but on the Saturday after in the afternoon, a constable came and asked me if I had not been robbed of some stockings on the Thursday night? I said, I had; he said they were in his custody at justice Fielding's; I went there and saw seven pair of my stockings, the woman was there; I asked her what she had done with the rest? she said she had sold them, (five pair of men's, and two of women's produced in court and deposed to.)
Charles Cain . The prisoner West and I were going by the prosecutor's shop. West said, I'll go in and try to buy a pair of stockings; he went in, and after a little time he brought out five pair, and gave them to me, and went in again and brought out the other, fourteen in all; we went and sold them to Winifred Farrel for twelve shillings.
Q. What day was this on?
Cain. It was on a Thursday; she lives in Monmouth-street in a cellar; I knew her before, and had sold her handkerchiefs.
Q. Did she ask you how you came by them?
Cain. No, she did not; she knew how we came by them; she buys handkerchiefs of pickpockets.
Q. What did you ask her for the stockings?
Cain. We asked her a shilling a pair for them.
Q. to prosecutor. What is the value of the stockings you lost?
Prosecutor. I gave three shillings and a peny a pair for five pair, and the other nine cost me after the rate of twenty-one shillings per dozen.
Henry Flanergen . These goods Mr. Welch, I, and others found in a cellar in Monmouth-street, in which was the prisoner and another woman; the day we came from Black-boy-alley Cain carried use there, some of the stockings were in the cellar, and some the prisoner sent the other woman out to fetch, which she did; the prisoner owned to the buying them, and said, the people of whom she bought them said they came from sea, and I think she mentioned giving twelve shillings for them, but she would not resolve Mr. Welch at first, till he told her the consequence of it.
West made no defence.
I did not buy the stockings; it was a woman that was in my shop bought them of that young man for twenty-two shillings and a pot of beer.
Q. to Cain. What time did you sell the stockings?
Cain. At about half an hour after seven at night.
To Farrel's character.
Q. Has she any servants?
D. Farrel. No, none, as I know of.
Margaret Gready . I was going by Farrel's door to buy a pair of old shoes about a week before St. Patrick's day, there came two sailors there, one a little man, and the other a big one, with some stockings to sell; Mrs. Farrel would not buy them. She asked the boys how they came by them? they said they were sailors; another woman that was there bid them twenty-two shillings and three-pence for them.
Q. Was the prisoner West one of them?
M. Gready. I can't say whether he was or not?
Q. How many pair of stockings had they to sell?
M. Gready. They had fourteen pair, as I think, Mrs. Farrel did not pay the money, that I can declare upon oath, but I have no knowledge of Mrs. Farrel neither.
Q. Can you tell what day this was?
M. Gready. I know St. Patrick's day, because we keep that in my country; it was a little before that day.
Q. What time of the day?
M. Gready. It was before twelve o'clock.
Q. Noon or night?
M. Gready. It was in the day.
Q. Should you know the two boys if you was to see them?
M. Gready. I believe I could give a guess at the woman that paid the money.
Q. Look at the evidence Cain; was he one of the boys?
M. Gready. Indeed I can't tell; I think to the best of my knowledge he is one of them. Indeed Mrs. Farrel never bought or paid for them. I bought a pair of old shoes and paid for them.
Q. Where do you live?
M. Gready. I live in White-friars; my husband is a taylor, he works for Mr. Pearson in Fleet-street.
Q. to Cain. Was any body by when you sold the stockings?
Cain. There were two women in the cellar, but I never saw this evidence with my eyes.
Q. Was there a woman cheapening a pair of old shoes?
Cain. No, there was not. There was a woman cheapening some cloth to make up some old shirts; but she went out of the cellar before we opened the stockings. The other woman that was there lent Mrs. Farrel some money to pay for the stockings.
Q. Did the other woman cheapen or talk with you about the stockings?
Cain. No, she did not; it was the prisoner only that bought and paid for them.
Michael Bownand . I have known the prisoner between ten and eleven years, she has been servant to Mr. Riley, a master taylor, in St. James's parish seven years; I live there. I never heard any thing laid to her charge in my life.
Q. Have you known her since she left that service?
Bownand. I have known her to keep this cellar in Monmouth-street about two years.
Martha Riley . I am wife to Mr. Riley, where the prisoner lived servant; she was a faithful servant; she has left my service three or four years, she lived with me five or six years; I have known her twelve or fourteen years; I know nothing of her but what is honest.
James Riley . The prisoner lived with me five, six, or seven years; I have trusted her with things of value, she never wronged me. She has of late sold old cloaths; she used to come constantly to see my wife once a week I believe.
Both guilty .
John Beard. On Monday the 10th of March, about noon, as I was going under Newgate , I put my hand in my pocket, and missed my handkerchief, and at the same instant a person called to me, and told me I was robbed. I turned about and saw the prisoner, and a handkerchief in his hand, and saw it fall to the ground.
Q. Did you feel him take it?
Beard. No, I neither saw nor felt the prisoner take it; I saw it in his possession.
Richard Sleep . I was going through Newgate on the 10th of March about twelve o'clock; the prosecutor and the prisoner were before me; I saw the boy snatch a handkerchief out of the prosecuter's pocket;
John Skarrat . I am constable; I had the prisoner in custody, and while we were in the matted gallery at Guildhall, he owned he picked the gentleman's pocket of this handkerchief; also he owned to me in the Compter, that he used to deliver what handkerchiefs he stole to one Joe Banister , and he used to sell them to a person that lodged at a shoe-maker's shop in Chick-lane; the prisoner was released out of custody but the Friday before.
I never confessed anything to that witness.
James Mazarene. My brother John and I are partners, we have a shop in Swithin's-alley , by the Royal-Exchange. On Saturday morning the 1st of March, our shop was broke open, and the shoes all taken away, except four pair.
Q. How many did you lose?
Mazarene. I lost more than seventy, the number in the indictment.
Q. Was the shop broke?
Mazarene. I apprehend the lock was picked.
Q. Did you ever find your shoes again?
Mazarene. I believe I had between seventy and eighty pairs of them back when I found the prisoner. On Monday about three o'clock a person came and told me where they were; I went to Sir Samuel Gore 's, and got a search-warrant and took the prisoner and shoes together in Phoenix-street, Spital-fields.
Q. Are you certain the shoes you found were taken out of your shop?
Mazarene. I am; here are some very particular ones. (He produced a pair made of white leather, with wooden heels; and a pair of red slippers, with the names of the gentlemen in them, wrote by his own hand, they were made for. He produced another pair, which the prisoner told him he had sold a fellow pair to them in Holborn). The prisoner confessed he sold four pair of them in Rosemary-lane.
Q. Was it at the prisoner's apartment where you found the shoes.
Mazarene. It was a house let out into tenements; the prisoner rented a ground-floor, where I found the shoes.
Q. Did you ask him how he came by these goods?
James Murray . On Monday morning, the 3d of March, the prisoner brought a pair of second-hand pumps to me to sell; (I live in Field-lane). He asked me three shillings; I bid him half a crown; he agreed to take my money. While I was paying him the money, an old gentleman came to me, and told me Mr. Mazarene's shop was broke open on the Saturday before; and bid me, if any body came with such and such shoes, to stop them. I said I would.
Q. Was the prisoner by at the time?
Murray. He was. After he was gone, I asked the prisoner if he had any more shoes to dispose of? He said yes, he had six or seven dozen. Then I suspected these to be a pair of Mr. Mazarene's. I kept him in talk, and told him I would go with him and buy them all. He said it was a great way to go; I said I did not mind that. Then we went together. He took me to Phoenix-street, Spital-fields; there in his room lay the shoes, covered over with some calfskins. I looked at them pair by pair, and told over six dozen; he told me he would have five shillings a pair for them. I said I dealt in nothing but second-hand goods, and could not afford so much money; but said I would give him two shillings a pair; he agreed to take my money. I told him, if he would bring them at such a time of night, I would pay him the money. Then I went away, and found out Mr. Mazarene, and told him about the shoes. We went to Sir Samuel Gore , and took out a warrant, and went to the house again, there we found the prisoner and goods. We took him before Sir Samuel, who asked him how he came by the shoes? He said he found them in Bishopsgate-street upon a bulk. Sir Samuel said, he did not think he had strength to carry them all at once. He said no; he carried a part of them, and pushed the others up in a corner, and then went and fetched them.
James Austin . I was at Mr. Mazarene's shop on the 1st of March; Mr. John Mazarene told me the shop had been broke open the day before; I went there a little time after, and found he had got part of his goods again, and the thief was in Newgate. He told me his name; and I having known him nine years, went to Newgate
The prisoner had nothing to say in his defence.
Guilty , Death .
Q. What were the value of them?
Woodcock. They were well worth two shillings a pair at the best hand. I was informed about a fortnight ago there was a boy in Clerkenwel-bridewel that impeached, that he, with others, had robbed me. I went to him, he told me he and the prisoner robbed me, mentioning the time, and of what, as I have mentioned here; he said, Richard Gray lived in Black-boy-alley, where I went and took him, and carried him before Mr. alderman Alexander; I remembering the evidence told me they each of them wore a pair of my stockings; I looked at the prisoner's legs, there I found he had these pair of stockings on, (producing a pair) these I verily believe to be one of the sixteen pair which I lost, they answer the description in every respect; I will not swear to them, there being others of the same make, but I am convinced they are a pair of mine.
Q. How old are you?
Duncastle. I am sixteen years of age.
Q. How old is the prisoner?
Duncastle. He is about nineteen; I never had any dealings with him till about six weeks ago, last Saturday, when he and I were going down Fleet-street together he said there was a chance to get a pair of stockings at Mr. Woodcock's shop, he bid me go and pull, I went into the shop and pulled, and down came all the sixteen pair; I gave them to him at the door.
Q. What did you pull them from?
Duncastle. From off a shelf; we carried them first to a shop in Field-lane, and left them, and when we came back again to them, the man of the shop said there were but nine pair; we sold one pair to a sailor, another pair the prisoner pawned, and we put each of us a pair on, and sold the rest, being five pair, all together in Chick-lane.
Q. Who is this person in Field-lane, where you say you lost them?
Duncastle. His name is Kenter; there is no sign; he buys stolen handkerchiefs; I used to lodge there.
C. Look at these pair of stockings, (those taken from off the prisoner's legs.)
Duncastle. I believe they are the same the prison er wore, they are the same colour of those he had.
Q. What is the person's name that you sold the five pair to?
Duncastle. I can't tell the woman's name?
Q. What did you get for them?
Duncastle. She gave us six shillings and six-pence for them.
I was at play with that evidence one Saturday-morning in the market, about two months ago; I was a stranger to him; we walked about all day together; when night came on he asked me to go to see my sister? I said she lived towards Temple-bar; and said if she gave me any money I would lend him some. I missed him between there and Shoe-lane. I heard him halloo out; I ran up Poppins-alley and followed him, he had got a parcel in a white paper, I thought he had found it; I called halves, he ran and said I should have none; he went to the house he mentions and threw them under a table, and came out again, and I asked him what they were? he told me they were stockings, and said he was a stocking-weaver by trade, and he knew them better than I did. I had been sick for three weeks, and my mother went to Rag-fair and bought me these stockings that are here.
Guilty 4 s. 10 d.
Benjamin Tompson . On the 12th of March I was in a barber's shop opposite Mr. Russel's; I saw the prisoner take the piece of salmon out of the tray, as he was standing by the side of the door; he observed somebody take notice of him, I believe, he laid it down again, this he did once or twice, and, I think, the third time; he took it up, and put it under his arm and made off with it.
Q. Was there nobody in the shop?
Tompson. There were the two apprentices in the shop at the same time, but he was at the side of the door that they might not see him take it; the prisoner went up a passage, where was no thoroughfare, that belongs to a tavern where I am waiter, I followed him, he then had got a bag on his knee seemingly going to open it with an intent to put the salmon in it. I asked him what he was going to do with the salmon? he said, a gentleman in that house had sent him to a fishmonger's for some salmon for him to look at it; I said, we had no mankind in our house then, and you shall go back to the gentleman of the shop where you took it. I brought him to the prosecutor and left him to do as he thought proper with him.
Q. from prisoner. Was I sensible so as to know what I did?
Tompson. He was in liquor seemingly very much, he reeled about and said, I might take the salmon and do what I thought proper with it. Mr. Russel sent for a constable, who took him before Mr. alderman Alexander, and he sent him to the Compter.
I was just come out of the London-infirmary, and had met with a friend, and he gave me some liquor, and I did not know what I did.
Q. What did the prisoner say for himself before the alderman?
Tompson. He said the same as he does here, that he was in liquor, and did not know any thing that he did, and said he was very sorry for what had happened.
Q. Could you imagine a man that took up the salmon twice, and laid it down again, as you have mentioned, acted as one drunk?
Tompson. I thought when I first saw him take it up, he did it with an intent to steal it, but when we were going to the Mansion-house I thought him very much in liquor.
Q. Did he appear to be fuddled when he first charged him?
Tompson. I did not think he did then.
Q. Did he speak like a man in liquor when he said he was sent by a gentleman to fetch the salmon?
Tompson. No, he did not at that time; Mr. Russel asked him, when I took him to his shop, how he came to be so bad a fellow? he said he was going to carry it to the tavern to shew it to a gentleman; this he said several times over.
Q. When did you first begin to think him fuddled ?
Tompson. I did not till the constable asked him what he had got in his bag? and he answered, some of his working-tools; the constable looked at them; then he said to him, you, or somebody else, have wronged me of some of my working-tools; and when the constable said he should go before my Lord-Mayor, then he seemed very much fuddled.
Q. Do you believe he was fuddled ?
Tompson. I do believe he was.
Q. Do you imagine that to be fuddled will lay a man open to steal?
Tompson. I imagine an honest man will not steal when he is fuddled. When we went before Mr. alderman Alexander, I asked him if he was in the same mind then as he was over-night, when he said somebody had meddled with his tools? he said he had not lost any, neither did he charge any body with meddling with them as he knew of.
George Minnell . I live at the corner of New-street, Shadwel-dock , on Friday the 14th or 15th of March, between seven and eight o'clock at night, my wife and maid were very busy in the shop, with about fourteen or fifteen Danes that came over to serve in the Greenland ships, they were buying cloaths to be fitted out; my wife was close to the window of the shop, and the maid next to her, and I was in the back-parlour serving these people; my wife called me, and said, she heard the windows break, and saw some silk handkerchiefs go out, raking against the glass as they went; I ran to the door, there I saw the prisoner at the bar, and another man just by the
Barbara Minnell . I am wife to the prosecutor; I was standing behind the counter in the shop, and my maid at the side of me. I heard something breaking the window, and the handkerchiefs grate against the glass as they were drawing out. I called out and my husband ran and brought the prisoner back; after which, upon searching, we missed nine silk handkerchiefs all of one piece; I believe the handkerchiefs were drawing out for the space of three minutes after I called out, had I not been in a fright I might have catched the person that drew them by the hand.
187, 188. (M.) Elizabeth wife of Thomas Beer , otherwise Elizabeth Lacy , and Thomas Metcalp , were indicted for that they on the 17th of March , did break and enter the dwelling-house of William Andrews , and steal out thence one fustian frock, value 26 s. one stuff petticoat and one callicoe petticoat, value 12 s. one gauze handkerchief, one linen gown, one camblet gown, one damask table-cloth , the goods of the said William. *
Mary Andrews. On the 17th of March, between seven and eight o'clock, I locked my room door below, and went up stairs, and left the outward door upon the latch. I came down within about a quarter of an hour, and found the street door open, and the lock of the kitchen-door broke, and that open, and I missed a box of linen and cloaths, a petticoat, and a flowered linen gown, which hung up over the box; these were all in the room when I went out of it. I told the case to an acquaintance that had been robbed, he said he would apply to a man that should see to take the thief; and next day the two prisoners were taken, and some of the things I lost were found upon them. I went before the justice, there I saw the two prisoners, and Watts the evidence.
William Watts . I have known Elisabeth Lacy about two years, and Metcalp about five or six months; I was coming along Rag-fair, and met him, he asked me to go and take a walk with him, and I would not; that was the Saturday before we broke the house open. On the 17th of March, betwixt seven and eight o'clock, Tom Smith asked me if I had any thing with me that would break this door open?
Q. Who is Tom. Smith ?
Watts. That is the prisoner's right name; they call him Metcalp. He said he wanted money, and he would get some that night; and he would break that door open, and desired me to be concerned with him.
Q. How came you to pitch upon that house?
Watts. We had seen the woman and her husband by looking through the key-hole, and we thought the man was upon going out. After a little time he came out, and she went up stairs; then we went in, and I broke the inward door open with my foot; the street-door was left upon the latch. We took out a boxful of linen, and several things; there was a capuchin, a silk hood, a table-cloth, and child-bed linen.
Q. to prosecutrix. Are any of the things you found here?
Prosecutrix. Here is a fustian frock, a red cloak, a gauze handkerchief, a pair of shoes, a petticoat, (producing them.) We did not mention all the things in the indictment that we lost.
Watts. The prisoner helped the box upon my shoulder, and I brought that home to a house in Dunel's-alley; we both lodged there, it is in Petticoat-lane; and he made this Elisabeth Lacy by force of arms go and pawn the things.
Q. How by force of arms?
Watts. He said, if she would not go directly, he would by force of arms with a stick break her neck. She went, and returned with the money.
Q. Where did you send her to?
Watts. She said she sold them some to Dockery, some to Bray, some to Madams, and some to one Peacock, in George-yard; some in Whitechapel, and some in George-street. She said she had had a hard task to get them off, and hoped she should never have such a piece of work to do for any body again.
Q. Where did she live?
Watts. She lived at the same house we did.
Watts. She lived with me for a year and a quarter.
Q. How lived with you?
Watts. As a bedfellow, no otherwise.
Q. What employment did she follow?
Watts. None, only going to sell things; sometimes sparts, and other things.
Q. What money did she bring you for the things she sold?
Watts. She brought six shillings on the frock, six on the petticoat, two on the cloke, and several sums of money for the rest.
Q. How long had you lived at that house?
Watts. We had lived there a fortnight.
Q. Had Lacy any connection with the other prisoner?
Watts. No, none at all; he said if she would go and sell the things, he would give her two shillings for doing it.
Q. How much money did she bring in the whole?
Watts. She brought about fifteen shillings; she never went on such an errand before.
Q. Did he give her the two shillings?
Watts. No, she gave it him again.
Q. Did he name to her those pawnbrokers you have mentioned ?
Watts. No, he did not.
Q. How came she to go to them so readily ?
Watts. By sometimes carrying to pawn a shirt of mine, or a shift of her own, and fetching them out again.
Q. Who did she give the money to?
Watts. She gave Metcalp the whole.
Q. What had you for your share?
Watts. He gave me half.
Q. How came you to be taken up?
Watts. I was taken up at Rag-fair, and carried before Sir Samuel Gore , and the two prisoners were brought there; one of them was taken up at a lodging-house at the bottom of Rag-fair, and the other at the Fountain; and when Metcalp was in the office, he swore bitterly because he did not make his information before I made mine, because he was taken up the over-night and did not own it.
Q. Who was taken up first?
Watts. He was, but he was let go again, because he did not own it; and when I was in New-prison, he used to send me many letters, praying of me to be as favourable as I could to him.
Q. Where are those letters ?
Watts. I have not them I used to write on the back of them, and send them back again, and desire him not to send any more.
Q. What did he say before the justice ?
Watts. He denied it all there.
Q. What did Lacy say there?
Watts. She said she was a hired servant to him.
Q. Was she hired to him?
Watts. He made her take a shilling.
Q. Did not you say she gave it him back?
Watts. She did, but he made her take one shilling.
Q. How do you call this a hired servant ?
Watts. He told her at first he would give her two shillings; but afterwards he gave her but one.
Q. Did she take it?
Watts. She did.
Q. How did you get your living?
Watts. I draw patterns for the silk-weavers, and have this nine years.
Prisoner. He was tried for taking a gentleman's hat from off his head.
Watts. I was only arraigned for it, but I never did it; Metcalp has been tried before.
Q. from Lacy. Did I take any of the things?
Watts. No, she was only at the door when we took them, we were going by.
Q. What all three of you?
Watts. Yes, all three together.
Q. Did she stay at the door while you went in?
Watts. She did? but she did not assist.
Q. Did she see you bring them out?
Q. Did she, after that, go along with you home?
Q. Did she hear you consult to break the door?
Watts. She heard him bid me do it.
Q. Did she endeavour to dissuade you from it?
Watts. Yes; she begged of me, and fell down on her knees at the door, and prayed I would not.
Q. What answer did you make her ?
Watts. I bid her hold her tongue, and said I would do it.
Q. How came you to do it?
Watts. Because Metcalp persuaded me to it, and gave me liquor; he was hardened in it.
John Boswell . I was coming along in the back lane, near Rag-fair, it was some time in March, I do not know the day of the month, there was a woman came to one Calligan's house to Mr. Brebrook, about taking some thieves. Mr. Brebrook pulled out this gauze handkerchief, and asked the prisoner if he knew it? He said no. Then he said, you shall go before the justice; he will make you know it. Then he said he knew it; and we went to the pawnbrokers, by his direction, and found all these things pawned, some in the name of Elizabeth Lacy , and some in the name of Beer; some in George-yard, some in George-street, and some in Goodman's-fields; I have had the things in my custody ever since, these are them here produced. The woman was before the justice; she wanted to be admitted an evidence, and said she could discover more than Watts could. Watts told the justice that the street-door was upon the latch, and Metcalp shoved his foot against the inward door, and he went and got a punch, and shoved the lock back.
Q. Did Lacy own to this fact?
Boswell. No, she did not; Metcalp swore and blasted himself, and said, if he had known it before, he would have made himself an evidence; and said, if thieves go out together, they ought to keep counsel.
Q. What are you?
Boswell. I am a butcher.
Q. Was you concerned in taking either of the prisoners?
James Brebrook . I am an officer belonging to the Marshal's court; on the 16th or 17th of March, Mrs. Andrews and a man came to our house, I was not at home; they left word with my wife that her house in Cox's-square had been broke open, and they had lost a quantity of linen, some of it child-bed linen. I inquired among some bad houses about Rag-fair, and was informed Elisabeth Lacy was seen dressing a child at the Bull-and-butcher with child-bed linen, some clean, and some dirty; and the night before that, I had taken this Metcalp up at the same house, among some pickpockets; I took him home, and kept him in my house all night, and asked him if he knew of breaking a house open in Cox's-square, and stealing some linen? He denied it. I said what is become of Watts, he having been an old offen der? He said he did not know. He having this gauze handkerchief that is produced here, I asked him how he came by it? He said he bought it in Rag-fair, for fifteen-pence. I told him, if he would let me know where Watts was, I would let him go. So I kept this handkerchief, and told him, if he came again, and told me where Watts was, he should have his handkerchief again. The last witness coming down, and telling me what sort of a man was above in this lodging-house, I went up, there we took Watts. I took him home to my house, and shewed him this gauze handkerchief, and asked him if it was any part of the goods that he took where the house was broke open ? He said he would tell me nothing till he came before Sir Samuel Gore . I took him there, and while we were there, the other prisoners were brought in. Lacy did not own she had any hand in the robbery there; but when we were going along with her to Clerkenwell-bridewell, she said she could make a greater discovery than the others. I said, let us go and find the things first. We went to the several pawnbrokers; she went in first, and asked for the things that she had pawned, and we found several things, which the prosecutrix owned, and are here produced. Then she said she was concerned with them in breaking this house; and in fact they all three owned it.
On a Saturday Watts met me in Rag-fair, I had not been well, I had no victuals, and was going to pawn a new shirt. He said, come along with me; he gave me a halfpenny, I bought a halfpenny-worth of pudding, and went with him home. He gave me some bread and butter, and I lay with him that night. He asked me the next day to go along with him to a cousin's house; I did, and on Monday we went out together. I came home; this woman and her mother were sitting by the fire; she had a child in her arms; she asked where Watts was? The mother said, he was gone to a cousin's to move some goods. Lacy desired me to go with her to meet him. We went, and met him with some things on his head. Under a door were more things, he put them into her apron, and she and I came home. We had not been at home along, before he came in with a box on his head, and hit Lacy a blow because she would not go and pawn them.
I was not with them when the thing was done; but I was persuading them to go home. Watts was in liquor; I lived with his mother. She asked me where he was? I said I did not know. By and by he came in, and brought a box, I did not know what was in it. I was sitting with my child in my arms.
Both guilty of felony, acquitted of the burglary .
189. (L.) John Pearcy , otherwise Cooper , was indicted for stealing twenty bushels of malt, value 40 s. the property of certain persons unknown, and six hempen sacks, value 6 s. the goods of Charles Truss , being in a certain lighter lying on a navigable river called the river Thames , Mar. 17 . ++
Charles Truss . I live at Reading in Berkshire; about the 19th or 20th of March at night, there was a boat brought to Queenhithe , with six sacks of Malt in it; the sacks were mine; who the malt belongs to I don't know.
Q. Had you lent those sacks to any body?
Q. Nor sold them?
Q. What is the prisoner?
Truss. He was my servant, and had been for years; we have always spare sacks on board.
Q. Do you deal in malt?
Truss. No, I do not.
Q. What is your business?
Truss. I am a barge-master , and bring malt for people to town.
Q. Did you give the prisoner leave to take these sacks?
Truss. No, I never did.
Q. Did you order him to carry malt in them ?
Q. What was the prisoner's business here in London?
Truss. He was along with my barge, he came to help navigate the barge to London.
Q. What was in your barge?
Truss. There was malt in it, and flower, and divers goods.
John Poett . I had occasion to land at Black-friars on Monday the 17th of March about eight at night, there lay a wherry and some sacks in it marked Truss; I knowing the sacks to be Mr. Truss's property, I suspected them to have been stolen; I made it my business to inquire who owned the boat, no body would own it; I found the sacks had malt in them, as full as commonly sacks are. I went to Queenhithe and found Mr. Truss, and had ordered the boat to be brought there, he came down with a lanthorn and looked at the sacks and owned them, but said he did not know any thing of the malt; I found the owner of the boat when I had got her to Queenhithe, the person that lets the boat out, told me the man who hired the boat of him, was standing amongst the other watermen at Black-friars, when I inquired whose boat it was, when none of them would own the boat, the malt was put into a warehouse till farther inquiry could be made. In a day or two after we found the man that worked the boat, who declared the prisoner at the bar was one of the men that hired him to take the malt out of Mr. Truss's barge to carry it to black-friars.
Q. Did you see the prisoner when you landed at Black-friars?
Poett. No, I did not.
Q. to Poett. Is this the man that stood by the boat and would not own it?
Poett. This is he.
Q. When was this?
Sherret. I can't tell the day of the month, I think it was on a Monday in March I went down along with him, we put my boat on board a barge at Queenhithe.
Q. Was there any thing in your boat when you went there?
Sherret. There was not; the prisoner and two other men that belonged to the barge, pulled up the tar-cloth, and tumbled six sacks of malt out of the barge into my boat, the bargemen came into it (not the prisoner) I asked where I was to go with the malt? they said to 'Black-friars; Sunderland and I rowed her up there with that man in her, the prisoner and the other man proposed to meet us by land there. Sunderland and the bargeman went out of the boat at Black-friars and left me alone some time.
Q. Did you see the bargeman that went up into the boat after that?
Q. Did you see the prisoner afterwards ?
Q. What became of those sacks of malt?
Sherret. Mr. Poett came and ordered a waterman to row them back again to Queenhithe. Sunderland and I were carried before the alderman; I said the same there as now.
Q. What said the prisoner there?
Sherret. He said he never was on board the boat, and knew nothing of it, and said he had got a boat of his own at White-friars-dock.
George Sunderland . I lent the last witness a hand to row up to Black-friars with six sacks of malt, marked with Mr. Truss's mark on them; there were three men that helped us put them into the wherry, one of them, named Taylor, went up to Black-friars in her, the prisoner was one of the two that was to meet us at Black-friars; William Taylor came out of the boat at Black-friars, and said, I'll stay for Trimtram, that is a nick-name the prisoner went by, when this was mentioned at Guildhall the prisoner told his right name. When Mr. Poett came he took charge of the wherry, and ordered her to Queenhithe again.
Q. Did the prisoner assist in putting the malt into the wherry?
Sunderland. He did.
Q. What time of the night was this?
Sunderland. It was about eight o'clock.
Q. Was it moonshine or dark?
Sunderland. The moon did not shine.
Q. Was there ever a candle at Black-friars that you could see the prisoner ?
Sunderland. There is always a candle and a lamp.
Q. Did you know the prisoner before?
Sunderland. I have known him about twenty years.
Q. Who ordered you to bring the boat to Queen-hithe ?
Wagdon Powel. I was Mr. Poett's waterman that night, I landed him at Black-friars; there we saw a boat lying with six sacks of malt in her, we went up to see if any body belonged to her, we could not then find an owner, he knowing the sacks desired me to row her down to Queenhithe; when we came there Mr. Truss said they were his sacks.
Theophilus Revel Bragg . I belong to the wharf at Queenhithe; about the 17th or 18th of March Mr. Truss came to me and desired me to let him put six sacks of malt into the warehouse, ( he produced one of the sacks) marked with the letters T in the middle of a ring and a flower-de-luce on each side the T.
Q. to Truss. Do you know that sack ?
Truss. This is my sack.
Q. Did you give orders for these sacks to be removed from your barge to Black-friars?
Truss. No, I did not.
Q. Did the prisoner come along with that barge?
Truss. No, he did not, but he came up with another; I had two barges up.
Q. How much malt was in that barge?
Truss. Between five and six hundred quarters.
Q. Was any malt missing of that in the barge?
Truss. There were the number of all the sacks in the barge, none missing.
I know nothing of the matter; I never saw any thing of the wherry or malt either.
Q. to Truss. How long has the prisoner worked for you?
Truss. These twenty years by turns; I have no reason to suspect his honesty.
Guilty 4 s. 10 d.
190. (L.) Philip Abrahama was indicted for stealing one wooden box, value 2 s. thirteen yards of silk, value 21 s. a quarter of a pound of snuff, three quarts of pease, two quarts of beans, and certain parcels of sundry garden-seeds, value 29 s. the goods of Thomas Williams , esquire , one silk gown, value 21 s. the property of Thomas Thomas , esq ; Jan. 17 . ||
Thomas Pardoe . On the 17th of January I carried a box with the things mentioned in the indictment, to the George-inn, Snow-hill , (mentioning the things) the silk cost a guinea, the seeds twenty nine shillings and five-pence; the silk and seeds were the property of Thomas Williams , esquire, and the gown was the property of Thomas Thomas , esquire.
Q. Where does Mr. Williams live?
Pardoe. He lives in Great-russel-street, Bloomsbury; these things were carried to the inn in order to go down into Wales. I set them down at the warehouse-door and went to look for the book-keeper; when I returned, the box was gone; I advertised the box on the Monday following, and on the Tuesday the prisoner was brought to the Yorkshire grey in Bloomsbury-market
Q. Can you swear they are the same ?
Pardoe. I can't be positive, but our housekeeper is here, she can.
Q. Did you see them put into the box?
Pardoe. I put in the seeds myself, and saw her put in the gown and silk, and I nailed and corded the box up. I went to Mr. Welch the high constable, he came and took the prisoner into custody, and carried him before justice Fielding, there he said before the justice he bought them in Covent garden; the justice asked him if any body saw him buy them? he said, no.
Q. Can you say who took the goods away?
Pardoe. I can't pretend to say who did?
Q. Who produced them to you afterwards ?
Pardoe. The pawnbroker did.
Q. Whether or not the prisoner carried them to the pawnbroker?
Pardoe. That the pawnbroker can resolve.
Mary Dobson . I am servant to Mr. Williams; I put the blue taby-gown into the box, and also the thirteen yards of silk; the thirteen yards of silk is the property of Mr. Williams, the gown Mr. Thomas's; he is my master's steward.
Q. Did you ever see them again?
M. Dobson. Yes, I did, before the justice on Tuesday after; there I also saw the prisoner, I heard him say he bought them at Covent-garden for sixteen shillings.
Q. Did he say he bought them of a porter?
M. Dobson. I did not hear him mention porter?
Q. from prisoner. How many breadths were lost of the gown?
M. Dobson. There were seven lost, and but six produced before the justice.
Q. from prisoner. By what particulars do you know the gown?
M. Dobson. I had it dy'd in Orange-street, and here is the dyer's mark upon it.
Benjamin Bunn . I am a pawnbroker, and live in Houndsditch; on the 20th of January a Jew woman in our neighbourhood, that I knew brought me thirteen yards of blue Persian silk, and this blue tabby gown unmade, to pawn. I lent her a guinea on them; and about two hours after, I was reading the Daily Advertiser, and I saw an advertisement of a box, and some garden-seeds, and a gown, and thirteen yards of blue silk, lost from the George on Snow-hill; then I suspected this gown and silk to be the same. I sent for the woman that brought them; she said she had them of the prisoner's sister, then I sent for the prisoner, (he is a Jew, and lives in Houndsditch;) he came, and said he gave it to his sister, in order for her to pawn it, to make some money.
Q. In whose custody has it been since?
Bunn. It has been in mine ever since. ( The gown and thirteen yards of silk produced in court.)
Q. to M. Dobson. Look at them, do you know them?
M. Dobson. These are the same I saw before the justice; the gown I am certain to, and the other is the same both in quality and quantity.
Bunn. I took the prisoner to the Yorkshire-grey, there he said he could not produce the person he bought the things of; but said he had an apron on, like a porter.
Q. Does not the prisoner deal in buying and selling old cloaths?
Bunn. Yes, I believe he does; I know him no farther than by sight.
Q. Did he go with you freely and voluntarily to the Yorkshire-grey?
Bunn. He did.
I am intirely innocent of what is laid against me; I am a young man that gets my living by buying and selling of cloaths; coming along, I call'd out, old cloaths! A man gave me a call; he took the gown from under his arm, and I bought them of him. He was a little higher than I am, and had on a brown coat.
For the prisoner.
Q. What day was it?
Q. How came you to see it?
E. Goburn. I deal for China; a man offered it me to sell coming up Half-moon street by the church in Covent-garden; he had it in the lining wrapt up.
Q. How was the man dressed?
E. Goburn. He had a brown coat, with a cape to it. He asked me if I would buy a gown ? I said I would if I could. I looked at it; I said there was not a gown, there was but six breadths. He asked me a guinea; I offered him twelve shillings, after that thirteen; I thought I could not afford any more; I left him, and the prisoner came from towards Drury-lane.
Q. Do you usually buy things in the street?
E. Goburn. Yes, we frequently do. I looked back to see if the man would call me, and I saw the prisoner with the man, with the gown in his hand.
Q. Did you know the prisoner before?
E. Goburn. Yes, I did.
Q. What size man was he that offered it to you?
E. Goburn. He was a little higher than the prisoner.
Q. Had he an apron on?
E. Goburn. I did not mind that.
Q. Where do you live ?
E. Goburn. I live in Woolpack-alley, in Houndsditch.
Q. How long have you known the prisoner ?
E. Goburn. I have known him some time; I never knew him for any ill.
Q. How came you to be in Covent-garden at that time ?
E. Goburn. I buy my china at the corner of Grocer's-alley, of Mr. Wood, and I had been there.
Q. Did you see the prisoner buy the gown?
E. Goburn. I saw him put his hand into his pocket, and saw him wrap the gown in his handkerchief afterwards; but I would not take a false oath for a thousand or ten thousand guineas, I can't say what he gave for it.
Q. Did you see him after this?
E. Goburn. I met him on the Monday night in Rosemary-lane. I said I hope you have got a bargain, though you did buy it out of my hands. He said he had not sold it yet; and on the Wednesday I met his mother, and she said to me, you need not grudge my child it, for if I had bought it, I might have been where he is.
Joseph Levi . I have known the prisoner two years, or there-abouts; I used to sell him old cloaths; I live with Mr. Barbernel, I have trusted him in my apartment; I always found him a very honest man.
Q. How often have you been bail for people within this year?
Openham. Not above twice these two years. I hope, if I have bailed a friend, there is no reflection upon me for that. I once gave the prisoner a watch to sell; but he could not sell it, and brought it me again.
Q. Have you ever sent any watches or goods abroad for the prisoner?
Openham. No, never.
Isaac Ashur . I have known the prisoner fifteen or sixteen months; I am an old-cloaths-man sometimes, and sometimes I travel in the country with silver and hard-ware. When I went with old cloaths I met the prisoner every day almost, calling old cloaths. I know no harm of him.
See the same indictment laid wrong No. 118. last sessions; and also see him tried before, No. 182. in Mr. Alderman Cockayne's mayoralty.
Joannah Etheril. I was with the prisoner when she took the silver tea-spoon.
Q. Where did she take it?
Richard Howard . I was constable, and took up the prisoner and the evidence, and carried them before justice Rickards, and upon their own confessions they were committed, one to New-prison, and the other to Clerkenwell-bridewell. (The spoon produced.)
Q. How old is the evidence ?
Howard. I believe she is about eleven years of age.
Q. And how old the prisoner ?
Q. Where is the prosecutrix to prove the property?
Howard. She is very ill, and can't come.
Q. Do you know whose spoon it is?
Howard. No, I do not.
John Burgoine , Esq; We had had the distemper amongst the horned cattle, and I being in the commission of the land-tax, on the 24th of March last I saw some cattle driving along in a lane. I took my horse and rode to them to know where they were going, there was the prisoner and another man; the prisoner told me they had left their certificate behind them; I said, where? they said, at Edgware; I said, I must know how you came by them; finding he began to hesitate, I said, you stole them; then the prisoner jumped over a five-bar-gate and away he ran.
Q. What cattle were there?
Burgoine. There were three heifers and a black mare; I jumped my horse over the ditch and rode after him, he fell into a ditch and was intangled with the briars; I took him by the collar and said, I would rip him up if he did not surrender, he surrendered; I took his handkerchief from his neck and tied his hands behind him, and brought him to the other person, whose name was Lloyd, the prisoner then declared Lloyd was innocent. I mounted the prisoner on the horse and brought him down to Edgware, and then charged him with stealing the mare, he owned he stole her and the three beasts, and that he had hired Lloyd for certain wages to go with him and help to drive the cattle; he told me also what part of the Chase he stole them from, which was by Winchmore-hill, near where the men hang in chains; the mare was with foal.
Q. to prosecutor. Was the mare you lost with foal ?
Prosecutor. She was forward with foal.
Burgoine. The prisoner owned to me he had borrowed a bridle and saddle of a person in London; I asked him whose mare it was? he said he could not tell; that he catched the mare and put the bridle and saddle on her between seven and eight o'clock on the Sunday-night; that they had passed the cattle to go to the mare, and then they brought the mare up to the cattle, and he said these are my three beasts; he was taken before the justice and there confessed the whole and signed it, this is it (producing it) I heard it read to him before he signed it; he signed it voluntarily and free.
It is read to this purport:
Middlesex, to wit. sawyer.
'' The said William Darlow being brought before '' me by John Burgoine , gentleman, on '' suspicion of having stolen three heifers and a '' black mare, he voluntarily confessed, that on '' the 23d of this instant March, about eight in '' the morning, he went to John Lloyd , and '' asked him to go with him to Enfield-chase, '' and help him drive some bullocks to a fair; '' for he wanted to pay some money where it was '' due, and he would pay him for his time; and '' he brought a saddle and bridle from Goswell-street, '' and they went to Enfield-chase, where '' they caught a black mare, and put the saddle and '' bridle on her, and drove three hiefers from off '' the chase, with intent to sell them; and they '' were stopt about eleven o'clock in the forenoon, '' in the parish of Great Stanmore. And '' this examinant farther faith, that John Lloyd '' did not know but the mare and three heifers '' were his own.''
Q. Was any body with you when you first saw the prisoner and the other man together?
Burgoine. No, I was alone.
Q. Where is the other person?
Burgoine. He was discharged.
Q. Did the prisoner seem to be under any dilemma? Was he sensible, do you think?
Burgoine. Quite reasonable. When he came to the constable's house, he would not eat; he said he had eat his last.
Q. Did he at first own he had stole the mare ?
Q. Had they brought the beast far ?
Burgoine. They had been travelling all night with them, and came all the bye-ways they could.
Q. Did he appear to be in his senses ?
Readwood. He was in his senses.
Q. Was you with him before the justice?
Readwood. I was; he owned the same there.
Q. Where was you charged with the prisoner?
Readwood. In my own house.
Q. Did he own it at first ?
Readwood. At first he said little or nothing.
Q. Did he appear to be under any condition of insensibility at all?
Readwood. No, he did not.
I am very innocent of it; the young man that was along with me came to me on the Friday in the afternoon, the 24th of March, where I work, and begged of me to let him have a little money, saying he was starving. I told him I had got none. He wanted me to borrow some of my master; I said no, I could not, I owed him some, and wanted to pay him. He said he had been out of place a great while; he told me he had got some heifers at Enfield-chase, and a mare, and desired I would go along with him, and he would pay me the rest of the money he had borrowed of me before; he would sell them, and put himself into service, saying he could have a very good place in Cheapside if he had but some cloaths, for he was not fit for service without; and he went that afternoon to Smithfield, to know what fair there was in the country; he came and told me there was some fair in the country about forty miles off. I went to a chandler's shop, there we had a three-penny loaf, and half a pound of cheese; he said he had no saddle, and desired me to borrow him one, and told me where to call upon him. I did, and we went to Enfield-chase; he bid me go to the sign of the Black-bull, a public-house, and get a pint of beer, and he would go and call upon his friend that kept the cattle for him; he went and returned in about an hour.
To his character.
Edward Lowe . The prisoner has worked for my father upwards of six years, as a sawyer; my father is a hard-ware and ivory-turner; he continued to work with us till within this three weeks. I never saw him fuddled once in the six years; he has been trusted to receive twenty pounds at a time, and brought it home safe.
William Jennings . I have worked with Mr. Lee twenty-four years; I have known the prisoner ever since he worked with him, he always bore the character of an honest man; he would sooner work half a day to get a shilling, than go to play half a day.
William Lowe . I am brother to the prisoner's master, and have worked with my brother eighteen years, and have known the prisoner ever since he came there, during which time he has bore an exceeding good character; he would hardly drink a pint of beer, if he was asked so to do; he has been trusted to bring things of value to me, and I always received them safely.
William Lowe . I am son to the prisoner's master; I believe hardly a man could come up to the prisoner in hard working. My father has trusted him with many pounds together, and he never wronged him. He is a very sober fellow. I never saw him drink a pint of beer.
Guilty , Death .
William Pain , a pawnbroker, and the first thing I saw was my gown; I told his servant it was mine, and that he had not had it three quarters of an hour, he said he had not; I described it, and he opened it on the counter and saw the marks, then he said it would be better for me to leave it, because the person that brought it might come for more money on it, or to sell it, and he could stop her. I left it; this was on a Saturday. My husband desired me to go on the Monday and bring it home without paying what was lent upon it, it being the second time I had found stolen goods there; I went, but the pawnbroker said, several times, he would not let me have it till I found the thief and paid for it; then my husband went to justice Withers and got a search warrant and a constable, and executed the warrant, but he had put the gown out of the way; he said, if we had not brought a search warrant he would have produced it: I got from him a description of the girl that brought it, and found her at her mother's, and I brought her to Pain's house. The girl said she did not steal it, one Mary Holmes took it and gave it to her to pawn, which she did, and the other went with her. I took Mary Holmes and brought her to Pain's shop, for his servant had told me there came another along with the prisoner, they, upon seeing her, owned she was the person that came with the prisoner to pawn it; after that Pain came out of his little parlour, and said he was glad to see me a little better humoured; I told him I was not, nor should be till his affair and mine was ended; then he ordered me out of his house, and asked to see my warrant for taking Holmes, I said I had none; then he rescued her from me, and threw me a-cross the street; he took her clean away, I never saw her since, and abused me as far as he could call after me.
Constable. This is the gown that witness delivered to me, it has not been out of my custody since.
Smith. I heard the girl before the justice own she stole the gown.
Q. to the constable. Did you hear the prisoner say she stole the gown?
Constable. No, I did not; she said she was shewn the way to the house where the gown was hanging up.
Prosecutrix. I never heard her said so; I think it was impossible she should steal it, it hung too high for her to reach; the other was tall enough to reach it.
I did not steal it, nor was I with the young woman when she did.
(See her trial before, No. 427, in Mr. alderman Rawlinson's mayoralty.)
194. (M.) Margaret, wife of James Wilkerson , was indicted for stealing three cotton gowns, one cotton sack, one linen shirt, one cotton skirt, one cotton petticoat, three silver tea-spoons, one linen mob, laced, one muslin handkerchief, one lawn bed-gown, one jacket, two diaper clouts, two silk bonnets , the goods of Abraham Green , March, 3 .*
195, 196. (M.) John Dennis was indicted for stealing two pounds weight of tobacco, value 1 s. 6 d. the property of Charles Jordan ; and James Mills for receiving fifteen ounces weight, part of the said tobacco, well knowing it to have been stolen , Feb. 28 . +
Charles Jordan . John Dennis lived servant with me some years; on the 28th of February he was going to dinner, and I saw something bulkey in his pockets, I asked him what he had got there? he said, a little tobacco; I asked him what quantity? he pulled out near a quarter of a pound, seeing that, I called the rest of my servants to search him, which they did, and found upon him one pound and fourteen ounces, worth about 1 s. 6 d. I asked him where he disposed of it, he said, if I would not transport him he would tell me; then he owned he had carried on this practice upwards of a year, to take some away once or twice a week, and carried it to Mills, the other prisoner. I took him before Sir Samuel Gore , there he confessed the same; I went and
James Young . I am servant to Mr. Jordan: as Dennis was; going to dinner on the 28th of February, my master stopped him, and desired me and my fellow-servant to search him; we took him backwards, and found in his breeches and waistcoat pockets about a pound more, after he had delivered some to my master in the shop; my master asked him how long he had carried on this practice? he said above a year, and that he sold it for a groat a pound to Mills; we carried him before Sir Samuel Gore , there he owned the same.
Mr. Mills bid me take and steal some tob acco, and said he would give me a groat a pound for it.
Dennis guilty , Mills acquitted .
197. (M.) Mary Clinch , spinster , was indicted for stealing three linen aprons, value 15 s. two muslin handkerchiefs, value 5 s. one muslin handkerchief, laced, three pieces of silk, twelve pieces of cotton, one linen cap, four pieces of lace, one silk and gold-laced hussey , the goods of John Arnold , March 21 .*
Elisabeth Arnold. We live at Kentish-town; I am wife to the prosecutor; the prisoner was my servant (she produced the things mentioned in the indictment) these things were missing after the prisoner was gone away; we found her and took her up, and before justice Fielding she confessed she stole them at divers times, and directed us where to find them, which we did.
The prisoner owned the fact.
198, 199, 200, 201. (M.) Bridget Golden , John Jordan , Matth.ias Duffey , and Anne, his wife , were indicted for attempting to aid and assist, in order to facilitate the escape of Winifred Farrel from out of New-prison, Clerkenwel, without the consent of the keeper of the said gaol , March 23 . +
William Pentelow . I am keeper of the New-prison, Clerkenwell ; Winifred Farrel was committed to that goal by John Fielding Esq; for receiving stockings that had been stolen. (He produced the commitment which was read, dated Mar. 15.)
On Sunday the 23d of March, my turnkey came to me, and said to me, if you will have a little patience, there is a fine scheme going forwards; upon which I told him I would. He told me Winifred Farrel, then a prisoner, was dressed in a disguise, mussled up, and a straw hat in her hand, and people along with her. I told him to take no notice; but if he found her going out, to stop her, and the rest that were with her, and call out; which he did, and I came and helped to secure the two Duffeys; Anne Duffey had Farrel's gown on. and Farrel had her gown on, and a Straw-hat in her hand. There were five of them: there was one Malone, he was to give evidence in this affair; but they have bailed him out, and he is run away.
Robert Saunders . I am turnkey under Mr. Pentelow; on the 23d of March, about three o'clock in the afternoon, Golden came into New-prison with some victuals for Winnifred Farrel ; before she had eat it, in came the two Duffeys, Jordan, and Malone. They went into the tap-room to Farrel; after they had been there together two hours, I wanted to go and see the prisoners, then Farrel sat at the end of the table, with a yellow bed-gown on, the same that Golden came in with, and Golden had her gown on, and Farrel had a hat and cloak tied over her eyes; it began to grow late, and my master ordered me to lock up; then I called out, as usual, All strangers! I opened the gate, and out went the three men, and Farrel; Jordan was much in liquor, he followed Farrel, and gave her a shove; I went to push her back, turned them all together, secured them all, and locked them in again. Farrel's face was hid, I could see no more of it than if she had a sack about her head, she had a handkerchief about her mouth.
Farrel told me Mrs. Pentelow found fault with her in going so dirty, so I took her gown to carry it home to wash it, and she put mine on the while.
All four acquitted .
202, 203. (M.) Eleanor Riland , spinster , and Mary Summers , spinster , were indicted for stealing one copper tea kettle, two brass candlesticks, one pair of buckskin breeches, with silver buttons, one man's hat, one linen apron, two muslin neck-cloths, one silk gown, one cloth coat, one cloth waistcoat , the goods of Maddan Layman .
++ Both acquitted .
Elisabeth Crew , widow, March 11 .
++ Both acquitted .
204, 205, 206, 207. (M.) Mary Walker , Elisabeth Dobbins , and Sarah Harris , were indicted for stealing thirty ounces of silk , the goods of Thomas Pearson ; and Mary the wife of James Cook , for receiving the same, well knowing it to have been stolen , June 16 .
++ All acquitted .
++ Acquitted .
Joseph Lovel , John, otherwise Thomas Welch , Sarah Todd , all three capitally convicted in last January sessions, Thomas King in March sessions, and Lionel Reculous in last October sessions, received his majesty's pardon, on condition the four former to be transported during their natural lives, and Reculous for seven years.
The trials being ended, the court proceeded to give judgement as follows:
Received sentence of death 6.
Transported for 14 years 1.
Transported for seven years 20.
William White , Charles Frigates, Peter Quinby, Richard Gray , John Piercy , Thomas Lloyd , Elisabeth Freeman , James Finn , Margaret Wiseman , Anne Munk , John Dennis , Elisabeth Beer , otherwise Lacy, Thomas Metcalp , Anne White , Elisabeth Mills , otherwise Lovesege, William Witnham , Martin Kennedy, Terrence Conner, Joseph Powel , Anne Moore .
To be whipped 2.
Joseph Lovel , John, otherwise Thomas Welch , Sarah Todd , all three capitally convicted in last January sessions, Thomas King in March sessions, and Lionel Reculous in last October sessions, received his majesty's pardon, on condition the four former to be transported during their natural lives, and Reculous for seven years.
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