In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER IV. for the YEAR 1756. Being the Fourth SESSIONS in the MAYORALTY of The Right Honble SLINGSBY BETHELL, Esq; LORD-MAYOR of the CITY of LONDON.
Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street, 1756.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.
BEFORE the Right Honourable SLINGSBY BETHELL, Esq; Lord-Mayor of the City of London; My Lord Chief Justice Ryder, * Mr. Justice Clive, + the hon. Mr. Baron Legge, || Sir WILLIAM MORETON , Knt. ++ 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.
170, 171, 172, 173, 174. (M.) William Yates , Richard Rivers , William Sawyer , John Burch and William Dobins , were indicted for stealing 50 gallons of strong beer, value 25 s. the goods of John Cumberledge , in the warehouse of the said John, March 18 . +
John Cumberledge . I am a publican, and keep a store-cellar in Peter-Street, Westminster . I lost a great quantity of beer out of my store-cellar; but am not a judge how much. Several of my butts had not so much in them as they should have when we found it out.
Q. Was all the beer in that cellar your property?
Cumberledge. It was.
Benjamin Edwards . I am cooper to Mess. Cousemaker and Co. who serve the prosecutor with beer. I was starting beer in this store-cellar on the 18th of March, and found several of the butts were peg'd clandestinely, the beer was much of it gone. I started two barrels of beer into four butts, to fill them up again; the next day I went there again, and found the butts had been peg'd again afresh; I then look'd about, and found the broken place where the persons had got into the cellar.
Q. How much of the beer was missing?
Edwards. I can't tell; but I found out of two butts there were near 18 gallons missing in two days time; which were two of the butts that I had fill'd up.
Q. Who had the care of the cellar?
Edwards. Either Mr. Cumberledge or I always kept the key of it.
Q. Describe the place that was broke open.
Edwards. On the Saturday night the 19th of March, Mr. Cumberledge and I went into the cellar together, and found a board broke up in the floor over it, and laid down in its place, but not fasten'd. I got some nails, and nail'd it down.
Q. How came you to suspect the soldiers at the bar? [the prisoners were all soldiers .]
Edwards. I did not know which way the liquor went till the evidence here (another soldier) confess'd; and after that every one of them confess'd it themselves.
Taylor. I believe it was in February when the board over the cellar was broke open; I don't know exactly the time.
Q. Who was at the breaking of it open?
Taylor. Rivers, Dobins, and myself.
Taylor. With a poker.
Q. Which of you broke it open?
Taylor. They both did; I lay on the bed at the time.
Q. Who went down into the cellar?
Taylor. I did that night, and fetch'd some beer up, and they pull'd me up again.
Q. How did you get at the beer?
Taylor. I tap'd one of the butts with a gimblet, and drew it off into a little brass kettle.
Q. Which did you deliver it to?
Q. How much might the kettle hold?
Taylor. It held about a full-pot, or a little better.
Q. How many times might you fill it that night?
Taylor. I believe about eight or nine times.
Q. Did you go down after that?
Taylor. I did, in about two or three days after.
Q. Who was there at that time?
Taylor. Rivers and Dobins were then in the room.
Q. How much liquor might you draw at that time?
Taylor. Much about the same quantity as we did before.
Q. Was the board loose then?
Taylor. It was, we only laid it down.
Q. Did Rivers and Dobins go down into the cellar?
Taylor. No, they did not; I went down and drew the beer, and deliver'd it to them, and they emptied it into another thing.
Q. How many times might you go down?
Taylor. I believe I went down six or seven times, and drew near the same quantity cach time. We had an iron pot to put it into, that would hold about five quarts.
Q. How many times did you fill that in a night?
Taylor. We fill'd it twice in a night.
Q. Were the other three prisoners with you there at any time?
Taylor. They were all of them drinking with us there at different times; and they all saw the beer deliver'd up. Burch and Yates have been down in the cellar and drawn beer themselves.
Q. How often did they go down.
Taylor. Yates went down twice, and Burch might go down six or seven times; they both deliver'd up beer as I had done; and after we had done, we laid the board down again in the same manner as before.
Q. Were the five prisoners and you all there at one time?
Taylor. No, we never were.
Q. Were there any other of the prisoners down in the cellar?
Taylor. No. Sawyer once tried to go down, but could not; but there were two pots of beer drawn that night, and he drank part of it.
Q. How much do you think you drank in the whole?
Taylor. I think there might be a butt and a half drank and wasted in the whole.
Mr. Morgan. I was at justice Carkass's, when the evidence and all the prisoners (except Dobins ) were there, he was ill in the Infirmary at that time. They were charged with robbing the cellar of beer; they all own'd to the drinking part of the beer, and that they knew it was stolen. Taylor said then he thought there were two butts and a half drank, I said it was impossible it could be by six men in five weeks time; he said there was some wasted; after that he swore to a butt and a half.
John Alixander . I am constable; I carried Dobins before the justice; he was charged with going down into the cellar, and stealing of beer; he confess'd it, and said he could not deny but that he went down into the cellar.
Yates's defence. I was going down the street. Taylor call'd me and ask'd me if I would drink, he had got a full-pot of beer on a chest of drawers; so I went in and drank some, and we had three fullpots, but I knew not where it came from.
Rivers's defence. I went up to my quarters and received my money, Dobins was with me. We brought some bread and cheese with us, Taylor was drunk on the bed; he said he was glad we had got some bread and cheese, for he would help us to some beer, which he did.
Sawyer's defence. After Dobins was in the hospital he wanted me to go and lodge with him. I went with him, and drank part of a pot of beer. In two or three days after I went there, and drank part of a pot more with him.
Burch's defence. I went into Taylor's room and enquired for Dobins; then he ask'd me to lodge with him. I went with him, he had some beer in a cupboard; he said he had had a friend with him overnight, and it was dead in the pot.
Dobins's defence. I lodg'd with Taylor. Rivers and I went up to my quarters to receive my money. I found at my return Taylor drunk in bed; he said as you have got some bread and cheese, I'll take care you shall have some beer; he had beer by the bed-side, and we drank some of it.
All five Acquitted .
Girolamo Ferri was indicted for stealing 9 holland shirts, value 40 s. I pair of muslin ruffles, value 5 s. 1 gold ring set with 15 diamonds, value 10 l. and 1 gold ring set with an amethyst , the goods of Joseph Ricciarelli , March 8 . ++
The prisoner and prosecutor being both foreigners, an interpeter was sworn.
Q. Are you sure you lost to the number of nine?
Ricciarelli. I am. I lost a pair of muslin ruffles, a gold ring set with 15 diamonds, and an amethyst ring. On missing the rings, I taxed the prisoner with taking them. He said he had them in his pocket, and took them out and delivered them to me; then charging him with taking my shirts, he owned he had taken and pawn'd them. We sent accordingly, and the pawnbroker produced them; (the rings produced in court, and deposed to.) I carried the prisoner before a magistrate, where he confessed the same.
Q. Did you give the prisoner directions to pawn the shirts?
Ricciarelli. No, I never order'd him to carry any thing to pawn; I once gave him two louisd'ors to change, which he did, and I had them back again.
Q. How long has the prisoner been your servant?
Ricciarelli. He has been my servant four years and a half.
Q. Did you bring him into England with you?
Ricciarelli. I did, from Germany.
Q. Did he deliver your rings upon your asking for them?
Ricciarelli. He did.
Q. Whether or no he was not intrusted with your goods?
Ricciarelli. He was, with every thing.
Q. Did he give a reason why he pawned the shirts?
Ricciarelli. No, he did not.
Ricciarelli. I do, he is my footman.
Q. Whether he and the prisoner have not at different times pawned things for you, by your orders?
Ricciarelli. No, I do not remember any such thing.
Q. Whether you missed the shirts before you charged the prisoner, or the prisoner told you he had pawn'd them before you charged him with taking them ?
Ricciarelli. I never look'd into the things till he was taken up, and then he own'd he had pawn'd them.
Thomas Harrache . On the 8th of March, about eleven at night, I came home, and heard the prosecutor's servant had robbed him; he lodged in my house. I examined the prisoner myself, who own'd he had pawn'd ten of his master's shirts. I was present before the magistrate, where he owned the same, and also his taking the two rings. The prosecutor is first singer at the opera.
Jr. Watson. I am a pawnbroker. One Dr. Griffin pledged two shirts and a pair of ruffles with me, at two different times, in November and December; after that, the prisoner came to me with Dr. Griffin, and claimed them as his property; produced in court and deposed to by the prosecutor.
I put these shirts in pawn, because my master owned me two months wages; he told me he had no money, but bid me do what I could with the goods, and said he would pay me when he had his benefit.
For the Prisoner.
James Cammel . I am an interpreter, and live servant with the prosecutor. The prisoner once came out of my master's room, and brought me two double French louisd'ors, desiring me to go and get two guineas upon them, which I did.
Q. What are they worth?
Cammel. They are worth about forty shillings each.
Q. Did you pledge or change the louisd'ors?
Cammel. I pledg'd them.
Mr. Crawford. The prosecuter has sometimes apply'd to me to advance money on his note before it was due; I know he has wanted money generally before it was due.
Lazarus Bartovalle. The prisoner brought me 2 double French louisd'ors by order of his master, and I lent him 2 guineas upon them. I have sometimes lent the prosecutor 10 guineas, sometimes 6, and often paid the coach for him. He often wanted
Joseph Cap . I have known the prisoner ever since he has been in England, which was in the year fifty-four. I look upon him to be a very honest man. I have heard the prosecutor give him a very good character, I have dined with them both at one table. He used him as a companion and not as a servant.
Mr. Jackson. I have known the prisoner 12 months; he always bore a good character.
Mr. Willer. I have known him 10 or 12 months; I never heard any ill of him in my life.
Mr. Hall. I have known him about 2 years; I always took him to be a very honest man.
Mr. Tilley. I have known him 4 or 5 months; I have trusted him alone in my shop, where there were many jewels and other goods, and he never wrong'd me.
Jane Savage . I lost to sheep; the last I lost on the 7th of this instant. Richard Hebert my shepherd came and told me of it. The prisoners live about a mile from where I live; they are butchers, and live together. I mistrusting them sent for a shoulder of mutton, in order that my shepherd might see whether they had got the sheep, and enquire if either of them were gone to Uxbridge-market, in order to follow them, and see of they had carry'd the skin there to sell. He went, and did not return till he had been at Uxbridge-market, and brought the skin with him; ( produced in court, and deposed to by the mark I. S. and the trade mark produced with which it was Branded.) They both were taken up, and before the justice they both confessed stealing of the sheep out of my field between 8 and 9 o'clock, and that they carry'd it home and kill'd it.
J. Savage. A very drunken idle thief; the other much the same.
Q. How many sheep has she?
Hebert. Eight-score and 13. I missed a sheep at telling them out of the sold on the 8th of April; after I had set my sold, I looked over them as they went through a gap, and missed a particular sheep I went and told my mistress of it, who desired I'd go to the prisoners house for a shoulder of mutton. Their mother was at home, but one I found was gone to Uxbridge, and the other to kill a kog. I went to Uxbridge, where I found the at John Hailey 's the sellmonger. I brought it to my mistress
Q. Can you swear to the skin ?
Hebert. I can, it belong'd to the sheep that I missed. The prisoners own'd in my hearing they took away this sheep, and that they had a shoulder of the mutton of it at home. This skin has been in my mistress's custody ever since.
Q. Is this one of the seven skins you bought of him that day?
Hailey. It might; but as I buy so many, I can't be positive. The shepherd here ask'd me to look into my cart amongst my skins, or if any one of the prisoners had been at the town that day; I said yes, and I had bought skins of him. He got up in the cart, and threw this skin down, and ask'd me to look at it, and to tell him the mark on it; I did, and said it was 1. S. he said he'd swear to it, and he took it away with him.
Q. How many skins had you bought that day?
Hailey. I believe about fourscore.
Hailey. I never knew any thing dishonest by either of them.
John Hatchet . I heard the prisoners confess before the justice that they were both together at the sheep sold. Thomas said, they were at the sold between eight and nine at night, and catch'd the sheep, and his brother carried it home. John said Thomas carried it home; he said they were both there together. They both agreed in taking the sheep.
Hebert. Thomas said he took the sheep between eight and nine, and John said he took it between twelve and one, and got to bed about two.
Q. Did they say they were together or separate?
William Petit. I know the prisoners are drunken
Henry Turner . I heard their confession before Burkhead. They both owned seperate, that they snatched the sheep in the fold, and carried it home and it, and sold the skin to Mr. Hailey, the skin was brought there, and they own'd it was the skin that they sold to him.
John Jarvis . I heard the prisoners confess that they stole the sheep from the sold, and carried it home and kill'd it; one said it was between eight and nine o'clock; and the other said between twelve and one; and they sold the skin to Mr. Hailey, and this was the very skin.
Both the prisoners in their defence said they knew nothing of the fact laid to their charge.
Both Guilty .
Jeremiah Davinant. I lodge at the house of Margaret Powell . I lost the things mention'd on the of March. I went to enquire at the pawnbrokers to find them; and at the house of Sarah Roberts was inform'd that the waistcoat' had been pawn'd there by the prisoner. She was sent for; her mother came, and sent for the waistcoat there. The girl at the bar own'd she saw me go out of my house, and she went in and took it out of a drawer. We took her before the justice, and she there confessed the same (the waistcoat and flat produced in court, and deposed to.)
Q. What is the value of the waistcoat ?
Davinant. I value it at 40 s. and the flat iron at 4 d.
Eleanor Davinant . I missed this waistcoat; and my husband and I went to enquired at the pawnbrokers; then Mrs. Roberts, said the prisoner had pawn'd the waistcoat there, and took it out in about five minutes after. The girl's mother was sent for; she came, and brought her key; saying she had got it under lock and key; so a woman took the key; and brought it. The flat iron was pawned at Mrs. Roberts's, by the prisoner, where I found it. We took up the girl, and before justice Welch she confessed she saw ply husband go out; and went to his lodgings and took the waistcoat and flat iron away.
Sarah Roberts . I am a pawnbroker, in Catherine-Street, by Leicester fields; the child at the bar brought the waistcoat to me to pawn, and wanted a shilling on it, and it was taken out again in less than a quarter of an hour; by which means we found out the things when the prosecutor came to enquire after them.
Q. Did you hear the prisoner confess she took the things?
S. Roberts. Yes, I did. The girl said no body knew any thing of it but herself.
Q. Did you hear her say how she came by them?
Tempest. No, I did not. I believe the prisoner lodges in the same house with the prosecutor.
Prosecutrix. She does not live in the house where we do, she was an utter stranger to me.
Prisoner's defence. I pawn'd the waistcoat but for a shilling.
For the prisoner.
Q. How old is she ?
Johnson. About eleven years of age.
John Watkins . I am father to the child. I know nothing of the affair. The prosecutor has been with me several times to get money to stop proceedings. I said I would give none: he said I was a very unkind father. He then sent for me to know what I designed to do; I said nothing at all, and hid him go about his business. Then he came and served a warrant on me; I had heard of it and had superseded it, and shew'd it to the constable.
Q. Did he ever ask any sum of money of you?
Tompson. He said he had been at a great expence, but did not name what sum.
179. Elizabeth Ellis , spinster , was indicted for stealing one woman's beaver that, value 6 d. one pair of woman's stays, value 6 d. one linen apron, value 3 d. one woolen petticoat, value 3 d. and one silk and cotton handkerchief , the goods of Charles Rogers , January 6 *
Charles Rogers. I am a milk-man . I hired the prisoner, as servant on the 6th of January. I filled
Ann Rogers . I am wife to the prosecutor. On the 18th of last February I was coming through Thames-Street, and met the prisoner, and laid hold of her; then I accused her with robbing me on the 6th of January. I took her into a house; there she confess'd, and said she would help me to my things, saying they were pawn'd somewhere in Thieving-Lane, but would not tell me the person's name. She had my apron and petticoat on, which she own'd to be mine.
Prisoner's defence. I know nothing of what they lay to my charge.
Christopher Richards. I was coming home to my lodgings in White-Friars, on a Monday morning about two o'clock, five weeks ago. I met with the two prisoners in Fleet-Street ; they ask'd me to go with them home to their lodgings. I went, and sat down with Sarah Mathews on my right side, and Jones before me. Sarah Mathews pick'd my pocket.
Q. Did you see her do it?
Richards. I can't say I saw her. I saw her hand come from my pocket; but can't say what she took out, for I did not know how much money I had in my pocket; her hand was clinch'd.
Q. Did she take so much as a shillings from you?
Richards. I know it was something above a shillings. I can swear I lost that. Then I went out and call'd the watchman, and he came. I went back with him to the door, which I found lock'd. I put my foot against it, and broke it open; there sat the 2 prisoners. I gave the watchman charge of them, he took them into custody, and they were sent to the compter. The next morning they were carried before my Lord-mayor, and I was bound over to prosecute.
Q. Did they confess any thing?
Richards. No, they pretended over-night that I had cut off their capuchines.
Q. Did you ask them to go with you, or did they ask you ?
Richards. I believe we were all consenting.
John Smith . I am constable. About 2 o'clock that Monday morning the watchman came to me, and said there was a man rob'd. I went and found the prosecutor. He charged me with the 2 prisoners, and they charged him; and I went with him to his house in Salisbury-court, where he took out his key and unlock'd the door; so I let him go to bed on his appearing in the morning.
Q. to prosecutor. What are you ?
Prosecutor. I'am an enameller , and live in Salisbury-court.
Both Acquitted .
Q. Why do you charge her ?
M. Bowman. Because I was sent for to justice Fielding's, and there saw my mug ( produced in court ) my name is on the bottom of it, The prisoner was at the justice's, and she own'd there she took it.
Q. When did you see it last, and where?
M. Bowman. The last time I saw it was in my own house.
Thomas Powel . The prisoner at the bar brought this to me to pawn, and ask'd a guineas on it. I stop'd it, and her, and took them both to Mr. Fielding's, where was Mr. Welch. The prisoner said she would send for the owner of it. First she said she brought it from Mary Bayment , but did not know where she liv'd; at last she sent for the prosecutrix, and then own'd she took it from off the table.
183. (M.) Thomas Commin was indicted for stealing 34 candles, value 6 d. one towel, one damask napkin, 2 linen handkerchiefs, one pair of leather garters, and 3 brass sockets , the goods of Samuel Underhill , Esq ; April 15 . +
Samuel Underhill . The prisoner was a servant of mine. I lost a great many things during the time he liv'd with me. There was a very large box which he took care to send from my country house to a house in Piccadilly. I got a warrant to search that box but it was gone then; upon which we open'd another little box of his (he was by at the time) there were 2 handkerchiefs, a towel, napkin, and other things (produced in court.) This napkin is part of a set. The towel has my mark on it U 12. There are 2 pocket handkerchiefs, which I put out of my
Q. What did he say at the opening of his box?
Underhill. At first he said there was nothing but what was his own.
Q. from prisoner. Whether I did not offer master the garters 3 or 4 days before, and he desired me to put them by?
Underhill. No, he did not.
Q. When did you leave Warwickshire ?
Underhill. I left it at Christmas last.
Q. Is it not customary for your servants to have napkins to clean their plate?
Underhill. Yes, proper plate cloths, but not such as these.
Q. Was the prisoner trusted with your plate?
Underhill. Yes, he was.
Q. Did your ever find any of that missing ?
Underhill. No, he dealt in smaller things.
Q. Had he things deliver'd to him as your butler, to have in his custody?
Underhill. He had.
Q. Had he an opportunity to have made his escape, the day he was taken, if he had been so minded?
Underhill. He had. I believe; but I suppose he did not care to go without his wages.
Symonds. In Mr. Underhill's parlour, at the powder mills on Hounslow-heath. The prisoner had the key of it, and open'd it himself. The things mentioned were taken out of it, which Mr. Underhill said were his property.
Prisoner's defence. I am innocent of taking any thing of my master's.
To his Character.
William Gaul . I have known him 6 years and upwards; he is an honest faithful servant. I have known him to be trusted with hundreds of pounds, when he lived with captain Fowler and my lord Bristol; he always had a universal good character.
Thomas Bestern . I have known him from the year forty-two. He had the charge of Mr. Murray's plate, who was chaplain to the carl of Stairs. I have heard Mr. Murray say he was the honestest servant he had about the house.
James Wead . I have known him from the year forty two; he always bore a good character, and behaved with decency and sobriety. I knew him when he lived with Mr. Murry, Capt. Fowler, Mr. Plunket, and my lord Bristol; he always bore a good character where ever he lived.
187, 188, 189. (M.) Esther Taylor was indicted for stealing one lawn apron, value 5 s. three linen caps, two yards of lace, one doll's muslin apron. one quarter of a yard of holland, one ticken pocket, one towel, 5 iron keys, 20 gallons of gin, value 3 l. and 20 gallons of strong beer , the goods of Edward Mason ; and Hannah Wyate and Elizabeth Elmes for receiving the same, well knowing them to have been stolen , March 1 . ++
Edward Mason . I live at the Duke of Marlborough's Head by Shadwell-Church , a publick house. The prisoner, Taylor, was my servant . I missed liquors at divers times, and other things. I suspected her by our finding a bunch of keys in her bed, under her head. We examined her, and she confessed that she had missed no opportunity of robbing me since she had lived with me, and mentioned things that I did not know of then. She signed her confession before the justice. I saw her and the justice sign it. It was read to this purport.
'' The said Esther Taylor maketh oath and faith, '' that some time before Christmas last she did feloniously '' steal, take, and carry away from out of '' her master's dwelling-house one lawn apron, value '' 5 s. two ribbons, value 6 d. one prayer-book, '' value 6 d. two yards and 3-qrs of lace, value 6 d. '' three womens caps, value 6 d. an old work'd '' border; and one towel, the goods of her master; '' and about the 20th of December she at divers '' times did steal and take away out of her master's '' house one bottle of gin, the property of her master. '' And further faith, on the 19th of March she '' had laid under her head a bunch of keys that '' would open the places where her said master kept '' his liquor; and that she had taken of liquor upwards '' of 100 gallons, besides candles and other '' things; and had committed divers other robberies '' and felonies in her master's house, in the '' commission of which her memory greatly fails '' her.''
Q. Do you know any thing against the other two prisoners?
M. Mason. No, nothing but what Taylor confessed.
Q. to E. Mason. Do you of your own knowledge know any thing against the other prisoners?
E. Mason. No, nothing but what Taylor has said.
Taylor's defence. The other prisoners used to ask me to give them liquor at all opportunities.
Wyate and Elmes declared they knew nothing of what they were charged with.
Taylor Guilty .
Wyate and Elmes Acquitted .
Q. Where did you lose them from?
M. Eaton. From out of my trunk at my lodging in Shug-Lane . I had lived servant where the prisoner did. When I came away he used to come to my lodgings to see me. I suspecting him, took him up on suspicion, and carried him before justice Wright, and charged him with taking of them; he then own'd he took them from my lodgings, and said they were pawn'd in Copeland-Street. I went with the constable thither, and there we found them
Q. from prisoner. Did not you give me liberty to take the cloaths? You know I lived with you as my wife, we cohabited together.
M. Eaton. No, I never did. He took the room, and told the people that he had a wife. I was but a week and four days in the house. I did not live with him in a criminal way. I never said I was married to him, he never call'd me his wife when I was by, in his life; he used to come when he pleased into the room.
I lived with the prosecutrix in Shug-Lane; she went for my wife, and gave me leave to pawn these things.
For the prisoner.
John Edler . I live in Shug-Lane. The prisoner came first to my house to take the lodging; my wife ask'd him if he had got a wife; he said he had; she then said she must see her; so he went and fetch'd the prosecutrix, and they took the lodgings together, and lived there about seven days.
Q. Did they lie together ?
192. (M.) John Benton was indicted for stealing two stuff gowns, value 4 s. the property of Isabelia Wishart , spinster ; and one linen gown , the property of Margaret Davis , spinster , April 12 . ++
Matthias Jacobs Berkenhout . On the 23d of April, coming under Aldgate , between the hours of four and five, the prisoner came near me. I felt him at my pocket. I turn'd about and saw him convey my handkerchief under his coat. He was secured, and my handkerchief found upon him; but as I put it out of my pocket at home, and having other of the same pattern; I can't swear which is it. The prisoner said a boy gave it to him.
Q. When did you see it last?
Berkenhout. I had it in my hand but about a minute before.
Another lad took the handkerchief out of the gentleman's pocket, and gave it to me; he was clear'd here last sessions.
Ann Alcock . I live in Shoreditch , and keep a linen draper's shop; my windows were broke, and the goods mentioned in the indictment taken away, on the 20th of March, about seven o'clock in the evening. The goods were drop'd in the street, and they and the prisoner were brought back to my shop.
Joseph Tatertop . I live almost facing Mrs. Alcock. I was standing at my door between seven and eight o'clock to the best of my knowledge, on the 20th of March. I saw a parcel of boys run across the way, and heard some glass break. I saw Mrs. Alcock's young man open her door, and then a man darted over the way to me; he had something white in his hand; as he ran, it drew after him, and he drop'd it in the channel. After he had got about half a dozen yards from me, he turn'd about, and walked gently by me; and when he had past me about half a score yards, there was a cry of stop thief. I said that was the man, and pointed to him, upon which they took him.
Q. Was any thing found upon him?
John Law . I am servant to Mrs. Alcock. I heard the window break at that time. I ran forwards, and saw a man take out some printed linen through the square that was broke; the handkerchiefs, that lay on the piece, drop'd in the pathway; the man ran cross the street, and I after him: and when I had got almost to him, near the channel, he drop'd the printed linen; I took it up and brought it back, and then ran back again and call'd out stop thief. Then Mr. Taterton pointed, and said that is the man, and I went and took him.
Law. This piece of linen I pick'd up in the middle of the street.
Wimesley. These goods I had deliver'd into my care, before justice Withers, where the prosecutrix swore to them as her property.
I know no more of the things than the child unborn. I can earn money enough to maintain my family, without doing any such things as these.
196, 197. (L.) William Wells was indicted, for that he, together with George Barker, not yet taken, did steal 5 kersey jackets, value 15 s. and three pair of kersey drawers, value 3 s. the goods of Joseph Bradley ; and Alexander Abrahams , for receiving the same, well knowing them to have been stolen . Feb. 7 . ++
Joseph Bradley . I keep a sale shop in Chick-lane . On Saturday the 7th of February, about 6 in the evening, I went out of my shop for about a minute, and when I returned I missed 5 jackets and 3 pair of drawers. I know not who took them; they stood me in 1 l. 8 s. 6 d.
W illiam Richardson. About six o'clock, on the 7th of February, Wells and I were going down Chick-lane, where there was a shop door open, and nobody in it. Wells went in and brought out a jacket, and deliver'd it to me; he went in again, and brought out 4 jackets and 3 pair of drawers, and we went and sold them to Alexander Abrahams for 8 s. who knew we had stole them, and wish'd us good luck, saying he hoped to deal with us again.
Wells said nothing in his defence.
Israel Jacobs. He lodged with me a year and an half, and behaved well; he used to sell pickles and anchovies. I know nothing of him for this last year and a half
Both Acquitted .
198. John Venters was indicted for stealing one copper vessel. value 40 s. one leaden sink value 3 l. and one iron grate, value 40 s. the goods of Mary Roberts . It was laid over again for stealing the said goods, the property of John Snell , Esq ; to which he pleaded Guilty .
He had another indictment prefer'd against him for stealing goods to the value of 200 l. but it being laid as a high felony, he was not tried upon that.
199. (L.) Sarah Mohan , spinster , was indicted for stealing two aprons, two caps, one pair of rushes, one gause handkerchief, two other handkerchiefs, and one stomacher , the goods of Mary Fox , spinster , Feb. 9 . ||
200, 201. (M.) Charles Cane and Thomas Williams were indicted for that they, together with William Roberts, not taken, did steal 20 pair of worstead stockings, value 40 s. one worstead waistcoat piece, value 9 s. one silk capuchine, and two yards and half of lawn, the goods of Clare Reeve , in his dwelling house , Feb. 21 .*
Clare Reeve. I keep a haberdasher's shop ; on the 21st of February, a little after 6 in the evening, I was in my house, at which time the goods mentioned in the indictment were taken out of my shop.
Q. What part of the shop did they lie in?
Reeve. The lawn and 3 pair of stockings were at one of the windows; and the waistcoat piece, capuchine, and many stockings at the other window I lost all the stockings at that window, except one single stocking.
Q. What time did you miss them ?
Reeve. I missed them in about 3 minutes after. I had just come into the shop, shut the door, and gone backwards. I looked, and saw the shop door open. I went in, and missed the things. About an hour after I went to justice Fielding, and told him the affair, who had some suspicion of the prisoner Cane being at the head of it, and he desired me to seek for him, and bring him before him; directing me to enquire in Chick-Lane of people that bought stolen goods, to see if I could find mine. I went but found none of mine. I had a man with me who had some knowledge of Cane, so we went in search of him, and found him at the One-Tun in George Alley. Cane went out of the tap room into a little parlour, and made his escape over a wall. I went and told justice Fielding we had seen him, and how he got from us, who order'd his men to be diligent in searching for him; and they took him and Williams in a day or two afterwards. They were brought chither, and I was sent for; but they confessed nothing and they were set at liberty. Then Cole and Roberts were suspected to be the people that rob'd me. Some time after this a man belonging to New-Prison came into my shop, and ask'd me if I had been rob'd. I said yes, and told him in what manner. Then he told me he thought if Cole could be taken he would squeak. He was soon taken and discover'd the rest, and it here to give evidence. The 2 prisoners were
Q. Did he say of what ?
Reeve. I had mention'd the goods. He said of the goods I had lost. Justice Welch wrote an order for Cane to be brought before him, after Cole was taken. I went with the messenger to Bridewell. Cane there discover'd the taking our stockings, the lawn, and other things which I had lost. He said there were 10 pair of stockings and an odd one.
Q. What might these goods be worth ?
Reeve. They lay me in 5 l. and upwards.
Q. Did Williams confess any thing ?
Reeve. Williams confessed at the Bear in Bow-Street, that he was concern'd in the robbery with Cane and Cole. I ask'd him the particulars, and he acknowledg'd every thing.
Q. Did he give you an account of the manner in which it was done?
Reeve. No, he did not.
William Cole . Charles Cane , Thomas Williams , William Roberts and I, were all coming along Theobalds-Row together, and saw the prosecutor's shop without a light in it. Cane went in, and took out a capuchine, and a parcel of stockings; then Roberts and Williams went in, and took out some lawn and other things. I stood by the step of the door, and took them of them. There were 19 pair of stockings and an odd one, a capuchin, a piece of lawn, and a black piece of stuff to make a waistcoat. We carried them into George Alley, and look'd them over; then we went to Alexander the Jew, and sold them to him.
Q. Where does he live?
Cole. In Hounsditch.
Q. What did he give you for them ?
Cole. We sold the stockings for 18 pence per pair, the capuchine for 9 shillings, the piece of lawn for half a crown, and the waistcoat piece for half a crown. I was taken up, and the justice made me evidence, because I was the first that confessed. Cane was taken before justice St. Lawrence.
The prisoners had nothing to say in their defence.
Both Guilty 39 s.
(M.) Charles Cane was a second time indicted, for that he, together with William Roberts , not taken did steal 24 pair of silk stockings, value 15 l. the goods of Thomas Tolley , in the shop of the said Thomas, Feb. 5 .
Thomas Tolley. On the 5th of February, about five in the evening, I had just been selling a pair of silk stockings, and not having time to tie the rest up, I put a string about them, and laid them at the end of the counter; this was on a Thursday. We did not miss them till the Saturday following, when I went round amongst the pawnbrokers, but could not find them. I went and told justice Fielding the case, who advised me to put it in the papers, with five guineas reward, which I did. When Cane and Williams were taken up, justice Fielding sent for me. I went, but they would not own any thing of taking the stockings. I proffer'd Cane, that if he was concern'd, and would own it, I would get him to be admitted an evidence if possible, and likewise give him two guineas. He would not own any thing of it, so they were discharged. After this, Cole was taken, who directly own'd the thing, and said Cane and Roberts were concerned with him in taking them, before justice Fielding and justice Welch. Then Cane and Williams were taken up again, and I went to Cane in Tothillfields bridewell, where he told me he put several pair into his breeches, and gave the rest to his companions, which were two dozen, and that he himself took them out of my shop.
Q. Did he say how many pair he put into his breeches ?
Tolley. No, he did not. He said he fill'd his breeches as full as he could. I missed 8 or 9 pair more than the 2 dozen.
Q. Did he say from what part of the counter he took them?
Tolley. He said he took them from the farther end of the counter.
Q. Did he say what was done with them?
Q. What were they worth?
Tolley. Some cost me 15 shillings per pair out of my pocket. The cheapest cost me above 10 shillings.
Q. Did you ever find them again?
Tolley. No, I never did. I search'd the Jew's apartment and was told he was gone into the country, selling of goods.
Prisoner. He has swore to more goods by half than ever he lost.
Tolley. There were 3 other witnesses that heard his confession, but I did not think there would be any occasion for them here.
Q. How came he to go into the shop ?
Cole. Because there was nobody in it.
Q. Was the door open ?
Cole. It was.
Q. What time of the day was it?
Cole. It was between 6 and 7 in the evening.
Q. How many pair of stockings did he take ?
Cole. I know of no more than 24 pair.
Q. What sort of stockings were they?
Q. What did you do with them?
The prisoner had nothing to say in his defence.
Guilty . Death .
[See him an evidence against West and Pryer, No. 179 and 180, in alderman Jansien's mayoralty, and also against Banks, No. 80, in this mayoralty.]
202. (M.) Thomas Williams was a second time indicted for stealing 5 silk handkerchiefs, value 12 s. and 2 cotton handkerchiefs, value 2 s. the goods of Elizabeth Wagstaff , spinster , and Mary wife of Henry Powel , for receiving the said goods, well knowing them to be stolen , March 5 . ||
Q. What shop do you keep ?
E. Wagstaff. I keep a haberdasher's shop. I missed the things mentioned in the indictment the minute they were gone out. Cane staid longer in the shop than the other did. Upon missing the goods I pursued, and Cane was taken; the other was out of fight, so got off.
Q. Did you see them take any thing?
E. Wagstaff. I saw the other person (not Cane) sambling at his breeches, and I mistrusted him. Then he pull'd out his own handkerchief, and I took no other notice of him. Cole the evidence was taken up that same night. I never found the handkerchiefs again.
Cole. I can't tell the day of the month; we took out 7 handkerchiefs, 5 silk and 2 cotton ones.
Q. Who took them?
Cole. Williams did; he brought them out in his breeches. We went out a little before Cane.
Q. What did you do with them?
Cole. We sold four of them to Mrs. Powel at the bar.
Both Acquitted .
Elizabeth Williams. I keep a warehouse for capuchines, bonnet, cloaks, and several other articles, in St. Martin's Court . On the 13th of February last I lost 16 yards of black sattin out of my shop, but know not who took it.
Sarah Creamer . I lived with Mrs. Williams at the time. On the 13th of February last I was at work behind the counter, when two men came in, a tall one and a short one. [Note, The prisoner and the evidence were such, the prisoner the tallest.] I believe the prisoner is the man that asked me to shew him some ribband. I arose up from behind the counter to shew him some. They bought none, but assoon as they were gone out of the shop I missed a piece of sattin, of about 10 yards, which when they came in lay on the counter before me. I acquainted the prosecutrix's brother of it, and what sort of men had been there, but we never heard any more of it.
Sarah Monkford . I can only say there were two such men came into the shop, to buy ribbands, on the 13th of February, and that the prisoner at the bar was one of them, for he looked earnestly at me, and I particularly observed him, and also saw the sattin on the counter a very little time before they came in, but I went out of the shop before they did.
Q. from the prisoner. What was the reason she would not swear to me before the justice?
S. Monkford. It was Sarah Creamer that would not swear to him, I did.
Q. Who took it?
Cole. I took it.
Q. When did you take it ?
Cole. There were 16 yard, of it.
Q. What did you do with it ?
Q. What did you do with the money ?
Cole. We shared the money equally. We thought we had a bad price for it; and as we came back we call'd in at another shop to cheapen some, after that we thought we had a pretty good price for it, the people having ask'd a crown a yard for some.
Cole. He fells things about the country. I had sold things to him before; and he told us if we had any thing to fell, he would buy it, be it what it would.
Prisoner. He swore before justice Welch that the prosecutrix was in the shop when it was taken.
Cole. I did not swear so.
Q. to Prosecutrix. Did you hear Cole swear that you was in the shop at the time ?
Prosecutrix. He did not swear I was.
Q. to Cole. How long have you known the prisoner ?
Cole. I have known him a year; he is the very man that went into the shop with me.
Prisoner. He is a very great villain; he will say any thing to save his own life.
Guilty 4 s. 10 d .
John Maddin. I keep a sale shop at the end of the Minories . On the 21st of April I had a coat lying on a chest in the middle of my shop; and it was missing between one and two o'clock in the day. I did not see it taken; but the prisoner and that were brought into my shop. I took her before an alderman at Guildhall, and there swore to my coat. She said she took it in order to go and tell it for my wife.
Q. Was the prisoner your servant ?
Maddin. No, there was not. I never saw her before to my knowledge.
Dorothy Maddin . I was in my yard, but on turning my head about, I saw the prisoner going out of my shop. I ran after her, and said, mistress what have you been doing in my shop? She said she was going to sell the coat for me to a man.
Q. Did you see her come into the shop ?
D. Maddin. No, I did not; I never saw her before to my knowledge. I brought her back. She had got another coat with her, but it was not mine. I stop'd her till my husband came home, and he got an officer, and secured her.
Mary Lloyd . I live opposite to the prosecutor. I saw the prisoner come out at his door with a coat, but did not see her take it. Mrs. Maddin came out and ask'd her what she had been doing. She said she was going to sell the coat for her; and I heard her say before the alderman she did not intend to steal the coat, but was going to sell into a man that was gone down the lane; at another time she said some body in the shop had told her the price of the coat.
Prisoner's defence. I came to buy that coat for my husband, with some stockings and shirts, for he is going to Gibrakar; I had bought one before of a Jew; and I went to the door to call a friend to look at this in the light because the shop was dark.
205, 206. (L.) William Pool , and Mary wife of Thomas Russel , were indicted for stealing three 36 s. pieces, five guineas, six half guineas, and seventeen shillings, in money number'd , the money of Elizabeth Clare , widow , April 25 .
The prosecutrix not appearing, they were both Acquitted .
William Ireland. I had some oxen sent me to sell from out of the country, the property of William Hickby , on the 29th of February; and on the next morning about six o'clock, my servant, William Jefferson , told me there was one missing. He went about and found it near Swan-Alley, at the house of Mr. Gordon, a slaughterman. I went and saw it. We took up the prisoner, and carried him before justice Fielding. I told the justice I lost the bullock from out of Smithfield . The prisoner there said he brought the bullock through Islington turnpike, and that one Eakins, a west-country man, gave him 18 l. to drive it to the slaughter house, to have it kill'd.
William Weston . I brought the bullock from out of the country, and deliver'd it with others to Mr. Ireland, on Sunday night the 29th of February, in Smithfield; it was marked upon the rump, and two clips on the thigh under the off-seat; the first is Mr. Ireland's mark, the other the grasier's. It was lost; and after it was found I went to the slaughter-house and saw it; it was a black ox with a little white on its tail.
Thomas Gordon . On the 28th of February last the prisoner came to my house, and said he had got a cow to kill, and that he would bring her on the morrow about eleven or twelve o'clock; but on the Monday morning following, between five and six o'clock, he brought this bullock (it was a black bullock with a little white on the tip of the tail, two clips under the teat on the thigh, and one upon the rump ) he desired me to kill it directly, to cleave it down, and then quarter and weigh it, for there was a great wager laid about it; he said he must make haste to Smithfield, and went away. Upon seeing no country mark upon it, I mistrusted it was not honestly come by, and went to Smithfield to enquire if any body had lost a bullock, when Mr. Ireland said he had. Mr. Jefferson went with me, and said it was the bullock he had lost. The prisoner having said he would come soon to see it weigh'd, Mr. Jefferson staid, and in about a quarter of an hour after the prisoner came. He said, have you kill'd the bullock? I said, no. He said how long will it be first? I said stay a little, and took hold of him. Then we asked him how he came by that bullock, and he said another man hired him for 1 s. 6 d. to bring it to me to be kill'd. We took him before the justice, and there he said he brought it through Islington turnpike that morning between five and six o'clock.
Prisoner's defence. I sent for a man and a woman that saw me bargain to bring the bullock through the turnpike to the slaughter-house; but they are not here. I thought my trial would not come on till Friday. The bullock was to have been killed for a wager, which one John Eakins laid about the weight of him.
Guilty . Death .
210, 211. (L.) Agnes wife of Walter Kirby , and Mary wife of Abraham Hardis , were indicted for stealing 6 yards of lawn, value 30 s. two yards and a half of other lawn, and two yards and a quarter of chints, the goods of Francis Williams , in the shop of the said Francis, April 22.*
Both Acquitted .
212. (L.) Alexander Abrahams was indicted for receiving 24 pair of worstead stockings, 1 worstead waistcoat piece, 1 silk capuchine, and 2 yards and a half of lawn, well knowing them to have been stolen by Charles Cane , the goods of Clare Reeve , Feb. 21 . ++
Then William Richardson was called, who deposed he had been at Abraham's lodgings, when Cole, Cane, and Williams were there; also that he had seen him with them at the house of Mr. Harvest, at the One Tun in George-Alley, bargaining for goods.
213, 214. (M.) William Watts , and James Shilock , were indicted , for that they, on the 13th of March, about the hour of 9 in the night, the dwelling house of Alice Jones , widow , did break and enter, and steal out thence 8 silk handkerchiefs, value 8 s. the goods of the said Alice. *
Alice Jones. I keep a slop shop at the lower end of Wapping . My shop was rob'd of 8 silk handkerchiefs, but I knew not the persons till the prisoners were taken up. Shilock was brought to me by three officers, and told me he had rob'd my shop about a week before, along with some of his conforts. I asked him how he did it. He said he drew out a window shutter (shewing me how) then put in a hook at a broken glass, and took out 8 silk handkerchiefs in one piece, and sold them for 6 d. each. I went with them before the justice, where I heard his confession again, and saw him sign it.
Q. Did he say he broke the glass ?
A. Jones. I believe the glass was broke before. The prisoner Watts was examined also; I heard him confess he was by when Shilock took the things out.
'' The voluntary confession of William Watts , '' taken before me, &c. on the 24th of March, 1756. '' who faith, that about a month ago he got acquainted '' with Shilock at the Glass-house, and '' that last Saturday was three weeks they went together '' to a shop opposite Field-gate, White-chapel, '' and got out of the window two pieces of '' cheque, containing about 20 yards, by taking a '' crack'd piece of glass out of the window, which '' they had sold in Rag-fair; that from time to '' time they had daily gone together on London-Bridge, '' picking of pockets; and on Saturday '' the 13th instant, about 8 or 9 o'clock, they took '' out of a window in Whitechapel 7 silk handkerchiefs, '' that they sold some to Plump for 22 d, '' and others they sold to Elizabeth Allen and Elizabeth '' Dolison; that on Thursday the 16th instant, '' about 8 o'clock, they went into Wapping, '' in company with one Arthur, and pull'd back a '' window shutter belonging to a shop near King '' Edward's stairs, and took out 8 silk handkerchiefs; '' that on Friday the 19th they committed another '' robbery, and on the 22d they committed that at '' Mrs. Griffith's. Sign'd by the mark of Watts''
A memorandum was then read, wherein Shilock says, '' The above confession being read to me, I do '' acknowledge the several facts therein mention'd '' to be true, except that near the Field-gate, White-Chapel. '' Witness my hand (the mark of) James '' Shilock, March 24, 1756.
Watts's defence. The constables took Shilock out of the watch-house and put a thing on his thumbs, which squeez'd them till the blood flew out of them, to make him confess; and they gave him liquor and made him fuddled, and then told him they wou'd bring somebody to swear his life away if he did not confess.
Shilock's defence. They kept me above an hour with the thing on me, and ask'd me if I'd have some gin, but I refused it.
Both Guilty .
[For Watts see the trial of Boswell, No. 73, in this Mayoralty.]
216. (M.) Luke Devenport was indicted for stealing 1 wooden plough, and irons to the same, value 2 s. one tennant saw, value 1 s. 6 d. and 1 carpenter's stock , the goods of Robert Hammersly , March 30 . +
217. William Jones was indicted for stealing 5 silver tea spoons, value 5 s. two silver dessart spoons, 2 cambrick handkerchiefs, 2 muslin neckcloths, and 1 diaper napkin, the goods of Sir John Wyn , bart. one cambrick handkerchief, the property of Thomas Wyn , Esq ; and 1 muslin neckcloth , the property of George Brown , March 21 .
To which he pleaded Guilty .
John Brown. I am butler to Sir John Wyn . William Jones (who stole these goods) confessed he sold them to the prisoner; (they were Sir John Wyn 's property.) I went to his house, and ask'd for him. His wife was out. She came in, and the prisoner said he thought that the boy came honestly by them. She went and took the things out of a chest; he was in the room at the time she delivered them to me. I think he said he gave half a crown for the dessart spoons, and 8 d. and 6 d. a piece for the others.
Q. What are they worth each?
Brown. The dessart spoons are worth about 6 s. each, and the others about 18 d. each.
Q. Did he make a demand of any money?
Brown. No, he did not. The boy was there at the time. He said the first thing he brought there was in order to buy a pair of buckles. The prisoner is a shoe-maker, or cobler; his wife keeps a cutler's shop, and sells buckles and sticks. The boy and he were examin'd before the justice, where the boy confessed the stealing and he the buying of the things.
Q. Did he say he knew them to be stolen?
Brown. No, he did not.
Stephen Scott . I am a constable, and had a warrant to go and search the prisoner's house. I went to his stall where he works, and then to his house. His wife was in the yard, and all of a tremble. I said, we must have the things; she was very timorous in bringing them out at first, and fetched some of them by degrees. The children had some of the handkerchiefs about their necks.
Q. Was the man present?
Stephen Scott . He was, but laid it almost all to the woman. I believe he might say he bought the teaspoons, and ask'd the boy how he came by them; who told him his master's son was very unlucky, and he gave him them to make money for him.
For the prisoner.
Mr. Showel. I live over-against him. I would have trusted him with 500 l. I have observed him working from five in the morning till eleven at night. He has a large family, and is an honest, industrious man.
Mr. Beater. I have known him two years; he is an honest, industrious man.
Alexander Parker. I have known him two years and a half; if there is an honest man in the court, I believe he is one.
Richard Fleet. I have known him between four and five years; he has a very good character; he is my shoe-maker, and always did me justice.
William Neither , privately from his person , Mar. 7 . +
Q. What are you?
Q. What did they say to you?
Neither. Dey said I shall treat dem wit some thing; so ve make agreement, and vent togeder on de bet.
Q. Did you go with them by consent?
Neither. I dit; dey perswade me so much to go a oaring.
Q. What happen'd there?
Neither. Ve vent on pair stairs, and on a bet; at de sam time I vas vit her on de bet she pick my poket. I never saw my vach since.
Q. How do you know that she pick'd your pocket ?
John Baslin . I am a constable. I was charged with the two women at the bar. The prosecutor said they had rob'd him in Harrow Alley; they acknowledged he had been in that house with them. It is a house of very bad character.
Both Acquitted .
Mrs. Colier. On the 9th of February the prisoner brought this silver cream pot (producing one) to my house, to pawn. I said if she would bring me another piece of plate with the same arms, if it was but a tea-spoon, she should have it again; or else I should stop it; that she said she could easily do. Then she said, don't you know me? I said, I have seen you before, but you will give me leave to stop it. It being too late in the evening, when it came into my hand, to put it into the Daily-Advertiser; I said to her, I shall put you to two shillings expence; she said she did not care if it was six. She said, do you know Mr. Jennings the sadler? I said, yes, he is a very honest man, and if he comes and says it is your's, you shall have it again. Two days after my lady Milbank advertised it. I sent word, and my lady's servant came and brought a tea pot with the same arms on it; and I deliver'd it to him.
Q. Where did you find the prisoner again?
M. Colier. She was taken up for another offence.
Robert Brown . I am servant to my lady Milbank. On the 9th of February this pot was taken out of our house, with four tea spoons and a pair of sugar tongs, my lady's property. There was a woman on that day came and enquired for Mrs. Green. I order'd her to go down into her room, which she did, and Mrs. Green came to her. I took but little notice of her, and can't be sure that the prisoner is the woman. When she went out, she said it is most sad weather. About an hour after the footman came, and said the things were taken away. When the prisoner was before the justice she denied being the person.
Ann Green. I believe the prisoner to be the person that came to my lady Milbank's; but she is differently dressed to what she was then.
Q. Had you ever seen her before?
A. Green. I had, three or four times, when she came from Mrs. Brown's with messages to me; and I have seen her there. On the 9th of February, about two o'clock, I was call'd down from my lady's dressing room by the last witness to her, I verily believe. She said she came from Mrs. Brown, to measure a hoop of my lady's, which Mrs. Brown had made, saying a lady was to have one made in the same manner. I told her to go into my room. I believe the cream pot was there then, but I had not the care of it. Then I went up stairs and brought the hoop down, and she measured it; after that, she desired to see a smaller hoop; I went up again, and sent one down by my lady's chamber maid, but she returned, and said there was no woman there. In about an hour after the footman came and ask'd me if I knew where the cream pot was; then, as the woman went away without her errand, I mistrusted she had taken it; then I sent to Mrs. Brown's, and her servant came and let me know she had been discharged from her service about thirteen or fourteen months, and that she was a very idle person. The prisoner own'd before the justice, that she had seen me when she lived with Mrs. Brown.
Prisoner. I know nothing of what is laid to my charge.
Mr. Dowdesly. Before I came up to London in last December, Mr. Buckle desir'd me to obtain the purchase of a commission for his son, and to assist him in it. Accordingly I came to town, and proceeded in the purchase of a commission in my lord Albemarle's dragoons. The father return'd the money to me to purchase it, and to fit his son out. The commission was bought, and he was sent up to London. Accordingly to his father's desire, I took him a lodging in my neighbourhood at the prisoner Venables's house, as I always intended he should make my house his home. I live in Conduit street, and Venables lives in Pauling-street, near Madox-street.
Mary Main . I know the prisoner at the bar. I lodge near his house, on the same side of the way, and Mrs. Venables at the time this accident happened lay with me, on account of a terrible quarrel her husband and she had the Sunday was sennight before, which was owing to a frank that she had given away. She and her husband had half a dozen each, and she gave away one of his instead of her own. On Wednesday the 21st of April she got up in the morning, and said she was going into the city to Mr. Legalee's a cork merchant, with whom her husband traded, to get an execution in favour of her against her husband. She said he beat her so often she never could live with him, and this was to secure him, and put another man in possession of the goods. She left our house about 9 in the morning, and between 7 and 8 in the evening Mr. Buckle sent Mr. Venables's eldest son to our house, for me to go and make his bed. I ask'd the child whether his father or mother were at home. He said, no; I believe it might be then about a quarter before 8. I had been washing all day, and was starching my cloaths. I sent my duty to him, and said I would come as soon as I had wash'd my hands, and went in about 4 minutes after. Mr. Buckle let me in, and I went to making his bed directly. He had pull'd of his regimentals, had put on a plain suit of cloaths, and was putting his regimentals away. When he had done, he sat down in a chair. At the same time a young man brought a pot of beer from the Black Lion, which I found he had order'd before I went in. The little boy took it of the drawer and gave it to Mr. Buckle, and he return'd the money; to the drawer never came into the room. It was set upon a mahogany table that stood by the fire, and he sat down by it. Mr. Buckle used to sup there, and ask'd me if I knew where Mrs. Venables was. I told him she acquainted us at breakfast time, that she would go to Mr. Legalee's to get the execution put in force against her husband. He said Mr. Venables had inform'd him he had an arrest or write sent him in the morning, and he said rather than he should suffer he would pay the 15 l. for him. And he also said she ask'd him to lend her some money in the morning, and he said he wou'd not without asking her husband's leave; which he did, and he bid him lend her half a crown, but he pull'd out 4 s. and gave it her.
Q. Was that for lodging or was it lent ?
M. Main. That I can't say indeed; he said he never lent her any before. By this time I had made his bed, and he then desir'd me to drink. I refused, and said I did not chuse to drink between meals. He said he had sent for it on purpose, so I did drink two or three times. He desir'd me to sit down. I said, Mrs. Ward (where I liv'd) was very ill, and I must go home and put the children to bed, but if he wanted any thing for supper I'd come over again and do it. He ask'd me if I could come in ten minutes. I said I could not promise in just ten minutes time, but as soon as ever I had done I'd come again. He made a scruple whether I would come or not, and said, will you come again? I said, yes to be sure I will. Then he said he would consider what to have for supper. He desired me to come again two or three times, and said he would have new cheese and bread and butter and radishes. This he said in the passage, when he let me out. He had the candle in his hand at the time, and ask'd me again on the step of the door. I said, yes Sir, and went home; I believe it was about twenty minutes past eight. As soon as I went in, I saw Mrs. Venables was come back, sitting by the table with a handkerchief on her arm, with some flounders which she said she had brought from Billingsgate. She ask'd me where I had been. I said, to make Mr. Buckle's bed. She gave herself a turn, and said, she supposed I had been kissing and mousting with the captain. I gave her a look in an angry way, and ask'd her what she meant by that, and she ask'd me in a laughing way what he gave me. I told her he had sent for a pot of beer before I went in, and I had drank twice of it, and that I was to go again as soon as I could, to get him some supper. She said she would go and drink some of the beer, and do what he had to do
Q. Did she bid you call her when they were ready ?
M. Main. No; I put some water on the fire to boil the fish, and staid till a quarter before ten. I then went and knock'd at Mr. Venables's door, wondering at her staying so long, for she had never staid so long there before, since her husband and she had quarrel'd. I judged her husband was not at home, that she was sitting with the captain, and that he being at supper might ask her to eat and drink with him. I knock'd twice at the door, and nobody coming to answer me, I went home, took the water off the fire, and eat a bit of cold sparib for my supper. Just as the watch went eleven I went again, and knock'd at the door, when I saw a light in the dining-room, but could not tell who was there. Seeing the light move, I look'd through the key-hole, and saw Mr. Venables coming down stairs with a candle in his hand. Not expecting to see him, I had a little terror upon me, but did not go away; so he open'd the door, and spoke to me.
Q. What was the cause of that terror you mention'd?
M. Main. Because she had told me such a character of him, as a villain, blood thirsty man, and the like. He asked me what I wanted, and I told him I wanted Mrs. Venables to come to bed. He said she was not up stairs, nor in the house, by G - d; those were his words. He then asked me when I saw her. I told him she went from our house about nine in the morning, was at home again before eight, and went out about half an hour after. He then desired I would go to the Black-Lion, and ask for her. I went, and they told me she was not there, nor had been there all day. He staid at the door with a candle in his hand till I came back, which was I believe in about four minutes. He asked me if she was there. I said no, neither had she been there all that day. Then he made use of this expression, '' She is a vile good for nothing woman,'' or to that purpose; he d - 'd her, and said she had been contriving mischief against him some time, and he believed she had been that day to have the execution brought. I bid him good night, and he wish'd me the same. He then went in, and lock'd and bolted the door.
Q. Did you perceive any thing of his being in a passion?
M. Main. He was all of a tremble; his hands and head shew'd him to be in a great passion. I went home directly after I heard the flip lock and bolt go, and sat myself down by the fire-side to wait for her, for she knew Mrs. Ward's time to go to bed was at eleven o'clock; and as near as I can guess it might then be about a quarter of an hour after, when I heard a terrible noise in the street, which I knew to be Mr. Venables's tongue. I jump'd up, ran out at the door directly, and saw him stand at his door with his wife's stays in his hands. He held them up with both hands, having hold on the two strings that come over the shoulder, and swore he had catch'd the b - h in bed with the gentleman, in the fact. I saw Mr. Buckle come down the steps from the door, with his shirt all bloody, at the time; he was only in his shirt and night-cap, and his hands were like pressing one another on the place where he was cut cross the belly.
Q. Did the prisoner say where he found the stays?
M. Main. He said he found them in the captain's room, but did not say where abouts. I knowing it was the captain, call'd to Mr. Venables and said what have you done, the captain is all over blood. He said, let him go, let him go.
Q. Did the captain hear this?
M. Main. I believe he did; the captain came to our door, we had a lamp there, and he made a full stop. I said, pray captain Buckle step in here; he stood still, and said, No, no, I am undone, I am a dead man. Venables kept swearing all the while at his door. The captain went about a yard and a half from our door, and turn'd himself about. I thought he was giddy, and ask'd him to come in again. Then he went into Madox-street. The next of my seeing him was about twenty yards from the corner, down on the pav'd-stones. I ran to see him, and saw what a condition he was in. There were about half a dozen people with him then. Having left our door open, I return'd back, and saw the stays were laid by a stable door that joins to our house. Mr. Venables made off, and I went and pick'd up the stays.
The Second Part of these Proceedings will be published in a few Days.
In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER IV. PART II. for the YEAR 1756. Being the Fourth SESSIONS in the MAYORALTY of The Right Honble SLINGSBY BETHELL, Esq; LORD-MAYOR of the CITY of LONDON.
Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street, 1756.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.
Q. DID you hear Mr. Buck'e say any thing after he was on the ground ?
M. Main. No, I did not, but he groan'd terribly; I only staid with him about three minutes.
Q. Was it usual with Venables to have two keys to his door?
M. Main. They had each of them one.
Q. Did you tell him she was come to the captain ?
M. Main. I did; to do what he had got to do.
Q. Are you sure they were Mrs. Venables's stays?
M. Main. I knew them, I laced them on her that morning.
Q. Had she the stays on when she went over to to the captain?
M. Main. She had. [ She said afterwards she had unlaced them in the garret, because they had hurt her in walking.]
Joyce Dower . I rem ember the time this unhappy accident happen'd; first of all I heard a groaning, about twenty minutes after eleven o'clock; I live in Madox-Street. I went down stairs, and had no light; there were two gentlemen on the farther side the deceased, who was sitting in his shirt very bloody, with his two hands cross each other; a gentlemen stoop'd down, and ask'd him if he had been a be; with Mr. Venables's wife, and he said no; who that gentleman was, I do not know. Then the gentleman said, who did this? he answered, Venables, Venables.
Q. At the time he said this, did he appear to be in his senses?
Dower. He did I think.
Q. What do you imagine was the reason for asking him if he had been a bad with Venables's wife?
J. Dower. I can't say; there were other people by. I don't know what his motives were; I can't say whether the gentleman might have any conversation with him before I came.
John Quinee . I saw Mr. Buckle in the street, when this unhappy accident happen'd. I asked him who wounded him; he said, Venables; another gentleman said, was you in bed with his wife? he said, no, and seem'd to be sensible; this was about half an hour after eleven.
Thomas Hall. I saw Mr. Buckle after this accident happen'd; a gentleman stoop'd down, and ask'd who did it; he said, Venables; I can't say I heard any other questions put to him. I came to the end of Pauling Street, and heard a middle age person say with a great oath. G - d d - m him, I have done for him, for I catch'd him in the very fact.
Thomas Davis . As I was going home with a candle and lanthorn, I heard a watchman say a man was laying in the street, whether he came out of a window or no he could not tell. I ran up with my light, and saw a gentleman laying down. I staid I believe two or three minute; there were a great many people about him. I ask'd him who stab'd him; he said Venables. Somebody directly said, what was you in bed with his wife? he made no answer at all, but turn'd upon his left arm, with his face toward the sky; I thought he was dying that instant. I never heard him speak a word more. I was terrified at the sight of him, and went away directly.
Timothy Booth . I live and lodge in a stable in the same street. I was just got into bed, and put my candle out, when I heard a man call out murder. I look'd out at the window, and saw a man in his shirt and night-cap, a little way from Mr. Venables's house. He came a little nearer, and call'd out again he was murder'd. He came up to our stable-door, and said he could not tell what to do, he was murder'd. After that Venables's came out of his house, and said he had catch'd the man in the very fact, he catch'd him in bed with his wife, bring me a candle, and insisted upon having it: his wife came in the mean time and bolted the door upon him.
Ann Timms . I wash for my living; being late at work between eleven and twelve o'clock that night, I heard murder call'd in the inside of Venables's house; the door was shut then. I made a stop for some trifle of time, and heard Mr. Venables say, bring me a light, bring me a light. I said you shall have no light of mine, call the watch. I saw something white, and presently the gentleman ran out in only his shirt and cap; he ran to the stable door, and turn'd about, and said he was murder'd. Soon after Venables ran over to me with his wife's stay: in his hand, and wanted the candle, I call'd out watch, murder. He insisted upon a light from another woman, she said it's not my light; a woman said, will nobody take in that gentleman, that calls, out murder with such dismal cries and groans. I went to him, seeing some gentlemen come about him; they ask'd where he came from. I said, I frequently saw him go in at Mr. Venables's with his regimentals on. I return'd, fearing my room should be strip'd, as I had left my door open.
Q. Did you hear Mr. Venables say any thing about his wife and Mr. Buckle?
A. Timms. I heard Mr. Venables say he was in bed with his wife.
Mr. Ford. I am a surgeon, and attended Mr. Buckle. I came to him that night he died, betwixt eleven and twelve. He died of the wound he had receiv'd, about an hour after I came to him.
Prisoners's defence. I had been over at the Angel. I went about seven in the evening after I had made Mr. Buckle's fire. When I went out I left my three children at home, and told them where I was going to I staid till between ten and eleven. I came home, and having a key to the door, I open'd it very gently; there is a large mat lying in the passage. I shut the door, and as I went along I thought I heard my wife's voice in the back-parlour. I was almost sure it was she. I went down stairs into the kitchen, and struck a light. I was so fluster'd when I gave my evidence before the coroner, that I said I did not go up stairs; but I did go up, I went into the dining room, shut the window shutters, and then came down stairs again. Mary Main knock'd at the door. I open'd it, and she ask'd for Mrs. Venables. I said I knew nothing of her, she was not there. She said, I'll go and see for her. I believe I said, see at the Black-Lion. She came back and said she was not there. Then I shut the door, and stood in the passage; I then went towards the back parlour door, and thought I heard her again. I walk'd towards the street door, and open'd it, and went again to the back parlour door; I was quite convinc'd at last that I heard her, I attempted to turn the knob of the door, and found it wou'd not open. I knock'd at the door with my finger, and said, Mr. Buckle, Mr. Buckle, I want to speak with you. No, answer. I had the candlestick in my hand. I put my shoulder against the door with all the force I cou'd, and burst it open, and went immediately up to the bed, where I saw Mr. Buckle upon my wife in the bed naked (as I am to appear before God, it is truth) I pull'd out my knife and gave a blow, but I was so confused I did not know whether it was her or him that I hit, till he cried out, oh, oh. He was a worthy gentleman. I wou'd have gone through the world to have serv'd him; I always spoke well of him to every body. Somebody had wrote a scandalous letter against him to his relations; and Mr. Dowdesly's servant can tell, if he pleases, I always justified him, and said the accusations were false.
Joseph How . Some body had wrote a scandalous letter to Mr. Buckle's friends, acquainting them that he kept very bad hours, and drank and lived a very bad life in town, I believe they had mention'd whoring. Mr. Venables meeting me near St. George's church, said, he was very sorry they should accuse him of those things, and said all they accused him of was false; that he could justify him himself, for that he lived soberly, and had been very regular ever since he came into his house.
Guilty Manslaughter .
Gurney. I expecting to be call'd upon this trial, before the trial of Baynham and Clifton was put to the press, was very careful to examine and correct it, and am able to say the trial in the Sessions-Paper is a just copy of what pass'd in court, as to the substance of the evidence given on that trial.
The clerk of the Arraigns takes and reads part of the evidence of Broadbent and Hennet, as much as concerns the present indictment. [ See the trial No. 35 and 36 in last December sessions.]
John Harrison and his wife were next examined, then Frances Jones, their maid servant; then Thomas Fryer; then James Delton, who all agreed as to the substance of what they deposed on the former trial, to which, for want of room in this paper, the reader is referr'd.
John Baynham . I was tried in this court in December sessions; accused with committing two rapes, one on the person of Elizabeth Broadbent , and the other on Rachel Hannet . on the 6th of July, at the Three Compasses in Little Wild-Street. On the 20th of October last Mr. Tew came in at the Three Compasses; he asked me if I knew a watch-maker that wore his own hair tied behind. Mrs. Harrison said, do you not know his name? He said he did not; nor did he say what he wanted him for; then he went out. Soon after he returned again, and asked for one Baynham. We said he was not there; then he went out again. He came several times that day (that Baynham with his hair tied behind is my first cousin) Mrs. Harrison said, that man, meaning Tew, came about a rape; which she heard was mentioned at justice Cox's to have been committed at her house. I then went down to Brook's-Market to my cousin, and told him that a lawyer had came about a rape said to have been committed at the Compasses, and that it had been talk'd of at justice Cox's, and the lawyer inquired for him; he said he knew nothing of it, and that they could do nothing to him; he then came with me to the Three Compasses, and had some oisters and beer. Then Mr. Tew came in again, and said is Mr. Baynham here? yes, says I, my name is Baynham, what do you want with me? says he, you are not the person I want; he then said if I would stay a little while, he would soon put an end to it, to clear me, and save himself the trouble of coming again. Accordingly I staid: I think, but am not certain, that Raminger came with Tew; he went out, I think, and return'd; I know he brought Elizabeth Broadbent with him. Said Tew to her, don't be afraid, no body shall hurt you, is any body here you know? Tew and I were sitting together. She pointed to me directly; after that, Raminger said I'll go and fetch the other girl; no, no, said I, you shall not go by yourself, let some body go with you; then one Watkins, a friend of mine, went with him (I can't find him now, or I would have had him here.) Raminger then brought in Rachel Hannet , and said to her, do you know any body her? she looked about a long time. Then said they let her sit down; she did, next to Broadbent, and did not speak for a great while, only looked upon one and another. (There were a great many people in the house.) I saw Hannet stoop down to buckle her shoe, and I heard words pass between her and Broadbent; she would not mention any body then, but got up on her feet; we all got out of the box, and I stood by the fire. She went to Raminger, by the cellar stairs, and there were some words past; said he, is that the man, pointion to one and another; is that the man with a pot in his hand (one had a pot in his hand) I observed Raminger and Tew were together by the cellar stairs when Hannet pointed to me.
Q. What were they doing?
Baynham. They seem'd to be whispering together. I don't know what they said.
Q. Who had the pot in his hand?
Baynham. That I believe was my cousin. At last she came and touch'd me; then Raminger collar'd me directly, and said her was a constable, and left me in Mr. Tew's care, till such time as he got a warrant. When he came back with the warrant, he collar'd me, and took me to St. Martin's Round-house, where I lay all night, and from thence to justice Cox's; after which I took my trial here.
Q. How long was Hannet in the room before she fix'd upon you?
Baynham. I believe 25 minutes.
Q. Did you ever ravish either of the girls?
Baynham. No. I never saw either of them in my life before, to my knowledge.
Baynham. Upon my oath I never saw her, to my knowledge till I saw her in Newgate, after I was committed. I never saw the prisoner before that time. or Raminger either.
Q. How long have you wore a wig?
Baynham. I have always, these six years.
On his cross examination he said, That on the 6th of July he had a drowiness on his spirits, and was bled (it being on a Sunday) at his cousin's house, two doors from the Three Compasses That he had been at the Three Compasses that morning to pay some money; he remember'd the day on account he had pledged a thing the Monday before,
Sarah Clifton . I went to live servant with the prisoner the Tuesday before Whitsuntide last; and staid there something above five months. I had given warning to go away, but could not get my wages; he used me but indifferently towards the latter part of my time, for he turned me out of his house at twelve o'clock at night, two days before my month's warning was up. He said the girls had told him I had rob'd him. I wonder'd what there was that I could rob him of, he having but very little. I desired he would lock me up in any room in his house, and not turn me out at that time of night; he then repeated my robbing of him, and said he had promised the girls I should go out that night. I said I had no money; then he gave me a shilling, and I went up to the Round-house. In the morning I went to him again for my wages; then he said there was a rape committed, and began to accuse me with he knew not what, and kept me a prisoner in his own house, without a warrant. He then took out a warrant, and carried me before justice Cox.
Q. What was due to you for wages?
S. Clifton. Almost 3 l. I had had a shilling at a time two or three times. When I came before the justice there was a robbery laid to my charge. I was carried to St. Martin's Round-house that night. The next day he charged me with the robbery and two rapes on Broadbent and Hannet; they were both there. I said to them, I have been as good as a mother to you, consider what you are going to do; the girls said they had been out with me, the same as they swore on the trial afterwards. I was then sent to Pridewell. At that time I had never seen John Baynham in my life; the first time I saw him was in Newgate; where Mr. Tew came to see me, and sent for me down. I said, Sir, I don't know you; he said no, I suppose not; he ask'd me to drink a glass, and said he came from Wiesenthall. I said what will you please to have with me? He then said here is a rape committed, and as you certainly are concern'd, you must find the man; said I, you may be the man for what I know, for I never knew a man that did such a thing. He said it should be the worse for me, if I did not tell who the man was. I said, if there is never a man found till I find one, you will never have the man. Then I went up stairs aga in to my apartment; and soon after a soldier (named Jones) a country-man of mine, came with a full-pot of beer, to see me; then came Mr. Tew and took him up for the man that ravish'd the girls. This was all the same day.
Q. How long had you been in Newgate then?
S. Clifton. I believe I had been there about nine days. I never was out of St. Clement's-Lane, where I lived, on the 6th of July; it was Sunday, and I was ironing all that day. I remember I had a pewter dish and six plates, which we had borrowed at the White-Hart, in the lane, and I carried it home that day, and was there when the two girls came with a great nosegay, between eight and nine o'clock. I had been at Mrs. Harrison's about three times during the time I lived with the prisoner; she and I were old acquaintance in the country, and she had been at the prisoner's house, and gave the girls some money to be good, and mind their business. Broadbent once went with me to her house to borrow some china; but I never was up stairs, or knew where the stair-case was, in my life. When I went home with the girls that Sunday night from the White-Hart, my master was sitting with his right leg across his left, at the end of the table; he asked Broadbent and Hannet how they came to stay so long; they said they had brought him a nosegay, and were tired. I cut them their supper, and they went to bed; he had nine apprentices, and these were two of them. I had one of the apprentices with me, named Ann Forbes, and my master's daughter, when the others called on me coming home.
Q. Had you any quarrel with your master before he suspected himself to be rob'd ?
S. Clifton. Yes, a great many. One was, he was poor, and wanting an usurer, he sent me out to see for one. When I returned, there were two or three Germans (his countrymen) in the kitchen; they had been playing with the girls, and had dirtied the kitchen. I said, no such things should be while I was there. My master the next morning ask'd me whether I was master, or he. My master had sent me to South-Audley-Street, to inquire after one Brailey, a woman whose character I found to be very bad; and he set me to watch if such a woman came about his house at nights. I once saw an old woman, and looked out of the window, but she was not so tall as
Q. What is a pair of Dresden ruffles worth?
S. Clifton. I don't know; I sold a pair once for a woman for 14 s. Mr. Williams and another gentleman did come; at that time there was not a charge laid against me for a rape or robbery either. Mr. Williams examined the girls; and the next day it was that I was turned out of the house, and carried before justice Cox; where the two girls charged me with a rape, the same which they did in court; there I was call'd old b - ch and old b - wd, I don't know that any body missed calling me somewhat; the justice said I was a bad woman, and I was not permitted to speak for myself. When I was at the justice's, my master was there, who said he was a piece of a doctor himself, and insisted upon going up to examine the girls, and he and a woman went up. Mr. Williams said, when I was going to bridewell, it was hard for a woman to go there without money in her pocket; and my master gave me four or five shillings. Mr. Tew was there. Then Mr. Cox did insist upon my having my wages, but he never paid me till I got an order from the court; for he never intended to have paid me till after I was hang'd, I suppose. My master once had some friends on board a ship, and he and his sister went there to see them. The next morning I sent Broadbent to her master's door for a candle; she came running back again, and said, my master hath got a woman in bed with him. Then I went in, and found it was his sister, and her cloaths were lying by.
Q. Did you ever observe any familiarity between your master and any of the girls?
S. Clifton. No, I did not.
William Jones . I am a soldier. I went to see Sarah Clifton in Newgate; and when I was there, a gentleman came and ask'd me if my name was Jones; I said it was. He then ask'd me if I was a lawyer, I said yes; he said to the man that keeps the taphouse, I order you to keep this man, I will swear that is the man that was concern'd with Mrs. Clifton. I was detain'd there about three hours and a half, in the taphouse. He returned in about two hours, and brought a constable to take me to the Compter. Then Clifton's master (as they told me) and a little girl came; the little girl said she never saw me in her life. Then I ask'd the master if he ever saw me before; he said no. Then I was let go about my business.
Q. Look at the prisoner; is he the man?
Jones. I don't know him again; neither do I know what day this was. [ Then the commitments were read in court, to see if this was before or after Baynham was committed; Baynham's mittimus was on the 21st of October, and Clifton's the 14th of the same month.
Q. Do you know the nature of an oath?
R. Hannet. I do, I heard my master tell one of our girls (named Ann Smee ) the nature of an oath. My mother lives at Putney. My master took nine apprentices out of St. Martin's Work-house; I was one of them. He is an embroiderer of such things as we call Dresden-work. Master used us well enough for a little while, till about four or five weeks after we were bound. Sarah Clifton was servant in the house, and was very good to us.
Q. Do you remember you was evidence here against Clifton and Baynham?
R. Hannet. I do, and remember the evidence I gave; I was sworn then.
Q. Was that evidence you gave true or false?
R. Hannet. It was false.
Q. Then how came you to swear?
R. Hannet. Master persuaded me to it.
Q. Where had you been on the 6th of July?
R. Hannet. I had been at Putney; one of our children was dead, and I went thither and brought some flowers home. Elizabeth Broadbent was with me; we went out about ten o'clock. with master's leave. We came out from Putney about four, and got home between eight and nine. When we came into our lane we heard Sarah Clifton laughing at something. Bett Broadbent said, there is Sarah Clifton laughing, I suppose she has got somebody with her. We went into a house where we found her, one of my fellow-apprentices ( Ann Forbes ) and master's daughter. Sarah Clifton was merry. and ask'd us if we had got any halfpence. We said, yes. So I and the other girl put down three halfpence, and we had some more beer. I don't know whether it was a pint or a pot. After that, Sarah Clifton said it was high time to go home. So far was truth, but we had no gin. Master was at home when we got there, sitting with some gentlemen.
Q. Did you see John Baynham that night?
Council. Take care what you say, for perjury is a dreadful thing; it is a guilt that you have drawn upon yourself: every body will be angry with you, and God will be angry, if you don't speak truth.
R. Hannet. I will speak truth. Master used to behave very badly to us all; he used to beat us and use us ill, we were very much afraid of him, he behaved rudely to us.
Q. How rude?
R. Hannet. He used to be impudent; and the German gentlemen that came to him used to pull and haul the girls about.
Q. How old are these girls?
R. Hannet. Ann Smee is about sixteen years of age, Bett Broadbent a little older than me, the other's younger. Once I remember master gave us leave to play in the yard; when there were some of his countrymen came to see him, who said something to some of us, and Sarah Clifton said we should not stay to be pull'd and haul'd about by such a pack of fellows.
Q. How came your master to advise you to swear that which was false? tell the truth, and also what your master did to you.
R. Hannet. He lay with me after breakfast, the day after Sarah Clifton was gone. That morning my master was in his own room, a little room backwards up two pair of stairs. I was sitting at work in the shop five pair of stairs high, and heard him call Rachel. I made no answer. One of my mistresses said, your master calls you. He used often to call me down, and say things that I did not like about Sarah Clifton , and wanted me to swear against her for stealing of things. I went down to him, that time the door was open, and he bid me come in, which I did, and he shut the door and lock'd me in. This little room was quite backwards, I went through a large room to it. I said, Sir, what are you going to do to me? no harm, says he, and laid me down on the bed, and got upon me, without saying any more to me, and lay with me. While he was upon me his daughter came up and knock'd at the door, and wanted money for butter. He went out to her, and half way down stairs, and gave her some money. He had lock'd me in. I tried to get out, and could not. He came again, and got upon me. This was all against my will.
Q. Did he ever lay with you after that?
R. Hannet. No, he wanted to do so, but I never would let him.
Q. Had you ever been lain with before?
R. Hannet. No, I went up stairs as soon as master had done with me.
Q. How long was you with him ?
R. Hannet. Pretty near two hours.
Q. Did you cry out?
R. Hannet. I did not; because I was afraid he wou'd do something to me, I was greatly afraid of him. He used to beat us all. He used to take up the girls petticoats, and whip their backsides sadly. I went up to my work crying, with a penny in my hand which he gave me. I shew'd it to one of my mistresses, who ask'd me what I cry'd for. I did not tell her then. Presently in came Sarah Clifton , and said she came to see whether she was guilty or not, saying she would not run away. After my mistresses were gone down stairs, I told Esther Croasier master had used me ill. She ask'd me how, and I told her all. I was not well after it, it hurt me very much. Soon after, as we were going down to dinner, I took them all into our bed room, and made it known to every one of them; there were nine of us. They would hardly believe it; so as we were going by the door I took two of them in, and shew'd them the bed, where master had serv'd me so. They all came in, I believe one after another. After this, master proposed to me to swear it against Clifton and another. This was on a Friday. I remember, that afternoon Mr. Williams (who is Mr. Cox's clerk) was sent for. When I came into the parlour, he ask'd me who was the man that had lain with me, for master had been and told the justice two of the girls had been lain with, and that there was also a robbery committed, and somebody had lain with me, but he could not find the man out. He had bid me say so too; I was very much afraid of him, and dared not do but as he bid me. We went the next day to Mr. Cox's, and he wanted me to swear a robbery against Clifton. After this, when we were to go about the rape, he bid me stick close to it and not say he had lain with me, but it was a tall pock-frecken man. He did not mention his hair then. I ask'd him if I must swear. He said, yes.
Q. Did he tell you where you was to swear you was lain with?
R. Hannet. No, after we had been examined before justice Cox, he talk'd to me again; he bid me six upon the Three-Compasses in Little Wild-street, because he used to borrow all his china at that house when his company came.
Q. Had you ever been there?
R. Hannet. No, but Broadbent had. After we had been at the Three-Compasses, he would talk to us both together; and he used to set Bet Broadbent to teach me my story. He used to teach her the most, and she used to sit up a-nights to teach me. He told me there would be indictments found
Q. Do you remember being carried to the Three Compasses?
R. Hannet. I do, Mr. Raminger fetcht Bet Broadbent first. He told us he was a lawyer, and there was one Mr. Tew another lawyer. Tew took Bet Broadbent and me first to six upon the house. We went in, and upstairs, because it was given out that we had been lain with up stairs. Mrs. Harrison came up to us, she had the key in her pocket. I went into one room and Broadbent into the other. At that time we agreed upon the room where there was a bed. We had seen the curtains.
Q. Did any body advise you to six upon that room?
R. Hannet. Not till we came into it; then we fix'd upon it ourselves.
Q. Were Raminger or Tew with you while your master was instructing you what to say ?
R. Hannet. I do not know that they were. We went after this to the Three-Compasses. Soon after Raminger had been for Broadbent, he came for me; there was a little man with him.
R. Hannet. My shoe was unbuckled, and I went into the box to Bet Broadbent , and stoop'd to buckle it, when she pull'd me by the sleeve, and stoop'd down, saying, you must six upon that tall pock frecken man that was in the box with us. I sat a good while before I did. I believe he saw her pull my sleeve, because he spake about it at justice Cox's, and Mr. Raminger said it was no such thing. Mr. Raminger ask'd me if the man was in company. At first I was afraid to speak, and did not for a good while; at last I fix'd upon Baynham.
Q. How was you sure that was the same man you should fix upon?
R. Hannet. Because I saw him go out of the box, and go to the fire-side; after that we went to justice Cox's, but he was a bed. So we went the next day, when my master bid me stick close to it. I believe Raminger had told him what had happen'd at the Three Compasses; they used to talk German together, and my master laughed that night, and told his sister I had pitch'd upon a pick-house taylor. I had a good mind once before the justice to tell the truth, when Baynham down'd on his knees, and said you know I am not the man that lay with you; but master look'd hard at me, and Bet Broadbent pull'd me by the sleeve. The justice took us up stairs, and said he would do all he could, to see whether we would own it, because the man said he was innocent; he ask'd us if we were sure he was the man; we both said yes. I was at one end of the room, when he examined her at the other. We stood to it. After this my master kept us very close, he did not let us go out of his house, but when he was with us, till we came to the Old-Bailey; he told me I should go before a heap of gentlemen at the Old Bailey, and I must swear there what I had sworn before justice Cox, and at Hick's-Hall, where I swore that Baynham had committed a rape upon us, and Clinton had hold of our legs; my master ask'd me when I came out what I said, and what I swore, which was the same as that at the Old-Bailey. That morning, before we came out, he took Broadbent and me into our room, where we all lay; he first examined her, and she came even; he then examined me, but I did not come even; then he huffed us sadly, and we were afraid we were going to be kill'd; he then said for God's sake don't lay any thing to my charge, for if you do, it will bring me into trouble; and as we were walking along, he bid me not to hammer, stammer, but speak the truth, for else they would be clear'd, and we should suffer; this was as we were coming out of the Baptist-Head, near the Old-Bailey gate, just as a man had came and said our trial was coming on.
Q. What did he mean by the truth?
R. Hannet. That was, what we had said already; and when I came here, I swore the same I did at Hick's-Hall.
Q. Had you any remorse of conscience while the two prisoners were upon their trial for their lives ?
R. Hannet. I was sadly affrighted. I thought to myself I would say what was the truth. Broadbent and I quarrel'd sadly. I wanted her to own the truth at the Baptist-Head; she said her master would kill her if she did. I said it was better for her to be kill'd than to take two innocent lives away, I'll not take their lives away; she said you had better do it, no body will know any thing of the matter. There was a midwife near us, she that search'd us along with my master at justice Cox's, who said, what is that you will not take away? Bet Broadbent said, nothing, nothing. I had strove to persuade her to speak, the truth at home. I told three of our apprentices that all we were doing was false, and that master persuaded us to do it. I also told both of my master's sisters, that he had lain with me, the same day that he did.
Q. What did they say to it?
R. Hannet. They said they could not understand me, but they did.
Q. How were you searched at justice Cox's?
Q. Are you now convinced of the true nature of an oath?
R. Hannet. I am.
Q. Do you know you have done a very wrong thing hitherto?
R. Hannet. I do.
Council. Then if you are guilty of a crime of the same nature again, you will be guilty of an additional crime.
R. Hannet. I shall so.
Council. Then you need not be affrighted at any question that may be put to you. You say all you said on the last trial was false?
R. Hannet. It was not false about my going for the flowers, and going in at the alehouse in Clement's-Lane and having strong beer, but it was false when I said I had some gin, and that Mrs. Clifton assisted John Baynham to lie with me.
Q. Are you sure your master, the prisoner, persuaded you to say what you did?
R. Hannet. I am.
Q. Do you pretend to say your master ever did any thing impudent to you before he took you into his bedchamber?
R. Hannet. He used to whip the girls, but he never whipped me.
Q. Was it because he found fault with what they had done?
R. Hannet. No, he whip'd them more than they deserved, a great deal.
Q. Had your master a lock to the door where you say he lay with you?
R. Hannet. Yes, and a key too; and there was a lock and key to the large room door, that we went through first.
Q. Did not Sarah Clifton rob your master?
R. Hannet. No, she never did; he himself hid the things behind the barrel, and then laid them to her and us.
Q. Did she ever talk to you of keeping a cook's shop?
R. Hannet. She said she believed he never would pay her her wages; and that she would go away and keep a cook's shop; and she asked us if we would come and see her.
Q. You say you was along with your master about two hours, what did he say to you in that time, he was not asleep, I suppose?
R. Hannet. He spoke but very little. I ask'd him what he lay with me for? He said, to get me with child.
Q. Don't you think your mistresses would have come to your assistance, if you had cry'd out?
R. Hannet. I don't know whether they would or not.
Q. Did you see any marks of blood on the bed afterwards?
Q. How do you know that?
R. Hannet. I was shewing it to Bet Broadbent , and one of my mistresses came and ask'd me what I was doing? I told her, and she went and told the other; who came and told me I was a fool for shewing it to the little ones.
Q. When did your master first talk to you about the rape?
R. Hannet. Not till two or three days after I had been first at justice Cox's; then it was given out that somebody had lain with me; and he bid me lay it to a pock-frecken'd tall man, and not upon him. Mr. Tew took Broadbent, and Mr. Raminger took me to the Three Compasses, first to six upon the room.
Q. Had any body bid you and Broadbent six upon one of the two rooms at the Three Compasses ?
R. Hannet. Master bid us say we were lain with up stairs, in a room.
Q. Did justice Cox desire you by all means to speak the truth?
R. Hannet. He did, over and over, and said if I swore false, I should go to the Devil.
Council for Prosecution. Which was you most afraid of, your master or the Devil?
R. Hannet. I fear'd my master most.
Q. to Mrs. Harrison. There was a piece of evidence came out from this witness unexpectedly; do you remember this girl coming to your house with Mr. Tew and Mr. Raminger, before they were brought to find out the man that ravish'd them?
Mrs. Harrison. The first time Mr. Tew and Mr. Raminger came by themselves, and told me that two girls had sworn a rape to have been committed at our house, in a room where was green furniture, and that Clifton brought them there. I said, if you bring the girls, they will find themselves mistaken in the house. So they did bring the girls a day or two after, and went up stairs into the room; but my curtains are blue. This I believe to be two or three days before they came and fix'd upon Baynham. I went to justice Cox's when Baynham was taken up. The girls there said, I was the person that brought the pot of beer up. The justice asked
Elizabeth Broadbent . I am fourteen years of age and upwards. My master had a child died; and Rachel Hannet and I went for some flowers to Putney, on the 6th of July; we set out before dinner, and I believe staid there till between four and five in the evening, and it was duskish when we got to Clement's-Lane. I saw one of my fellow-apprentice's sleeves at a house in the lane where we had our drink; and I heard Sarah Clifton laughing; so we went in, where we found her, my master's daughter, and Ann Forbes . We said we were very dry, and call'd for a pint of beer; we drank it, and went home together. This house was not above five or six doors from my master's house, but on the other side of the way. When we got home my master ask'd us what made us be so late. We said we staid a little later than ordinary because it rain'd; I told him we were just come from Putney.
Q. Was there any quarrel betwixt Clifton and your master at that time?
E. Broadbent. I can't tell whether it was that week, or the week before that they quarrel'd; my master had been rude. I went one morning into the parlour where my master lay; there was his sister in the bed by him; I told Clifton of it, and she gave warning, and said she would not stay; then my master did not like her, and said he would do her an injury some time or another; and said he had rather see the Devil than see her.
Q. Did she ever hear him say so?
E. Broadbent. I don't know whether she did, but I heard it.
Q. How had your master behaved to you before this time?
E. Broadbent. He behaved pretty well before then; but when Clifton gave warning, he persuaded us to it. Clifton said she could not bear to be in the house, because there was such rudeness done in it?
Q. How soon after you had been at Putney did you hear of Clifton's taking away goods?
E. Broadbent. It was about a week after; he said that was to turn her away. We were to say that she made us steal things.
Q. Was you particularly mention'd as one of the persons that was to charge Clifton ?
E. Broadbent. Master desired me to steal them, and lay it on Clifton.
Q. Did you, according to what your master desired, hide or take away any of these things ?
E. Broadbent. At first he took and bid some of the things himself, behind a barrel in the beer-cellar, which was a napkin; and Hannet found it. We did not see him put it there, we only imagined he put it there himself. Neither of us had taken a pin's point from him, and I believe Clifton never did.
Q. What day of the week was it that she was turn'd out of doors?
E. Broadbent. I believe it was on a Tuesday. She return'd the next day for her wages, and what things she had left, when he accused her of stealing his things, and making us steal his things to ruin him, and said she should be taken up.
Q. Did he mention any thing of a rape then ?
E. Broadbent. I don't know that he talk'd any thing of a rape then; he took her up, and she was carried before justice Cox.
Q. When was the first time after she was turn'd out of doors, that you heard of a rape being committed upon you?
E. Broadbent. Master took me down out of the shop, and ask'd me if ever any body lay with me. I told him no.
Q. When was this?
E. Broadbent. This was a day or two after Clifton was turn'd out of doors.
Q. Did he give you any reason why he suspected any man might have lain with you ?
E. Broadbent. He ask'd me first; he said if there has not, then you shall lie with me to night. I said, I never was in any man's company in my life. That was to be the rape; and he would lay it to Clifton and a man.
Q. Did he mention at that time the man he intended to accuse?
E. Broadbent. He said, I'll take up Clifton for it, and a man named Baynham.
Q. Did you know Baynham at that time?
E. Broadbent. No, I did not. I had never seen him with my eyes, or heard of him till master mentioned him. Then he said he'd call Rachel down, after he had done with me, and make her do the same; he put his hands down my bosom: this was in the morning. I was sent up stairs, and I believe he did call Rachel down; she went down I know.
Q. Did any thing more pass that day about his intention to charge Baynham and Clifton ?
E. Broadbent. He said he would do so, and swore to it. He ask'd me if I knew any house thereabouts. I said no, except Mr. Harrison's; then said he, that is the house, if you know no other; he said some more words, which I have forgot now.
Q. Did he talk with Hannet that day?
Q. Did he oblige you to go to bed with him that night?
E. Broadbent. No, Rachel was lain with first, and I remember afterwards she came up crying with a penny in her hand. I ask'd her what was the matter. She said, I'll tell you by and bye, and told us she was ruin'd for ever. Presently after my mistress went down, and she told us every thing. The night after this, because I would not lie with him, he threaten'd that I should go to Newgate for stealing things. I kneel'd down and cry'd, and said I hoped he would forgive me for what I had done. He sent his sisters and Rachel to bed after supper, about nine or ten o'clock, then took me in his lap, and said he would make me go to bed with him, and kissed me. Then he fetch'd a bed down into the two pair of stairs room, and said to the girls that lay with me, you shall not lie with her any longer, for you will make her as wicked as yourselves. He made me undress myself, and then tied a handkerchief about my mouth. I said, pray Sir don't, for you'll ruin me for ever. He said I shall not hurt you, I will do you no harm.
Q. Why did not you call out?
E. Broadbent. He had lock'd the door, there were three of them; this was in his own chamber. After this he took me under my arms, push'd me into bed, and lay with me most part of the night. Then he got the other bed out it is a German bed, one over another; and laid it in the fore room, where I lay till mistress came and call'd me.
Q. How soon after this was it that he began to talk with you about the rape?
E. Broadbent. He talk'd to me about it every day, and bid me not to forget a word, and be sure not to backen it; and he told me once that two lawyers, Mr. Tew and Mr. Raminger, were gone to seek after this man, that they were gone to the Three-Compasses in Little-Wild-Street, and if they came for me, I was to say the man was in the tap-room; and if there was a tall man named Baynham there, wearing his own hair and a blue coat, I was to take him up.
E. Broadbent. No, he did not say either; he told me very often to say that he was a tall thin man, pitted with the small-pox, and I must say he had his own hair on when he ravish'd me. Raminger and Tew return'd, and said they believ'd they had found him.
Q. Was you to go and shew them the house that the rape was supposed to be committed in?
E. Broadbent. Yes, I did, on a Monday. He had told me any home that I knew, and I said, I knew none but the Compasses. Then he said six upon that. I shewed them the house. Hannet was not with me then.
Q. At the time you shew'd Raminger and Tew the Compasses, did Hannet come there ?
E. Broadbent. No, not the first time. I shewed them the house, the entry and stairs, as I stood at the step of the door. Hannet went with me and them the second time, when I went into the fore room above stairs, and Hannet into the back room. Mrs. Harrison open'd the back room door with a key, where we saw the bed. We said that was the room, that there were green curtains to the bed and window, and that the bed was removed.
Q. Had you ever been in that room before then?
E. Broadbent. No, never in my life. After that, I was brought by Mr. Raminger to that house, in order to fix upon somebody. I believe this was a night or two after.
Q. What instructions did your master give you, or did he give you any, in order to fix upon the man?
E. Broadbent. That day he had been out, I know not where. When he came home he call'd me into his room, and said, you are going I believe to the Three-Compasses, to take up the man that did the rape.
Q. Did he mention the word rape?
E. Broadbent. He said, that say with me. Said he, there is a man in a blue coat, a tall man, named Baynham, pitted with the small-pox; you are to take him up.
Q. What time did you go thither, in order to fix upon the man?
E. Broadbent. It was after we had left work, at 9 o'clock. When Raminger brought me in, Tew was sitting or standing by a man. I look'd round, and saw there was never a man there but he that was tail and thin, and I took him for the same man that master gave a description of.
Q. What did he say for himself, when you had fix 'd upon him?
E. Broadbent. He ask'd me if ever I saw him in my life, and whether he ever lay with me. I said yes, he was the man. There were a great many people in the tap-house at the time; but I had never seen Baynham before in my life. When Rachel Hannet came, she look'd affrighted, trembled, and stared about. I believe Mr. Raminger brought her in. Mr. Tew and Mr. Raminger were going to take me out of the tap-room, but Baynham and all the company said, it was not fair to take the girls out. Mr. Tew was going to speak to me, and
Q. Where was you, when he was going to speak to you?
E. Broadbent. I was just at the tap room door. Hannet was desired to look about, and see if she knew the man. She look'd very hard about her, and came into the box where I was; and then attempted to buckle her shoe. I was by her, and gave her a pull by the sleeve of her gown, pointing with my other hand under the table to the man who sat in the box by the fire side.
Q. Could she see you point?
E. Broadbent. I can't tell that. It was a great while before she fix'd upon Baynham. She was frighted, and ran backwards and forwards; the tears were in her eyes, and they asked what was the matter. Mr. Raminger I believe was by me, and Mr. Tew and she were by the bar, when sh e fix'd upon the man.
Q. How long was it after you gave her the pull before she fix'd upon the man?
E. Broadbent. It was about a quarter of an hour after. The people would not let her and I be together, saying it was not fair; but I kept looking at the man, and looking at her. She trembled every limb of her, and cry'd. After she fix'd upon him, he was taken into custody, and carried to the watch-house; we went before justice Cox the next day, where I said he was the man that ravish'd me. In the morning before we went before the justice, my master told me not to seem to be frighted, saying, if I cried it would shew me guilty.
Q. Guilty of what?
E. Broadbent. It would shew that he was not the man; and then they will ask you, said he, and you will confess he is not, so I shall be brought into trouble. After this he never let a day pass but he bid me keep to the truth, and that if I did not stick to it he would murder me.
Q. What did he call the truth?
E. Broadbent. That was, what I had said before I must stick to.
Q. Did he tell you, before you went to Hicks's hall to find the bill, what would become of this man?
E. Broadbent. He said he believed it would hang him, but said he you shall never want, I will take care of you. After that I went before the grand jury and was sworn, where I said the same that I did afterwards in this court, that one Baynham was the person who ravish'd me, and that Sarah Clifton stood at the feet of the bed and held my legs. He gave me directions to be sure to stick to it, and to say that Clifton put us on to ruin our master. He said, I have not money to pay her her wages, and if she is not hang'd for this I'll take care to transport or murder her. I remember I was at the Baptist head, near the Old-Bailey gate, before the trial came on, and that going from thence to come to this court he said, Mind, Betty, say nothing but the truth, stand to the truth; meaning, that which we had sworn to before. He said the same to Rachel, and told me at home he would mention this to me at the Baptist-head; he said, speak the truth, and consider what you are going to do, or else you will be hang'd, looking very down. That very morning he called me down stairs, and asked me whether I could say what he had taught me, and bid me tell it over. I tried, but could not say it right; then, said he, you will cast yourself and me too.
Q. What did you fail in of your lesson ?
E. Broadbent. I said the man had a red cap on, and I was to have said a white one.
Q. Was what you mention'd here at the trial the same as he bid you say?
E. Broadbent. It was. He said, if they ask you whether or no he had a wig on, say you saw him pull off no wig, but he put on a cap over his hair or wig; tho' I have now forgot some words he told me.
Q. Was that which you swore here true or false?
E. Broadbent. It was all false.
Q. Did not Hannet say her conscience was very uneasy at coming to swear against two innocent persons?
E. Broadbent. She did. As she was standing on the stone steps belonging to this court (the tears being in her eyes) she said, Bet, I am frighted within me for going to swear against these poor innocent persons. I said, Rachel, we can't help it, stand to it, stand to it, or else we shall be hang'd; this was before we gave our evidence.
Q. Did Hannet at any time tell you her master lay with her?
E. Broadbent. She told me and the other girls of it the very day he lay with her.
Q. When Clifton left the house, how long was it before you went to justice Cox's?
E. Broadbent. It was a day or two after.
Q. Had you heard any thing of charging her with this rape before you went to the justice's?
Q. Did you ask him what a rape was?
E. Broadbent. I ask'd him what he meant by lying with a man, and he said, if you don't know you shall lie with me.
Q. Did you ask him to explain the meaning of a rape ?
E. Broadbent. No, I did not; but he said that lying with and debauching a person that had never been lain with before, was a rape.
Q. How long was it after Hannet had been lain with that he was concern'd with you?
E. Broadbent. I believe it was the night after.
Q. Who did the justice speak to first, Hannet or you?
E. Broadbent. I believe it was me; he said, Are this man and woman innocent or guilty? This was the time when Baynham was taken up, not the first time I went to the justice in order to charge Clifton with thieving.
Q. How came the rape to be introduced there, as it was not the charge you went to make?
E. Broadbent. I can't tell, I believe my master told that.
Q. Did you ever know your master go to the Three Compasses?
E. Broadbent. No.
Q. Had you ever been up stairs there before you went with Mr. Tew?
E. Broadbent. No, never.
Q. Did you know any thing of the situation of the house ?
E. Broadbent. I went there once with Clifton, who said she had a friend lived there; she also went thither with me for some china.
Q. Did not you imagine you could punish your master, if he used you ill in lying with you?
E. Broadbent. I did not think of that then.
Q. What reason could he give for a white cap more than a red one?
E. Broadbent. I said it was a red cap, which he said was wrong, and that if I said so in court they would condemn him and me too.
Q. When Mr. Tew and Mr. Raminger carried you out of the house, to go to the Three Compasses, what did they say to you?
E. Broadbent. They asked me if I could find out the house, and I said, yes.
Q. Do you remember any mark being left on your linen, by your master's using you ill?
E. Broadbent. Yes, there were marks. I was examined by a midwife, and by my master, who when we were going up stairs told Mr. Cox he was a surgeon, and asked leave to go up with us. The midwife said, if that is not the man that is below, speak, and tell the truth. I said I had. She said I had been pressed upon by a man, and said the same by Rachel Hannet .
Q. Do you remember there being a mat in the entry at the Three Compasses ?
E. Broadbent. There was one at the room door. We laid there was a mat, and that Rachel Hannet being fuddled had like to have fell down by kicking against it, but Clifton laid hold of her, and held her up.
Mr. Ford. After the trial of Baynham and Clifton, the court suspecting there was a perjury, ordered these two girls to two separate compters; the morning after I had directions from many of the magistrates to do the best of my endeavours to find it out; to which purpose I sent for the keeper of Wood-street compter, and made use of a pious fraud in order to come at the truth. I desired the keeper who had Hannet in his custody, to acquaint her that Broadbent had discovered the whole truth. I went after that to her in the compter. She fell on her knees, and said she was ready to discover the truth, and gave an account which took up about three quarters of an hour; having received that from her, I came from thence to this court, which was sitting; my Lord-mayor went into the next room, and Broadbent was sent for; as soon as she came into the room, in order that she might discover the truth, I desired Rachel Hannet (who was brought there) to go up to her and kiss her, and tell her she had told my Lord-mayor the whole truth, which she did, and immediately retired out of the room; then Broadbent began, and confirmed Hannet in every circumstance. She likewise came into court, and did the same here. There were three other of their fellow-apprentices sent for, Ann Smee , Ann Forbes , and Esther Crosier ; they also confirm'd every thing that they were apply'd to for the truth of, one was, that Hannet told them she had been lain with by her master, and of her going to give false evidence; and every thing the two girls have now said in court quite agrees with what they said on that examination.
Q. Whether they had any communication with each other, so far as for one to know what the other had said?
Ford. To my certain knowledge they had not. One was only told that the other had told the truth; then the exactly confirmed what the other had said.
Ann Smee. I am sixteen years old. I was apprentice to the prisoner. I remember as soon asRachel Hannet , she came up stairs and told my mistress, and whisper'd and shew'd her a penny. She said she could not understand her; and when we went down to dinner, I bid Elizabeth Warden tell my mistress of it when we went to tea; but she said she could not understand her.
Q. What day of the week was this?
A. Smee. This was on a Friday; Clifton was turn'd away the night before.
Q. Did you hear any conversation pass between these girls and your mistress?
Q. Did you ever hear him say any thing to them about what they should swear?
A. Smee. No, I never did.
Q. Did Hannet or Broadbent ever tell you of any conversation they had with their master about the room?
Q. How many times did she tell you all of it?
A. Smee. But once.
Q. Did Broadbent tell you so too?
A. Smee. No, she did not. That morning that the trial was to come on, I was going down stairs, and heard my master say, for God's sake lay nothing to my charge.
Q. Which did he say this to?
A. Smee. To both of them. The morning after the trial was over, he was up at six o'clock, which was sooner than ordinary; we thought he could not rest. He ask'd Ann Forbes whether she loved him ? She said yes. He then said, were you at the alehouse with Broadbent and Hannet, when they came home with the nosegay ? She said she was; for said he my Lord-mayor and the whole court look'd very hard at me, and suspect me to be a bad man.
Q. Do you remember a sort of a play which you girls had amongst you call'd acting the justice of the peace?
A. Smee. No, I do not,
Q. What was it then?
Q. Do you know the nature of an oath?
A. Forbes. If I swear false I shall go to the naughty man. I was apprentice to the prisoner.
A. Forbes. I do; and I remember Rachel Hanner came up the morning after Clifton was gone (he turn'd her out about twelve o'clock at night) about eleven o'clock; she said she was affrighted, and cry'd sadly, she had a penny in her hand. We ask'd her what was the matter, and she said she could not tell us then, but she would by and by; and accordingly told us what master had done to her.
Q. What did she say he had done to her?
A. Forbes. She said he had done impudence with her.
Q. Do you remember she told you at that or any other time, what he desired her to swear, or say against any body?
A. Forbes. Yes, against Sarah Clifton ; Hannet said he bid her swear all she could against her; and that she was to swear she stole things by Sarah Clifton 's order; and if any thing was found out, she was not to lay it to her master; he beat Esther Crosier up and down stairs to make her swear so too. Hannet used to tell us of this every time my mistress went down stairs; there were a great many stories she used to tell about Sarah Clifton .
Q. Was you brought here at the time that Clifton was tried?
A. Forbes. My master bid me say, if I was ask'd, that those two girls came out at the White-Hart in St. Clement's-Lane, and that Clifton made them drunk, and took them away to see a friend up Clare-market, and sent me and Carolina (that is his daughter) home.
Council. I suppose you and the rest of the girls used to say your prayers?
A. Forbes. Yes.
Council. I suppose your master bid you?
Esther Crosier . I am turn'd of thirteen years of age. I remember the day after Clifton was turn'd away. Hannet went down stairs, and came up again with a penny in her hand, crying sadly, and sold us what master had done to her.
Q. What did she say he did?
E. Crosier. She said he did impudence to her?
Q. What was that impudence ?
E. Crosier. He lay with her; and my master beat
Q. What was you to swear?
E. Crosier. To swear I thieved by her orders; and to say what they were to say upon the trial.
Q. What were they to swear?
E. Crosier. They told me they were to swear falsly.
Q. to Mr. Ford. Are these the three girls that were examined the morning after the trial of Baynham and Clifton?
Ford. They are; they were sent for, unapprised of what they were to come about. They did not then give the account so fully, but they gave a very good account, and never contradicted each other.
For the prisoner.
James Tew . I was employ'd by Mr. Raminger to enquire into this matter. I don't know that I ever had seen the prisoner then. Mr. Raminger told me these girls had rob'd him of thread and things; and he beg'd I would be concern'd, and go to the justice about it. He said a woman had been committed upon suspicion of the robbery.
Q. When was this?
Tew. I believe it was about the 15th of October. When I came there, I heard a good deal about it; I can't charge my memory to say they were brought up at that time; but some days after there was a discovery that a woman had enticed the girls to these facts, and she had committed a rape. Upon my going there, the girls Broadbent and Hannet were examined one by one, Mr. Raminger was with me; the girls told their story, and what a number of things they had been assisting in to rob their master, and in throwing them ou t at the window. I went then to justice Cox's, and told him the affair, and he was clear of opinion there were a robbery and rape committed. I ask'd the girls, and they said they knew the house where they were debauched; and told how they had been at Putney, and call'd in at an alehouse in Clement's-Lane, and were taken from thence by Clifton. I took two persons with me to the Three Compasses, and ask'd the woman if she knew the girls; she said no; one of them said to her, Madam, you know me very well, for I have been here for cups and saucers, and you brought beer to us up stairs, when we were here. The girls went up stairs, and said there were five girls in the room at the time; they look'd at the curtains, and said they were sure that was the room. The man I found had been described before justice Cox. We ask'd the people if they knew any such person. That very man was there. Broadbent said upon seeing him, that is the man that committed the rape upon me. I said, that man's circumstance does not appear to be capable of giving you money; she had told me, that he had given money to her and Mrs. Clifton too. At last they began to threaten me, and I began to think my life was not safe, because I had heard a great deal of the people before.
Court. There has been inquiry made, and Harrison and his wife bear good characters.
Tew. I never believ'd Baynham committed the rape. After that the girl and the man sat down; then Hannet came and sat herself down by Broadbent. I observ'd one to stoop, and said, what are you at? then Taylor (one that went with us) got between them, and after a considerable time the girl said, that is the man. I desir'd him before justice Cox to give an account where he was at that time. He at last fell down on his knees to the girls, and said, consider my youth. The girls said, you are the man.
Q. What do you imagine the girl's intention was by stooping down?
Tew. I thought it was to give the other intimation of whom she had pitch'd upon.
Council. Then upon the improbability of the story you thought Baynham was an innocent man?
Tew. I told Baynham's friends that I thought him innocent. After that they told an account of one Jones a soldier, who came there and whistled, and that they threw things out of the window.
Q. Whether you still think the man innocent or guilty?
Tew. Upon my word, I as much believe him innocent as I myself am innocent.
Tew. No, I did not.
Q. to Jones. Is this the man that charged you in Newgate with committing a rape, and kept you two hours and a half till he brought a warrant?
Jones. This is the man.
Justice Cox deposed, the girls and Baynham were before him, that he examin'd the girls above two hours; that he took them separate from each other, and did all in his power to come at the truth; and that the rape was attended with such unaccountable circumstances, that he could not give into it; but upon their positive swearing he did commit Baynham and Clifton, and that he granted a warrant against Jones the soldier for a robbery, or receiving goods knowing them to have been stolen.
Mr. Williams. In the beginning of October last Mrs. Clifton came to me, and said, her master owed
Q. Did they impeach any body else ?
Q. When did you first hear of the rape?
Williams. I first heard of that upon hearing of the felony.
Q. Who did you hear it of first?
Williams. It came from the girls I imagine, but I can't be particular.
Q. Did you hear of the rape at the time you was at the prosecutor's house?
Williams. No, I did not.
Q. Do you remember a warrant being granted against a soldier, upon the information of the girls?
Williams. There was.
William Frceborn . I remember this soldier (meaning Jones ) was stop'd in Newgate by Mr. Tew, I believe it was concerning the children; he accused him of committing a rape. He charg'd me with him, and I told him I had no right to keep him a prisoner without a warrant. Said he, be it at your peril to let him go. I went to Mr. Newman, and ask'd him what I had best to do; he went with me to the soldier who was in the lodge, and ask'd him if he was willing to stay of his own accord. Said he, that I will; I will stay, for they are mistaken in the man; I have a brother very much like myself. After that Tew went away, and brought a girl. She look'd at him, and said, this is not the man. I saw no warrant at all.
Mr. Newman. About the month of November, Mr. Tew came to me in the office of Newgate, and said, there was a person in the lodge against whom he had a warrant for a felony, and shew'd it to me. I look'd at it, and said, I did not think he had any right to detain the man, it being a warrant to apprehend him in Middlesex. He insisted he should be kept there, till he went to my Lord-mayor and got one. I said to the soldier, tho' they charge you with felony, you are no prisoner of our's, unless you are willing to stay of your own accord. I went to ask advice about it, and when I came back, Tew came with the girl, who said she did not know him, and he went about his business.
Q. to Mr. Tew. Did not you go to Mr. alderman Dickinson, to get the warrant back'd?
Tew. I did; it was for receiving of goods knowing them to have been stolen.
Charles Symonds . I know Broadbent and Hannet. The Tuesday before Clifton was committed, in the evening, I heard them both say they had rob'd their master, by throwing the goods out at a window, and that Clifton receiv'd them. And Clifton said to me, Mr. Symonds, you see what little devils they are, what chance do I stand amongst them? I once heard the master call one of them into the room, and desir'd her to speak the truth, and no more than the truth.
Q. What countryman are you?
Symonds. I am a German, I used to visit there.
Q. Had you used to go sometimes in the kitchen?
Frederick Bready . I remember there was a charge against Clifton about a robbery by the prisoner, and I recommended him to go and tell the affair to justice Cox. We went together, but Mr. Cox was not at home. We then went to one of Mrs. Clifton's acquaintance, for him to come and speak to the girls. He came, and the girls were examin'd. The girls own'd the robbery, and that Clifton had receiv'd the things out at the window.
Q. When was this?
Bready. This was the night before Clifton was taken up.
Q. What countryman are you?
Bready. I am a German.
Q. Did you use to visit there?
Bready. I did sometimes.
Council. You used to go into the kitchen too, I suppose ?
Bready. I have been once in the kitchen.
Mr. Dowse. The prisoner once came to me about a robbery said to be done by Mrs. Clifton, who was an acquaintance of mine originally, when she kept a cook's shop in the Haymarket. I went to him about eight o'clock in the morning, and two or three of the children were examined. One whose name was Bolteram said, she threw things out at the window. I heard the prisoner often bid them be cautions how they swore, telling them the danger
Ephemia Wiesentball. I am sister to the prisoner, and lived with him at the time these things happen'd. I know there was neither lock nor key to the door where he lay; the outward door to the other room had a lock to it, but the key was broke. I heard him tell these two girls, that if they would speak the truth he would forgive them. They said they stole the things, and threw them out at the window; and they asked his pardon.
Q. Did you ever hear these girls complain of your brother's having lain with them?
E. Wiesenthall. No, never.
Q. Do you remember the circumstance of a bloody shift ?
E. Wiesenthall. I am ashamed to speak so.
Q. Did nobody tell you about a shift of one of these girls ?
E. Wiesenthall. Yes, Rachel did; but nobody else.
Q. What did you hear Rachel say?
E. Wiesenthall. I can't speak it in English.
Q. Speak it in your own language.
E. Wiesenthall. I should like better to speak it to a woman; it is not fit to be mention'd in the hearing of a man.
Both Guilty .
232, 233, 234, 235. (M.) Daniel Dogorty , Neal Dogorty , Terrance Magure , and Hugh Corigan were indicted, for that they on the king's highway on William Hopster did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one promisory note, value 70 l. the same being due and unsatisfy'd for , the property of the said William, April 30, 1754 . +
The court being apprised that the prisoners intended to challenge the jury, there was a proper number of others summon'd out of both; the following were sworn:
William Hopster . I had lived at Boston in Lincolnshire, as hostler and brewer , at the Ostrich, the Angel, and the hight Bells, all very good places there. I left the last when I came to London, bringing with me I believe upwards of 80 l. Which I had saved. I came to town about the 12th of May, 1750, and went to live with Mr. Goodwin, a distiller, on the 12th of July, where I continued till the 29th of March, 1754. and then went as a yearly servant to Mr. Harman's, a distiller, in Walker's-Court, Knaves Acre. When I liv'd with Mr. Goodwin, he used to serve one Whitchurch, at a chandler's shop in Newtoners-Lane, with liquors, who is since dead, and Daniel Dogorty married his widow. On the 19th of April 1754, between nine and ten o'clock, I went into Mr. Child's shop; and ask'd whether I could have a bill or two for cash. They said, I might have it all in one if I pleased, and ask'd how I wou'd have it made. I said, as they pleased, for I had never seen a banker's bill. It was made, and I paid down 70 l. I think I had seven shillings in change, the money being all in guineas. They ask'd me where I had the money. I said, I had kept it by me some time; it was black. They said, they wonder'd I should keep it so; it had been quilted up in the lining of an old waistcoat, lining upon lineing, and look'd with a mean pospect; I brought it so to London, having work'd very hard for it, and hardly spent an idle penny. The note was made payable to me only, dated April 19, 1754. The note produced. This is the unhappy piece of paper; it is but a little piece, but it has been very trouble some to me. I had my every day cloaths on when I came home with it, and when I went to bed I put it into my waistcoat pocket in my box, amongst all my other cloaths; the box was corded, the lock being spoilt. On the 29th of April, about nine o'clock, master Goodwin was at the Nag's-Head with Daniel Dogorty . I went for him, and he said he'd come presently. I went home, and then went to my new place, at Mr. Harman's, leaving my box corded in Mr. Goodwin's shop. The next morning, being up pretty soon, I told my fellow-servant, that I'd step for my box. I went, and found it corded as I left it. When I was in Compton street with it on my shoulder, I met the four prisoners at the bar; this was April 30 about six in the morning. Daniel Dogorty stop'd me, and said I was aDaniel Dogorty cut the cords of the box. They found my note in the waistcoat pocket, and took it, and said, you villain, where did you get this note? we have reason to suspect you forget this; we will know the truth of it. I believe Neal Dogorty took the note, Daniel and I were contesting at that time. He charg'd me with making one of Mr. Goodwin's bills for 5 l. a 7 l. I said, take me to Mr. Goodwin's don't rob me. When they had got the note, away they all went, and left the box and other things. I was very sorrowful, knowing my note was in bad hands. I took my box, and carried it to Mr. Harmans's house. I went to justice St. Lawrence several times on this affair. The justice said, they were a set of villains, and what they had swore against me he believed was entirely false, for one Hambelton Gilboy, a companion of the prisoners, had sworn I had forged a hand writing upon a lottery ticket. They have been ever charging me with something or another, with stealing and carrying away rum and brandy from my master, and selling it amongst them for three shillings and six pence a gallon. Some time after this, the two Dogorties came and took me by the collar in Mr. Harman's distill-house, and said they wou'd take me to gaol. Master ask'd them what was the matter ? They said they were officers. I stood crying under their hands, and said, carry me to what gaol you will, but bring me my bill. A neighbour came in. I said, these men have got a 70 l. banker's bill of mine. They pretended they had ball'd me for a forgery upon a lottery ticket. I went to Mr. Child the banker's shop on the Saturday after I was rob'd, and met with the person that made out the bill. He told me that a man of fortune had demanded the money upon the bill, who told him he had siez'd upon my goods and chattels, and had kept me out of gaol. I told him I did not owe any man a farthing in the world, that I had lost my bill, and hoped he would stop it if it came, and the man that brought it. I was afraid to say I had been rob'd of it, being told that if I did they wou'd fly o ver to Holland with it. In the mean time the prisoners issued out several warrants against me, and took me before justice St. Lawrence, and I was committed the 16th of April. They swore they would send my soul and body to damnation. I have been in gaol almost ever since. There came two gentlemen to the prison from the banker, and said, these men were going to oblige their master to pay the money. I said, for God's sake don't let them have it. They said, will you be at the expence of stopping the note. I said, they had ruin'd me. I was very poor, and could not do any thing. They shook their heads and said, they pity'd me, and it was a very villainous affair they believ'd.
Q. Where any of the prisoners ever bail for you?
Hopster. There was such a pretence.
Q. What did they take you up for?
Hopster. For a pretended forgery on the back of a ticket, charged upon me by Hambleton Gilboy the 27th of April, 1754.
Q. Did you not apply to either of the prisoners to be bail for you?
Hopster. I did not.
Q. Was either of them bail?
Hopster. I believe it was a sham bail.
Q. Did they go before a justice of the peace along with you, and become bail for you?
Q. Who did become your bail?
Q. For what?
Hopster. For forging a 5 l. bill of my master's for goods, to 7 l. to defraud them as they pretended of 40 s. but I did not do any such thing.
Q. What justice was this before?
Hopster. Justice St. Lawrence.
Q. Was you charged before the justice with having forged, or upon suspicion of having forged any part of a lottery ticket?
Hopster. I was charged with that, but they could not make it appear. Gilboy charged me with making the figure 8 into a 9, with intent to defraud his majesty. The ticket was 1258, a 10 l. prize. It was one of my own, I had two tickets; the other was 1259. When he said I had made the 8 a 9, the justice put on his spectacles, and said it was a 9. I then put my hand in my pocket, and produced the other ticket, which was the 9, but Gilboy made a firm affidavit that I had alter'd it.
Q. Was you or was you not upon that charge of the forgery'd ?
Hopster. No, not upon the forgery of the figure; I contradicted that, by shewing the other which was a 9.
Q. Who was this Hambleton Gilboy ?
Hopster. He was a stout jolly-fresh-colour'd man, an acquaintance of theirs; he did not look like a rouge if he was one.
Hopster. No, I did so to prosecure Benjamin Delahay. who was charg'd with a conspiracy, with intent to cheat one of his majesty's subjects of 6 l. 10 s. Hambleton Gilboy was his bail.
Q. Whether or no you gave bail for your own appearance?
Q. What was the amount that these people bail'd you for?
Hopster. About 80 l.
Q. Do you mean they were bound in 80 l. or you in 80 l.?
Hopster. There was something mention'd about 80 l. I did not read it.
Council. You was rob'd this day two years, I think?
Hopster. It was some time then abouts, it was the 30th of April.
Hopster. At the Wittington and Cat, in Cross-Lane, High-Holbourn, and has liv'd there ever since he married the widow, and remov'd. He has a very strong body of guards round his house; I have look'd upon myself in danger of my life at times.
Mr. Loveless. I remember the prosecutor's comeing to Mess. Child and Co's shop, and paying in 70 l. on the 19th of April, 1754. I gave him a shop note for it. [Looks at the note the prosecutor had deposed to before.] This is it, I wrote it myself; it is made payable to him, which he himself proposed. He seem'd to be a poor man; the money was a parcel of guineas, which were very much dusty by lying by.
The Note read.
'' No. 404. London, April 19, 1754.''
The prosecutor came afterwards, to desire we would stop payment; but I was not in the shop then.
Q. Is the money paid?
Loveless. I paid it, upon and attachment.
Q. Was there not a gentleman sent from your shop, to acquaint him of the attachment brought you by one of the prisoners at the bar?
Loveless. Yes, there was, but I was not with him.
Q. Who commenced that suit upon the attachment?
Loveless. Daniel Dogorty did, (He produced the attachment) The proceedings were according to the common custom upon that attachment. We had a great deal of trouble in this affair, by being threaten'd by one and another.
Q. Who brought you the attachment?
John Ambler . [He takes a paper in his hand.] This is a copy of the prosecutor's original commitment. I examined it with the clerk of the papers at Newgate last night; it is under the hand of justice St. Lawrence. It was read to this purport. '' Middlesex, '' Westminster: To the keeper of Newgate, '' or his deputy, Receive into your custody the '' body of William Hopster , which I send you, '' brought by Mr. Tempest the constable, and charged '' with wilful and corrupt perjury against the '' peace; and him safely keep in your safe custody, '' till he shall be discharged by due coue of law. '' Given under my hand and seal the 16th of February, '' 1756. JOSEPH ST . LAWRENCE.''
Ambler. I have no acquaintance with the prosecutor; he was brought to Hicks s-Hall, to be tried for a perjury. In giving an account of this robbery. I thought he was very ill used, and I myself gave Mr. Serjeant Hayward a see to get that put off till the men themselves were tried for the robbery.
Daniel Dogorty's defence. I was committed by Justice St. Lawrence till a re-hearing, and then Hopster acknowledged himself perjured before many men of credit. I never gave an oath against him. The justice bound me and five or six more of good character over to prosecute. Hopster deposited this note in my hands as a security for being bound for him for a forgery, before justice St. Lawrence. I gave full value for the note, and was almost a year out of it before I could get it again. I borrow'd some money on the note, and laid it out for his use, by his special orders. I'll make it appear I served the man; and here are men will prove he offer'd money to swear against me. This is the 5th or 6th action he has brought against me for my own money; he brought an action of trover, and I was obliged to lay in a spunging-house; I stood the action in the King's Bench till it was tried and nonsuited; and he brought two others in the Marshal's Court.
Neal Dogorty's defence was much to the same purport with Daniel's.
Q. Can the affidavit be produced which he made?
Q. Do you know that the prosecutor is the man that made the affidavit?
Marshal. I don't know that.
Hopster. There was a bad man, a lawyer, advised me to that, saying, he could get my money for me.
As the prosecutor had taken a legal method to recover this note in a civil action, and bad made affidavit that these prisoners were justly and truly indebted to him the contents of the note, which was 70 l. the prisoners were all four Acquitted . But the court obliged each of them to enter into recognizances of a hundred pounds each, to appear at the Old Bailey next sessions, to answer to the charge of a conspiracy on this affair.
John Bell , capitally convicted for High-Treason, whose sentence was respited for the opinion of their Lordships the Judges, in Mr. Alderman Rawlinson's mayoralty, received his Majesty's most gracious free Pardon .
The trials being ended, the court proceeded to give judgement as follows:
Received sentence of death 6.
Transported for fourteen years 2.
Transported for seven years 20.
Elizabeth Ellis , Sarah Jones , James Planket , William Grubb , John Beuton , Arthur Floyd , John Vinters , Thomas Williams , Richard Munday , Eleaner Montgomery, John Shingsoy , Martha Lee , William Jones, John Page , Walter Fitzgerald , Elizabeth Wright, otherwise Wilkerson, John Tompson, William Eagan, James Smith, and Esther Taylor .
To be branded 1.
Charles Frederick Wiesentball to be imprisoned twelve months in Newgate, and at the expiration of that time to be transported for seven years.
John Bell , capitally convicted for High-Treason, whose sentence was respited for the opinion of their Lordships the Judges, in Mr. Alderman Rawlinson's mayoralty, received his Majesty's most gracious free Pardon .
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