In the Thirtieth Year of His MAJESTY'S Reign. NUMBER I. for the YEAR 1757. Being the First SESSIONS in the MAYORALTY of The Right Honble MARSHE DICKINSON, 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 MARSHE DICKINSON, Esq; Lord-Mayor of the City of London; Sir Michael Foster , Knt. * Sir WILLIAM MORETON , Knt. Recorder, ++ and other 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.
Q. Have you a partner?
Thomas King . I employed this man to carry five, sacks up from my lighter to Mr. Ward's shop. He carried four to his house, took money for five, and carried the other to the sign of the Bear, at the corner of Garlick-Hill. This sack being missing I by inquiring found it there, and the salt in it.
Q. How many bushels were in that sack?
King. Four bushels.
Q. Did you trust him with all the five sacks?
King. Yes, I did.
Richard Bulls . I keep the Brown-Bear at the bottom of Garlick-Hill. The prisoner brought in a sack of salt, and asked me leave to set it down in the tap-room; I said, there was not room there, but he might carry it backwards, which he did. He desired I'd let it be there till he call'd again. (The empty sack produced.) This is the same sack.
I am subject to have falling fits. I had one just before I carried up this salt, so that I did not know what I had done with it.
2. John Phelps was indicted for stealing one pair of leather pumps, value 2 s. the property of Philip Griffin , one horse-whip, value 5 s. one laced hat, value 5 s. the property of the honourable Henry Temple , Esq ; November 14 . To which he pleaded guilty .
James Bickley. I was coming to the brewhouse on Sunday the 14th of November, about a quarter after eleven o'clock at night, and I saw a light in one of the store cellars I thought the man could not be at work at that time of night. I went near, and saw the prisoner put his head out, and set out a glass bottle, and go back again. He came again with more, and also some pipe staves. Then I went to acquaint the next witness Francis Martin .
Q. Whose brewhouse is it?
Francis Martin . The other evidence told me this man at the bar was in a store cellar belonging to Mess. Coaker and Grimstead. I got up and went to the prisoner's lodgings, where he was sitting with some beer by him, and a woman drinking. I talked it, and believ'd it to be our beer. He had also some pipe staves, my masters property.
I was servant to Mr. Coaker; I had been at work, and knowing this cellar was open, I went down to get a little beer.
Guilty 10 d.
Elizabeth Burgess. I live at Kensington ; the prisoner was at my house on the 25th of Oct. She asked me leave to make a dish of tea, and sent me for the tea; and after she was gone I missed a gold ring and my Common-prayer-book.
Q. Did you ever find them again?
E. Burgess. By inquiring about I found the ring at a pawnbroker's. The book was brought to me by a person that told me it was found in a vault where the prisoner lodg'd at Knightsbridge.
(The ring produced in court, and deposed to by the prosecutrix )
Q. Did you charge the prisoner with taking them?
E. Burgess. I did, and then she said she did take them.
Q. Where was the ring before you lost it?
E. Burgess. It was put into my tea chest, she own'd she took it from thence.
Q. What did you lend her upon it?
Leen. I lent her 8 s. upon it.
Q. Where do you live?
Leen. I live at Hide-Park Corner.
John Nevel . The woman that found the prayer book in the vault, brought it to the prosecutrix. I being an officer, was sent for, when I took up the prisoner at the bar, and she confess'd she threw it into the vault, and also upon being charg'd with taking the gold ring, she confess'd she took it out of the tea chest; this she also confessed before the Justice.
I went to this woman's house in the morning, and said I was going farther; she desir'd I'd call as I came back, which I did; she desir'd I'd sit down. I staid there till near noon, drinking with her all the time, when I said I'd have a dish of tea; she insisted upon my staying till her husband came home, she was jealous of me and her husband, and wanted to make things up. I spent the value of a crown on her, and she offer'd to lend me this ring to pawn: as to the book, she said I might have that; since this she has said, she would be revenged of me on account of her husband.
For the Prisoner.
John Lewis . I have known the prisoner about eleven years; I never heard any thing of her but what was very honest. She has neglected letting her friends know the case, or she would have had many friends here.
5. (M.) John Jolley was indicted for that he on the king's high way, on Charles Dyer , did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch and seal, value 4 l. and 20 d. in money , his property, Oct. 23 . ++
Charles Dyer . I am journeyman to Mr. Godde, his majesty's sadler. I was coming on horseback over Hounslow-Heath on Saturday the 23d of October, between four and five in the afternoon. Between the powder mills and the eleven mile stone I saw the prisoner at a distance coming towards me. I was on the north side the road coming towards London, and he on the south going from London. He had a handkerchief tied about his head, which hung on one side of his cheek, but did not cover his face.
Q. Had you a perfect view of his face?
Dyer. I had. It was a very clear afternoon, as bright as most days in that season of the year. When he came almost opposite me he stop'd. He had a great coat on, that almost cover'd all his other apparel, out of which he pull'd a pistol. He held it up to the side of my head and said, Sir, your money. I gave him what little matter I had, which was about twenty pence; I know it was under two shillings. He palm'd the money in his hand, and said, Sir, this is not all, or to that purpose. I told him it was. Said he it is very little; Then I thought he seem'd inclined to let me go,
Q. When did you see him again?
Dyer. I saw him after that in the New-gaol, Surry, about three weeks after. I knew him immediately.
Q. How came you to go there to see him?
Dyer. Justice Clark had advertised a person taken with a watch, &c. so I went to the justice and he sent me to the prisoner.
Q. Had you any hint given you which was the person when you came there?
Dyer. No, none at all.
Q. Did you charge him there?
Dyer. I said nothing to him at all. He had my watch upon him when taken, which I swore to.
I own I am guilty of the fact. I am a young fellow, and leave it to the mercy of the court.
Court. You are not now to give an account of another robbery, did you see the prisoner secured?
Ware. I did, and took this watch out of his pocket.
Q. to the prosecutor. Look on it, do you know it?
Prosecutor. It is the very watch that the prisoner took from me on Hounslow Heath.
Guilty , Death .
6. (M.) Sarah Groom . widow , was indicted for stealing two blankets, one looking glass, one linen sheet and two curtains, the goods of Matth.ew Frankland , the same being in a certain lodging room let by contract , &c. October 10 .*
Joseph Mastern. I keep a publick house . I did not miss the silver mug, but remember I had seen it in my house about three hours before the pawnbroker's man brought it in, and ask'd me if I had lost a mug. I at first said I had not, till he convinced me of it.
Q. When was this?
Mastern. This was some time in November, I don't justly know the day.
Q. Did you know the prisoner before?
Mastern. No, I did not. She was an intire-stranger to me.
Q. Was she in your house any time that day?
Mastern. There was a person much like her, which came in at that time; but I can't swear the prisoner is the same person.
Q. Look at the prisoner, do you know her?
Spires. I do not; I never saw that woman before, and can't say this is she. I stop'd it, and the woman, and charged a constable with her.
Q. Was you before the justice with that woman?
Spires. I was; but it was in the dusk of the evening, and I can't swear this is the person.
Q. Where is the constable?
Spires. He is not here.
[As neither of the evidences could identify the prisoner at the bar, she was acquitted .]
Mungo Barnes. I live in Great Peter-Street, Westminster. I lost my hat out of my shop. The prisoner was suspected, and charged with taking it. He confessed he left his own hat backwards, and carried mine out, and went and pawn'd it for half a crown.
Mr. Wilkins. The prisoner brought a hat to pawn to me on the 19th of November, and I lent him half a crown upon it. Since that two men came, and told me the prisoner was in the Savoy for desertion, and he had sent them to my house for some goods which he had pawned. They mentioned two shirts, a handkerchief and a hat. They took out the shirt and handkerchief.
Q. When was this?
Wilkins. This was on the 23d. After that Mungo Barnes's wife came, and demanded the hat, and said it was her son's hat, and that the prisoner
Q. Did you know the hat?
R. Barnes. I did; it was the same hat my husband had lost. The next day I went for it, but he would not shew it me.
Q. to Wilkins. Was the hat you shew'd the prosecutor's wife the same which the prisoner pledged with you?
Wilkins. It was the same.
Thomas Davis . I confined the prisoner in the Savoy as a deserter, and he confessed to me the hat was pawn'd to this Wilkin s. I went there with Mrs. Barnes, and after some difficulty Wilkins's wife did shew it to us. I would not let her take it out, but gave the pawnbroker particular orders not to deliver the hat to any body till we came again the next day. Then I intended to take it with a search warrant, without paying for it. We went with a search warrant. Said Wilkins, have you brought the money. Said the constable, I have something as good as money, and shew'd him the warrant. He gave the constable a punch on the breast, and knock'd him backwards, and in the mean while he ran in, and I suppose concealed the hat, for that was not to be found, although he had ask'd for the money just before.
I went to Mungo Barnes's to be taken measure of for a pair of shoes, and they desired me to help them to remove some goods; they got fuddled, and got me to go and pawn the hat for them, and after that they said they would give me half a crown to fetch it out again. I was taken up for desertion or I had fetch'd it again. I never sent any person for the hat at all.
George Pratt. I lost a silver quart mug on the 30th of September about ten at night; but I was very ill at the time on the bed, so can't say any thing to the prisoner.
Q. Where do you live?
Q. What was the value of it?
Pratt. It was worth about six pounds.
Q. Have you heard any thing of it since?
Pratt. No, I have not.
Mary Pratt . On the 30th of September last three men came into my house, when one wanted to go backwards, and I shew'd him the way. The other two went into a room and called for a tankard of beer. The other man staying backwards so long I went to see what he was at. He was looking into my window, and seemingly doing up his breeches. I found every thing safe in my kitchen.
Q. Was the prisoner either of these three men?
M. Pratt. He was one of the two that called for the tankard of beer, which they had drawn in a silver quart mug.
Q. What time did they come in?
M. Pratt. I believe it was between eight and nine at night. The other came in, and sat in the same box along with them, and call'd for a pint of beer. He drank as if he did not belong to them. He paid me for it, and went out, and in about ten minutes came in again, and sat in the same place where he had before. He called for another pint of beer, and desired I'd put it into their tankard. I said it would not hold it. I put some in, and left the other in the pint pot. I was call'd to go into the cellar to tap a butt of beer, and they all three went away together.
Q. About what time was this?
M. Pratt. This was about ten o'clock. In going out in haste one of them left this hat ( producing a man's hat) I stumbled over it as it lay in the passage between the two doors. I immediately saw I had lost my tankard, and went to the door to see, but they were gone off.
Q. How came the prisoner to be taken up?
M. Pratt. There was an advertisement in the paper of a man's being taken up, and any person that had lost a silver tankard might apply to justice Fielding; upon which I went (that was on the 4th of this instant) and there I saw the prisoner. He ask'd me if I knew him.
Q. What was your answer?
M. Pratt. I said, why do you ask? do you know me?
Q. How long was you out of the room when you went to tap the vessel ?
M. Pratt. I was not gone ten minutes before they and the mug were gone. I had a mistrust of them before I went down, by hearing them say as I passed by them, ''If we an't him to-night we'll have him another night;'' from which I imagined
Q. Was this man ever at your house before?
M. Pratt. No, never to the best of my knowledge.
Q. Did they pay their reckoning?
M. Pratt. No, they did not.
Q. Was the prisoner in irons when you saw him at justice Fielding's?
M. Pratt. Yes, he was.
Q. Was he pointed out to you as a person suspected ?
M. Pratt. No, he was not.
Q. Of your own knowledge did you know him?
M. Pratt. Of my own knowledge I knew his face and person.
Q. Did you point him out?
M. Pratt. He pointed me out, for he asked me the first question.
Q. What was your answer?
M. Pratt. I asked him again if he knew me.
Q. Did you not declare that you did not know him?
M. Pratt. No, I did not.
Court. Be careful, look at him again, and consider.
C. Mowet. I am sure he is one of the three. They had two tankards and a pint of beer. I was in the room almost every moment.
Q. What sort of a mug was it?
C. Mowet. It was a quart silver mug.
Q. Did you see them go away?
C. Mowet. No, that was all the time I was out of the room, being with my mistress helping to tap a butt of beer. We made what haste we could. She said, she was afraid something would be lost, as my master was ill a bed.
Q. How was the prisoner dress that night?
C. Mowet. He had a blue futcout coat on.
Q. What time did they come into the house?
C. Mowet. I don't exactly know the time. It was after candles were lighted.
Q. Was you at justice Fielding's?
C. Mowet. I was, and knew him at first sight.
Q. Did you say so then?
C. Mowet. I said I never saw him but that one time before; but was sure he was one of the three men.
Q. What did he say to that?
C. Mowet. He bid me look at him two or three times.
I never was in the prosecutor's house in my life. I was taken on board a ship which I belong to, and brought here in irons on suspicion of stealing of tankards. My irons made me remarkable to be known. The justice told me if it cost him a thousand pounds he'd have my life. He ordered every person (as they came in) into his back room, and told them I was the man, and he would open to them a great scene of villainy. He told me I should certainly be hanged, unless I discovered my accomplices.
Guilty , Death .
Aaron Young . On Monday the 4th of October about eight at night a man well dressed, with a silver scollop'd laced hat on, came into my house, look'd in at the kitchen door, and saw a great deal of company. He turn'd about to another room, and call'd for a light.
Q. Where do you live?
Young. I keep the Checquer , in Checquer-Court, Charing-Cross . I ordered my servant to carry in a light, and went up stairs myself, and in less than half an hour I was informed a man had jumped out of the window with my tankard.
Q. Did you ever see your tankard again?
Young. No, never.
Q. When had you seen it last?
Young. I had seen it about five minutes before that man came into my house. I can't swear the prisoner is the man. I went to justice Fielding's, and had the man described by those that saw him, and had him and the tankard advertised.
Q. Can you speak with certainty, or can you not?
D. Young. I really believe the prisoner to be the person. He called for a light, a tankard of beer, and pen, ink and paper, and went into a little room by himself. There was no way of making an
Q. to prosecutor. What is the value of the tankard ?
Prosecutor. It cost me nine pounds five shillings.
Q. to D. Young. How did you find the window?
D. Young. The sash was quite thrown up, when he was sitting in the room a writing the sash was down.
Q. Was you in the room when he was ?
D. Young. I was, when he had wrote two lines and a half on the paper.
Q. How long before he quitted the room?
D. Young. I had seen him and the tankard not three minutes before he was gone.
Q. Are you certain as to the prisoner?
Saul. I am, I know him very well; I saw him at Justice Fielding's since, and knew him at the first sight.
Q. Did you see the prisoner come in?
Saul. No, he was sitting in the parlour when I saw him first, he went in there of himself; I went to him, and ask'd him what he'd please to have; he said, My lad get me a tankard of beer, or porter, I can't say which. I carry'd it to him, then he said, My lad, get me a pen, ink and sheet of paper. I carried them to him; then he said, If one Williamson should come to ask for one Williams, shew him in here. I went and left word at the bar with my mistress immediately; after that I went in to snuff the candle, he was sitting writing, and a little time after that came a young woman for a pint of beer, and change for a shilling. I went to the bar, and desir'd my mistress to get the change ready against I came up with the beer; immediately as I came to the door the young woman said, Joe, what is the matter, there is a man come out at the window. I saw the window open, and candle burning. I ran out into the street to see if I could catch him, but could see nothing of him.
Q. Did you see the sash was down that night?
Saul. Yes, I know it was, and the shutters put to, but not bolted within side.
Q. When did you see the tankard last?
Saul. The tankard was standing by him when I went in to snuff the candle.
Q. from the prisoner. Did not you say the first time you saw me at Justice Fielding's you did not know me?
Saul. No, I did not; as soon as I saw his face I told Mr. Fielding that was the man, for I knew his face.
Eliz. Hewit. I went for a pint of beer to the prosecutor's house on the 4th of Oct. at night; while I was standing at the door, I saw the parlour window open, and a man came out at it; he came to me, and ask'd me if I saw any body knock at that window. I said no. He went back, seemingly to get in again, but instead of that he ran directly away into the street.
Q. If he had been minded to have got in again, was it easy for him so to do?
Eliz. Hewit. Yes, very easy.
None of these people ever saw me before they saw me at Justice Fielding's; even that Saul said he could not positively swear to me. I never was in the house in my life. Justice Fielding call'd them all into a private place, and when they came out, then they said to the best of their knowledge I was the man.
Saul. I was positive to the prisoner before the Justice had spoke a word to me.
Guilty , Death .
Mr. Edlington. The prisoner at the bar served us in the capacity of a porter , during which time we had much reason to suspect his fidelity; in the month of May he left us, and after he was gone, Mr. Wooley, my father, refused him his box, saying he would see the inside of it before it went away; he said he had not got the key about him at this and the other time when he came, but he would bring it. This past on for 4 months. Mr. Wooley was disatisfied, so he went to my Lord-mayor, and got a warrant and broke it open, and in it we found 21 pair of thread stockings, and 4 pair of cotton ones, and sundry other things, our property.
Q. Who are your partners?
Edlington. Wooley and Hopkins.
Q. Are you certain as to the goods?
Edlington. I am, they were of our own manufacturing.
Edlington. On the 4th of November.
James Compton . I was sent for about the begining of November last to Mr. Wooley's in Cheapside; there was a search warrant given to me, and I was order'd to break a box open, which they said belong'd to the prisoner; I broke it open, and found in it these stockings ( producing 25 pair ) a pair of muffatees and a piece for breeches. After that I went and took the prisoner, and carried him before my Lord-mayor, and he was committed.
Q. What did he say for himself ?
Compton. He said he was very sorry, and if his master would forgive him, he'd never do the like again; it was the first time he ever did so.
The box lying in that house, some body might have a spite against me, and put them in; I never put such things in.
For the Prisoner.
Mr. Townsend. My master Mr. Butler wanting a footman, the prisoner came to offer himself as such. I lik'd the appearance of the lad very well, and hired him for a footman (all but his character.) I went to Mr. Wooley's house for his character; one of the partners in the shop gave me a very good one of him. I asked the man in the shop if he thought him an honest man, who replied he was. I hired him, and he lived with us from the 26th of May to the 12th of Nov following, during which time he justly fulfill'd his trust. I have twice sent him out to change bank notes, one a 20 l. and the other a 30 l. he brought the change to me; once I sent him with our plate to the silversmith to have it weigh'd, when the plate act commenced; he brought it safe. During the time he lived with us, we don't know we lost the value of a halfpenny in any thing. He behav'd very well. Part of the time he was with us we were in the country at my lord Arran's, where was a great quantity of plate; we lost nothing there.
John Hall. I was with the prisoner at my lord Arran's in the country, where was great quantity of liquor; he behav'd with a great deal of sobriety and order. I do not remember I ever heard him swear an oath, he gain'd the esteem of every person for a sober diligent servant, I believe no body, during that time, either heard him swear or saw him in liquor.
John Burch. As I was going along Fenchurch-street , with a little girl in my hand, I felt a hand in my pocket; knowing it worth but little, I let it go, and two or three minutes after that Mr. Sherlock follow'd me with the prisoner and the handkerchief, and said he saw him take it from me.
Daniel Sherlock . On the 13th of Sept. last, Betwixt 8 and 9 o'clock, I was standing at the corner of Philpot-lane, making water: going on I saw the prosecutor and prisoner before me. I saw the prisoner make a motion at the prosecutor's pocket, and draw out his handkerchief, and drop it behind him; there was a man which followed him, whom I took to be his accomplice; he seeing me come up at that instant, cross'd the way, and made off with some precipitation. I took up the handkerchief, and followed the prisoner and prosecutor about 40 yards, and then laid hold on the prisoner's collar. I tap'd the prosecutor on the shoulder, and ask'd him if he had lost any thing; he felt in his pocket, and said he had lost his handkerchief. I shew'd him this; he said it was his handkerchief, so he charg'd the constable with him.
The prisoner had nothing to say in his defence.
John Lewis Bodeaur . On the 30th of Oct. last, between 1 and 2 o'clock, I was at Guildhall ; I felt a hand in my pocket, turn'd about and saw it was the woman at the bar, I felt and missed my handkerchief, and charg'd her with it, she said she had not got it; at last I perceiv'd it under her arm. I took her before my Lord mayor, who examin'd her, and sent her to the Poultry Compter.
I never was near that man, I pick'd the handkerchief from off the ground.
Q. Did he own he took it?
More. No, he did not; but he said going along if I'd let him go he'd never do so any more.
Q. By what do you know your handkerchief?
Q. Did you feel him take it?
More. I perceived his hand in my pocket, and my handkerchief go.
I pick'd up a handkerchief in Fleet-street, and coming by this gentleman he laid hold on me, and said I had picked his pocket, but I never touch'd his pocket.
To his Character.
Q. What is his general character?
Price. He has a very honest character.
Q. What is his business?
Price. He is in the watch way.
Q. What is his general character?
Hebirt. It is very good.
Mrs. Welch. I keep the Bull and Butcher in Smithfield, I never heard any thing amiss of him before this.
Parker pleaded guilty as soon as set to the bar.
Robert Mairis . On the 25th of Oct. the two prisoners came to my shop, and Parker desir'd I'd measure him for a pair of shoes. I measur'd his foot, and after they were gone I missed two odd shoes, made of callimanco; about an hour after that I was sent for to Justice Welch, where were the two prisoners and the two odd shoes (I have the fellows to cach to produce.)
Q. to prosecutor. Look at these shoes.
Prosecutor. They are my property, there is my name on each of them.
Gibons. Parker brought these shoes to me.
Q. Did he come alone ?
Gibons. I did not know that any body was with him then, but afterwards I found there was. I asked him how long the shoes had been made, he said about a fortnight. I said they were not made so long; he would have laid me a guinea on it, and that one John Edwards made them; he went out to fetch him, as he pretended. I followed him, and heard him say to Simpson, Damnation to the shoes, they are stopt; then we thought proper to take them. My father took Simpson, and I pursued Parker, who took a run round, and I seized him as he came very near my door.
Q. Where was Simpson when Parker went out to him?
Gibons. He was walking backwards and forwards, within about 3 or 4 yards of my door in the alley.
Gibons the Elder. Parker brought these shoes to me. I asked him how he came by them, he said they were given to him by a countryman to pawn. I desir'd he'd be so good as to fetch him; he went out of the shop, my son looked after him, and said there is another man join'd him; I went out, and they parted. Parker went down Little Queen-street, and Simpson cross'd the way; I went over to Simpson and asked him if he knew that gentleman, he said what gentleman, I said that gentleman that was with you; he made a stop for some time, and said a man spoke to me and ask'd me to go and drink a glass of wine. I ask'd Simpson if he'd go to our house and look at the gentleman; to see if he knew him; he said yes. I said if you know him to be an honest man, you'll give him a character; he came with me, my son had taken Parker, and I ask'd Simpson if he knew him;
Parker asked me to go into this shoemaker's shop to bespeak a pair of shoes, after that he told me he had something to pledge, and said he had some money to pay to a person in Newgate-street. There was an execution against him. He bid me stay without till he came, which I did.
John Murphy . I and my wife sell fruit , the prisoner was in distress; we let her lie in our room out of pity, and she lay there from Tuesday till Saturday, in which time she took a gold ring and 7 s. in money out of our room.
Q. How do you know that?
Murphy. Because they were found in her custody.
Q. From whence did you lose them ?
Murphy. They were taken from out of a little box in the window; the governor of the workhouse of St. George's parish caused her to be taken up.
Q. Did any body else lie in that room?
Murphy. No one but I and my wife, and a little child of about eleven years of age. I swore to the ring before the justice.
John Lewis . I was sent for after the prisoner was apprehended, being one of the beadles of the parish; I took charge of her, and asked her some questions about the ring and money; she took out a ring from her pocket, and gave it to me, and said she had spent part of the money.
Q. Did she own she had taken the ring and money?
Lewis. Yes, she did. (The ring produced.)
Q. to prosecutrix. Look at this ring?
Prosecutrix. This is the same ring I lost, it is my property.
The prisoner had nothing to say in her defence.
Elias Pugh . On the 3d of last month my wife call'd me down stairs. There was the prisoner in the shop. She told me he had robbed her of a watch and ran away. I charged him with it, and he partly owned it.
Q. In what words did he partly own it?
Pugh. He said he'd go any where to serve his majesty, by land or sea, if I'd release him. I asked him his name. He equivocated with regard to that. First he said it was Ilford, and then Shepherd. I took him before the justice. The justice ask'd him if Ilford was his real or his travelling name; but a person came in, and said his name was Shepherd.
Q. Is your wife here?
Pugh. No, she is not. She is very ill.
Q. Do you know any thing of his taking the watch, of your own knowledge?
Pugh. No, I know nothing of that, but by information of my wife.
Q. Was the prisoner present when your wife gave you this account?
Pugh. He was.
Q. Then you may tell the court what your wife said in the presence of the prisoner.
Pugh. She said he came in, and asked if she had any watches to sell. She told him she had some that would come pretty cheap. She seeing him look like a countryman, shew'd him a large one. He said, that is too big. Then she shew'd him a less one, and in coming to the head of the staircase, and calling to me, Are you coming down he laid his hand on this watch ( producing one ) [This is my property ] and ran away with it, and she skream'd out, and call'd stop thief, upon which he came back. She met him, and he gave her the watch, and wanted to go away, but a person laid hold on him, and brought him into the shop, where I found him on my coming down stairs.
Q. Was your wife before the justice?
Pugh. She was.
Q. Did she mention the same there in the presence of the prisoner ?
Pugh. She did.
Thomas Betsworth . I was going by Mr. Pugh's shop, and saw the prisoner in it about a quarter of an hour after eight in the morning. Coming back again I heard the gentlewoman say, Are you coming down? I passed by the door, and in about half a minute's time she cry'd thief, stop thief. The prisoner went about ten paces from the door, and
Mr. Lesley. I am a constable. I was charged with the prisoner at the bar, and took him before the justice.
Q. Did you hear the evidence Mrs. Pugh gave there?
Lesley. I did.
Q. What did the prisoner say for himself?
Lesley. He could not deny it, and beg'd he might go on board a man of war.
I had no design to run away with the watch. I saw a man that I knew very well in the street, and I thought he might know a watch much better than I, so I ran out to call him, and left the watch case on the counter.
Q to Betsworth. Was it in but one case when you saw it in the prisoner's hand, in the street?
Betsworth. I can't tell whether it was or not.
Guilty, 4 s. 10 d.
John Adkinson . I lost a coat and a pair of buckskin brecches out of the house of John Chappel ; but I know nothing of the taking them. The prisoner and I both lodged in that house. I had not lock'd my room door when I went out, the time I lost them. I advertised them, and heard of them again by Mr Doleman.
William Doleman . I keep a sale-shop. The prisoner came, and offer'd this coat to sale to me. I observed it was worth much more than she ask'd me for it; so I said, I'd see the person that own'd it. She led me about to many places: First to Charterhouse Square, and then into Oxford Market. There she gave me the drop. After that I saw her, and laid hold on her, and she was known, and so I came by the knowledge of the prosecutor.
There was one Mary Piper lived in a room over against the prosecutor, in the same house. She desired I'd go and pawn these things, so I went and pawn'd them, and brought the money to her. Then she desired I'd go and fetch the coat out, and sell it for her. She had got a black eye, that she could not go; so I went to this gentleman's, and he stop'd me.
Q. to Doleman. Did the prisoner say how she came by these things?
Doleman. She said she took them.
Doleman. No, she did not; but when she came before the justice she said one Mrs. Piper gave them to her, but not to pawn.
James Wilson . I am a victualler , and live at Temple-Bar . The prisoner had used my house about a fortnight or three weeks, and seldom missed coming every night. He came on the 7th of November, being Sunday evening, and called for a pint of beer; I drew it in a silver mug. He drank it in the publick room, and walked out. I had no suspicion of him, not seeing him go out. Soon after he was gone I missed the mug.
Q. Did he drink alone, or in company?
Wilson. He had no company with him. He sat alone at a table.
Q. How long after he was gone might you miss the mug?
Wilson. It might be ten minutes.
Q. Did he pay for his beer that night?
Wilson. No, he did not.
Q. Had he always used to pay?
Wilson. Yes, always. I made inquiry after him, and took him on the 12th, being the Friday following. After that he confessed he had taken it, and where he had sold it, and would make me satisfaction.
Q. Where did he confess this?
Wilson. This was to me, at the Swan tavern, in the Strand. He owned also he had crased my name from the bottom of it. There was my name there, and where I lived.
Q. What time did the prisoner come to your house that night?
Wilson. I believe he might come in between five and six.
Wilson. There were. He called for the beer before he went into the room, and then went in.
Q. What number of people might there be in the room?
Wilson. There might be half a score or a dozen.
Q. Did any sit near him?
Wilson. No, none sat at the place he did. There was one sat opposite to him.
Q. How near to him?
Wilson. It might be two yards distance.
Q. In the time he used your house did you observe any thing in regard to his mind, or did you think he was something odd in his behaviour?
Wilson. I did think he behaved oddly sometimes.
Q. Do you think it was owing to liquor?
Wilson. I can't pretend to say it was. Sometimes I thought it was, and sometimes not.
Q. How would he behave, as you call oddly?
Wilson. I observed he'd be very odd in contradicting people, or so.
Q. Did not he at all other times pay you punctually for your liquor?
Q. When was this?
Plumber. It was on a Sunday.
Q. Did he hide it as he carried it out?
Plumber. No, he did not. I thought he was going to leave it at the bar, being a gentleman-like man.
Q. Could you see the bar from the common room you were drinking in?
Plumber. No. In a little time Mr. Wilson missed the mug, and came to inquire after it in the publick room.
Q. Did he offer at all to hide it?
Plumber. No, he did not.
Q. How long after you saw him take the mug was it that Mr. Wilson came in, and said he had lost it ?
Plumber. It was within a quarter of an hour, I dare say.
Q. Did you know the prisoner before?
Plumber. I never saw him before to my knowledge, or since, till now.
Q. Did you ever buy a silver pint mug of him?
Hastings. I did. (Producing one.)
Q. to prosecutor. Look at this mug, do you know it?
Prosecutor. This is my property, and which I lost at that time.
I must own myself guilty of the fact, and I beg the court to be as favourable to me as possible.
For the Prisoner.
Thomas Harris . I have known the prisoner about 21 or 22 years. I never knew him guilty of any thing of this sort, far from it. When I first knew him I looked upon him to be one of the first rank in the country; a man of good reputation, and character. But latterly I have had transactions with him, and have really thought he was not of sound mind, from a great many actions of his that I could mention.
Q. What are you?
Harris. I am an apothecary.
Q. Give the court some instances wherein you have thought he was not of sound mind.
Harris. When I have came to talk with him he has sometimes threatened to destroy himself, declaring he was tired of life. I have argued with him on the head of self-murder. He would say he was tired of the world, and he should really be glad if he could be convicted for any capital offence, so as to be taken out of the world. When there has been any thing taken out against him, and he has been informed of it, to keep out of the way, he has immediately gone to the person that has taken it out, that he might be taken. He was formerly bred to a trade, and after that he lived on his estate, in a very genteel manner.
Mr. Reeves. I am very well acquainted with the family of this gentleman. I have had occasion to go to see him in prison, and have sometimes thought him not quite in his right mind.
Q. Did you think it was owing to liquor ?
Reeves. No, he has had no liquor at all those days, as I have been informed. Several times his discourse seem'd to be such.
Reeves. There were people in the gaol said, they did not believe him right in his mind.
Guilty 39 s.
Sarah Bayley. I go about the streets for my livelihood, and so does Ann Fauklin . She followed me, and I could not get rid of her. On the 25th of October she came into my room, and saw where I put my things. I left my window and door fast, and when I came home I found my window broke, and my door open. I went to her, and charged her with doing it. She denied it at first. At last she owned the did it, and took my gown, shift, caps and handkerchief. She gave me my gown and shift again, and said she drop'd my caps as she was carrying them away.
Charle Crowson. I heard the prisoner own she took the things mention'd, and she delivered the gown and shift to Sarah Bayley in my sight, and said she had lost the four caps, and promised to pay two-shillings for them.
Q. Did she say she took the things?
Crowson. She said she had got the things, but did not say she took them.
Guilty 10 d.
21, 22. (M.) Elizabeth Davis and Jane Harding , spinsters , were indicted for making an assault on Elizabeth wife of Charles Jones , on the king's highway, putting her in corporal fear and danger of her life, and stealing from her person one silk hat, value 5 s. and one linen cuff of a gown, value 4 d. October 28 .*
Elizabeth Jones . I was coming home on the 28th of October between eight and nine o'clock, and at the end of White-Lion Street, near Cable-Street , there were four women standing together, who followed me. I had a handkerchief tied over my breast behind. Elizabeth Davis , one of them, tried to untie it. I turned round. Then she gave me a blow on the side of my face, and somebody took off my hat, and the cuff of my gown. The other three all struck me after this. and I called out murder. There was a cloaths shop door open'd, and one Jeshua Lynch came to me, and asked me where I lived. I said in Rose and Crown Court, Church Street. Elizabeth Davis struck me three time after the shop door was open'd. As I was going home I met an officer, and told him what I had lost. I saw Elizabeth Davis standing by an oyster basket. I had her taken up and carried to the watch-house. She told the officer of two others, who were taken up the same night; but I could not swear to them. Then Davis told the constable that Jane Harding had my hat, so she was taken up. When she was brought I knew she was one that struck me; but who had my hat I know not.
Q. Did they demand any thing of you when they struck you?
E. Jones. No, they did not.
Q. How far was it from the place you was thus used, that you saw Elizabeth Davis at an oyster basket afterwards ?
E. Jones. It might be about five yards.
Q. How long after you was robbed was it, that you had her taken up?
E. Jones. It was not above five minutes.
Q. Have you ever met with your hat again?
E. Jones. No, I have not.
Thomas Jeffs . I was the officer. I was going to serve a warrant in Church-Street, and met the prosecutrix and Lynch together. She told me she had been rob'd of her hat, and a cuff of her gown, and told me where. We turned back, and saw this Davis, and another girl, with a basket of oysters. She said Davis was one that had robbed her. I took hold on her, and the other made off directly. I took her to the watch-house. She was very stubborn, and threaten'd she would stab the woman if she was sent to gaol. I said there were three or four more with her, and if she would tell who took the hat it might be the better for her. She told us of two more, and we took them up by her direction; but when they came the prosecutrix cleared them. Then Davis said she took the hat, and tossed it to Harding; so Harding was taken up.
I was coming along with another young woman with some oysters. We saw a little sort of a mob about a door, and we put our basket down to look at it. I saw that woman [meaning the prosecutrix]
I was not there, I know nothing of it.
Both acquitted .
23, 24, 25. (M.) Mary Paul , spinster , Mary Field , widow , and Sarah Field , spinster , were indicted for stealing three linen shirts, value 10 s. four linen sheets, value 8 s. three linen tablecloths, value 8 s. one dimity petticoat, four napkins, two towels and three prints , the goods of the rev. Joseph Stennett , D. D.
Dr. Stennett. About six weeks ago Mr. Morris and Mr. Warburton, two strangers to me at that time, came and inquired whether one Mary Paul had been my servant, saying, they believed I had been robbed by her, and another person, and that some of the goods had been sold to them. As to the linen I can't pretend to know any thing of it; but there are three prints that I can be positive to. ( Three prints of the duke of Marlborough's battles produced in court.) These I know are my property.
Q. Where were these prints found ?
Dr. Stennett. I am not certain where, they were brought to my house.
Q. Did you miss them out of your house?
Dr. Stennett. No, I did not; I had been at the Bath.
Dr. Stennett. She was, but there were many goods lock'd up.
Mrs. Stennett. Last year about the 5th or 6th of May, upon the account of the Doctor's health, we went to the Bath, and the prisoner Paul had not been long in my service then; we left her in the house with the whole care of it, and put out the plate and other particular things. We staid longer than we intended, for going to our house in Wales we were detain'd, so that we did not come home till the begining of Oct. When we return'd I found her by herself. I did think of discharging her immediately, by reason of the extravagancy of her bills, but the Dr. desir'd I'd keep her a little longer. I had not been at home long before I missed a little linen, sheets, table cloths, napkins, and the like. I was very solicitous, and inquir'd of my own maid, and sometimes I suspected my own memory, thinking I might have misplaced things, rather than accuse her, for fear she should lose her character; I still missed more and more, for the robbery was not all done while I was out of town, but (as they have confessed) it was committed when we were out on a Sunday. I never knew what was become of the linen till some of it was brought to me, which I knew, because it was mark'd by me; Mr. Morris and Mr. Warburton gave us the first intelligence. I have missed much more, but have mentioned nothing in the indictment but what were brought back (a parcel of linen produced in court.) I am sure these are my property, all mark'd by myself, except one sheet. The first parcel was brought by Miss Overal, the second by Mr. Morris, and the third by Mrs. Tisey; here is in the last an under-petticoat, a breakfast cloth, and two towels; they had overlook'd one of them, and mark'd it for own, but here is my mark, an S upon it, was being in white silk they had not observed.
Q. Did you not give Mary an' a good character?
Mrs. Stennett. I thought honest, and I gave her a character that I did not charge her with dishonestly.
Q. Did she own she took the things away?
Mrs. Stennett. I heard her own before justice Fielding that the old woman took them out of the house, and she gave them to her.
Q. In what words did she own first?
Mr. Morris. Last July was twelvemonth. Mary Field , the elder of the prisoners at the bar, brought a parcel of linen to my house, and told me she had them to dispose of for a friend; upon inquiring whose property they were, she hesitated, but upon my insisting upon knowing whose they were, she made use of a gentlewoman's name, Miss Ann Overal . I had some knowledge of her person. I have known the prisoner upwards of 5 years, she had nursed my wife in 2 or 3 lyings-in; during which time I thought her honest, and not suspecting the truth of what she had told me, I purchased the linen, which consisted of 2 odd sheets, a night shirt and dresser cloth, for which I gave 16 shillings.
Mrs. Stennett. The coarse shirts are not here.
Q. What is her name?
Morris. Her name is Rachael Atkerson ; then I sent my wife to inquire of Miss Overal, who declared she had never given Field any such things to sell. Then I waited on Dr. Stennett and told him the whole affair; and upon this the prisoners were taken up.
Q. When did she bring them?
R. Morris. I can't say as to the day of the month. The last parcel she brought I think was in the Nov. following. I had such an opinion of her honesty that I recommended her wherever I could.
Eliz. Tisey. I bought some things of Mary Field some time last summer was 12 months, but can't say the exact time; she said they were a friend's of her's that wanted to dispose of them. I look'd them over, and said I was not a judge of them, but I would send them to a friend that was. I had them 2 or 3 days; she asked me 16 s. for them; my friend valued them at 15 s. After that she sent her daughter Ann, whom I told they were valued at 15 s. She said she dare say the person whose they were would not stand for a shilling. So I bought them (I think there were 4 napkins and a table cloth.)
Rachael Atkerson . Mary Paul told me about 4 months ago that she was very uneasy, and beg'd of me not to be drawn in by Mrs. Field, who had advised her to rob her master's house, and said she must discover it if I did not. She told me also there were some pictures in Mrs. Field's room that came from Dr. Stennett's house. I asked Mrs. Field's daughter where they came from, and she said they were bought in Moorfields.
Mrs. Stennett. Mr. Morris gave me an account of these pictures being in Mrs. Field's room.
Q. to Atkerson. Do you know the prints again?
Q. What did you give her for them?
A. Overal. I gave her 30 s. for them. She told me they were a lady's that had more than she had occasion for, and she had a mind to dispose of them.
I did not take any thing out of the house.
Mary Paul asked me to go and drink a dish of tea with her on a Sunday in the afternoon; then she asked me if I would take a bundle and carry to my mother's. I said what is it, she said it was linen for my mother to mend; so I took it, and carried it to my mother's room, and never saw it afterwards. She came once to our room and left a bundle with me, the outside was an under-petticoat.
Q. What is her general character?
Mrs. Overal. A very good one.
Q. What is her general character?
Overal. Her character was very good.
Mary Field .
Q. How long have you known her?
A. Warburton. About a year and a half; I never knew any ill of her before this.
Q. What is her general character?
M. Elpingstone. A very good one
Mrs. Stennett. I beg leave to mention the old woman sold some of the linen in the name of Mrs. Warburton, and what she sold to Mrs. Morris was in the name of Miss Overal.
Mary Shewsmith . I may have known Mary Field by sight three or four years. She nursed a gentlewoman in my house, and behaved as an honest good nurse. I trusted her where is seldom less than forty or fifty pounds worth of plate. I missed nothing to my knowledge.
The prosecutor not appearing she was acquitted , and the recognizance order'd to be estreated.
William Clark. On the 27th of November last I lost a brass candlestick, a pot-lid, and a stew-pan
Q. Why do you charge the prisoner?
Clark. I have a witness here that stop'd the pot-lid. When the prisoner was taken up, he said he knew nothing about the things; but before the justice he acknowledged the taking of them.
Q. When was this?
Frankline. I don't know the day of the month. It was about two months ago.
Q. to prosecutor. When did you lose this pot lid ?
Prosecutor. I did not come into the house where I live, till old Michaelmas day, and I lost the things about three week after.
Mrs. Deadley. The prisoner's wife brought a stew-pan and candlesticks to me, and I bought them.
Q. What did you give her for them ?
M. Dindes. I gave her one shilling and six-pence. Before the justice I heard the prisoner say he sent his wife with them.
William Corner. I am a constable. Last Sunday was seven night, at night, Mr. Clark's wife brought me a warrant to take up the prisoner at the bar. I did so, and took him before the justice; but he would not confess. The justice committed him for farther examination. On the Monday I had a search warrant. I went to the house of the last evidence, and found the stewpan and candlestick, and brought them before the justice; where the prisoner's wife said, her husband sent her with them to sell, and at last the prisoner confessed he took them.
I never was before a justice of the peace in my life. I had lived in the house of the prosecutor, and found these things lying upon the stairs there.
Guilty 10 d.
William Smith. The day before my Lord mayor's day, as my Lord mayor was going up the stairs at the Mansion-House , having been at Guild Hall. I saw the prisoner pick a gentleman's pocket, and get into the thickest of the mob. I told the constable of it. shew'd him the prisoner, and described the handkerchief. I having but one leg could not follow him. The officer took him. He was searched, and the handkerchief which I had described found in his pocket, and four others.
William Martindale . On the 8th of last month about two o'clock, the other evidence pointed out to me the prisoner at the bar, and said he had pick'd a gentleman's pocket of a handkerchief. I took hold of him, and took the handkerchief and four others out of his pocket. Then I told him we should take care of him, and deprive him of his market on the morrow. He said he bought the handkerchiefs of an old cloaths man in the street;
I bought these handkerchiefs in Holbourn. When I came into Cheapside I took one out to wipe my face and put it into my pocket. Then they came and stop'd me. Why did they not stop the gentleman as we I as me?
Smith. If I had went to a prize the gentleman of it, the prisoner would have got away.
Prisoner. You ran after me, why could not you run after him ?
The prosecutor not appearing, she was acquitted .
William Vaughan. I was below in my cellar on the 2th of November, in the afternoon, cutting some wood. I heard somebody go into my shop, which I thought to be a customer; I hearkened a little time, to hear if my wife went into the shop. I went up into the shop, and there I saw the prisoner at the bar, behind my counter. I asked him what he wanted. He held up his hand, and said '' Say nothing, and I'll give you half'' I said, what will you give me half of, and as I was going round the counter he put 5 s. 6 d. into my hand; then I laid hold of him. He shew'd me the place where he took the money, which was out of a till.
Q. Don't you lock the till?
Vaughan. There was never a lock upon it. I had ordered a neighbour to put one upon it some little time before.
Q. Was the till drawn out?
Vaughan. The till was standing on the ground. There were in it about ten or twelve shillings in half-pence.
What is laid against me I am very innocent of.
For the prisoner.
Joseph Harison . I live at the Royal Oak a publick house, near St. Giles's . A two months ago I lost two crown pieces and being, surprised, I examined a little boy thinking he might take them for play pieces; but found he knew nothing of them. A few days after that I missed a guinea There were 4 l in silver in another place. I told that over, and in a little time after I missed a guinea out of that. After that I told it again, and found it reduced to 26 s. and 6 d. Soon after it was reduced to 19 s. and 6 d. This last was on the 17th of November. I told the affair to an acquaintance, named Clark, and that I suspected the prisoner to be the man, and wanted to catch him. On Friday the 1th of November, in the afternoon, the prisoner came into the kitchen for a pint of beer. He sat down, and seem'd to sham drunk, pretending to go to sleep.
Q Why did you suspect the prisoner?
Harison. Because he had lately flash'd his money about and he was known not to be in work, nor had been for a great while.
Q. Did he use to come often to your house?
Harison. He used to come about 2 or 3 times in a week. After he had lain with his head down on the table some time, he remov'd from the kitchen into the drinking room, and slept there till about a quarter after seven; then there came a gentleman in, and the prisoner seeing me busy with him, he made his move. I had given my daughter a charge to mind him; presently my daughter deliver'd a candle into my hand, and said he is gone up stairs. I went and followed him up; there was a key in my room door where I lie. I said I am certain I have a thief in the room, but I can't see him. I call'd up Mr. Clark immediately, and said to him the thief is in the room, but he is invisible; but looking under my bed, there I found the prisoner. I took him by the heels and pull'd him out; he at first look'd very pale, after that he began to be impudent; said I, are not you a villain to offer to ruin a family in this nature; said he, I have got nothing of yours, you can't hurt me; you must send for an officer, you are not to detain me here yourself. I sent for an officer immediately, and we examined his pockets, but found nothing but 6 d. and a
Q. What answer did he give you when you charg'd him with taking your money?
Harison. He always deny'd it.
Q. Where was your money kept?
Harison. It was kept in a cabinet in that room.
Q. Did you keep that cabinet always lock'd ?
Harison. I did, but I observed it lately to be alter'd and spoil'd very much, and the escutcheon almost pull'd off and scratch'd.
Q. Did you charge him with altering the lock before the justice?
Harison. No, I did not.
Q. Did you find any thing about him that would open the cabinet lock?
Harison. We found no key, only a hook.
On the 19th of November last (having used the prosecutor's house three or four years) I went in there very much in liquor; he said I call'd for a pint of beer, whether I did or not I don't know; he said I laid my head down on the kitchen table, but I can't say whether I did or not; I know after I had been in the kitchen I stumbled in going into the tap room, where I laid my head down in a box; after that I went up stairs and open'd the door with my lodging room key, and thought I was at my own home.
Q. to prosecutor. Did you try that key of his, whether it was the prisoner's lodging-room key or no?
Prosecutor. I did not.
Prisoner. As I was going to lie down the gentleman came up stairs, and said he had got a thief, which put me in my senses almost. I out of surprise ran and hid myself under the bed; he said he had got the thief, and laid hold of my legs and pull'd me out. I was search'd, and they found but 6 d. and three half-pence about me; they took me to Justice Welch three times. I never saw any thing of the prosecutor's money, nor never knew where he put it.
Thomas Brooks . I was absent about ten minutes; when I return'd home the prisoner was apprehended. She hearing I was the master of the house, desir'd I'd let her go, and said she would never do so any more.
Q. What was she charg'd with?
Brooks. The sheet was found with the prisoner, who was charg'd with stealing of it. I was with her before the justice, where she own'd she had taken the sheet.
Ustretia Mathews. I am servant to the prosecutor; I had been washing on the 5th of November backwards. I had hung a sheet upon the line. I open'd the back-door and saw the prisoner going out. I look'd and missed the sheet from off the line. I made after her, took hold on her, and she had got it; she said she'd never do so any more if I'd forgive her.
Q. Was you before the justice?
U. Mathews. I was there, I heard her confess she took it.
Q. Whose property was it?
U. Mathews. It was my master's property.
If the court will forgive me, I'll never do the like again.
Guilty 10 d.
Q. Whose were they?
Porter. They were my father's property.
Q. What is your father's name?
Porter. I am partner with my father.
Ann Dove , spinster , was indicted for stealing one silver watch, value 5 s. the property of Robert Hunt , privately from his person , November 18 . ++
Robert Hunt . I belong to the first regiment of foot guards . On the 18th of November I was quarter'd at Somerset-house in the Strand; going home between ten and eleven o'clock at night, I was a little in liquor, fell down, and this Ann Dove came up to me.
Q. Where do you live?
Hunt. I keep a house in Strutton-ground, Westminster; she asked me if I would give her a pint of beer. After I had got up and washed my hands, I said with all my heart, and went in at the Star and Garter in the Strand; the people would not let me have any beer, they said I might have a dram. We came out again, she laid hold of my watch string, and pull'd it out of my fob directly. I catch'd hold of her, she call'd out watch, and the watchman came up. I told him she had got my watch, she said she had it not. I charged the watch with her, and going along, just before we came to the watch-house she own'd she had got it, and pull'd it out, and gave it to the watchman.
Q. Did you know any thing of the prisoner?
Morris I know she is a woman that walks the Strand; the man charg'd me with the prisoner, and going along she paused upon it; after some time she took the watch out and delivered it to me, and I gave it to him.
Q. What did she say for herself before the justice?
Morris. She made no manner of defence at all.
He pick'd me up, I refused to go with him; he offer'd me a shilling to lie with him, but having never a shilling, he gave me his watch in my hand to hold the while. He lay with me, and after he had done he gave me two slaps on the face, because I would not deliver the watch to him without the shilling. Then he call'd the watch and sent me to the Round-house.
Q. to prosecutor. Is this true or false?
Prosecutor. I don't know whether she is a man or a woman.
35, 36. (M.) Elizabeth wife of Richard Evans , and Margaret Smith , spinster , were indicted for stealing twenty yards of silk ribbon, value 10 s. the property of James Lawder , in the shop of the said James , Oct. 22 . ++
James Lawder . I live at the corner of Church-Street in the Strand. On the king's coronation day I was from home, and as I was returning by St. Martin's Round-house I saw a mob of people. A gentleman there told me there were two women carried in there, for robbing my shop of ribbons. I went into the Round-house to them. There Evans, upon knowing I was master of the shop, fell on her knees, and beg'd for mercy, and said, she had four children, and had lately buried one. The other prisoner cried, and said but little.
Q. Was you before the justice with them?
Lawder. I was, before justice Cox. The ribbons were there produced. The justice asked me if they were my property, and I said they were. They are here now sealed up. Elizabeth Evans denied knowing the other prisoner. Margaret Smith said she was a destitute girl, and owing Evans money Evans said to her, you must go with me, I'll make pretence to buy some ribbon, to put about a paper hat, and you must steal some, and the signal I sh all give you will be to tread on your foot; which she said she did, when she [that is, Smith] took the ribbon.
Ann Piggot . I was in a little room where I could see through a glass into the prosecutor's shop. I saw Margaret Smith take and put something from off the counter under her apron, where we found it. She had a pocket apron.
Q. Who was in the shop then?
A. Piggot. Mrs. Lawder was. Upon seeing this, when Smith turned to go out of the shop, I took hold of her, and said, Child, I believe you have got something, which you have not paid for. She said, indeed I have not. I turned her apron aside, and saw the ribbon in a pocket apron. I made her put her hand in, and take it out, and lay it on the counter. There were two pieces. I gave her a shake, and down fell a third. She beg'd to go, and Evans desired I'd beat her, and let her go about her business. The shop soon fill'd. There came a beadle, and took them both away to the Roundhouse. Evans had bargained for a piece of ribbon, but after Smith had taken the ribbon she pretended to be off her bargain. (The ribbon produced in court.)
Q. What is the value of them?
Prosecutor. Here is more than twenty yards. They are worth more than what is laid in the indictment.
Both guilty, 4 s. 10 d.
37. (M.) Charles Williams was indicted for stealing one tea chest, value 12 d. four silver tea spoons, one brass candlestick and one brass saucepan , the goods of Sarah Wheatley , widow , November 27 . ++
Sarah Wheatley . I live at the Red-Lion in Hammersmith . The prisoner at the bar called one night, and asked for a night's lodging. After that he came eleven or twelve nights, and lay at my house. I examined what his business was, that he came every night. He said, his mother kept a milliner's shop at Twickenham, that he went to London for her, and he thought my house was a good half-way house. I said, if your mother lives as you say, it is a wonder you are not better cloathed. I found he gave divers accounts about where he lived. I went to London on the 27th of November, and he staid at my house. On the Monday morning following my maid was cleaning the candlesticks, and she missed one After that I missed a quart saucepan. Presently a person came for some coals, and I went down to measure them. I was soon called up by a neighbour, who said to me, do you know any thing of a man that was in your house? He is gone with his pockets full of something. I sent John Sampson after him, who brought him back, with my tea-chest and things in it under his arm. (Produced in court. )
Q. Look at these things, do you know them?
S. Wheatley. This is my tea-chest and spoons. The prisoner said he sold the saucepan somewhere near Hick's Hall. I took him before justice Bever. There he owned all, and said, if I'd forgive him, he'd go and serve his majesty.
John Sampson . I lodge right against the prosecutrix's house. She desired me to run after the prisoner, which I did, and found him at Kensington Gravel-pits. I took him to a constable there, and then to the prosecutrix's house, and from thence to justice Bever's.
Q. Had he any thing upon him when you took him?
Sampson. He had this tea-chest that is here produced.
Q. What did he say for himself before the justice ?
Sampson. He owned there he took the things.
The prisoner had nothing to say in his defence.
Q. Have you a husband?
R. Groom. I have; his name is William Groom. The prisoner came into our house on the 5th of November, and call'd for a pennyworth of beer. I gave it into her hand in a pewter pint pot.
Q. Did you see the pot afterwards?
R. Groom. No, I never did. After that a young man came to me, and said, have you lost a pot? I looked, and missed a gallon pewter pot. He said, a woman had taken one. I sent after the prisoner, and she was brought back, and the gallon pot with her, and also another pewter wine measure pint. She had them both in a bag. ( Produced in court.)
Q. Look at these, do you know them?
R. Groom. These are both my property.
Mary Rustin . On the 5th of November I went to the prosecutor's house, to get a pint of beer for my dinner, where sat the prisoner drinking a pennyworth of beer. She sat a considerable while. After she was gone, a shop keeper's lad came from over the way, and said, that woman is gone out with a gallon pot in her lap. Mrs. Groom desired I'd go after her, so I and the maid ran, and found her, and made her come back. She had the pot, and flung it down; so I took it up, and brought it back with her.
I know nothing of the pots. I never took them.
39. (L.) Henry Warple was indicted for that at the September sessions, Elizabeth Williams and Hannah Leatherton , spinsters, were indicted for stealing one silver watch, value 3 l. privately from the person of Henry Oldridge , his property, that they were in due form tried and convicted for the same, and that he, the said Warple, did receive the same, well knowing it to have been stolen , September 6 .*
The record of the conviction of Williams and Leatherton being read in court, it appeared they were found guilty, and received sentence of transportation.
Q. Was any body tried for stealing it ?
Oldridge. Elizabeth Williams and Hannah Leatherton were, and were cast for transportation. I took Williams up the next day, and she confessed she sold it for twenty-two shillings and sixpence. We took up Leatherton the day after this, and carried them both to Guild Hall. They were both committed to Newgate, and (the day after that) we took up Williams's husband, named William Williams . He confessed he sold the watch to a fat short man, with a very hollow back.
Q. Is this all you know against the prisoner at the bar?
Oldridge. It is. I have no other evidences except some who heard Williams confess he had sold it.
Q. Do you know any thing against the prisoner at the bar?
Shepherd. No, I know nothing more than what they told me, and I have mentioned.
Q. Did you hear her say to whom?
Stebing. No, I did not.
Q. Did you hear her say any thing about a fat man ?
Stebing. No, nor a lean man neither.
John Radbourn. About five weeks ago, as near as I can guess, the prisoner stole a vessel off the dray.
Q. Whose dray was it ?
Radbourn. It was Mr. Willoughby's dray.
Q. Where does he live?
Radbourn. He lives upon Tower-Hill.
Q. Where was the dray when the vessel was taken?
Q. Was the dray standing still or going on?
Radbourn. It was standing still.
Q. How near the dray was you when he took it?
Radbourn. I believe I was about a hundred yards from it
Q What time of the day was it ?
Radbourn. As near as I can guess it was between one and two o'clock.
Q. How far did he carry it?
Radbourn. He carried it about forty or fifty yards. I followed and collar'd him, and he seemed to make resistance against me, by shoving me two or three times.
Q. What did he say for his so doing?
Radbourn. He said he took the vessel from the dray to knock a nail down in the heel of his shoe.
I took the vessel down as it was going along, with ent to set it down. There was a coach and car going by I set it down as soon as I did not carry it above four steps.
At the request of the prisoner the witnesses were examined apart.
Q. What have you to say against the prisoner at the bar?
Pushee. I can't say he took it, one man may be like another.
Q. Where did you miss it from?
Pushee. I miss'd it from out of my parlour, where the best of my company use.
Q. Where do you live ?
Q. After what manner was it taken ?
Pushee. I believe the prisoner to be the very person who was at my house at the time it was stolen; that person came in about half an hour after six o'clock, he call'd for a tankard of beer, a pen, ink and paper, and my maid servant carried them to him. He wrote a fictitious letter. When he came in there was no body in the room but a man that belongs to the Penny Post Office. He sent that man with the letter to Jewen Street; before he was gone with the letter my servant went into the room; he gave her half a crown to change, she brought it out, and my son gave full change for it; she carried it in, and said here is your full change. Very well my dear, said he; she came out again, and went to draw a pot of beer for a person that lives in Newgate-street, and I went in to snuff his candle, when to my great surprise he and the tankard were gone out at the window. I took the candle in my hand and look'd upon the bench, where was the mark of his foot in the sand, and another on the e, and upon the bench in the yard.
Q. How did you find the sash ?
Pushee. I found that up, and the curtains blowing about with the wind.
Q. Look upon the prisoner?
Pushee. As to being particular to swear point blank that he is the man I cannot, but I believe him to be the very man.
Q. Where did you see the prisoner since you lost the tankard?
Pushee. On Saturday last I was before Justice Fielding, the prisoner was examined there, when a witness of mine swore against him; he then own'd the fact in my hearing.
Pushee. The witness said you are the person that I carried the letter for to Jewen-street [here is the letter he return'd and gave to me] there you are, and you cannot deny it. Mr. Fielding said see and search the prisoner if he has any writings in his pocket to compare them together; the prisoner said he had no writings at all. Well, said Mr. Fielding, Mr. Ball, pray what have you got to say to this ? he said, Why and please your worship it was so.
Q. Was he charg'd at that time with taking the tankard, or was the conversation about the letter?
Pushee. It was about the tankard and letter too.
Prisoner. Did not I when I was first examined say to the man that my prosecutor brought there, do you know me or not, and what answer did he make ?
Pushee. I was not by at that time, but when the prisoner at the bar saw me and my son, he immediately came up to me, saying, What do you know of me, am I the man, am I the man?
John Skindalsby. I was at the prosecutor's house on the 25th of October last, between six and seven at night; Mr. Bail the prisoner at the bar came into the room where I was, and call'd for a tankard of beer, pen, ink and paper; he wrote a letter, and paid me six pence to carry it into Jewen-street. I saw him write it, it was neither wafer'd nor seal'd. I carried it there, and shew'd it to a man, who read it, and said it was all a pack of nonsense.
Q. How far is Jewen street from the prosecutor's house?
Skindalsby. It is about a quarter of a mile distant
Q. What did you do with the letter?
Skindalsby. I return'd and gave it to the prosecutor, and said I could not find such a house as it was directed to; the prosecutor said I'll go into the room and shew it him, and tell him you can't find the house (he then going to light the candle) he went in and found the window up, and the curtains flying with the wind, and the prisoner and tankard both gone.
Q How long might you have been gone?
Skindalsby. To the best of my knowledge I believe about half an hour, or a little better.
Q Was you first in the room or the prisoner?
Skindalsby. I was in the room when he came in.
Q. How long did you continue in the room after he came in ?
Skindalsby. I continued there about 3 or 4 minutes, just while he wrote the letter.
Q. from the prisoner. Where was I when you came into Justice Fielding's?
Skindalsby. You was in the room where all the prisoners come.
Q. from the prisoner. How long was you in the room before you saw me?
Skindalsby. I can't justly say how long.
Q. from the prisoner. When you did see me, did not I come up to you and speak to you, and say, honest friend do you know me?
Skindalsby. When I came into the room I pull'd off my hat, and look'd about to see which was the man, and the people fell a laughing at me. He did not say to me friend do you know me, they only made game of me.
Q. from the prisoner. Did not you say you did not know me?
Skindalsby. No, I did not.
Q. What do you say now to the prisoner at the bar?
Skindalsby. I am sure the prisoner is the person that sent me with the letter that night the tankard was lost.
Q. Look at him well and consider?
M. Palmer. I am sure he is the man, the little boy carried in his beer; after that he ask'd me to bring him a pen, ink and paper. When I went with them he asked me if I could give him 2 s. 6 d. for half a crown. I took his half crown, and carried him his change, and after that he asked this man if he could carry a letter for him to Jewen-street.
Q. Who was in the room first, the prisoner or the man?
M. Palmer. The prisoner was in the room before the man came in.
Q. to Skindalsby. Which did you say was in the room first, the prisoner or you?
Skindalsby. I was in the room first, I was there when he came in; I had a penny worth of beer at the other box, and was warming it by the fire.
Q. to M. Palmer. What was done when this man was gone with the letter?
M. Palmer. Then the prisoner went out at the window with the tankard.
Q. How do you know that?
M. Palmer. Because there was no body in the room but himself.
Q. Where was you at the time ?
I am quite innocent of what they accuse me with.
Guilty , Death .
42. (L.) John Lawley was indicted on the coroner's inquest for manslaughter; for making an assault on Jos. Forrest , and biting his little finger off, and giving him thereby a wound, of which he died , Nov. 19.*
James Dunnel. The deceased told me the prisoner had bit his finger; after which he grew so bad that he was obliged to go to the hospital. I visited him there, and allow'd him a shilling a week.
Q. When did this affair happen ?
Dunnel. It was on the 13th of September .
Q. Did you see it done?
Dunnel. No, I did not. It was done at our house; the prisoner had been exceeding troublesome, and after the deceased had been with the watch to take him to the compter he came back again.
Q. What house do you keep?
Dunnel. It is a publick house, my mother keeps it.
Q. What was the prisoner carried to the compter for?
Dunnel. For breeding a disturbance in our house. He came there about 11 at night on the 13th of September, with his wife and two children; he call'd for a pint of beer, which was drawn him; before he had drank it half out, there was some company in the next box with whom he would interfere; they beg'd of him to keep his own company, but he began to be very troublesome. I being backwards heard a noise. I came into the room and beg'd of the prisoner not to swear so, but to go home. He abused me, calling me Mungrel and half Mungrel, and said it was by such as him that I liv'd, he'd lick me and whip my a - se, and the like, till I was forced to call the watch, which came. I beg'd they'd take that man out of the house. I only desir'd they'd get him out at the door and discharge him, which they did. After that he came in and abused me more than before. Then I went out of his sight, and presently I saw him go out at the door. I went and shut him out, then I went to his wife and beg'd of her to go; she said she would not. Soon after that came a brickbat and broke two panes of glass.
Q. Who threw that?
Dunnel. I believe the prisoner did; then I opened the door, and the company ran after the prisoner; he fought his way and clear'd himself all thro' them; full he was not satisfied, he would fight somebody, when a man took upon him to fight him, and did beat him. But before this he knock'd the constable down (he is now so very bad of the bruises that we don't know whether he'll live or not.) I took him by the hair of his head to pull him off the constable. After this battle I understood there was some assistance coming from the watch-house, and hand cuffs to put on his hands. The prisoner lay on the ground, and would not be hand cu'd [then I went to see how my wife did, for she was child and much affrighted; she has since deliver'd of a dead child, and I believe on this account.] made shift to carry him to the compter the deceased was one that assisted, be with the rest, and told me that the p bit several of them and his finger was bit.
Q Did you see his ?
Dunnel. No I did not.
Q. Which hand was on ?
Dunnel. I don't know that.
Q. Can't the constable ?
Dunnel. No, I was with him he is so ill he cannot be here;
It was read to this purport:
On the 13th of September, being sent for from home by James Dunnel , who keeps a publick house, known by the name of Jacob's Well in the parish of Cripplegate Without, he there was given charge of Lawley for breaking his windows, and breeding a disturbance, and that Lawley took hold of the deponent and threw him down, and fell purposely with his knees upon him, so that the people cry'd out he would kill the deponent; when almost pull'd off, Lawley gave him a kick on the right breast, upon which he desir'd his apprentice to fetch a pair of hand-cuffs, and desir'd the deceased to assist him in hand cuffing of him; when he bit his little finger almost off, and likewise bit several others; that the deceased after having
Robert Brooks . I was sent for from the watch-house to assist the constable that night. I ran there as fast as I could; I laid hold of the prisoner at the bar, and said if you please you must go along with me; he took hold of me and threw me down, I turn'd him, and he bit part of the calf of my stocking off, for which I gave him a plump on the jaws.
Q Did you see him bite the deceased ?
Brooks. No, I did not.
Q. Did you see the deceased and him engaged ?
Brooks. I did.
Q. Did you see the deceased's finger afterwards ?
Brooks. I did; the deceased was endeavouring to hand-cuff the prisoner, and there was a scuffle between them. I heard the deceased cry out, d - n the son of a bitch, he has bit my finger off I believe.
Q. How did his finger appear?
Brooks. He had bit the leader of his finger in two, I could see the bone clear; the flesh was so clean bit away, it look'd as if it was shaved round.
Thomas Dixon . I am beadle of the ward, I saw nothing of the fray; this Joseph Forrest the deceased was very hearty and well before that, and the next time I saw him he said he had had his finger bit, and he thought it would be the death of him.
Q. Did he say who bit it?
Dixon. He said this man at the bar; the prisoner also bit another watchman, a piece out of the back of his hand.
Mr. Nourse. I am a surgeon, and had the care of Joseph Forrest in the hospital; I don't exactly know the day he was brought in; this accident happen'd I believe about a fortnight or three weeks before I saw him, he was then only an out patient. I advised him by all means to come into the hospital, that he might be under a more frequent inspection.
Q. What time do you think he might come into the hospital?
Nourse. I think it is about two months ago.
Q. In what condition did you find him?
Nourse. I did not find his finger very bad, it was very much inflamed.
Q. Did you look upon him to be in a dangerous condition?
Nourse. No, after he came in his hand was not in a very dangerous condition; but in about a week or ten days after he had a fever, which occasioned a great inflammation in his hand, and so far affected him, that it made if necessary for me to take his finger off, which I did.
Q. How long had he been in the house before his finger was taken off ?
Nourse. I believe it was after he had been in the house about a fortnight. I defer'd it longer than my judgement directed me, in compliance to his request. After that all his complaints ceased, and his sore seem'd in a healing condition. I apprehended from the appearance of it that it would be w in a little time; but in twenty four hours, when we did not expect it, his wound being in a healing way, he was siezed with a fever. I remember I had seen him on the Tuesday. and on the Thursday after he was siezed with his fever, which soon took him off.
Q. What is your opinion was the reason of his death ?
Nourse. I am quite clear he died of the fever.
Q. Do you think that fever was, or was not occasioned by the wound?
Nourse. Not at all. He was as free as I am from all sort, of complaints. His wound was in a fine way of healing.
Q. What is your opinion that he died on that bite or wound, or not?
Nourse. I am clear of opinion that he did not die of that bite or wound.
43. 44. (L.) Joseph Knowlan and Edward M'Collister were indicted for making an assault on Charles Preston , on the king's highway, putting him in corporal fear and danger of his life, and taking from his person one man's hat, value five shillings, one peruke, value five shillings, two iron keys, value two pence, one brass watch key, value one penny, and one shilling in money , the goods and money of the said Charles, November the 22d. *
Charles Preston. Coming along Petticoat-Lane , about nine at night, on the 22d of November, I was knock'd down, and rob'd of my hat and wig, one shilling in money, two iron keys, a watch key, a tobacco stopper and a penknife.
Q. By how many persons?
Preston. I saw three men. M'Collister was one of them.
Preston. No, I cannot; for in knocking me down they funned me. I found myself on my back. One of them had his fingers and thumb in my mouth, attempting to gag me, and I heard these words, By the great Jesus if you stir, or speak, you are a dead man. I saw M'Collister while I lay there, standing on my left hand side.
Q. Can you tell who spake those words?
Preston. No, I cannot.
Q. What have you to say to the other prisoner
Preston. I can't say I know him.
Q. Have you got any of your things again ?
Preston. I have got my hat again.
Q. Look carefully at M'Collister and consider.
Preston. I am sure M'Collister was one of them. I thought it prudent not to resist while lying on my back; but I stretch'd my arms out as if I had been dead or helpless. They all three ran away together. They were not got twenty yards before I jumped up, and pursued them down Smock-Alley, very near them, calling out thieves. At the bottom of the alley is a court which is no thorough-fair, and this M'Collister ran up there. He was coming back again, and I made a blow at him with my fist; but he being upon the full run, and a stronger man than me, he beat me down again. He rather ran over me.
Q. Do you know the name of that court?
Preston. I think that court is call'd Dolphin-Court. I was presently up again, and pursued him to the end of Steward-Street, where I came so nigh him as to endeavour to strike up his heels; but upon missing him I fell down again, and one Mr. Golding coming along laid hold of him, and secured him. We took him to the headborough's house, and secured him there all night; the next morning he was carried before Sir Samuel Gower, and he committed him.
Q. Did you search him?
Preston. We did; but found nothing about him but a knife.
Q. Where did you get your hat?
Preston. That was found at the end of Gun-Street, by one Mr. Edwards.
Q. Is Mr. Edwards here?
Preston. No, he is not. (The hat produced in court, and deposed to.)
Q. What did the prisoner say for himself before the justice?
Preston. He had but very little to say.
Philip Golding . I live in Steward-Street. About nine o'clock at night, on the 22d of November, coming out of my house I heard a cry of stop thief. I saw M'Collister come running from Gun Street, to the corner of Steward-Street. I catch'd hold of him by the arm, but he being on a swift run got from I ran up the footway way in Steward-Street, and with him. At last I jumped full upon him, got him by the, and kept him. He made a struggle. I said I'd keep him. He put his right-hand down to his breeches pocket, which was open. I was afraid he had something there, with which he might do me hurt. I took care of his hand. Presently came up the prosecutor, and other persons. As soon as he saw the man, and heard his voice, he said, '' That is one '' of the men that knock'd me down and rob'd '' me.'' There was a hat taken up at the corner of Gun Street, and deliver'd to the prosecutor I saw the prisoner examined in the headborough's house. There we searched him, and found a large clasp knife in his breeches pocket, where he was endeavouring to put his hand. ( Produced in court.) We carried him before Sir Samuel Gower , where he was impertinent to the clerk, and said, he'd answer no questions. The clerk asked him how he came here from Ireland. He said, he would not tell him.
Q. from prisoner. Out of which pocket did you take that knife?
Golding. From out of the prisoner's right-hand pocket.
John Armstrong . I and the two prisoners at the bar were coming down Petticoat Lane, with one Brown along with us. He is not taken. We met the prosecuter. Brown said, I believe this man has got money, let's follow him.
Q. Which way were you going ?
Armstrong. We were going towards White Chappel. He went up to the upper end of the lane; Brown and Kimest -
Q. Who is Kimest ?
Armstrong. That is the prisoner's right name. They went after him and drag'd him back. When I came up he was lying on his back.
Q. How did they get him down?
Armstrong. I can't tell how they got him down. whether he was knocked down or not; I was not time enough to know that. Brown had his hand in his pocket. He drag'd out something which made a jingling. I thought it was his watch. After he took his hand out of his pocket we ran away, and ran up a place where there was
Q. Are you sure Knowlan was there ?
Armstrong. He was; but I did not see him meddle with the man at all.
Q. Which way did you take after you returned from that court?
Armstrong. I don't know which way. I am a stranger there, but when I stopped I found myself in Rag-Fair.
I have nothing to say, only as I am a young man I am willing to serve his majesty. I desire a favourable report may be made. Mr. Stanley has put them upon this to swear my life away. This man Armstrong has committed several murders in Ireland, and now he has run away with an heiress from Dublin.
That fellow Armstrong has been concerned with thieftakers to swear my life away.
Armstrong. I stood my trial in Ireland for a murder, and was acquitted. Stanley never spake to me about this thing.
M'Collister guilty , Death
Knowlan acquitted .
45. (L.) John Milward was indicted for forging a counterfeit bill of exchange. purporting to have been drawn by Joseph Sill , Thomas Bridges , and Roger Blunt , directed to Francis Blunt , merchant, requiring him to pay to him, the said John Milward , or order, the sum of 60 l. six weeks after date, for value received, as per advice, accepted F. Blunt, November 4, 1756 , and for publishing the same, well knowing it to have been forged and counterfeited, with an intent to defraud John Swallow ++
Q. What was he then ?
Swallow. He was then a grocer at Hull, in partnership with one Brooks.
Q. Have you had any dealings with him since then?
Swallow. No, I have not.
Q. Had you any considerable dealings with him?
Swallow. I traded with him about eight or nine months.
Q. Did he then ever draw any bill of exchange upon you?
Swallow. No, not to my knowledge.
Swallow. On Friday the 5th of November the prisoner came into my shop, and agreed for goods to the amount of 42 l. 10 s. 10 d. for which he gave me this bill of exchange, for 60 l. in payment. I then was to return him the ballance. I gave him a bill in exchange of 17 l. and 9 s. 6 d. in silver. ( The bill produced in court.)
It is read to this purport:
'' Hull, October 28, 1756.
'' Six weeks after date pay Mr. J. Milward, or '' order, sixty pounds, for value received, as per '' advice from,
your humble Servants, '' Sill, Bridges and Blunt.''
60 00 00
Prisoner. I must acknowledge I deliver'd this bill to this gentleman; but I did not forge it.
Mr. Hilyer. [He takes the bill in his hand.]
Q. Look upon that bill and the acceptance.
Q. Have you seen him write?
Hilyer. I have a great many times, and know his writing perfectly well.
Q. Is this his hand-writing?
Hilyer. It is not like it at all.
Q. Do you know the hands of all the drawers?
Hilyer. I do. I have seen them all three write.
Q. How many partners has Mr. Blunt?
Hilyer. There are three partners. They live at Hull. I am acquainted with them all.
Q. Is this bill the hand-writing of either of them?
Hilyer. No, it is not. It is a very bad imitation as ever I saw. It is pretended to imitate Mr. Blunt's hand.
Q. Was you at the examining of the prisoner?
Hilyer. I was at the apprehending and the
F. Blunt. No, I am not.
Q. Look at that bill, whose hand-writing do you think it is?
Freeman. I do very well. I am acquainted with his hand, and have seen him often write
Q. Look at that acceptance on the bill, whose hand-writing is it?
Freeman. I know it is not Mr. Blunt's acceptance. It is not like his hand-writing.
Q. Where do you live?
Freeman. I live with Mr. Blunt.
I know Messrs. Sill, Bridges and Blunt to be men of credit, and this man that it is drawn on I thought to be as great a man. He is a person I have done great service to, and he promised to lend me a sum. I met him, and he told me he was disappointed of cash; but he had the bill, so I took it, and unhappily involved myself in this affair. He has made his escape. I was in hopes that, if I had my trial put off, by that time I might take him. You see very plainly I have nobody to plead my cause, and he is out of the way. What can I say in this dilemma? I hope your Lordship will take it into consideration, as I am but a youth, and the man that is witness of my taking this bill is about. His name is Oader.
Guilty of publishing the bill and acceptance , Death .
[There was another bill of indictment against him for another forgery, &c.]
Charles Earles . I employed the prisoner at the bar to serve me at Sittingbourn-Fair and also at Maidstone-Fair, in Kent, He was with me at Sittingbourn, as a journeyman , to sell goods. At my going out of town I had lent him a pair of leather breeches. They were ripped in the side. He left me in the country, and would not serve me at Maidstone-Fair, and I challenged these to be my breeches.
Q. Where do you live?
Earles. I live in London.
Q. Do you charge him with stealing the breeches which you lent him?
Earles. No. I challenged another pair upon him which I remarkably knew, by their being flit up the seam. The pair laid in the indictment are not them which I lent him. When I challenged them, he had them upon him, and he afterwards confessed them to be mine before the justice.
Q. Were there any parcels of breeches committed to his care?
Earles. No, none at all to him.
Q. In whose care were they ?
Earles. I had them in my own care.
Q. Then he did not fell for you did he ?
Earles. Yes, he did.
Council. Then he must necessarily be trusted with them.
Earles. Yes, he had a right to sell.
Q. What any of them ?
Council. You say you lent him a pair of breeches.
Q. Do you know what is become of them ?
Earles I do not.
Q. Did he not sell them, and account for them to you?
Earles. I will not take upon me to say he has, or he has not.
Q. Do you believe he ever accounted with you for those breeches that you found upon him?
Earles. No, never.
Q. Was not you before the mayor of Maidstone?
Earles. Not about a pair of breeches.
Q. Did not you there say you thought he did not take these breeches with an intent to steal them, but to make use of them; having accounted for the others you lent him ?
Earles. I never said so.
Earle. It is customary in our trade for our journeymen to wear those cheap breeches, but not to sell them for doe skin. They wear them that poor people may imagine they are better made, and a better sort; but they are not to run away with them.
Earles. I do.
Q. Was not you taken up, and carried before the mayor at Gravesend ?
Earles. No, never.
Q. Was not you before the mayor at Maidstone ?
Q. Did not you declare before Mr. Carter, you should never have thought of indicting this man, if he had not taken you up, and carried you before the mayor at Maidstone ?
Q. Did you owe this man any wages?
Earles. Not as I know of. He was to have had three guineas and a half, and he has had forty shillings and six pence of me. He staid but one fair. I don't owe him any money to my knowledge.
Q. Was he carried before a justice of the peace?
Q. Did not you declare there, you did not believe he took these breeches with any felonious intent?
Council. Here is justice Pell here; we'll call him, if he pleaseth to be sworn.
For the Prisoner.
Justice Pell. I was desired to assist Sir Samuel Gower in taking the examination of the prosecutor, relating to something that he charged the prisoner with having stolen. It was a pair of breeches. Some circumstances appeared very extraordinary, and of such a nature as might well justify our taking bail for Goston's appearance.
Q. Did you take bail?
Justice Pell. We did; upon the whole it appeared to us it was owing to a quarrel.
Q. Whether the prosecutor did not say he believed the prisoner took the breeches with no felonious intent.
Pell. He did say so; after I had open'd the nature of the design he was carrying on, I put it close to him whether he could with a safe conscience see this man convicted for stealing these breeches, and receive the punishment in consequence thereof. He said, '' Sir, I don't believe he did design to rob me, the whole affair was but a quarrel. I employed him at two fairs, Sittingbourn for one, where he received a great deal of money for me, for which I made him an allowance; and after that he took me up, and with great barbarity carried me before the mayor. After that I charg'd him with having my breeches; then coming to town, and being advised by some attorney, the sessions being then begun at Hicks's-Hall, I went and got a bench warrant, and had him taken up.'' He went farther and said, it was customary in trade, when they contract for those people whom they call barkers to attend them at fairs, to give them breeches in order to wear, and as I understood it, with intent to impose on those that came to buy. On my examining Goston, he told me he had sold three or four pair of breeches which he had worn at the same fair; and as it appear'd (those being sold) he must have return'd either without breeches or have put on a pair of his master's, I brought both parties to this, for both to leave their disputes. The prosecutor had challeng'd Goston with a pair of breeches; the other said they were his, and he was to wear them till he got to town, and then they were to reckon and settle. It was recommended by an attorney to draw up articles of agreement between them, and they agreed to it. There was a gentleman who said he had trusted Goston with hundreds of pounds, and it was customary in that trade for the servants to put breeches on when they go out of town, in order to wear them, and then sell them for second-hand breeches.
Q. to prosecutor. Is it not customary in the trade to lend people in the situation of the prisoner breeches to go down to fairs with, on such an occasion.
Charles Drew . On the second of this instant I had a mind to go in and hear Mr. Whitfield preach at his chapel in Long-Acre . But not meeting with the satisfaction I expected, I came out very soon; (I found he had not alter'd his method of preaching) and coming out at the chapel door the woman at the bar laid hold of my watch. I laying hold of her hand, she chang'd the watch out of her right hand into her left, and dropt it.
Q. Did you see your watch in her hand?
Drew. I am positive I did. I secured her, and took her before Justice Welch, where she deny'd it.
Q. from the prisoner. Have you not since declared you drop'd your watch yourself?
Drew. I never made such a declaration.
Q. Have you declared your uncertainty of her picking it out of your pocket?
Drew. No never in my life; there can remain no uncertainty, because I am clear.
Drew. No, never.
Prisoner. He said before Justice Welch, when it fell he thought it was the found of a woman's pattin.
William Pain . I was at this chapel to hear Mr. Whitfield preach, I stood within the door, Mr. Drew was in a little before me; he came out, and I heard him say he had lost his watch. I turn'd about and saw he had hold of the prisoner's right hand. I saw her left hand. I turn'd and pushed the people away, and with my right hand took up a watch. I had then hold of her with my left hand, and delivered the watch to the prosecutor.
Q. Did you see the watch in her hand?
Pain. I did not.
Q. Did you hear it fall?
Pain. No, I did not.
I know no more of the thing I am charg'd with than any gentleman in court.
She call'd three persons to her character, each had known her a year, who all declared they knew no ill of her.
Q. What are you ?
Murray. I am a shoemaker ; on the 30th of November he went out about eight o'clock, and return'd about four in the afternoon; he took these two pumps, and put one in each pocket. I followed him and took him with them upon him.
Q. Did you see him put them into his pocket ?
Murray. No, I did not.
Q. What did he say when you charg'd him with them ?
Murray. I asked him what he had got in his pockets, he said nothing at all. I brought him back to my shop, and from thence to Justice Fielding, and he was committed to New-Prison.
Q. What did he say for himself when he was before the Justice?
Murray. When he was examin'd there, he own'd he took them.
Q. In what words did he own it.
Murray. He said he took the pumps ( the pumps produced in court, and deposed to.)
I came into the shop in the evening, in order to shut it up and take in the goods and things. I had these shoes in my hand, and I went to make water; so I put them under my apron, and he came and said I was going to rob him.
For the Prisoner.
Nicholas Griffith . I have known the prisoner ever since he was in short coats. I never heard or knew of any thing that touch'd his character; he work'd for me some time. I don't know that ever I had any room to suspect him.
Q. What are you?
Griffith. I am a shoemaker, I have trusted him several times to shut up my shop, and I have some scores of dozens of shoes at times; he might have wrong'd me of many had he been so minded, and I never missed them.
Q. What is your opinion of him now?
Griffith. I would employ him again was he out of his trouble, to-morrow if the court please.
A Witness. I have known him 16 years, in all that time I never heard any ill of him till now.
Witness. That of an honest lad.
Q. Would you employ him again, was he at liberty?
Witness. I would in my way.
A Witness. I have known him 7 years, I have trusted him, and never found him wrong me of the value of a pin in my life. I would trust him again to-morrow, was he out of his trouble.
A Witness. I have known him from his mother's arms, he always bore a good character; I never heard any ill of him in my life. I am worth a hundred pounds. I could trust him with it all, was he out of his trouble.
A Witness. The prisoner has work'd with me about a year. I never missed any thing, or heard an ill character of him.
Q. How long have you known him?
Witness. I have known him 14 years, if I had five thousand pounds I'd trust him with it this minute, was he out of trouble.
A Witness. I was at the birth of the prisoner, and have known him ever since; his parents died when he was very young. I kept him four or five years; he was very just. I never found any thing deficient by him in my life, nor heard of any thing ill of him before this.
49. (M.) Elizabeth Broomfield , widow , was indicted for stealing one copper pottage pot, value 4 s. one copper tea kettle, one copper stew pan, one copper sauce pan, two blankets, and two linen sheets , the goods of John Votier , Nov. 22 . ++
Q. How do you know that?
Votier. I am very sure they were in the kitchen, and no body was there but she.
Q. How long was she with you?
Votier. She was with me eight weeks.
Q. Had you no lodgers in your house?
Votier. No, none at all; the kitchen door was always lock'd, and the key brought up into my own room. When the things were missed she was charg'd with them, and fell down on her knees and own'd the taking them all.
Q. When was this?
Votier. The very night we took her up, which was on the 22d of November; she beg'd for mercy, and said if I would have patience she would fetch them again the next morning; she had the blankets from off the bed I lie on.
Q. Where did she say they were?
Votier. She said she had pawn'd them in Old Tothill Street.
Q. Have you a husband?
Mary Grant . I was by when the prisoner was taken up, and saw her down on her knees and beg for mercy, and heard her own she took the things; she said if they would have patience she would fetch them again the next day.
Q. Were these all brought in her lying in?
M. Griffice. I can't tell whether they all were, but I know some were.
Q. How do you know that?
M. Griffice. Because the prosecutrix own'd it.
Q. to prosecutrix. Did you ever employ the prisoner at the bar in carrying any of these things to pawn?
Prosecutrix. No, I never did.
Q. Have you ever sent her with other goods?
My mistress sent me with the things to pawn. I pawn'd the kettle for 2 s. then she put it for 2 s. 3 d. after that she took a pot out, and sent me with all the other things.
Q. to prosecutrix. Did she bring you any money for these things?
Prosecutrix. No, none during the time of my lying-in for pawning goods, none but what I sent her for.
Q. Did you pay her any wages?
Prosecutrix. She was always ready for her money as soon as it was due.
John Anderson was indicted for stealing 59 women's hats, call'd chip hats, value 38 s. the goods of Samuel Lloyd , Esq ; December 19 . ++
John Dudley . Last night, betwixt the hours of four and five, I was sent to a lighter on duty. I saw her moor'd in, I was on the shore and the vessel just by. I saw the prisoner poking his head down in a dark place by a hogshead that was on shore.
Q. What was he doing?
Dudley. He was pudling and mudling about near where my lighter lay. I ask'd him what he was doing there; he said, no harm, that he was a poor man and a cripple; his back was towards me.
Q. Where was this?
Dudley. This was at Brewer's key . Being walking on shore by my charge, I clap'd my hand upon the prisoner, and saw some hats under his great coat; there had been some hats taken out of a lighter that day, which were not survey'd, and they were under the care of the king's watchman on the key.
Q. What are you?
Dudley. I am a king's watchman. I got the man by the collar, called out for assistance, and held him till assistance came. Then I took him, and the hats he had got, into our office.
Q. How many hats were there?
Dudley. There were fifty-nine hats, call'd chip hats, for women. Then the prisoner was order'd into custody. (The bats produced in court.) These are the hats which I took upon him.
Q. Where had he got them?
Dudley. They were under his great coat.
Q. How many were there of them?
Muddle. There were six tubs of them, which were left in the king's charge. I went to see for a watchman to set over them. While I was gone fifty nine of them were pilfer'd.
Q. Whose property are they?
Q. What are you?
Muddle. I am a weigher.
Q. Had you these goods under your care?
Muddle. I had.
I was quite stupified, and know nothing about the hats. I went to make water there, and they took me up, and now say what they please.
John Cartwright , capitally convicted in September sessions, Jonathan Hirst and Francis Mugford , in October sessions, Bartholomew Ball , John Jolley , Edward M'Collister , and John Milward were executed on Monday the 20th of December.
Received sentence of death 5.
Transportation for seven years 22.
Thomas Holland , Daniel Jones , William Wells , Mary Peck, Edward Ware , Moses Abraham , Mary Martin , Charles Sawyer , John Anderson , John Phelps , John Simpson , William Parker, Jane Philips , John Ilford , Mary Plumer , G - W - , Ann Fauklin , Mary Field , Ann Sanders , Elizabeth Evans , Margaret Smith , and Charles Williams .
To be branded 3.
To be whipped 3.
John Cartwright , capitally convicted in September sessions, Jonathan Hirst and Francis Mugford , in October sessions, Bartholomew Ball , John Jolley , Edward M'Collister , and John Milward were executed on Monday the 20th of December.
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