In the Thirtieth Year of His MAJESTY'S Reign. NUMBER IV. for the YEAR 1757. Being the Fourth 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, 1757.
King's Commissions of the Peace, and Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery of Newgate, holden for the said City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.
BEFORE the Right Honourable MARSHE DICKINSON, Esq; Mayor of the said City; the Right Honourable William Lord Mansfield , Chief Justice of the Court of King's-Bench; Sir Edward Clive , Knt. one of the Justices of the Court of Common Pleas; the Honourable Heneage Legge, Esq; one of the Barons of the Court of Exchequer; and others his Majesty's Justices of Gaol Delivery for the said City and County.
*Henry Bristow serv'd part of the time, in the room of William Green, who was taken ill in court, and could not longer attend.
The right hon. the Lord Mayor, after the court was opened the 20th day of April, 1757, taking notice that in the Public Advertiser of Monday the 18th day of this instant April, the following advertisement was printed, viz.
' To the truly charitable and humane, friends of ' and enemies to the violators of virtue.
' An unhappy gentlewoman, whose husband being ' under unavoidable misfortunes, was necessitated ' to be continually on the foot amongst ' her friends endeavouring to extricate him, was ' way-laid by a base and notorious villain, who, ' under pretence of assisting her husband, inveigled ' her into his power, and cruelly used and ravished ' her, for which he stands indicted these seven ' months past, ever since which he has absconded. ' But upon hearing that he was to be out-lawed, ' and that the poor woman was dangerously ill (as ' she has been for four months since this unhappy ' affair) he put the unhappy sufferers to great expences ' in attending several notices of his surrender ' to trial (at times that he was well assured ' that the poor woman was not able to fit up in her ' bed, much less to appear in court to try him) ' which expence, her sickness, and the loss of her ' husband's time, has rendered them objects of ' unutterable compassion. They therefore are indispensibly ' obliged thus most humbly to call upon ' the truly charitable and humane. to enable ' them to bring this vile offender to justice, who. ' from the strength of mercy, and the powerful ' friends that he (vile as he is) has to stand by ' him, boasts, that he'll get over this prosecution, ' which so loudly calls for the assistance of every ' virtuous lady, tender husband, and truly affectionate ' parent. This (now) unhappy couple, ' having nothing to back them in this melancholy ' prosecution, but the justness of their resentment, ' fear, that it is absolutely necessary for them to ' have proper council at the trial, to minutely examine ' his witnesses (as they are told he has a ' great many prepared) have it not in their present ' abilities to see council (as he too well knows and ' boasts of) unless charitably aided. as above requested; ' upon the strength of which, he proposes ' taking his trial next sessions at the Old ' Bailey which begins on Wednesday next, and ' has given notice to the prosecutor, that he will ' surrender in court that day.'
' To the truly charitable and humane, friends of ' and enemies to the violators of virtue.
' An unhappy gentlewoman, whose husband being ' under unavoidable misfortunes, was necessitated ' to be continually on the foot amongst ' her friends endeavouring to extricate him, was ' way-laid by a base and notorious villain, who, ' under pretence of assisting her husband, inveigled ' her into his power, and cruelly used and ravish'd ' her, for which he stands indicted these seven ' months past, ever since which he has absconded. ' But upon hearing that he was to be out-lawed, ' and that the poor woman was dangerously ill (as ' she has been for four months since this unhappy ' affair) he put the unhappy sufferers to great expences ' in attending several notices of his surrender ' to trial (at times that he was well assured ' that the poor woman was not able to sit up in her ' bed, much less to appear in court to try him) ' which expence, her sickness, and the loss of her ' husband's time, has rendered them objects of ' unutterable compassion. They therefore are indispensibly ' obliged thus most humbly to call upon ' the truly charitable and humane, to enable ' them to bring this vile offender to justice, who, ' from the strength of money, and the powerful ' friends that he (vile as he is) has to stand by ' him, boasts, that he'll get over this prosecution, ' which so loudly calls for the assistance of every ' virtuous lady, tender husband, and truly affectionate ' parent. This (now) unhappy couple, ' having nothing to back them in this melancholy ' prosecution, but the justness of their resentment, ' fear, that it is absolutely necessary for them to ' have proper council at the trial, to minutely examine ' his witnesses (as they are told he has a ' great many prepared) have it not in their present ' abilities to see council (as he too well knows and ' boasts of) unless charitably aided as above requested; ' upon the strength of which he proposes ' taking his trial next session at the Old ' Bailey, which begins to-morrow, and has given ' notice to the prosecutors, that he will surrender ' in court that day.
' Donations will be most gratefully acknowledged ' in this paper, or in person by the unhappy ' sufferers, if admitted. and will be received by ' Mr. John Frip , apothecary, in Carey-street. opposite ' to the Plough-Inn, Lincoln's Inn, who ' has attended the poor woman in her sickness ' these four months past, and still attend her, and ' who, in compassion to their deplorable situation ' is pleased to take the trouble upon him.'
' N. B. In line 18 of this advertisement yesterday, ' the strength of mercy was printed by mistake ' instead of the strength of money.
The court after mature deliberation had thereof declared their opinion to be, That the printing and publishing such paragraphs relative to a prosecution for felony depending in this court, was not only a publick offence punishable by indictment, and a private injury for which the party aggrieved may maintain his action at law, but also was an high contempt of this court, and ought to be taken up and treated as such, for the honour of publick justice, and to check a practice so illegal and wicked, as the printing and publishing what may tend to prejudice a question depending in judgement here upon a criminal prosecution, and therefore made an order to the effect following.
London and Middlesex.
At the general sessions of gaol delivery of Newgate, holden for the city of London and county of Middlesex, at Justice Hall in the Old Bailey, on Wednesday the 20th day of April, 1757, before the Right Hon. Marshe Dickinson, Esq; Mayor of the City of London, the Right Hon. William Lord Mansfield , Chief Justice of the Court of King's-Bench, Sir Edward Clive , Knt. one of the Justices of the Court of Common-Pleas, the Hon. Heneage Legge, Esq; one of the Barons of the Court of Exchequer, and others his Majesty's Justices of Goal Delivery for the said City and County of Middlesex.
It appearing to this court, that in two publick papers intituled the Public Advertiser, one dated Monday April the 18th, 1757, and the other dated Tuesday April the 19th, 1757, and printed and sold by W. Egelsham, at the corner of Ivy-lane in Pater-Noster-Row, there is contained an advertisement in the said order particularly specified, and to the effect herein before set forth.
And the preparing and printing the said advertisements relating to a prosecution for felony depending before this court, and endeavouring under the same to obtain donations for carrying on such prosecution, being a contempt of this court, and having a manifest tendency to the perversion of publick justice, it is therefore ordered by this court, that the printer of the said papers do personally attend this court to-morrow morning at
By the Court.
On Thursday morning the 21st day of this instant April, the said Wells Egelsham, the printer of the said papers, in obedience to the said order, appeared here in court, and being publickly examined, owned that he was the printer of the daily paper called the Public Advertiser, and had printed the said advertisements herein before set forth in the said Public Advertiser of Monday and Tuesday last, and expressed great sorrow for what he had so done, and alledged in excuse for the same, that he had done it thro' inadvertence, and signified to the court his readiness to discover those who had drawn him in to print and publish the same, and having produced to the court the original draught of the advertisements brought to him to be inserted in the said daily papers, and alledging that he had made enquiry at the house of the said John Frip , whom he well knew, to find out who was the author of the said advertisements, and that he understood upon such enquiry one Terence Shortney, in Chapel-street, Westminster, the husband of the woman mention'd in the said advertisements, was the author thereof, and had brought the same to the said W. Egelsham to be printed, the court took the matter so offered by him into consideration, and in regard the trial, to which the said advertisements related, was appointed to come on in this court on Saturday the 23d day of this instant April, directed the said Mr. Egelsham to attend here again that day at ten o'clock in the forenoon, and afterwards made an order to the effect following.
London and Middlesex.
At the General Sessions of Gaol Delivery of Newgate, holden for the City of London and County of Middlesex, at Justice Hall in the Old-Bailey, on Thursday the 21st Day of April, 1757, before the Right Hon. Marshe Dickinson, Esq; Mayor of the City of London; the Right Hon. William Lord Mansfield , Chief Justice of the Court of; Sir Edward Clive, Knt. one of the Court of Common Pleas; the Esq; one of the Barons of and others his Majesty's Justices of she said City and County of Middlesex.
court that John Frip and personally attend this court clock in the forenoon, to answer all such matters and things as shall then and there be objected against them, for a certain contempt and misdemeanor, in causing an advertisement to be inserted in the Public Advertiser of Monday the 18th, and Tuesday the 19th of April, for the raising of public donations for the carrying on of a prosecution depending before this court for felony; and for endeavouring to create public prejudice against the person charged in such advertisements as the offender, and who was to be tried in this court on an indictment found against him, to the manifest perversion of public justice.
By the Court.
The court on Saturday morning the said 23d day of April, 1757, proceeded to the trial of James Morris , the person charged in the said advertisements as the aggressor, and who was indicted by the name of James Morris , gent. otherwise John, otherwise Joseph, otherwise call'd capt. Morris , for that he on the 15th day of June, 1756 . assaulted Mary the wife of Terence Shortney , and by force and against her will feloniously committed a rape on and had carnal knowledge of her body .
Mary Shortney being sworn deposed, That on the 10th of June in the year 1756, she had been to Clifford-street, to wait upon a very good friend of her husband's and hers, to solicit his favour on her husband's behalf, where she met with great disappointment, and in coming back from thence she sat herself down as much distressed, in one of the chairs in the Green park, to rest herself. Mr. Morris the prisoner came up to her there, and asked her leave to sit down by her, and then said, Madam you seem to be greatly in trouble, and look to be more overwhelmed than a person of your years usually is, and I have often observed you as you have passed and repassed this way, that you always look'd melancholy; to which she answer'd, God help me, young as I am I have met with a large share of trouble, which is needless to acquaint you of who are a stranger to me; and then he asked her if she was married, and she said yes. Then he asked her if she had a bad husband, and she said she had as good a one as any woman had; he then entreated her to let him know the nature of her affairs, and told her he had a wife for whose misconduct he was obliged to part with her, after having had nineteen children by her, that he was then in morning for a relation or friend that had left his two daughters five thousand pounds each, and that he had an income of his own of five thousand pounds a year, and that as his inclinations were always exerted to relieve the unhappy, he beg'd of her to let him know her misfortunes;Marybone , where Mr. Morris carried her into a room up stairs, and ordered some wine and a basket of cakes, and as soon as he was served with them and the servant was gone down, Mr. Morris began to talk to her in a different strain to what he had before spoke to her, and said he hoped she would comply with his desires. On which she told him she would perish by inches first, and thereupon he said the finest ladies in the land will do it, and that adultery was no sin in the eyes of the Almighty, it was only call'd so by the vulgar; that he pull'd her and teaz'd her all the time, and at last by force threw her on the carpet which was in the room, from which she got up again upon her knees, and beg'd and intreated him to let her go home, and that she would never mention the offence he had attempted to be guilty of, but would bear it in her own breast; then she got up and went to the door, which she found fasten'd, on which she went to the window in hopes to see somebody; that he then seized on her behind, and threw her on some chairs, and struck her head against some part of a chair, which stunn'd her, and then he committed the vile fact on her by force and against her will. As soon as she could get from him she told him she would bring him to justice, notwithstanding the distressed circumstances her husband was in. On which he said, have patience and compose yourself, and not go to expose yourself, as it would only gain her husband's displeasure; and that as no body was high or by to prove the fact, she would only ruin herself, and render him incapable of doing what he had promised on her husband's behalf: and he said he would do every thing according to his promise for her and her husband, and ten thousand times more, if she would but behave with discretion. To which she gave him no answer, but beg'd he would send her home; and as she said she was unable to pay for a coach, he carried her back along with him in a coach, and in the coach he repeated his promise over and over, and said he would make it ten thousand times more if she would keep what had happened to herself. That when she got home she told her husband she had seen the gentleman she had before told him of, and what he had said to her; and her husband very chearfully wrote out the list of his effects pawned. And as for several days after that she never heard from Mr. Morris, her husband said, as you do not hear from this gentleman, according to the promise you told me he had made, I'd have you write to him, which she accordingly did, and thereupon he promised to meet her, but did not; then she wrote a second time, but he did not meet her; but she afterwards seeing him he did her be easy for a few days, and afterwards again meeting with her he desired her to walk through the narrow passage into St. James's street with him, which she did, and when he got her into the passage being a
Q. Did you write those letters yourself?
Answer. I wrote them from copies my husband first wrote.
Q. Give an account of the contents of the first letter?
Answer. I did not take a copy of it.
Q. Do you know it again when you see it?
Answer. If I see the letter I can swear to my own hand.
Q. What was the substance of the first letter?
Answer. To appoint a time for Mr. Morris to meet me.
Q. How long was this after you had been with him to Marybone?
Answer. I can't tell to a day.
Q. Can you to four or five ?
Q. Can you tell when you sent the second letter?
Answer. Not to a day.
Q. Can you to four or five?
Answer. No, it was but a few days distance.
Court. It will be necessary for you in point of law to be a little more particular as to the assault on you by Mr. Morris, and what he did afterwards to you.
Answer. I will answer any question.
Court. She shall be asked in her cross examination.
Council for Prisoner. We make no doubt of what an answer she will make.
Q. Had you ever seen the prisoner before he came to you in the Green-park?
Answer. As I have gone to Bond street I remember such a gentleman, but no farther, and I have met him in the Park with a couple of dogs.
Q. What is your husband's employ?
Answer. He did belong to the machine at Westminster Bridge, but does not now.
Q. Did you tell him you had been abused by Mr. Morris, in the way you have mention'd, when you came home from being at Marybone with Mr. Morris?
Answer. No, Mr. Morris told me the great things he would do for my husband, and no body being near, high or by, when he did the act, I thought if I told my husband of it, it would ruin me for ever, and I chose rather to pine my life away, than to let my husband know of it.
Q. Did Mr. Morris, the prisoner, tell you his name?
Answer. He did, I did not know it before.
Q. What did he say his name was?
Answer. He said he was colonel Morris; he told me also where he liv'd, and that he had an income of five thousand pounds a year, but from what I have heard since, it is not so.
Q. Did he tell you his christian name?
Answer. No, he did not, he said he was a colonel in the guards, and by the directions he gave me I found him out.
Q. On which letter did he meet you?
Answer. The second, and bid me be easy for a few days.
Q. from prisoner (he shews two letters and a cover) Are these your hand writing?
Answer. These are my hand writing, and this is the cover, taking them into her hand.
Then the prisoner shew'd her a third, a fourth, a fifth, a sixth, a seventh, an eighth, a ninth, all which she own'd to be her own hand-writing, and sent by her to the prisoner. They were read in court, and are as follows.
When I had the favour of seeing you, you promised to see me the day following, and as I have not had that favour ever since, I am afraid you, good Sir, are displeased with me in some shape, which heaven forbid. I beg you will please to let me see you this morning at the usual time. If you choose to favour me with any answer by the bearer, please to let it be by a line sealed up, for reasons I shall tell you when I have the pleasure to see you, which I hope will be this day.
I am with all gratitude and respect,
Your most humble servant, M. SHORTNEY.
29th June, 1756. To capt. Morris, in Bolton-street.
I was in great hopes to have the favour of seeing you yesterday. I attended almost all the day, from one at noon, till eight at night. I shall esteem it the greatest favour, that you, good Sir, will be pleased to spare me three minutes of your company this day. I am now in the Park, where I shall wait your kind answer.
I am with all duty and respect,
Your much obliged and very humble servant, M. SHORTNEY.
July 1st, 1756. To capt. Morris, in Bolton-street.
As it is no more in my power (nor do I think it possible) sufficiently to apologize for being so troublesome to you, than it is to extol your unparallel'd kindness to me, I shall not attempt to trouble you to read any thing I am able to write on that head, but this please to give me leave to assure you of, that a more grateful heart is not under the canopy of heaven than my abject self is possessed of, and that I and my poor husband, whose heart is so full of gratitude to you my dearest and best of gentlemen, that he can scarcely contain himself, shall be ever on our tiptoes to merit your kind and great favours. As you, dear Sir, was pleased to promise to see me this day without saying what time, I now most humbly beg to know, what hour you will do me that favour. I wait your kind answer as before.
I am with unalterable gratitude, and the highest respect,
Your most obliged and ever dutiful servant, M. SHORTNEY.
Saturday morning. To capt. Morris in Bolton-street.
I am frightened almost to distraction left you think me troublesome; if I am my dear Sir please to tell me and I shall never be so any more, my study shall be to deserve your favour. I humbly and most pressingly beg you will please to appoint a time that I may have the favour of speaking a few words to you, I shall not detain you many minutes.
I am, with all deference and respect,
Your ever grateful and most obedient Humble servant, M. SHORTNEY.
I wait the favour of your answer as before.
Tuesday morning. To capt. Morris in Bolton-street.
From the experienced knowledge I have of your good nature, I humbly presume you will not think me too troublesome. I made bold to write you a line a Saturday, and received for answer that you would please to see me at seven in the evening, and I waited in hopes of that favour from before that hour, till past eight. I most humbly beg the favour of seeing you this day; if you, good Sir, can spare time now, I shall not detain you three minutes. I wait your kind answer as before.
I am with the utmost sense of gratitude, and due respect,
Your most obliged and ever dutiful servant, M. SHORTNEY.
To capt. Morris, in Bolton-street.
I have such an absolute necessity to speak two or three words to you, that I most humbly and most pressingly beg, you will be pleased to let me have that favour row; my dear Sir, I beseech you not to deny me this favour, for which I now in great hopes wait. I shall not attempt to trespass on your time three minutes if you please. I must entirely rely on your goodness for pardon for my thus importuning you.
I am with inexpressible gratitude, and the greatest respect,
your ever dutiful, and most obedient servant, M. SHORTNEY.
To Capt. Morris, in Bolton-street.
Words cannot express the uneasiness for fear I have in some shape offended you, which heaven forbid; this I dreadfully apprehend from my not having the favour of seeing you, agreeable to your several promises. I every day waited, and God knows with an aching heart; what adds infinitely to my fear is, that I saw you on Saturday evening, in the Park, twice, and paid my respects to you in a prudent manner, as I thought, and you did not take the least notice of me; I waited till almost 10 o'clock; sure you, dear Sir, who was so feelingly touched with my unhappy case, so kindly assisted me, and in your great goodness was pleased to promise me your future friendship, will not turn your back to me without a real cause; (which indeed you shall not have from me) my fears and apprehensions does almost distract me; if my importunity has unhappily displeased you, my dear Sir, pardon me, I shall not do it any more. I am and shall be quite unhappy till I have the favour to speak to you, which I beg, for God's sake, you will let me have this morning; I shall
I am, with the utmost sense of gratitude, and the greatest respect,
Your most obedient and most humble servant, M. SHORTNEY.
Monday Morning. To capt. Morris, in Bolton-street.
I waited yesterday evening, agreeable to your appointment; my dear Sir, please to pardon my being thus troublesome, which I cannot help till I have the favour of seeing you, which favour I hope you will now please to do me, as I shall wait in hope thereof.
I am with due respect,
To capt. Morris, in Bolton-street.
I most pressingly beg the favour to speak a word to you; sure, dear Sir, you can spare me one minute; I am the bearer of this myself.
I am, with due respect,
Your most humble servant, M. SHORTNEY.
If I have not the favour to see you now, I shall wait all the morning and all the evening, for see you, by some means, if you please, I must.
Wednesday Morning. To capt. Morris, in Bolton-street.
Q. Did you discover the whole that happen'd between you and Mr. Morris to your husband, after he made the second attempt?
Answer. I did.
Q. Can you tell how many letters have past?
Answer. No, I cannot; my husband first wrote all the nine letters which have been read, and I copied them and sent them.
Q. How often might you see him after the 15th of June?
Answer. Upon my word I can't positively say how many times. I saw him two or three times.
It was three times, and he proposed every time what he would do, and beg'd that I would not divulge any thing.
Q. What were the favours he had done you?
Answer. He gave me a moidore, and likewise went to the duke of Grafton to speak in the behalf of my husband, as he told me, and found my husband upon the list for a messenger, and recommended him also to the duke.
Q. When did you make the first discovery of this to a magistrate?
Answer. It was in September.
Answer. At Hick's Hall, where the indictment was found against the prisoner, and I had a warrant granted on it afterwards against him.
Q. Was there no proposal ever made from you or your husband to the prisoner, to make it up?
Answer. No, never, no such thing.
Q. Give an account of all the times you was with him.
Answer. I was with him on the 10th of June, the 15th, and I believe three times afterward.
Q. from prisoner. What time of the day was I with you at Marybone?
Answer. I met you at five in the evening in the Park, and we were at Marybone between six and seven, on the 15th.
Q. from prisoner. How long did we stay there?
Answer. That I can't positively say; I was in too great a confusion to observe the time. ad no watch or clock.
Q. In what room were you there?
Answer. In a one pair of stairs room backwards, out into the garden.
Q. Who did you see going up stairs in room?
Answer. I saw nobody but a servant that serv'd us there. When we got into the room I saw a man, but nobody but a servant came nigh me.
Q. How many chairs was this injury come to you on?
Answer. I don't know, neither can lay in what manner they were placed.
Q. What was you doing at the time he placed the chairs?
Answer. I was gasping for breath. I did not him take the chairs, for my back was towards him
Q. Did you, at that time, when you found the door and flew to the window, made any in order for after?
Answer. I call'd out, knock'd several times my he, and and cried, but nobody
Q. Who was the reckoning paid to?
Answer. Nobody came into the room to receive the reckoning.
Q. Who paid the reckoning?
Answer. I don't know.
Q. Who did you see in the house?
Answer. I saw nobody but a girl at going out.
Q. How old might she appear to be?
Answer. She was a woman grown. She can swear she saw me there, but I can't find her.
Q. Did you make any complaints of the injury you had received, to any there?
Q. Did you to the coachman?
Q. Whether or no you have made it a custom to solicit people in the Park about charity?
Answer. No, I never did.
Q. Did not you ask the prisoner for charity?
Q. from prisoner. Give an account of the injury you received; you are a married woman, and can very well do it.
Council for the prisoner. In what situation did you find him?
Answer. I found him in my body.
Q. Did you perceive any thing come from him?
Answer. I found him discharge nature in my body.
Q. How long ago is it that you had notice of his surrendering, and taking his trial at this sessions?
Answer. Last Thursday was se'n-night.
Q. Where is the girl you say you saw at Marybone?
Answer. She is gone to another place, and they will not inform me where.
Terence Shortney , the husband of the said Mary Shortney , being sworn sai d, That all the nine letters, as were produced, were every one of them originally wrote by him before he knew any thing of the fact, with which the prisoner now stands charged; that witness's wife told him how the prisoner had proposed to be a very good friend to witness, who thereupon said to his wife, take care my dear, and be upon your guard: As I was at that time confined at home, under the most unhappy circumstances in the world, and could not go out myself, my wife told me he (the prisoner) desired me to send him a list of what cloaths I had in pawn, which I did, and not hearing from him I said to her, I am surprised I don't hear from the gentleman, as you said he appeared to be a man of fortune.
Q. Did you ever ask any body else about him?
Answer. Not as I can recollect.
Q. What time was this correspondence continued for it certainly must be between the 15th of June and the 13th of September, when the bill was found. When was the last letter wrote?
Answer. They were all wrote near one another.
Q. When did your wife make this discovery to you?
Answer. I can't tell the day, but at that time I ran out and found him in the Park; I observed her in tears in bed before that.
Q. Did she go to see the prisoner with your consent?
Answer. She did, and as soon as she came home she burst out into tears; I said, what is the matter? She said, '' Why will you send me to look like '' an object of charity, sitting in the Park.'' Upon my hearing this I went to the Park, and ran myself quite out of breath (I did not stay to hear whether he really had committed the fact) and by the description she had given me of the prisoner I found him.
Q. Had you ever been with her in the Park?
Answer. Yes, I had often; I said to the prisoner is your name Morris? yes, said he; I said my name is Shortney. He said I'll certainly do for you; you, you villain, said I, you do for me? you have ruined and undone me. What is the matter said he; on which I said, have not you ruined my wife? I desire no satisfaction of you, you have ruined and undone me; will you fight me?
Q. When was this?
Answer. This was the very morning just after she told me what had happened.
Q. What day was it?
Answer. Upon my word I can't tell when it was.
Q. How long might it be before the bill of indictment was found?
Answer. I believe it might be about a month before, or something thereabouts.
Q. Did you get a warrant before the bill of indictment was found?
Answer. No, I did not.
Q. Why did not you get the warrant first?
Answer. I did not know what to do, I had no friend to apply to. I went to one Mr. Lee, and told him the affair. He said, he knew the man extremely well, he is a man of a bad character.
Q. How many times after the 15th of June did your wife meet him with your privity ?
Answer. Upon my word I cannot tell. I believe it may be fifteen times; very frequently.
Q. from prisoner. Look at this letter, is the same, and the name your writing?
Answer. (He takes it in his hand.) It is.
Q. from prisoner. Here is another letter, pray look at that.
Answer. (He takes it in his hand.) This is my hand-writing. Then the letters were read, and are as follow:
I humbly hope, as you in your great goodness have been pleased, from the melancholy account you have given my wife leave to relate to you of our distresses, to aid us in the kind and charitable manner you have done, and have promised us your future aid (unheard of goodness and charity! to a degree that wants a name) that you will please to pardon my taking this unseemly liberty, for which I blush; but my wife has sent me word, that you are going out of town for some time, which indeed is the principal cause of my presuming this liberty. That the great God may pour down a succession of blessings on you, shall be my constant prayer whilst I breathe. At least this I am confident of, that your benevolence will not be unrewarded, and I am pleased with thinking that the providence of the Almighty has sufficient blessings in store for such unutterable goodness, and will discharge the obligation certainly, though it might not be pleasing to his Divine Will to make me the happy instrument in doing it. However, nothing in my power shall be wanting to shew my gratitude; I shall make it the business of my life to thank you, and to deserve your kind favour. As I have not the honour to be known to you, shall not presume to say farther of myself than this, that if I could be enabled to wait on you, and that you would be pleased to give me leave to do so, I flatter myself, you, good Sir, will find me deserving of bread, as indeed, Sir, there is nothing in my abilities, becoming a man, that I would not chearfully do for honest bread. Be pleased to believe me, that I am not an idle nor an indolent man, though I am, God help me, so much distressed, I have been living, or rather starving on promises, till I have been necessitated, to keep life and soul together, to leave myself destitute of even such apparel as entitles me to look after any sort of bread, and must now, with my poor wife, inevitably perish, unless immediately relieved; in short, words cannot tell our deplorable situation at this present juncture; upon the whole, as you, good Sir, in your wonted goodness have been pleased to give me such strong instances that you are a truly charitable and humane gentleman, I humbly make bold to lay our melancholy case before you, in hopes that you, in your great goodness, will be pleased to enable me to recover as much of my cloaths, as will enable me decently to go out of doors in, which indeed, good Sir, will prevent the immediate ruin of the most abject, the most grateful young couple under the canopy of heaven. I shall hope your kind answer, and am with all deference and respect,
Your most obedient and most humble servant, T. SHORTNEY,
Chapple-street, Westminster, opposite the Bluecoat-school, July 13, 1756.
When I spoke to you Friday noon on the immediate knowledge of the cruel injury you have done me, under the pretended sanction of friendship, I then (God help me) could not talk coolly to you, as indeed how could I; O misery, misery, what have you exposed me to? Or can you ever expect to look your Maker in the face? - Without saying more, for I cannot now dwell upon the unhappy subject, if you will immediately enable me to dispose of what was most dear to me, that you cruel man have vilely forced from my arms, so that she may not become an open shame, and enable me to wast myself to some foreign isle, where I may struggle through the remainder of my life with some peace, for here I can never have any, I shall be satisfied to let the unhappy matter be buried in oblivion (this you know you ought in conscience to do, even if the law would not touch you, but
I have not open'd the matter to any one as yet, my lawyer will be in town this evening, till which time I shall be at home, and if you have a mind to accommodate the matter privately; I will see you calmly, provided you act with any necessary prudence; but, by all that is heavenly, if you suffer me to stir at all, nothing can or shall prevent my going to the utmost length to do myself justice. I will admit of no solicitor but yourself; I value my character, though in distressed circumstances, as much as any man under heaven, so that if this matter is the least exposed, which it will be tomorrow (unless you prevent it this day) I will never drop it till I have the satisfaction the law allows me; this you will find to be orthodox, and if you chuse to find it necessary to absent yourself, you will find it will stick to you as close as wax; notwithstanding, I tell you once more, Sir, that I will give you but this day to consider, and that I shall be at home till evening.
The injured T. SHORTNEY.
Q. Was not your wife very frequently in the Park, soliciting alms?
Answer. No, never; our circumstances were very poor, I very frequently sent her out, in order to get my cloaths out of pawn, and to get money from her friends, because I was in such unhappy circumstances.
Q. from prisoner. What was you bred to?
Answer. I serv'd my apprenticeship to a merchant.
Q. from prisoner. How long have you been from Dublin?
Answer. I believe about four years.
Q. How long have you been married?
Answer. Upwards of three years.
Q. from prisoner. What do you mean by the machine at the New-bridge?
Answer. I was concerned in the Dover and Canterbury machines, that came there about two years and a half ago.
Q. Did you write the printed case produced in court?
Answer. I did.
Q. Can you fix the precise number of times you understood your wife had met Mr. Morris ?
Answer. It might be fifteen or twenty, or it might be a great many more.
Q. How long after the 13th of July was the second letter wrote by you?
Answer. It was a great distance of time after the first. I thought him my friend when I wrote the first; it was a day or two after I charg'd him with the fact in the Park.
There being no other evidence against the prisoner, the court and the jury thought it needless for him to call witnesses to his character, and the jury without going out of court gave their verdict that the prisoner was not guilty ; and after the finding the aforesaid verdict, the foreman of the jury told the court, that the jury apprehended the prosecution to be very iniquitous, and that the said Terence Shortney had prostituted his wife to set up the said prosecution, and to try to get a sum of money, for the benefit of himself and her from the prisoner, and that the jury thought the said Terence Shortney ought to be taken notice of for his said misbehaviour.
After the said trial was over, the said Wells Egelsham on the said Saturday, the said 23d of this instant April, again appeared here in court, in obedience to the afore-named order, and being called upon by the court, produced an affidavit, which was read, and is as followeth.
Wells Egelsham, of Pater-noster-row, London, printer, and Robert Spavan, of the parish of St. Clement Danes, in the county of Middlesex, severally make oath, and say, and first this deponent Wells Egelsham for himself faith, that on Wednesday the 20th day of April instant, on receiving an order of the honourable court of general sessions of gaol delivery of Newgate, holden for the city of London and county of Middlesex, at Justice Hall in the Old Bailey, on Wednesday the 20th day of April 1757, this deponent sent the other deponent Robert Spavan , to Mr. John Frip , apothecary, named in the advertisement set forth in the said order, to enquire and find out who was the author of theRobert Spavan for himself faith, that he accordingly went to the said Mr. Frip's house in Carey-street, when the said Mr. Frip's wife inform'd this deponent that the said Mr. Frip her husband was not at home, and that he was not the author of the said advertisement, but that one Shortney in Chapple street, Westminster, husband of the woman mentioned in the said advertisement, was the author thereof. And both these deponents say, that on Thursday the 21st day of April inst. they went to the said Mr. Frip's house in Carey street aforesaid, when the said Mr. Frip's wife told these deponents, that the said Mr. Frip her husband was not at home, and that the said Shortney was the author of the said advertisement, and that her said husband had only permitted the said Shortney to make use of his name to receive donations as an act of charity. And both these deponents further say, that they thereupon went to the said Shortney's lodgings in Chapple street aforesaid, where these deponents saw the said Shortney's wife, who inform'd these deponents, that her husband the said Shortney was not at home, but that he was the author of the said advertisement, and that she herself was the woman mentioned and described therein. And these deponents further say, that they thereupon went back to the said Mr. Frip's house in Carey-street aforesaid, where they were informed that he was at a public house in the neighbourhood, to which public house these deponents went, and found the said Mr. Frip in company with the said Shortney, when the said Shortney owned to these deponents, that he was the author of the said advertisement, and that he himself wrote it and brought it to be printed in the news paper called the Public Advertiser, and that his name was Terence Shortney , or to that effect. And this deponent Wells Egelsham faith, that the said advertisement was printed in the said news paper through inadvertency, and mistake, as supposed to be only a common begging advertisement; and this deponent is heartily sorry for the offence given thereby.
Sworn the 23d day of April 175, at the Sessions house in the Old Baily, before
MARSHE DICKENSON, Mayor.
After the reading of these affidavits, the said Wells Egelsham expressing a deep sense of the heinous nature of the crime which he had been drawn in to commit, and solemnly engaging for the future to take effectual care, that nothing improper should slip or be put into any paper he should print - The court severely reprimanded him for his said offence; and in regard to the frankness and ingenuity of his discovery and confession, did not think sit to proceed any further against him in a summary way for his said contempt.
The said Terence Shortney was then called upon, who appeared in court, and owned that he drew the said advertisement publish'd as aforesaid in the said daily papers, and that the draught thereof brought into court by the said Wells Egelsham, as aforesaid, was all of his, the said Terence Shortney 's, own hand writing, and that he delivered the said draught to the said Wells Egelsham, to be printed in the said Public Advertiser.
Then the said John Frip being called upon, appeared in court, and owned that before the said advertisements printed as aforesaid were carried as aforesaid by the said Terence Shortney to be printed, the said Terence Shortney called upon the said John Frip , and desired his permission to suffer the name of the said John Frip to be inserted in the said advertisements, for receiving the donations which should be made in pursuance of such advertisements, and that he the said John Frip consented thereto as an act of charity, without any apprehension of it's bad tendency. And the said Terence Shortney and John Frip severally intreated the court to forgive them.
The said Mr. Morris, who remained in court, apprehending himself much aggrieved by the insertion of the said advertisements in the said Public Advertiser, and requesting the court that he the said Mr. Morris might be at liberty, and have leave of the court to prosecute the said Terence Shortney and John Frip at his own expence, for their said offences, the court thereupon ordered them to be severally prosecuted for the same, and that the said Mr. Morris should enter into a recognizance to prosecute them for the said offences, at the next sessions of Oyer and Terminer and gaol delivery which shall be holden for the said city of London and county of Middlesex, and the said Mr. Morris thereupon in open court entered into such recognizance; and the court then farther ordered that the said Terence Shortney and John Frip should find sufficient sureties for their appearence at the said next session, to answer for their said misbehaviour; and that untill they should find such sureties, they should severally stand committed to his majesty's gaol of Newgate.
But the said Terence Shortney acquainting the court that it was not in his power at present to find any bail for his appearance at the said next sessions of Oyer and Terminer and gaol delivery, to answer his said contempt, he was ordered to remain in the custody of the gaoler of his majesty's said gaol of Newgate, until he should find sufficien t sureties for his appearance at the said next sessions, to answer for his said misbehaviour, in writing and causing to be printed, in the Public Advertiser as aforesaid, the said scandalous and malicious advertisements, tending to prejudice a question depending in this court, on a criminal prosecution against the said Mr. Morris, and to raise money unlawfully for carrying on such prosecution, and to the perversion of the publick justice of this kingdom.
142. (M.) Jane, wife of Matthew Smith , was indicted for stealing two linen sheets, value 5 s. one blanket, value 4 s. two linen pillow cases, value 1 s. one linen tablecloth, two towels, two pewter plates, one pewter spoon, one brass candlestick, one copper saucepan, and one copper tea-kettle , the goods of Joseph Winkworth , April 11 .
Joseph Winkworth . I live in St. George's, Hanover-Square , and am a carpenter and joiner . The prisoner took a ready furnish'd lodging room of me, at two shillings and six-pence per week. She had been in the room about five months. I missed the goods mentioned on the 11th of April, and I found them pawn'd in her name. (Produced in court and deposed to, except the tea kettle.) She kept her payments pretty well till lately; there was due about five shillings.
My husband had been sick a great while, and I pawn'd these things through necessity, with an intent to get them again, as soon as he could get any money.
Q. Where is their warehouse?
Barker. That is in Bush Lane. (A cake of copper produced in court.) I verily believe this belongs to the company. I have one here to compare with it. They are made in Wales, cast in an iron mould. I have the bill of lading, and the letter of invoice, 2052, and there were only 2049 received at the company's works at Lambeth.
William Badcock . I live at Letchley, and bring copper up here for the company. I have often lost some. The bill of lading of cakes, which I brought on the 17th of March, was 2052, and when they came to town there were three cakes missing.
Richard Mitchel . I received on the 17th of March 2049 cakes of copper, at the company's warehouse at Vaux-Hall. They were brought by Woolridge's lighter. I took an account of the weight and number of them.
Q. What are you?
Hunter. I am a stone-mason.
Q. What is the prisoner?
Hunter. He is a stone-mason.
Q. What did his reckoning come to?
Hunter. To nine shillings.
Q. Do you keep an alehouse?
Hunter. I do.
I went on the shore near Queen-Hithe, and found that cake of copper. I carried it to Hunter's house, and told him I had found it, and if any body own'd it to let them have it.
Q. to Hunter. Did he say so?
Hunter. He did.
Nathaniel Walker , one silk gown, value 10 s. and one linen gown, value 5 s. the property of Jane Lawrrat , widow , privately in the shop of the said Archibald , March 21 .
Archibald Marr . I have known the prisoner about four or five months. I lost five gowns out of my shop on the 21st of March. I suspected him, he having been there between seven and eight o'clock that same day. I took him up on the Saturday following on suspicion, and charged him with taking them. He own'd he took them, and told me also where he had pawn'd them; and he went with me to the pawnbroker's, where we found them. This was on the 28th of March.
Q. Where did they lie in your shop?
Marr. On a shelf, about seven feet high. He shew'd us how he got at them, by laying his knee on the counter, and then reach'd them down.
Q. Was he a servant in your house?
Marr. No, he was not.
Q. Whose property were they?
Q. What is the value of them?
Marr. They are worth about thirty shillings.
Elizabeth Scott . The prisoner brought a black gown, and pawn'd it with me on the 14th of March for three shillings. After that he came with Mr. Archibald Marr and asked for it, and I delivered it to them.
Q. What might the value of that be?
E. Scott. It was worth about five shillings.
Q. What was the value of it?
Walker. It may be worth about seven shillings.
Prisoner. I have nothing to say, but leave myself to the mercy of the jury.
Guilty , Death .
John Burton . The prisoner does labouring business: I employed him one day in my barge, and was informed the next day, that Samuel Smith , my servant , had lost a pair of shoes, which cost him five shillings and six-pence. They charged the prisoner with taking them. He swore he'd send him and another of my servants to gaol for taking his character away, I took the prisoner up, and charged him with stealing the shoes. He at first denied taking them. Then he told me he would let me have them if I would let him go; I promised him I'd be favourable. Then he went and took them from a place where he had hid them, so I went to give him a mug of ale for his honesty, and he took an opportunity, while I was stooping, to shove me on my face and get out at the door; I went after him, and took him.
I was very much in liquor, and did not know what, or did.
Q. to Burton. Was he in liquor?
Burton. He was not at all in liquor.
146. (M.) Mary Steward , widow , was indicted for stealing two brass candlesticks, value 12 d. two brass ornaments for a stove, value 12 d. and one bell, value 3 d. the goods of Elizabeth Manington , March 24 .
Q. How do you know that?
J. Anderson. I found her in the house the day following, and charged her with taking them; she own'd she had taken them, and that she had sold them to Mr. Haygath.
John Haygath . The prisoner at the bar brought the things mention'd in the indictment to me this day fortnight, and the day after the last evidence came to inquire of me if I had bought such things. I told her I had.
Q. What are you?
Haygath. I am a founder.
Q. What did you give her per lb?
Haygath. I gave her 8 d per lb; they came to 2 s. and 3 d. (produced in court.)
Q. to J. Anderson. Do you know these things, whose property are they?
J. Anderson. They are the property of my mistress.
Haygath. The prisoner told me she came from Mr. Smith, a saddler in Gray's Inn-Lane, who, she said, recommended her to me; it is old brass, fit for nothing but melting.
I went into the house with a view to get some shavings. I did not intend to take any thing when I went in.
Guilty, 10 d.
George Mead was indicted for stealing one saw, value 18 d. the property of Jos Woodland , one saw, value 4 s. the property of William Glide , and one saw, value 3 s. the property of John Warne , March 23 .
Jos. Woodland. I am a carpenter , and was at work at a building in Streaton Street . The prisoner had been in the works with us, and was by my bench about two hours. I took him up on suspicion, when he confessed to me he had taken my saw and the others, and went with me to the pawnbroker's in Carnaby Street where he had pawn'd mine.
Q. What is the value of your saw ?
Woodland. It is worth 18 d.
Q. What is the value of it ?
Glide. It is worth 4 s. He took me to the place where he had pawn'd it, and there it was produced.
Q. What is the value of it?
Warne. It is worth 3 s.
Q. How do you know he stole it ?
Warne. Because he confessed it, and went with me to the pawnbroker's where it was found.
Q. Where are the saws ?
Warne. They are in the hands of the constable, who is not come.
Q. What did you lend him thereon ?
Quince. I lent him 3 s.
Warne. That was my saw, I have seen it since.
Q. What might they be worth ?
Slayter. One might be worth about 4 s. the other 1 s. and 6 d.
Woodland. I found my saw at this man's master's house.
Glide. I found mine there also.
I carried but one saw to this man's house. I leave it to the mercy of the court. It was a case of necessity, as I did it to pay some money, or I must have gone to the Gatehouse.
Samuel Isaac . I never saw the prisoner in my life till after he was taken up. On the 22d of February betwixt six and seven in the evening I lost a copper stewpan. The day following I went about to the pawnbrokers shops, to see if I could find it. On the Thursday morning Mrs. Rochfort said she had got it. I saw it; it appear'd to be mine.
Q. What is the value of it ?
Isaac. It is worth about 6 s.
Q. What did he pawn it for?
A. Rochfort. For five shillings. He said my boy knew him. I turn'd to the boy, and asked him if he did. He said he did, and that he was a customer of ours; it is the same stewpan that the prosecutor own'd.
Q. What is the value of it?
A. Rochfort. I believe it is worth more than the prosecutor has mention'd; it is quite a large stewpan.
I had it of another man, who sent me to pawn it;
149. (L.) Richard Perrin was indicted for stealing one wooden cask, call'd a puncheon, value 10 s. and 952 lb. weight of melasses, value 20 l. the property of his majesty ; it was laid over again to be the property of persons unknown, Mar. 12 .
John Fletcher . I am a labouring man. The prisoner employed me on the 12th of March, about one o'clock in the day, in helping John Garnsey to roll a vessel up about five or six yards, from Cox's-Key into the gateway, and after that to load it into a cart.
Q. What was in it?
Fletcher. I can't tell that.
Q. Do you know this Garnsey?
Fletcher. He works upon the Keys; but I did not know his name before.
Q. What is your employ?
Fletcher. I do any thing for a living.
Q. Are not there some dregs or scrapings of casks, that are the porters perquisites ?
Fletcher. Yes, there are; that belongs to the wharfinger's men.
James Dougen. I was a servant to the wharfinger between eight and nine years; there was a man came in the prisoner's place after he was turn'd out. I do not know his name, but we call him Francis.
Dougen. I can't say when. On the 12th of March I helped to roll a vessel out of the way of the carts, near a door in Fresh-Wharf gateway. I went afterwards to see if it was safe, or not, and this Richard Perrin was standing in the gateway. He said, '' This is a puncheon of melasses, and I'll load it away presently.'' I thought it was his perquisite. Sometimes we get a good deal of it, and are two or three months in gathering of it.
Q. How much might there be of it?
Dougen. About eight hundred and a half, or three quarters.
Q. What do you sell it for?
Dougen. For about twelve or thirteen shillings per hundred.
Q. How long had the prisoner left his place ?
Dougen. I can't say how long.
Q. What is that you call perquisites ?
Dougen. It is the sugar that runs in the buildings, and our master gives us that for keeping the warehouse clean.
Q. Did not you once send the prisoner of an errand for you?
Dougen. No, never.
Q. Did not you send him with a receipt of your's?
Dougen. He desired me to make a receipt for him.
Q. Who received the money?
Dougen. He did.
Q. What was that receipt for ?
Dougen. He came and said to me, '' As you are '' a person in our service, and Mr. Featherstone '' knows me to be out of my duty, if you'll make '' the bill he will like it better:'' so I did it, as being of service to him to get the money.
Q. Was not that for this puncheon ?
Dougen. I don't know what puncheon it was for.
Q. Who drew the bill of parcels, and wrote the receipt at bottom?
Dougen. That was the bill which I wrote in my name, to serve the prisoner at the bar.
Q. What was that bill for ?
Dougen. It was for melasses.
Q. Did you, yourself, write it ?
Dougen. No, it was wrote by a friend of mine: I can neither write nor read.
Q. Had you no share of the money he received ?
Dougen. He came to me, and gave me some of it.
Q. How much did you receive of it?
Dougen. I can't say positively how much.
Q. Did not he bring you 5 l.?
Dougen. No; he bid me take some off the table for making the bill.
Q. Where was this?
Dougen. At the Bull, in Pudding-Lane.
Q. How much was the receipt for?
Dougen. For five pounds, nine or ten shillings.
Q. Did not you give him a guinea on some consideration or other ?
Dougen. No. I did not.
Q. Had he any more than a guinea of that money ?
Dougen. He had the rest of it.
Q Had you, or he, most of that money ?
Dougen. I had not; but I don't know justly what I had.
Q. Did Mr. Featherstone buy that puncheon of melasses ?
Dougen. I really do not know.
Q. Was the puncheon full ?
Dougen. I can't say whether it was full or not.
Q. Supposing that full of melasses, what is the value ?
Dougen. We have had about twelve or thirteen shillings per hundred weight.
- Stoaks. I am a carmin: I carried that puncheon out of Fresh-Water gateway, to Mr. Featherstone's in the Minories.
Q. Who call'd the cart ?
Stoaks. I do not know who did.
Q. Did you see the prisoner when it was lo aded?
Stoaks. No, I did not.
Q Did you see Dougen, or Fletcher, there ?
Stoaks. No; somebody call'd carman down the gateway, so I went down, and followed the cart.
Q. Who did you see when you came there?
Stoaks. Nobody: I turn'd about and the puncheon was roll'd up the gateway, and then three men were there, and put it into my cart; they were up at the capstern.
Q. Who gave you the order to carry it to Mr. Featherstone's ?
Stoaks. While I was binding my cart Richard Perrin went up the gateway. I asked him where I was to go with it. He said into the Minories. Then I said I know where, for I have carried several there before; it is to Mr. Featherstone's. He said it is.
Q. How came you to ask the prisoner where to carry it?
Q. What was in the vessel?
Stoaks. I do not know; it was bung'd up.
Q. Was it a melasses puncheon?
Stoaks. It was. As I was going down the Minories I met the prisoner coming back, who said he had been there.
Q. What was in the puncheon?
Garnsey. I do not know.
Q. What was the weight of it?
Garnsey. I do not know that.
Q. Whose cart did you load it in?
Garnsey. I do not know.
Morse Day . On the 3d of March I was in the Ambery , where Mary Dwyre held me by my coat, took my watch out of my pocket, and gave it to Sarah Morris . Dwyre held me by my waist while she ran away with it.
Q. What time of the day was this?
Day. This was about eleven o'clock at night.
Q. Was it in a house, or in the street ?
Day. It was in the street; after that Dwyre ran away.
Q. Did you know them before?
Day. No, I did not.
Q. Was it a light or dark night?
Q. Which pocket did she take your watch from?
Day. From out of my coat pocket. After she had stole it, she took my stick and flung it away, and said, '' Why don't you go and take your stick?'' This was to hinder my taking the other. I carried Dwyre to the Round-house, in St. Margaret Church-Yard.
Q. Where did you find Morris?
Day. She came accidentally along with two women to justice Fielding's. I knew her directly, and challeng'd her.
Q. Did you ever find your watch again?
Day. No, I never did; she said she knew nothing of it.
Bright Wilmot. I was constable of the night; the prosecutor brought Mary Riland to me, at St. Margaret's watch house, and charged me with her; I asked him what he charged her with; he said, he had lost his watch. I went to search her, and he said I need not, for another woman had ran away with the watch; then there came a man to me, who gave me an account of the other prisoner, I went and took her, and brought her and two other women one by one into the room, and he knew her at first sight.
The prosecutor has been with me backwards and forwards in Horseferry-Road for above these twelve months past. He ordered me to come there to him that night. I went and said to him, will not you give me some money, as you promised me? I am now with child by him. He said, '' You bitch, if you follow me, I'll charge a constable '' with you.'' When he found I would not leave him he said, '' I put my watch into my coat '' pocket, and she has taken it out.''
Q. to the constable. Did he seem to have known either of the prisoners before?
Constable. No; he said that night he had never seen them before.
Q. Was he sober?
Constable. He was compos mentis, half in half, not very sober.
Q. Did Dwyre talk as if she knew the prosecutor before?
Constable. No, not a word of that sort.
Both guilty .
152. (M.) Sarah Jones , spinster , was indicted for stealing one pair of worstead stockings, value 2 d. four linen caps, value 4 d. one cotton gown, value 9 d. and one half ell of dowlas, value 6 d. the property of Sarah Dew , spinster , Mar. 10 .
The prisoner had nothing to say in her defence.
Guilty, 10 d.
153. (M.) Samuel Maialle was indicted for stealing one feather bed, value 12 d. one bolster, value 12 d. one sheet, value 12 d. one blanket, value 12 d. and one saucepan, value 6 d. the goods of Edward Rogers , out of a certain lodging room let by contract , &c. April 4 .
Mary Rogers . My father's name is Edward. I let the prisoner a ready furnish'd lodging, being a back garret up three pair of stairs, and he was to pay 20 d. per week. He took the things mention'd in the indictment out of the room.
M. Rogers. He own'd it, upon my charging him with it, and that he had pawn'd them, and where; I went to the pawnbroker's and found them, and they were delivered to me.
Q. What is the pawnbroker's name?
M. Rogers. He is here.
Q. from prisoner. Was it not by your consent that I pawned these things?
M. Rogers. No, I did not know when they were gone. When he pawned the coverlid, sheet and saucepan, I asked him about them, and he own'd it, and because his wife lay in my heart bled for them; but there was no consent of either my father or mother, nor me neither, and we did not take him up till after he had pawn'd the bed, which was some time after.
Q. Did he then make any pretence that they were pawn'd with the consent of the prosecutor?
Brown. No, he did not then mention any such thing.
Deborah Humphreys . I live in St. Ann's Westminster, and am a pawnbroker. The prisoner has pawn'd several things at our house; there were a bed, blanket, sheet and saucepan, which we delivered up to Brown the constable when he came. I can't say when they were pawned, but they were brought at several times.
M. Rogers. They were.
This day month, or three weeks, I was out at work, and we were all in friendship together. She came to this agreement, that I should fetch these goods out at my leisure as I could, but my wife and they have fallen out since, so they have taken me up to prosecute me.
Guilty, 10 d.
William Kitchen . I am a shoemaker , and live at the corner of Grafton-Street . On the 8th of March I was not at home. The prisoner was taken in the street, and brought back with two pair of shoes my property (producing them.) I came home soon after.
Christopher Theade . I was standing at my door on the 8th of March, about four doors from the prosecutor's. I heard a cry of stop thief. I saw the prisoner running. I pursued her, and found she had these two pair of shoes in her lap. I stop'd her, brought her back, took them from her, and delivered them to the prosecutor.
I never was in such a place before, and I don't know what to say; I hope the court will be favourable.
Guilty, 10 d.
William Kitchen . Three weeks ago last night, I had three pair of shoes brought in by one workman; the next morning I missed one pair of them, and while I was looking for them a pawnbroker, from Denmark-street, came and informed me he had stop'd such a pair:
Thomas Harrison . I live with a pawnbroker. I stop'd this pair of shoes upon the prisoner, seeing a mark upon them, when she came to pawn them on the 1st of April. My master went the next morning to inform Mr. Kitchen of them.
Q. What did she say to you about the shoes?
Harrison. She said she bought them in Cranbourn-Alley.
Q. Did you know the prosecutor's mark ?
Harrison. I did, and that he did not live in Cranbourn-Alley.
Q. How came you to know his mark ?
Harrison. We have a book with every shoemaker's mark, and where they live. (Produced in court.)
Q. to prosecutor. Look upon these shoes.
Prosecutor. I know these to be my property, which I lost that night; they are a pair particularly mark'd.
Q. Did you see them brought home?
Prosecutor. No, I did not.
Q. Have you the workman that brought them home here?
Prosecutor. No, I have not.
Lewis de St. Amond , February 2 .
157. (M.) Sarah Smith , spinster , was indicted for that she in a certain field, or open place, near the King's Highway, on Elizabeth Rowlington , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one pair of silver buckles, value 4 s. her property , March 29 .
Thomas Perkins . I saw the prisoner come along with a child on the 29th of March; I thought the child did not belong to her. I followed them to the Long-field, Southampton-Row. She went to Tottenham Court . I followed her thither, where she had the child in a ditch. I was within about twenty or thirty yards of her at the time. I had observed that the child had buckles on, but after that, the flaps of her shoes hung about, and the buckles were gone. I said to her, has the child no buckles? She said, no; then I followed them to Gray's-Inn-Lane, near where the child lived. When they came to Liquorpond-Street she said to the child, '' Stay here a little time and I'll bring you '' your buckles again presently.'' There was Mr. Page. I said to him, this person has stole the child's buckles, and desired he'd fetch her back again.
Q. Where did the child live?
Perkins. It liv'd in Gray's-Inn-Lane. Mr. Page brought her back again. She was charged with taking the buckles, but she denied it at first. Then she desired to go into a private room with Mr. Page, and I saw him come out, and he had the buckles in his hand.
Q. What time of the day was this ?
Perkins. It was between ten and eleven in the forenoon.
John Page . On the 29th of March, about 11 o'clock, I saw the last evidence and the prisoner with a little child in her hand. I heard her say to the child, if you'll stay here a little I'll come to you again presently. Perkins told me the woman that was gone away had rob'd the child of her buckles. I ask'd the child if she knew that woman, she said no. I ask'd her if she had got her buckles, she said yes. I went and brought the prisoner back, when the mother of the child was there, we took the prisoner into a house, she desired to speak with me alone. I went into a room with her, then she turn'd down her stockings, and took a silver buckle from out of each stocking, (produced in court.)
A woman that I lodg'd with gave me the buckles, and said they were her child's buckles, and desir'd I'd go and pawn them for two shillings, and bring the money to her; a woman bid me take that child to school, I never touch'd the child.
Acquitted of the robbery.
Guilty of stealing.
Q. Where do you live?
Kenady. I live at the upper end of Dean-street, Soho, he continued with me till last Sunday. I found I had lost two blankets, two looking-glasses, a feather bed and a pillow, and a tea kettle, out of his lodgings. I charged him with taking them, I took him up, and he acknowledged he took them before the justice, and had pawn'd them. He went with the constable and me to the pawnbrokers where they were pawn'd, and we found them.
Hugh Lawrance. The prisoner brought a tea-kettle and pledg'd it at our house, and said it was his own, on the 7th of this instant; this is it, ( producing one.)
Q. to prosecutor. Look at this tea kettle.
Prosecutor. This is my tea kettle.
Q. Did you know the prisoner before?
Lawrance. No, but he said it was his own.
Q. What, do you take people's words?
Lawrance. Sometimes I do.
Q. Did you take it in on your own account ?
Lawrance. No, for my master; he said he liv'd in the neighbourhood.
Court. This is a very bad practice.
I did this for want, and he said if I could get money he'd make it up with me. I could not get the money, so he took me up.
William Doe . On Easter evening I went with my master's peruke (Mr. Joseph Else, a surgeon in in St. Paul's Church yard) to the maker, to get it dress'd. I had it in my pocket, and going with my son in Cheapside, very near Bread-street end , I felt something go out of my pocket. I turn'd about and saw the prisoner running with the wig in his hand, I ran and soon overtook him. I laid hold of his coat behind, and before I could take him by the collar he threw the wig from him; my son laid hold on him while I went to take up my wig, when I returned they were both down together, my son was uppermost.
John Doe . I was with my father going down Cheapside. I heard my father say he had been rob'd, and saw him run after and take the prisoner. I held him while my father went to take up the wig; the prisoner struggled, which obliged me to let fall a new coat and waistcoat from under my arm, which I never saw since. We secured him. (The wig produced in court.)
As I was going along a little in liquor, there were some black guards began to make game on me. I lost my hat and wig two or three times, but got them again; at last I lost them and got hold of this wig instead of my own.
To his Character.
Guilty 10 d.
Q. What was it worth?
Jackson. Half a crown. The next morning a watchman came to me and asked me if I had lost such a thing, I told him I had, he desired me to go with him to the constable's house, I went and found it to be mine, they had sent the prisoner to Wood-street Compter. I went before the sitting alderman and swore to my kettle (produced in court and deposed to) I know not how it was taken away, I had seen it but a little before I miss'd it.
Samuel Evans . I am a watchman; a little after two o'clock on St. David's day in the morning, I found the prisoner lying under a bulk in the Fleet Market. I pulled him out, he had got this tea kettle tied under his coat, which was taken from him in the watch-house; the constable examined him, he said he had it at Knightsbridge, and was to carry it to the Swan at Islington. I left him with the constable and went out on my duty.
Edward Maschall . I am the constable, the tea kettle here produced I took from the prisoner, it was tied under his coat. I told him he must go to the Compter, then he said he'd tell the truth if I would go by myself, which I did; then he said he had been at the Saracen's-head on Snow-hill, and seeing the tea kettle in the tap-room, and nobody being there, he brought it away.
I don't know how I came by it, nor I don't know that I was there. I had lost my hat, and when the watchman pull'd me out I took up the kettle instead of my hat.
Q. In what capacity?
Post. I serve them as shopman; on the 11th of March last, about five or six in the evening, the prisoner came into the prosecutors shop and asked me to shew her some blond lace, and I thereupon handed the drawer of blond lace before her, and she handled several pieces of lace which were in the drawer.
Q. In what manner were the pieces done up?
Post. They were rolled upon a card, and the prisoner asked me the price of several of the laces, and took some of them out of the drawer and looked at them, some times at one, and some times at another in each hand, and I told her the prices of several of them; she did not buy any, but convey'd out of the drawer two cards or pieces of lace that were therein, and I believe she had one piece of lace in her left hand, when she took the other two out of the drawer with her right hand; she laid the pieces of lace she took out of the drawer on the counter betwixt the drawer and herself.
Q. How far was the drawer from the edge of the counter ?
Post. I believe it might be about a foot; after that she sent herself as it were forward over the counter towards the drawer, and took hold on the drawer and drew it nearer to her, and then she brought up with her right hand one of those cards of lace, which she had laid on the counter, and conveyed it under her cardinal.
Q. Did she continue in that same posture, or alter her position ?
Post. She was bending then, and she bent up again and look'd me in the face, fearing (as I imagined) that I saw her; she then bent herself over the counter again, and pulled back her cardinal with her left hand, and then drew the piece of lace out with her right from under her cardinal, and laid it on the counter again betwixt herself and the drawer, from whence she had before taken it.
Q. What did she say ?
Post. She said nothing to me. After that she put her hand in the drawer and examined several pieces that were there, and passed some time away, but never offered to buy any laces that were in the drawer, and only asked the price of some she had examined; I told her the piece; then she bent herself over the counter again and took with her right hand the same piece of lace as she had before put down, and carried it with a quick motion under her cardinal, and put it as it were under her arm, and held it with her arm, and then she put her hand directly into the drawer, and taking hold of the first piece of lace that lay uppermost, she took it out and asked the price of it.
Q. Was that the same drawer ?
Post. The same drawer. I told her the price was sixpence half-penny a yard; she then desired me to cut her off a yard, which I did; she then asked me for some striped ribbons.
Q. Was this at the same time?
Post. This was directly following it. I leaned back into the window, and took the first piece of ribbon there out of the window and shewed it her; she desired me to cut off a yard without asking the price of it. I did, and folded up the yard of blond-lace and the yard of ribbon together in one paper, and gave them into her hand; then she desired to know what these was to pay. I told her twelve-pence half-penny, that was six-pence half-penny for the yard of blond lace, and six-pence the ribbon,John Mortimore , and Godfrey Major ; John Mortimore is my masters rider, and was talking to the said Mr. Major backwards in the shop.
Q. What is Major?
Post. He is a furrier of whom we buy muffs, and I desired them to step forward immediately, and told them what had happen'd and directly jumped over the counter, followed the prisoner, and overtook her about five doors from my masters, and got her back into my masters shop, by telling her she had left something in the shop, and as soon as I got her into the shop, I directly said to Mortimore, I charge this lady with taking a piece of lace; she directly said to me, Me with a piece of lace, I have not got any such thing, neither do I know any thing about it. I directly said you have, and there is no occasion for you to deny it, for the lace you have got; and then I turn'd back her cardinal, and found the lace hold between her body and her arm, (produced in court, the card of lace so took from her) and he described the manner in which she held it, putting his hand close to his body, and sticking the lower part of the lace between his arm and body, and deposed that he took the lace himself on the prisoner, and from between her body and arm under her cardinal, and gave it to the said John Mortimore .
Q. Were there any things besides under her arm?
Post. No, there were not.
Q. Where did she put the paper with the lace and ribbon she brought of you?
Post. I cannot be positive where she put it, but I imagine she put that in her pocket
Q. What quantity is there of the lace on the card you took from her?
Post. There are ten yards.
Q. What is the length of the card ?
Post. I believe it is about five inches long.
Q. Was it of that same sort of lace that she bought ?
Post. No, of a different lace about half inch wide like what he produced in court, and the lace which the prisoner took was about an inch and three quarters wide.
Q. What is that lace worth that you charge the prisoner with taking ?
Post. It is worth about two shillings per yard to any shop-keeper in London. John Mortimore carried the lace up to Mr. Dean, and when he came down and the case was told to him, he sent for a constable, and charged the constable with the prisoner, and I left them and went forward to secure the box of lace that I had left upon the counter, and likewise the other card, that the prisoner had moved from the drawer, and laid on the counter, and then I left Mr. Dean and the prisoner talking together.
Q. What did the prisoner ask for at first coming into the shop?
Post. She asked for blond lace.
Q. How many pieces might there be in the drawer?
Post. I believe there might be between ten and twenty cards.
Q. Is this a whole piece, and what is the length?
Post. I believe it is, the pieces don't run in particular lengths, sometimes they contain more, sometimes less; I believe there was none cut off the card, but it was as my masters bought it.
Q. Was the end of it so as it is now ?
Post. I believe it came to my masters so as this is.
Q. Was there any lace in that drawer of larger quantities than this?
Post. I can't justly say whether there was or not; I believe there was some of this narrow lace that ran longer in length, and it might be more in bulk.
Q. Did you observe the prisoner had any other parcel with her when she came into the shop?
Post. Not that I saw.
Council. You say you imagine the person might think you saw her take the lace, and then she presently afterwards laid it down and took it up again?
Post. I do so, and that when she saw I took no manner of notice of her first motion, she ventur'd to take the second resolution.
Council. Then you imagine she saw herself detected in the first attempt, and after that took it up a second time ?
Post. To be sure I do imagine she thought I saw her, or she would not have laid it down again.
Q. Describe the manner of the first taking.
Post. The first was done with a sort of a slide, and the second with a sudden jirk.
Q. In what position was you at the time?
Post. I was right before her all the time.
Q. How did she put it down again ?
Post. She drew her cardinal back with her left
Q. How wide is your counter?
Post. It is about a yard wide.
Council. When you called her back, she came you say very readily ?
Post. She did so.
Q. What was done upon that ?
Post. I immediately charged her with having the piece of lace.
Q. How far had you followed her ?
Post. About five ors from ours.
Q. Where is your shop ?
Post. It is in Cheapside.
Q. Did you go before her to your shop ?
Post. No, I kept behind her, fearing she should drop the lace.
Q. Did she hold the lace in her hand ?
Post. No, the lace was not in her hand.
Q. Have you always given the same account of this as now?
Q. Had you never a doubt whether you took the lace from out of her hand or from under her arm ?
Post. No, I never had any doubt about it, I was always very positive that I took it from under her arm.
Q. Do you remember when you was before the Lord-mayor ?
Post. Yes, very well.
Q. Did you then express any doubt whether you took it out of her hand or from under her arm?
Post. No, I never was in any doubt at all about it; when the prisoner was asked by the Lord-mayor what she had to say for herself, her answer was, that the lace was in her hand. I directly contradicted her, and said it was underneath her cardinal. I was asked by some gentlemen there, whether her hand was under her cardinal or not. I said I was not positive to that.
Q. Was you never asked the question, whether you took the lace out of her hand or not?
Post. I was never asked that, or at least I did not understand it so.
Q. When she came into the shop again with you, and before you took the card from her, what did she say?
Post. She denied having it, saying she had not got it, and knew nothing of it.
Q. After this did she tell you who she was, or desire to send for any acquaintance, or whether she had not been buying things at another shop?
Post. I believe she did, but cannot positively say; I have heard she mention'd something of that kind to Mr. Dean when I was not in the fore shop.
Q. Did not she say she denied with Mr. Belchier?
Post. I believe she did.
Q. Was her request of sending for any acquaintance absolutely denied her.
Post. I can't say that it was absolutely denied her. I did not hear what answer Mr. Dean gave her.
Q. Do you remember Mrs. Dean and her daughter coming down stairs?
Post. I remember Mrs. Dean's coming down, but as for a daughter she has none.
Q. Can you swear you did not hear Mr. Dean deny her sending for any person living?
Post. I can, I did not.
Q. Who was in the shop at the time?
Q. Were any persons sent for?
Post. I believe none were sent for, but the person was immediately taken to the Mansion-House to be examined before the Lord mayor.
Q. What do you mean by saying you can't say she was positively refused sending for any of her friends?
Post. I can't be positive what answer Mr. Dean made her.
Q. What did she say before the Lord-mayor?
Post. She only said she had the lace in her hand.
Q. Did she give no account how she came to have it in her hand?
John Mortimore . I live with Messieurs Dean and Potinger, I am employ'd principally as their rider. I was in the back part of their shop on the 11th of last month, a little after five in the afternoon, talking to Godfrey Major . I heard Mr. Post say, Mr. Mortimore, pray step forward here, for there is a thief. I came to the door and look'd out, and saw Mr. Post speak to the lady, the prisoner, and she turn'd round, and he followed her very close; when they came into the shop, he said, Mr. Mortimore, this lady has stolen a card of blond lace, on which she said, I have no lace I'll assure you; he said don't deny it Madam, for you have it, then he drew back her cardinal, and there I saw the card of blond lace sticking between her arm and her body; he took it from her and look'd at it, and gave it to me; then I look'd at it, and saw it mark'd with my master's private mark, and the maker's name, T. E. or W. E. and it contained
Q. How long have you liv'd with the prosecutors?
Mortimore. I have liv'd with them from the 30th of last June.
Q. What did the prisoner say when you mentioned sendin g for a constable?
Mortimore. She said she never would offend in this way again.
Q. Do you remember when Mr. Dean came down, whether she wanted to send for any of her friends?
Mortimore. I do, she desir'd Mr. Dean would send for Mr. Ironside or Mr. Belchier, and she mention'd some friends, but I can't remember who. He told her he would not, but as the thing was so clear on her, he would carry her before the Lord-mayor, and she might send there for whom she would.
Q. Do you remember any thing of Mrs. Dean and another lady coming down stairs?
Mortimore. I do.
Q. What did Mr. Dean say to them?
Mortimore. The prisoner desired they would petition for her, and she never would do so again; the ladies did compassionate her, and Mr. Dean said to them, it is my business to look after this matter, and sent them up stairs.
William King . I am a porter. On the 11th of last month I was sent for by the last witness to call a constable. I went and brought one to Mr. Dean's shop; there was that lady (pointing to the prisoner) there, and I heard her say to Mr. Dean, pray Sir, I beg you would forgive me, for I never did such a thing before in my life.
Humphry Ralph. I am about sixteen years of age. I live with Mess. Dean and Potinger, and I was in the shop on the 11th of March, but not when the lady was detected; I came in afterwards, there were Mr. Dean, Mr. Mortimore, Mr. Major, Mrs. Dean, and the ladies that were visiting at Mr. Dean's there, and Mr. Dean desired I would go for a constable, and as I was going out the lady, the prisoner, beg'd she might be forgiven, and said she never did such a thing before, and this she spoke several times.
Q. What were the words she made use of?
Ralph. She beg'd he would have compassion on her, and not send her away, and said she never did such a thing before.
Q. Did you hear her say she had taken the card of lace by a mistake, before you heard her say those words?
Ralph. I came in almost when she was going to be sent away; after she was committed to the constable I heard her say she had other things, and took it amongst them; but not at that time.
Q. Did you hear it said by Mr. Dean, or Mr. Potinger, that she had said she had taken it by mistake, as soon as she was charged with it?
Ralph. I have heard it has been given out so, after she was charged with stealing it; but I did not hear her say so.
I am intirely innocent of any intention of stealing; I dined at Mr. Belchier's that day, from whence I went to Mr. Piggot's, and bought a pair of gloves for a lady; from thence I went to the prosecutor's shop, and bought a yard of ribbon for myself, and a yard of blond lace, which I paid for; there lay a great many pieces of lace upon the counter, and in taking up my things I took up the lace, for which I am prosecuted, inadvertently, and went out of the shop. I had not gone far before a man came and said I had left something behind me in the shop, and thereupon I went back and asked what it was; then he directly took the blond lace out of my hand, and charged me with having stolen it. It never was under my arm. I beg'd he would let me send for my friends, and they would testify to him who and what I was. This they would not permit, and I applied to a couple of ladies, which I have heard since were Mrs. Dean and her sister, and beg'd of them to ask Mr. Dean to do it; he said nothing should prevail upon him; then I beg'd of him to send for Mr. Piggot; they said they
Q. to Post. Had the prisoner two or three little parcels in her hand, which she laid on the counter while she was looking at the drawer of lace, that she had bought some where else?
Post. I did not see one parcel; I am positive there was not one lying on the counter.
Q. When you took her back had she any parcel in her hand?
Post. No; I saw no parcel she had, during the whole time.
Q. When you brought her back, did she say she took it inadvertently?
Post. She said she did not know that she had it.
Q. from a juryman. Might not the drawer be so high, between you and her, that it might cover a little parcel from your sight?
Post. I am positive that I saw no parcel, and that there was none put by her on the counter. I saw the two pieces of lace that lay down between the drawer and herself, and if there had been the least parcel besides, I must have seen it.
Q. How deep is the drawer?
Post. I believe it not quite a foot deep, but near it.
For the Prisoner.
William Hodges . I live with Mr. Piggot, a haberdasher. He lives about a dozen or fourteen doors from Mess. Dean and Potinger. I remember the prisoner coming to our shop on a Friday in the afternoon, about five o'clock; I don't know the day of the month.
Q. Was it the day you heard Mr. Potinger lost some blond lace?
Hodges. It was the same day; she bought a pair of gloves, cost 13 d.
Q. Look at these (which were produced ) are these the gloves she bought?
Hodges. This is the sort of leather. I matched them to a pattern glove?
Q. How were they folded when she took them away?
Hodges. Just as they are now ( doubling them together.) She asked for some blond lace. I told her it was on the other side, but she said none would suit her. A gentleman's servant came in to buy a pair of gloves for a lady, and I went backwards.
Q. Do you recollect any thing of her buying any ribbon?
To her Character.
Q. Do you know whether he was asked by any body, whether this blond lace was taken from under her arm?
Belchier. I particularly ask'd him that question myself, and I'll give the reason why I did ask him. This young lady I have known I believe eighteen years. I had and have still a great regard for her family. I was at the Pope's-Head Tavern that evening, where Mr. Ironside came to me, and said I am come to tell you of a very odd affair. Miss Hannah Philips is in the Compter, she has been at a haberdasher's, and has bought some ribbon and a little piece of lace, and through a mistake she has taken away a piece that she did not buy, and they have charged a constable with her and sent her to the Compter. I desired him to go to Messieurs Dean and Potinger, and give my service, and tell them if they would be so kind as to release her from the Compter. I would be answerable for her appearing before any magistrate; he brought me word back they could not do it; then I sent to the Lord-mayor, and desired he would be so good as to send for her from the Compter, and hear what she was charged with that night, which he comply'd with. I was there when she was examined before the Lord-mayor, and heard her say she carry'd a piece of lace out in her hand which she did not pay for, and I particularly asked the first witness who was examined, whether he found it in her hand or not, to satisfy indeed my own mind, because if I thought her the least guilty I would not have appear'd here on her behalf. I said are you sure where you took this piece of lace from her, he said from under her cardinal; I ask'd was it in her hand or not, he stop'd; then I ask'd him was it under her cardinal or not, it was; did you take it from out of her hand or not, he said I can't tell upon my word whether it was or not. I then went away satisfied that her own story might be true. I have known her from a small infant.
Q. What is your opinion of her?
Belchier. I believe none can exceed her as to her integrity and honesty, and as to other things I believe
Q. Do you think her capable of robbing people in the manner she has been charged ?
Belchier. I do not, and from all the conversation I have had with Messieurs Dean and Potinger, I could never bring any thing to my mind to induce me to believe that she is guilty of what she is charged with.
Q. Did you hear all the evidence given before the Lord-mayor?
Belchier. I heard part of it, but not all. She did insist before his Lordship that she had taken it thro' inadvertency.
Q. Did you hear all Post's evidence there ?
Belchier. I did not, her excuse there was, that she said, God bless me, I have got it, and I did not know I took it.
Q. How long have you known her?
Ironside. I believe I have known her ten or twelve years.
Q. What is her general character?
Ironside. She has always bore the character of a very honest sober girl, and from the character that she has borne, and from her behaviour that I have known, I do not think her capable of committing the fact laid to her charge. I am so far satisfied with her honesty, that I can't think she did this with intent to defraud. I heard Mr. Belchier ask Mr. Post the question, whether the prisoner had the lace in her hand, or whether it was conceal'd under her arm, and he said he could not tell whether it was or was not, that was his answer; he said it was under her cardinal.
Q. Have not you known mistakes often happen in people's taking things that did not belong to them and carrying them away.
Neve. I have had two instances of it, one within these three months; one was a lady came into my shop and wanted a pair of silk mittins, I took some out of a drawer and shew'd her. I believe there might be seven or eight pair on the counter. She asked me the price of a pair, I fitted them on, and told her the price was four shillings or four and six-pence; she said can't you take no less, and paid me for them, and took them away. I thought she had taken no more; she return'd in about an hour after, I was in the shop, and said Sir, I have made a very great mistake, you remember I was here to buy a pair of mittins, and I have got two pair instead of one, and delivered one of them to me again.
Q. How long have you known the prisoner?
Neve. I have known her I believe seventeen or eighteen years.
Q. What is your opinion of her?
Neve. My opinion is that she never could be intentionally guilty of the thing laid to her charge.
Q. Has she bought things of you?
Neve. She has.
Q. In what manner has she behaved?
Colliton. With great honesty and integrity.
Q. Do you think she is capable of doing such an act as is laid to her charge?
Colliton. I don't think she is.
Captain Best. I have known her between three and four years.
Q. What is your opinion of her character?
Best. She has been upon a visit at my house near four months at a time, and in that time I have trusted her with a considerable charge (when I was obliged to go down into the country) with my writings, bonds, money and every thing that I had in my house, and I believe at that time there might be above 1400 l. or near 1500 l in the house; when I came home I found every thing as I left them. She was mistress of my keys, and from what I know of her I verily believe I myself would be guilty of what she is charged with as soon as Miss Philips would. I know she is a little careless, it is a thing I have often told her of, in leaving things about in one place or another where she did not know afterwards to find them.
Mrs. Ironside. I have known her fourteen or fifteen years, and during that time she has frequently been with me for several weeks together, and has behaved with great integrity and honesty, and I never heard any thing against her character, neither have I the least reason to believe any thing against it; she is a giddy girl, and I have often told her she would one time or other lose her things.
Q. Do you think she would be guilty of stealing the value of fifteen shillings intentionally?
Mrs. Ironside. Nothing should have brought me before this court, if I had thought such things of her.
Q. Do you think her capable of stealing intentionally any thing to wrong any body?
Mrs. Belchier. If I did I would not have come here. I know she bought my cousin a pair of gloves that day, which I ordered her to buy, and I paid her for them next morning. I think these are the gloves, which she has produced, they were folded up as they are now.
Miss Belchier. I have known Miss Philips from a little girl, and have been very well acquainted with her these seven years; she has always bore an exceeding good character, or else I should not have appeared here on her behalf.
Q. Do you think her capable of committing intentionally the fact laid to her charge?
Miss Belchier. I think her incapable of it, but think her from inattention and absence of mind to be liable to make a mistake.
Q. Do you think she would intentionally do it in order to wrong any body?
M. Neve. No, I do not, I would trust her with all I have.
Mrs. Thompson. I live with Mrs. Roberts of Hackney, I remember Miss Philips being at her school a year and upwards.
Q. During that time what character did she bear?
Mrs. Thompson. A very good one, I never heard the least ill of her.
Ann Bell . I knew Miss Philips from a child, she has a very good character, I always thought her a person of honesty and integrity; she has been visiting at my house for weeks together, I think she is not capable of doing intentionally what is laid to her charge.
Miss Clark. I have known Miss Philips about sixteen years.
Q. What is your opinion of her honesty?
Miss Clark. My opinion is that she is very honest. I have been many months with her, and she with me backwards and forwards. I never knew any thing of her but that she has been always very honest.
Q. Do you think she would intentionally wrong any body of fifteen shillings?
Miss Clark. I don't think she could.
Council for the Crown. Where did her father and mother live?
Miss Clark. They lived in Thames-street, and since her mother lived at Hackney, where she kept a house for lodgers, and now they live at Peckham, and deal in linen drapery.
Miss Cole. I have known the prisoner a dozen years, I never knew any ill of her, nor don't think her capable intentionally to wrong any body, and I would trust her with any thing I have.
Q. What is your general opinion of her?
Pointz. I would trust her with any thing I have.
Dr. Cobourn. I have known the prisoner ever since she was a child.
Q. What is her general character?
Cobourn. She has a very good character so far as ever I heard or was sensible of, and from my own observation of her I think her to be a woman of honesty and virtue, and that she is incapable of doing the thing laid to her charge intentionally.
Mr. Kindleside. I have known the prisoner between seven and eight years, and she has been frequently at my house a week at a time and more, I never had the least suspicion of her being guilty of any thing of this kind, I always look'd upon her to be extremely honest.
Q. Do you think her capable of the crime laid to her charge?
Kindleside. No, I do not.
Mrs. Cobourn. I have known Miss Philips above ten years, I always thought she behaved in a very proper manner, and believe her incapable of wronging or injuring any one intentionally.
Q. Do you think she would take fifteen or twenty shillings value from any body?
Miss Cobourn. No, I do not think she intentionally would.
Thomas Lane. I have known the prisoner about four years and a half, and she has as good a character as any young lady I ever heard of; and from my own observation of her I think she deserves the character she has always had.
Q. Do you think her capable of doing what is laid to her charge?
Lane. I don't think she would do it by any means in the world intentionally.
Fran. Cook. I have known the prisoner four or
Q. What is your opinion of her as to honesty?
How. I have always thought, with regard to honesty and integrity, no person ever deserved a better character; her father and mother were very careful to instill such principles into her, that would naturally lead her to behave with integrity.
And after the jury so brought in their verdict, the prosecutors by their council moved the court to shew what favour they could in this case to the prisoner.
162. (L.) William Adams was indicted under the statute of the 2d of George the II. chap. 35. for feloniously forging, and causing to be forged an acquittance or receipt, upon a false and counterfeited certificate, for the over entry of twenty pipes of wine, whereby his majesty was defrauded of the sum of 252 l. 1 s. 01/2, and for publishing the same, knowing it to be forged .
The indictment (which under the statute was made felony without benefit of clergy) was laid four several ways:
I. For forging an acquittance or receipt upon a false and counterfeited certificate, specifying the instrument or certificate.
II. For publishing the same, knowing it to be forged, specifying the instrument or certificate.
III. For forging the same without specifying the instrument or certificate. And
IV. For publishing the same, knowing it to be forged, without specifying the instrument or certificate.
John Piggot , assistant to the receiver general, gent. was first called and deposed, That the prisoner was an examiner of certificate, or over-entries on the duties of wine, and that the prisoner on the 9th of February last brought to him the certificate, produced by this witness, for him to mark, which he did with the initial letters of his name, as was usual in such cases, and that the prisoner told this witness that the merchant had sign'd it, and he himself had witnessed it. The said certificate being read in court, it was thereby certified, that on the 26th of January, 1757, Phineas Coates , merchant, entered at the Custom-house ten tons of port wine, which being damaged was delivered up to the king, and therefore the merchant was intitled to a certificate of over-entry, and it appeared to be sign'd by the several proper officers.
Alexander Goodwin and Richard Green, land-waiters, look'd on the certificate produced, and swore their several names, which appeared to be subscribed thereto, were not of their respective hand-writing.
Joseph Creswicke , Esq; deputy collector, look'd on the certificate produced, and swore his name, which appeared to be subscribed thereto, was not of his hand-writing, and that there was not any entry of wine at the Custom-house by Phineas Coates , on the 26th of January last.
Thomas Causton , Esq; deputy comptroller, looked upon the certificate, and swore his name, which appeared to be subscribed thereto, was not of his hand-writing, and that his business was to sign certificates of over-entries, and to see that the duties were rightly computed.
James Wadsworth , clerk to the prisoner, look'd on the certificate, and swore that the letters J. W. were not wrote by him; he also deposed he had often seen the prisoner write, and did verily believe W. Adams. which appeared to be subscribed thereto, and also the letters W. A. wrote on the back thereof, were of the prisoner's own handwriting.
Euclid Thompson look'd on the certificate, and swore that the words, containing the particular duties and figures thereto, he wrote by the order of the prisoner, and did not know the intent.
Phineas Coates look'd on the certificate, and swore that the name Phineas Coates , which appeared to be indorsed thereon, was not of his handwriting; and farther, that he had not, neither at the time mentioned in the said certificate, nor at any other time, made any over-entry.
Humphry Becke, clerk in the receiver general's-office, swore that the prisoner brought the certificate produced into the office, in order for payment of 252 l. 1 s. 01/2, and that he, the said Becke, gave him a ticket for the same.
James Emmett , teller under the receiver general, swore, that on the 9th of February last, the prisoner brought the ticket mentioned by the last witness, and that this witness paid him 252 l. 1 s. 01/2 by virtue thereof.
The prisoner in his defence said, he did not tell Mr. Piggot the certificate was sign'd by Mr Coates, and that his own name was not to it at that time, neither was it witnessed; but that was done since he saw it, that it was brought to him fill'd up with all these names on it, that if he was imposed upon, he could not help it; he received the money and paid it again.
Guilty , Death .
163. (L.) Ann wife of Francis Merritt, otherwise Ann Merritt. otherwise Jones, otherwise Wright , spinster, was indicted for stealing thirteen pieces of lawn, containing 110 yards, value 20 l. and one pair of lawn ruffles, value 4 s. the goods of Thomas Fryer , privately in his warehouse , February 22 .
Thomas Fryer . I am a linen-draper and live in Bishopsgate-street Without. On the 22d or 23d of February, the prisoner came to my shop, and said she had taken a house in Shoreditch and was going into the linen trade, and wanted to see some linen goods. I desired her to walk into the warehouse, which she did; I shewed her several pieces, which she laid by to the amount of I believe near 40 l. it began to grow dark; she said she wanted several things more, but as she could not see she would call next day; she went away and came in the afternoon about four o'clock the next day, and then bought other goods to I believe near the same value; then I asked her in what way the bill was to be made. She said in the name of John Wright , who was her husband. I told her it was usual to pay for goods the first time of coming; she said, she intended to do that, and desired I'd make out the bill, and she would call the day following or the day after and pay me; about half an hour after she was gone I laid the goods in order, to make the bill, and found two pieces of lawn which she had laid by were missing; after we had searched and could not find them, I searched the boxes where we generally keep them, and missed nine more; then I was suspicious she had robbed me, and she not coming according to appointment I applied to justice Fielding, who advised me to advertise her. I did, and described her and the goods, she was then very big with child; about four or five days after one of Mr. Fielding's men call'd upon me; and said he had seen the goods, and in the afternoon of that day I was sent for to justice Fielding's; there was a pawnbroker with the goods. I knowing them to be mine swore to them, when the justice ordered the woman to be brought in, and as soon as she saw me she made a curtsey. I said, I find you know me. Yes Sir, said she, I was at your house such a day. I asked her whether or no she had taken away the goods that I had sworn to; she said no, she had them of John Wright . I said, when you was at my house, you said he was your husband. She said. she did tell me so, but that was not true. Mr. Fielding asked her where this John Wright was. She gave some directions but he could not be found, upon which the justice committed her. I went to see her after she was in New-Prison, where she confessed to me she did take the things.
Q. Where does he live?
J. Poupard. He lives in Smock-Alley; on the 22d of February last she came into the shop in order to pawn three pieces of lawn, which she asked 4 l. upon. Mr. Poupard examined them, and said he could not lend any more upon them than 3 l. she several times desired him to lend her 3 l. 10 s. he said he could not stretch any more; he asked her what they might be worth, she said 3 s. and 6 d. or 4 s. per yard. I took her name down, and my brother went to the other side the counter, and paid her the 3 l.
Q. What name did you take down?
Q. What sort of things had she used to bring?
J. Poupard. Gowns, handkerchiefs, and other; sorts of things; she never brought such kind of things as these before.
J. Poupard. She did [he produced divers parcels in papers] here are three of those which the prosecutor has sworn to, which are sealed up.
Q. Can you tell what articles she brought at different times ?
P. Poupard. I really can't charge my memory with that, but on the 22d of February she brought
Joseph Baux . I have known the prisoner twenty years. Mr. Fryer, I and another person went to see her in New-Prison. Mr. Fryer told your lordship of her confession, but did not tell the court the methods made use of in order to induce her to it. I heard her confess she stole these pieces, and I heard her likewise say to the contrary; and the prosecutor said to her, if she would make a free and ample confession he would be favourable to her, upon which account she did say what the prosecutor has deposed.
Q. When was this?
J. Twine. This was on the 28th of February, she said she had them of a weaver for a debt, and was obliged to turn them into money. I bought them of her, and gave her 4 l. 19 s. for them, here is the bill and receipt ( the three pieces produced in court.)
Q. to prosecutor. Look on this piece?
Prosecutor. This is my property. I have looked on the other ten pieces produc'd, they are my property.
Q. In what name did she sell these three pieces?
For the Prisoner.
Robert Hobins . I live in Featherstone street, and am a dealer in cloaths. I have known the prisoner ever since she was born. She had an exceeding good education, and had a good character; she has a very good husband, by whom she has had eleven children, she has six alive now; he is a very good husband, and she has behaved as well.
Joshua Wright . I am a weaver by trade. I have known her eighteen years. She was always singularly honest, I have trusted her in my house with things of great value; I never knew her to do a misbehaved thing in my life, no not so much as to call her husband fool in anger, and she has been married seventeen or eighteen years.
Francis Readhead . I live just over-against where the prisoner was born, in Spicer-street, Spittle-fields. I have known her thirty-two years, I have trusted her in my house many a time, and never knew her to do the least thing amiss in my life.
Q. What is her general character?
Wade. An exceeding good one for what ever I heard.
Q. What name did she go by?
Wade. By the name of Merritt.
Guilty Death . Recommended.
164. (L.) Catherine, wife of Thomas Walker , was indicted for stealing one gold watch with a shagreen case, value 10 l. and one gold chain, value 5 l. the property of John Riley , privately from the person of Elizabeth, the wife of the said John Riley , Dec. 21, 1755 .
Q. When had you seen it last?
E. Riley. I look'd at it at church, about the time sermon begun.
Leonard Yates . I was going on a Sunday, which was St. Thomas's Day, to Mr. Hughes's in the Borough, and I overtook the prisoner and her husband; they asked me to go to a church with them, to which I said it would do me no good; on which Mr. Walker said, yes it will, I'll make it worth your while. I think there was a charity sermon there that day.
Q. Did they give you any reason why they were to go to that particular church?
Yates. They said it was to a church where a great many good people came, and they might do some business worth while there, and these were the words as well as I can remember which were spoke; accordingly I went with them, and it was to a church in Old Fish-street, and I remember we went by St. Paul's.
Q. to prosecutor. Is that the church he mentions ?
E. Riley. It is the same church.
Yates. We stood the time of the sermon, and afterwards coming out, Mr. Walker and I were close together; he said to his wife, the person coming along here is a fine lady or a fine woman, she said Gammon.
Q. What did she mean by that?
Yates. That was for us to get before the lady, it is a cant term, made use of by pick pockets, and it meant that she should not go too fast while she took her watch; accordingly we got both before Mrs. Riley, and were just got out at the church door when the lady call'd out she had lost her watch; upon that Mrs. Walker the prisoner and I walked away directly as fast as we could to her house near Cripplegate Church, where she pulled out the watch she had taken, and which I saw before in her hand just after she had taken it away from Mrs. Riley, and I saw the chain hang down when she shew'd it me in the street just after she had taken it from Mrs. Riley at the church door; after she got home she put by the watch, and when Mr. Walker got home about an hour afterwards she embraced him, saying that she had got safe off, and asked him how he got away; on which he told her that he had been stop'd, but that on shewing his licence as an excise officer, and his pocket book with a bank note therein, he was discharged; and then she fetch'd the watch to shew him, and he look'd at it, and then I desired to see it in my hands, but he said no, we never suffer such things.
Mr. John De Poutu . I was at St. Nicholas Coleabby Church, and near Mrs. Riley when she came out of the church, and heard her cry out she had lost her watch; a gentleman by me, pointing to Mr. Walker, who was well dress'd, said that is the person that assisted in taking the watch, on which I ran up to him and charg'd him with taking it; he said he was not the person, he was a very honest man; whereupon I took him into an alehouse near the church, and he there said he was an excise-man, and shew'd me a bank note and a pocket book; I am sure the prisoner is the man, and I fixt upon him at first sight on seeing him here.
Q. How came you to discharge him?
De Poutu. I thought by his genteel appearance, and a 20 l. bank note about him, he was not a pick pocket.
Q. Did you see the prisoner there?
De Poutu. I can't recollect her?
Q. Was there any thing particular to occasion a crowd there that day?
De Poutu. There was my Lord-mayor there that day at a charity sermon.
Q. to Yates. Describe how you and Walker placed yourselves at the time the watch was taken?
Yates. Mr. Walker was at the side of me, and Mrs. Walker behind me, but she and I were before her husband when he was laid hold of.
The prisoner had nothing to say in her defence, but call'd to her character -
Jam es Mackall. I have known the prisoner about a year, I have liv'd next door but one to her and her husband for that time, and I never knew any harm by her.
Q. What way of life does she follow?
Mackall. Really I can't give any account of that. I believe her husband deals sometimes in horses, and goes to horse races, and I believe he lets horses out.
Q. What are you?
Mackall. I am a peruke maker.
Q. Are you any relation to the husband of the prisoner?
Walker. I am her husband's uncle, I take her to be a very honest woman.
[See Numb. 105. in last Sessions Paper.]
Robert Hall was indicted for stealing one piece of copper, call'd a two dollar piece of Sweeden, and a four dollar piece of Sweeden , the property of William Harris , March 24 .
William Harris . I live in a court in Beech lane. On the 24th of March I lost a two dollar piece of Sweeden, and a four dollar piece of Sweeden, nine pound odd ounces, value better than nine shillings. I suspected the prisoner, by reason I had missed a piece before, and I missed it from the place where it was put; after he had been in it. I went in, from a mistrust, the other being lost. I sent my servant after him. He had the piece of copper on him at that time. I then charged him with the other, and he own'd to the taking it; I had seen it a quarter of an hour before.
John Brooks . The prisoner Hall came to my master to borrow a basket. He pull'd the door to where the basket was, and never brought the key. Master went in and missed the copper. He sent me after him, and I brought him back with it.
I had no design to take the copper away; it was in the basket. I was coming back with it.
Brooks. He was going forwards with the basket over his head, and the copper under his coat.
Michael Rushworth . I live at the Windmill in Nicholas Lane . About a quarter before seven (I had seen him there before) he call'd for a pint of beer. My servant brought it in a silver pint mug. My servants were out of the way. I went down for a pint of beer, and when I came up I missed the mug and the prisoner. I went to the door and was directed after him, and took him in St. Martin's Lane, in a passage, about a hundred yards from my house. He had the mug under his apron in his hand. ( Produced in court, and deposed to.) I took him before a magistrate.
I was very fuddled, and went out in order to make ware, and happened to take it with me; but not with an intent to take it away.
167. (L.) Rachael Dimsdel , widow , was indicted for stealing one safeguard, value 12 d. one linen shift, value 12 d. one quilted petticoat, value 12 d. five clouts, value 6 d. and one piece of linen, value 1 d. the goods of William Griffiths , Mar. 21 .
Mary Hawkins . I am servant to the prosecutor. I had been out of an errand, and when I came home I found the prisoner behind the street door, within the house. I asked her what she did there. She said she came there to keep her from being beat by her husband. I let her go. I told my mistress a strange woman had been there. She had me go and see if the things were safe upon the home that hang to dry. I ran and overtook the prisoner, stop'd her, and said she had got some of my mistress's goods. She said she had not, and gave me a slap on the face. I call'd for assistance, and Mr. Metcalph came and assisted me. We took her back into my mistress's room, and took the things out of her lap. (Produced in court.) These are the things.
I saw the things laying in the street, took them up, and put them in my lap.
168, 169. (L.) William Narroway and Bartholomew Darby were indicted for stealing eighteen ounces of silver for buckles, value 5 s. the property of Neal Campbell , in the dwelling house of Joseph Plastow , March 30 .
Daniel James . On the 30th of March I sent a parcel of goods by my wife for Mr. Neal Campbell of Alesbury; the silver had been sent for me to work up for him into rims for buckles; there were rims for eleven pair. They were directed for him, to go by Mr. Rogers's waggon. The same buckles were brought to me by Mr. Nash, and a constable, who asked me if I had been rob'd. Upon seeing them, I knew them to be the same (produced in court, and deposed to be the property of Neal Campbell , of Alesbury.)
Q. Where do you live?
James. I live in Monkwell street.
John Jeffery . On the 30th of March Mr. Rogers, the Alesbury carrier, took my brother from helping me to load his waggon, and set Narroway the prisoner to help me to load it, in Saracen's Head Inn Yard, Snow Hill. The wife of Mr. James brought a parcel. I either gave it to Narroway, or bid him take it, while I went in to book it. I had put another parcel into a flat. and ordered him to put this to that; but instead of that he took them both, and has since confessed it. He had been employed there before. He was taken up the next day and carried before justice Willoughby, and there confessed he put it into his pocket.
Mr. Robertson. I am a constable. On the 30th of March there came one Mr. Yeomans, a pewter buckle maker, about eight o'clock at night, who told me they were offered to me for sale. (He wanted me to weigh them.) I told him they were not finished, and I suspected they were stolen. He said the man was drinking in Ship-Alley. I went, and found the two prisoners there with Yeomans's servant. I enquired of Darby how he came by the buckles, who said he had found them that evening on Tower-Hill. Narroway said he was by and saw him pick them up. Then I told Darby he must go to prison. I had them lock'd up in the Tower Gaol, in Wellclose-Square; the next morning I had them before Sir Samuel Gower . I went to Goldsmiths coffee-house, where Mr. Nash said Mr. Turner was the cutter of these buckles, and by that means I found they were sent to Mr. James.
I was ordered to put the parcel in the star; I being busy put it in my pocket, went away, and forgot it. I went on an errand to Tower-Hill, and in a publick-house I found it in my pocket; I knew I was to go upon guard the next day, or I had brought it back again the next morning.
To his Character.
Narroway guilty of felony only .
Darby acq .
James Hignet . I keep a sale shop in High Holbourn . On the 23d of March, as I was sitting in my shop in High Holbourn, came a woman and said, did not you see a man take a coat from the post; I ran into the highway, and saw the prisoner running with a coat under his arm. I call'd stop thief. He drop'd the coat and ran on, but was taken and brought back to my shop. ( The coat produced and depos'd to.)
Q. Are you sure the prisoner is the man that drop'd the coat ?
Hignet. I am sure he is.
Q. What is the value of your coat?
Hignet. It is worth 10 s.
I was very much in liquor when I was taken up on this affair. I don't know any thing of it, neither did I know where I was when I was in Clerkenwell-Bridewell.
171. (L.) Mary Smith , spinster , was indicted for stealing one silk apron, value 2 s. four silk handkerchiefs, value 2 s. six linen handkerchiefs, value 2 s. four linen aprons, value 2 s. two linen caps, three pair of ruffles, two towels, one pair of stockings, and 15 s. in money numbered , the property of John Bentley , April 10 .
John Bentley . The prisoner was my apprentice ; she had been with me about five weeks. On Easter-Sunday, a little after four o'clock, she took the things mentioned in the indictment ( mentioning them by name) out of my house, and went away; the money was in halfpence, three crown papers. On the Monday night, about eleven o'clock, she was brought back, with 8 s. in halfpence, and some of the other things; I charged her with taking them. She confessed she did, to me and the constable.
The prisoner had nothing to say in her defence.
Guilty, 10 d .
Gadaliah Viganena. I am a snuff merchant . I lost a banjan, great coat, frock and waistcoat. I found my great coat at Mr. Philips's, and the others in the prisoner's custody in Rosemary-lane.
Viganena, I had left them in my counting house in Camomile-street.
Anthony Lather . Last Friday the prisoner came to my house in Rosemary-lane, as I was opening my shop, and asked me to look at some things; there were a coat, waistcoat and banjan. I asked him the price, he said two guineas all together, but I did not buy them. In about half an hour after he was gone the prosecutor's servant came in a great hurry, and said his matter was ruin'd a person had stole his cloaths, and in the pocket of his coat was a pocket book, wherein were notes to the value of above two thousand pounds; by his describing the things I knew them to be the same, so went to look after the prisoner while the servant staid in my shop. I found him, and brought him back; we found the pocket book in his bosom, and three notes taken out of the book in three of his pockets. He offer'd me half a guinea to let him go. We sent directly to the prosecutor, who came and own'd all the things ( the goods produced in court and deposed to.)
Q. What are you?
Philips. I keep an old cloaths shop; he had work'd for me a year, and I can't say he wrong'd me of any thing.
Abraham Lopps . I am a japanner, and go to gentlemens houses to fetch shoes to black. I met the prisoner about 300 yards from the prosecutor's house on Friday morning last, he had a coat and waistcoat on his arm. I saw him take a large snuff box out of one of the coat pockets, and put it into the pocket of his own coat. Soon after the prosecutor came to my father, and said he was quite ruin'd, he had been rob'd of a coat, waistcoat, banjan and great coat. I asked what colour they were of, and he told me. I said I saw a man with such things going along by the church in St. Mary Axe. I went to look for him, and found he had been at the first shop in Rag fair, but they could not agree. I went towards East Smithfield, and in the mean time he was catch'd in Rag-fair
Q. Did you know him the first time you saw him that day?
Lopps. I did; he had his shoes black'd at our house before that.
I began about a fortnight ago to go about with old cloaths. On Friday morning there were two men call'd to me, to know if I would buy some cloaths, and wanted me to go into an alehouse. I said, what signifies going into an alehouse to spend money, I can buy them in the street. They asked me 40 s. I said I thought it was too much, but would give them 30 s. They took my money, and I put them directly over my arm and went to Rag-fair. I am as innocent as a child of a year old. I don't know the person I bought them of.
Prosecutor. He said when we took him he bought them of one Pocock, in Cock and Hoop Yard.
173. (L.) Sarah Bond , widow , was indicted for stealing one man's cloth coat, value 5 s, one shirt, value 3 s. one box iron and two heaters, and two petticoats , the goods of Thomas Kelley , Mar. 20 .
Thomas Karney . I am a watchman ; the prisoner came several times to the watch house where I belong. The last night she came she said she was destitute of work and lodging. I took compassion on her, and told her if she would go and lie with my daughter till she got work she was welcome. She took a box iron and two heaters, and pawn'd them on the 16th of March, and a coat and shirt on the 20th.
Q. Whose property were they?
Q. How do you know she took them?
Karney. She would not own the coat, but the shirt was found upon her; she own'd taking the two box irons and heaters, and she has the two petticoats on her now.
Q. from Prisoner. Did not you bid me put the petticoats on?
H. Kelley. No, I never did.
Q. from Prisoner. Did not you send me with the other things to pawn?
H. Kelley. I never sent her with a stitch of mine, only a handkerchief and apron, which she asked me to let her pawn.
Richard Pain. I am a constable; I was sent for on the 20th of March to Karney's house, where I search'd the prisoner, and found this shirt upon her, (producing one )
This man [ pointing to Thomas Karney ] induced me to come and live in his house. I went and stay'd some time, but finding his daughter guilty of very mean actions I went away, and afterwards met with him in Shoreditch, when he desired me to come again. I went, and found his daughter had beat him. I have wash'd that old innocent face with water many a time. I being a poor woman could not subpaena people upon my trial. I wash'd his linen, but never wrong'd him in my life. His daughter frequently pawns things, and he told me she had pawn'd even his pewter spoons, and that he should be ruin'd if I did not come again. We went to a publick house, in order to have a pot of beer and a steak. She was in liquor, and got at the box iron; and after that she quarrel'd with me, a nd wanted more things to pledge I said, Hannah, you shall not. I took the short cut, thinking to have wash'd it with my own things, but fell asleep and could not wash it on the Sunday. I thought proper to leave this man. I saw the daughter, and follow'd her into a house, and said she was the woman I wanted. Said she, I want you. I went with her to their house, where he was in liquor. The son sent for an officer, who took the shirt out of my pocket I own, but there were hour enough for me to have made away with it, if I had been so minded.
Samuel Hill. On the night between the twentieth and twenty first of last January I lost a black gelding, which was taken from Hummerton, in Hackney parish , where I live. I examined the toll book at Smithfield, and found that such a horse by the description was sold to Mr. Harvey, of Gloucestershire, who happened to be in town I inquired and found him, and he shew'd me the horse, which proved to be the same I had lost. On paying the money he gave for him [he being sold] he deliver'd the horse up to me.
Q. Do you live upon the spot where the horse was lost from?
Hill. I do.
Q. Did you hear any noise that night?
Q. Did you know the prisoner before?
Hill. Yes, he lived within a quarter of a mile of me.
Q. When was the horse deliver'd to you?
Hill. On Tuesday, February 1.
Thomas Tate . On the 21st of January I bought a black gelding of the prisoner at the bar in Smithfield, which I sold again the same afternoon. Mr. Hill took me up on suspicion of stealing this horse, and I was tried here last sessions, and acquitted. [See in Trial in last Sessions Paper.]
Q. Have you seen that gelding since ?
Tate. I have; Mr. Hill has got him now, I saw him upon him.
Q. to Hill. Is it the horse that you charge the prisoner with. that this evidence saw you upon ?
Hill. It is the ame.
Q. to Tate. Who did you sell that horse to?
Tate. I sold him to Mr. Harvey, who lives at Chiltenham in Gloucestershire.
Q. What did he give for him?
Reynolds. Two 36 s. pieces and time shillings.
Q. Was the horse toll'd ?
Reynolds. No, he was not then, but he was when Mr. Tate sold him.
Q. What are you ?
Charles Reynolds . I am brother to the last evidence. I saw that black gelding rode up and down Smithfield-market, Mr. Tate order'd him to be rode down Cow-lane, they went to the George, and there bought him. I saw him pay the money, and I rode the horse afterwards for Mr. Tate, who sold him at the King's-head to Mr. Harvey.
Q. Was he toll'd when Mr. Tate sold him?
Reynolds. He was; but not when he bought him.
John Potter . I was in Smithfield on the 21st of January, and saw Tate call up the horse with an intent to buy him. I saw Tate and the prisoner talk together, they went into an alehouse, when they came out again the horse was delivered to Tate, who put the last witness upon him to ride him about, in order to sell him again I heard him say in the evening he had sold his bargain again, and get a trifle by him.
Q. How far is Mr. Carter's from the prosecutor's house?
Q. Do you know how they came to be away from your master's.
Martin. No, I do not.
Q. How long have you liv'd there?
Martin. Almost half a year.
Q. What is Mr. Carter ?
Martin. He is a mill-washer.
Q. Did the prisoner live in his house?
Martin. He did, but I can't be positive that he liv'd there when the horse was stole.
Q. Where did he go from Mr. Carter's ?
Martin. I don't know.
Q. Did Mr. Carter turn him away ?
Martin. No, he did not.
Q. How came he to go away?
Martin. I don't know.
Q. Did he go away with his master's knowledge?
Martin. I don't know that.
Q. What time did he go away?
Martin. I can't tell.
Q. How long was it before or after the horse was reported to be stolen?
Martin. Not above three or four days; he was at our house when Mr. Hill had taken up Mr. Tate.
Q. Had not he been away?
Martin. There was a young woman he used to go to see sometimes on nights.
Q. Did he go away before or after the horse was stolen?
Martin. It was after the horse was stolen; he was servant to my master at the time the horse was stolen, but I believe he had been out a night or two before, because he had lodgings.
Q. Did he lie at your master's the night between the 20th and 21st of January?
Martin. I don't know that.
Q. Where had this surcingle and saddle used to be kept?
Martin. In our mills.
Q. Could any body come at them?
Martin. They might
Q. Were they lock'd up in the night time?
Martin. They were.
Q. When did you miss them?
Martin. We miss'd them the Saturday before he was missing; after that we heard he was on shipboard.
Q. to W. Reynolds. Are this surcingle and saddle cloth the same your master bought of the prisoner when he bought the horse?
Reynolds. They are the same.
I bought this horse at Tottenham for fifty-five shillings, I ask'd my master leave to go out that day. I came as far as Hackney back again, and there I had this surcingle and saddle cloth, which I had left there a day or two before. I rode from thence to Smithfield, and sold him to this man the same day; please to ask my mistress whether she knows that I was not at home that night.
Q. to prosecutor. What time did you miss the horse?
Prosecutor. I miss'd him about seven in the morning.
For the Prisoner.
Jane Carter . The prisoner liv'd servant with me two years, he was a very good servant, and always took a great deal of care; I never heard any thing against his character, or that he lay a night out of the house while he was our servant; that night the prosecutor lost his horse I am very certain he was at home.
Q. What day of the week was it?
J. Carter. It was on a Thursday night in last January.
Q. By what do you know he lay in your house that night ?
J. Carter. Because I and a servant sat up that night with a child that was sick, I was awake all night and should have heard if any body went out.
Q. What time was he at home in the evening ?
J. Carter. He was at home before dark, I saw him betwixt eight and nine o'clock in the kitchen, we never sit up late; I saw him and Martin, another of my servants, go up stairs that night, they call'd in as they went by, to know how the child did, and I saw him the next morning between eight and nine at breakfast. I suppose he had been at his business in the mill before he came to breakfast, he was up before I came down.
Q. Did you hear him go down stairs?
J. Carter. No, I did not.
Q. How can you pretend to give an account of his being in your house all night, if you did not hear him come down in the morning?
J. Carter. I suppose he got up when his master called him. I can't swear to these things.
Edward Collins . I have known the prisoner sixteen or seventeen years, he always behaved well, he always bore a good character, and has been at my house ten or twelve weeks together before he went to Mr. Carter's; he was a saving lad, I have known
Q. to Martin. Do you remember your mistress's child being very ill?
Martin. I do very well.
Q. Do you remember your calling in at the room that night going to bed, to know how the child did?
Martin. Yes we did call in one night, but I can't say whether it was that night.
Q. Can you tell which day of the week it was?
Martin. I cannot; I know that I, the prisoner, and another got up about half an hour after four the next morning
Q. Did he ever bring a horse to your master's house that he bought?
175. (M.) Mary Chester , widow , was indicted for stealing one pair of stays, value 10 s. the property of Dorothy Price , spinster , one linen shift and one linen apron , the property of Roger Price , April 5 .
Q. How do you know that?
Price. She own'd it before the justice.
Q. How do you know she took them ?
D. Price. There was nobody in the house but herself, my sister-in-law, my father and mother; the stays were mine. the apron and shift were my mother's.
William Bray . On the 5th of this instant Dorothy Price came to my house, and said she had been rob'd of a pair of stays by Mary Chester, and that Chester said she had pawn'd them at my house; I look'd over my books, and found the name of Mary Chester to a pair of stairs, I shew'd the last witness them, who said she'd swear to them, which she did before justice St. Lawrence.
Q. to D. Price. Did the prisoner tell you she had pawn'd the stays with Bray?
D. Price. She did.
The prisoner had nothing to say in her defence.
Guilty, 10 d .
William Littleton . The prisoner lived servant with me about four months: I gave him warning about the 23d of March last. Two days after he was gone I saddle. I enquired at the sadlers shops, and found it at one Mr. Dodd's. It is the property of Jonathan Woodroff .
I thought it was my per as I was his servant, such old saddles and bridles.
Guilty, 10 d.
177. (M.) Mary wife of William Elkins, otherwise Wood . was indicted for stealing one copper tea kettle, value 2 s three linen shifts, two silk handkerchiefs, one petticoat, one silk bonnet, one apron, and one yard of linen cloth , the goods of Sarah Atkins , widow , Feb. 7 .
Sarah Atkins . I missed the things mention'd out of my house on the 7th of Feb. The prisoner liv'd about eight doors from me, I suspected her, but did not see her till about three weeks after she was taken up; and the handkerchiefs found in her pocket, and the other things in her possession, have been in the custody of the constable ever since.
Prosecutrix. These are my goods.
William Arnold and Richard Sawyer , were indicted for stealing 120 bricks, value 12 d. the property of John Scot and Co. March 5 .
Both Acquitted .
180. (L.) James Godard , otherwise Turner Johnson , was indicted for stealing one leather seat for a chair, cover'd with hair shag, value 2 s. the property of William Evans , and one ditto, value 7 s. the property of Richard Harding .
William Evans . I am a chairman . I lost my seat out of my chair in Poland-street on the tenth of March , between nine and ten at night. I saw it in my chair a little before. I advertised it the Saturday following, and Mr. Slayter came next morning and told me he had it in pawn. ( produced in court.)
Q. Is this hair shag?
Evans. It is scarlet shag, dy'd in crimson, my property.
Q. What do you call it?
Evans. We call it Cau-vau, it is hair shag.
Q. to Evans. What is the value of it?
Evans. When we take the chair they are valued to us at a guinea.
Q. to Slayter. What did you lend upon it?
Slayter. I lent her 1 s. and 6 d. upon it.
Q. In whose name did she bring it?
Q. What do you call it. Is it hair shag?
Harding. It is not hair shag.
I bought these two seats of one Mrs. Gardner.
For the Prisoner.
Q. What is his general character?
Boyce. A very indifferent one, he knew before I came from home that I should do him harm if he call'd me.
Q. What are you?
Boyce. I am a coach-maker.
Q. What is his employ?
Boyce. He follows none. He had a fortune of about 500 l. and might have liv'd, could he have been honest.
Guilty of stealing Evans's seat .
181, 182. (L.) Mary, wife of Thomas Allen , and Sarah, wife of Thomas Burton , were indicted for stealing two linen shirts, value 10 s. two other shirts, value 5 s. four linen sheets and two table cloths, the goods of John Waring ; three linen shirts, and one pair of silk hose, the property of Ralph Collier ; one cotton gown, one muslin apron, and two pair of hose, the goods of Hannah Collier , widow ; one capuchine, the property of Eleanor Jackson , widow ; in the dwelling house of John Waring , March 1 .
Q. What is the value of them all?
Waring. They may be worth about twenty shillings or better. Mary Allen was my servant. I charged her with taking them. She said they were gone to have some iron moulds taken out, having had an accident with them, as she pretended; after that she own'd she gave them to Hannah Nesbit to carry to Sarah Burton , the other prisoner. We took up Burton, who own'd she received them of Allen, that she knew them to be my things, and said they were brought to her apartment in New-Gravel-lane, Shadwell, and she had sent another person to pawn them, and they were pawned in her own name.
Q. Did you find them again?
Waring. I was with the constable when they were found at Mrs. Achinghead's, in Ratcliff Highway, where she directed me to go for them.
Q. Where are the goods?
Q. How did Burton say she knew them to be your's?
Waring. She had lived servant with my father some years, and she knew them to be mine.
Collier. A cotton gown, value 5 s. a muslin apron, and a pair of hose.
Q. What of your aunt's did you lose?
Collier. A capuchine. Her name is Eleanor Jackson . Mary Allen confessed before my Lord mayor and alderman Blachford that these things were taken out of the house by John Jones , otherwise English, who carried some of them to pawn; the capuchine and several other things were found in her custody, that and a pair of white stockings were found in her drawer. Produced in court.
Q. to Waring. Did you find these things on the prisoner?
Waring. They are the same.
Henry Motlow . Mr. Waring came to me and said his maid had rob'd him; her name is Mary Allen . She confessed it, and brought some of the things, thinking her master would make it up with her. She confessed she had been robbing him for some time, and said she was very sorry for what she had done.
Q. What things did she bring you?
I leave it to the honourable court, and hope your lordship will be as favourable to me as possible.
For the Prisoners.
Q. What is Allen's general character?
M. Beesley. I never heard any thing amiss of her.
Q. What is Burton's general character?
M. Beesley. She always bore a very good character.
Q. How long have you known her ?
M. Beesley. About seven years.
Q. What are you?
M. Beesley. I keep a chandler's shop.
Q. What is her general character?
M. Skellet. She always had a very good one; she lived in the house where I do, in a court in Little Britain.
Allen, guilty 39 s.
Burton acquitted .
183, 184. (M) Ann Rucland , spinster , and Ann Sause , widow , were indicted for stealing three blankets, value 4 s. one bed quilt made of linen and cotton, value 1 s. one bolster, value 1 s. one pillowbier, value 2 d. two linen sheets, value 3 s. one pier glass, value 5 s one copper tea kettle, one silver tea-spoon, one iron sender, one pair of bellows, two linen curtains, four china saucers, four china tea cups, one flat iron, and one tea board, the goods of John Lucas , in a certain lodging room led by contract , &c. March 14 .
Both acquitted .
John Hare . The prisoner came and offered herself to me as a servant on the 15th of April, and my wife hired her She rob'd me of the things mentioned in the indictment, went away, and left the door open; she was persued, and taken with them upon her. Produced in court, and deposed to.
Christian Streeter . On the 2d of October last, as I was walking alone in St. James's Park, the prisoner came up to me and ask'd me my name, and where I liv'd. I told him I liv'd in Berkley-street. He said, I was a country girl, and ask'd me if I had dined, and I said I had.
Q. Did you tell him who you liv'd with?
Streeter. No, I did not. He said if I would go along with him, his man should see me safe home, for as I was a country girl it would be very dangerous for me to walk alone, and therefore I went with him, and he had me to the sign of the Hercules over Westminster-bridge.
Q. Did you walk it?
Streeter. We did.
Q. Where is Berkley-Street, where you said you liv'd?
Streeter. It is very near Piccadilly.
Q. What past as you went to the Hercules ?
Streeter. He talk'd to me how dangerous it was for me to walk alone, and how happy it was that I had fallen into such good hands; and when we came to the Hercules, he had a fry'd rabbit for dinner.
Q. What time of the day was this?
Streeter. Between three and four o'clock. I did not know but that was his home.
Q. What past after you got there?
Streeter. He was inquiring where I came from in the country, and where my friends were, and who I was with in town, and where; and he ask'd the drawer if his man was come from Greenwich, and finding he was not, he said he imagined he was gone home; and nothing else past till we went to his lodgings.
Council. Then he did not pretend that the Hercules was his lodgings?
Streeter. No. He took a coach between the Hercules and the bridge.
Q. Where did he carry you to?
Q. How do you know that was his lodgings?
Streeter. He said so. When we came there he got out of the hackney coach and bid me sit till he went and knock'd at the door. He ask'd at the door whether his man was come home, and some body said no; then he bid me get out.
Q. Did you go willingly with him into his lodgings?
Streeter. Yes, I did. He said he would send his man home with me, and said it was a dangerous thing for me to be alone. He had me up one pair of stairs into a dining-room, and the maid came up with two candles, which she lighted and then went down.
Q. Did you express any uneasiness that you wanted to be at home?
Streeter. Yes; but he desired I'd make myself easy, for I was safe, and the minute the man came home he should go home with me.
Q. What time did he come home?
Streeter. I believe he came home about an hour after. He brought a letter and gave it to his master, and went out of the room directly; after that I desired him to let the man go home with me, and then he said by G - d I should not go.
Q. What past after that?
Streeter. He strip'd off all my cloaths, and I screamed and cried, so that any body might have heard me in the street.
Q. Was you sitting or standing, when he began to pull your cloaths off?
Q. What pass'd after that?
Streeter. I fainted away while he was undressing me, and he took me up in his arms and put me into bed.
Q. Were all your cloaths off then?
Streeter. Yes they were.
Q. What past after that?
Streeter. He brought something for me to smell to, for I was not able to speak. I did not know he had carried me to bed, but when I came to myself I found myself there, and he was standing by the bed-side, holding something for me to smell to.
Q. What past after this?
Streeter. He undress'd himself and got into bed.
Q. What happened after that?
Streeter. He had carnal knowledge of my body against my will and consent.
Q. Did you make any resistance on this occasion?
Streeter. I did, and scream'd out till I was quite gone.
Q. Did any body come to your assistance?
Streeter. No, no-body.
Q. What past after this?
Streeter. After he had used me thus he rung the bell, and his man came; and he ordered the man to bring him something to drink, and to take care of my cloathes. I made a mourning noise but was not able to speak.
Q. Did you attempt to get away from him then?
Streeter. I was not able.
Q. How long did you continue with him?
Streeter. I continued with him all night.
Q. Did he make any more attempts in the night?
Streeter. Yes, several times, but I prevented his having carnal knowledge of my body after that.
Q. What was it he did to you at the time you say he had carnal knowledge of your body. You must tell particulars.
Streeter. He hurt me very much. I found what he had in my body.
Q. What was that?
Streeter. No answer.
Council. Then I'll ask you, Was it his private parts?
Streeter. It was.
Q. Did any thing come from him?
Q. Was you wet ?
Q. What past in the morning ?
Streeter. In the morning he got up and left me in bed. I put what cloaths I had on, and went into the dining-room, and he brought me there my cloaths, by a piece at a time, and I put them on in the dining-room. After I had all my cloaths on he ordered his man to cut my hair.
Q. And did he?
Q. Was that by way of dressing it?
Streeter. I don't know, he bid the man cut it off and put it by.
Q. Did you object to it?
Streeter. No, I was afraid of being murdered every minute, from the usage I met with from him the night before.
Q. Was it merely from the usage you met with, or was it from any thing else?
Q. Did you observe any arms?
Streeter. There was a sword hung by the bedside.
Q. Was there any thing else?
Streeter. There was a blunderbus by the closet-door. I sat down to breakfast with the prisoner, and drank two dishes of tea. I cry'd, and he ask'd me what I cry'd for, and put his hand into his pocket, and took out and gave me a guinea, which I laid down on the table and told him I did not want money, and I refused to take it three times; on which he told me, if I did not take it, I should not go home, and for that reason I took it; after that he let me go, and gave me directions to write to him by the name of Douglas, at the Cocoa-tree, Piccadilly.
Q. Did you take that direction?
Streeter. I did, but I did not say I would write to him.
Q. Did he send his man with you home?
Streeter. He did. He went before me, and when I came to the house I rap'd at the door.
Q. Who was in the house in Berkley-street, when you lodged there?
Streeter. 'Squire Ladd, he was not in town then, I saw Mrs. Fletcher as soon as I came in.
Q. Did you acquaint her with what past?
Streeter. No, because there were a great many people there, men and women. But I acquainted a Person with it that brought me to town, her name is Box; she was housekeeper to Mr. Ladd.
Q. How soon after you came in did you acquaint her with it?
Q. What past upon that?
Streeter. She took no notice of it.
Q. Was any body else present?
Q. Did you acquaint any body else?
Streeter. About four o'clock on the same day, I told Mrs. Hatchet, who keeps the Albemarle's Head in Piccadilly. Mrs. Box wanted to take me the next day to Greenwich, but I was not well enough to go.
Q. What was that illness owing to?
Streeter. To his usage. I went from Mr. Ladd's house.
Q. What was your reason for going away?
Streeter. Because the housekeeper left Mrs. Fletcher and me alone, and as the prisoner had said he would send his servant, I was afraid to stay in the house. I lay there on Sunday night, and went the next day, being Monday, to Mrs. Hatchet's.
Q. When did you find out the person that had used you thus?
Streeter. I found him out the next day.
Q. Did he send you the direct way home from Rider-Street ?
Streeter. No, he did not, but thro' the Green-Park.
Q. What method did you take to find his lodging?
Q. Did you go from thence to Rider-street ?
Streeter. No, but I wrote to my father on the Tuesday. When he came up, we went to see this house in Rider-street.
Q. Who went with you?
Streeter. My father, Mr. Hutchinson, and Mrs. Hatchet.
Q. What is Speed?
Streeter. He is a waiter at a coffeehouse; when we came to the house we ask'd if such a gentleman lodged there, they said yes. We went up stairs to see if it was the same place, he was there and another gentleman; I said that was the gentleman ( meaning the prisoner.) We went away directly to Mr. Welch the Justice.
Q. How many days was this after this ill usage?
Streeter. That was on the Saturday, and I wrote to my father on the Tuesday. When I was before Mr. Welch, I acquainted him with what had happened, and he granted me a warrant.
Q. Were there any endeavours made to apprehend him?
Streeter. Yes there were, but he absconded.
Q. At the time you came there with your father, did the prisoner appear to be under any concern when you came into the room?
Streeter. He was very much surprised, and could hardly speak.
Q. Was the prisoner sensible that he had used you in this way?
Q. How came he to ask you what you cry'd for?
Streeter. That I don't know.
Q. Did you expect his man would come to your lodgings?
Streeter. He told me he would send his man by the door, and if the people used me ill there I should come away with him: I did not know but that he might send him, and it was upon that account that I chang'd my lodgings to Mrs. Hatchet's.
Q . What advice did Mrs. Box give you when you acquainted her of it at first?
Streeter. She took no notice of it; but bid me say nothing about it.
Q. What o'clock was it on the 2d of Oct. that you met him in the Park?
Street. Between three and four in the afternoon.
Q. Had you dined then?
Streeter. I had.
Q. Had you ever been in the Park before?
Streeter. I had several times, but never alone till that day.
Council. Then you knew your way from Berkley-street to the Park?
Streeter. I did.
Q. How came it that you did not know the way back again?
Streeter. Because he took me farther about.
Q. What part of the Park was it he met you in?
Streeter. In the Bird-cage walk.
Q. Had you ever been in that part of the Park before?
Streeter. No, I had been in the Mall.
Q. Did not you know the way cross the Park from the Bird-cage walk to the Mall?
Q. Had you any gloves on?
Q. Did he say any civil things to you in the Park?
Street. He only told me what danger there was in walking alone, and what a very wicked place London was, and how happy to be in his hands, and asked me where I came from, and how long I had been in town.
Q. Did you tell him you had a sweetheart, and was come to London in order to forget him?
Streeter. I told him I had a sweetheart.
Q. Did he offer to kiss you in the Park?
Streeter. No, he did not.
Q. Did not you tell him you came to town to cure yourself of love?
Q. Did he not talk of his liking you?
Streeter. No, he did not.
Q. At the Hercules, when you got there what past?
Streeter. I sat by while he dined, I had dined before
Q. How long might you have been there?
Streeter. About an hour and a half.
Q. Did he kiss you there?
Streeter. No, nor offer to touch me.
Q. Was you in any fear all this time ?
Streeter. No, he gave me no room to be afraid.
Q. What time was it when you came to his lodging?
Streeter. It was candle-light then.
Q. Did you think yourself safe then?
Streeter. I did.
Q. Was not the maid that brought up the candles alone with you in the room?
Streeter. No, when we went up stairs the maid came just behind us.
Q. Did not he quit the room?
Streeter. No, he did not at all.
Q. What time did the man bring the letter?
Streeter. I believe it was after we had been there about an hour.
Q. Did you scream in the dining-room before you got into the bed-chamber?
Streeter. Yes, the moment he began to undress me.
Q. Does the dining-room front the street?
Streeter. It does.
Q. Do you remember a circumstance of Mr. Lackey's going down stairs, as if to make people believe he was going to take leave of you, and in going down stairs saying my dear I wish you a good night, opening the door and shutting it again?
Streeter. No, I remember no such thing.
Q. Do you not know how you got into bed?
Q. What was the first thing you observed when in bed?
Streeter. It was his holding something for me to smell to.
Q. How long had you been in bed before you might recollect yourself and recover your senses?
Streeter. I did not recover myself all night. I was in my senses sometimes, but not in my right senses all the night.
Q. Did not you sleep?
Streeter. I never shut my eyes to sleep till morning.
Council. Then in the morning you slept?
Streeter. In the morning I fell asleep.
Q. What did you scream for after he got into bed?
Streeter. Because he hurt me.
Q. In what manner did he hold you, when he hurt you?
Streeter. I was not able to struggle.
Q. When the man came up, you said, you made a mourning noise; what hindred your speaking?
Streeter. I don't know, I was not able to speak, he had ravished me before the man came up.
Council. You say he made several attempts on you that night?
Streeter. He did; but when I recover'd myself, I was more able to resist him.
Q. Did you cry out afterwards?
Streeter. I did several times, when he offer'd it.
Q. What times of the night did you cry out?
Streeter. I can't tell the times.
Q. Did you hear the family go to bed?
Q. Do you know Mrs. Cox, the woman of the house?
Streeter. I never saw her.
Q. Was not the cutting off your hair, in order to dress it in the French way?
Streeter. I don't know. It was cut all off to about two inches long or thereabouts; his servant turn'd it up with an iron.
Q. Did he powder it?
Q. Did not you look in the glass, when the servant was dressing your hair?
Streeter. No, I never did.
Q. Do you remember Mr. Lackey's coming to you and kissing you, and saying it was very pretty?
Streeter. No, he did not do any such thing.
Q. How came you to have your hair cut?
Streeter. The reason was, I was afraid of being murder'd.
Q. Was it at Breakfast you cry'd?
Streeter. It was.
Q. Had he threatened you?
Streeter. No, not in the morning; he forced me, and said by G - d I should not go.
Q. Did he threaten to do you any other kind of hurt?
Q. What answer did you give him, when he ask'd you what you cry'd for?
Streeter. I made no answer.
Council. Then you did take the guinea?
Streeter. He make me take it, and said I should not go without it.
Q. Did not the servant and you talk together going home?
Streeter. I had not a word with him going home.
Q. Why did not you give the man the guinea to carry it to his master?
Streeter. I was afraid of him.
Council. Then you never returned it?
Streeter. I have it now.
Q. How came it to pass, that he should tell you he would send a servant to know if the people had used you ill, and if they had you should come again to him; how is that consistent with the supposition of his having used you ill ?
Streeter. I don't know.
Q. What discourse had you with him in the morning ?
Streeter. He told me he would send for a milliner and dress me up, and I should have a coach to ride in; also the buttons on his waistcoat, which he said cost twenty guineas a piece, to button my gown, if I would stay. I told him I had rather go.
Q. How long had you been with Mrs. Fletcher, before you saw Mrs. Box?
Streeter. They were all together.
Q. Why did not you speak of it to Mrs. Fletcher?
Streeter. Mrs. Fletcher was a stranger to me, and Mrs. Box was not.
Q. Did you tell Mrs. Box, you had lain all night with a gentleman?
Streeter. I did.
Council. I think Mrs. Box and you had been acquainted before?
Streeter. Mrs. Box brought me to town, she is an acquaintance of my father's. She had been at my father's house in the country.
Q. What was her advice?
Streeter. She advised me to go home to my father's.
Streeter. Yes, she was there.
Q. Who let you in ?
Streeter. I really do not know.
Streeter. I did not speak to her about it.
Q. Was not she by when you spoke to Mrs. Box?
Q. Whether you did not tell Mrs. Box you had lain out all night with a woman?
Streeter. The first opportunity I had I began telling her, which was about half an hour or an hour after I came into the house; when I first came in they all set at me to know where I had been.
Q. How many were there of them?
Streeter. Seven or eight of them, people in the house, and people besides. I told them I did not know where I had been, nor whom I had been with.
Q. Did you give no other answer?
Streeter. I don't remember such a question.
Q. Did you tell them you had been used very civilly?
Streeter. No, I did not.
Q. Did not you call for a pen and ink, and tell either Mrs. Box, or Mrs. Ellis, you'd write the gentleman a letter by the penny post?
Streeter. No, I did not.
Amelia Fletcher . I was at Mr. Ladd's, I kept his house. Mrs. Box brought Christian Streeter out of the country from her father's. She was there ten days. She asked Mrs. Ellis and Mrs. Box to take a walk with her into the Park with her after she had dined.
Q. Had she been in the Park before?
A. Fletcher. She had been there several times with one of them.
Q. What answer was made?
A. Fletcher. Mrs. Box said she was sleepy, and would go up and lie down. Mrs. Ellis said she would not go; so she went by herself.
Q. What time of the day was this?
A. Fletcher. This was about three o'clock, but I don't remember the particular day. It was on a Saturday.
Q. Do you remember her coming home?
A. Fletcher. I was there when she came home, but can't recollect any thing about the conversation.
Jane Hatchet . Mrs. Box came to my house on the second of October, at night, and told me Christian Streeter had been gone out to take a walk in the Park, and was not come home; and she was afraid some ill had come to her. I said, she is a pretty girl, and a sober girl. Yes, said she, a very sober girl, I brought her from her home, and she never was from home in her life before. In the morning before I was up, my husband came to my bed side, and told me that Mrs. Box was there, and begged of me to go into the Park, and inquire of the guards whether they heard any noise there. I did not come down soon enough, and she begged that Mr. Hatchet would go with Mr. Hutchinson to justice Fielding, and ask his advice. While they were concluding about it she came home, which was about one o'clock at noon.
Q. On what day?
J. Hatchet. On the Sunday. I went and drank tea with them, and observing the girl to sit in a vast deal of misery I said, if you have been with any body all night, you had better tell it. Mrs. Box said, if you have done a fault, you had better own it. Then tears ran out at her eyes, and she said to Mrs. Box, Madam, if you'll let me speak to you I should be obliged to you. They went together; after that Mrs. Box came in and said she wanted to write to Greenwich, and had no paper. She went to get a sheet of paper. Then the girl told her story, and it was so melancholly that I cried. The girl was in such an agony, I never saw any thing like it.
Q. What was it she said?
J. Hatchet. She said a gentleman met her in the Park, and asked her what country girl she was; she told him from Sussex; he said he had a servant that was a Sussex man, from Lewes, and asked her if she had no relations. She said none but one brother, who was with her father. He said may be you may know my servant, and if you'll go with me I'll take care that he shall see you home. So she went with him; he had a fryed rabbit, and he pressed her to eat some, but she would not. He poured out a glass of wine, and made her drink it. This was at the Hercules. Coming away he asked the drawer whether he had seen his man. When they got a little way, he called a coach, and they went to his lodgings; and that she sat in the coach, and heard him ask if his man was come home; somebody said no, he was not. Then he came out, and desired her to walk up stairs. She did, and after a while she began to grow uneasy. He told her as soon as his servant came in, he should go home with her. The servant came in with a letter. She said, he had said so much about young girls being in danger to walk alone, that she could have trusted herself with any body, and thinking this man a Lewes man, she said she thought she should be taken care of by him. When the prisoner had read the letter, she asked him if he'd let the man go home with her. He answered, '' by G - d she should not;'' and then he got his knees close to her, and pulled off her shoes and undressed her. I began to examine her out of compassion, and talked to her as much as I could. I have since lain with her on nights, and talked to her time after time. She is a stranger to me, but I found her always in one story. She said he undressed her, and she fainted away; so that her head lay quite on her shoulder. He took her in his arms, and carried her to bed; and when she came to recover, she found something at her nose, and he by the bed-side. He undressed himself, and got into bed. I being married asked particulars. She made it appear he lay with her, as much as is possible for a man to do. I examined her linen, and have kept it ever since. I did not find a vast deal upon it. but she said the sheets were bloody. I asked her whether it was not about her times; she said, that was about a fortnight before she came to London.
J. Hatchet. I judged she was a very virtuous girl, and I dare say she was a virgin.
Q. Was she always consistent in the relation she gave?
J. Hatchet. She always was upon my oath. I have talked to her for an hour together; and after that I have gone up again, and told her she had said things that she had not said, to see if she would tell a story, because I knew nothing more of Lackey than I did of her; and I thought I was doing my duty as much as I could. She always said to me, Mrs. Hatchet, how could I say so. She always stuck to the story she first told. On the Sunday in the afternoon, after she told me the story, she said, Madam, the gentleman said he'll send his man by. If Mrs. Box should go to-morrow, I am not well, and if my father was to know, I am sure he would right me for being used so barbarously. The girl desired to come and live with me, and my husband gave her leave; and as I never had a good opinion of Mrs. Box, I for that reason invited her to come to our house. The girl was desirous to find Mr. Lackey out. I said to her, do you think you should know the house again on the other side of the bridge. She said, yes, I believe I could. We took a coach, and went to the Hercules. There stood a man at the door. The girl ticked me, and said, that was the drawer. We went in. I said, has there been a gentleman here, that was along with this gentlewoman, to inquire for a couple of women? He said, no. I asked at the bar if they knew that gentleman's name. The man and his wife could not make it out. Then I called for a gill of wine, and said, I'd stay till he came. The girl said, I am sure the drawer must know him, for he asked him whether his man was come. Then I called him in again, and mentioned that particular; and he said his name is Lackey, and he lives in Rider-street. I desired he'd give it me in writing, which he did. He said to me he was a good for nothing man, and had used him very ill; but bid us not to tell his name, fearing he should come to any hurt. I said I should let her father know it, and he might do as he would.
Q. What was that person's name ?
J. Hatchet. His name was James Speed , we went to subpoena him, and found that he was dead. He told me he looked at the girl, seeing her look with a country look, and was surprized seeing her with him, and fear'd he should hear a noise every moment, and said if he had he would have gone up to her assistance. I asked him if the girl eat any thing there. He said, no. From the Hercules we went cross the Park; and at the end of Rider-street, I asked where a gentleman, named Lackey, lived, and said he kept a man. I was told he lived at the house of Mrs. Cox, and was shewed it. I went with her five or six times to see if she could find the way she was carried to the Green-park, but she never could. She persisted she was carried a round-about way. She said she did not come out at the end of the street, which I carried her in at, which was the right way. We could not write to the father 'till Tuesday, and he was at our door about eight at night on the Thursday following.
Q. Who wrote the letter?
J. Hatchet. Mr. Hutchinson did.
Q. Did you inquire whether the gentleman was at home when you was there?
J. Hatchet. No, I did not. I thought it better for the father to do that when he came to town. Mr. Hutchinson, her father, she, and I, went to Mr. Lackey's lodging in a hackney coach. We went all four into his room, and saw him there.
Q. Was it the same person you now see at the bar?
J. Hatchet. It was. His veins arose so prodigious high, and his voice was so he could hardly speak. Mr. Hutchinson said to the girl, is that the man? She answer'd yes; said he to him, do you know this girl? he said yes.
Q. Did the girl mention any money to you?
J. Hatchet. She said he gave her a guinea and she gave me it, and I gave it to Mr. Hutchinson, and he sealed it up, she gave me also the gloves; we went from thence home, and after dinner to Justice Welch's, and from thence to a constable that he recommended us to.
Q. Did you charge Mr. Lackey with this offence, when you was there?
J. Hatchet. No. I never spoke till I got upon stairs; then I said any body may see by your looks what you be.
Q. Was he charged by any body?
J. Hatchet. The father told him he ha d used a child of his very barbarously. Mr. Hutchinson said, don't let us stand thus, we have seen the man; that is enough.
Q. What did Mr. Lackey say?
J. Hatchet. He said she had been there, and he thought he had used her very well. The girl
Q. How many times might you have seen the girl after this affair before she told you this story?
J. Hatchet. I really can't say, whether I had seen her once or twice before she came one night with Mrs. Box to our house, and they ordered some beer; I don't know that I spoke to her then.
Jos. Hutchinson. The Friday after the affair happened I went with her, her father, and Mrs. Hatchet, in a hackney coach, from Mrs. Hatchet's door to Mr. Lackey's lodging.
Q. Did you know the person that kept the house where he lodged?
Hutchinson. No, I did not. I do now: her name is Cox. When the coach stop'd at the door, I ordered the girl to sit at the corner of it, that she should not be observed, and bid her look out as carefully as she could at the person that opened the door. A servant opened the door. I asked him if Mr. Lackey was at home, he said yes. He desired I'd send up my name, I said my name was Hutchinson. He went up. I step'd back to the coach, and asked the girl if she knew that servant, she said that was the gentleman's man.
Q. What was his name?
Hutchinson. His name is William Ellis . I got them all out of the coach, and up stairs as soon as I could: I met the servant upon the stairs, who bid me walk up. I jumped up very quick, fearing he might see the girl get out of the coach: when I got up, there stood Mr. Lackey. I stood close to him, and said nothing at all to him. The girl was a good while in getting up, being affrighted. I said, come along, come along. When he saw the girl he retreated into his room. I followed him, and took the girl by her left arm, and carry'd her within half a yard of him, and said, Sir, do you know this lady? he shook and fluttered a good deal, and said, Yes Sir I do, and I think I used her very well.
Q. Did he appear to be in any degree of a fright or terrour?
Hutchinson. He seemed to be apprehensive of some mischief coming to him, he seemed as much in a fright as ever I saw a man in my life.
Q. What do you mean by fluttering ?
Hutchinson. His speech was altered.
Q. Did you accuse him with any thing?
Hutchinson. I said no more. I accused him with nothing. Then I asked her again, if that was the man, she said yes.
Q. What did the father say.
Hutchinson. The father introduced himself thus: Sir, you have used a daughter of mine extremely ill. That was all I heard him say?
Q. What answer did Mr. Lackey make to that?
Hutchinson. I don't recollect: that was spoke before I spoke.
Q. Then who was his answer given to?
Hutchinson. That answer was given to me.
Q. How came you to have knowledge of this affair at first?
Hutchinson. On the 3d of October Mr. Hatchet came to me and told me, Mrs. Box had brought a girl out of the country, and she had let her walk out alone, that she was lost, and they were in a deal of concern about it, and he wanted me to direct them in some method to go into the Park, and ask the officers and people of the guard, to know if she might be taken away by violence. In the evening I went over to Mr. Hatchet's house, and Mr. Hatchet told me, the poor girl that her husband told me of was come home, and treated very cruelly.
Q. Did the prosecutrix give you any account of her treatment?
Hutchinson. She did, the same she has now. I wrote to the father, and he came to town.
Q. Did she give the same account before Mr. Welch as she has done in court?
Hutchinson. She did, I heard the last examination, it was as near it as could be. Mr. Welch advised me to go to see for Mr. Lackey, I went and found he was absconded, and I could not hear where he was. I took a great deal of pains to find him out. The last account I had of him was, that he was in Holland.
Q. When was this bill of indictment found?
Hutchinson. It was found at Hicks's-hall in October last.
John Streeter . I am father to Christian Streeter , I am acquainted with Mrs. Box. My girl was brought up intirely with me in the country, and was never in town before. Mrs. Box requested of me several times to let her come up before I consented. When I permitted her to come to town, she promised me to take care of her. My girl was well brought up and very modest, and never till lately in any body's company.
Q. How old is she ?
Q. When did you come to town?
Streeter. I came to town the Thursday after this happened.
Q. Where do you live?
Streeter. I live at Stenying, in Sussex. I came directly upon receiving a letter; the morning after I came I endeavoured to find out the house where the prisoner lived: We went there. Mr. Hutchinson got out of the coach, and knocked at the door; a gentleman's servant came. Mr. Hutchinson asked if his master was at home, he said, yes. Mr. Hutchinson sent up his name. The servant returned, and asked him to go up. We got out of the coach, and followed him. Mr. Lackey asked the reason of our coming. I told him he had used a daughter of mine very ill: He said, he thought he had used her very well; he seemed very much affrighted upon our coming up stairs, and looked very pale; his words seemed to shake. We went all out of the room directly after Mr. Hutchinson, and asked the girl if that was the man, and she said, yes.
Q. Is the prisoner the same person ?
Streeter. I believe he is.
Council for Prisoner. We don't intend to attack it.
On the second of October, about three in the afternoon, as I was coming along the Birdcage-walk, in the Park, I overtook this girl near Rosamond's-pond; she looked up to my face and laughed in a very light manner; at that time of the day (it is known very well ) people walk there with an intent to be picked up. I took her for such. I said will you go and dine; she said she had dined. I said will you give me your company. I was coming from Westminster, she turned back with me. I was ashamed to walk with her. She had no gloves on. She followed me 'till I came to the street that fronts the bridge. I went into a shop and gave her a pair of gloves; she thanked me. I believe the person of the shop will give an account of my behaviour and her's, to your lordship and the jury; so it is unnecessary for me to tell it. I asked her at the glove-shop, what sort of gloves she chose to have; the woman brought some, and she chose mittens; the woman drew them on and smiled; then we went to the Hercules tavern, I had what the girl mentioned for dinner, and two or three glasses of wine. I talked with her about whence she came, she told me. I found her what I imagined her to be. I asked her what was the cause of her coming out of the country; she said there was a young man that I was in love with, and he disappointed me; he slighted me, and I was ready to break my heart, so I came up to London to forget him. I said you'll probably have a lover here in town. I asked her if she would see a play; she said she would. I had her in my arms when the drawer came in, but I was dressed in a manner not fit to go with her. She went home with me. We took a coach pretty near the bridge. I handed her in; and when I came to my lodgings it was about the beginning of dusk, between six and seven. I was anxious to know whether my man was returned from Greenwich, where I had sent him. I was not polite enough to give her my hand, I forgot to hand her out of the coach, but left her there; she came out of it herself, and followed me in, and up stairs, knowing she had been some time in my company; I left her up stairs with the servant maid, and went down to talk to my land lady to put things in order for tea, and the maid carried up a couple of candles. When my servant came home, I told him here is a girl that came from Sussex, perhaps she is some relation of your's. She undressed herself, and I went into the bed-chamber; at the time she was undressing herself at the table in the dining-room there was I believe five-hundred pins. I said what do you do with all these; she said my gown pins on. I protest to God she was no more in a sit than I am now, as your lordship will find. After we had been some time in bed, I rung the bell, and ordered a negus; my man brought it up with a candle; and put it on a mahogany waiter. He stood by with the candle. I said, my dear, will you drink; she said no I thank you, I am not dry. In the morning we had a couple of muffins for breakfast; then she had her hair cut by my servant; I asked her which way she would have it cut, or in what fashion: she said, Sir, you are the best judge, cut it as you please. Afterwards I said, you are a pretty girl, and kissed her. I could not get her to stand away, from the glass. Then my music master came to play some tunes with me; I said, I beg you would excuse me this morning from practising in music. I
For the Prisoner.
Q. Do you recollect the prisoner coming to your house with a young woman?
D. Armitage. I believe I do.
Q. When did you see her last?
D. Armitage. I saw her here when she gave her testimony. I can't be particular to the day, it might be about the second of October.
Q. Which came in first?
D. Armitage. Really I can't say that. I believe the young woman did. I was then at dinner. I believe it might be about three o'clock. I arose from my dinner, and the gentleman asked me if I sold gloves. I took down some mittens, and drew them on her hand, and he paid me for them.
Q. How were they dressed?
D. Armitage. I did not observe that. I did not make any great observation. I took him for a gentleman, but I did not take her for a gentlewoman. What she was I did not know.
Q. Did she seem to be frighted?
D. Armitage. No, she did not. He asked her, how she came to come without her gloves; and she said, she forgot them. They had no other conversation in the shop as I can remember.
Q. Do you remember whether she offered to pay for them?
D. Armitage. I don't remember that.
Q. Where is your wife?
Gibson. She lies in.
Gibson. He was my waiter, he is dead.
Q. Do you remember any thing of the girl's coming to your house with Mr. Lackey?
Gibson. I was not at home at that time. I remember her coming to enquire after Mr. Lackey. I asked her particularly about him. She said he behaved extremely well to her there. I said, and I hoped he did at your own house too. She smiled and said nothing.
Q. What is her business ?
M. Head. She lets out lodgings.
Q. How long have you lived there?
M. Head. Between eleven and twelve years
Q. What sort of lodgers does she take in?
M. Head. Good sort of gentlemen, creditable people.
Q. Did Mr. Lackey lodge there?
M. Head. He did; he has lodged there two years and a quarter last Christmas, I believe.
Q. Do you remember the second of October, when his servant was gone to Greenwich?
M. Head. I do.
Q. What happened on that day?
M. Head. I was in the dining-room, and heard somebody knock with a double knock. My mistress
Q. What rooms had he in your house?
M. Head. He has got the first floor, a dining-room, and a lodging-room, and another higher up for his man. The first floor consists of those two rooms. He pulled off his sword, and laid it down on the table, then went down stairs, left me with the young woman.
Q. How long was you with her alone?
M. Head. Ten or twelve minutes.
Q. What past between you?
M. Head. I said not a word to her nor she to me. I cleaned my chairs, then went down stairs, and lighted a couple of candles, and as I was going up Mr. Lackey followed me.
Q. Did you see any more of that young woman that night?
M. Head. He desired I would shut the windows, and draw the curtains, which I did. Then he said pray go down and make the water boil for tea, which I did. I came up again in about half an hour, the door was open. Then he told me he could not make tea, his servant had the key; so there was no tea at all. I saw no more of the young woman that night. The servant came home between six and seven.
Q. What is his name?
Q. What time did the family go to bed?
M. Head. I believe about ten or eleven.
Q. How many were there of you?
M. Head. There were only me and my mistress besides them in the house that night.
Q. How long was the street-door open after Mr. Lackey came in?
M. Head. It was open a great while after that.
Q. Did you hear any body at the door after you came down?
M. Head. I believe I did hear somebody say, I wish you a good night.
Q. Can you recollect whose voice it was?
M. Head. No, I can't.
Q. What time might that be?
M. Head. It was I believe about nine o'clock.
Q. Where does Mrs. Cox lie?
M. Head. She lies up two pair of stairs. Her bed-chamber is over Mr. Lackey's.
Q. Where do you lie?
M. Head. I lie in the garret, on the same floor as Mr. Lackey's man does.
Q. Is this a double house?
M. Head. There is only a door opens, no passage between the dining-room and the lodging-room. It is a very small shell of a house.
Q. Is Mr. Lackey's lodging-room by the side of the stair-case?
M. Head. There is a door comes from that to the side of the stair-case.
Q. Where Mrs. Cox lies, is it possible to hear any noise in Mr. Lackey's bed-chamber?
M. Head. She can hear any noise there, when he and his servant have been talking we could distinguish their two voices there.
Q. Suppose they were in the dining-room, could you?
M. Head. We have heard Mr. Lackey walk about there.
Q. Then any screaming can be heard in any part of the house?
M. Head. Yes, that it must.
Q. Did you hear any noise that night?
M. Head. No, I did not, not a word.
Q. Have you more than one stair-case in that house?
M. Head. No, we have but one. We all pass by the door of his lodging room to go up stairs.
Q. Had there been a noise of any screaming either in the lodging room or dining-room that night?
M. Head. No, there had not, if there had we must have heard it.
Q. Did you go to sleep as soon as you got into bed or not?
M. Head. I can't say whether I did or not.
M. Head. Yes, that was between eight or nine o'clock that night; he came down for a little wine and water, and I fetched him a lemon; this was before I went to bed.
Q. Did you see the young woman the next morning ?
M. Head. No.
Q. Did Ellis go up to his master often?
M. Head. The bell rung two or three times, and he went up and came down again.
Q. Who attended at breakfast?
M. Head. Mr. Lackey's servant.
Q. Is Mrs. Cox's a sober house?
M. Head. Very sober.
Q. Would Mrs. Cox have admitted any woman to have come into her house to lie with Mr. Lackey ?
Q. Mention some of the lodgers that used to lodge at your house?
M. Hea d. We had Mr. Hubert, his Lady, and children.
Q. Is your house for the reception of sober, not vicious people?
M. Head. We never took in any but sober people.
Q. When you was in the kitchen, and they in the one pair of stairs, is it not possible a person might scream, and you not hear it?
M. Head. No, we can hear people walk there very plain.
Q. You say you heard somebody say they wished a good night; where was you at the time ?
M. Head. I was in the kitchen.
Q. Where was Mr. Lackey then?
M. Head. He was then in the first floor.
Q. Who was it that wished a good night?
M. Head. Who it was I can't tell.
Q. Do you make the beds?
M. Head. Yes.
Q. Did you observe any thing when you made Mr. Lackey's bed?
M. Head. I did not know of anybody's lying there, so I took no notice.
Q. How did the girl seem while she was there ?
M. Head. She seemed very happy, and very well pleased, when I was with her about ten minutes.
Q. Did you look upon her to be a woman of the town?
M. Head. No, I did not; we should not have admitted her, if we had suspected her to be one of that sort.
Council for Prisoner. If there had been any thing of this kind done, would not there have been something to be seen on the sheets?
M. Head. Yes, to be sure, but I observed nothing.
Q. Who did you take the girl to be?
M. Head. I took her to be an acquaintance of his, I did not know what she was.
Rose Cox. I live in Rider-street, St. James's, and keep a lodging house. Mr. Lackey has lodged with me a year and three quarters.
Q. What sort of company used to visit him?
R. Cox. He always had very good company used to come.
Q. Do you remember any thing particular on the second of October?
R. Cox. Nothing. only a young woman came with him; I opened the door for him; it was some time before she came out of the coach; he asked me if his servant was come home, I told him no.
Q. Was you in court when Mr. Lackey made his defence ?
R. Cox. No, I was not.
Q. Do you remember the girl coming out of the coach?
R. Cox. I do; he came and stood upon the step, and she came and stood by his side; he said, pray Miss will you walk in.
Q. Did you see them walk up stairs?
R. Cox. I can't say I did, I called the maid down stairs to bring a light, which she did.
Q. How long might she have been up stairs?
R. Cox. She might have been there almost a quarter of an hour.
Q. Do you remember Mr. Lackey's coming down again?
R. Cox. I do; he was some time in my room, and asked me if I could think what was the reason his man was not come back.
Q. Did you see Mr. Lackey after that, that night?
R. Cox. No, I did not. I remember the servant coming home between seven and eight o'clock, his going into the room when the bell rung, and his coming for wine and water; there were some negus made.
Q. Where was you then?
R. Cox. I was then in the kitchen.
Q. Was it carried up?
R. Cox. I believe it was.
Q. What room do you lie in?
R. Cox. I lie up two pair of stairs over the gentleman's head.
Q. If there had been a violent noise made in his apartment, could you have heard it in the kitchen?
R. Cox. Yes, very easily; if any body talks there, I can hear them; I can distinguish whose voices they are, but cannot tell what they say.
Q. What time did you go to bed that night?
R. Cox. I went to bed about eleven, or after.
Q. Do you pass close by his door to go to bed?
R. Cox. Yes, I do.
R. Cox. If any body snores in his room I can hear them in mine.
Q. You know what Mr. Lackey is charged with; if the young woman had screamed should not you or your maid-servant have heard it?
R. Cox. I think I must, I am very wakeful, and if I hear a noise I get up.
Q. What time did you go to sleep that night, can you recollect ?
R. Cox. I did not go to sleep soon that night, I was angry with my maid that she did not go up sooner, and I remember I heard Mr. Lackey's man go to bed.
Q. Did you hear your maid go to bed?
R. Cox. I did; she went to bed about half an hour after me. I believe Mr. Lackey's man and she went up soon after one another.
Q. When you went to bed was you apprehensive there was any body in your house besides Mr. Lackey?
R. Cox. No, I was not.
Q. Did you ever know before this, that he had any body lay with him?
R. Cox. No, nor I would not have admitted that, if I had known it, tho' he had left my house.
Q. Who lodged in that apartment before him?
R. Cox. Mr. Hubert did.
Q. If there had been a screaming, must not you have heard it?
R. Cox. If there had, I think it impossible but I must have heard it.
Q. Who lodged with you besides Mr. Lackey at that time?
R. Cox. I have no body but Mr. Hubert's son lodges with me now, and a gentleman, that is now in the country, who has been with me eleven years; there was no body in the house that night but my servant and I.
William Ellis. I am Mr. Lackey's footman. I have lived with him almost four years. I remember being sent to Greenwich, on the second of October. I returned about eight at night. When I came home I knocked at the door, and Mrs. Cox's maid opened the door. I asked if my master was at home; she said, in the dining-room, and a gentlewoman with him. I went there and saw my master walking about, and the girl sitting in a chair, by the fire side. I delivered a letter to my master, the door was open; I might stay about five minutes in the room.
Q. Did you observe any thing particular ?
Ellis. No, I went down, and went up again in about ten minutes; when he asked me if I delivered the letter to the person I carried it to. I said, no. He asked me whether I received the letter, and whether the person seemed to be in spirits. I said, yes. Then he asked me if I had any relations at Lewes, in Sussex. I said no. Then he said is not your name Ellis? I said, yes, and then went down stairs again.
Q. Did he mention that the lady was a Sussex woman?
Q. Was you in that room after that?
Ellis. I was, three or four times
Q. Do you remember any conversation between your master and the lady about supper ?
Ellis. Between nine and ten o'clock he rung the bell, I went up and he asked her if she would have any supper, or drink any thing; she said, she did not choose any thing.
Q. Did not she signify she wanted to go home?
Ellis. I did not hear any thing of that.
Q. What do you know else that past that night?
Ellis. I heard my master's dining-room bell ring some time after ten o'clock; it might be half an hour past ten. I went up stairs into the bed-chamber, and I there saw my master and Miss Streeter in bed together
Q. Was this before or after Mrs. Cox and her servant were gone to bed?
Ellis. It was before my master bid me mix some wine, water, and sugar together, and bring it up to him. I went down stairs, and sent Mrs. Coxs maid for a lemon, and got some water and wine, and carried it up stairs. Master arose in the bed, and tasted it, and said it is very good, and said Miss will you drink with me. No, said she.
Q. Had you heard any screaming before this?
Ellis. No, I had not.
Q. Did you observe by her looks or anything hat she said, any uneasiness at her being there ?
Ellis. None at all, she smiled at me, and I thought quite the reverse.
Q. Did she speak faintly, or chearfully?
Ellis. I thought quite chearfully.
Q. Did you see them any more that night ?
W. Ellis. No, not till next morning, when he rung the bell, I believe about eight o'clock. I went up and found master in the dining-room, alone.
Ellis. No, I was not. I touched none of her cloaths.
Q. Are you sure of that?
Ellis. I am.
Q. Did you see her in a fit?
Ellis. I know nothing of her being in a fit
Q. Did you observe any tears in her eyes?
Q. No signs of grief?
Q. Was your master dressed when you went up?
Ellis. He had his coat and waistcoat on loosely about him in the dining-room; he said, William are breakfast things ready, get them ready. went down stairs and got them ready, and about half an hour after that master rung the bell again; I went up and he was in the dining-room, and the bed-chamber door wide open; I got two muffins, he usually has one for his breakfast.
Q. Did you see the lady then?
Ellis. I did, I saw her in the bed chamber putting on her cloaths; he said put by the breakfast a little, for miss will have her hair cut. I brought my things up and cut her hair.
Q. Are you a barber?
Ellis. I was bred a barber.
Q. Did the lady submit to have her hair cut ?
Ellis. She came out of the bed-chamber, sat down, and I cut it: I asked her how she would have it cut, she said just as I pleased: she took off her cap, which was loosely upon her head, and sat facing the glass: it took up half an hour to cut it I did it according to the best of my skill, in the fashion: she seemed very well pleased: master talked to her and kissed her once or twice, and stroke her over the face.
Q. Did she express any thing of her liking it?
Ellis. When I had pressed her hair she got up, (there were three glasses in the room) and went to a glass; master said, well, how do you like it miss'd very well she said. I cut a good deal off, and did it properly as it should be done.
Q. Did she eat any mussin ?
Ellis. They were both eat, I know not by whom: master hardly eats a whole one: he ordered me to take the things away, and I dressed him.
Q. What time did she go away?
Ellis. She went away about twelve o'clock.
Q. Did she put on her gloves on the Sunday morning?
Q. Did you go the nearest way with her to Berkley-street ?
Ellis. I did; he said, take these keys and go thro' the Green-park, it is the cleanest and nearest way.
Q. Is it so?
Ellis. It is the cleanest, the nearest, and the best way.
Q. Did you purposely carry her thro' any bye alleys or by any bawdyhouses ?
Ellis. No, I went thro' Piccadilly, where masster met some gentlemen: when I got into Piccadilly, I asked her if she was not afraid to go home after being out all night, she said no: she knocked at the door where she lived, and I saw her go in.
Q. Did you say any thing else to her as you went along?
Ellis. I told her, I should come by that way about five or six o'clock, and asked her, to be at the door: she smiled, but what she said I did not understand.
Q. Did you in the morning observe any signs of terrour?
Ellis. No, not in the least.
Q. When did you see this girl next?
Ellis. I saw her on the Friday following: I opened the door, when she and others came in, and went up stairs to my master.
Q. Do you know any thing of the conversation ?
Ellis. No, I do not.
Q. Do you live with Mr. Lackey now?
Ellis. I do.
Q. Have you not been turned away since this affair ?
Q. Have you not been absent from him some time?
Ellis. I have, but not turned away.
Q. How long had you been absent from him ?
Ellis. About a fortnight.
Q. Did you go the direct way with this young woman to her home, or round about?
Q. Is this house of Mrs. Cox's a house where persons unmarried to lie together?
Ellis. I never knew it before.
Ellis. I can't say I do
Q. Do you remember your telling any person you had left your master, and he was fled to Holland for a rape?
Q. Where did your master go after this?
Ellis. I believe he went to Holland.
Q. Did you go with him there?
Ellis. I did.
Q. Upon what account did he go there?
Ellis. I can't tell, he did not tell me his business.
C. for prisoner. Have you never left your master's service?
Ellis. No, not at all: I came over from Holland to England to his attorney, in order to consult with him.
Susannah Ellis . I live in Berkley-street, and am servant to Miss Brement: I was once servant to Esq; Lad. I saw Christian Streeter when she came to town, about three weeks before this accident happened. I went several times in the Park with her: she asked me at dinner one Saturday to go into the Park with her, I said I would not.
Q. What was your reason for that?
S. Ellis. Because she had so many airs which made the gentlemen take notice of her. I said if I went with her, people would give me a bad character, and no body would take me into their service.
Q. What were the airs you mean?
S. Ellis. She wink'd and laugh'd at people that looked at her: she certainly did behave so, and Mrs Box and another woman heard me give that reason.
Q. What did she say when you said you would not go?
S. Ellis. She said she would go by herself.
Q. What time of the day was this?
S. Ellis. As nigh, as I can guess it was betwixt one and two o'clock; when we found she was missing we were very uneasy, we neither of us pulled off our cloths all night. As soon as it was light we both of us went into the Park, asked, everybody we saw, and described her dress to the pentinels, but no body gave us any account. She came home the next day, being Sunday, about the same time she went out the day before; I let her in. She saw me in a surprize. I shook when I let her in, and she said, Lord. what is the matter I said, are not you ashamed to stay out all night, to nefright Mrs. Box and me out of our wits. She said, what matter is it where I have been, here I am now. She went into the kitchen. Mrs. Box said to her, are not you dirty; she said no, she had not walked a great way, and pull'd up her coats to shew that she was not dirty. I said have you been in a bed; she said yes; I said with whom. she said with a woman. Mr. Hatchet said, don't be so harsh with her: My dear, if you have been misused confess it, and don't be afraid, we'll vindicate your cause: she said, no body has used me ill, far from it; then I went away. Coming in again, the lady at next door came for me to go and drink tea, and after that in my absence I was told she had confessed to Mrs. Box. I went up stairs where she was all alone. Some body knocked at the door; said she, Mrs. Box says it is a gentleman, but the gentleman that I have been with is more of a gentleman than he, for every button that he has got in his wastcoat cost twenty guineas. I looked at her and laughed, and said, do you think such a gentleman can mean you any good; she said, he means me no ill, but if Mrs. Box uses me ill, I'll go to him again. She asked me for a pen and ink, and said she'd write to the gentleman.
Q. What gentleman did she mean?
S. Ellis. The gentleman that she had lain with: I said as you are under Mrs. Box's jurisdiction let her do as she pleases; I'll have no hand in it. I said, how will you direct to him; she said, she would put it into the penny post; I said where will you find one, she said at the corner of every street there was one.
Q. Did she tell you what the gentleman had given her?
S. Ellis. She said nothing to me of that.
Q. How came she out of the custody of Mrs. Box to go to Mrs. Hatchet ?
S. Ellis. I don't know.
Q. Pray, what kind of airs were those she made use of?
S. Ellis. When any body look'd at her she'd look in their face; she said to me, don't you think
Q. Might not that be owing to simplicity?
S. Ellis. It might for what I know.
Q. Who was present at this conversation?
S. Ellis. Mrs. Box, Mrs. Fletcher, and Mrs. Hatchet.
Q. Was this after she had told you she had been in bed with a man?
S. Ellis. It was. I found her undaunted, and went out of the room directly.
Q. How was she to direct to the gentleman ?
S. Ellis. I don't know.
Q. How long had she been in town before the 2d of October?
A. Box. She had been in town near a fortnight before.
A. Box. I did. She told her, she did not chuse to walk with her, searing people should take notice of her, and she should lose her character.
Q. What had the girl done?
A. Box. S. Ellis told her, that gentlemen took notice of her behaviour.
Q. How did she behave?
A. Box. I can't tell.
Q. Did the girl go alone?
A. Box. She did immediately. Whether she asked me to go with her I know not, but if she did, I denied her.
Q. When did you see her afterwards?
A. Box. I never saw her after that, 'till about one the next day.
Q. Who let her in?
A. Box. Sukey Ellis let her in.
Q. How long had she been in the house before you saw her?
A. Box. Not above five minutes.
Q. Who was in the house at the time?
A. Box. There was Mrs. Fletcher and Sukey Ellis.
A. Box. No, he was not at first, he came in afterwards.
Q. Had she ever lain out a night before that?
A. Box. No: we could not guess where she was gone. When she came home, I enquired of her where she had been? Her answer was, It was no matter where she had been, here is your pincushion.
Q. What did she mean by that?
A. Box. She heard me say the day before I wanted one. I asked her where she had been all right, and where she had lain? She told me, she had lain with a woman.
Q. Did she mention what woman?
A. Box. No, she did not. I did not ask her any more questions at that time. I asked her if she was dirty; she pulled up her coats, and shewed me she was not, and said, she had not gone far. We went up stairs together; there I began to enquire where she had been. She sat down, and made no answer. I said again, Where have you been? She said, If you talk too much, I'll go again. I got up, and lock'd the door, and said she should not Then she went and sat down in the window. I again asked her where she had been; she said, What did that signify? Said I, Did you lie with a woman all night? She said, No. Did you lie with a man, said I ? She said, Yes. I said, Kitty. how could you do so? She said, she was bewitched. She asked me whether I would give her leave to write to him? I said, No. She asked whether I would give her leave to speak to his servant; and said he would come by the door. I don't remember she mentioned what time. I said, How will you write to the gentleman, and took hold of her pocket. Said she, It is not there. Then she took a paper out of her bosom, and gave it me; it had wrote upon it, To Wm Douglas , Esq: at the Cocoa-tree, Pall-mall. I said, Did you see the gentleman write this? She said, she did, and it is not his name, but it is his mother's name. The next day I was to go to Greenwich.
Q. Did she shew you the guinea?
A. Box. No, not just then. Mrs. Hatchet came, and she advised me to take the girl into the country to her friends, which I thought not proper, thinking her friends would wonder what was the matter. I intended to do it, but not in a hurry. Mrs. Hatchet desired I'd take a post-chaise next day, with pretence to take her to Greenwich, and so take her into the country. When I would not agree to that, then she desired me to leave the girl with her, which I agreed to. That night she gave me the guinea, and said the gentleman gave it her. Said I, And did you take it? She said, He threw it down on the table, and bid me take it. I asked, What answer did she make? She said, She made none, but refused it; and he threw it three times on the table, and bid her take it; and at last said, If that would not do, she should have more. I gave it her again the next day.
Q. What was you in Mr. Lad's house?
A. Box. I had been his housekeeper, tho'at that time I was not, but had leave to stay in the house.
Q. Did not the girl at any time tell you of any rudeness that was committed upon her by the prisoner?
A. Box. Not as I remember. She told me no farther than this. - She was walking in the Park, the gentleman met with her, and they went from thence to the New Inn, on the other side Westminster-bridge; going along, as she had no gloves, the gentleman took her into a shop, and gave her a pair. At the New Inn he had a rabbet for dinner, and he drank to her three times, and they took a coach. I asked if they were coming home; she said she knew she was not coming home. He said, when they came to his lodgings his servant should come home with her. He took her out of the coach, and handed her up into his own room. The servant came home with a letter to him, and went down stairs. He took and undress'd her, taking every thing out of her cloaths, even the buckles out of her shoes; and she cried and sereamed murder very much.
Q. Did not she ask you your advice what was proper to be done on this occasion ?
A. Box. No, she did not, but begged for God's sake her father might not know of it, for he would be the death of her. She asked me for no assistance, only to hide it from her parents.
Q. Do you know one Grissith of Steyning?
A. Box. Yes, I do.
Q. Did you ever write any letter to him, or shew him one?
A. Box. Yes.
Q. In that letter did you mention Mr. Lackey's offering any sum of money for a compromise?
A. Box. Yes.
Q. How much money was he to give for the compromise?
A. Box. I think a hundred, or a hundred and fifty pounds.
Q. Did she not tell you, that after she was in bed she was ravished against her will and consent?
A. Box. She did not mention any thing of it to me. She said, he unpin'd her cloaths, and put her to bed against her will, and after that got into the bed to her; that she cried and screamed out murder, and was so hoarse that she could not speak.
Q. Did she say she cried and scream'd before she was in bed, or after ?
A. Box. I really can't say whether she said it was before or after.
Council. You said he put her into bed against her will.
A. Box. I imagine so; by her talking of screaming and crying, it was so.
Q. Who was this sum of money to have been paid to, for compromising this affair?
A. Box. I really can't say who it was to be paid to. The coachman that was in the house where I lived, was asked by a gentleman where he went, who he last lived with; he told him: the gentleman asked him if he knew any thing of this affair; he said, No. The gentleman told him he heard Mr. Lackey wanted to give so much money to compromise it. This he told me, and I put it into the letter.
Q. Have not you told this to several people?
A. Box. I don't know but that I have.
Q. Was you ever offered any sum of money by any person for your giving evidence on this affair ?
A. Box. No, never in my life.
Council. Nor no promise at all?
A. Box. No.
Council for the Prisoner. When was it that the girl told you of having screamed out? Was that her first story?
A. Box. This was in the afternoon.
Q. When? before or after she had seen Mrs. Hatchet?
A. Box. I am not certain.
Council for the Prisoner. What authority had you to write any letter at all of their offering a hundred, or a hundred and fifty pounds?
A. Box. I don't know that I had any at all.
Council for the Prisoner. Where does that coachman live now?
A. Box. He lives now with the duke of Leeds.
Council for the Prisoner. Was it any body that belong'd to Mr. Lackey?
A. Box. No.
Council for the Prisoner. How came you to write this letter?
A. Box. I wrote it to a friend of mine, that it might come round to the girl's friends, and they might have it.
Council for the Prisoner. Did you ever see Mr. Lackey before?
A. Box. No, I never did in my life. I don't know him.
A. Box. No, nobody.
Council for the Prisoner. Have you any expectation from giving evidence in any shape whatsoever?
A. Box. No, I have not
Council for the Prisoner. Did the prosecutrix, (when she owned she had been in bed with a gentleman that night ) tell you those circumstances of going over the new bridge, and buying a pair of gloves, and then going to his lodgings?
A. Box. She told me all that I have said at that time.
To the Character of Mrs. Cox.
Mr. Hubert. I know Mrs. Cox extremely well, I have lodged at her house four years last past, at times, when I came to town for a month or six weeks together, with my wife and daughter with me.
Q. Do you take it to be a sober house?
Hubert. I certainly did, or I had not suffered my wife and daughter to come there.
Q. How long have you known Mrs. Cox?
Hubert. I have known her I believe five years.
To the Prisoner's Character.
The Earl of Litchfield. I have known Mr. Lackey about twelve years.
Q. What is his general character?
A.. I apprehend him to be a gentleman, and one who has always behaved himself well.
Q. Do you look upon him to be a man of honour?
A. I do.
Q. What is your opinion of him?
A. I always looked upon him as a person of honour, and a well-behaved gentleman.
Sir John Philips . I have known the prisoner a great many years, and I always looked upon him to be a very well-behaved gentleman. I have taken him down into the country to my house, where he has tarried sometimes, and always behaved extremely well.
Q. Do you imagine him capable of commiting the fact laid to his charge?
A. I do not.
The Honourable Robert Lee , Esq; I have known the prisoner about fourteen or fifteen years, and during my acquaintance with him I always looked upon him as a gentleman, and a man of honour and a good-natured man; and as such I have him company.
Sir Crisp Gaycoyne. My acquaintance with the prisoner was throught my son. He has often come to my house with and without my son, and always behaved as a man of honour, and with great decency; and I always esteemed him and behaved him to be a man of honour and character.
Mr. Alderman Blakiston. I have known the prisoner thirteen or fourteen years, and always looked upon him to be a gentleman of as much honour as any I ever knew in my life.
Bamber Gascoyne, Esq; I have known the prisoner ever since I can remember, and I do not think he would do any thing to corrupt a lady morals or virtue.
Q. What are you?
Knight. I am a victualler .
Q. Is the mug here?
Knight. No, it is not.
Tho. Jennings . On the 10th of Dec. Mr. Knight being very ill, his wife sent to me to come and attend the business of the house while she went out to Grosvenor-square for all the day. About 8 at night came in a neighbour, and called for a pint of beer. I set a silver pint mug on the bar, for the boy to fill it.
Q. What boy?
Jennings. He that drew beer in the house, I said
Q. Whose silver mug was it?
Jennings. It was Mr. Knight's mug.
Q. How old is the boy?
Jennings. He is about 13 years of age. The boy took it away from the bar, as if he was going to fill it, but instead of that he gave it to his mother, and drew the beer in a pewter pint.
Q. What is the name of that boy?
Q. How do you know he gave it to his mother?
Jennings. She was in the tap room at the time, and was gone before that was missed. I went there the next morning, but we could hear nothing of it. Some time after that, a little boy, that is here to give evidence, was taken up in the Borough for stealing other things, and he said he could give an account of this mug. We took him before the sitting alderman, and he told us the boy at the bar took it, and gave it to the other person, his mother, and she went away with it. Then we took the two prisoners up, but they both denied it.
Q. Do you know the consequence of telling a lye upon oath?
Q. What will be the consequence, supposing you should swear that which is not truth?
Trotter. If I don't tell the truth I must go to the devil.
Court. Be sure that you tell nothing but what is truth.
Trotter. I was in the prosecutor's house at the time. Mr. Knight was in bed.
Q. What house?
Trotter. It was at the Horns in Thames-street.
Q. Was you a servant there?
Q. How came you there?
Trotter. I was just come from Mr. White, my master, and was waiting for my mother coming from work to me. Mrs. Knight was gone to the other end of the town, and Mr. Jennings was in the house; he went down into the cellar. The boy that is at the bar went to take the silver mug from the bar; he took and rinsed it in the water-tub, and then he gave it to his mother (the woman at the bar).
Q. Did you see this?
Trotter. I did.
Q. Whereabouts in the house was his mother?
Trotter. She was in the middle box on the right hand side. She called me to her, and bid me say nothing of it; and said, she would give me something the next day.
Q. When was this?
Trotter. This was in December last.
Q. How came you to be here to give evidence?
Trotter. I was taken up on the other side the water, about a metal watch, and then I discovered this.
Q. How long is it ago since you discovered this?
Trotter. It is about a month or six weeks ago.
Q. Did you see the woman take the mug away?
Trotter. I saw her go out of the house with it, as soon as Mr. Jennings came up and went into the other room. She called him, and paid him for a pint of beer she had had; then she had the mug under her apron, and went out directly.
John Emmerson's Defence.
I am as innocent of the thing as the child unborn.
I know no more of it than the child unborn.
For the Prisoners.
Q. What is her general character?
Lowing. She is a bold woman in talking, but I never heard she was ever guilty of any robbery.
Q. What was her employment?
Lowing She used to work in the streets with the dust-men formerly.
Both acquitted .
189, 190, 191. (M.) Benjamin Search , John Green , and Samuel Garrett , were indicted for that they in a certain field or open place, near the king's highway, on Thomas Scott did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value 5 l. one bloodstone seal set in silver, value 5 s. and 17 s. and 6 d. in money number'd, his property , March the 6th .
Thomas Scott . On the 6th of March last, between eight and nine in the evening, I went out of my house at Brumpton to shew a man the way into the high-road to Kensington. Returning home, about the middle of shoulder of mutton field (a three corner'd field, not above a hundred yards from the high way, there came three soldiers up to me; the first came up to my side, and gave me a blow on my shoulder, and turn'd me into the ditch; then they all three fell upon me, but as yet there was never a word spoke. I said it was not fair play, and desired them to help me up, and let me know what they wanted, and if I had any thing that they wanted they should have it; then he knock'd me down, clapped his hand to my mouth, and said d - n your soul if you speak a word I'll cut your throat, and at the same time cut me along the side of my face on my cheek with a hanger, which was visible to be seen for several days; one of them pulled my watch from my fob.
Q. What sort of a watch was it?
Scott. It was a silver watch. Another put his hand into my right side pocket, and took out 17 s. and sixpence and a single farthing; then they went away. As soon as they were out of sight I went to Kensington to a public-house, and took a man with me and went to the guard-room, and had the rolls called over; the first regiment were upon duty there. I knew it could not be any of them by their cloaths, for I had taken particular notice of the trimmings of their cloaths, and found they belonged to the second regiment. I went the next morning being Monday to justice Fielding, and made information of the thing, and also to Mr. Legrand in Spring Gardens; the next Saturday Mr. Legrand sent me word to be at his house on the Sunday morning. I went to the Savoy with capt. Devenant, and there I saw all the three prisoners; one of them, I think it was John Green, own'd they had stopped a man at that very time and in that very place but did not know it was me, and that he took a particular half-crown wrap'd up in a piece of paper, which he said he changed at a cook's shop, I think in St. Martin's Court, and that he said was all he had.
Q. Was it light or dark?
Scott. There was snow fell now and then, and it was moonlight.
Q. Could you by that dissinguish any of their faces?
Scott. Not so as I would have sworn to any of them, if they had not own'd it in the Savoy; I should have been very loth to have done it.
Q. Had they any accoutrements about them?
Scott. No, they had regimental cloaths on and but one hanger, and when I saw them in the Savoy they had the same regimentals on.
Q. Did you ever see that half crown again?
Scott. No, I did not; when they were before justice fielding my watch was taken out of Search's pocket.
Search. It was not taken out of my pocket, I delivered it up.
Q. Which do you think it was that knock'd you down ?
Scott. I believe it was Search, but I will not be positive.
Scott. They differ in their pockets.
Nathaniel Hill Stretton. Search delivered this watch to me at justice Fielding's (producing one) and said that was the watch.
Scott. This is the watch I was robbed of that night, my property.
Q. to Stretton. How came you to be at justice Fieldings?
Stretton. I am servant to Mr. Akerman, and I went with the prisoners in order for them to be examined there.
James Benning . I am a serjeant in the Cold-stream regiment to which the three prisoners belonged; there was a letter dated March 9th, signed Fielding, brought to the office belonging to that regiment, setting forth several robberies committed about town by soldiers or persons in soldiers cloathing, and desiring the commanding officers would do their best endeavour to find them out; accordingly my commanding officer gave me orders to do what I could in observing who wore watches, or who had more money than usual; after that my comrade telling me he had a suspicion of William Randall , we went to him and told him he was suspected of several robberies, and if he would impeach it probably might save his life; accordingly he did, before capt. Devenant. I also heard John Green say before the capt. and the prosecutor, he had been importuned by Wm Randall to go upon the highway, and said he was in company with him, Search and Garrett, but he did not lay hands on the prosecutor, neither did he know their intent was to rob him, but that he had half a crown of the money.
Q. How did he describe the prosecutor?
Benning. He said it was a man that they had stopped in the fields between Kensington and Brumpton.
Q. Did he say when?
Benning. I think it was on the 14th or 15th of March that he told me this, but he did not tell me at what time it was done as I can recollect.
Q. Where was this confession made?
Benning. It was in a room in the Savoy; since I have known Green I never knew him brought before a court-martial, or guilty of any ill, but always took him to be an honest man.
Thomas Eaton . I am servant to Mr. Akerman the keeper of Newgate. I went along with the prisoners to justice Fielding, who ordered us to search them. Search pulled out a watch from his waistcoat pocket and delivered it to my fellow servant Stretton; the prosecuter own'd it, but said his seal was not on it. Search said he would deliver the seal to me, and a day or two after that I went up into the goal and he delivered it to me; produced in court and deposed to by the prosecutor to be the same that was on his watch when taken from him.
The watch was brought to me by a woman while I was at justice Fielding's and she is now gone into the country.
I know nothing at all of the affair, I never saw the watch till I saw it before justice Fielding.
I know nothing of the watch, till I saw it delivered by Search at the justice's.
Charles Barrow , Esq; The prisoner Green's father has a considerable estate, to the amount of a hundred a year, in the neighbourhood where I liv'd in Gloucestershire; he was bred an attorney in the city of Gloucester, and behaved so well that recommended him to a gentleman in Doctor's Commons. After that I believe he got acquainted with some women of the town, and inlisted into the guards; during the time that I knew him, he was really very diligent.
Q. What is his general character in private life, when off of duty?
Studd. I never heard any thing amiss of him.
Q. What regiment do you belong to?
Studd. I am in the Coldstream regiment.
Q. Do you know the other prisoners?
Studd. I do; they were men that always behav'd extremely well, and did their duty regularly.
Q. How long have you been in the regiment?
Studd. I have been in the army almost nineteen years; I never knew men do their duty better, till this great misfortune.
Search and Green
Guilty , Death .
Garrett Acq .
( M.) Benjamin Search and John Green were a second time indicted for that they, in companyJohn Edwards , in a certain field or open place, near the king's-highway, on Ann Drew , spinster , did make an assault, putting her in corporal fear and danger of her life, and taking from her person one pair of shoes, value 4 s. one linen apron, value 4 s. three handkerchiefs, value 3 s. three linen caps, value 2 s. one pair of silk gloves, value 2 s. and one pair of lawn sleeves, value 2 s. her property , March 8 .
Ann Drew . On the 8th of March, about five in the afternoon, I and Mr. Ingall set out from the George at Finchley, to come to Red-Lion-street, Holbourn, and when we came to the Long-field we were stop'd by four soldiers; one of them said hold on me and said, if I would not deliver my money they would blow my brains out; the other three went to Mr. Ingall I had a bundle in my hand, which I was unwilling to give them; but he saying he would blow my brains out if I did not, I delivered it. While I had my hand in my pocket to give them my money, Mr. Ingall came to me, and away they all four ran.
Q. What was in the bundle?
A. Drew. A pair of shoes, a pair of russles, a pair of sleeves, three handkerchiefs, three caps, a lawn apron, and a pair of gloves, all my property.
Q. What are you?
A. Drew. I am a mantua-maker.
Q. Do you know the prisoners at the bar?
A. Drew. I do not.
Q. Did you ever see your things again?
A. Drew. I have; the serjeant has got them.
Produced in court. all but the shoes.
Q. Look at these things, do you know them?
A. Drew. They are my property; the same I lost at that time.
John Ingall . I was coming along with the prosecutrix from Finchley; in the fields there came four soldiers up to us. I had my gun on my arm. They swore if I did not give it to them, they would knock me down. They laid hold on it. Then they bid me deliver my money. While I was shuffling with them, one of them got his hand into my pocket, and took out my watch and money.
Q. Did you see them take any thing from the prosecutrix?
Ingall. They took a bundle of cloaths from her.
Q. Can you take upon you to say any thing, with respect to any of the prisoners at the bar?
Ingall. I think I remember something of Green. He gave me a push, and I had like to have sell into a ditch; but it being dark I cannot be positive.
William Randall . I and the three prisoners at the bar met the prosecutrix and this last witness in Pancras-fields; on this side Pancras I attacked her, and the three prisoners attack'd the gentleman.
Q. Was there any agreement with you before this?
Randall. There was. I took her bundle from her
Q. What did you say to her?
Randall. I don't know whether I spoke to her or not, only asked her for her bundle.
Q. How far were you, at that time, from the three prisoners?
Randall. We were close together. After we had got his gun, watch and buckles, and her bundle, we all ran away over the fields homewards. We came into London from towards Marybone way, but I can't say the name of the street; I parted with them, and went to my quarters. The next day we all found one another. Green sold the shoes in Thieving lane for a shilling.
Q. How came he by them out of the bundle that you took?
Randall. I carried them to him the next morning, and kept the other things in my quarters, and when I was before Mr. Fielding I told them they were in my knap lack, hanging up against the wall.
Q. Where did you meet before you set out that night?
Randall. We met at the Plumb of Feathers in Charles's-Court, by Hungerford-Market, and from thence set out all together.
Q. from Green. Whether he did not tell me these were a pair of shoes he had of a maid he had lain with all night, and she gave them him to sell to get him money for a breakfast ?
Randall. I did not tell him any such thing; he knew I took them from the woman, and asked me what was in the handkerchief. I did not open it, but they felt about it, and found there was a pair of shoes.
Q. Was you ever in this court before?
Randall. No, never.
Q. Was not you once concerned in a robbery near Turnham Green. about four years ago, and admitted an evidence?
Randall. I impeached two men, but they never were taken.
James Benning . When I went to the house where Randall was quarter'd, his landlord and I search'd his knap sack, that hung against a wall in his room; we found in it the things produced here, which the prosecutrix has sworn to.
I know nothing at all of it.
I never was out of town with the evidence in my life; he told me he had the shoes of a girl.
I never was out of town with Randall, except at Kensington upon guard, in my life.
All three guilty , Death .
(M.) Samuel Garrett and Benjamin Search were a third time indicted for that they, on the king's-highway, on Joseph Ellis , did make an assault, putting him in corporal fear and danger of his life, and taking from his person one silver watch, value 3 l. one half guinea, and 1 s. and 6 d. in money number'd, his property , Feb. 9 .
Joseph Ellis . On Wednesday evening, betwixt seven and eight o'clock, the 9th of February, I was in a lane call'd Robinson's-lane, Chelsea , near the King's private road, going to the duke of Marlborough's house; there came three men up to me and asked me what I had on my back. I said corn.
Q. Did you observe how they were dressed?
Ellis. They were in soldiers cloaths. I past them. One of them turn'd again, and said if I made any resistance they would run me through, and began to rifle my pockets. The others were close by, one behind and the other before me; but neither of them did any thing to me.
Q. What did that person take from you?
Ellis. He took a silver watch, a half guinea in gold, and one shilling and six-pence; after which they all made off as fast as possible.
Q. Do you know either of the prisoners?
Ellis. I can't swear to any of their faces.
Q. How came you to take them up?
Ellis. I heard of them by justice Fielding; I went there, and they were accused of it by the evidence.
Q. What did they say for themselves there?
Ellis. They neither own'd nor denied it.
Q. What was your business there ?
Randall. We went there with an intent to rob.
Q. Where did you set out from?
Randall. From my own quarters in John Street, Golden Square. When the prosecutor told me he was rob'd in those fields, I remember'd we were the people that rob'd him.
Q. Which of you stop'd him?
Randall. It might be me that put my hand to his shoulder.
Q. Who took the things from him ?
Randall. Search took the watch and I his money.
Q. Which of you took hold of him first ?
Randall. I don't know.
Q. What is become of the watch ?
Randall. It is here now. Produced in court, and deposed to by the prosecutor.
Q. What money was taken from the prosecutor?
Randall. There was half a guinea in gold. and one shilling and six pence. We sold the watch to Mr. Studd the serjeant for 25 s. and a pair of breeches.
Q. Who sold it?
Randall. Search and I did.
Q. What had Garrett for his share?
Randall. I don't know, but he had either 6 d. or 9 d. out of the money.
Q. What pretence did you make to him of your having it?
Randall. I told him it was my own, and that it was in pawn. Search and I went to meet Garrett as he came off his guard from the Hampton-Court party, but we had made the money away which was to be his share, and he was very angry with us.
Thomas Studd . William Randall told me he had a watch in pawn, and it was a familiar friend's, and that Samuel Garrett had pawn'd it before he deserted; he wanted me to buy it, and I knowing he for the generality wore a watch in his pocket, when Garrett was taken up as a deserter, then I told Randall now he'll be brought to a court-martial, and you'll have your watch again that he has pawn'd; he said he'd not say any thing abo ut it, for he'd get it out of pawn as he could; about two months after that time he brought it to me.
Q. What day did he bring it to you?
Studd. He brought it to me on the 10th of Feb. I really took him to be a very honest man. I bought it of him for 25 s. and a pair of breeches, which I deliver'd, and was to deliver him also another pair.
Q. Did the prisoners own to any thing before the justice when they were accused ?
I never saw the watch in my life, I neither pawn'd it or took it out.
I know nothing at all of it.
Q. to prosecutor. What value do you set upon the watch?
Prosecutor. It is worth two guineas.
Both Acquitted .
192. (M.) John Gaul was indicted for that he, in a certain field and open place near the king's highway, on James Wright did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one pair of silver buckles, value 8 s. one hat, value 1 s. and 3 s. in money number'd, the property of the said James , January 23 .
James Wright . I was coming home by Pancras , and was stop'd by two men on Sunday night between five and six o'clock, about twelve weeks ago; one of them went to stop me, and I ran away from him; the other then appear'd and threw me down, and kneel'd on my stomach; I could perceive he was in soldiers cloaths, but it was so dark, that I can't swear to the men. He took from me 3 s. and a key, my silver buckles and my hat; one of them said we have got your key, that will be of no use to us. I said gentlemen it is to me, and I hope you'll let me have it again; then one of them put it in my pocket again.
Q. Did you ever see any of your other things since?
Wright. No, I have not.
Q. Did they say any thing to you when you was down ?
Wright. He that threw me down pull'd a hanger out of his bosom, and said, D - n you, the least resistance your life; they were both together then, and after they had rob'd me they said, D - n you, if you follow us, your life still.
Q. How came you to take them up?
Wright. The Monday morning after I was rob'd I went to justice Fielding's, and told him the case, and he gave me a paper to go and put it in the news, and after the prisoner and Randall were taken up I was order'd to go to justice Fielding's, where Randall was examined, and the justice order'd me to prosecute.
Q. Did the prisoner make any confession?
Wright. No, not as I know of.
Q. How long ago?
Randall. I can't justly say, it may be about three months, it was a very dark foggy evening, between five and six o'clock I believe.
Q. Are you sure the prosecutor is the man?
Randall. I look'd in his face, he seem'd to be a very fresh colour'd man. Gaul went to stop him first, he ran away from him, and I ran and laid hold on him, and threw him down. Gaul came up directly. I took 3 s. out of his pocket, and his hat and buckles; there was a key, which I put in his pocket again, as he was on the ground.
Q. What did the prisoner do?
Randall. He stood close by me with his hanger drawn, and said he'd cut his head in two if he made any resistance.
Q. What did you do with the buckles?
Randall. We sold them almost by Westminster-Bridge the next morning, and we sold the hat to an old cloaths woman.
Q. When was you taken up?
Randall. Six weeks ago next Saturday, and the prisoner was the same night, upon my information.
Q. How long was this before you was taken up?
Randall. I can't justly tell.
Q. to prosecutor. What sort of a night was it when you were rob'd?
Prosecutor. It was a very foggy night, there has not been it's like this year.
Q. When the prisoner stood over you did you hear any body say they would cut your head in two?
Prosecutor. They did say some words, but in my fright I cannot say what.
Q. Could you distinguish either of their voices?
Prosecutor. No, I could not so as to know them, not their faces neither.
Q. to Randall. How long have you known the prisoner?
Randall. Ever since I have been a soldier.
Q. Has he always had the impediment in his speech he has now? He stammer'd very much.
Randall. Not quite so much when I first knew him, but he always had an impediment in his speech.
I know nothing at all of it.
Prosecutor. No, I only heard Randall say he and another did it.
193, 194, 195. (M.) Richard Mathews , Thomas Riley , and Thomas Day , were indicted, the two first for stealing 300 pound weight of lead, value 30 s. the same being fixed to a dwelling house , the property of Ralph Fresselieque , and the latter for receiveing 120 pound weight, part of the same, well knowing it to have been stolen , April 7 .
Ralph Fresselieque . Justice Fielding sent for me and acquainted me that there had been some thieves taken up that had rob'd two houses that were reputed to be mine. I told him they were but nominally mine. I have agreed for them, but they are not convey'd me. He asked who the gentleman was that I had agreed with, I told him he liv'd in Gloucestershire, then he said I ought to prosecute.
Q. How far have you agreed about them?
Fresselieque. I have all the title deeds, but there is a dispute, the wife will not join in it.
Q. Are you in possession?
Fresselieque. I think I may say I am, I have had the houses repaired, and I have paid the workmen's bills; the agreement says I shall have the houses from the 10th of October last, but in case he neglected or refused making a good title before the 10th of October, he was to pay all expences that I should be at, and the agreement to be void.
Q. What had he used to give you for lead?
Newcome. At the rate of 8 s. per hundred weight; the first time I went to him he sent his man with me to Mr. Morris's house.
Q. Did Day know how you came by it?
Newcome. He did, we used to go about to get iron pallisades, he made a wrenching tool on purpose for us to take them off, and used to supply us with a great sledge hammer when we wanted it, or a chissel; and what he could not work up, he used to sell to other smiths.
Q. How do you know that?
Newcome. I have sat there to wait for my money, and seen smiths come to buy.
Q. Was Mathews concerned with you in such practices?
Newcome. He was about three months. He was caught with me in the same fact.
Q. How many times have you been an evidence in this place ?
Newcome. Never before.
Q. In what room did you sell it?
Newcome. I used to sell it in a cellar.
John Morris . Some time ago a man came to me and ask'd me if I bought lead. I said I did, if honestly come by. He said what he had he came by very honestly, and that he was a smith and liv'd near Drury-lane. I bought some for 14 s. per cwt. He sent it by his man.
Q. Do you know that man again?
Morris. To the best of my knowledge it was the prisoner Day. He said he had more to sell if I would buy it. When the lead came to be melted my man told me there was a good deal of waste in it, and as I can buy clean lead for that price I bid my man not buy any more if he brought it, without he allows for waste. After that my man bought half a hundred weight of him, at 13 s. per hundred. The last time I bought any of him I was at home myself, and told him I did not want any more; but if I did I said I would send to him. I had no suspicion of him then.
Q. Did you ever see Newcome at your house?
Morris. I can't recollect him. There was a man with the smith the first time of his coming; the smith I remember told me it was his man, I think he had a great coat on.
Q. Was the last lead that was brought, brought by that man?
Morris. No, it was another man.
Richard Parry . I am a constable belonging to St. James's parish; between the hours of one and two a watchman came and told me there were thieves broke into a house in Angel-court, Windmill-street. I took the lanthorn bearer with me, and found three or four watchmen round the house. I saw a bar was wrenched off a window, so sent a watchman down, and desired another to follow him. The thieves hearing them, made haste down stairs. Newcome came to the fore door and pull'd back the lock, and came out, and I seized him and search'd his pockets, but found nothing but a cord, which I secured him with. Then I ask'd him whether there were any more thieves in the house; he said there was but one man more, and he was some where in the house.
Prosecutor. It is the corner of Angel court, the same that the constable speaks of.
Parry. I went into the house, and could not find him; I went out backwards, and found the vault was shut; I took hold of it and found it fast, so put my staff to it, when Mathews said, Sir, don't break the door, I'll come out to you; so he came out, I pinion'd him with a handkerchief, and took him to that Round-house, and carry'd Newcome to St. Martin's Round-house; going along Newcome told me they had been guilty of several robberies, and at the same time that there was one Riley in Rupert-street, in a cellar, that used to go with him for some months past. I went there and took him. Then Newcome told me that one Day, in the Coal-yard, Drury-lane, a smith, was a receiver of the goods they had stolen, that he had a trap door to his cellar, and that when they came there any time in the night, they could throw their burden against it, and it would open inwards, so that the burden would fall into the cellar, and the door would clasp to again. Then we went and took Day.
Q. Did you examine to see if there was such a trap door?
Parry. I did, and found one as he had described. It was a piece of board nailed to the window with leather to give way, and it would answer the purpose just as he said. (A bar of iron produced in court.) This I found at Newcome's lodgings according to his direction. This Newcome told me Day made for them, to wrench off iron rails or palisades (he also produced a large hammer.) I said to Mathews do you know one Riley. He said yes, he had been acquainted with him five or six years. Riley said the same, of knowing Mathews.
I never stole a bit of lead in my life. I was fuddled, and did not know where I was got when I was in the vault.
I never had no concern with the fellow (meaning Newcome.)
Q. to Constable. Was Mathews sober or fuddled when you found him?
Constable. He was sober.
Q. What is his general character?
Carrier. I look upon him to be as honest a man as ever I employed in my life, as good a workman as i'd with to employ, and as industrious as any man in England; there is no body keeps better hours, he has had three or four men frequently at work for him, I never saw him fuddled, he is constantly employ'd, and I have work at his shop now.
Q. How near to him do you live?
Carrier. My window is opposite him; that trap door has been there these eight years to my certain knowledge.
Q. How long has Day lived there?
Carrier. He has lived there about a year and a half, or two years.
Mr. Johnson. I lived at the end of Hatton-Garden, and am a master coach-maker, I have known Day three years, he works for me in the carriage way; I take him to be as industrious a man as ever broke a bit of bread. I have known this trap-door above five years.
John Ward . I live at the Two Sugar Loaves, at the end of Thomas's street, Drury lane. I have known Day five years, he was tenant to me three years and upwards. I always look'd upon him to be a very honest sober man, that work'd hard to maintain his family and pay every body their due. I never suspected any such thing of him as is laid to his charge, and I never knew him keep any but goods hours.
Q. What are you?
Smith. I am a house keeper.
Q. What is your business?
Smith. I am a chimney-sweeper.
Q. What is Day's general character?
Smith. He is a very honest hard working man.
Q. What are you?
Q. What is his general character?
Rabit. He is a very honest hard working man.
- Firgiser. I live in the Coal yard, am a hackney coachman; I have known him upwards of three years, he is a very hard working honest man.
Q. to constable. When did Newcome make the discovery to you of this accomplice Day?
Constable. Between the hours of one and two in the morning, when we took him.
Court. Repeat what he said about selling of lead.
Constable. He said he had sold lead at several times to this Day, and Day had sold it again to Morris for 13 s. and 14 s. per hundred; this was all said to me betwixt the hours of one and two.
Q. to Newcome. Describe the trap door.
Newcome. There is a slap to it fastened with leather, so that when we shruit in our bars or lead it opened and sell to again.
Q. to Constable. Has he described it as you found it?
Constable. It is as he has said.
Newcome. I here was a window there before, and he put his piece of wood on because he would not get up on nights when we came, and he was a that the neighbours should hear us knock at the door; he bid us always go up the stable yard, where there is a dunghill, and put the things there where he was knocked up, till he contrived that door to give way and fall to again.
Q. to Hatrick. As you are the landlord do you know when that board was put there as it is?
Hatrick. No, I do not.
All three guilty .
196 (M.) Peter Huck was indicted for that he, on the 31st of March , about the hour of three in the morning, on the same day, the dwelling house of Judith Gatehouse , spinster , did break and enter, and steal three pieces of cheque, value 4 l. 19 s. two pieces of printed linen, value 19 s. two pieces of dawn, value 16 s. ten linen handkerchiefs, value 5 s. thirty six silk and cotton handkerchiefs, value 3 l. 10 s. and twenty four silk handkerchiefs, value 5 l the goods of the said Judith, in her dwelling house .
Judith Gatehouse . I live in White Chapple, almost facing Red-Lion-street , and am a single woman. on the 31st of March last, in the morning about three o'clock, I was alarm'd by a loud knocking at my door. I got up, threw up my sash, and call'd to a lodger that lay in a two-pair of stairs room backwards to get up. We went down stairs. When I got into my shop I found the counter slap open, and the counter about a quarter empty. It was full of goods when I went to bed. I shut the counter down about eight o'clock.
Q. Give an account of the goods you missed, and their value.
J. Gatehouse. There were three pieces of cheque, value about 5 l. two pieces of printed linen, value about 19 s. two pieces of lawn, value about 16 s. ten linen handkerchiefs, value 5 s. thirty six silk and cotton handkerchiefs, value about 3 l. 10 s. and two dozen of silk handkerchiefs, value 5 l. I opened the door. Three men were waiting for us. The cellar window, that leads to the inside of the counter, was broke open, and the wainscot between the window and counter was broke also; so that a man might pass through.
Q. How was the cellar window fasten'd before you went to bed ?
J. Gatehouse. There was an iron bar cross the door, and a large padlock on it; the cellar is under my shop.
Q. Do you rent the whole house ?
J. Gatehouse. I do; there is a trap door to the cellar window, that people in the street tread upon, and the door opens first before that can be taken up, and when that flap is open there are steps down into the cellar.
Q. Did you observe that to be fast the over night?
J. Gatehouse. I can't say I did; but I know it was, because it being in the high street, if the lock had been off, the bar would have tumbled down.
Q. Was the outward door broke?
J. Gatehouse. The lock was wrench'd off, and flung away.
Q. How came you to have any suspicion of the prisoner ?
J. Gatehouse. He was taken in the cellar, and brought out to me.
Q. Where were the goods?
J. Gatehouse. They were all found in the cellar likewise.
Q. What time did you go to bed the over night?
Q. Where is Abel's-Buildings?
J. Gatehouse. It goes into Rag-Fair; there was also found in the cellar an iron instrument, with which I suppose the door was open'd. (Produced in court an iron with two strong forks, and an iron tooth about eight or nine inches long, on one side.)
Q. How do you know that the padlock was thrown away?
J. Gatehouse. Because we could not find it.
Q. How do you know he was taken in the cellar?
J. Gatehouse. Because I was at the street door when he was brought out to me.
Q. Is there a way out of your shop into the cellar?
J. Gatehouse. No; there is none without going out at the street door, except you break a door that has been fastened up some years.
Q. Is it not possible for a man in the street to tread on the door, and fall into the cellar?
J. Gatehouse. No, he cannot.
Q. What use do you put the cellar to?
J. Gatehouse. To no use at all. I can take my oath the door has not been opened but once these three years. (The goods produced in court, and deposed to:)
William Cooper . I am a paviour's labourer, I and Richard Rawlins were going to work on London-Bridge, between three and four o'clock, on the 31st of March; we saw the prosecutrix's cellar window open four or five inches, and the iron instrument by the slap of the door. My master went to call the watch, and I staid by the door till the watchman came.
Q. Did any body go in while you stood there ?
Cooper. No; I clap'd my back against it. We call'd up the people of the house, and the prosecutrix came down to the door. Then my master and the watchman went into the cellar with a candle; I look'd down and saw a man lying upon the stairs under the door as if he was asleep, and the goods in a sack in the cellar by him. They pull'd him up out of the cellar. We carried him and the goods before the justice, and did not take the goods out of the sack till we came there.
Q. Do you know that man if you should see him?
Cooper. It was the prisoner at the bar.
Q. Was the prisoner in his senses?
Cooper. He could not speak.
Q. to prosecutrix. Did you look at the goods before the justice?
Prosecutrix I did; these are the same.
Richard Rawlins . I am a paviour. I was with Cooper on the 31st of March going by the prosecutrix's house. I observ'd her cellar door open about six inches. I stoop'd down and took up this iron instrument, which lay on the flap of the door. The iron bar was laid up carefully against the wall of the next house, as it somebody had open'd it that belong'd to it. I shut it to. I left my man there, and went up to the watch-house, and brought Ellick Pearson a watchman. We alarm'd the house, and the prosecutrix came down. We found a flap that open'd into the shop, and bolted with two bolts, was broke open. The watchman went down into the cellar, and I followed him, and saw the prisoner lying on his face, just by the foot of the stairs; there were some pieces of handkerchiefs lying out of the sack, and the sack about a yard from him, with the rest of the goods in it. This is the sack (taking it in his hand.) We brought him up into the house, and the sack with the things in it. He wrote in the shop that he had lost his speech four years ago, that coming by and hearing a noise he fell into the cellar. We took him before the justice, and there he wrote that he was going to look after a captain, and coming by the door he heard a noise; he crossed the way, and there were two men; one pull'd up the flap, and the other open'd the door, and he fell down into the cellar. But I pull'd up the flap in order to get him out, it had not been open'd before.
Q. In what condition did he seem to be?
Rawlins. He seem'd to be quite sensible; he could hear any thing as quick as I could.
Q. Do you think the prisoner was able to have got out of the cellar with the goods, had you not open'd the flap?
Rawlins. I think he was. I brought out the goods; they were about half a hundred weight.
Q. Was it possible for a man to tumble in there ?
Rawlins. No, a child could hardly tumble down there.
Q. Suppose a man was to cross from the opposite side of the street, might not he fall down there, by making a safe step?
Rawlins. There was a lamp just by it.
Q. Could a man get out of that cellar with a bundle on his back?
The prisoner's defence, which he wrote on paper, and delivered to the court:
What observation I made on the witness is, they are very different from one another, but I am not acquainted with the laws of this nation; I hope my Lord and gentlemen of the jury will consider it is impossible for me to answer in such a short time, therefore I hope, when I have called several gentlemen, which are in court, to justify my character, you will find it is good, and I hope you will inquire into the character of my witnesses.
To his Character.
Q. What is he?
Smith. He prosessed to be a surgeon, ever since I knew him. I knew him some years before he lost his speech.
Q. How did he lose it?
Smith. He let me know by writing, that he lost it by a fit.
Q. Is he subject to sits?
Smith. I can't tell that he is; I believe him to be an honest man. I never heard to the contrary till this affair happened.
Q. Do you know the occasion of his being out on the 30th of March?
Smith. He was at my house that afternoon. I once recommended him to a captain of a ship, to cure him of the venereal disease.
Q. How long has he lost his speech?
Price. I believe it is about three or four years ago. He has work'd for me ever since he has lost his speech, till within these three or four months.
Gebriel Pomear. I am a silver-smith. and live at Bethnel-Green. I have known the prisoner about ten years. He has a very good character. He was a baker, and I used to buy bread of him.
Mr. Benney. I have known him about nine years. I never heard to the contrary, but that his character was very good; I have trusted him in my house, and never missed any thing.
Guilty , Death .
197, 198. (M.) John Maclary and Michael Sullivan were indicted, for that they being subjects to the crown of Great-Britain, on the 1st of June, in the 28th year of his present majesty , did unlawfully and feloniously procure William Maxwell to inlist and enter himself to serve the king of Purssia, he being a foreign prince, as a soldier, without leave and licence from our lord the king, under the sign manual, &c. and that they did afterwards retain him, with an intent to cause him to inlist and enter himself to serve a foreign prince. to wit, the king of Prussia, without leave or licence. It was also laid, for that they, on the first of June, did procure William Maxwell to embark on board a certain ship, in order to inlist and serve the king of Prussia as a soldier .
William Maxwell . I am now a soldier in my lord Robert Manners 's regiment; the first acquaintance I had with the prisoners was in the year 1754. in April. I accidentally happened to come in company with Sullivan at the White Bear in Princes-street, Clare-market. After having been in his company often till the middle of May, I did not see him till March 1755. Then he call'd at the same house, inquiring for me They directed him to me at the Sugar Loaf, Great Queen street, Lincoln's-Inn-Fields. Then he told me there was a countryman of mine, born in the same town that I was, would be glad to drink a tankard of beer with me, and brought John Maclary with him. About the 25th of May, 1755, he desir'd me to come to the house of one Saunders, at the Black Lion, White Hart Yard, Drury lane, to dineJohn Gleed , that was in that action, to be sent upon a foraging party, consisting of 12 men and an officer; there we made our escape, thirty of us escaped from that place. I believe I had upwards of a thousand miles to march to Ollend; there were three of us Englishmen as they call'd us, one was Irish, one English and I was Scotch We got to Dover the 29th of Nov. where we were obliged to inlist into my lord Manners's regiment, where I now am. When I came to London, I went to several houses which I knew the prisoners frequented, and found it all to no purpose. At last I went to the house of Mr. Saunders, at the Black Lion. White Hart Yard. I asked him if he had seen them lately, he said he had not. I said you are ignorant of the injury these men have done me, and told him how they had serv'd me. Then he told me where he thought I might find Sullivan, and I went and found him accordingly.
Q. Do you know whether they had any thing for you where they left you?
Maxwell. John Maclary told me that very day I was told, laughing, he believ'd he should get about 20 guineas for me.
Q. Where was Sullivan at that time?
Maxwell. He was by then.
Q. from Sullivan. Did not you receive some money from me?
Maxwell. I never received any from Sullivan, only one shilling at Mr. Saunders's house, and sixpence at Hamburgh.
Q. from Sullivan. Did not I buy you some cloaths?
Maxwell. No, you did not.
Roger Saunders . I keep the Black Lion alehouse in White Hart Yard; the two prisoners used my house about two years ago along with Maxwell; the prisoners pretended to deal to Holland, they used to drop in, and sometimes lodge there, and away again. Maxwell lay there about two or three nights. After they were gone from my house about three weeks, I received a letter from Maclary from Holland, which I have look'd for, but cannot find; it mention'd he had an opportunity of going over sooner than he expected. About three months after that they came to my house again, and the first question my wife asked them was, what have you done with the young man that went along with you?
Q. Was you present?
Saunders. I was. Said Maclary, he likes the country very well, and is very well settled there. I never saw Maxwell after that till some time in January last, about the latter end of which month he came and told me the hardship he had undergone after he went from my house.
Q. Did he tell you the same he has here?
Saunders. He did; I believe I have heard him tell it ten times, and he never varied. He desired my assistance to find out the two prisoners. I said, I did not in the least doubt finding them. While we were speaking one Mr. Scot told us where to find Sullivan, which was at the Rising-Sun, near Lincoln's-Inn fields, by the duke of Newcastle's. I went there and found him; he was a helper in the house. I said I was glad to see him, and ordered him to draw a pint of purl, which he did. While I was drinking it I said, pray when did you see Mr. Maclary. He gave me directions where to find him. Then I went to Maxwell, and we went to a house somewhere in East-Smithfield, by the Maypole; there we met with Maclary, who seem'd not to know Maxwell. We took him in hold and carried him before justice Wright, and he committed him. Then we went and took Sullivan, and he seem'd to make as if he did not know Maxwell too. He was committed also.
Q. Who paid the expence at your house?
Saunders. I did not look to Maxwell for any thing; they paid me. Maclary oweth me money now.
Maxwell dined there one Sunday, and paid sixpence for his dinner; we never inlisted him, or gave him any money. At the time of our acquaintance with him, he went to Holland, on his own account, as business was very slack here. If we did do it, the king of Prussia is in alliance with us, and
Both guilty , Death .
There was another indictment against Maclary for an offence of the same nature, in procuring John Gleed to enter himself into the king of Prussia's service as a soldier; but, being capitally convicted, he was not tried upon that.
Geo Wilson . I am a cooper in St. Paul's Shadwell. On the 23d of February last I was at dinner at the White-Lion-Tavern, Cornhill, where I was informed that the prisoner had sold some iron hoops to one William Adams , who lives at the top of New-Gravel-Lane, and that there was another bundle to be bought, but Mr. Parr, to whom they were offer'd, would not buy them till he had informed some of the coopers in that neighbourhood, to know whether they missed any or not; upon that I and three others went down to Mr. Adams's and bought that bundle of hoops he had in his possession.
Q. What did you give him for them?
Wilson. I gave at the rate of 2d per lb.
Q. What weight did you buy of him?
Wilson. One 100 and 15 lb. (produced in court.)
Q. Do you think these were yours before?
Wilson. I can swear they were my hoops and stolen out of my yard; we took up the prisoner and he confessed he stole them out of my yard before justice Bury and justice Scot.
Q. Had the prisoner access to your yard?
Wilson. He had free access there.
Q. What were the words he made use of?
Wilson. He said he took them out of my yard, from the place where I used to lay them.
Q. Was that confession taken in writing?
Wilson. It was, I saw him sign it.
Q. Was it done freely of his own accord, without any threatening or promises?
Wilson. It was.
Q. Did you see the justices both sign it?
Wilson. I did.
It was read in court.
Middlesex, to wit,
Feb. 24, 1757.
Prisoner. I don't know whether I signed it or not, I was so drunk.
Q. to prosecutor. Was the prisoner drunk or sober when he sign'd it?
Prosecutor. He was sober.
Q. Where is Adams?
Prosecutor. He has made off.
Richard Parr . I am a cooper, I had an occasion for some old hoops, and went to Adams's some time before last Christmas, and bought some; he shew'd me some new ones. I mistrusted they were not honestly come by, so I informed Mr. Wilson of the affair, and he, I, and others went to Adams's together, and bought these here produced of Adams.
Q. to prosecutor. Have you got any more of your hoops again, besides these produced?
Prosecutor. No, I have found no more.
I never was before a justice in my life before, and I did not know what I did.
Q. Where do you live?
Q. Have not other soap boilers the same sort of soap as this?
Russel. There are but three of us in England that make this sort, and we can know it as easily as any thing in the world.
Q. Where do the other two live?
Russel. One lives in Thames-street, the other at Windsor.
Geo Russel . I am son to the prosecutor, the prisoner was a weekly servant to my father; on the 9th of March he staid in the shop till all the other servants were gone out, and after that he went into the warehouse where the soap was, and took this and put it into his pocket, and made towards the door.
Q. Did you see him do this?
Geo Russel . I waited for him, and just as he came to the door I stop'd him, and asked him what he had got there, he said a bit of soap for his mother. I stop'd and charg'd a constable with him, and sent him to Bridewell. I saw the soap taken from him.
Q. Do you know whether he did not intend to pay you for these goods?
Russel. If he had intended to have paid me for them, he would have offered to pay me, but he did not.
Q. Did you watch him?
Russel. I did, because we had lost soap before, and I suspected it must be people in the house that made away with it.
James Norman . I am headborough; I was sent for that evening, about seven o'clock, to the prose cutor's house, to take charge of the prisoner; there was the last evidence along with me. I search'd the prisoner, and found two pieces of soap in his pocket, and another in his apron.
Q. to prosecutor What is the value of it?
Prosecutor. I have laid it at 2 s. value, but it is worth more.
I had that bit in my apron, but I did not know of that in my pocket.
To his Character.
Q. What is his general character?
Romley. It is a very good one; I never heard any thing amiss of him. He liv'd by the Black Dog in Morefields. He is a bricklayer, and works hard to maintain his mother.
William Sinderby . I have known him near two years; I never knew him to do any thing amiss, or his character call'd in question before this. He was just in all his dealings in all places, as far as I have heard.
Guilty, 10 d .
202. (M.) Mary Barter , otherwise Jones , was indicted for that she on the 23d of April, in the 25th year of his present majesty, did privately steal one knit purse, value 3 d and 6 s. and 6 d. in money number'd, from the person of William Pasmore , his property, and on the 28th of July, in the 26th year, &c. was in due course of law tried, and capitally convicted for the same at Exeter, and that at the gaol delivery there, on Friday the 23d of March following, she received his majesty's mercy, on condition of being transported for the term of fourteen years, after which she was seen at large in the county of Middlesex.
Edward Manley . I am keeper of his majesty's gaol of Exeter; I remember the prisoner being put under my care there, and I saw her take her trial at the summer assizes 1753, and had sentence of death passed upon her.
Q. Is she the same person that was tried, which that record now read mentions?
Manley. She is the same person.
Q. Did she plead his majesty's pardon afterwards?
Manley. I was by and saw her when she pleaded it, and heard her ordered for transportation for fourteen years. On the May following I took her to Biddeford, and put her on board a vessel with thirteen others, in order for transportation.
James Banti (being a foreigner and could not speak English, an interpreter was sworn.) I saw the prisoner at the Bavarian ambassador's chapel, in Golden Square, in February last, when I lost my watch.
(See her trial in last sessions paper.)
This is all owing to Walker and his wife that were tried here; they sent a letter down to Exeter and said I was the person, but I am not.
Guilty , Death .
Samuel Jervis . I am one of the churchwardens of the parish of St. Sepulchre. On Sunday the 27th of February there was taken out of the church of St. Sepulchre a silk damask curtain, belonging to the sides-mens pew, and twelve inches of goldJohn Appleton came and told me he believ'd he could help me to the curtain. I appointed to meet him the next day at twelve o'clock at Westminster with two of the overseers. We went to justice Manley and got a warrant to apprehend the prisoner, and a search warrant to search for the curtain. We were informed it was pawned. We soon apprehended the prisoner. I kept her at an alehouse while the overseers and constable went to the pawnbroker's.
Q. What are their names who went to search?
John Sharp . I live upon Snow Hill, I am one of the overseers. On the 3d of March the churchwarden call'd upon me, and told me he had an information where the curtain was; we went to Westminster together to Mr Appleton, who gave the information; he told us he could find the person presently that had the curtain. Then we went to the justice and got two warrants. I took the other curtain along with me, in order to compare it if I found it. We went to the pawnbroker's and shew'd her it, and she said she had the fellow to it.
Q. What is the pawnbroker's name?
Q. What are you?
S. Maschal. I am the sexton's wife of the parish of St. Sepulchre's. This curtain was lost on the 27th of Feb. after the evening service.
Q. When was it you put them up?
Q. What are you?
Appleton. I am a bricklayer; she wanted a little boy of mine to go and pawn it, and I heard no more of it till Wednesday, when in the afternoon I saw it advertised; then I went and told Mr. Jervis of it, who came to me, and I shew'd him the prisoner. He took her up, and I staid with him and the prisoner while the other men went and brought the curtain.
Mary Undershagen . I live in Strutton Ground. On Monday about one o'clock, on the 28th of Feb. the prisoner came to my shop and brought a piece of crimson silk, which had been a curtain. I asked her whose it was; she said she was recommended to me because I would keep it clean, and said her husband had it in order to make a waistcoat. I lent her 18 d upon it. I never saw her in my life before or since till she was taken up. On the Thursday the overseer came to my house, and ask'd me if I had no prayer books, I said no; then he ask'd me if I had any crimson velvet or gold lace, I said no; then he took a search warrant out, and laid it on the counter. I said, gentlemen, I perceive you have been rob'd, if it is any thing in my possession I'll deliver it to you; he said he would not trust to that, he would search; I said and welcome Then he shew'd me the other curtain which he had in his bosom. I said I had the fellow to it. I shew'd it him, he ask'd me where the fringes and bindings were, and I said it was as I took it in: he ask'd where the person was that brought it, I said I should know her was I to see her; when I saw her, I said that was the person, it was the prisoner at the bar.
Bright Wilmot. I was the constable, and took the prisoner up in St. Ann's lane, I have known her six or seven months. I was at the pawnbroker's and saw the curtain deliver'd.
I was going along St. James's park with a shirt that I had to wash for a man, and saw something roll'd up before me; a man came behind me, who saw it; he ran and I ran, but he gather'd it up. I said halves, so he went home with me to my house, and let me have it, which was this curtain.
Guilty , Death .
204. (L.) John Mungotroid was indicted for stealing four ounces of thread, value 4 s. five ounces of sewing silk, 3038 yards of linen tape, 175 yards of quality binding. 96 yards of silk ribbon, 54 metal shirt sleeve buttons, 200 of needles, 2 pound of pins, 2 pounds weight of worsted, half a dozen of wax necklaces, and 6 bonnets, all to the amount of 7 l. 14 s. the goods of Henry Pine , Jan. 12 .
Q. What are you ?
Pine. I am a haberdasher of small wares .
Q. Who did you send them by?
Q. What goods were there?
Pine. There were threads, tapes, needles, pins, quality bindings, and worsted.
Q. What was the value of the parcel ?
Pine. The whole came to 7 l. 14 s.
Q. Can you swear to any particular quantity?
Pine. There were 200 of needles, value 1 s. my servant did not return till ten o'clock.
Q. How far do you live from the inn?
Pine. My house is above a mile from it, I live in Tooley street, Southwark; when he returned he told me he had been rob'd.
Q. What have you got to say against the prisoner at the bar?
Pine. About the latter end of March, I hearing there was such a man in the Poultry Compter for putting off a bad note as my boy described, I went and took my servant with me, to see if he could pick him out; the boy went in, and there were about a dozen men standing in the yard, and the prisoner among them; the boy pick'd the prisoner out, and said that is the man. I took him before my Lord-mayor.
Q. Had you ever seen the prisoner before?
Pine. I had several times.
Q. Do you know what sort of goods they were?
Callis. They were threads, tapes, bindings, worsted, needles and pins.
Q. Did you see them before they were put into the box?
Callis. I saw them put into the box; going along Ludgate Hill, about half an hour after five o'clock, or something more, I met the prisoner and another man.
Q. Was it light or dark?
Callis. It was not dark. I turn'd up my head to let the box slip upon my shoulder, and look'd up and saw him well. He ask'd me where I was going, I said not a great way. They bid me take care I saw no more of them till I got to turn up the market, where I saw them both going up the inside of the market. I was near the houses.
Q. Did you tell them where you was going?
Callis. No, I did not; whether they saw the direction on the box I can't say. As I was going to the book-keeper, there stood the prisoner on the steps of a door, next to the White-Horse, within about fifty yards of the Rose-Inn; he stop'd me, and ask'd me where I was going; I said to the Rose Inn. He took hold of the top of the box and pull'd it off my head; then again I saw his face.
Q. What sort of a man was the other with him?
Callis. He was a short man. ( The prisoner was very tall.) The prisoner told me he was the bookkeeper.
Q. Where was the other man then?
Callis. He was gone then.
Q. Did the prisoner take it forceably?
Callis. He took it by force; my hand was on the cord. He hurt my hand very much. I went to the inn yard, and there was the book-keeper in the warehouse. I told him of it; he said I was rob'd of it, and there were a great many tricks done this way. Then I ran up and down all the turnings I could think of, but could not see any thing of them.
Q. When did you see him after this ?
Callis. I saw them both together about three weeks after that on Snow-Hill, but I was afraid, so did not speak to them.
Q. Did you see the prisoner after that time?
Callis. I did, in the Poultry-Compter. Master told me I should go along with him there. There was the prisoner. I went and pick'd him out from a dozen or more.
Q. Did any body point out the prisoner to you?
Callis. No; I knew him as soon as I saw him. I was there before my master.
Q. Could you distinguish the person's face so as to know him?
Callis. There is a lamp close over the door where he stood, and another very near it, and by those lamps I saw him plain, and I knew him by his dress; he had the same black coat on when he was in the compter.
Q. Before you went to the compter, or in going, did any body describe the prisoner?
Callis. No; I did not go with my master and the other gentleman, I went before.
Q. What time of the day was it that you met after him that on Snow-Hill ?
Q. Was it light ?
Callis. It was, and I knew him again.
Q. Why did you not speak to him?
Callis. I had nobody with me, and it is such a bad place I did not care to speak to him.
Q. Did you see any irons on him when you saw him in the compter ?
Callis. No, I did not.
Q. from prisoner. Did Mr. Neal, the man that went with your master to the compter, say he had any dealings with me?
Q. Is the prisoner the book-keeper?
Wod. Cuel I am book-keeper at the Rose Inn, Holbourn Bridge. This boy came to me and said he had lost some things, as he was bringing them to me; a person had taken them that told him he was the book-keeper.
Q. What day of the month with it?
Cuel. I don't know; it was on a Wednesday night, the latter end of January, or beginning of February.
Q. Had he any information from any person, before he pick'd him out?
Woodman. He had no information at all; he pointed him out before he went into the prison, by seeing him through the bars.
I was at Hudersfield in Yorkshire at the time this box was stolen, the place where I was born; I never knew the time they designed to charge it upon me, till they arraigned me at the bar. One Neal brought the prosecutor and boy to the compter to see me, after I had been there three days; he said he'd give 50 l. to see me go up Holbourn-Hill to be hanged. It is all revenge. If I thought I had a drop of blood in my veins that would do such a mean thing, as to take such a box from such a lad, I would let it out immediately.
For the Prisoner.
Q. What is his business ?
Mungotroid. He is an ironmonger by trade.
Q. Where was he on the 12th of January last?
Mungotroid. He was at Hudersfield in Yorkshire; he came to my house on Christmas-Eve, and staid, I think, till the 15th of January.
Q. Where was he, any one day of the year, besides the 12th of January?
Mungotroid. I don't know.
Q. What day of the month was Christmas-Eve ?
Mungotroid. It was the 24th of December.
Q. What day of the week did he go from your house ?
Mungotroid. I don't know.
Q. Which Christmas was it you mean ?
Mungotroid. I don't know which Christmas it was; I think we reckon it new Christmas.
Q. Don't you know what day he went from your house?
Mungotroid. I think it was on a Friday; Friday and Friday is eight, and Friday is fifteen, if I can remember.
Q. What day was the 15th of January?
Mungotroid. It was on a Friday.
Q. Who was he in company with, while he was at Hudersfield ?
Mungotroid. He was with several gentlemen.
Q. Where are they?
Mungotroid. They are at home; here is nobody here but me.
Q. By what do you know the day he went away?
Mungotroid. I know it was the 15th.
Prosecutor. The prisoner knew the day of the month he was charged with taking these things; when we were before my Lord-mayor, the boy and I too mention'd the day.
205, 206. (M.) Christiana Charald , spinster , was indicted for stealing one silver pint mug, value 40 s. and one pair of silver buckles , the goods of Timothy Gard , and Catherine wife of Charles Holme , for receiving the same, well knowing them to have been stolen , March 16 .
Charald being a foreigner, and unable to speak English, an interpreter was sworn.
Timothy Gard . I keep a publick house , I lost a pint silver mug on the 16th of March, and advertised it. I had information it was in the possession of Catherine Holme . I took her up, and had her before the justice, where she pull'd it out of her pocket, and said she had it of my servant.
Q. Who is your servant?
Gard. Christiana Charald was my servant, she wanted to be admitted an evidence. I ask'd her if she knew of any thing else, she told me there was
Q. How came you not to indict her first, as the cipal felon ?
Gard. I took compassion on her, as I believ'd me had seduced her to do what she had done, I took her to be an honest person.
Mary Gard . I am wife to the prosecutor. We the mug the 16th of March. When Christiana Charald was in Bridewell she sent for me, and in my hearing that she took the mug, and gave it to the prisoner Holme in our house.
Q. W are you servant to ?
Edward Newth . On the 23d of March, being my watch night, at 12 o'clock Mr. Gard came to me at the watch-house, and said he had been rob'd of a silver mug, and that they had the prisoner, and desir'd me to come and take charge of her. I went and took her in charge, which was the prisoner Holme. She said a sailor gave her the bottom of the mug about a year ago. I carry'd her before justice Bury in the morning, where she pull'd the mug out of her pocket, and said Christiana Charald brought it to her. Then we asked her if she knew of any thing else, she said there was a little box at her house. I went with her thither and found it, in which were the buckles.
I know nothing of the mug or buckles, I never saw them.
Charald brought this mug to me.
Both Acquitted .
William Osborn . On Friday was sev'n-night, as I was coming cross Thames-street, I met the prisoner with a bag of Spanish wool under his arm, (I am a ticket porter, and work'd at Botolph Wharf that day, and while we went to dinner there was some Spanish wool stole out of a bag, and a great hole made in it.) I asked him where he had it, he said what was that to me. I secured it and him, it weigh'd eleven pounds and a half, bag and all. We carried him before my Lord-mayor the next day, when he said he found it coming up Fresh-wharf gate-way (produced in court ) I can't say this is the same that was taken out of that bag; he fain would have left it with me, if I would have let him go.
Hickman Thornton. I am the chief person that works all that sort of goods at the key. I missed some Spanish wool out of bags when we returned from dinner that day. This wool I have look'd at, it is of divers sorts, and did not all come out of the bags where I missed some.
John Clements. I am the person that collar'd the prisoner; he fain would have got away, and ran from me, but I would not let him.
I was coming up Fresh-wharf gateway and found this bag standing against the wall, on the right hand side, so I took it under my arm.
No evidences appeared.
No evidences appeared.
No witness appeared.
No evidences appeared.
Received sentence of Death 9.
Robert Brasil , Benjamin Search, John Edwards , Ann Merrit , Peter Huck, William Adams , John Maclary , Michael Sullivan , and Mary Baxter, who pleading her belly a jury of matrons were impannel'd, and brought in their verdict not quick.
Sentence respited 1.
Transported for fourteen Years 1.
Transported for seven Years 33.
Jane Smith , William Hayman , Mary Steward , George Mead , William Milward , Richard Flanigan , Richard Mathews , Thomas Riley , William Simonds , Mary Elkins , otherwise Wood, Mary Chester , John Gregory , Mary Dwyre , Sarah Morris, Sarah Jones, Samuel Maialle , Priscilla Perry , Sarah Smith , William Narroway , Robert Hall, Thomas Finch , William Calwell , John Mungotroid , Rachael Dimsdel, James Macdaniel, Samuel Eason , Catherine Bourn , Henry Fordham , John Smith, John Johnson , James Godard , Mary Allen , and Solomon Taylor .
To be Branded 2.
Next Tuesday, being the 22d of this Instant May,
Will be published, Price bound 8 s.
(The Third Edition corrected)
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