In the Thirty-first Year of his MAJESTY'S Reign. NUMBER IV. for the YEAR 1758. Being the Fourth SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE Sir CHARLES ASGILL , Knt. LORD-MAYOR of the CITY of LONDON.
Printed and sold by M. COOPER, at the Globe, in Pater-noster Row, 1758.
King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of LONDON, &c.
BEFORE the Right Honourable Sir CHARLES ASGILL , Knt. Lord-Mayor of the City of London, the Right Honourable Lord MANSFIELD, Lord Chief Justice of the Court of King's Bench*; Mr. Justice CLIVE, one of the Justices of the Court of Common Pleas +; the Honourable Mr. Baron Legge , one of the Barons of the Exchequer ||; Sir WILLIAM MORETON , Knt. Recorder ++; and others his Majesty's Justices of Oyer and Terminer for the said City and County.
N. B. The characters * + || ++ directed to the Judge by whom the prisoner was tried; also (L.) and (M.) by what Jury.
158. (L.) Henry Goddey , engraver , was indicted, for that he unlawfully, feloniously, and designedly, did obtain from John Underwood the elder , and John Underwood the younger , 6 dozen of stone waistcoat buttons, by false pretences, with intent to cheat , &c. March 15 , to which he pleaded Guilty .
159. (L.) George Smith was indicted for stealing ten silver spoons, value 50 s. four silver salts value 20 s. one silver pepper-box, value 5 s. one silver cream-pot, value 5 s. one silver boat, value 2 s. one silver punch-ladle, value 5 s. and two silver mugs, value 40 s. the goods of Deborah Weaver , widow, in her dwelling-house , February 24 . ++.
Anne Peirce . I am servant to Mrs. Deborah Weaver ; she carries on the business of a taylor , the prisoner worked journeyman with her for about ten days before this happened; the plate mentioned in the indictment, (mentioning each by name) was in my mistress's house on the 24th of Feb. and on the 25th it was missing. I was sent for to Mr. Fielding's on the Monday following, there I saw most of the plate, and swore to it as my mistress's property.
Q. Did you see the prisoner there and hear his examination ?
John Fosset . I am a peruke-maker, and lodge in Mrs. Weaver's house; I had seen the plate on the 23d in its place, but cannot particularize them, but saw plate in general. The family went to bed about eleven o'clock at night, and about three in the morning, on the 24th, the watchman rang at the door; the maid asked at the window what was the matter? he said our door was open.
John Fosset . She lives in White-hart-court, Grace-church-street ; the foreman got up, and took the watchman up stairs into the dining-room, there we missed the plate out of the beaufet. We applied to Justice Fielding, and told him what was missing, for him to advertise it. The next day being Saturday, Mr. Fielding sent a letter to Mrs. Weaver. About two or three in the afternoon we went there, and saw the prisoner and most of the plate. Mrs. Weaver being a quaker, would not swear. I swore to what I knew. (The plate, all but the punch-ladle and spoons, were produced in court.) This two handled mug, or rather cup, I know to be her property, having drank out of it often, here is S. W. upon it, which I have seen before.
Q. to Fosset. Did you hear the prisoner examined?
Fosset. I did, the plate was produced, and he was charged with stealing it. he said that he had concealed himself in the cellar over night, and he did take the plate away. The spoons were there produced, and he owned likewise he took them.
Thomas Chesson . On the 24th of February I bought three table spoons of a person, I cannot take upon me to say it was the prisoner at the bar, being at that time in a hurry, I gave him five shillings and four-pence an ounce for them; produced in court, and deposed to by Anne Peirce .
James Smith . I keep a silver-smith's shop in Fleet-street; I bought three silver spoons of (I believe) the prisoner at the bar, one of them has been filed and mixed with others, so that I cannot tell which it is, ( producing two, deposed to by Anne Peirce ) one of these not having the hall mark on it diminished, the marks of them being both bought together, for which I gave 5 s. and 3 d. an ounce.
Peter Capreal . I keep a silver-smith's shop, on the 24th of February, very near five o'clock in the afternoon, the prisoner came to my shop, and said he wanted to buy a stock-buckle, I shewed him a second hand one, he bought it, after that he pulled out a pair of silver buckles, which he said he had bought of my man that morning, and he wanted another pair to make a present to his brother, a life-guard-man; I said I had not such another pair, but would make him such; then he took out his handkerchief, and laid it on my counter, with some plate in it, he said his grandmother left it him, his sister, and brother, dividing it, and desired I would weigh it separate, as he had put them in three parcels. I suspected he did not come honestly by it, so I stopped it, and went to justice Fielding for his advice, he shewed me the advertisement he had put in the paper, and sent two men with me, and we went and took the prisoner in Aldersgate-street, where he told me he lodged; we took him before the justice, and there he owned he hid himself in his mistress's house all night, and took the things away in the morning; this is the plate here produced, all but the spoons that he brought and offered to me to sell.
I never was in a court of justice in my life, nor before a justice till I was before justice Fielding. I leave it to the mercy of the court.
Guilty Death . Recommended .
Matthew Jenkinson deposed, he saw the lead fitted to a building in Scotland-yard, belonging to Mr. Devale, and the nails and nail holes fitted exactly, where some had been taken away, that it weighed forty seven pounds, and he believed it to be his property.
The prisoner in his defence said, a man bargained to give him three-pence to carry it for him from Whitehall to Covent-garden.
161. (M.) William Bloomer was indicted for stealing two linnen shirts, value 2 s. two linnen shirts, value 2 s. one pair of silver sleeve buttons set with stones, value 2 s. three pair of cotton stockings, value 3 s. and 25 s. in money, numbered , the property of George Davis , March 20 . ++
Q. Did he say where he took these things?
John Davis . I heard the prisoner confess the 26th of March, in New-prison (he knowing that Mr. Davis had got two of them again ) he said them two he might keep, the other three were changed to people going abroad.
Mrs. Davis. I am wife to the prosecutor, I saw my shift at justice St. Lawrence's, they said it was found in the prisoner's bed, but that I only know by hearsay. I had these crown pieces in my left-hand the night before they were missing, and I put them in the drawer and locked it, and found it locked next morning, when the things were gone.
I am innocent of the fact.
For the prisoner.
Q. What are you?
Q. How long has he been in London?
162. (M.) Jane Hudson , spinster , was indicted for stealing three linnen shifts, value 3 s. three linnen caps, value 9 d. one silk handkerchief, value 12 d. one linnen gown, value 6 d. one silver buckle, value 5 s. and one leather belt, value 12 d. the property of William Parker , March 5 .*
William Parker. The prisoner had been my servant : after she was discharged, the goods mentioned were missing, we suspected her, and took her up, she confessed she had taken an opportunity and came in and took the things away, and she went with the constable and me to the places where she had carried them where we found them.
Thomas Pinks, the constable, produced the goods, and confirmed the prosecutor's evidence as to the prisoner's confession.
Robert Wilson . On the 5th of last month between five and six in the morning, the prisoner came to my house at Blackwall with some coals in a skiff, I thought he did not come honestly by them, so stopped them and him. There were about four bushels of them.
Q. What is your employment?
Robert Wilson . I keep a publick-house, and am a blacksmith, he came to offer to sell them to me, I took him before justice Bury, there he confessed he stole the coals, he made it voluntary, it was taken in writing, and signed by the prisoner, ( it was read) wherein it appeared he stole a boat at the Horse-ferry, Westminster, and went and took the said coals out of two lighters lying on the river.
John Price . I was sent for to justice Bury, my name being upon the skulls. He ask'd me if the skiff was mine that the coals were in; I said it was. There I heard the prisoner confess and sign this confession that has been now read.
These coals were given me by a man for assisting him with a lighter.
John Briggs was indicted for stealing one linnen sheet, value 12 d. one iron pot, value 12 d. one pair of bellows, value 6 d. one flat iron, value 2d. and one wooden pail, value 6 d. the goods of John Hyde , the same being in a certain lodging room let by contract , &c. March 7 . ||.
The prosecutor keeps the Crown and Sceptre in Drury-lane ; the prisoner took a lodging of him with the goods in them; after which he deserted it, the goods mentioned were missing out of the room, the prisoner was taken up, and confessed where he had taken and pledged the goods at three several pawnbrokers, and by his directions they were found. The three pawnbrokers appeared with the goods, deposed to by the prosecutor.
Q. Did you ever see them again ?
Elizabeth Partridge . My husband is a soldier, so is the prisoner, I was going on Monday was 7-night to carry his supper in the Tower. I saw the prisoner; he said he wanted me to carry out a sheet to sell or pawn; it was wet, and he desired me to dry it, and gave it me (this is it here produced.) I took it to my own room, I live in Blue-anchor-yard. I went to the Tower next morning to inquire if any body had lost a sheet, and after that to the serjeant-major, and told him of it, and said I should keep it till I heard of an owner for it. The serjeant-major found out the owner.
Samuel Mott . On Wednesday the 22d of March, Elizabeth Partridge came to me, and told me that the prisoner had given her a sheet to sell or pawn, and she thought it not his own, so thought it her duty to acquaint me with it. I went to the prisoner, and told him I heard he had some linnen to sell, he denied it, then I said I could produce a sheet he had given a woman to pawn; then he acknowledged he had given it her to pawn. I asked him how he came by it. first he said his wife had brought it to the Tower to dry, being turned out of her lodgings. I sent a serjeant for his wife, and examined her before her husband's face; she declared she had not a sheet in the world, and had never seen it before then. I put him in prison, and by inquiring, found Mrs. Tanner had lost a sheet.
Q. to Mrs. Tanner. Had you seen the prisoner in your house?
Mrs. Tanner. I never did to my knowledge; my linnen was hanging up in the garret in my own house to dry, and it was very easy to get in at the window, which we have secured since.
Going to do my exercise on Monday between ten and eleven o'clock, there was a dog that belongs to the drill corporal, that is apt to fetch and carry; somebody threw a stone behind a piece of timber in the tower, the dog ran after it, and made a barking, having something that he could not bring away, so I went to see what it was, and found a sheet lying there, which I took and put under my coat, and brought it away.
Thomas Lowling . I keep a hosier's-shop , at the corner of Crown-court, Soho ; the prisoner came to my shop the 28th of March, and asked to see a pair of blue stockings, with white clocks; I shew'd her some, and took notice how many pair there were; then she asked me to shew her a pair of white stockings with pink clocks; I said I had none such; then she wanted to see a pair of scarlet with green clocks. I turned myself about, and was going to shew her a pair, but said I had none such; she said then I need not open any more, and was going out. I looked at the stockings I had opened, and missed a pair, and went and stopped her just as she went out at the door, and found this pair in her apron (producing a pair) they are my property.
I am very innocent of the affair.
For the prisoner.
Samuel Abot. I met the woman at the bar in Monmouth-street ; she asked me to give her something to drink. I went with her to the sign of the Black-horse; there she desired me to go out of the house with her, I did, and after that she desired me to go in again, and she would follow me. She did not come in, then I felt, and missed my watch; I ran out and inquired which way she was gone, and I found her with the watch.
Robert Gaidal . I am a watchman, this man came to me and inquired after a woman, and described her, by which description I knew it to be the prisoner. I went with him, and found her in a house in King-street. I took her out, then the man of the house came and called after me, and said here is the watch, I'll have nothing to do with it, and put it in my right-hand, saying he had it of the prisoner. I asked the prosecutor to describe the watch which he had lost. He did, and it appeared to be the same.
I was going to a day's work, I met this man, and an honest woman with him, as I took her to be. They asked me if there was any body up, where they could get some purl. I went with them into a house, they had two pots of purl. I came out again, and he came out and wanted to use me very rudely. I got from him, and hid myself in a gate-way, and he ran by me, and after he was gone by I picked up this watch, and I gave it to Mr. Barnet, at the same house where I was, to see whether it was advertised or not.
Mary Bull . I am wife to Thomas Bull ; on the third of March the woman at the bar came to my house and went up-stairs. I thought she wanted to speak to my lodger. She came down again, I saw her turn into Mark-lane.
Q. Where do you live?
Mary Bull . I live at the corner of Mark-lane ; I ran up to my lodger to know if she had been there, and found she had not; then I ran and overtook the prisoner at the end of Crutched-fryars. I asked her what she had in her apron, she said nothing belonging to me; I desired her to come back again, that I might see whether she had got any thing or not. I took her back, and put her into my house before me. In two or three minutes time some body came and said the woman had dropt a handkerchief, and produced one, out of which I saw two tea-spoons drop, (producing them) they are my property; the prisoner owned the handkerchief to be her own.
Elizabeth Murry . I saw Mrs. Bull stop the prisoner, and bring her back up Mark-lane. I did not see the handkerchief fall, but I saw it lying on the ground by the prisoner in the street, near Mrs. Bull's door. I took it up, and the two spoons dropt out of it.
Eutycus Edge. I am constable, I heard the prisoner at the bar say give me the handkerchief, or give me my handkerchief, I know not which.
The prisoner said nothing in her defence, but called Esther Hall, who deposed she had known her half a year or better, and had never seen or heard a misbehaved action by her.
John Julian . I am a silver-smith, and live in the parish of Hanwell, at New Brentford in Middlesex. On the 15th of February last the prisoner came to my shop in man's apparel with this hatchet in her hand, (producing one) and asked me if I bought old silver, and pulled out some pieces of a tankard; the appearance of which gave me some suspicion that she had stole it. I asked her several questions, how she came by it, and the like. She said her father died and left it her. She produced the whole of a silver tankard in pieces. I asked her when her father died, she said about half a year ago, and she was persuaded to cut it to pieces, that she might bring it more safely to London, so she cut it to pieces on the stump of a tree. Upon asking her many questions, I found by her voice she was a woman. I charged her with being a woman, and called in women to search her. I took and opened her coat before, and saw a pair of stays. I asked her
Q. Do you know the prisoner at the bar?
Q. Have you looked over all these pieces of silver ?
John Long . I am constable; I had the prisoner in custody, and carried her before a justice at Hounslow, and she was committed, so I brought her to Newgate. She said she was born in Gloucestershire, and that she was bringing it to London to sell it, and was advised to cut it in pieces, that she might bring it the more secret to London, that she might not be robbed of it.
Edward Goodall. Coming home through Kenister-alley , about eight o'clock in the evening, on the 6th of March, I met a man and the woman at the bar: the man seemed to be drunk, and ran against me, and in the mean time the woman took my watch out of my pocket.
Q. Did you know the prisoner before?
Goodall. No, I never saw her before, but am certain she was the woman.
Q. Did you get your watch again?
Goodall. No, I did not.
Q. When had you seen it last?
Goodall. I had seen it a quarter of an hour before.
Q. How can you say she took it.
Goodall. She owned it before justice Cox, and said she had left it under a stair-hole amongst some dust. We went there to look for it, but could not find it. Here is my handkerchief that we found upon her at the searching of her, which I lost at the same time, that was taken out of my coat pocket; the watch was in my fob.
Q. When did you take her up?
Goodall. I took her up immediately, and when we searched her, the handkerchief was found in her bosom.
I was searched directly. I never saw the man nor the watch.
Frances Divine . The prisoner came and desired me to let her have a lodging, which I did, she lay in my house one night; the next morning she took a sheet from the bed; I saw her with it, and charged her with taking it; she would not come back, but went away with it, and I never saw her till I took her up, to-morrow will be a fortnight.
This woman is great with my husband, and keeps him from me, and she could have no claw against me, so she has laid this sheet to my charge. It is all spight.
Henry Bennet . I live upon the paved-stones in West Smithfield , and keep a cutler's-shop ; the 24th of March last, between the hours of seven and eight at night, my sash was lifted up, and out of the shop I lost four steels; they were all brought to me again: he brought one to have the swivel put on the end of it; they had all swivels on them when in my shop.
Samuel Martin . I live in Turnmill-street, the prisoner asked me if I would buy a steel, saying he had picked up one. The swivel was off. I bought one of him for six-pence and a pot of beer. I heard afterwards that the prosecutor had lost such, and I went and carried it him.
Q. Are you a butcher?
Martin. No, but my father deals in tar and greace for waggons and carts, and trades in dog-horses towards making it up.
John Griffith . The prisoner offered a steel to me to sell; I gave him a shilling for it, at the Red-cow in Turnmill-street; he said he found it in Smithfield. It had never a swivel to it. I went to Mr. Bennet to have one put on, and he said it was stole from him.
Christian Nicholson . The prisoner lodged with me, in Turnmill-street, Clerkenwell, he came in a Friday about a quarter after eight at night, with a steel in his hand, all over muddy, and said he had found it in Smithfield; there was no swivel
( The four steels produced in court, each deposed to the respective steels they gave evidence about; all four deposed to by the prosecutor.)
As I was going home, a man gave me these four steels.
The prosecutor being a foreigner, an interpreter was sworn.
Q. Have you seen it since?
Bennell. I have. ( It is produced by the constable.) This is my handkerchief, the same I then lost.
Mary Bethan . The prisoner was brought in at my brother's, the Half-moon, in Cheapside, on Easter-Monday about four o'clock in the afternoon, on suspicion of picking gentlemen's pockets. There were three handkerchiefs found upon her; the prosecutor was there, and he owned one of them. It was marked J. B. and to the best of my knowledge No. 18. (She looks at the handkerchief produced.) This is the same.
Mary Arnold . I live at Mr. Martindale's, the Half-moon tavern in Cheapside; the prisoner was brought in there on Easter-Monday, about four o'clock in the afternoon. When I went into a room to her, she gave me two handkerchiefs, and I took another from under her bonnet. The prosecutor was there, and he owned one of them, which she gave me.
Mr. Groves. I was going along Cheapside, and the prisoner at the bar had almost got my handkerchief out of my pocket. I took her by the arm, and charged her with having a design to take it. While I was talking to her, the prosecutor came up and said he had lost his handkerchief. Then I took her into the Half-moon tavern; she desired to be searched by women, and it was soon found.
I was coming from Wood street counter; my husband is there; this gentleman laid hold of my hand, and said good woman, what are you doing, my handkerchief is almost out of my pocket; then he went almost as far as the Half-moon tavern, and met this other gentleman, and said to him, have you lost a handkerchief, this woman has been at my pocket; the man said his was lost, then said the other she has got it. I never saw that handk erchief till I was in at the tavern. The maid said she would be even with me (I don't know for what) and, I really think the gentleman gave her that handkerchief on purpose to charge me with it.
173. George Babb was indicted for stealing two pound, and one half pound weight of bell-mettle, value 17 d. thirty two pound weight of lead, value 4 s. and six pound weight of iron, value 9 d. the property of John Dodson ; to which he pleaded guilty .
John Nicol . I am clerk to mess. Chase and Cox, brewers; the prisoner was employed occasionally as a porter there. On the 17th of March, about seven in the evening, Mr. Cox was talking to him, I went to them, Mr. Cox said he has robbed the yard; see what he has got. I pulled by his great coat, and took from under it five iron butt hoops; (produced in court) they are the property of my masters; and I am certain he took them from 2 parcel that lay in the yard. I took him before the justice, there he acknowledged he took them.
The prisoner said nothing in his defence.
Charles Mead was indicted for stealing twenty-four pounds wt. of iron, value 3 s. and twelve pounds wt. of lead, value 18d. the property of Peter Poe , Feb. 22 .*
John Duncomb. On the 22d of February, between 3 and 4 o'clock, the prisoner and I went to Mr. Poe's house: the prisoner is a bricklayer's labourer , and was at work upon the premises; there was a floor-cloth to be named up in the brewhouse; he was doing it; at which time he took some iron, and a piece of a leaden pipe, and went and hid it near the New-River, and in the evening we went and fetched it away, and sold it to Robert Thralkill ; there were twenty-four pounds weight of iron, and twelve pounds of lead; we had three farthings per pound for the iron, and eighteen pence for the lead; it came to half a crown in the whole.
William Watts . I had country lodgings at Mr. Poe's at Islington; there came a journeyman carpenter one morning, and said he had seen the prisoner and Duncomb over night, with a jack going into Old-street; he suspected they had stole it; two or three days after, Duncomb came into the house; Mr. Poe sent for a constable, and took him before justice Welch; he confessed before we went there, and also before the justice, that he and the prisoner had stole that, and what he is now charged with, from out of Mr. Poe's premises, and had sold them to Thralkill. I went to Thralkill and asked him about it; he owned he had bought several things of Duncomb.
Q. Do you know any thing against Mead of your own knowledge?
Watts. No; nothing but what Duncomb said.
Charles White . I was with the prisoner before justice Welch, and heard him there acknowledge he stole the things mentioned in the indictment, and sold them to Thralkill for the same money the evidence has mentioned.
The prisoner had nothing to say in his defence.
[There was another indictment against him, for stealing the jack; but being cast upon this, he was not tried for that.]
Mr. Ford produced and read the minutes of the court of the trial and conviction of Charles Mead.
177. (M.) Margaret Cameron , spinster , was indicted for stealing fifteen yards of stuff. called Scotch plaid, value 20 s. and one duffil cloak, value 2 s. the goods of Alexander Mackenzey , March 31 . +
Q. Where do you live?
Mackenzey. I live at the upper end of the Hay market ; am a lodger; on Friday last the prisoner went out betwixt 8 and 9 o'clock for some snuff, and did not return. In about ten minutes after that, I missed a parcel of stuff, called Scotch plaid, about 13 yards of it, and a duffil cloak out of the room.
Q. Where is your husband?
Mackenzey. He is gone to the East-Indies. I went to justice Fielding, and got her and the things advertised; and on the Saturday after a pawnbroker came to me with the plaid. (Produced in court and deposed to.) This is the cloak that I have now on.
Q. How came you by that again?
Mackenzey. The prisoner had it on when taken.
Mr. Barnewell. I am a pawnbroker: the prisoner at the bar brought this plaid to me on the 31st of March, about noon; I lent her a guinea and a half upon it; after that it was advertized; then I found the prisoner, and took her up and carried her before justice Fielding. She had the cloak on.
I did not take them away with a design to steal them only to raise a little money, and then to fetch them again when I could.
178. (M.) Sarah Clark , spinster , was indicted for that she in a certain open place, called Black-bear alley, near the king's highway, on did make an assault putting him in corporal fear, and danger of his life, and stealing from his person one silver watch, value 3 l. his property , Mar. 15 . ||
Bond-street, along Piccadilly , on the 15th of March, betwixt twelve and one at night; going through an alley the woman at the bar came and asked me to give her a pint of beer; I said I had no money about me. She slipped her hand to my pocket, and took out my watch, and ran away with it.
Q. Was that all the conversation you had with her ?
Forsholm. I had no more conversation with her; she ran away into another alley, and I lost sight of her.
Q. Had she any weapon in her hand?
Q. Was you put in fear?
Forsholm. I was afraid somebody else might be thereabouts; so I went to the Lion in Piccadilly, and staid there till morning.
Q. Did she demand your Watch or any thing besides of you?
Forsholm. No, she did not; but took it slily away.
179. (M.) Edward Merriot was indicted for that he, at Hickes's Hall, on Tuesday the 1st of June, in the 29th year of his present majesty, was according to due course of law tried for that he, on the 1st of May, in the said year, one diaper napkin, value 10 d. the goods of John Reed , did steal, take, and carry away. That he was convicted for that offence, and ordered to be transported for the term of seven years; and that he was seen at large in this kingdom, before the expiration of that time , &c. ||
Q. Is this a true copy?
Bonous. It is. I examined it along with the clerk of the peace.
[It is read in court, the purport of which is mentioned in the indictment.]
Q. What had he done?
Cooper. I saw him commit a robbery, and detected him myself before he got off the premises in May 1756.
Q. What did you see him doing?
Cooper. I saw him break a kitchen window in Arundel-street in the Strand, with a stick, in with a hook to the end of it, he pulled out some linen, but I have forgot what it was.
Q. Was you at his trial?
Cooper. I was: he was tried at Hickes's-hall; as I took him I was bound over to prosecute; and was the principal evidence against him; he was convicted for it.
Q. How long is this ago?
Cooper. It will be two years ago the beginning of next May.
Q. Did you hear sentence past upon him.
Cooper. I did; he was ordered to be transported for seven years.
Q. What are you?
Emms. I am one of the turnkeys of New-Prison.
Q. What was he committed for?
Emms. He was committed on suspicion of breaking a house; and as soon as he saw me, he ran and hid himself, because he knew that I knew him.
Q. When was this?
Emms. This was about a fortnight ago.
Q. Have you seen him any where lately at large?
Emms. No, I have not.
As no evidence was given of his being seen at large since his being transported, he was acquitted .
Elizabeth Stevens. My husband's name is William Stevens , the prisoner came to our house the 23d of March last, and my husband asked him to dine with us. After dinner I was obliged to go out of town about business, and left the pepper-box and salt in the place where they used to stand. The prisoner was in the house when I went out; when I returned, the pepper-box and salt-seller were missing; we suspected the prisoner, and went after him to Thisleworth, and they were found there at the Rose and Crown. I can say no farther than that they are my property.
Q. How long have you known the prisoner?
Arnold. I have known him two or three years.
Q. How long have you worked for him?
Arnold. Never before this time, and that not him; I worked for his wife; I looked upon her to be my pay-mistress.
Q. What business does she carry on?
Arnold. She carries on that of a butcher.
Q. Is not he capable of carrying on business?
Arnold. I don't know whether he is or no.
Q. Do you look upon him to be a man in his senses.
Arnold. I don't know that.
William Ewer . That evening James Arnold and I were going home from our labour, we were desired to assist in taking the prisoner to the Cage; the prisoner dropt the salt; Arnold took it up, and gave it me, and desired me to take care of it till the morrow. I kept it till the afternoon the next day, when I heard Mrs. Stevens had lost a silver salt and pepper-box; I gave it to her, and she gave me a shilling to drink.
Q. Who was the prisoner disturbing?
Ewer. He was disturbing his wife, he wanted to get into the house, and she would not let him, and he had broke the windows.
Q. Do you think he was in his senses?
Ewer. I can't tell whether he was or not.
Q. Do you think he would have broke his windows if he was in his senses?
Ewer. He might be a little in liquor.
Q. to Mrs. Stevens. What business is your husband?
Stevens. My husband is a butcher.
Q. Is your husband and the prisoner acquainted?
Stevens. They have been acquainted a great many years, and on that account he asked him to dine.
Q. Do you look upon him to be a man out of his senses.
Stevens. I look upon him to be a madman really, but I had no acquaintance with him.
Q. From what do you look upon him to be a madman?
Stevens. He does not now appear to be in his senses.
Q. Do you think you do right in prosecuting a mad man for a felony?
Stevens. I did not know him to be such before.
Q. to the prisoner. How long have you been acquainted with this woman's husband?
Prisoner. I have been acquainted with him five or six years.
Q. What is your business?
Prisoner. We are both butchers.
Q. How long have you been married?
Prisoner. Almost ten years.
Q. Do you carry on business now?
Prisoner. I have left off my business almost three years.
Q. Where did you live when you carried on business?
Prisoner. I kept a butcher's shop in Hungerford-market, but I have left it now.
Q. Where do you live now?
Prisoner. I live at Thisleworth.
Q. Have you any children?
Prisoner. No, we have no children.
Q. By what means do you live now?
Prisoner. I carry on the gardening business. I purchased a bit of ground for that purpose, and that will maintain me.
Q. to Mrs. Stevens. Upon whose evidence was he committed?
Stevens. It was on my evidence.
Q. Where is your husband?
Stevens. He is not here.
John Lewis . I am the constable that had the prisoner in charge. I heard him own before the justice, that he took the pepper-box and salt from the prosecutor's house, and he would have signed his own confession, had not the justice told him it
Q. Did you hear Mrs. Stevens charge him before the justice, and swear to the things?
Lewis. I did.
Q. Did she say any thing about his being mad?
Lewis. No, she did not.
For the prisoner.
Charles Webster . I have known the prisoner about eight years; I always understood him to be a butcher, and that he bought the estate he lives in at Isleworth, at the purchase of four or five hundred pounds.
Prisoner. I gave four hundred and twenty pounds for it.
Webster. For these two or three years past, I have thought he was a madman in all his actions.
Q. I should be gled to know, during what period of time, he did any irational act?
Q. Do you now swear that man is now out of his senses?
Webster. I don't see that in him now as I have seen in him before; I have thought him mad for this two years.
Q. Any particular sort of madness?
Q. Have you used to see him often?
Webster. I have seen him, may be, once in two or three months.
Q. For this two last years when you saw him, have you thought him mad?
Q. Can you swear to any time you saw him mad ?
Webster. I think, more particular that morning he did this fact, he appeared very wild, and came to my house, was very troublesome, and would not take my answer.
Q. Can you mention any other time?
Webster. I have heard of his breaking his wife's windows, and disputes in the family, and from thence, I judged him very unhappy.
John Alleson . I keep the Boar and Castle; his wife made complaint of him on the 25th of November, and put him into prison. I took him to my house till the 6th of January last. When he has dined at one o'clock, may be, by four, he has declared he has eat nothing for two or three days. He would catch up case knives and run after the servants. Sometimes I have lost my news-papers, once I found ten in his pockets; and sometimes I have found case knives in his pockets. There was a separation between his wife and him, and an agreement made; she was to allow him six shillings per week.
Q. Was any writing drawn up?
Alleson. There was; he has often said, while at my house, why did they lay him in that bed, he would lie in his own bed, and all this time he never lay out of his bed, he always lay in one bed; he would fly about, and behave very wild, and at other times he would sit down and cry for two or three hours together.
Q. What was he put there for?
Walton. For assaulting his wife in November, he came out there before Christmas, and I carried him to the Boar and Castle; there he was very troublesome, and disturbed the customers, so that I was desired to take him away.
Q. Do you take him to be in or out of his senses?
Walton. I take him not to be in his senses. At that time they did not execute the writings, thinking him not capable to sign.
Q. Are they executed since?
Walton. They are.
Q. When were they executed?
Walton. I believe it to be about three weeks ago; he was bound to forfeit 200 l. if he ever went near her, and two or three days after he went and broke her windows.
Q. Are you related to him?
Walton. I am his brother-in-law. When I took him to the Boar and Castle, he would hallow out at the window at night, to know what o'clock it was. We have got him into bed, and in about an hour after he would be hallowing again. I believe he has not been in his senses this two or three years. He has been distressed for want of money, through the marriage settlement upon his wife two or three years ago.
Q. Do you recollect any question he has answered in court, that discover him not to be in his senses? I suppose you, as well as the gentlemen of the jury, know for what reason they were asked him?
Dagnell. He has answered every question well.
Q. What do you found your opinion upon, that this moment he is mad?
Dagnell. I don't say now.
Q. Did not you say he is mad now?
Dagnell. He has been out of his senses two or three years, so he cannot be in them now.
Q. to Mrs. Stevens. Did you dine with the prisoner at your house?
Mrs. Stevens. I did.
Q. Did any thing pass there, that shewed him not in his senses?
Mrs. Stevens. There was nothing passed, only eating and away. I don't remember a word he said.
Q. How comes it that your husband is not here?
Mrs. Stevens. He cannot swear to the marks of the things, and his business prevented his coming.
Daniel Pain . I live at Wrexham in Denbighshire. On the 14th of December last, I wrote to Mr. Greenwoller's, in York-street, Covent-Garden, in which letter I inclosed a bill of 24 l. 10 s. and another of 10 l.
Q. Look at this paper.
Pain. This is the very identical bill of 24 l. 10 s. I sealed the letter, but whether I or my servant carried it to the Post-Office, I am not certain; but this I am certain of, that I never send any to town with a bill in it, but that either I carry it to the office myself, or send him with it.
Q. What is his name?
Pain. His name his Robert Lankford , he is my apprentice; I not hearing any thing of his receiving it, wrote a second letter to him, and acquainted him with the contents of that, and the two bills inclosed in it.
Q. Were all the indorsements on the bills when you inclosed it?
Pain. They were.
Pain. I am certain it was.
Q. Whose business is it to carry and put letters in the Post-Office, when your master sends any to London?
Lankford. It is either his business or mine: all are put in either by himself or me if bills are in them.
Q. Did you live with him in December last?
Lankford. I did.
Q. Do you recollect putting a letter in the Post-Office in December last?
Lankford. I do not; but if my master did not put it in, it must be me.
Q. How often do you put letters in that office ?
Lankford. We generally put letters in every post.
Q. Suppose your master did then give you a letter to put in.
Lankford. Then I put it in; but as to this particular letter, I cannot say that I remember it.
Q. Look on the back of that bill. Have you seen that before?
Jones. This is my name on the back of it.
Q. Is it your hand writing?
Jones. It is not. My son is here, he wrote it for me. My hand shakes so, that I cannot write.
Q. Was this bill ever paid?
Jones. No, it never was.
Q. How do you know that it never was paid?
Jones. It never was paid me, and it is my property.
Pain. I remitted it as a friend to him, and when it was paid I was to give him the money.
E. Jones. I do, and I know this is his hand writing.
Mrs. Pyke. I keep the Post-Office at Wrexham in Denbighshire.
Q. How long have you kept it?
Mrs. Pyke. About a year and a quarter.
Q. About the 14th of December, the letters that were put into the office, what care did you take of them ?
Mrs. Pyke. I take particular care of all letters put into my office.
Q. Can you say any thing as to this particular letter now in question ?
Mrs. Pyke. I remember there was a letter directed to Mr. Greenwollers's, at that time.
Q. What did you do with those letters, at that time ?
Mrs. Pyke. I put them in the London bag, and sent them as usual.
Q. Did they go safe to town?
Mrs. Pyke. There was no stay, or hindrance of it, as I heard of.
Q. Is it usual when you send up letters to put in a bill of them?
Mrs. Pyke. It is, but we don't name the franks.
Q. How came you to remember this in particular ?
Mrs. Pyke. Mr. Pain came to my house a post or two afterwards, and told me he had sent a letter, at that time, which he had had no answer to.
Q. Do you remember this letter from your own knowledge, or from his telling you there was such a one?
Mrs. Pyke. His telling me gave me some uneasiness, and upon my recollecting, I remembered particularly there was such a letter in the office, directed to Mr. Greenwollers's.
Q. Do you remember the Chester mail coming in about the middle of December last?
Baker. I never heard it was missing.
Q. Was Wrexham bag in that Chester bag?
Ravenhead. It was.
Q. Was the Chester bag in that mail?
Q. Who opened the Chester bag?
Ravenhead. Mr. Baker did.
Q. What day does the Chester mail come out from thence to arrive here on the 16th?
Ravenhead. They are dispatched on the 14th from thence.
Q. What day is the bill of the Wrexham bag dated?
Ravenhead. That is dated the 14th.
Q. to Baker. Do you remember the Chester mail coming to your office on the 16th of December?
Baker. At this length of time I cannot tell, but if the post-master's bill was produced I could tell. (It is produced, he takes it in his hand.)
Baker. These are undoubtedly my hand writing.
Q. What is the meaning of these Bills?
Baker. Mrs. Pyke has already declared, this is the account of what letters she sent that day. It appears what number there were, and when they came.
Q. to Mrs. Pyke. Look on that paper, and give an account what it is?
Mrs. Pyke. This is the account of what letters came from Wrexham, on the 14th, my hand writing.
Baker. These were received on the 16th, here is my own writing, we sign our names to them; they are part printed, and filled up by the postmasters in the country; and on their arrival we sign our names to them. I certainly received these, or I could not have signed it.
Q. When the bag came in, was it sealed as usual?
Baker. To the best of my remembrance it was, we always look at those things then.
Mr. Potts. I am comptroller of the General Post Office.
Q. Was the prisoner at the bar employed at the Post-Office, about the 16th of December last.
Potts. He was employed as letter carrier, at that time, about Bloomsbury-square, to carry out for a man that was sick.
Q. Had he any concern with the letters sent to York-street, Covent-Garden?
Potts. It appears this letter, now in question, was a frank letter. York-street is not in his walk, but it is in the same division; there are four of those letter carriers, and he used to be remarkably assiduous to fetch the frank letters; those
Q. to Mr. Pain. Was the letter you sent in a frank?
Pain. It was a frank by Sir Lynch Cotton.
Potts. I apprehend, when the prisoner thought this was for his purpose, he put it in his pocket, as one of them; fetches the letters for the whole seat, into the letter carrier's office, if there are six or seven carriers. I only prove the general course of the office, to shew that this letter directed to York-street, might come into the hands of the prisoner.
Q. When was the prisoner taken up?
Potts. He was taken up about a fortnight or three weeks after, and I was with him before justice Fielding; he was there charged with taking this letter. At first he told an odd story, and would not own any thing; Mr. Fielding said to me, as you are his principal officer, may be he will say something to you. I said to the prisoner, have you a mind to say any thing to me, he said, sir, I should be glad to speak with you alone. We went together into a closet; the moment we were in the room, he dropped down on his knees, and with a flood of tears, said he was guilty; for he took the bill out of the letter; I said, is any other letter carrier, in our office, concerned with you in it? he said no, sir, not any body, he had ruined and undone himself; for he, himself, took it out of the letter, and there was nobody but a gentleman's servant, that was out of place, that persuaded him to the commission of the fact. When we came out of the room he repeated the same he had done there.
Q. Did you before the time of his confession tell him he should have mercy if he would tell the whole?
Baker. No; I did not.
Q. Nor did you make use of any threats in order thereto.
Baker. No; not in the least.
Charles Greenwollers . I have correspondence with Mr. Pain of Wrexham, in Denbighshire: I received a letter from him on the 30th of December last; the contents were that he had sent two bills in a letter.
Q. Where is that letter you received?
Greenwollers. That letter I have lost: I sent him a letter the post following, that no such letter came to hand. On the 6th of January I received another from him, with a copy of the bill for 24 l. 10 s. 2 d. I carried it to Mr. Tosier, in order to stop the payment; it being directed to Mr. John Tosier and Co.
Aaron Tosier . Mr. Greenwollers brought a copy of a draught to us; saying he had received advice of a draught being sent him from the country, that he had never received; and desired we would stop payment of it. We told him it had been brought to us, and we had accepted it. He said when it became due, he desired I would let him know; and about three weeks after that, it was brought to us by Mr. Griffith for payment, but I did not pay it; I am ready to pay it now.
Q. Can you recollect the exact time.
Griffith. As near as I can recollect, it was about the 23d of December; I looked him out a piece, he bought it, and three yards of Muslin for Neck-cloths, and two pocket handkerchiefs. The bill came to 3 l. 6 s. 6 d. he shewed me a bill of exchange, accepted by John Tosier and Co.
Q. Look at this bill.
Griffith. This is the same bill. I said pray where does this gentleman live; he told me. It was for 24 l. 10 s. I gave him full change, and deducted the 3 l. 6 s. 6 d. for my goods. When the bill became due, I went to his house in Billiter-square, to receive the money, and Mr. Tosier told me the money was ordered to be stopped.
When I was before justice Fielding, I saw Mr. Potts there, he said, Martendale, you have been guilty of a very bad thing I believe. I said I had not. He said I had better confess it; and if I would, he would recommend me to the postmaster-general.
Q. to Mr. Potts. Did you say to him as he has mentioned ?
Mr. Potts. No, I did not; all I said was, if there was any body belonging to the office guilty; with him, it might be of use to him to make a discovery. (The jury look at the bill, &c.)
For the Prisoner.
Mr. Darby. I believe I have known him ever since the year 1741; his behaviour has been extremely good in all the places he was in; I always looked upon him as an honest man before this.
Q. What was his general character?
Fell. I know nothing but honesty by him.
Q. What has been his behaviour?
Blaseley. He behaved very well: I always look'd upon him as an honest man.
182. (M.) Henry Strickland was indicted for stealing three linen shirts, val. 15 s. three pair of thread stockings, value 3 s. one pair of worsted stockings, two muslin neckcloths, one five guinea piece, eight guineas, and one thirty-six shilling piece, the goods and money of Caleb Smith , in the stable of the right hon. George Dodington , Esq; Mar. 28 .*
Caleb Smith. The prisoner lived servant where I do almost two years; I went out of town with the coach on the 23d of March, and returned on the 28th, and found the stable-door broke open, and the lock was off: I missed out of a box one five guinea piece, eight guineas, one thirty-six shilling piece, some linen and stockings my property.
Q. Where was this box?
Smith. It was in my master's stable, the hon. George Dodington , Esq; there was the prisoner; I told him I was robbed; he said he believed my helper that was, had got my money. I went to justice Fielding, and got a warrant, and went to the house where the prisoner lives; he was not to be found, but there I found a bundle of linen of his. I advertised him, and last Sunday I found him in the Strand, with one of my shirts on his back, and a pair of my stockings on. I took him before Mr. Fielding, he ordered him to the Round-house, and the next morning there again, and from thence to Newgate; there were three pair of my stockings in the bundle which I found; they were at a watchman's in the Meuse.
Q. Where were the things mentioned in the indictment, when you went out of town?
Smith. They were all with the money in the box?
Q. Was he searched when taken up?
Smith. He was; and we found five guineas in his pocket, and a purse, which I believe to be mine; he owned he had bought the watch with the five guinea piece.
Q. Did he own he took the things and money out of the box?
Smith. He owned he stood at the stable-door, while another man brought the money out, and that they shared it. He ow ned it was my money and my linen, but would not own to the taking that, but said he bought it in Monmouth-street, and that he knew it to be mine when he bought it.
Benjamin Wheeler . The prisoner lived fellow-servant with the prosecutor and I almost two years. When he was taken, the coachman came and told me; I went with him to the justice's house; there he was searched, and there was found upon him five guineas, fourteen shillings and sixpence in silver, and eight pence in halfpence, a silver watch, four handkerchiefs, a case of steams, a knife, a pair of nut-crackers, a snuff-box, and a pocket-piece. (Produced in court.) I asked him how he came by that watch, he said he bought it, and changed the great piece of money to pay for it; but what change he had out of it he could not tell; I asked him where he bought it, he said in a great street beyond, St. Paul's church-yard we went and found it to be Cheapside.
William Smith . I keep a silversmith's shop in Cheapside; I sold a watch to a man last Tuesday was se'nnight, which answers to the watch that the prosecutor found upon the prisoner. I cannot say I know the prisoner's face; I received a five guinea piece to change of the person at the time.
John Grimes . The prisoner came to my house, and called for a pint of beer, on the 26th of March, at night, and left a thirty-six piece, eight guineas, and a large piece of gold, which I since suppose to be a five guinea piece; he proposed to come and fetch them on the next day, which he did.
Richard Brumage . The prisoner came and knocked at my door on Sunday was se'nnight, and said he wanted to drink with me; we went together to Mr. Grimes's house and drank, he said he was going to Hammersmith; we seeing he had
I did not rob the coachman of any thing, I can find the man that went in and brought the money out.
Guilty , Death .
183. (M.) Elizabeth Johnson , widow , was indicted for stealing two silver tea-spoons, value 12 d. two brass candlesticks, value 6 d. one copper tea-kettle and lamp, one table cloth, two damask napkins, one pair of linen pillow cases, and one linen handkerchief , the goods of William Castledine , March 30 . ++
Robert Loat . I am servant to Mr. Castledine, who keeps the bagnio in Leicester-fields, the prisoner was trusted with things in the house; we having lost several things, the prisoner and another woman having quarrelled, the other said to her, You old bitch I'll blow you; the prisoner at the bar said, what do you mean by that? The other said, About the tea-spoon. I went to that woman and said, what about the tea-spoon? So it came out where they were pawned, and we took them out; they were pawned in the prisoner's name (producing one).
Ann Wood . I am a servant to Mr. Castledine. We found at a pawnbroker's, in Castle-court, a copper tea-kettle, a lamp, two brass candlesticks, and some linen, (produced in court) the property of Mr. Castledine.
Q. Did you know her before?
Styles. I have known her this three years.
There were many things taken to Mr. Styles's in my name, that I did not bring.
Guilty 10 d.
Q. What do you charge her with?
Smith. While I was talking to a man, she keeps company with, who was with her at my house, she put her hand into my pocket apron, and took out 7 s. and 6 d.
Q. Was you sober at the time?
Smith. I was, but don't believe she was.
Q. How do you know she took out 7 s.
Smith. Mr. Torneck took it out of her hand, and we told it; there was 7 s. and 6 d. of it, all in silver. I had halfpence in my right side pocket, and silver in my left.
Q. Where was your husband at this time?
Smith. He was at that time up in the club-room.
William Torneck . I was with the prosecutrix and prisoner, standing on that side the box the prosecutrix was on. She was leaning over the table, talking with both her hands on the table; she presently said, what is this on my thigh? clap'd her hand down and seiz'd the prisoner's hand, and desired me to lay hold of her hand; I did, and pull'd it from under the prosecutrix's apron. I saw a six-pence, and desired the prisoner to open her hand, she would not; I put my fingers to my mouth and weted them, and strove to screw her hand open, and took out 7 s. and 6 d.
That afternoon I had my fellow-servant come to see me; when my brother and sister came home to dinner, I call'd for two or three pots of beer. My friend stay'd till towards night with my sister and me; before he came down he said to me, in my sister's room, how do you do, have you spent your fortune? (I having broke my arm, was at my brother's lodging) he said, if you want a little money, I can assist you. I said it would be very acceptable, he made me a present of half a guinea, and treated us with a glass of rum; and when my brother came home from work, he treated him with a pot of beer, after that I sent down for one more; a little after that I came down stairs, and the landlady ask'd me what I would treat her with, I said any
For the prisoner.
Q. What are you?
Ellis. I keep a little private house.
Q. What is your business ?
Ellis. I am a mason.
Q. What is the prisoner?
Ellis. She is a cook.
Q. How long have you known her?
Ellis. I have known her a year and a half.
Q. What is her general character ?
Ellis. I never heard a bad one of her.
Q. Did you ever hear a good one of her?
Ellis. No; I never had but very little acquaintance with her.
Mr. Ford. I knew the prisoner when she was cook at the crown tavern, Ludgate-hill, and at the Ax-inn, in Aldermanbury, and the Salutation in Newgate-street. She bore a most excellent character: if I wanted a servant to-morrow I'd take her, I have so good an opinion of her.
185. (L.) William Stevens was indicted for stealing twenty-nine yards of Woollen-cloth, value 18 l. two pieces of linnen cloth, value 30 s. the goods of William Colethurst , out of his warehouse , Feb. 24 . +
Q. When was the last time ?
Colethurst. Three or four days before the fire happened.
Q. When was that?
Colethurst. the 24th of February last, at which time the goods mentioned in the indictment were lost.
Q. Can you tell me what goods he was packing on the 24th of February?
Colethurst. He was employed particularly in linnen. Two days before he was pressing the piece of cloth which I lost.
Q. In the packing of the cloth was there any particular circumstance happened, by which you could know it again?
Colethurst. By the pattern I took of it, I am sure it is mine.
Q. In what manner was this woollen cloth packed-up ?
Colethurst. It was done about half a yard wide, and put into a green canvass.
Q. Had it any ferril upon it when it was packed up?
Colethurst. It had, and two numbers, one was the number of the cloth; the mark was Newman Superfine 10,707, 25 yards three quarters; it was put on by the weaver, when it was wove, it was at the head end of the cloth.
Q. Was that part of the cloth, to which the ferril was annex'd afterwards lost?
Colethurst. The whole piece of cloth was taken away.
Q. How was the linnen cloth packed?
Colethurst. In canvas, and a rope; fifteen pieces were together in one bale.
Q. How long did this man work afterwards with you?
Colethurst. Three days.
Q. When did you discharge him?
Colethurst. I believe the 22d of February.
Q. When he went away, where were these bales ?
Colethurst. They were in my warehouse. I saw them there.
Q. Did he know where they were?
Colethurst. Yes, very well.
Q. Were the bales there on the 23d of February?
Colethurst. Yes, I saw them about four or five in the evening; on Friday morning, the 24th of February, we were alarmed with fire; after the fright was over, and the fire was got out, I examined the warehouse, to see what I had lost; I missed a piece of cloth, and I found a bale of linnen that was cut open, and two pieces taken out of the bale.
Q. What was the value of the cloth?
Colethurst. About 17 l. it was twenty-five yards three quarters; it cost first 15 s. per yard.
Colethurst. The two pieces of linnen were worth about 1 l. 15 s.
Q. Did you miss any thing else?
Colethurst. Only the wrappers which he put the goods in.
Q. Did you suspect any particular person having stolen them?
Colethurst. The observations that the prisoner had made on it, when he was at work, of a wrinkle, and I missing that piece, made me suspect the very man.
Q. What grounds had you to think that he had stole them?
Colethurst. Because he had made a mark, which no man knew besides himself and my man, the other man I know to be a very honest man; I have known him a great many years.
Q. Did you see the prisoner at your house at the time that the fire happened?
Colethurst. I did not see him.
William Holloway . I am journeyman to Mr. Colethurst; I know the prisoner very well, I remember his working with Mr. Colethurst as a packer; he was at work two days before the fire happened, in folding of this woollen cloth into papers for the press, (the woollen cloth produced in court.)
Q. Did he make any observations upon any wrinkles, or marks in the cloth?
Holloway. Yes, this is it, when he was about it, he said, sir, you see here is a wrinkle, you see I did not do it.
Q. Can you say it was the same cloth?
Holloway. I am sure it was the same cloth that that he was employed to sold into papers for the press.
Q. When did Mr. Colethurst discharge him?
Holloway. On the Wednesday night.
Q. When was the last time, you are sure, the cloth was in the warehouse?
Holloway. The cloth and linnen were in the warehouse on the Thursday evening about six or seven o'clock.
Q. When was the first time you miss'd this cloth?
Holloway. When we had got our hurry over, between seven and eight o'clock on the Friday morning, I went into the warehouse, and when I came in, I saw the bale was cut open, and I thought that by moving it, it might have bursted; afterwards looking for the woollen cloth, I found the green buckram that it was put up in, and the cloth gone, and the ferril the same.
Q. Do you remember having any more of that cloth from any other since ?
Holloway. Yes, a man in court brought a piece home after the Tickets were out.
Q. How much is the piece of woollen cloth worth?
Holloway. About 17 l.
Q. Did the prisoner come to you after this?
Holloway. No, he never came since.
Thomas Dillingham . I am watchman, when I came by about a quarter after six, I saw a great smoke come out of Mr. Colethurst's cellar; after I had stood about five or six minutes, I saw a man come running out of the door of Mr. Colethurst's with a bundle upon his back, and went towards London wall.
Q. Did you take any particular notice of the man?
Dillingham. I can't tell what sort of a man he was.
Q. Did you alarm the family that there was a fire in the house?
Dillingham. When I came by, I thought the family was up, I saw no fire, only smoke.
Q. What are you?
E. Salter. I am a bookseller, the prisoner came to my house on the 24th of February, about nine o'clock, and brought a bag very heavy; he said let me leave this bag: it was a very cold morning, but he came in a great sweat. I asked him what made him sweat so; in such a cold morning, and he said it was his burden. I told him I would not have my shop fill'd with his goods, he said he would not leave it above two or three hours. I saw him again on Saturday morning, about ten or eleven o'clock; he took the bag and cut it open, and took the cloth out, and cut off about four or five yards, and took it under his arm and went away.
Q. Are you sure this is the same cloth?
E. Salter. I know it to be the same by the two figures of 7. I saw the number when he cut it off and laid it upon the ground.
Q. Did he give you any directions what to do with the rest?
Salter. I asked him for some money, he said you must sell some of this cloth, and you may have some of this linnen cloth to make a pair of sheets. I did not take any then; I said I have no
Q. Did you employ any body to sell any part of this woollen or linnen cloth?
Salter. I employed my daughter to sell the woollen cloth, but she sold none, for she offer'd it, and she was taken up; he came on Saturday evening, and he borrow'd two shillings.
Q. Did you advance any more money upon the cloth?
Salter. I advanced 15 s. and 2 s. more on Saturday evening.
Q. Did you make any inquiry how he came by this cloth?
Salter. He said it was his own, and said I might go to any public shop in London, and make any money of it. The cloth was at my house till the prisoner was taken up. He came for some more cloth on the Tuesday morning, and my daughter took him up.
Mary Salter . I know the prisoner very well; on Friday morning the 24th of February he brought some cloth and some linnen in a canvas bag; he came in a great sweat, which I was greatly surprised at, in such a cold morning, and he desired he might leave it for two or three hours; my mother said she did not choose to be incumbered with it, but he said nothing; she called two or three times, but he made no answer, and ran away and left the goods. I saw him again on the Saturday, and he came and desired she would lend him 15 s. she lent him 15 s. and three half-crowns, and he took and cut the cloth in pieces, and left six yards behind, and took the rest away.
Q. Are you sure this is the cloth here produced?
M. Salter. Yes, I am sure it is the same by the two figures of 7.
Q. How came the prisoner to be taken up at your mother's house?
M. Salter. The prisoner said he would come on the Tuesday morning, and when he came he was taken up.
Q. Was there any cloth at that time in your mother's house?
M. Salter. There was some left till he came to fetch it.
Thomas Collins . I have known him for four or five years; he brought a quantity of cloth some time in February, on a Saturday morning; first he brought a pattern, and offered it to sell; afterwards he brought a quantity of cloth, he said it was 27 yards, and a half, or three quarters of it, (a piece of cloth produced in court.)
Q. Is that the cloth he brought you to sell?
Collins. I am pretty sure this is the cloth, I have no reason, but only with regard to the colour, it appears to me to be the very same thing. When he brought the cloth, I laid it by in order to have a coat and breeches made of it.
Q. What was you to give him for it?
Collins. We had not agreed about that, he said it was to be 14 s. a yard. I said if it was worse it would serve my turn as well, he told me it was not his, but a friend's that was going into the country, and that he had it to dispose of for him.
Q. How long did the cloth continue with you?
Collins. About five or six days. When I came to be acquainted with the affair, I informed Mr. Colethurst that I had heard he had lost some cloth, and that I had so much cloth of such a colour in my possession. I told him if he would send his man to my house, I would give it him. Mr. Colethurst sent his man, and I shew'd him a pattern of it, and gave it him.
Q. Was the cloth that Mr. Colethurst's man had of you, the very same that you had of the prisoner?
Collins. Yes, the very same.
Mr. Staples. I was present when the prisoner was apprehended, and I was with him before justice Fielding.
Q. Was the cloth produced there?
Staples. It was, and the linnen.
Q. What account did he give to Mr. Fielding?
Staples. He said he was going down Basinghall-street, and he saw a bag lie, he said he found it under the wall.
I found this cloth in the street.
For the prisoner.
Robert Hemming . I have known the prisoner about seven years, his wife was servant to me; after his day's work was over, I let him come to see his wife, and when he was out of his time, I let him be in my house; he lived with me four years and a half, I never heard to the contrary but that he was a very just, honest man, and has bore a good character ever since.
Guilty , Death .
186. (L.) RIchard William Vaughan was indicted for feloniously forging and counterfeiting a bank note, for the payment of 20l. to John Conwallis ; and also for putting away the same, with intent to defraud the governor and company of the bank of England . March 23 .*
William Cole . I was at the searching the prisoner's lodgings. (He produces a parcel of papers.) Some of these were found in a bureau, some in a little closet; here are two copper-plates; (producing one about 5 inches by 3, the other about 3 by 1 and a half) these were found in the closet. There were Mr. Race and Mr. Dod at the finding them.
Q. Was the closet open or locked?
Cole. I do not know that.
Q. to Spensley. Do you remember any keys being delivered by the prisoner at Mr. Fielding's?
Spensley. I took them out of his pocket, and put them into a hat: but do not know who took them afterwards.
John Corbould . I am an engraver. About the 1st of last March, the prisoner at the bar applied to me in the name of Sneed, for a copper-plate to be engraved with a promissory note. I cannot remember whether he brought me a written direction, or whether he wrote it in my shop. I engraved him two plates. The direction for the last plate I have here. (Producing it.)
Q. What became of the direction for the first?
Corbould. I cannot tell whether he did not take that away with him.
Q. What became of the first plate?
Corbould. I have it here. I shewed it the prisoner before it was quite finished, and he made a great many objections to it. One in particular I remember was, the word on at the beginning of the second line, should have been at the beginning of the first line, and the words I promise were placed, he said, too far from the edge of the plate, and the Britannia he did not like; he wanted me to alter the plate; I said I should have more trouble to alter it than to make a new one. Then that was laid aside, and I engraved a second by his direction.
Q. Now look at this other plate.
Corbould. This is the second plate. (He delivers it, and the directions for engraving.)
Q. Have you got a proof from this plate?
Corbould. Here is one that I had printed off from it. (He delivers that in.)
A young Lady sworn. The prisoner at the bar delivered me some bills: these are the same. (Producing twelve counterfeit bank notes, sealed up in a cover, for 20l. each.)
Q. What did the prisoner say they were when he delivered them to you.
Y. Lady. He said they were bills.
Q. Did you make any observations on them?
Y. Lady. I said mine were thinner paper; he answered, all bills are not alike.
Q. Had you any conversation with him about the bank?
Y. Lady. No, none at all.
Q. What was you to do with them?
Q. What was to have been done with them then?
Y. Lady. I do not know.
Q. What did he put them in your hands for?
Y. Lady. He put them in my hands to shew he put confidence in me.
Q. Did he give you any charge concerning them?
Y. Lady. He desired me not to shew them to any body; and to sealed them up with his own seal; obliged me oath not to discover them to any body; and I did not till he had discovered them himself
Q. Was he not to settle something upon you?
Y. Lady. Yes; he was to settle so much upon me and he was to advance it in stock. ( The not delivered in)
Q. to Corbould. Look at this note, the body of 22
Corbould. This is printed from the second copperplate of my engraving; all but these words, For to and company of the bank of England; ved the plate, the prisoner asked me if I can't tell him where a printer lived, and I recommended one Farnworth, a man that prints for me.
William Farnworth . I am a copper-plate printer. I remember the prisoner coming to me about the beginning of last March; he said Mr. Jefferys and Mr. Corbould recommended him to me, because had the trouble of proving it.
Q. Who is Mr. Jeffreys?
Farnworth. Jeffreys and Corbould are partners. He said he wanted a few prints done; I said I was in a great hurry, and could not finish my business, being Saturday evening. He said he would pay me considerably, if I would do them then. I printed 28 for him, and Mr. Jeffreys paid me.
Q. Who was present?
Farnworth. There was only my man that works for me was by. The prisoner staid while they were done, and took away four of them with him.
Q. What had you for doing them?
Farnworth. I was paid two shillings for doing them; he made a second application to me the week following, and came and had forty-eight more printed of the same plate.
Q. Was he present when you printed them?
Farnworth. He was with me all the time, and took them away as they were done.
Q. Who paid you for doing them?
Farnworth. He did; he paid me two shillings for doing them.
Q. Upon whose paper did you print them?
Farnworth. I printed them on his own paper, which he brought with him.
Q. Look upon this note, and the plate, and see whether you can say part of the note was printed off from this plate. (He looks on them.)
Farnworth. Yes, part of it was.
Q. Read what words were printed off from this plate?
Farnworth reads. - I promise to pay to or bearer, Twenty pounds. Here is London also, and the Britannia and No. at the top.
[The paper produced by Cole looked at. It was very thin, and the words, BANK OF ENGLAND, made in the body of the paper, wanted the second N in England.]
Charles Fourdrinier . I am a copper-plate printer and stationer. The prisoner applied to me about the 4th of March last, with three written directions; one directed for the governor and company of the bank of England: another to the East-India company; and the other I know nothing of, to get them engraved for him. I asked him, if he pleased to have them all on one plate, or separate: he considered a little, and said separate. I asked him if he would have one done first, and the rest afterwards. He considered a second time, and said, I might as well do that for the governor and company of the bank of England first. I got it engraved for him, and shewed him a proof of it.
Q. Look at this smallest plate.
Fourdrinier. This is the plate: he said the r in governor must be altered, and made into an s; it was altered according to his directions.
Q. Look at this note No. 13840
Fourdrinier. To the best of my knowledge this is printed from it, For the governor and company of the bank of England. After he had got it, he paid me for it, and went about his business; and I think about a week after, he came to me and asked me, if I could not print him some from the plate; I told him I could: he brought some paper along with him folded up very curiously; so that I could not see what was in them; I was going to take the papers from him, but he said he must go up stairs with me, and see them worked off himself. I took him up stairs; he would not let me have them out of his hands. I took a spunge and
Q. What is your boy's name?
Q. What imagination had you when a man comes with papers folded up, which you are not permitted to see the contents of, for you to print on that same paper, (for the governor and company of the bank of England.)
Fourdrinier. I then did not suspect any thing, but I shall take care for the future.
Q. How old are you?
Nevil. I shall be sixteen years of age next July, my master came to me, and gave me the plate to print off these things; Mr. Vaughan was along with him.
Q. How long is this ago?
Nevil. It is about six weeks ago. After I had printed off about three or four, my master went down stairs, Mr. Vaughan bid me print more off.
Q. How many did you print?
Nevil. To the best of my knowledge it was forty eight.
Q. What part of them words on the paper did you print off?
Nevil. The words were (governor and company of the bank of England.)
Q. Look at this plate, are you sure this is the plate?
Nevil. (He takes it in his hand.) This is it.
Q. Could you see the other words when you printed off these words you mentioned?
Nevil. No, they were folded up, so that I could not see what was in them.
Q. Were they brought so to you?
Nevil. They were brought so up stairs.
Q. Where do you live?
Balangers. I live in George-yard. About five or six weeks ago as the prisoner and I were coming down Portugal-street, he asked me if I could give him cash for a 20l. bank note. I said I had no cash about me, but I had a relation that could do it. We went to him, and he had not cash; then I said I had a brother on Snow-hill, he has cash. As we were going on, he said the bank note was not about him, but at his brother's; we will go to him; but when we came to his brother's chambers, he nor none of his clerks were there; then we went and drank together, till we thought he might be come in. We went to the chamber again, but no body was there; coming out of the chamber, there happened to be the waiter of the wine cellar on the stairs. He ask'd if his brother was below; he said he was. I said then you may go and ask him for the key. He said he would not, he did not choose it, for he would ask for what he wanted it. About a fort night after that he came to me in my yard and asked me if I had a six stall stable to let I said I had a two stall stable, if that was suit. He said a gentleman of his acquaintance had six saddle horses, and should want such a stable. He asked me when we were together, if I could give him cash for bank bills, saying he had twenty by him for 20 l. each. I said I could not, it is but going to the bank, you may soon get cash there; he said he did not care for that, because he was a bankrupt, and his certificate was not signed.
Q. Did he shew you any of the notes?
Balanger. No, he did not.
Q. Did you take the notes he talked of to be all good notes?
Balanger. Yes, I did.
Council for the crown. When was this second conversation?
Balanger. It was about three weeks ago.
Thomas Bliss . The prisoner offered himself to me as a clerk, about eight months ago, in consequence of my advertising for one. I hired him as such, and he lived with me about three months in that capacity.
Q. Are you some way concerned for the young Lady.
Bliss. I am guardian to her; the prisoner had privately made his addresses to her, without my knowledge or consent; after a time he made me acquainted with it, (but not till I had learn'd it from the servants; and I observed by the Girl's behaviour, that she greatly approved him.) I said to him, if he could make it appear that he could maintain her, and if his character, upon close inquiry would bear. (I at that time had no doubt of his character, as a servant, because he had behaved well.) He mentioned his being of a good
Q. How did he say that was to be raised?
Bliss. He said his brother and friends would advance him a thousand pounds, and out of that money it was to be raised. The affair of the bank notes came to my knowledge by mere accident. I believe it was on the 22d of March, I was sitting in my parlour, with my wife, by the fire-side; the prisoner and the girl in the same room, which being small, though they whispered, I could perceive Vaughan was very urgent to have something returned, which he said he would call for early next morning. I then thought it something trifling, and not worth particular notice. As soon as he went away, I studied her face, and could perceive much dissatisfaction. I asked her what was the matter; I perceived a tear break out; she would not tell me what the matter in dispute was. This induced me to resolve he should not see her till I found out what he wanted of her. When he came the next morning I took him into the parlour, and said you have given the young lady great uneasiness last night, I desire to know what you demanded of her; he hesitated some time, and said he did not demand any thing. I said this is a matter brought near a conclusion, there shall be nothing a secret till after you are married; tell me candidly what past between you. He still refused upon my second asking. Then I said I in part knew it from her; and said, may be, she has the value of ten or twelve pounds, you might give her to buy a bauble. He said more than that, it was near 300l. in bills, and it was that which he demanded of her again, and for very good reasons, which he could not then tell me; till his certificate was signed, it was not proper any body should know he had got so much, and his brother was to advance it to him when he had got that signed.
Q. Did he say what sort of bills they were?
Bliss. To the best of my knowledge he did not say what sort, but I understood they were bank bills. I asked him for what intent he left them with her; he said, as I had of late suspected him, he designed to give her a proof of his affection and truth, I said you have demanded them in such a manner, that it must be construed as an abatement of your affection towards her. He still solicited farther. I told him I must ask advice first, as things had gone so far. I desired he would not see her till then, and after that he might call upon me again, and I never saw him till I saw him before the justice. I had no notion at that time that he had imposed on the girl, by giving her any thing that was false.
Q. Did he mention the number of bills?
Bliss. No, he did not.
Council for the prisoner. In the common course of negotiating business, is the expression bills, when they mean bank notes?
Bliss. No, it is not, but I believe they are equally und erstood by bank bills or bank notes.
Q. If a person owes you money, and was to say he would pay you in bills, should you think it to be bank bills?
Bliss. I believe bank notes are as commonly called bills.
Q. Did any thing pass between you about bank bills?
Q. From the general purport of the discourse with him, could you understand he was to purchase any of this fortune with these bills?
Bliss. No, he said she might go and take the stock, or to that effect. He equivocated much.
Q. Was any time of marriage appointed?
Bliss. The marriage was fixed for the Tuesday in Easter-week.
Q. to the young Lady. How many notes did the prisoner leave with you?
Y. Lady. There were twelve of them.
Q. Did you count them?
Y. Lady. I did.
Q. Did you read any part of them?
Y. Lady. No, I did not.
Q. Upon what account did he put them in your hands?
Y. Lady. On the account of my saying I thought he had no value for me; and he put them into my hand to shew me that he had.
Y. Lady. Not much.
Q. Did he tell you what they were?
Y. Lady. I don't remember that he did.
Q. What did you take them to be?
Y. Lady. I took them for bank bills.
Q. Did you make any observation on them then?
Y. Lady. Yes, I told him they were thicker than my bank bills were.
Q. Did you say bills?
Y. Lady. I said my bank notes were thinner than them, and he made answer all notes were not alike.
Q. Whether you had any conversation about any settlement upon you?
Y. Lady. He said he was to settle 250 l. on me.
Q. Did he tell you the value of the notes?
Y. Lady. I think I said they were 20 l. each, to which he noded his head, and that was all.
Q. What was he to settle on you?
Y. Lady. He was to settle 500 l. on me, and this was to make up mine 500l.
Q. What was yours?
Y. Lady. Mine was 250l.
Q. Did he say that was to make up yours 500l.
Y. Lady. No, he did not, he insisted on my not telling any body of these bills, and said they were not to be meddled with on any consideration in the world, and he was to go to the bank and transfer it to me.
Q. Where was the 500l. to be raised on his part?
Y. Lady. I do not know.
Q. Do you remember the prisoner asking for these notes afterwards?
Y. Lady. I do, he begged the favour of having them again.
Q. What did he call them?
Y. Lady. He said bills.
Q. When was this?
Y. Lady. It was, I believe, about the 22d.
Q. Did you deliver them?
Y. Lady. I did not.
Q. Did he demand them after that?
Y. Lady. No.
Q. Did you see him after that?
Y. Lady. No
Council. Then these were left with you to be returned to him again, were they not?
Y. Lady. I do not know any thing about that, I was to keep them till after our marriage.
Q. Did you understand these to be any part of the value he was to settle upon you?
Y. Lady. No, I did not.
Q. to Spensley. Was you at the apprehending the prisoner?
Spensley. I met him in the custody of my brother constable.
Q. Did you observe any thing that the prisoner did then?
Spensley. I saw some paper in his mouth, and saw him spit some of it out, and his countenance changed at the time.
Council. There were fifteen found upon the prisoner, twenty in his room, and these twelve Miss produced, and one we suppose he destroyed in his mouth, come just to the number that were printed.
Spensley. My brother constable said to me, I am glad you are come, for he has swallowed two bits of paper.
Council for prisoner. If you were to be charged with a capital offence, would not your countenance change, supposing you innocent.
Spensley. I suppose it would.
M. Sabberton. He takes the note in question in hand.
Q. Look at the number of this note.
Sabberton. We have never a number so high as this. This is not a bank note, but there is some resemblance to be sure.
The Jury look at the plates and the papers found, &c.
Guilty , Death .
187. (M.) John Beal was indicted for stealing fifty-six pounds weight of iron, value 7 s. the property of John and Robert Batson , privately in the warehouse of the said John and Robert Batson , March 16 .++
Robert Batson . John Batson and I are shipbuilders and partners. The prisoner work'd for us about seven or eight months last year; he is a house carpenter , he came again almost starved, and beg'd for work: seeing him in a deplorable condition we set him to work again. I ordered the foreman to examine his bag of chips, that he carried away when he went from work; thinking he might waste his time in spliting up slabs, I found his chips consisted chiefly in slabs, and such sort, for which I reprov'd him. The foreman in searching to the bottom of his bag said,
Q. When was this?
Batson. This was about the 16th of March.
Q. What is the value of that iron?
Batson. It is valued in the indictment at 7 s. they were worth to us above 24 s. (produced in court, and deposed to) He confess'd they were our property before we went before the justice, and before the justice; and that he took it out of our iron warehouse.
James Pope . This iron produced here, we took out of the prisoner's bag amongst his chips as he was going to go home; he was not got out of the yard with them when they were found; he own'd he took them, and said it was a foolish thing of him to do so, and that it was my master's property; and own'd he had taken about twenty pounds weight away before.
I had them out of my master's yard, but I did not know but that they might belong to some of the ships.
Guilty 4 s. 10 d.
Mr. Milward. I am joiner to Mr. Alderman Alexander. The prisoner was a founder and finisher to him, he came to me and ask'd me for the key of the foundery shop. I found he had got some wire to neal in the furnace, I gave it him; he ask'd me for a candle, I said, I had never a one; he said he would go down into the foundery shop, he went; I went to go there, and there was William Mills : I ask'd him if Bray had any wire a nealing in the furnace, he said no. Soon after, I saw a light in the surff-cellar, a place where we put old brass: soon after came the prisoner out and shut the door after him, and set down the candle; his apron was full of something. I set Mills to watch him: soon after Mills came and said he was gone away; I sent Mills after him, who brought him back with about fifteen pounds weight of brass, call'd yellow metal about him; some in his pockets, and some in his apron, which he emptied before us in the shop, and said he was very sorry for what he had done.
Q. Whose property was it?
Q. How long had he work'd for Mr. Alexander?
Milward. He had work'd for him about ten years; he was carried before a justice of the peace, and charg'd with stealing this brass; he said he could not deny it, and was very sorry. for it.
William Mills . I work for Mr. Alderman Alexander in the foundery. I came to work about six o'clock, and Bray was in the shop with a candle, he came up and put the candle down, and went out of the shop. Mr. Milward ordered me to follow him, I did, and ask'd him what he had got in his apron? He said, he had got some tin; I said where are you a going with it, he answer'd I am coming back soon. I put my hand into his apron, and found it to be yellow brass. I made him come back along with me into the foundery, and got a thing and emptied it into from out of his apron and pockets. We took him before a justice, he told him he could not deny it, when charg'd with stealing it, and said he was very sorry for it. (It was Mr. Alexander's property.)
Q. How do you know this to be Mr. Alexander's property?
Mills. He had nothing in his apron when he went down into the surff cellar, and there is nothing else there but such brass, the property of Mr. Alderman Alexander.
It was none of the Alderman's property; my wife bought it and I brought it with me to the shop, in order to sell it as other people do, and I went out to get a penny worth of purl for myself, and said I'd be back presently. No, said Mills, you shall come back along with me, with all my hear said I; and he took it away out of my apron. They took me the next morning before the justice, and ask'd me what I had to say for myself. I said, I was sorry they should bring me to that place, I never was before I justice in my life before. I have work'd in the shop almost ten years, please to ask these two witnesses my character.
Milward. He behav'd very well in the shop, as a very civil man among his shop-mates.
What is his general character?
Merryman. He has a common good character.
189 (L.) William Boodger was indicted for forging an inland bill of exchange, purporting to be signed by James Goring , beating date at Covenhen, Feb. 1, 1758. For the payment of 40l. to James Ellis , or order, and for publishing the same knowing it to have been forg'd, with intention to defraud , Feb. 7 . +
Robert Nowell . On Saturday, the 14th of February last, the prisoner at the bar came to Mr. Thomas Richford 's, a peruke maker in Blossom's inn-yard, in a post-chaise with one Mr. Tindal. I was then shaving; he appeared to me to be just come to town. Mr. Richford went out of his shop to welcome Mr. Tindal to town; he took the prisoner to be Mr. Tindal's friend: after I had been shav'd, I went into the kitchen, (I lodg'd there) where was Mr. Tindal and the prisoner at the bar. Mr. Tindal soon went out, the prisoner staid there relating to Mr. Richford their travel on the road; after that he said to the maid, pray shew me my lodging, which she did; about a quarter of an hour after he return'd to the kitchen, and made no stay but went out of the house. I saw his things unpack'd; some linen and wearing apparel. On Sunday the 5th, while I was at breakfast in the kitchen, I saw Mr. Tindal and he go out together: I saw no more of him till as breakfast the day after about nine o'clock, he had been out all night. After he had made some apologies for his staying out, he went to his room, I went to mine; the maid was making my bed. She said the captain, meaning the prisoner, has taken a pen out of your inkstand. She had hardly spoke these words before he return'd with the pen in his hand, and said Mr. Nowell, I hope you'll excuse the freedom I have taken in taking your pen out of your room; he perceiving some knit breeches pieces lying on the table, ask'd me if I dealt that way. I said I bought them for friends in the country; he ask'd me if he might have a piece, I told him he might, he chose out three of them, and ask'd me the price, I said eight shillings each; he desir'd me to put them aside for him. He took out some silver from his pocket, and said he had not cash enough; but I have a note upon my agent if you can give me cash for it. I told him I could not conveniently: he said I should have receiv'd this money on Saturday: but I did not choose my agent should know of my being here, least the lieutenant colonel should know of it. He ask'd, who it was best to send it by, I said a porter if it was one that he knew; he said I am a stranger in town. Then I said you had better employ a ticket porter; he shew'd me the note (produc'd in court) this is it. Pray, sir, said he, are not you going to that part of the town. I said I believ'd I might in the afternoon; then sir, said he, I should be oblig'd to you, if you'll please to take it and receive the money for me. I said I would, and took the note with me; but whether I call'd that afternoon or the next day I am not certain. When I came to my lodging, Mr. Richford told me he had receiv'd a letter from the captain, desiring to know whether I had receiv'd the money for the note, if I had to bring it him to the Five Bells tavern, near the New Church in the Strand, where I went and paid it to the prisoner, deducting twenty-four shillings for the breeches pieces; having receiv'd it of John Colecraft , Esq; and gave a receipt for it. (Here it is on the back of the bill.) He reads, receiv'd for Thomas Gordon , witness, Robert Nowell . Mr. Tindall being in the kitchen, call'd him by a name which I took to be Gordon, and on my seeing some letters of the prisoner's lying on the table, to captain Thomas Gordon , which he took out of his portmanteau. (The bill read)
Conventry, Feb. 1. 1758.
On sight hereof, please to pay to Mr. James Ellis , or order the sum of forty pounds, value receiv'd, and place it to the recruiting account, by your humble servant James Goring , captain of the twenty fourth regiment of foot.
Q. Was not you yourself sometime charged with this?
Nowell. I was.
Q. Should you imagine if he had known this bill, to be a forg'd bill, that he would have met you at the Five Bells tavern ?
Nowell. From the bill I had no doubt, but that it was a fair bill; it might have deceived any man in the course of business.
Q. Did you meet with the prisoner at the Five Bells tavern ?
Nowell. I did, as Mr. Richford had given an account of.
Q. Do you know what regiment the prisoner belongs to?
Nowell. No; only by the bill, and that I took to get the money for him as he was a stranger.
Q. Look at this Bill, (he takes it in his hand.)
Massey. I paid this bill.
Q. Who does this import to be drawn by?
Massey. By one captain Goring.
Q. Does it look like captain Goring's handwriting?
Massey. At first I did not observe it, but now I know it is not his hand-writing.
Q. Have you effects of captain Goring in your hands?
Massey. We have?
Q. Have you seen him write?
Francis. I have.
Q. Do you know his hand-writing?
Francis. I believe I do.
Q. Look at this bill.
Francis. I think this is not his hand-writing.
Q. have you seen him write his name?
Francis. I have very often: I never saw him write his christian name at full length as here.
Q. Supposing the christian name was not at full length, is there any thing different from his?
Francis. I do not think it is at all like his handwriting: I should not take it to be his writing.
Q. Supposing the initial letter of his christian name had been here alone, should you not have taken it to be his hand-writing?
Francis. No; I should not.
Q. Are you well acquainted with his handwriting?
E. Goring. I am extremely well acquainted with it: I have seen him write often.
Q. What is your opinion of this? (She takes it in her hand).
E. Goring. I think this very different from his hand-writing; I don't believe this to be his writing. I never knew him to write his name, James, at length.
Q. Have you any other Reason to believe it is not his hand-writing?
E. Goring. I believe I should not have taken it; it might have gone unobserv'd, according to his own letters which I have here, I don't think it is his hand-writing.
Q. Supposing the word James was not wrote at all, and Goring only wrote, should you have known it not to be his hand-writing?
Q. Have you seen him write?
Grayson. I have only once, that in Feb. 1757.
Q. What did you see him write?
Grayson. I saw him write his own name; he gave an order on the agent for the payment of money.
Q. Look at this bill. (He looks at it.)
Grayson. I can't say it is quite like his handwriting, I have here of his, (producing another bill).
Court. Compare them together; it appears the word place to account, in both are spelt alike, pleace.
Grayson. (He looks on both.) They are spelt alike, but I can't pretend to say, having seen him write but once. (They jury look at them both.)
Q. Where do you live?
Richford. I live in Lawrence-lane by Guild-Hall, I suppose the prisoner asked him if he
Q. While he was at your house did you receive a letter from him?
Richford. I receiv'd a letter from him, setting forth he should not come home that night; and, he in it, desir'd I'd tell my lodger, he expected he would send the two pieces: (which I apprehended to be the knit breeches pieces) he mentioned nothing of money in it. I remember his saying Mr. Nowell had forty pounds of his.
Elizabeth Solomon . I was servant to Mr. Richford, when the prisoner was at our house; he went by the name of the Captain. I was once making Mr. Nowell's bed, and the captain came into the room and borrow'd his pen and ink; he ask'd where the gentleman was that belong'd to that room; I said, I believed, he was in the shop. Mr. Nowell came up, and they stood talking together a good while. I look'd into the room again, and saw the prisoner holding a piece of paper, as if he was going to give it Mr. Nowell, but I did not see him deliver it. I remember his coming in and asking my master if he had seen Mr. Nowell; and, I think, my master said he had not seen him since morning; the captain said he had given him a no te, and he must go and see for him.
The prisoner was ask'd if he had any thing to say in his defence? He said he had nothing to say.
Guilty of publishing it, knowing it to be forg'd , Death .
190 (L.) William Currell was indicted for stealing, one 36 s. piece, one moidore, one guinea, one 18 s. piece, and 4 s. in money numbered, the money of Francis Cheshire , privately from his person , March 5 . ||
Francis Cheshire . I had left one moidore, one thirty-six shilling piece, one guinea, and one eighteen-shilling piece at the Three Tuns in Dark-house-lane . I went to receive it on Sunday, March the 5th, of Mr. Kempson, who keeps the house, in whole custody I left it, he delivered it to me. After dinner I went into a little parlour to sleep, as soon as I had my nap out, I missed my money out of my breeches pocket. I ask'd the people of the house who had been with me, saying I had lost my money; they said, then it must be the prisoner that had it, for nobody had been in that room with me but him; then I accused him with taking it, he would not own it; then I gave Mr. Pyke, the constable, charge of him: after some time, Mr. Pyke told me the prisoner had confess'd he took it, and had shewn him where it was and he had got it, and has it now in his custody to produce.
Q. Do you know any thing of the prisoner's coming into that room to you?
Cheshire. I know nothing of that any farther, than the landlord's son told me so.
John Pyke . I was constable of the night. The 5th of March, Francis Cheshire , the prosecutor, brought the prisoner at the bar to me to the watch-house, and gave me charge of him. I talk'd to the prisoner about half an hour, at last he confessed to me he took the money out of the prosecutor's pocket, and said, if I would go with him, he'd give me the money; which was a thirty-six shilling piece, one twenty-seven shilling piece, one guinea, an eighteen shilling piece, and four shillings in silver.
Q. Did he tell you what the prosecutor was doing at the time he took it out of his pocket?
Pyke. No, he did not.
Q. Did he say the prosecutor was asleep at the time or awake?
Pyke. He did not say either; I went along with him and took two watchmen with me, there he shewed me where he had hid it in Dice's Key gateway, in a hole in the wall, done up in two rags; there I found a thirty-six shilling piece, a twenty-seven shilling piece, a guinea, an eighteen shilling piece, and four shillings in silver, then I sent him to the counter; and after that, I took him before Mr. Alderman Bethel, and he committed him to the counter again.
Q. What did he say for himself?
Pyke. He said it was the first time that he ever did such a thing.
In the first place, on that Sunday morning, my prosecutor was drinking, he gave me a draught of beer, and I was a little fuddled, and I laid me down to sleep in the same room. I happened to be awake before him, and by the glimpse of the candle, I saw some money lying on the ground. I took it up; as to picking his pocket, I never
Q. to prosecutor. Who was in the room with you when you went to sleep?
Prosecutor. There was nobody but myself in the room while I was awake, neither was any body admitted there with the landlord's knowledge.
Q. Do you know that the prisoner found any money on the floor?
Prosecutor. I know nothing of that; I had five pennyworth of halfpence when I went to sleep, and when I awak'd I had but four pennyworth, and I found the prisoner had been at another alehouse, and had had a pennyworth of purl and paid for it; and a little before he had no money, and was forced to borrow a half-penny.
Q. to Pyke. Did the prisoner say where he had the money?
Pyke. The prisoner told me he took the money out of the prosecutor's pocket.
Henry Chinner . The prisoner sometimes works at the wharfing-work on galley-key , and I am a watchman to take care of the warehouses, for the company of wharfingers. About 9 o'clock at night, on the 9th of March, I was on my duty, and saw three men come quick out of a warehouse, the prisoner was the last of them; he had a hard knob of sugar under each arm, he dropped them, and ran away. I could not take him, so I came back and took up the sugar.
Q. What goods were in that warehouse?
Chinner. There was sugar, and of the very same fort which the prisoner dropped.
Q. Whose property?
Chinner. The property of Mr. Samuel Turner , when I went into the warehouse, I saw a large cloth by a hogshead of sugar that had the top taken off; there was a quarter of a hundred and sixteen pounds of sugar on the cloth, which they had not time to take away. I knowing the prisoner, went and inquired for him of the officers at the Tower, and they delivered him to me, and I carried him before my Lord-mayor; there he was examined, he denied it at first; but at last wanted to turn evidence.
Q. Did he own he took the sugar?
Chinner. He told us who were there, and did take it, but we cannot find them; his wife came to me since to go to him to the counter, and then he wanted to be admitted an evidence, and desired me to lessen the weight of the sugar upon his trial, and said he could make up the value of a guinea, if I would do that.
Q. Are you sure he is the man that dropped the sugar, for it was dark at that time?
Chinner. I had my lanthorn in my hand, and he came out side-ways to me; and I knowing him well before, am very certain he is the man.
William Lickus . I am a watchman: mr. Chinner called me, and said he had a warehouse broke open. I went with him to the warehouse, we found the staple of the door drawn out, the door open, and a cloth lying on the floor with a good deal of sugar in it; he shewed me the two pieces that he said he picked up; we found an old hat in the hogshead of sugar. (Produced in court.) It is a very remarkable cropped hat; I have seen the prisoner at work with this on, many a time.
I was at home in my bed from 7 that night till 11, I never saw that hat in my life; this is the hat I worked in. (Producing another.)
For the prisoner.
Q. Do you live in the same house with him?
Bannister. No I do not; but I do not live a great way off; I was at his lodgings on the 9th of March last, I went about half an hour after 7 in the evening, I staid talking with his wife.
Q. Was he at home.
Bannister. He was.
Q. What is your business ?
Bannister. I have no settled business: I call there very often.
Q. Had you any business there that night ?
Bannister. No, none in particular.
Q. How long did you stay there?
Bannister. Till just on the stroke of 10, as high as I can remember.
Q. How came you to be so particular as to know it was the 9th of March?
Bannister. His wife came the next morning, and told me he was in trouble; so I remember it.
Q. to Chinner. When was the prisoner taken up?
Q. to E. Bannister. What time did the prisoner's wife come to you that morning?
Bannister. It was about 1 or 2 in the day; I cannot say particularly the time.
Q. How came you to be so particular as to half an hour after 7.
Bannister. Because they were going to have a bit of victuals for supper, and they desired me to go for a pot of beer; he was in bed when I left him.
Q. What time did he sup?
Bannister. I cannot tell.
Q. Was he well or ill?
Bannister. He was very well.
Q. How came he to go to bed so soon?
Bannister. He gave no reason for that.
Q. What time did he go to bed?
Bannister. I believe he went to bed about a quarter of an hour before I came away; his wife told me she was going to washing.
Q. Where did you eat your supper?
Bannister. In that room.
Q. Did he undress himself while you was in the room?
Bannister. He did, behind the curtain.
Q. What day of the week was the 9th of March?
Bannister. It was on a Thursday.
Q. What is his general character?
Mallop. His character was exceeding good; he suttled for the camp both at home and abroad; he never was punished neither at home nor abroad, to my knowledge; he is in the same regiment with me, but not in the same battalion; he went a volunteer into another, when the volunteers went abroad, and he was of very great service to us abroad; he has a family, and has endeavoured hard to bring them up.
There were four other serjeants gave him the same Character.
192. (L). Sarah, wife of Abraham Wise was indicted for that she, on the 25th of March , being servant to William Vaughan , who upon trust and confidence in her, trusted to her as his servant six guineas the money of the said William, safely to keep, the said Sarah, the same day of the year, withdrew herself from her said master with an intent to steal the same, and convert it to her own use . +
Rebecca Anne Vaughan . My husband's name is William. I have known the prisoner nine years, she lived with me twice. On Easter evening I trusted her with six guineas to get changed into silver, and told her if she could not get it all changed, some half guineas would do. I never saw her since till now.
Q. What is your employ?
R. Vaughan. I keep a publick house in Cheapside.
Q. Have you had any of your money again?
Vaughan. I have had a guinea and a half since.
Edmond Davis . I am constable. On Monday last, about two or three o'clock, Mr. Vaughan brought me a warrant from my Lord-mayor, backed by Mr. Pen. We went into Swan-alley and found the prisoner, there he gave me charge of her. I asked her what she had done with the six guineas; she said she had made use of one. I asked her where were the rest; she took out some money in a paper from her breast, and delivered it to me; when it was opened there were a guinea and a half of it. She said she had but three farthings more, having purchased two shifts, two handkerchiefs and three aprons.
The prisoner did not say any thing in her defence.
193. (M) James Cotes was indicted, for that he in a certain field, or open place near the king's highway, on James Dunier did make an assault; putting him in corporal fear and danger of his life, and stealing from his person one silver watch, value 3 l. his property , Feb. 27 . ++
James Dunier . I am a Frenchman . I was in Marybone fields, near Cavendish-square about ten o'clock at night. On Monday the 27th of February, I was attacked by a man in a soldier's dress, who presented a horse pistol to me, and said if I mov'd I was a dead man. - Your money - and he swore a second time if, I spoke I was a dead man. I spoke only one word, which was nothing: I put my hand in my pocket and took hold of the chain of my watch, he said I must have your watch, upon seeing the chain. I was going to deliver it, he took it himself before I drew it out, he pushed me with the other hand at the same time, and said go along.
Dunier. This put me in foar indeed. I was going to give him my money also, but he ran away.
Q. Do you know the person that took the watch?
Dunier. I did not see his face so as to know it. As I was going away, I saw two men and told them I had been robbed of my watch; but they gave me no assistance at all.
Q. How far distance from the place where you was robb'd?
Dunier. About twenty paces distance.
Q. What sized man was it that took your watch?
Dunier. He was a tall man in soldiers cloaths. I went next morning to justice Fielding, and told him I had been robb'd of my watch, and the name and number, about 8 o'clock over night, by a tall soldier about thirty-five years of age. The justice told me if he heard any thing of it he'd let me know. The next day I received a card from him to come to him directly, and that the watch was found. I was robb'd on the Monday, and he sent for me the Wednesday after. I went, he sent for the prisoner; but before the prisoner came he shew'd me a pocket-pistol: it was the same size of that which was presented to me; after that the justice sent for the pawnbroker, who brought my watch, the chain was gone; there was in the watch a little paper that I cut myself: the watch I well knew, having had it above seven years; the prisoner was afterwards produc'd, he is of the same size; but I will not swear to the man, only seeing his face as it were like lightening, and it was dark; the pawnbroker said he had the watch of the prisoner at the bar.
Q. What did the prisoner say to that?
Dunier. He said he bought it of a Jew in the high road.
Q. to Prosecutor. Look at this watch, do you know it?
Prosecutor. This is my property, the same I lost that night.
Humphrys. On Tuesday the 28th of February last, the prisoner at the bar brought this watch to my shop, and ask'd me to lend him a guinea and a half upon it.
Q. How was he dressed then?
Humphrys. He was in soldiers-cloaths. I ask'd him whose it was? he said it was his own. I said I could not lend him any money upon it, till he could bring somebody to make it appear it was his own; he went away and came again, and brought another man to his character, who said he believed it to be the prisoner's own watch; I said that would not do.
Q. Had you stopped the watch at his first coming?
Humphrys. I had. He told me where he lodged. I went to inquire about him but could not find his lodging; he came again, and upon seeing me he went to go away. I took hold of the skirt of his coat and pulled him into my back parlour, and told him he must go before a justice of the peace, to make it appear it was his own property, before he and I parted.
Q. What time was this?
Humphrys. This was betwixt five and six in the afternoon. When we were in St. Martin's-lane, he wanted to go and have some beer; I said when we were got a little farther he should have beer enough. Presently he got away from me, I took hold of him again, and said he should not go till we had been before the justice. I took him before justice Fielding; there Mr. Fielding's clerk told me Mr. Dunier had been there the night before, and said he had been robbed of such a watch; the prisoner was committed that night, and the next day carried before Mr. Fielding again: then Mr. Fielding ordered a man to go with me to the prisoner's lodging which we did, and there we found a horse pistol loaded. I was sent for to Mr. Fielding's the next day at one o'clock, there was the prosecutor; I shewed him the watch, he said it was his: Mr. Fielding sent for the prisoner, but I was not by when he was examined. I went away and was ordered to come again at three o'clock. (The horse pistol produced in court) The prisoner said the night I took him, he bought the watch of a Jew in Holbourn, before justice Fielding.
Q. Did you know the prisoner before he brought the watch to you?
Humphrys. No; I never saw him before to my knowledge.
Q. Are you certain he is the man that brought the watch to you on the 28th of February?
Humphrys. I am.
Q. to the prosecutor. Was there any body along with the man that robbed you?
This watch I bought of a jew in Oxford Road, and that is what I told the pawnbroker. He was a tall swarthy black man, with an old red coat on, much like a jew, if he was not one. I first bought a pair of sleeve buttons of him for a penny: he seeing me have some money, asked me if I would buy a watch; I asked him what he would have for it, he said three guineas and a half for it; I bid him two guineas, and at last we agreed for two guineas and a half. There was nothing to it but a bit of packthread and a key. As to this pistol, that is the property of serjeant Davis, he gave it me to clean for him, he has been dead about six weeks, so I kept it, knowing hi s wife had no occasion for it.
For the prisoner.
Ormond Lord . I have known the prisoner about a year and half; I belong to the same regiment as he does, the second regiment. Last Monday was five weeks I was in company with him, at Mr. Spicer's, at the Two Brewers, near St. Giles's Church, a public-house, from a little after five in the afternoon, till ten at night.
Q. How can you be particular as to the day?
Lord. I was going to inlist a young man from out of the country that day.
Q. During this time from five to ten, was the prisoner with you the whole time?
Lord. I can't say he was with me the whole time, he was out twice, but not longer than a quarter of an hour at a time.
Q. What were you doing all that time?
Lord. We were drinking.
Q. Were there any other person in your company?
Lord. There were only he, I, and another man, who came out of Hertfordshire. We parted all at the door; I don't know where he went?
Q. What might the prisoner spend?
Lord. I spent about 18 d. and the prisoner the same.
Q. What did the Hertfordshire man spend?
Lord. I do not know.
Henry Myers . I live in New Brook-street, near Bloomsbury-Square, near the watch-house. I was going up Tyburn-Road last Monday was five five weeks; the prisoner was buying a pair of buttons of a jew, in a dark red cloak; they asked me to change a six-pence, I did, the jew asked him if he would buy a watch.
Q. Whereabout was this?
Myers. This was just before you come to Oxford-market. The jew asked three guineas and a half for the watch; they could not agree, the jew came to three guineas, the soldier bid him two and a half, they agreed for that.
Q. What time of the day was that?
Myers. I believe this was about ten o'clock in the morning, as near as I can guess.
Q. How long have you been acquainted with the prisoner?
Myers. I never was acquainted with him; I was going of a message.
Q. Did you never see the prisoner before?
Myers. I never saw him before nor since till now?
Q. How came you to find him out?
Myers. Because he described me to his wife, what sort of a man I was.
Q. How describe you?
Myers. He said there was a lame person by, so she found me.
Q. Are there no other lame persons besides you in that part of the town?
Myers. I don't think there is a man with such a foot as mine, and to go with a stick as I do.
Q. How came she to find you?
Myers. I work about Holbourn, and she was coming by, and ask'd me if I did not go up Tyburn-Road such a day; I said yes.
Q. What is your business?
Myers. I go of messages in Holbourn and Southampton-street, and clean shoes.
Q. Did you look at the watch?
Myers. No, but I saw it had a key and a bit of packthread to it.
Q. What sort of a watch was it?
Myers. It was a white watch.
Q. from prisoner. Did you not pick up a paper that dropt out of the watch when I was buying it.
Myers. Here is a piece of paper, (producing it.)
Q. Had you no acquaintance with the prisoner before this?
Myers. I had not till I was subpoened to come here.
Myers. His wife did.
Q. to prosecutor. Look at this paper do you know it?
Prosecutor. There was such a one in my watch when it was taken from me.
Q. to Myers. Had you not this paper from the prisoner?
Myers. No, I had not, I picked it up just before you come to Oxford-market; it lay on the flag-stones just by a door.
Prosecutor. There were two papers in my watch, one of them my own cutting and this.
Q. Which lay uppermost?
Prosecutor. This lay uppermost.
Q. to Myers. How came you to preserve this paper for five weeks together?
Myers. I put it in my pocket with the six-pence.
Q. Where has it been since?
Myers. I have had it in my pocket ever since.
Q. Have you seen the prisoner since?
Myers. I have since I was subpoened.
Q. How did he know that you had that bit of paper?
Myers. I told him there was something that fell out of the watch at the time; he said it does not signify, it was good for nothing.
Q. Had you any instruction from him to preserve this paper till to-day?
Myers. No, I had not.
Samuel Franklin . I have known the prisoner between nine and ten years. After the rebellion he came into the first troop of horse grenadier guards, I was in the same troop, but now I am in the second troop of horse guards, my lord Cadogan's troop; I always took him to be a very honest man.
Q. How old do you think he may be?
Franklin. I imagine he may be about thirty years of age. I have had 10, 20, 30, or 40 l. by me at a time, and he has seen where I used to put it; I have gone down to Bristol, and he has had opportunities of stripping me, if he would, he never took any thing of mine, was he out now, I would trust him as before. I know there are several more would have come to his character, had he been tried to-morrow, that could not come to-day.
Guilty , Death .
Myers was asked, after the verdict given, if he was certain to the time he saw the watch bought by the prisoner, be answered he was certain it was the last Monday was five weeks, at about ten in the morning, as before; he was committed to Newgate to be tried for wilful and corrupt perjury.
194. (L.) Mary Jervice , widow , and Catherine Miller , spinster , were indicted for stealing one duffil cardinal, value 8 s. the property of Edward Nicklen , and Lomas Ryder , privately in their shop , October 26 . ++
Q. When ?
Butcher. I can't say how long it is ago, it may be three quarters of a year ago; we have been in confinement, on the other side the water, between six and seven months, and it was some time before we were in confinement. There were four of us, the two prisoners and Mrs. Ingram, and myself. We went into a shop in the Cloysters; we asked to look at a gown, but did not intend to buy any.
Q. What was your intention in going in?
Butcher. We went in in order, if we could have an opportunity to take any thing out of the shop, to take it. This we had agreed upon before, Mrs. Ingram took a scarlet duffil cardinal, and she carried it home into St. Thomas's, on the other side the water.
Q. Did either of the prisoners see it taken?
Butcher. Miller knew it was taken, when we came out of the shop.
Q. What was done with it afterwards?
Butcher. I pawn'd it for 8 s. in Joyner's-street, in a court. I can't tell the pawnbroker's name; the constable went and got it by my describing it.
Q. Was you taken up for this fact?
Butcher. No, I was taken up on another fact, on the other side the water, and on my confession, the justice sent to the prosecutor, and let him know of it. (The cardinal produced in court.)
Q. Look at this cardinal, (she looks at it.)
Butcher. I can't swear to it, it was like this.
Q. to Nicklen. Do you know this cardinal?
Nicklen. I know it is like our make, but one may be like another. This Butcher said before the justice, she pawn'd it the very day they stole it.
John Spencer . I am servant to the prosecutor, I do not remember any thing of the prisoners. This cardinal, (taking it in his hand ) was one of our cardinals, it is a duffil one.
Q. Can you tell whether it has been sold or not?
Spencer. I don't know but it might be sold, it is new.
Q. Where did you find this cardinal?
Quare. I found that at a pawnbroker's in Joyner's-street, by the direction of the evidence.
Walter Brooks . I am a pawnbroker, (he takes the cardinal in his hand) this cardinal Elizabeth Butcher brought to my house, and told me her name was Elizabeth Thomas, and said it was her own, and asked 8 s. on it, and I let her have it.
Q. When did she bring it?
Brooks. She brought it October 26, 1756. here is the date upon it.
I am as innocent as the child unborn, I never was at that shop, nor do I know where it is.
Q. Do you know it to be your property?
Nicklen. It was cut out in a particular manner, we never sell them till they are quilted up. When I was before justice Clark on the 17th of September last, I saw the two prisoners at the bar, and the evidence; she there gave an account of a great many things which she said they had stole, which I believe to be ours.
Q. Did you see the petticoat there?
Nicklen. I did.
Q. Was that part of the goods she said they had stole?
Nicklen. It was, ( produced in court.)
Q. Can you say this is your property?
Nicklen. There may be another like it, we never sell them thus, it must be stole if it went out of our shop in this condition, being unfinished, I will not swear to it.
Q. What did you do with the petticoat?
Butcher. It was carried home.
Q. Who is this Ingram?
Butcher. She is my sister, she is transported.
Prosecutor. That skirt of the coat was found among many other things, and as they said they bought it, we delivered it back again.
Q. to E. Butcher. What was done with the pettycoat after you carried it home?
Butcher. Mrs. Ingram pawn'd it, and we divided the money.
Both acquitted .
Q. Where did you live ?
Compson. We liv'd in Smock-Alley, I know nothing against the prisoner, I don't know that ever I saw her in my shop.
Q. Did you ever miss any silk?
Compson. I can't say I miss'd it, I found some silk in the constable's hands last September, ( produced in court.)
Q. Can you say this is your silk?
Compson. It is like a silk that we had that I can't recollect was ever sold, I have no entry of it in my book as being sold.
Compson. I was informed by Mr. Nicklen of it, that Butcher had confess'd it.
Q. Where is the prosecutor's shop?
Butcher. I shew'd the constable the shop; Catherine Miller took the silk while we were looking at a gown. This is the same here produced. She was the first that went out of the shop, and went home directly. Mrs. Ingram said after we came out, she believed she had got something, which she thought to be silk; and when we got home, she was there with it. Mrs. Ingram measured it there; there was about 15, or 16 yards of it; Mrs. Ingram and I went with it to the pawnbrokers, and she pawn'd it.
Q. How much is there of it?
Bunn. There was 14 yards of it.
Q. What did you lend her upon it?
Bunn. I lent her a guinea on it, after that they came with a search warrant, and took it away.
195. (M.) William Dannald and Robert Parsly were indicted, the first for stealing one breast of veal, value 18 d. the property of Henry Street ; and the other for receiving the same, well knowing it to have been stolen , Feb. 26 . +
John Urcourt . I am a watchman. On the 26th of February, a little after 2 in the morning, I was doing my duty, the beadle and I were going by the lower end of York-street, St. James's Square, we saw Parsly with a basket on his shoulder; it appeared to me to be full. Dannald had three legs of mutton, two of them were in an apron over his shoulder, the other on his right arm; they went up the street by us, I saw the legs of mutton had not been chopped; I began to feel on them, he let them fall on the ground; the other watchman laid hold of Parsly, we took them both to the watchouse, and wanted them to give an account to the constable how they came by this meat. When the constable examined the basket which Parsly had, there was a breast of veal, a shoulder of mutton, and part of another shoulder.
Q. What had Dannald about him?
Nicholson. I cannot tell; I know there was something in the basket.
Both acquitted .
196. (M.) They were a second time indicted: Dannald for stealing one shoulder of mutton, value 12 d. and part of a shoulder of mutton, value 4 d. the property of William Harman , and the other for receiving the same, well knowing it to have been stolen , Feb. 26 . +.
John Miller deposed, he was before justice St. Lawrence, and saw the three legs of mutton found upon the prisoner; and that they were his property, which were hanging up separate in St. James's market on Saturday the 25th of Feb. at night, and on the Sunday morning he missed them.
The prisoner said nothing in his defence, but called Mr. King who had known him twenty years; Robert Brazer fourteen months; James Butler between three and four years, and Edward Hutchins about a year who all gave him a good character.
Guilty 10 d.
198. (M.) Elisabeth Griffith , otherwise Ann Ash, otherwise Esther Evans , was indicted for stealing one cotton gown, value 5. three aprons, two handkerchiefs, two quilted petticoats, one linen shift, and one pair of sleeves , the goods of Mary Owen , spinster . ++
Q. Were there any other bed in that room besides the bed you both lay in ?
Q. How long had you lived together?
Owen. From the Saturday till the Tuesday; the woman where I lodged, said she was an honest girl.
Q. Did you ever lend her any of these things?
Owen. I only lent her one apron; she took two of my aprons besides that; she quitted her lodgings, when I missed the things, and I happened to meet her in the street about a week afterwards; she had my gown and one apron on at the time. At first she denied the gown to be mine; but at last she owned it was mine. I charged a constable with her, and found the other things afterwards in St. Gyles's; I lodged in Holbourn, and found her in St. Gyles's.
John Ford . I am constable. The prosecutrix came to my house, and desired me to go with her to take the prisoner in custody for robbing her of her cloaths. She said there were some woman had detained her till she found a constable. I went with her to a house, where were many women; they asked me what business I had there, and where was my warrant. I had nothing but my pocket-staff. They w anted me to let the prisoner run away. The prisoner delivered all the things to me but the shift which was on her back. I turned my back, and she pulled it off, and delivered it to me; the prisoner picked out the things from amongst others of her own, and said to the prosecutrix, these are your things. ( Produced in court, and deposed to by the prosecutrix)
I know nothing at all of them; I was coming along Chancery-lane, and met an old woman; she asked me where I came from, I said three miles from Shrewsbury; she said she came from Worcestershire; she bid me call where she lived, and drink a dish of tea; I went there, and drank a dish of tea; she asked me to come and lodge there; I told her I paid 12 d a week where I was, and worked plain work; I proposed to go there on the Saturday, but I did not go. I never lodged in that house in my life; that is, the house where she says I lodged.
Q. to prosecutrix. Did the prisoner and you lodge in one house together?
Prosecutrix. I am sure she lodged with me; it was at the house of an elderly woman, an acquaintance of mine; she did once live with my father in the country.
Q. What country?
Prosecutrix. I came out of Shropshire.
Q. Did you know the prisoner in the country?
Prosecutrix. No, I know nothing at all of her; I came to London for a service; I got a place; but at present am out of place, and so I was when I lost my things.
Q. Where have you lived in London?
Prosecutrix. I lived with Mr. Dent in Cary-street.
Q. What account did the prisoner give of herself, when you lodged together?
Prosecutrix. She said she came from Shrewsbury, but I had not much conversation with her, being backwards and forwards to my relations to get a place.
Prisoner. I had been about two months in London.
William Green and Jeremiah Bailey , capitally convicted for highway robberies, and Joseph Wood , for high-treason in December sessions: Samuel Ong , John Davis , and John Allen , for a highway robbery, Joseph Wheeley , for stealing goods in a dwelling-house, and Alice Davis , for high treason, in Jan. sessions, were all executed, pursuant to their respective sentences, on Friday the 31st of March.
Received sentence of Death 6.
To be transported for seven Years 17.
Mary Rustin , Henry Goddey , Eliot Singer, William Chamberlayne , Thomas Woodey , John Martendale , Jane Hudson , Charles Mead , John Moreene , John Beal , Robert Bray , John Greagen , William Bloomer , Margaret Cameron , Robert Davis , Mary Dunning , and William Dannald .
To be whipt 1.
To be branded 2.
William Green and Jeremiah Bailey , capitally convicted for highway robberies, and Joseph Wood , for high-treason in December sessions: Samuel Ong , John Davis , and John Allen , for a highway robbery, Joseph Wheeley , for stealing goods in a dwelling-house, and Alice Davis , for high treason, in Jan. sessions, were all executed, pursuant to their respective sentences, on Friday the 31st of March.
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(The Third Edition corrected )
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