In the Thirty-second Year of his MAJESTY'S Reign. NUMBER VI. for the YEAR 1758. Being the Sixth 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, for the City of LONDON, and at the General Sessions of Gaol Delivery of Newgate, holden for the said City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.
BEFORE the Right Honourable Sir CHARLES ASGILL , Knt. Lord-Mayor of the City of London; the Hon. Sir THOMAS PARKER , Knt. Lord Chief Baron of the Exchequer *; the Hon. Mr. Justice BATHURST, one of the Justices of the Court of Common-Pleas +; the Hon. Mr. Justice WILMOT, one of the Justices of the Court of King's-Bench ||; 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 * + || ++ direct to the Judge by whom the prisoner was tried; also (L.) and (M.) by what Jury.
219. Margaret Buranna , spinster , was indicted for stealing one woman's gown and sack, value 10 s. one brass pan, and one silver tea spoon, value 18 d. the goods of Peter Hickey , to which she pleaded guilty .
William Robinson . On the 10th of this instant June, I was in the Fleet-market , I found something at my pocket; I turned and looked over my shoulder, and saw the prisoner at the bar close by me; I felt in my pocket, and missed my handkerchief; he made through the crowd, I followed him, and when I was at Holbourn-bridge, saw him run up Holbourn, I called out stop thief, and set on running. He was soon stopped, and my handkerchief was found on the ground near him, and delivered to me, ( producing a silk handkerchief.) This is my property, here is the mark my daughter made upon it.
Q. In whose custody has it been since?
Robinson. In my custody.
Q. Did you see him drop it?
Robinson. I did not.
Q. How long before you missed it, had you it in your pocket?
Robinson. I was but just come from home, and used it I was coming down from Gray's-inn.
Thomas Walker . I saw the prisoner at the bar running up Holbourn, and hearing the cry of stop thief, there were a great many people after him. As soon as he was laid hold of, I saw this handkerchief drop from him.
Q. What are you?
Walker. I keep a brasier's shop at the corner of Field-lane, Holbourn, and was standing at my own door at the time I first saw him.
Q. Could any body else have dropped the handkerchief do you imagine?
Mary Newman. The prisoner came to wash for me about a month ago. I went out for some beer, and left a gold-ring set with garnets hanging on a hook by the fire-place, she being then alone in the house, I suppose took it, for I missed it directly after she was gone.
Q. Did you ever see it again?
Newman. The prisoner told me she had given it to her sister, but first she absolutely denied knowing any thing of it.
Q. Was the prisoner gone before you returned?
Newman. No, she did not go away till she had done her work.
I picked the ring from off the ground, and thought it had been a brass one, so I put it in my pocket, and gave it my sister.
Guilty, 10 d .
222. (M.) Robert Finley , and Judith his wife , were indicted, for that they on the king's highway, on Anne Sennet , widow , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one 36 s. piece of gold, one 27 s. piece of gold, one 3 l. 12 s. piece of gold, and two guineas, the money of the said Anne, &c . June 19 . *
Anne Sennet. I came up to London to look for a daughter. I had been at London-bridge on Sunday last, and coming into St. Giles's, I went into an alehouse, this man at the bar was sitting there, he said I think you are a country woman of mine; I said I cannot tell that; he said he knew I was; then he asked me to drink with him; I said I had called for a pint, so as I had drank with him, I made him drink with me; then he said he had seen me at Derby, and desired I would call upon him at his lodgings, at one Mr. Welch's in Church-street . This was about eleven o'clock on that Sunday night; I eat a little victuals with him; I said I wanted to buy a pair of shoes; he said his wife wanted a pair too, but he could not afford to buy her a new pair, he would buy her a pair of second hand ones. We went and bought a pair of new for me, and a second hand pair for her. We walked about till night; he had seen me draw out half a guinea from my pocket, to pay for a reckoning. I was then for going to my lodgings, he said there were such riffraff sort of people about, that would rob me, and they carried me bodily up to their own garret, where they lay. When I saw what a poor sort of a destitute nasty place it was, I would not stay; then they said they would conduct me to where I lodged. They had made me pull my shoes and stockings off; I left my stockings behind me; they both came down stairs with me. When we were walking along, he put his hand into my pocket, and said you will be robbed, give me this money.
Q. What time was this?
Sennet. This was about eleven at night; I said no body will rob me.
Q. Did he take your money?
Sennet. He did, he took all I had, which was a 3 l. 12 s. a 36 s. and a 27 s. piece, and two guineas.
Q. Did you endeavour to prevent him?
Sennet. I did, from putting his hand in, but could not.
Q. Did you call out?
Sennet. I did not, I was afraid of being used ill, and being a stranger in the city, I desired him not to take my money.
Q. What country woman are you?
Sennet. I come from Liverpool. I went to my lodgings, and said nothing of it till morning, then I went to their lodgings, and the woman where they lodged, told me she believed they were run away, and that in her debt for a week's lodging. I ran out immediately, and by inquiring found one had gone from the door one way, the other the other way. I ran the way I was informed the man went, and soon met with them both together; he ran away upon seeing me; the woman got a parcel of woman to mob me, and there they spouted water upon me, and called me many such names, that I am ashamed to mention, so that I was ashamed to stay in the street. When I asked her where her husband was, she said he was here and there and every where. I insisted upon having my money, then she said her sister-in-law would help me to it. I went with her, and we found one who said she was her own sister;
Q. When was the man taken?
Sennet. He was taken last Sunday.
Q. Did the woman assist in the taking your money from you?
Sennet. She did, she got hold on me at the same time that he took it.
Q. from R. Finley. Did not I drink with you in Derbyshire ?
Sennet. I do not know that you ever did; you told me in London you had seen me at Derby.
R. Finley. She is as vile a drunken woman as any in England, she wanted to lie along with me, and my wife came and catched me upon her, in my room that night.
J. Finley. I did catch her and my husband in an indecent action.
Prosecutrix. These are all lies.
John Blyth . I am a constable, last Sunday I was sent for to the house of one Flannagan, at the Hampshire hog, St. Giles's, there was the man at the bar; I was ordered to take him into custody, I searched him, and found a 36 s. piece and two guineas, (producing them) upon him, which he acknowledged to be the prosecutrix's money.
Q. Was the prosecutrix there at the time?
Blyth. She was.
Q. Had she charged him with robbing her?
Blyth. She had.
Q. What did the prisoner say for himself?
Blyth. He said she gave him the money. I asked him what he had done with the 3 l. 12 s. he said he had changed that in St. Paul's-churchyard, and it wanted 3 s. of weight; then I said what have you done with the 27 s. piece, he said he knew nothing of that.
R. Finley's defence.
The woman really gave me the money, she wanted me to leave my wife and child, and go and live with her. R. Finley guilty of felony only , and J. Finley acquitted .
223. (M.) Dorothy Introdure , widow , was indicted for stealing one silk petticoat, val. 6 d. one Holland sheet, six linen aprons, one linen table cloth, and one linen handkerchief , the goods of Mary Manden , spinster , June 16 . +
Mary Manden . I live at my lady Lumbley's alms-houses , my mother lived there before me; at the death of my mother the prisoner came to lay her out, and as I am blind, she has been with me night and day, from the beginning of last January, till March. I lost the things in the indictment, I charged her with taking them, she owned she had taken them, and that they were all in pawn; I went to the pawnbroker with a list of the things, the pawnbroker owned the things were all there in the prisoner's name.
Q. What is the pawnbroker's name?
Q. Was you satisfied with that?
Manden. If she had taken them out I should.
Q. When did you miss them?
Manden. About three months ago.
Q. Did you consent to their being continued in pawn?
Manden. No, I offered to take a trifle a week, or if she would take out one thing at a time; but I never had any of them.
Q. How long after she had confess'd they were in pawn, was it before she was taken up.
Manden. About two months or upwards.
Q. How had she an opportunity to get them from you?
Manden. She lay with me in the same room where the things were.
Q. In whose name did she pawn them?
White. She laid them in her own name.
Q. Did you ask her if they were her own?
White. I did, she said they were her own.
Q. Did she bring them all at one time?
White. No, she brought them at several times.
Q. Did you know her before?
White. I did, and where she lived?
Q. Where did she say she lived.
White. She said she lived in Old-street-square; she had pawn'd some other things, which she said were the prosecutrix's, but they were fetched out again.
Q. to prosecutrix. Did you give her liberty to pawn any of these things?
Prosecutrix. No, I did not.
White. The prosecutrix came to our house with a list of the things, and desired me not to let the prisoner have them, till she herself came with her.
Q. When did you deliver them?
White. I think it was the 14th of this instant.
William Smith. I went along with the prosecutrix to the justice for a warrant, and took up the prisoner, who owned to me she had taken every thing mentioned in the indictment, and where they were pawned.
Q. Did she say the prosecutrix gave her leave to pawn them?
Smith. No, she did not, we went and fetched the goods from the pawnbroker's, and before the justice, though blind, swore to them all; she swore she cut out her own shifts, aprons, and gowns; that the shifts, petticoat and aprons were of her own making, (an apron is put into her hand.)
Prosecutrix. This is not of my making, nor my apron. She takes up her aprons, petticoat and table cloth, and mentioned particular marks on each, and shew'd them very exactly.
She gave me leave to pawn them to get money to buy coals and candle.
224. (M.) Elizabeth, wife of John Rice , was indicted for stealing one linen gown, value 10 s. one cotton gown, value 10 s. one callimanco petticoat, value 10 s. three linen shirts, one silk handkerchief, one pair of stays, one linen petticoat, two linen shifts, the property of Dennis Macquire , in the dwelling-house of David Price , June 14 . ||
Dennis Macquire . I am a milkman , and live in Great Swan alley ; I go out every morning at about four o'clock. On this day fortnight I being gone out about business, the things mentioned in the indictment were taken away, two gowns, a pair of stays, a callimanco petticoat, silk handkerchief, shirts and shifts.
Q. Where were they when you went out?
Macquire. They were all in my room, lying on my bed, and about.
Q. Have you a wife?
Macquire. I have.
Q. Where was she?
Macquire. I left her getting up at the time I went out. When I came home about half an hour after nine o'clock, my next door neighbour, Mrs. Sprage, told me I had been robbed. I found the door had been broke open, but we had the things again.
Q. Do you know the prisoner?
Macquire. No, I do not, I never saw her before that time.
Q. from prisoner. Did not you send an attorney or agent to me in Newgate to make it up with me?
Macquire. No, never.
Judith Macquire . I am wife to the prosecutor; I went out to my work as usual, this day fortnight, after my husband was gone out, and locked the door. About seven in the morning, my next door neighbour, a baker's wife, sent her maid for me, to come home, telling me I had been robbed. When I came there, Mrs. Sprage, my neighbour had got the prisoner by the arm at my back door; she told me the prisoner had been in my room, and had brought a bundle of things out; I went up stairs, and found my things lying about the room, (a bundle of things produced in court.) Here are two gowns, one cotton, and one linen, a callimanco petticoat, and three shirts, two shifts, a silk handkerchief, and a pair of stays.
Q. What did the prisoner say?
J. Macquire. She said she wanted to take a room in the house.
Q. Did she confess any thing?
Macquire. She sent for me to New prison, and there confessed she took the things.
Q. When was this?
Macquire. It was last Tuesday was se'nnight, the woman that came for me, proves to be her own sister. The prisoner told me another woman (that knows my room, and had been in it often, though never took any thing) brought her, and opened my door, and then she, the prisoner, went in and took the things. She desired I would get the bill found ignoramus, and she would pay all the charges that I had been at.
Mary Sprage . I live in Swan-alley, and keep a baker's shop the very next door to the prosecutor; on this day fortnight, about the hour of nine in the morning; I was going to throw out some dirty water at my back door, I observed the prisoner at the bar, make a motion to me to move my back door; upon that I withdrew, she pushed the yard door a little way open, to go up stairs, where the prosecutor lives; I called my maid to look at her, to see if she knew her. My maid came down, and went into the back room. I
Q. Did you see her take this waistcoat?
Sprage. I saw her take it up at the bottom of the stairs, the poor man is a watchman that lives in the house, I have seen him with it on many times.
Anne Clark . I am servant to Mrs. Sprage, I saw the prisoner take up the waistcoat, and know it is the property of a poor watchman that watches in Red-Lion-street, he lodges in that house where the prosecutor does; I saw her put it into her apron, when my mistress took hold of her she swore and curst at a desperate rate.
Q. What did she say for her excuse in coming there?
Clark. She said she was a buyer and seller of old cloaths. When she went up stairs to put the things out of her apron, my mistress followed her and would not let her get away, she sent me for Mrs. Macquire, a constable was sent for afterwards, and she was secured.
I am a buyer and seller of old cloaths , they sent a solicitor to me, who told me if I would give them a note of hand, and my husband's will and powers, I should have a bill of ignoramus found, and should have my liberty. Please to call Simon Jones , he can give an account of it.
For the prisoner.
Prisoner. You saw me in New prison.
Jones. I saw her in prison, and asked her her husband's name, she said it was John Rice , is all I know. I asked her no other question, only whether he was abroad or at home; she told me he had been abroad a great while, and she had heard from him, but not lately.
Prisoner. He came and said he was come to settle a thing with me, that if I would give him a note of hand for three or four pounds, and give up my will and powers, he would get me cleared.
Jones. It is all false.
Guilty 39 s .
John Courtney . I live in Fleet-street , and am a razor-grinder and cuttler . Last Saturday was se'nnight, a young man came in and said, Mr. Courtney, there is a young lad has taken something out of your shew-glass: I asked him which way he saw him go, he said, he was ran up Shoe-lane. I pursued and found the boy at the bar up a passage belonging to the Globe tavern, I took him into the back part of my shop, and ordered my people to take care of him. I found there were missing a card with twelve pair of sleeve buttons, set with Bristol-stones. While I was gone, the boy found means to convey this card of buttons down a crack about an inch wide into a sink, where by searching we found them. I got a constable, and took him to the Fountain tavern, there he confessed he opened the shew-glass, and took them out. I took him before
Q. Where were these kept?
Courtney. They were kept in the shew-glass in the street.
Henry Carrington . I was standing at my master's door, and saw the prisoner lift up one corner of the shew-glass, and put his hand into it; I informed Mr. Courtney of it, and was along with him, when he ran after him.
Q. Did you hear the prisoner confess as Mr. Courtney has mentioned?
Carrington. I did.
I never opened the glass case.
Q. How do you know it was the prisoner?
Hammond. I found him as he was taking it out, at took him at the same time: I saw him cast on his hand with a quick motion to another boy, to whom I presume he then delivered it.
Q. Did you see his hand as he took it out of your pocket?
Hammond. I did.
Q. Did you see any thing in it?
Hammond. No, I did not.
Q. Was searched?
Hammond. He was, but we did not find it.
Q. Did you ever see your handkerchief afterwards ?
Hammond. No, I never did.
Q. from prisoner. When a gentleman by you, sa have you lost any thing, did not you say you believe you had not?
Hammond. I said, I did not know what I had to till I felt and missed my handkerchief.
Q. What was the value of it?
Hammond. I laid it in the indictment at 2 s. but itis worth more than that.
Thomas Hooper . As I was passing through St. Pis church-yard, I saw the prisoner's hand in the prosecutor's pocket, and saw him pull out a handkerchief; I thought he put it in his bosom, but it went I believe to a confederate, for there was one on each side of him. I laid hold on the prisoner, and said to the prosecutor, that is your chap; I believe he has got your handkerchief; he felt, and said, he had lost his; so we secured the prisoner.
The prosecutor did not say he had lost his handkerchief till we got into Cheapside, going before my lord-mayor.
Prosecutor. I know I had had my handkerchief in that pocket but a little before, and when I felt, it was gone.
Guilty 10 d .
228. (L.) Maria Matthews , spinster , was indicted for that she, together with a certain ill disposed person, to the jurors unknown, on the king's highway, on William Ward , gent. did make an assault putting him the said William, in corporal fear and danger of his life, and stealing from his person one gold ring, value 10 s. and and one silk handkerchief, value 18 d. his property , June 1 . ++
William Ward . I live in Queen's Head-court, Newgate-street. On Thursday, the 1st of this instant, June, I had been at the Rainbow coffee-house on Ludgate-hill with one Mr. Moore, and other gentlemen. Coming away, a little before twelve at night, as soon as I came by Ashley's punch-house, a woman (not the prisoner) took hold of my arm and said, I should go into a house with her, and give her a glass of wine: I told her I was not for her purpose, having a family, and was going home; she still kept by my side; when I came to the end of the Old-Bailey , the prisoner came and took hold on my right hand, and said I should go with them, and both of them forced me a little way up the Old-Bailey; they made use of very indecent expressions; the prisoner at the bar made an impudent attempt at my breeches; I put her by, and clapp'd my left hand down, and secured my watch; she finding my mourning ring, slipp'd it from my singer; I both saw and felt her, and instantly charged her; it was very loose on my finger; the other let go her hold, and ran away down Horseshoe court; I secured the prisoner, and carried her to the watch-house with the assistance of two
Q. from prisoner. Did not I go quietly with you to the watch-house?
Ward. Far from it; I had much ado to hold her.
Q. Did you part with your ring willingly?
Ward. No, I did not: she took it forcibly; and the other holding my other arm, I could not prevent it.
Lease Child. I am a watchman: Mr. Ward called to me: I was on Ludgate hill, I went to him; he told me that woman had taken a ring from his finger, he had hold of her at the time; I, with the assistance of Edward Roberts took her to the watch-house, and then to Bridewell.
Edward Waters . I am constable: when the prisoner was brought to me, the gentleman charg'd her with having taken a ring from his finger; and said he had not quitted his hold from her, till she was in custody of the watchmen.
Q. Was she searched?
Waters. I did not hear her desire it.
I know nothing of it; I never went near him; he let the other women go; there were seven or eight of them about him: the first he got hold on was me, just as I was passing, and said I had got his ring: I said don't hold me, I cannot stay: he said I will have it of you or your life; and if I do not some others should. My husband is at sea; and I have 9 s. per week allowed me; I did not appear dressed like a whore or a bunter.
Prosecutor. I do not desire the prisoner's life: I have this to add in her favour, there were no threats made use of at the time. I could not lay the indictment in any other manner than it is; for had I laid it for privately stealing the ring, that would certainly have failed, as I both saw and felt the ring go.
Acquitted of the robbery. Guilty of felony .
William Drinkwater . I am servant to Dr. Fuller . I was walking last night just by the Change , the prisoner came by me, and I felt his hand in my pocket, and in drawing it out, I found my handkerchief in it, I secured him, he wanted to get from me; I took him to the watch-house, with my handkerchief in his hand, he was committed, and had eight more about him.
The prisoner said nothing in his defence.
For the prisoner.
Guilty 10 d .
230. (L.) John Mac Kelvey was indicted for stealing one silver tankard, value 7 l. the property of Benjamin Dorrington , in his dwelling-house; it was also laid, that he said Mac Kelvy being in the said dwelling-house on the 22d of March , about the hour of eight in the night, in the same day, did break the said dwelling-hose to get out of the same . +
Benjamin Dorrington . I live at the Castle, King-street, Cheapside, a public house . On the 22d of March last, the prisoner, (I believe it was) came to my house, and asked for a tankard of beer, and went into a little room, about a quarter of an hour before eight at night; he had a tankard brought to him; having a light, he cared for the news-paper, which was carried to him I believe he was there about four or five minutes; he threw out the beer, and went out with the tankard at the window.
Q. How do you know that, did you see it?
Dorrington. No, I did not, he could not one any other way out of that room, but must have been seen; and the sash was left up, which I am sure was down before he went into the room a man came immediately, and said, a man had jumped out at my window. My boy and I nt into the room directly and found it as I have- lated.
Q. Who went in first ?
Dorrington. The boy did.
Dorrington. I am sure there was not time enough for that?
Q. What is the value of the tankard.
Dorrington. It cost 7 l. 13 s. being twenty-five ounces, and thirteen pennyweights; we looked about to see if we could see him lurking about, but saw nothing of him; I advertised two guineas reward in the Public Advertiser, and also in the Daily Advertiser; nothing came on it. Some days after, I met a gentleman who asked me if I had heard of what I had lost; and said a gentleman had a tankard cut to pieces, and wrote me a direction where to find him, I went, it was the prisoner that had it in his possession, cut into pieces.
Q. What is the prisoner?
Dorrington. He is a broker.
Q. Are you or are you not certain as to the prisoner being the man that night?
Dorrington. I will not swear it.
Q. Where does he live ?
Dorrington. He lives in a place called the Devil's Gap, Drury-lane. I told him I was come to look at a tankard that he had got cut to pieces, and that I came from Mr. Sanders, then he shewed it me.
Q. What was your opinion as to the man when you saw him at his own house?
Dorrington. Then I thought he was about the size of the man that had stole my tankard; as to his face I did not see it before, but by his speech I thought he must be the man.
Q. How did he say he came by the pieces?
Dorrington. He told me two country-men brought it to him, and he stopped it. I asked him why he had not stopped the men as well as the tankard; he did not make any great manner of answer to that; at last he said he would let it alone for them to come again to prove it to be their property.
Q. Did he say it was cut to pieces when they brought it?
Dorrington. He did.
Q. Did you charge him then?
Dorrington. No, I did not; I staid till after my boy had seen him; I asked him why he had not advertised it; he said he had had it but a few days; the person that gave me directions, said he had had it nine or ten days. I lost it the 22d of March, and this was the 15th of April, that I first saw it; after this he did advertise it; I could not positively swear to it; I went again after this, and asked him if any body had been to own it; he said there had been a woman, who said, part of it was her's, but she would not swear to it; I desired him to let people publickly come for to see it; he said he would advertise it twice more.
Q. Did you see it advertised afterwards?
Dorrington. No, I never saw it advertised above once after that: I had information he had sold it to a Jew. I went to see whether he had or not; he was not at home; I saw his wife; she said what can you want to see it any more for, you have seen it twice; the next time I saw him he said he had had the misfortune to have his house broke open, and they had stole the pieces.
Q. Was this after you had heard he had sold it?
Dorrington. It was; then I went to the person who informed me he had sold it, and asked him, if he could prove that the prisoner had sold it; he said he could; and could shew me the receipt; here it is (producing one.)
Q. Where did he say it was stole from?
Dorrington. He said it was stole out of a cupboard in the house?
Q. Where had you this receipt?
Dorrington. Justice Fielding obliged the Jew to deliver it; the Jew is here to be examined.
Q. What did the Jew say he had done with it?
Dorrington. He said he had sold it to a refiner.
Q. How many pieces was it cut into?
Dorrington. It was cut into sixteen; there were two pieces stuck so tenderly together, that it would come in two, so be seventeen pieces.
Q. How many pieces did the Jew say there were of them he bought?
Dorrington. He told me there were sixteen pieces.
Q. Does the receipt mention the number?
Dorrington. No, that only says a parcel of pieces.
Q. What is the Jew's name?
Q. When do you say you lost your tankard?
Dorrington. About a quarter of an hour before eight in the evening.
Dorrington. I cannot swear to his face; but I believe he is the man that took it.
Q. What sort of a window is yours?
Dorrington. It is a sash window?
Q. Had it a screw to it to keep down the sash?
Dorrington. No, it had not.
Q. Was it easy to get out at ?
Dorrington. Any body might get out at it, by putting the sash up.
Q. Did the prisoner offer the pieces to you if you would swear to them?
Dorrington. He did, but there had been care taken that the marks were cut out.
Q. How did he advertise it ?
Dorrington. It was that he had stopped a parcel of silver, and that the owner might have it again upon paying the advertisement.
Q. When was you at church?
Roper. I was at church about two months ago.
Q. Then you do not go very often ?
Roper. No, I do not now. I used to go every Sunday before I lived at a publick house.
Q. Do you know what it is to take an oath?
Roper. I do.
Q. Was you ever sworn before?
Roper. I was, before justice Fielding.
Q. What is the nature of an oath?
Roper. It is to speak nothing but the truth ?
Q. Do you know what a crime it is not to speak the truth?
Roper. I do.
Q. Where do you live?
Roper. I live with Mr. Dorrington.
Q. Do you know the prisoner?
Roper. I do.
Q. When did you first see him?
Roper. I first saw him the twenty-second of March.
Q. Are you sure of that?
Roper. I am quite sure.
Q. How, and where did you see him? tell your story, be careful, and keep to what is strictly truth.
Roper. That I will. The prisoner came into my master's house, and as he was going into a little room, I lighted him in with a candle, and asked him what he would please to have, he said a tankard of beer: I went and asked my master whether I should carry a silver tankard; I had left the door open, and my master looked in, then he said yes, I might. I carried him a tankard; then he asked for the news-paper; I carried it in, and he shut the door, and in about four or five minutes after that, he was gone out at the window.
Q. How was he dressed?
Roper. He had a blue surtout coat on.
Q. What sort of a waistcoat ?
Roper. I could not see that, his coat was buttoned over it.
Q. How else was he dressed ?
Roper. He had a shabby cocked up hat, and a brown cut wig.
Q. Did he sit with his hat on or off?
Roper. He sat with it on.
Court. Consider what you are about; the man's life depends greatly upon what you say; be careful, and speak nothing but what you know.
Q. Was there a fire in the room?
Roper. No, there was a coachman came in, and told us there was a man gone out at the Window. I went into the room, and my master followed me, and found the man and tankard were gone, the sash was put up, and the curtains drawed close.
Court. Mention the words the coachman said.
Roper. He said what are not the doors wide enough that people are forced to come out of the window?
Q. How long was this after you had carried the news-paper in?
Roper. This was about four or five minutes after.
Q. Where was you that four or five minutes?
Roper. I was sitting at one of the boxes in the tap-room.
Q. Where was your master?
Roper. He was in the bar, I saw him there.
Q. Supposing your master had not been in the bar, might not the man have come out at the door without your seeing him?
Roper. I believe he might.
Q. Have you seen that man after this?
Roper. I have.
Roper. I saw him come out of his house, and another man with him, and as soon as he saw me he ran down a court.
Roper. I did not mind him much; that man lives next door to him.
Q. How do you know that?
Roper. Because I had seen him go in there before.
Q. Had you been there before ?
Roper. I had been after the prisoner the day before, but he was not at home.
Q. Did you see that other man the day before ?
Roper. I believe I did.
Q. What is he ?
Roper. I don't know.
Q. Are you sure he is the man you saw the day before?
Roper. I am not sure, but I think he is the man.
Q. If you had seen that man the day before, and believed him to be the same man that lives next door to the prisoner, describe what sort of a man he is.
Roper. He is not very tall, he had a brown coat on the next day, but had a blue one on then. The prisoner said to him, as soon as he set eyes on me, d - n you this is our way, and turned down as I mentioned before.
Q. Did the other man go with him?
Roper. They both ran together; we went round the other way to see to take them, but they got into some house.
Q. What should make the other man run?
Roper. I do not know, they were both going together, they were not running when I first saw them.
Q. Did you see the prisoner again that day?
Roper. No, I did not, he was taken up that night; my master went to justice Fielding directly after I had seen the prisoner and knew him.
Q. When did you see the prisoner after this?
Roper. I saw him the next day at justice Fielding's.
Q. How was he dress'd?
Roper. He was dress'd in a brown coat; I knew him again.
Q. Did you swear to him there?
Roper. I did.
Q. What did the prisoner say?
Roper. He did not say any thing.
Q. Did he not tell you you was mistaken ?
Roper. No, he did not.
Q. Did he say he took the tankard?
Q. Or that he leaped out of the window?
Q. Are you sure he is the man?
Roper. I am sure.
Q. Did he run away when you saw him the second time?
Roper. He did.
Q. How long was this after the tankard was lost.
Roper. I do not know exactly.
Q. How long do you believe it was?
Roper. I believe about a month after. He was examined the 18th of May, and that was the day before that I saw him run.
Q. What do you call running ?
Roper. He laid hold on the other man's arm, and made off as fast as he could; the gentleman that was with me saw it.
Q. Did he give no account how he came by the tankard before the justice?
Q. Was you in the room all the while?
Roper. I was.
Q. Did you hear the justice ask him that?
Roper. No, I did not hear the justice ask him any questions; I am a little hard of hearing.
Q. Was you before the justice any other time?
Roper. I was every time he was there. I was there the next day.
Q. Did you hear what the justice said to him then ?
Roper. No, I did not.
Q. Was you in the room all the time?
Roper. I was.
Q. Did you apprehend from what you saw that the justice was talking to him?
Roper. I believe he was.
Q. During that four or five minutes you say he was in the room at your master's, did no body call for any beer?
Q. Did you sit at the same place all that time ?
Roper. I did, and never stirred out of it till I went to go into the room.
John Disdel . I was at the prisoner's house on the 16th of May, the last witness was with me. Just before we went into the house, I said to the boy, be sure if there is any men there, take particular notice of their faces, and be punctual in what you say. When we came into the room, there was a little back room, there sat the prisoner at the bar and another man along with him, seemingly at breakfast; it was so dark I could not distinguish faces. When we went out, I said to the boy, you could be no judge where you stood. No the boy said, but he said that was much such a man, the nearest to me. We went over the way, and staid some time, the prisoner at the bar and another man came out of the house and walked pretty fast. I and the boy went after them, and the boy ran by them. As soon as the boy got by the man that was with the prisoner, he turned and stared in the prisoner's face; the prisoner look'd at the boy's face, and catched at the other man's sleeve, and away they went down a turning. I said to the boy, do you know either of them; the boy said the biggest in the brown coat, is the man that I served with the tankard of beer. I went down the next turning, and the boy with me, and had they come through where they turned down, we should have met with them, but we could see nothing of them. I went and look'd down Bow-street, and am sure it was impossible for them to get down that street before I got where I did. I fancy they must go into some house.
Q. Was you before the justice?
Disdel. I was.
Q. Did you hear the justice ask him any questions ?
Disdel. He asked him what was become of the tankard ? he answered he did not know. The justice asked him what Jew he sold it to; he made no answer to any purpose, but said if it was Mr. Dorrington's tankard, he must have it again, that was all he said he knew about it.
Q. Did he say any thing of his being in Mr. Dorrington's house and calling for a tankard of beer.
Disdel. He denied that.
Counsel. Then you say you saw the prisoner and another man in a dark room?
Q. Did they come out publickly at the fore door afterwards?
Disdel. They did.
Q. Was you in the dark room?
Disdel. No, I was not.
Q. Did not he before the justice give an account how he came by the tankard ?
Disdel. I don't remember he did.
Q. Did the justice ask him where he had it?
Disdel. There were some words pass'd but I cannot recollect what.
Thomas Hampshire . I am a peruke-maker; I was coming by the Castle in King's-street, I think, on the 22d of March; a man jumped out at the windows and almost knocked me into the kennel; I said, what is there not room enough, but you must come out at the window! A man that was by went in and told the people of the house that there was a man had jumped out at the window.
Q. Can you swear to that man?
Hampshire. No, I cannot.
Q. How many pieces were there of it?
Knighten. Seventeen pieces, and two small slips.
Q. What was the weight of it?
Keighten. It weighed eighteen ounces and sixteen pennyweights; it was tied up in a handkerchief.
Q. Do you look upon it to be a whole tankard?
Knighten. No, I suppose it was not, there was no name, no proof, no mark, nothing at all, if there had been the whole tankard, there must have been the mark, name, or proof.
Q. When did you buy it of him?
Knighten. I do not know what time I bought it, the receipt will shew that:
The receipt read:
Q. from prisoner. What money did Dorrington offer to you?
Knighten. I shew'd my receipt to Mr. Dorrington, he said he would give me a note of hand of twenty pounds while he kept it. I said I would not part with my receipt for a hundred pounds. This was at Mr. Dorrington's house; I went away, and in the afternoon, going by his house again, crying old cloaths about, they called me in. I asked if they had heard any farther about it, they said no. About five or six days after that, they took me with a constable, and brought me to justice Fielding's, and from thence to goal, and put me an iron on.
Q. What did he take you up for?
Knighten. I do not know, I was cleared on the Monday.
Q. to Dorrington. On what account was the Jew taken up?
Dorrington. He would not let me have the receipt to shew to Mr. Fielding on any consideration, and the justice desired he should be examined.
Counsel for the prisoner.
Q. Did you charge this Jew with stealing your tankard ?
Dorrington. No I did not.
Q. Do you know whether the prisoner was the man or not?
Jones. I do not.
Q. Where do you live?
Askew. I keep the Catherine Wheel , Bishopsgate-street, the prisoner at the bar came in that night about nine o'clock, and called for a negus in a tankard; my wife said to me, I have some suspicion of that gentleman, I don't choose to send him in a silver tankard. She sent it in in a China quart mug. I went in about three or four minutes after, he asked me to drink, there was very little left. I wondered it should be gone so soon I went out again, my house was very full at that time.
Q. Was he alone?
Askew. Yes, and went into a room by himself, in the middle of my house. I went in again in about three minutes after, and the liquor was all gone; he called for the boy to shew him up the yard. After he was got to the necessary-house he put the candle out, and bid him go about his business. I imagine he wanted to see whether there was any back way out. After that he came in again, and called for a tankard of beer, and a welch rabbit, they were carried him. My wife being suspicious of him, bid me look out a little sharp. After he had had it about five or six minutes, the beer was drank up, the rabbit eat, the window throw'd up, and the curtains drawn back, and he had got the tankard in his hand, but happily prevented, I did not lose mine.
Q. Was not you sash up before he went into the room?
Askew. I am positive it was not; there was a pin to fasten it down, that he took out to throw up the sash.
Prisoner. He swore before the justice that I called for pen, ink, and paper, that is contrary to what he swears now.
I shall call some witnesses.
For the prisoner.
Q. Where do you live?
Brown. I live in Drury-lane.
Q. How near do you live to the prisoner?
Brown. I did live next door to him; in March last, one Edward Thornton of Tring in Hertfordshire, being an acquaintance of mine for ten or eleven years, he wanted me to buy an old silver tankard of him; I did not choose to buy it, he said do you know of any acquaintance that I can sell it to; I said upon my word I do not; we went over to the White-horse, and had a tankard of beer; I said there is a broker that lives at next door, perhaps he will buy it of you. I went to him, and said here is an acquaintance of mine come out of the country, has got a tankard to sell; he said he would look at it; then I went to my friend and he said he would buy it; he came two
Q. What was that other man's name?
Brown. His son said that man's name was Richard Watkins , a shoemaker in Tring, they shew'd Mr. Mac Kelvey the tankard tied up in a handkerchief; there were sixteen pieces, and one of them almost in two; they made a sort of bargain about it, and he gave him a crown earnest before my face, and if it was not honestly come by, he was to have his crown again; he stopt it after that. He said I'll stop it till you bring sufficient proof how you came by it. I went down to Tring after him with a warrant granted by justice Fielding, and took another man along with me; we got it back'd by Esquire Walker of Barkhamstead. While we were at Tring, we found there was word sent to Thornton to keep out of the way. We staid one night, but could not take him. I went down after that, and took Thornton, and brought him to Newgate, where he now is.
Elizabeth Brown . I am wife to the last witness, on Friday morning Thornton and two other men came to my husband, and talked and drank together, but what they said I know not, my husband said this man has lived very well, he owes me some money, and I expect now to get some. They never came that day they appointed, (I mean the countryman) the next day they came and knocked at the door; I said my husband was not at home, but he had spoke to the man at next door, who would buy the tankard; then he said he would bring it in two or three hours, but he never came that day. When I came home I went to Mr. Mac Kelvey 's shop, he had borrowed a pair of scales. I said to my husband, has he brought the tankard? he said yes, he has brought sixteen pieces, and one almost cut in two. I ran to Mr. Mac Kelvey , and said suppose he has stole it. Then I went to the alehouse, and sat down and drank with them; the young man was very much upon the watch. In came Mr. Thornton, and swore he would punish Mr. Mac Kelvey for stopping of it. They ran away in a great hurry, affrighted out of their wits. I would not look at the tankard. Mr. Mac Kelvey advertised it, I believe the Monday following.
Q. What day was it brought to sell?
Q. Did he say any body had been to see it, and had described it?
E. Brown. I believe he said some body had been to see it, but they did not give right descriptions of it. I think he said one man had offered him two guineas to deliver it up.
E. Brown. No.
Court. Look at that man, (pointing to him.)
E. Brown. I know him.
Q. What did you say to him you could swear, if you had a mind to swear?
E. Brown. I don't know what you mean.
Q. Did you say you could swear away two men's lives?
E. Brown. No, I never said any such thing in my life?
Q. What did you say to him?
E. Brown. When he said it was about a tankard, I said I knew very well about it, because it was brought by a person that was my husband's acquaintance.
Q. How long is this ago?
E. Brown. This was about five or six days after the tankard was brought. The prisoner was my neighbour, I have nothing to say against him in the world.
Q. Did you say nothing else?
Mr. Sanders. Mr. Mac Kelvey brought an advertisement to me, and desired I would alter it for him; he told me he had stopped a silver tankard from a person; he left the advertisement with me, but he did not call for it again.
Q. Did he tell you it was in pieces?
Sanders. No, he did not.
Q. Did you understand it to be in pieces by the advertisement?
Sanders. No, I did not.
Q. Have you seen his advertisement in the paper?
Q. Was it like that?
Sanders. No, it was not, it did not say a parcel of pieces, but a silver tankard.
Q. Did you alter his advertisement?
Sanders. I did.
Q. Was that ever printed?
Sanders. No, he never came for it.
Q. How long was it after he brought an advertisement to you, that there was one in the paper?
Sanders. I believe it was five or six days after.
Q. Did you inform Mr. Dorrington of it?
Sanders. I did, I was in Fleet-street, and met with Mr. Dorrington, and hearing that he had lost a silver tankard, told him of this, and gave him directions to go to the prisoner; this was the first of Mr. Dorrington's knowing of it I suppose, I knew the prisoner did not keep it a secret, but spoke of it in public company.
Mr. Spensley. Mrs. Brown, in a public tap room, told it before me and another person ( when she heard what they were upon) that Mr. Mac Kelvey , and my husband were two great rogues, and it is in my power to hang them both, for a thing that I have in my custody.
Q. What are you?
Spensley. I am a constable.
Q. Did you take the prisoner up?
Spensley. I did.
Q. Do you not expect a reward if he is convicted ?
Spensley. I expect none; as to Mr. Brown's character, it is noted all over London.
To his character.
Q. Did he mention the time he stopped it?
Q. Did he say he had advertised it?
Harris. He did.
Q. Did he say any body had been and claimed it?
Q. What is his general character?
Harris. I never heard but that he is an honest man, he worked very hard for his living.
Mr. Douglass. I have known him thirty years ago, we were schoolfellows.
Q. What is his general character?
Douglass. Always a very good character; I always looked upon him to be a very honest industrious man.
Q. What is his general character?
Steward. I never heard any thing to blast his character in my life, I always found him honest, I have employed him.
Q. What are you ?
Steward. I am a carpenter by trade.
John Denham . I have known him nine or ten months, he stopped two pewter plates of mine, and sent to my house; I went and shew'd him a pattern plate, he said I am very right, they are yours, and produced them, and delivered them to me. I would have given him something for his care, he said he had been at no expence, and he desired none of me, and would not take any thing.
Paul Deingraman. About eleven o'clock, on, I think, a Tuesday morning, rather more than a month ago, while I was speaking to one of the gentlemen which were with me, being in the same room with the prisoner and the deceased, about five or six feet from him, the deceased cryed out for help; I turned, and saw the prisoner standing on his legs.
Q. Did you see any thing in his hand?
Q. How near was he to the deceased?
Deingraman. About two feet from him; they had been sitting on one bench together, when I saw them before; when I saw the blood, it surprized me.
Q. Where did you see blood ?
Q. How many persons did you leave in the room with him?
Deingraman. There were about four persons. When I was down stairs, I directly sent for a surgeon, and his relation, and then came up stairs. The deceased told me the prisoner gave him the wound.
Q. Did he say he had given him any provocation?
Deingraman. He said he gave him none; he gave me the wound, and I do not know for what.
Q. How long had you been in the room with them before this happened?
Deingraman. I was in the room about four hours before. I did not hear a word spoke between them.
Q. If there had been any words, (I mean angry) might you not have heard them?
Deingraman. If there had been any, I am sure I must have heard them; I heard none at all; I left the deceased with his relation, and the surgeon, and went up to the prisoner. I directly asked him what he had done, he told me, he had stabbed the deceased. I asked how and for what, he told me that he took his own knife and stabbed him, because he did not like the man, upon these words, I told him that the deceased was very well, that he was likely to recover (because I would not frighten him;) to which he answered, he was sorry for that. I was angry with him; then I told him that all things should pass easy and quiet; but he answered, that I might go and get a constable, and carry him before a justice, because he knew what he had done. Then I ordered the rest of the men, that they should not go near him, because I did not know what was became of the knife, that he had stabbed the deceased with, I went down stairs again, where I found the surgeon, the deceased's wife and father-in-law with him; and a constable was sent for, and the prisoner taken before the justice, and afterwards secured.
Q. How long have you been acquainted with the prisoner?
Deingraman. I have been acquainted with him about four months; I have known him two or three years before; he was a man of good character, and minded his business. I have been told that he was once in prison with what we call madness.
Q. How has he behaved to your own knowledge as to the state of his mind?
Deingraman. Since he has been with me, about Lent-time he would not eat. If I asked him to eat, he would say he would not eat; and desired I would not ask any questions about it; he always spoke very sincere to me; he never attempted any such rash action as this before, as ever I heard of.
Q. Did he attempt to make his escape?
Deingraman. No, he did not in the least.
The pri soner being asked if he had any questions to ask the witness that might be of service to him, answered there was no occasion to ask any more questions.
Q. to Deingraman. Did you ever know of any quarrel between the deceased and the prisoner?
Deingraman. No, I never did.
Anne Wentworth . I was at my father's; I believe it was in June; I do not remember the day of the month; I had word brought that my husband was very bad; when I came where he was, I found him all over blood.
Q. Where was the wound?
A. Wentworth. He was wounded in the left breast, I asked him who did it, he said it was the man that worked with him, meaning the prisoner; I then desired that the prisoner might be secured, and not let to go away; by that time the surgeon came; then I said, I would go home and prepare the bed ready for him to go in, and so I did, and desired my father to see the man secured; it was near half an hour before they brought my husband home, which was in a chair, he was put into bed, and lay there sixteen-days, and then died; he told me before he died, that wound was the cause of his death; he bled from the wound the last day, and that a great quantity. The day before he died, he desired me to go and see how the prisoner behaved in the gatehouse, where he was. I did, and he was called down to me, I had first inquired how he behaved, and
Q. Did you take him to be in his senses?
A. Wentworth. I believed him to be then in his senses as much as any one here.
The prisoner being asked whether he had any questions to ask, said no; they made mistakes about not knowing the day of the month, but that did not much signify, it was not worth taking notice of.
Q. When was this?
Willis. I do not remember the day of the month, it was I think in April; I said is the man that stabbed him ran away? she said no; I said then I will go and carry him before a justice. When I came there, I was for going to secure him, but the gentlemen said, I had better not go up to him, for he had got a knife, and he might do me a mischief. When the constable came, we went up and said he must go before the justice; he seemed very willing to go, and we went before justice Cox; he asked him several questions regarding this affair; one was, whether he did it on purpose to kill him; he answered, yes, he did. He wrote his mittimus to the gatehouse, and several of us went to the gatehouse with him; he said the same afterwards as he did before the justice, that he did it on purpose.
Stephen Turner . I am a surgeon; I was called to the deceased betwixt the hours of eleven and twelve, on the 25th of April; I found he had received a wound which had got into the cavity of the heart (not into the heart itself): from the wound there issued an inflammation for the space of a week or upwards. I was called one morning, he having a fresh bleeding, this was about eight o'clock, it continued till half an hour after ten, at which time the deceased expired.
Q. Do you take it, that this wound was the occasion of his death?
Q. I believe it was. I opened the body afterwards.
What they have said is very true; I did intend to kill him. I did not want any examining. I deny nothing, and I am afraid of nothing.
Being asked what countryman he was, said he was a Norway man . Guilty , Death .
He received sentence, immediately, to be executed on the Saturday following, being the 1st of July, to be dissected and anatomized (this being Thursday); and was executed accordingly, and his body delivered to the surgeons .
No evidence appeared. Acquitted .
233. (L.) Mary, wife of Thomas Peirce , was indicted for stealing one wooden bedstead, value 5 s. one feather-bed, value 5 s. two blankets, value 7 s. one rug, value 5 s. one bolster, one table-cloth, four chairs, one trunk, and one box-iron and heaters , the property of Devereux Coningsby , May 18 . ++
Q. How do you know that?
Coningsby. She owned it to me.
Q. How came she to have the care of them?
Coningsby. I was sick, and went into the hospital, and left her to take care of my things, while I came out again, and sent them to her lodgings by two porters, and she went and pawned them, and when I came out, my goods were gone.
It being no felony, only a fraud, she was acquitted .
Thomas Brown was indicted for stealing ten pair of stockings, value 40 s. one hat, value 15 s. two knives, value 1 s. three forks, value 1 s. one linen sheet, val. 4 s. seven shirts, value 35 s. and one lawn apron, value 2 s. the goods of Francis White , and one peruke, val. 2 s. the property of Thomas Cropper , in the dwelling-house of Francis White , April 15 . +
Elizabeth White . My husband's name is Francis White ; I keep a public-house in Wapping ; I lost ten pair of stockings, a hat, two knives, three forks, a sheet, seven shirts, a lawn apron, and a peruke that belonged to one Cropper, a seaman , which he had left in my care for money.
Q. From whence were they taken?
E. White. Some out of my own room, where I lay, and some out of my bar, and some out of the room where the prisoner lodged; there was a noise in the house towards the morning, and I could not tell what was the matter. I got up and my maid told me, he had made an attempt to go to bed to her, but she prevented him; I went down stairs, and found the door open, and he was gone, things and all.
Q. When were these things in your house last, on your own knowledge?
E. White. I am sure they were all in the house over night, at ten o'clock.
Q. When was the prisoner taken up?
E. White. On the Sunday night following; we found the things upon him.
Q. Where was he taken?
E. White. At Dartford in Kent; the evidences will tell the court what he said, and what they found upon him.
John Sherrey . I am a constable at Dartford in Kent. About nine o'clock on Sunday evening, some people came to our town, and desired my assistance, saying they had been robbed, and they heard the thief was at such a house. I went with them, there was the prisoner. In searching his haversack, I found these things all together; (producing the goods mentioned in the indictment ) he gave a very idle account how he came by them.
Q. What was that account?
Sherrey. He said he found them.
Sherrey. They said they came out of Mrs. White's house, about four that morning, and that the prisoner had offered a frock (not in the indictment) and hat to fell upon the road, by which means they told me they found the prisoner.
I belong to the train of artillery , I had got a furlow to go up to London to get some money that was due to me; I out-staid my time; the prosecutrix lives in Plough-alley, I lay there, I got up in the morning to go away, and on the back of Plough-alley, I found these things; I went to make water and saw them hid between two casks, about one hundred, or one hundred and fifty yards from her house; I saw something of the skirt of a coat hang out, I pulled them out, a frock, some ribbons, some stockings, an apron, two handkerchiefs, and a smock. I was looking at them when a man came by that lodged at Mrs. White's house, and wished me a good morning.
E. White. I had a lodger that came and told me he saw the prisoner tying up two bundles, and he saw him cross the water for Kent, by which means we pursued him.
Guilty 39 s .
Han. Malsby. I can only say the goods are mine.
Q. When did you miss them?
H. Malsby. I missed them the 23d of May last, about half an hour after eight o'clock in the morning.
Q. Have you a husband ?
H. Malsby. I have; his name is William.
Q. Did you ever see the prisoner in your house?
H. Malsby. No, never to my knowledge.
Q. Where do you live?
Q. What day?
Taafe. I cannot tell the day of the month.
Q. What month?
Taafe. It was in May, I believe the 23d of May, but I cannot be exact. When I came back with the rolls, she went towards the pantry, and returned directly, and said she was robbed of some plates, and desired me to step down the town to see if I could see any body with such things.
Taafe. It is the Black Bull, a publick house; I went, and returned, and said, I saw no such person. About an hour or two after, she called to me, and said she heard a woman had been selling her plates at Putney, and desired me to go there to (I think) the Fox and Hounds. I went, and took a waterman with me to the two houses, the Fox and Hounds, and also the Hare and Hounds. The landlady of one of the houses (I cannot tell which) said, there was a woman there that had sold some plates, and had been gone from her house about half an hour; but if I would go up higher in the town, perhaps, I might find her there. The waterman and I went, and were told they had seen a woman go by about a quarter, or half an hour before, we went on to Putney Bowling Green; there I asked if they had seen a woman with a red cloak and red gown on, go by, (she having been described so to me) they said yes, and shewed me which road she took, we went a little farther, and there saw a woman sitting on the ground, the prisoner at the bar; I asked her if she was the woman that stole the plates at the Bull at Fulham, she said no. I said she was the woman that had been described to me, that had stole some plates there; so I brought her along with me to the Black Bull at Fulham.
Q. Had she any thing upon her when you took her?
Taafe. No, she had nothing at all, she had a red sort of a gown, and a red cloak on.
Thomas Terry . I was coming from Richmond-Park, I think it was on the 23d of May, I called at the Fox and Hounds at Putney, and had some beer; I saw this woman at the bar (I believe it is the same) she is not dressed now as she was then. She was sitting on a bench crying, she had sold five plates to one George Duck , who is a shuffling fellow, and she said he had got them, and had ran away with them from her, and would not pay her. I went after him, and took the plates from him, and brought them back to her, and gave them to her. She had got a letter she said from her husband, at the Isle of Wight, directing her to go there to him, she cryed and said, she had not a farthing in the world: she said she had a dozen of those plates in all, that her mother had se her out of the country a great way off. I believe Mrs. Whetstone asked her questions for a quarter of an hour, to know whether she had stole them or not; by her answers we thought them to be her own. She said she must sell those to carry her down to her husband. Then it was put to about four or five of us to know the value of them, and I bought them of her at the door.
Q. What did you give her for them?
Terry. I gave her 18 d. for them, and a pot of beer; there was a saucepan found afterwards, which she sold at the Hare and Hounds, (five plates produced in court and deposed to by the prosecutrix.)
Prosecutrix. Mrs. Miller at the Hare and Hounds bought the saucepan of the prisoner at the bar for 10 d. She was here yesterday, but on account of her business, could not attend to-day; (the saucepan produced and deposed to.)
Andrew Forrest . I was going over to breakfast at the Fox and Hounds at Putney, between eight and nine in the morning, there was the woman at the bar sitting at the door, with the plates in her hand; after that I went to Fulham, there the prosecutrix told me she had lost some plates. I told her I had seen a woman at the Fox and Hounds door at Putney, with five plates; by that means they got intelligence of, and took the prisoner.
I was to go to the Isle of White to my husband, when I was got part of the way from Putney, the men came and brought me back, and said there were five plates lost, but I know nothing at all of the matter.
For the prisoner.
Eleaner Dudgen. The prisoner lived three years servant with me, and behaved very well, none better; I had a good character with her, I never heard any harm of her before she was charged with this fact; I would employ her again was she at liberty. Guilty .
Q. By whose order did you saw and carry it there?
Thomas. By the prisoner's order; as he was intrusted by Mr. Townshend, I did not know but that he had given the prisoner an order to have that done.
Q. When was this ?
Thomas. I can't exactly tell the time, but as near as I can remember, it is half a year ago or better.
Q. to Mr. Townshend. Did you every employ the prisoner to put up that copeing stone in Gerrard-street ?
Townshend. No, I never did.
Q. from prisoner. I have been employed by my master as a journeyman for seven years, whether he ever found fault with me before?
Townshend. No, I never had any reason to suspect him, if I had, I should not have made him my foreman in this building; he sent me down the men's time they worked every two or three weeks, but no account of this work for Mrs. Marshall.
Q. Whose stone was it?
Knight. It was Mr. Townshend's stone.
Q. By whose direction did you put it up?
Knight. By the direction of the prisoner.
Q. Whose stone was it?
Lacy. It was Mr. Townshend's stone.
I did not do it with a design to defraud my master, it was by mistake not put in my book; it was done August the 20th, and 27th. I took care to cut out that stone to the be st advantage.
Q. to prosecutor. Did the prisoner use to do jobs for himself ?
Prosecutor. He once did a job for the duke of Marlborough, that I afterwards received the money for.
To his character.
Q. What is his general character ?
Morris. I knew him in Oxfordshire and here, he had a general good character.
Mary Sherard. The prisoner at the bar paid the rest of the men at our house, and lodged in my house; he always behaved very well, I never knew any ill of him.
Q. Where do you live.
M. Sherard. I live at the White-horse in Pickadilly.
Q. What is his general character?
Long. I never knew or heard any ill of him in my life. Acquitted .
Edward Navine . The prisoner worked at my house about four years; about a fortnight before he was taken up, I was told by my other men, that he made things up with my stuff, and in my time, and sold them to other people; this made me take care to watch him. On the 13th of June he brought me some brass from Mr. Alexander's foundery; it was charged to me at 14 lb. 4 oz. we weighed it, and it weighed 13 lb. 2 oz. so it wanted 18 oz. of what it was charged to me. I went and searched the prisoner's room, there I found one of the pieces cast from my pattern, which weighed just 18 oz. I can swear it to be my property; he himself delivered it to me.
Q. What are you?
Navine. I am a mathematical and optical instrument maker .
Q. How can you say, that that brass was yours?
Navine. (He produced a book.) This book is carried to the founder; and when he sends a parcel of cast brass, he enters it in this book. Here I am charged with 14 lb. 4 oz. out of which the prisoner took a piece of 18 oz. and delivered me but 13 lb. 2 oz. What is set down in this book, I must pay to the founder, it being set down when it is weighed there.
It being only a breach of trust, he was acquitted .
238. (M.) Elizabeth Smith , spinster , was indicted for stealing one thirty-six shilling piece of gold, one half guinea, and six shillings in money, numbered, the money of John Bagshaw , from his person, in the dwelling-house of Alexander Stubbs , June 12 . ++
Q. Where did she pick you up?
Bagshaw. In Church-Lane, St. Giles's.
Bagshaw. On the 12th of this instant. In the evening she asked me to go with her home; I said I would not go with her to any bawdy-house; she said she had got a lodging of her own. I agreed to go along with her there; when I came there, she took me into a room on a ground floor; and by and by a woman came and demanded a shilling for the room; I gave it her; the prisoner asked me for another shilling, which I gave her. Then I stripped and went to bed to her, but I did not lie long before I left her. From thence I went to the sign of the two brewers in St. Giles's; there I met with another girl, who wanted me to go along with her; I told her I would not go to a bawdy-house; she said she had a lodging of her own. I went with her after I had had a pot or two of purl. She took me to the same house; then I said I had been there before, and had paid for the room, and I would lie there with the prisoner; she was still in bed where I left her; I went to bed to her, but I looked at my money first; there was
Q. Was you sober?
Bagshaw. I was not very sober; when I awak'd she had deserted me, and taken my money out of my pocket.
Q. Did she see you tell it?
Bagshaw. When I went to the window to tell it, she said d - n the money; you are afraid to lie with me, for fear I should take your money; but you are as safe here as if you lay in any house in town. She left her stockings, her bonnet, and her under-petticoat behind her. I got up and went about to the alehouses to look for her, and in about four days I found her, but with no money, only she had cloathed herself with new stockings, shoes, petticoats, and other things.
Q. How do you know but somebody else might take your money?
Bagshaw. I had taken the key, and put it on the inside of the door, and locked the door; and I am sure there were none but she and I in the room, when I went to bed.
Q. What did she say for herself ?
Bagshaw. When the constable examined her, she said I gave her some of the money.
Q. What did she say you gave her?
Bagshaw. A guinea and a shilling; but I had never a guinea; there was found in her pocket a little steel corkscrew, which was my property, but she made away with that in the round-house; there was only a few half pence, and a farthing found upon her.
Q. from prisoner. Are you certain that I am the woman?
Bagshaw. I am.
Q. Was you sensible as to what you did?
Bagshaw. I was sensible as I am now; I saw her twice that day.
Q. Was not you in liquor the first time you was with her?
Q. What had you drank between the two times of seeing her?
Bagshaw. I had drank a pot of purl.
Q. What became of the other girl that you went to that house with, the second time?
Bagshaw. She went away, and left me with the prisoner.
Q. What are you?
Stubbs. I deal in rabbit-skins; he came to my house, and said he had a woman at my house, that he had known two years.
Q. When was this ?
Stubbs. This was the next morning; he said he had been robbed; I said I did not know her by his description. After that justice Welch sent for me, and desired me to do what I could to get the woman; and in four days after, I saw the prisoner drunk in a cellar.
Q. How came you to know the prisoner was the woman?
Stubbs. By a pawnbroker, saying, she had taken out some things, that she had pawned that morning, and had changed half a guinea; so I took her up on the description the prosecutor gave me, and that of the pawnbroker. I delivered her into the care of the constable, he examined her, she had but a penny about her.
Mrs. Barnard. I heard the prisoner say, if she had got a little of his money, she had kept him company long enough for it.
Q. Did you ever see them together ?
Barnard. No, I never did.
Q. Where do you live?
Barnard. I keep a publick house in Monmouth-street; I know nothing of the prisoner; I have seen her before, and that is all I can say.
I know nothing of the matter; to my knowledge, I never saw the man before now, in my life. I go a washing and scowering for my living . Acquitted .
John Ecken . I live at Finchley . On the 24th of May last, I went to Whetstone; and was asked there if Joseph Field worked with me or not; and, on farther talk, I found there was a bedstead carried that way, that morning early. I went on, and found my bedstead at a broker's at Barnet.
I work for the prosecutor, he gave me this old bed upon my back, and I carried it into the house where I lodge. Please to ask him, he will say the same.
Prosecutor to the question. This is all false. I ordered him to carry it over to an old house belonging to me to be there to sweeten; not to take it to his house; I never gave it him; it is worth four pounds.
Guilty 10 d .
240. Elizabeth Harris , spinster , was indicted for stealing two skains of Spanish silk, value 4 s. the property of John Lamater , and James Vieran , June 9 . to which she pleaded guilty . She was ordered to be branded, and was branded accordingly .
Q. Who do you work for?
Harris. My mother is employed for Mr. Lamater, and I took some of his silk, which she was at work upon, and carried it and sold it to the prisoner at the bar.
Q. Where did your mother work?
Harris. She used to wind his silk at her own home, I used to assist her.
Q. How came you to carry it to the prisoner?
Harris. I had seen one Mrs. Acton go there with some, so I went with some.
Q. Did she ever desire you to bring it?
Q. How much did you carry in the whole to her?
Harris. I carried about twelve ounces to her.
Q. How do you know it was about that quantity?
Harris. Because my mother has wanted that quantity in her weight.
Q. What did she give you for it?
Harris. Sometimes she has given me a penny an ounce, and sometimes three halfpence.
Q. How came you to know that you was to have money for it?
Harris. I saw her give the other woman money, and I thought she would give me the same.
Q. How much an ounce did she give the other woman?
Harris. I do not know.
Q. What did she use to say to you?
Harris. She never said any thing to me, only took it out of my hand, and gave me money according to the quantity I brought.
Q. Did she ever bid you come again with more?
Harris. No; she never used to say a word to me.
Q. Who is your master?
Nichols. Mess. Lamater and Vieran. This I had from the prisoner at the bar. I heard her confess before justice Quarrel, she did receive silk of this girl?
Q. Did she say what quantity?
Nichols. No, she did not.
Harris. It was in skains.
Q. Look at these scales.
Harris. She weighed it in these scales.
Allen. Here is a false balance to the scales.
Q. Did you hear the prisoner examined before the justice?
E. Harris. I did; I heard her confess before the justice she bought it of my child.
To her character.
Thomas Green. The prisoner is my mother-in-law; I never knew her to do any harm; that is all I have to say.
E. Davis. I know no harm of her.
Q. Do you know any good of her?
Davis. I never knew that ever she bought silk, she has brought up her family well in the parish.
Q. Are you any relation of hers?
Davis. I am her daughter.
Q. What is her general character?
Organ. Nothing of dishonesty; a very good character; and ready to help any honest people.
Q. Why do you charge the prisoner?
Clark. The prisoner lodged at our house, he told us he had lived with a lady, and she had left him 5 l. a year; he used to dine with me, and always behaved very civilly. On Saturday morning, the 20th of May, he came and asked if we had breakfasted, we said yes; he desired us to make him some tea. After he was gone I missed the tankard; between ten and eleven o'clock it was in a cupboard over night. He came home about ten the next night. I took him up, he confessed it was at the Golden-ball, a silversmith's-shop in Leadenhall-street, at the house of Mr. Job Tripp. I went there, and asked for the tankard, and found it there. Mr. Tripp has the tankard now.
Q. What did the prisoner say for himself?
Clark. He said he dreamed the night before that he must have the tankard, and so he took this opportunity to take it, as he was in great necessity for money at that time.
Job Tripp was called, but did not appear, his recognizance was ordered to be estreated. Guilty .
The prosecutor did not appear. Acquitted .
243. (L.) John Carrier was indicted, for that he had in his custody a certain bill of exchange, with his own name subscribed thereunto, drawn upon William Margesson and John Collison , for the payment of 180 l. to which said bill of exchange he forged an acceptance, and for publishing the same with intent to defraud William Cooper , Sept. 28 . *
John Pyke. I am servant to Mr. Cooper, a dealer in worsted in Newgate-street.
Q. Where is he?
Pyke. He is ill at this time, the prisoner at the bar brought this bill to my master's house (producing one,) it had then the acceptance upon it.
Q. When did he bring it?
Pyke. I can't tell the day, but the prisoner himself since confessed it was the 9th of September, 1756.
Q. Was there any money paid upon it at that time?
Pyke. No, there was not; he desired me to let my master know of his bringing it, my master was then out of town; he said it was accepted by Mess. Margesson and Co.
Q. What did he want with your master?
Pyke. He wanted my master to let him have a note of hand upon it; my master not being at home, the prisoner took it away with him. After that he sent a woman with it, I suppose his wife. She said her husband gave this service to my master; she applied for a note of hand of 26 l. upon it. She left it, and on the 28th of Sept. he came and desired my master to give him a note of hand for 46 l. 5 s. on the credit of the same bill. My master gave it him, but told him he had never indorsed the bill; he then indorsed it, and delivered it back to us.
Q. Look at his name on the back of it, did you see him write that?
Pyke. I did.
The bill read to this purport:
Sept. 6, 1756.
Sir, pay my order 180 l. in Jan. next, for value received, for your humble servant,
To Mess. Margesson and Collison, Southwark.
M. and C.
Pyke. He said the M. and C. was.
Q. Is that their way of accepting?
Pyke. Mr. Margesson and Collison say it was their usual way of acceptance at that time.
Q. How can you undertake to say this is the bill that was brought by him the first time, because he took it back again?
Pyke. When the woman brought it, I took it out of her hand, she said it is what my husband brought before, and she obtained of my master a note of hand of 26 l. She said her husband sent her, and begged very much that my master would oblige her husband, and it was left with my master in my custody. Afterwards Carrier came himself with another note, as I mentioned before, of 46 l. 5 s. I believe we had two or three draughts before.
Q. Do you know of his trading with Mess. Margesson and Collison?
Pyke. I know he did for a considerable sum a year, by his own account.
Q. Was not a commission of bankruptcy taken out against the prisoner?
Pyke. There was, and this draught was proved against the prisoner.
Q. Can you say who he tendered the bill to?
Pyke. He gave it into my hand, and said he wanted my uncle to lend him a note of hand upon it; I read it over; I did not mind the two initial letters; I said it must be carried for acceptance, he said there it is, pointing to the M. and C.
Q. How was this discovered?
Pyke. By the bill becoming due, but we did not proceed sooner, because we could not find him.
Q. When did this bill become due?
Pyke. It became due in February.
Q. Was the commission of bankruptcy taken out then?
Pyke. It was.
Q. Did you ever go to demand the money?
Pyke. A gentleman in Newgate-street came and said Carrier was gone off upon the account of a forgery; then I went to demand the money of Mess. Margesson and Co. I saw Mr. Collison, and shew'd it him, he said it was a forgery, and was very sorry we had got it.
Q. Was the bill proved at the commission of bankruptcy?
Pyke. It was, on the 22d of April.
Cook. This M. and C. is not the acceptance of either of them.
Q. Do they appoint any body to accept besides themselves?
Cook. No, nobody accepts but themselves.
Q. Had the prisoner dealings with them?
Cook. He had.
Q. What migh the deal with them for per year ?
Cook. I can't tell.
Q. Do you think he dealt with them for a thousand pounds per year?
Cook. I believe he might.
Q. Then in that transaction of business, might not there be several bills pass between them?
Cook. There might.
Q. How was their method of acceptance ?
Cook. Their method was at that time in this manner, with M. and C. but I am sure this is neither of their writing.
Q. Are you acquainted with their hand writings.
Salmon. I am.
Q. Are you with that part of their writing of acceptances on bills?
Salmon. I have to do with them every day almost.
Q. Look on this acceptance, ( takes it in his hand.)
Salmon. This is not their acceptance, it is not like either of theirs.
Q. Do you know the prisoner?
Salmon. I do.
Q. Is he acquainted with the manner of their acceptance?
Salmon. He certainly is acquainted with that.
Q. Did he name this bill?
Winter. This is one amongst others that were produced to him at that time.
Q. What bill was he taken up for publishing?
Winter. He was taken up for publishing this bill, and the conversation related to this bill as one.
Q. Are you sure you heard the prisoner say Mr. Margesson and Collison knew nothing of those bills ?
Q. Are you certain to this bill as one ?
Winter. I am, I have seen it several times.
Q. Where do you live?
Winter. I am servant to Mr. Cooper, and have been 27 years.
As for the marks that are upon them, it is the way that I commonly do; as to the bills being forged, there is nothing at all in it.
For the prisoner.
Q. What was his business?
Boston. A wool-comber and yarn-maker.
Q. What has been his general character?
Boston. I never heard any thing amiss of him.
Q. What has been his general character?
Watkins. He always paid his workmen, and behaved well.
Q. How long has he absconded?
Watkins. He absconded about a year and a half ago, but I cannot take upon me to say to a month.
Joseph Pascoe . I have known the prisoner eighteen years, I was servant to him once, he always bore a good character, and paid his workmen very well. He might deal for six, seven, or eight thousand a year; he employed some hundreds of spinners.
Mr. Beazley. I have known him six or seven years, I have sold him wool, he always behav'd like an honest man to me.
Mr. Langton. I have known him about seven years, my acquaintance with him has arose from the nature of my business. I have had bills from him; some of Mess. Margesson's and Collison's accepting.
Q. Look if this is like their signing?
Langton. I am not acquainted with their hand writing, I think those that I had were rather larger letters.
Thomas Hill. I have known the prisoner about seven or eight years or more.
Q. What is his general character?
Hill. I know no harm of him, in regard to his dealings with me, he behaved like an honest man.
Q. What is his general character?
Warne. I can't say much to his character; in the dealings I have had with him he behaved honestly.
Guilty , Death .
James Higley . On the 2d of May, between eight and nine at night, the prisoner was found in my kitchen, they detained her till I came home. Then I asked her what business she had there; her answer was, that the boys had been worrying her in the street, and she took into my passage, and tumbled into my cellar. I took her to the Round-house, and went down into the cellar to see if there was any body else concealed; in looking about I found two brass candlesticks and a tea-kettle, that had been before in the fore-kitchen, removed into the back-kitchen.
Q. Do you know who mov'd them?
Higley. I do not.
Richard Akerman , gent. keeper of the said goal , June 1 . ++
The jurors present that William Coffield , on the 4th of May, in the 31st year of the reign of our sovereign lord the king, did about the hour of two in the morning, on the same day, burglariously break and enter the dwelling-house of Thomas Garret , and stealing out thence forty-six pair of silk-hose, value 20 l. twenty-eight pieces of silk, value 20 l. nine guineas, one half guinea, three 36 s. pieces, one moidore, and forty shillings in money numbered, the goods of the said Thomas.
(See Numb. 213 in last paper.) That he puts himself on his country; jurors say guilty of grand larceny, not guilty of the burglary (no goods) to be transported for the term of seven years.
Richard Akerman , Gent. On the 1st of June I had an information that some of my prisoners, that were transports, were endeavouring to make their escape; there were at least twenty or thirty in a ward. After searching a little time, we found the bars almost saw'd through, and in eight different places, some quite through. We afterwards found a clock spring saw, (producing one.) This is it, it was buried under one of the planks, or barracks, which they lie upon, we found two or three pieces more of saws, that were broke. Some of the prisoners told me they were broke while we were searching. Upon this I ordered the prisoners to be secured. My turnkey told me that the wife of Coffield, one cast for transportation, brought in the saws. I ordered my servant, when the woman came to her husband, to stop her, which he did, and she readily confessed she brought in the saws to Coffield, which then she said was her husband.
Q. Did you shew her this saw?
Akerman. I did, she said she bought it, and her husband gave her the money. She said she was very sorry for what she had done. I asked her where she bought it, she said at the White-Lion, in a street at the upper end of Newgate-street. I took her with me there, and she went into a shop, and pitched on a young man that she said sold her the saw; (it was the White-Lion; Foster-Lane,) the young man compared it with the rest of his saws, which they have in half dozens, it appeared to be one of the same. I desired the young man to go along with me to my Lord-Mayor; there he said he believed he sold this saw to the woman at the bar; (he is here now, if there will be any occasion to examine him.) My Lord was a little dubious about committing the woman, as she said she was the wife of Coffield; she said she was asked at church, and married at Hanover-square. I took it down, and told her I should take the trouble of searching. She once or twice said she was his wife, at last she confess'd she was asked in the church to him, but never married to him.
Q. It is necessary to ask you, because it is laid in the indictment, to be without your privity, did you consent to this saw being brought into Newgate ?
Akerman. No, I did not.
William Freeborn . I was ordered by Mr. Akerman, my master, to stop the prisoner, as one of the prisoners had given information she had brought this saw into Newgate. She came in the morning, and I stopped her, and had her search'd, there was nothing found upon her.
Q. Did you hear her acknowledge she brought it into Newgate?
Freeborn. I did, she said she brought it in to her husband.
Q. Who found it?
Freeborn. I did, under the barracks where they lie.
My husband did not tell me what it was for.
For the prisoner.
Q. What is her general character?
Glassbrook. I never saw any thing hurtful by her, she has a very good character.
Q. How does she get her livelihood?
Glassbrook. By doing plain-work, and teaching little children. She has behaved like a very prudent woman.
Q. Is she a married woman?
Glassbrook. I suppose he is now in Newgate.
Q. What is her general character?
Swannel. I never knew any thing of her, but that she bore a very honest good character; I knew her husband, I did not know till lately but that he bore the same good character.
Q. What is his business?
Townley. He gets mushrooms, and does them up and sells them . On Sunday the 7th of May last the deceased came to my house, and asked for Robert Baker , my wife said he was just gone out, and wondered he did not meet him; she said he was gone to St. Anne's-church; he said he would go and see if he could find him.
Q. What time of the day was this?
Townley. This was about one o'clock. After dinner I lay down on my bed, and between four and five was called up, and told that Baker the prisoner had killed a man. As I was coming out of my room, I saw Baker coming down stairs; O Lord, said he, what have I done! putting his hands together; I said he had done badly indeed, if he had killed a man, as I had been told.
Q. What had you been told?
Townley. There had been a messenger with me, and told me he had seen the man lying dead on a bed, that is in the same room that Baker lies in, in my house. I went for a constable, and went up with him, and saw the deceased lying dead on the floor.
Q. Was you present when the prisoner was before the justice?
Townley. I was.
Q. What did he say there ?
Townley. He said he had not struck the man. He told his worship that Bushby had pushed his head against him, and had flung him on the bed, and beat him. The justice asked him how he got from him, as if the man did not run after him, he made little or no answer.
Q. What did he say they quarrel'd about?
Townley. He said it was about a little catchup, and that he would not let the deceased have it.
John Paget . I was at Mr. Townley's about a quarter of an hour before Mr. Baker came down. He came and called for Mr. Townley, he came down open breasted, without a hat. As he called out Townley, I said to him, Mr. Baker, what do you want with him, he answered it was upon life and death; I said to a man that was with me, let us go up. Baker said to me, the man is drunk. We went up, there I saw the deceased lying dead on his back on a bed. I said I will see whether he is drunk or not. I took him up, and said you have killed the man; he said then, if I had not killed him, he would have killed me. I live at Mr. Townley's.
William Eld ridge. I was at Mr. Townley's, and the prisoner came down, and said for God's sake come up stairs, for it is life and death. I went up stairs, and saw the deceased lying cross a bed dead: Baker said he was drunk; I never saw the deceased before, I know not how he came by his death.
This Thomas Bushby has been with me several times; he came one night, and brought a bottle, and asked me if I would give him some catchup; he fill'd it; I asked him six-pence for it, he said he would have it for nothing , and because I would not let him have it for nothing, he tumbled me down. I fell backwards, and he lay on me, he beat me, I had much ado to get from under him, he was always a notorious drunken man.
Guilty of Manslaughter .
Parry. Mr. Cruchfield belongs to a club at my house, Mr. Hall I do not know, the prisoner gave me the order, and I gave him a glass of wine, he bid me get a bill ready wrote for the wine and bottles, but said he should bring the hamper back again.
Q. Did you prepare the bills?
Parry. I did, and charged for bottles and wine. He said he would go and get a cart from Bartholomew-close, and come and take it away. He was gone not a quarter of an hour, and came back again, and said he wanted six or seven shillings to give Mr. Jefford change, at the Blue-Boar in Cannon-street. I opened the till, and gave him 8 s. After I found he did not come according to his time, I went to Mr. Jefford to know if any such person called there. I was informed no such person had been there. Since that, I was coming down Holbourn, there I saw a mob of people, in the midst of whom I saw the prisoner, he was taken up for defrauding another vintner. I asked him if he did not remember his coming to me with such a pretence, and his getting 8 s. of me; he owned that he had the money, but said he did not rob me of it.
Prisoner. I shew'd him no paper; I ask'd him to lend me 8 s. and he lent it me.
Parry. He came with a paper when he gave me the order.
Q. Did you know him before ?
Parry. I never saw him before that time to my knowledge? that order I found to be entirely false.
I have no friend within one hundred and forty miles of this place; I only borrow'd the money, and he lent it me out of his pocket. I once was coachman to this Mr. Hall, but have been out of place about a year and a half. Guilty .
Anne Bates . The prisoner at the bar took a lodging of me at 18 d. per week; as she was gone out, I went up to sweep my rooms, and make my beds, and I miss'd one sheet from off her bed. She came home and lay in her bed that night, and I took her up the next morning; then she had the other sheet concealed under her petticoats. She fell on her knees, and acknowledged she took them, and said it was done through necessity; she owned she sold the other to an old-cloaths woman in Monmouth-street when she was before justice Welch.
I lay there two or three nights; I was very much in liquor, and know nothing of the sheets laid to my charge.
Guilty 10 d .
249. (M.) Arthur Hambleton was indicted for stealing one worked linen handkerchief, called Dresden, three linen gowns, one-linen bib, one linen apron, two other gowns, one sattin gown, three linen petticoats, one other petticoat, one linen shift, one pair of ruffles, one linen tablecloth, one pair of plated shoe-buckles, one cloak, three breadths of a damask gown, one pair of linen sheets, two linen table-cloths, twelve napkins, twenty-three linen clouts, two womens waistcoats, one child's coral, two salt spoons, six china cups, and six china saucers, one linen gown, one white silk lining to a gown, one silver snuff-box , one silver picture-case, one silver tea-spoon, eighteen mocoa buttons, one clock without a case, one linen waistcoat, two laced handkerchiefs, one linen handkerchief, two linen worked handkerchiefs, five linen shifts; four linen caps, two ells of linen; one muslin handkerchief with a border, six napkins, eight other napkins, four table-cloths, three pair of sheets, two pair of thread stockings, three pewter dishes, seven pewter plates, two water-plates, one black waistcoat, one scarlet ditto , the goods of William Ing , March 30 +
Mary Ing . My husband is now in the king's-bench prison, on the other side of the water; I am with him at present; I had a lodging in Faulcon-court there, and another on this side the water at Mr. Rumley 's, a taylor, in Clare Court . I lost the goods mentioned in the indictment; out of that last mentioned lodging.
Q. When were they taken?
Ing. They were begun to be taken in January last, and ended in the month of March, I believe. The prisoner lodged and boarded with us
Q. Where did you live when he lodged with you?
Ing. Then I lived in Craven-buildings in the Strand.
Q. What have you to say against him now?
Ing. He came and asked it as a peculiar favour, that my husband would indulge him, two or three nights in January last, to let him lie at our lodgings in Clare-Court.
Q. Where was your husband then?
Ing. He was then in the King's-Bench prison; there we let him lodge, and there were all these goods mentioned; but he took the liberty of staying longer, for he was there three months.
Q. Had you beds in your lodgings ?
Ing. I had several; he came over to me, and desired me to be careful about my lodgings. I had no good opinion of him. I went over the 21st or 22d of May, in order to look over my goods; I unlocked a cabinet, and found the bolts had been forced, and it had been opened without unlocking; out of that I missed a Dresden waistcoat, a silver snuff box, one Holland shirt, one worked apron, and I believe a handkerchief or two.
Q. When had you seen these things you mention before?
Ing. I saw them the last time I had looked in it, which was about two months before?
Q. Did any body lie in that lodging besides the prisoner ?
Ing. Yes, my son lay there on nights, but was not there on days all the time the prisoner did; he used to come to me at about eight o'clock most mornings, and to go there by ten at night. I missed a quantity of pewter, a tea-kettle, some china cups and saucers, and a clock without a case, out of the kitchen.
Prisoner. I acknowledge I took many things and pawned for their use.
Q. How is your husband supported in prison?
Ing. By his own fortune: he has got an estate in the city of pretty near 200 l. per year.
Q. What does he lay in prison for?
Ing. There are only two actions against him, one for 27 l. the other for 12 l.
Ing. I do; he is my son; it is he that lay in the lodgings on nights.
Ing. I do.
Q. Did he never lay in lodgings ?
Ing. He did; he was taken there by the prisoner, and my son admitted him?
Q. Had not the prisoner frequently used to come over to you and your husband?
Q. Was he not employed by your husband to look out for a coffee-house for him ?
Ing. He was.
Q. Did you never employ him to pawn some of your things ?
Ing. No, never.
Q. Did you never employ your son to pawn things for you?
Q. Did you never receive money of either of them for things that were pawned?
Ing. No, never.
Q. Do you know of your son sending the prisoner to pawn things ?
Ing. My son has told me he has given him some trifling things to carry out.
Q. Who do you imagine had the money?
Ing. I imagine the prisoner has had part, and my son a part.
Q. From January to March, had you not been over at their lodgings ?
Ing. I have two or three times; but did not open a drawer.
Q. Did your son tell you these things were going, before they were all gone?
Ing. I cannot say he told me of it till afterwards.
Q. Did not you arrest the prisoner for a debt?
Ing. I did, it was a debt of 6 l.
Q. Was he carried to prison?
Ing. He went to the Marshalsea for it; but we dropped that.
John Williams. I lay at the lodgings every night, but was frequently out every day.
Q. Was you there all the time the prisoner was in the house ?
Williams. I was; I was in some distress, and he persuaded me to send a few of the things; I sent him with seven small pictures, my own
Q. Did you write it as he desired?
Williams. I did in these words for the book wherein were the account of all the things.
Q. Whether you know of any goods being pawned by the prisoner at the bar, except what you have mentioned of pictures, your own cloaths, a ring, and trifling things to the amount of 30 s.
Williams. I do not. Here is a letter of his hand-writing, that he sent to my father-in-law in prison. I know it to be his hand-writing: I desire it may be read.
It is read to this purport.
'' I am very sorry you have proceeded so '' far; and if you will be so kind as to defer '' putting in execution, what I hear you have '' got against me, I will do any thing you shall '' require. As to my being cleared here to day, I '' cannot, until Friday next, therefore beg for '' God's sake, you will let me stay here. I will '' drop the cause and give you all the security '' you shall demand for your debt; I will get '' some gentlemen in the city to write to my '' friends, and make no doubt that they will remit '' me money to restore all your things, '' and pay all I am indebted to you. In compliance '' with this request, I shall be thankful, '' &c.
'' P. S. I will drop the cause this day; and if '' you will please to let me know what you require '' of me, I will immediately comply with '' with it.''
Q. What business are you in?
Williams. I was some time with Mr. Wilcox, a bookseller.
Q. How are you supported?
Williams. My father-in-law supports me.
Q. Did you ever give your father and mother any account of Bentley's pawning your cloaths, and the prisoner some other things?
Williams. No, I did not.
Court. Look at this letter.
Williams. This is my own hand-writing.
Prisoner's council. I desire that may be read.
It is read to this purport.
'' Dear Sir,
'' I am very sorry to hear of your misfortune; '' at present am so ill, am confined to my '' room. I beg you will send me word where all '' my cloaths are, you were so kind as to leave '' for me; for I must make affidavit that they '' were my property. You have likewise a list of '' some things Mr. Hambleton took from me, '' which beg you will send by bearer, and if you '' cannot get pen, ink, and paper, beg you will '' send a verbal message.
'' P. S. Mr. Hambleton says there is an account '' of all the above things in a blue book, which '' beg you will send.''
Q. Was there a blue book in Mr. Bentley's hands?
Williams. There was; it had blue leaves.
Q. Did not you know of the china and tea-kettle being taken away?
Williams. No, I never missed them; being frequently over the water.
Q. Was you at Mr. Fielding's on Mr. Hambleton's examination?
Williams. I was at his last examination.
Q. What did he say to you there?
Williams. He told me he had delivered things to him to pawn, and I had received the money for our use.
Williams. It was not for my mother, neither did I say so. I wanted the money to pay for some things that were in Piccadilly.
Q. What things ?
Williams. They were some spoons that were left there at an inn. There was some money to have been paid; it was three or four shillings short.
Q. from prisoner. Whether he did not send Bentley out with some spoons to pawn for him ?
Williams. There were some salt spoons I believe I did send him with, but am not sure.
Q. Was there no other thing that you can recollect, that you sent the prisoner and Bentley to pawn?
Q. from prisoner. Did you desire Bentley to break open a desk?
Williams. That was a desk of my own.
Q. from prisoner. Whether you did not desire him to come over and pawn some things for you?
Williams. That was in regard to a stone-buckle of my own.
Q. Who receives your father's rents?
Williams. He receives them himself; sometimes my mother, sometimes I do for him.
Q. How long has he been in prison?
Williams. He has been in prison three quarters of a year.
Q. What are the names of his tenants ?
Williams. Mr. Taaff in Threadneedle-street, Mr. Brown, a peruke-maker, and another gentleman that is clerk to Mr. Alexander.
Q. Was not your father protected some time before he went to prison?
Williams. I believe he was some little time.
Q. from prisoner. Was it with your consent that Bentley should be at your lodgings?
Williams. It was; and my father and mother did agree to it.
Nancy Wilkinson . I was housekeeper to Mr. Innes, an attorney, in Gravel-lane, Southwark. The prisoner's wife came to me when I lived there, and said Nanny here is poor Hambleton: I said I thought he had been at sea. I went out after her, and heard her say to him, my dear, I want a pair of shoes; he said, my dear, what can I do? if I take any thing more out of the drawers, they will be missed. I went to Mrs. Ing, and told her what I had heard.
Q. Was Mrs. Ing and you acquainted before?
Wilkinson. No. She was quite a stranger to me.
Q. How did you know where to find her?
Wilkinson. I went to her lodgings in Faulcon-court. I had never seen her but once before.
Q. When was this?
Williams. This was about three months ago.
Q. What month?
Williams. I believe it was the beginning of March.
Q. Did the prisoner and his wife come together?
Wilkinson. They did; but he was at the door.
Q. Where do you live now?
Wilkinson. I live now with Mrs. Ing.
Q. Who supports you?
Wilkinson. Mrs. Ing does.
Q. Did you ever pawn any of your master's things to support Mr. Ing?
Wilkinson. No, I never did.
Q. Nor did you ever pawn any of Mr. Ing's things?
Wilkinson. No; I took a gown of my own, and pawned it to buy snuff, and what I wanted.
Francis Patrick . I live in Drury-lane, and am a pawnbroker; the prisoner at the bar brought several things and pledged at my house, at several times, from the 11th of February, to the 25th of March; five gowns, a sack, four petticoats, a shift, a pair of ruffles, and a pair of plated buckles. The whole were pawned for about 39 s. 6 d. I questioned him very closely; he said they were all his own wife's wearing apparel. Mrs. Ing saw them before the justice, and there swore to them.
Q. What name did he pawn them in?
Q. Are you sure it was the prisoner that brought them?
Patrick. I believe him to be the man.
Q. Who took them in?
Q. Is it not a usual thing for people to pawn in feigned names?
Patrick. It is very common.
Q. Did you know the prisoner's name?
Patrick. No, I did not.
Q. How many parcels did he bring in all?
Murdey. He brought three parcels; divers things in a parcel; they were all pawned for about 3 l. pewter; a coral; and two salt shovels; they were brought last in the name of William Ing , for 6 s. he said he lived at a taylor's in Clare-court; we went and enquired, and found Ing was in the King's-bench, and the prisoner lodged there.
A. Boythort. I live at Mr. Stone's, Princes-street; the prisoner brought some things to our house. I remember there was a girdle-buckle which Mr. Williams said he sent him with; (some sheets produced.) I cannot take upon me to say, I saw who brought them, for I did not see them taken in.
The prisoner said nothing in his defence; but called the following witnesses to his character.
Q. What is his general character?
Roak. He has a very honest character.
Q. What was his way of living ?
Roak. He was clerk to two different people; I do not know in what way.
Roak. I do; she told me if I came here to be evidence for him, it would be the worse for him.
Q. Did she say she came from any body with this message ?
Roak. No, she did not, but she said she told me as a friend.
Jonton Hiland Bidgar. I have known him extremly well for twenty-seven years.
Q. What has been his general character?
Bidgar. He has been very wild in spending his fortune; I never heard him charged with any thing else; he is son to a very eminent merchant in Liverpool. I do believe him to be a very honest man; he may have been guilty of some imprudencies.
Q. What is his general character?
Ferne. It is that of a wild young fellow; but I never heard of any felony laid to his charge.
Guilty 39 s .
Q. What have you to say against the prisoner at the bar?
Owen. I can't say he took it, the other witnesses will give a farther account. I can't say I recollect seeing him in my house.
Thomas Forshall . I am a pawnbroker, and live in St. Martin's-lane; the prisoner at the bar came with a mug to me to pawn; on the 6th of this instant, between six and seven in the evening, he was very much in liquor, he asked two guineas upon it. I asked him if it was his own, he gave me no answer. I stopp'd him and the mug. I saw on the mug the Thistle and Crown; so I went to Mr. Owen's and asked him if he had lost a mug, he said he had, (produced in court and deposed to.)
I do not remember a little of the matter, I was so much in liquor. I have been an officer in the army, and served last in North America in the Torbay in 1756, and have been out of the service since June 1756.
Q. What is his general character?
Marsellas. I never heard any thing ill of his character, he is the last person I should have suspected of committing such a thing as this.
Ewan Morgan. I have known him twelve months, he came and took lodgings at my house in Drury-lane.
Q. What are you?
Morgan. I deal in charcole, sea-cole, and all sorts of cole; he lodged with me about half a year, and behaved very well, he has a good character by every body that knew him.
Manna Brown. I am a cork-cutter, and live in the Strand; I have known him between four and five months, he came to lodge with me the beginning of February last, he behaved always much like a gentleman, honest in every respect; I never heard any thing amiss of him in my life.
Thomas Allen . I am a cabinet-maker, and have known the prisoner upwards of twelve months: he behaved well to every body, as far as ever I heard; I have lent him money, he always paid me very honestly, if he had wanted a hundred pounds I would have obliged him.
Q. What is his general character?
Morris. His character is exceeding good, he is a good natur'd gentleman, and always behaved as such.
251. (M.) Anne Johnson was indicted for stealing one silver buckle, value 11 s. one shirt value 5 s. one pair of stockings, value 2 s. one pair of jumps, value 1 s. 6 d. one bolster, value 4 s. and one linen cap, value 4 d. the goods of Joseph Butler , June 14 . ||
Joseph Butler . I am a blacksmith , and live in the parish of St. George, Middlesex , the prisoner had ready furnished lodgings in my house. I went to work on the 14th of June, in the morning between five and six, the prisoner took an opportunity of going away with the things mentioned in the indictment.
Jane Butler . The prisoner went away on the 14th of June, after which I missed the things mentioned in the indictment. I found nothing again but the single shoe buckle; that I found at Mr. Barlow's, a silver-smith in Whitechapel, (produced in court, and the fellow to it,) the pair cost 30 s.
Q. Where was you when she went out?
William Allison . I am servant to Mr. Barlow, a silver-smith in White-chapel, the prisoner came and told me she lived at Ilford, that she had found that odd buckle in the road; she asked me to buy it; I weighted it, it came 11 s. 6 d. I gave her that for it; she said her name was Anne Johnson . In the afternoon the prosecutor's wife came to enquire if such a woman had brought such an odd buckle. I shew'd her it, she brought the fellow to it, and I compared them, she owned it as her property.
I never saw that silversmith in my life, it was not me that sold the buckle to him.
252. (L.) Sarah Thornton , widow , was indicted for stealing one man's hat, value 5 s. four linen caps, value 6 d. three linen aprons, value, 3 s. four other linen aprons, value, 3 s. one neckcloth, value 6 d. four napkins, two pillowbears, one sheet, four clouts, one flat iron, and one dimity skirt , the goods of Thomas Grout , June 19 . ++
Thomas Grout . Last Tuesday was a week, we missed the things mentioned in the indictment, the prisoner at the bar, who lived with us, confess'd she had pawn'd them in Moor-lane, but could not tell the man's name.
Prosecutor. These goods are all mine.
Benjamin Goff . I am constable, I found these goods at the pawnbroker's, the prosecutor's wife was with me, she own'd them all as her property.
The prisoner said nothing in her defence.
253. (L.) John Parke and James Green were indicted for stealing fifty pounds weight of raisins, value 12 s. the property of James and Thomas Turney , merchants ; it was laid over again to be the property of persons unknown, June 9 . +
William Boner . I was officer of the night; Green was brought in with a thrale of raisins, he said he had them from near a parcel of such raisins that Parke had the charge of, and Parke said he might take them. Parke was brought, he denied it at first; they seemed to be the property of James and Thomas Turney , merchants.
Thomas Newin . I am a watchman, I stopped Green at the corner of Tower-street, he said he was going to Iron-gate, he had a thrale of raisins; I called two other watchmen to me; he said Parke gave them to him. Parke being sent for, said a Spaniard had given them to him to carry to Iron-gate, but Green was going Fenchurch-street way.
Thomas Woodward . I saw a watchman had hold of a man, I look'd at him, and knew him, and said Jemmy, have you been robbing the keys, he said they were given him to carry by old Joseph, I said there were a great many Josephs, then he said Joseph Parke ; I went to Parke, he said he had a charge and could not go with me; at last he went, he look'd at Green, and at first said he did not know him; upon which Green got off his seat, and said what do not you know me? then Parke said I believe I did say you might carry it. He was asked if it was not like Mr. Turney's fruit, he said it is like it, for it came out of the same ship.
Thomas Dilly . I am clerk to Mess. Turneys, I cannot swear whether they lost any fruit or not; there should have been two thousand four hundred baskets, but there were five short of the account, yet there were five more than the land waiter's account.
This man (pointing to his fellow-prisoner) said he had the thrale of goods from two outlandish-men, and it was to be sent down to Bristol, and I was to carry it to Iron-gate.
In the evening between eight and nine of the clock came two men, they talked pretty good English, they said we have some raisins we had of the owner of the ship which we belong to, we are afraid of their being taken away. They said they would satisfy me, or pay a man whom I should order, to carry them to Iron-gate; they were to be sent to Bristol; so when this man came, I gave him the basket to carry.
Mr. More. I have known Parke upwards of fifteen years; I take him to be a very honest man.
Both acquitted .
John Grant . The prisoner at the bar was my servant about eight weeks: I left him in care of my house and shop, the watch was in a drawer, he took it, and went away with it. I took him some time after, and he acknowledged he had taken the watch, and said it was at his sister's: the constable went and found it. (produced in court and deposed to.)
Q. Did he say how he came by it?
Rison. No, he did not.
I was servant to Mr. Grant; he left me in care of the shop, and things in it, but not the watch. I was got fuddled, or I had not took it.
Henry Myers was indicted for wilful and corrupt perjury , April. 5 . ++
Thomas Gurney . I took minutes of the trial of James Cotes in April sessions last; he was tried for robbing Mr. James Dunier on the highway of a silver-watch, in Marybone fields, on February the 27th at night. The prisoner Cotes in his defence called the present prisoner at the bar; who, after he was sworn, gave in evidence, that he was going up Tyburn-road on Monday was five weeks, which must be Monday the 27th of February, the same day the prosecutor of Cotes was robb'd. This Myers said, that on Monday, about ten in the morning, he saw Cotes, near Oxford-market, buying a pair of buttons of a Jew, in a dark red cloak; that he changed sixpence for them; that the Jew asked Cotes, if he would buy a watch; the Jew asked three guineas and a half for it, and at last they agreed for two guineas and a half. Upon being asked how long he had been acquainted with the prisoner Cotes, answered he never saw him before that time; or since, till then in the court. He was then asked, how he came to find the prisoner Cotes out? the prisoner said, because he described me to his wife, what sort of a man I was, as being a lame person; so Cotes's wife found him. Upon being asked, what sort of a watch it was, said, it had a key, and a bit of packthread to it, and it was a white one. Then Cotes asked him, if he did not pick up a paper that dropped out of the watch when he was buying it? then the prisoner produced a watch-paper. The prosecutor being shewed the paper, said there was such a one in his watch, that was taken from him; that there were two watch-papers, and, that if it was his, it lay uppermost. He was asked, if he had the paper from the prisoner Cotes? he said he had not, but that he then put it in his pocket, and had had it in his pocket ever since. Being asked, how Cotes knew that he had that paper, said, he told Cotes there was something fell out of the watch; Cotes said it was good for nothing; so he put it in his pocket. See the trial of Cotes, No 193, in April sessions last.
William Humphrys . I am a pawnbroker; James Cotes the person tried here, and since executed, delivered this watch to me on Tuesday the 28th of February; ( holding a silver watch in his hand ) I was an evidence on his trial.
Q. Did you hear the short-hand-writer give his evidence now?
Humphrys. I did. What he has said is truth.
Q. When had you that watch?
Humphrys. Mr. Dunier put it into my hand.
James Dunier . I was the prosecutor of James Cotes : since he received sentence, he sent for me, and confessed he robbed me of my watch, and asked my par don. The prisoner at the bar was produced as an evidence for Cotes on his trial. He then swore he saw Cotes buy a watch of a Jew-like man, near Oxford-market.
Q. Have you heard the evidence the shorthand-writer has given?
Dunier. I have; I remember it perfectly well; he has given a right account of it.
Q. Can you swear to that paper, that the prisoner produced?
Dunier. I cannot, it being a printed paper; I had one of the same sort in my watch, and when I received my watch from Mr. Humphrys, that paper was not in it. I remember the court was of opinion the prisoner had perjured himself on his producing that paper, which he swore fell out of a watch, which the prisoner Cotes, he said, was buying on the morning of the same day, that I was robbed of my watch in the evening: so that at the time he swore to, I must then have had my watch, with that paper in it in my pocket.
Daniel Stevens , whose sentence was respited last sessions
Received sentence of death, 2.
For transportation for fourteen years, 1.
For transportation for seven years, 18.
Margaret Bruanna ; Robert Finley ; William Viquart ; Aaron Iron ; Anne Johnson ; Elizabeth Rice ; Thomas Brown ; Arthur Hambleton ; Sarah Jones ; Edward Richards ; Thomas Jones ; John Margrave ; Maria Matthews ; John Buckland ; Sarah Thornton ; William Benisford ; Thomas Tyers ; and
Daniel Stevens , whose sentence was respited last sessions .
To be branded, 2.
To be whipped, 2.
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