Printed, and sold by M. COOPER, at the Globe in Pater-noster-Row. 1759.
King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.
BEFORE the Right Honourable Sir RICHARD GLYN . Knt. Lord-Mayor of the City of London: The Honourable Mr Justice BATHURST *; Sir JOHN EARDLEY WILMOT, Knt. +; Sir WILLIAM MORETON , Knt. Recorder ++, and others of His Majesty's Justices of Oyer and Terminer for the said City and County.
N. B. The characters * + ++ direct to the Judge by whom the prisoner was tried; also (L.) (M.) by what Jury.
William Bateman . I am a servant to Mr. Flaxney, a Carman; I had thirty-three hundred weight of cheese in my cart, the property of Mr. Fosset; as I was going down to the Custom-house, I saw the prisoner at the bar jump up into my cart and take out a cheese.
Q. When was this ?
Bateman. This was about seven in the evening, on the thirtieth of June; I stopp'd the cart and ask'd him what he had done with the cheese; he said, he had no cheese; I saw him throw it down into the dust-hole, going down to the Custom-house; then the prisoner said, if he had known that I was to have paid for it he would not have taken it.
Q. Did you know him before?
Bateman. I did; he did drive a cart.
Bateman. This is the same cheese.
Q. What is the value of it?
Bateman. Here is ten pounds and a half of it, at three-pence a pound.
I was driving my master's cart, and this cheese lay in the gully-hole; I took it up, and chuck'd it into the cart; and as I was driving my cart along he would not give me time to drive it home.
Thomas Sadler and John Morris to watch on a Monday about three weeks ago.
Q. Where was the lead?
Hawksworth. It lay on the top of the building; it was loose lead, a great deal of it.
Q. What is the prisoner?
Hawksworth. I believe he is apprentice to the Slater that did business for the Hospital; the two men brought him a little after ten o'clock that night with the lead, to me at my apartment.
Q. Where is that ?
Hawksworth. It is in a place call'd the Stable-yard.
Q. Whose lead is it ?
Hawksworth. It is the property of his Majesty.
Thomas Sadler . I was set to watch by Mr. Hawksworth, along with Morris; we concealed ourselves on the top of the building; about ten o'clock the prisoner came and made a rattling among the slate, the lead being behind it; he took up some lead and was going off with it, and we push'd after him, and took him with it under his arm as he was just going down stairs.
Q. Was any body with him?
Q. How much lead was there of it?
Sadler. There were about twenty pounds weight.
Q. Is the account that he has given of it truth ?
Morris. It is.
We had been drinking; and a journeymen that work'd under my master persuaded me to go up and fetch it down; they never took hold of him, and he ran away; he was at the bottom of the stairs when we came down.
215. (M.) Mary Turner , spinster , was indicted for stealing one brass pot, value 12 d. one pewter dish, value 12 d. five pewter plates, one copper stew-pan, two flat-irons, one brass candlestick, one linnen sheet, one pair of linnen pillowbiers, one copper saucepan, one copper pot, one copper coffee-pot, and one brass ladle, the goods of Christiana Wright , widow ; one linnen shift, one linnen petticoat, and one linnen cap , the goods of Christiana Barnes , widow , June 21 . +
Christiana Wright . I live in Wild-Passage, in Great-Wild-street , and am an house-keeper ; the prisoner was a servant to a gentlewoman that took a ready furnish'd lodging of me; after missing the goods I suspected her, and took her up, and charged her with taking them; she own'd she had taken them, and went with us to the Pawnbroker's, and call'd for them down, there they were produced.
Q. When did you miss them?
C. Wright. I miss'd some in March last; (a sheet, two pillowbiers, three handkerchiefs, a coffee-pot, and two pewter plates, produc'd in court) these are my property.
Elizabeth Tucker . I am a Pawnbroker, and live in Drury-lane; the prisoner brought these things to me at different times; and said, her mistress sent her with them; and many other things she brought which I have not brought here, they being too cumbersome.
Q. Where did she say her mistress lived?
Tucker. She told me her mistress lived at Mrs Salter's.
Wright. The prisoner's mistress lived at that time at my house, and not at Mrs Salter's.
Tucker. Mrs. Wright has seen all the other things that are at my house, and knows them to be her property.
Q. Where do you live?
Knight. I live with Mr. Barret, Hollis-street, Clare-market.
Q. Where did the prisoner say she lived?
Knight. She told me she lived in Duke-street, at a Bookseller's.
Knight. The prisoner also pawn'd a flat-iron, and three pewter plates to me. Producing them.
The prisoner had nothing to say in her defence.
216. (M.) Margaret, wife of Calcut Chambers , was indicted for stealing one wooden hogshead filled with Tobacco, containing 770 pounds weight, value 36 l. the property of John Hunt ; the same being in a certain lighter lying on the river Thames , June 6 .*
Q. What quantity of tobacco did the hogshead contain?
Lake. It contained seven hundred three quarters and eighteen pounds; I had word brought me the next morning that there was an empty hogshead at King James's stairs; I went and found it to be one that I was in charge of; then I went and looked in the lighter, and found one was gone; then I was informed there was some tobacco scattered about at the stairs at Shadwell. I got two parish officers and searched all day, but found nothing; we beset the place all night; the next morning we went to searching a great many houses, but found nothing that day; the next morning I had information brought me; that there had been some tobacco brought to a house in new Gravel-lane; the person's name is Webster; the constable and I went there, and found some and took it away to the Custom-House. I was told that the prisoner had been there that morning, and had taken some money of Mrs Webster for some tobacco. I went and took her up, and Justice Berry committed her for further examination; I think the day after she was committed, we found the remainder of the tobacco in an empty house, joining to the prisoner's apartment; there was between five and six hundred weight of it, and a ladder standing in her yard that went up in at a window into the empty house. The tobacco is of the same quality of that which I lost.
Q. Has the prisoner a husband?
Lake. She has: I took him up; but I left him in charge of two men, and he got from them out at the door of the house, and at the same time she was going to get out at the window.
Elizabeth White . The prisoner at the bar came to Mrs Webster's on the 8th of June last, in the morning, and asked for a half-pennyworth of snuff; I saw her bring no tobacco in, neither did I see any money paid, but I heard money chink while the prisoner and Mrs Webster were in the little back room together.
Q. Do you live with Mrs Webster?
White. No; she lives at the lower end of the lane, and I at the upper end of it; but I happened to be there at that time; in the afternoon she came again and asked for Mrs Webster; I said, she was not within; she look'd me full in the face, and said, she hoped Mrs Webster would not come into trouble about the tobacco.
Susannah Webster . On the 8th of June last Mrs. Chambers came to my house, and asked me if I would buy a little tobacco; this was at nine in the morning; she had a man with her with a little bag of tobacco; she bid him go away, and I weighed it.
Q. Did you know that man?
Webster. No, I did not.
Q. Do you know the prisoner's husband?
Webster. I do, it was not him, it was a stranger that brought it; we weighed it at three times; the first time twenty pounds, the next thirty-four pounds, and the next twenty-one pounds, which I paid her for at six pence halfpenny a pound; then she went away and soon returned with some more in her apron, which weighed eighteen pounds; I paid her for that.
Q. Did she tell you which way she came by it?
Webster. No; she did not, she said, I should come into no trouble in buying it of her; she had an acquaintance among the sailors, and it might be the sailors for what I knew.
Q. to Lake. Did you see the prisoner near the lighter from whence the tobacco was taken.
Lake. No, I did not.
Alexander Denchar . I am a Taylor and live in St James's parish , Westminster ; the prisoner came to my house and told me he was just come from Plymouth, from on board the Dover Man of War; he took a room of me at five shillings a week; he went away and came the next day with a gold laced hat and cockcade on, and bespoke a coat, waistcoat, and breeches, and desired they might be ready as soon as I could, and said, now I commence your lodger from this day; this was the 1st of June; on the Thursday after he came again and asked if the cloaths were made, and said, he was to go to Vaux-Hall on the Saturday, on which day he came again, and went up into the room he had taken, and sat down and asked for the cloaths; I went up and brought down only the coat; then he was pulling off his shoes and putting on clean stockings; he look'd at the coat and said, the lace was rather too slight; then he asked for the breeches; then I said, when do you mean to pay me for them; he said, let me have the cloaths, and I must go into the city, and will return with the money and pay you, and lie here all night. I desired he would recommend me to somebody, as he was an entire stranger to me, that knew him, before I parted with the cloaths; he said, cannot you see a difference between a sharper and a gentleman; I told him I was not so discerning as always to do that; I told him if he would recommend me to any that would give me satisfaction, as to his character and circumstances, I would give him as much credit as any Taylor in London; then he mentioned my going to a gentleman in Queen-square, whom he called his uncle, and after that he mentioned Mr Dunbar in Grosvenor-street; I would not deliver the coat to him, but laid it down on a chair, and went to my cutting room to give out some work, and when I returned to that room in about twenty minutes, the coat and he were gone; I searched about the room to see if he had laid the coat by in any place, but not finding it, went to my wife, who told me somebody went out at the street-door and left it open; then I went to Justice Fielding, and had the coat advertised with a guinea reward. Afterwards going about the city, I look'd on every body's cloaths I could see of that colour; at last I met with the prisoner in Beaufort-buildings, and laid hold of his collar, and told him that he and I should not easily part. I ask'd him what he had done with my coat; he said, it was in Meard's-court, and I should have it again. The people came about us; I desired assistance, or somebody to go for a constable, but I got no assistance. At last I shew'd the people the advertisement which I had in my pocket, and said, I had advertised a guinea reward, and said, whoever would assist me should have it; then a man went to Justice Fielding's and got assistance, and we carried him there, and Mr. Fielding sent a man as the prisoner directed, who brought the coat there. Produced in court and deposed to.
I was going to Captain Kane in order to get money to pay for the cloaths; but he not being at home I had not the money to pay, and was afraid to go back to my lodgings so fear of being arrested for the money for the coat. I took away my own coat after I had put this on, in order to carry it to the Scowerer to be cleaned. I saw my prosecutor above a hundred yards before he came to me, and staid 'till he came up to tell him when I should bring the money.
Guilty 39 s.
Q. What business is your father ?
Larmond. He is a Sword-Cuttler: the prisoner came to Esther Wright's room about two o'clock in the day.
Q. Did you know him before ?
Larmond. I knew him about four months before; my mother washed for him.
Q. Where did he live?
Larmond. He lived in Long-Acre, but I do not know at whose house he lodged.
Larmond. He is a Stay-maker .
Larmond. She lives with her father and mother in Drury-lane: her father and mother were gone down to Chatham at the time, and she was alone.
Q. How came you to be at that girl's house?
Larmond. She called Mrs. Larmond, my mother, to come and keep her company; I looked out at the window, and said, my mother was laying down the child to sleep; then she desired me to come and keep her company; I went, and the prisoner was then in the room.
Q. What room was it?
Larmond. It was a parlour.
Larmond. No, nobody else: after I had been a little while in the room he went and lock'd the door, and put the key in his pocket, and shut the windows, and put one hand to my mouth and the other round my back, and throw'd me down on the bed; in struggling I got up, and he took his hand away, and I squalled out, and he clapp'd his hand on my mouth again; I got up again, then he throw'd me down a third time and ravished me.
Q. Tell what he did to you?
Larmond. He gave me the foul disease; I am ashamed to mention what he did; - he put his private parts into mine.
Q. What did the other young woman do at the time ?
Larmond. She ran out to call my mother.
Q. How did she get out, you say he had lock'd the door?
Q. How long did you stay in the room?
Larmond. I went away directly.
Q. Did the other girl get any assistance ?
Larmond. No, she was so much ashamed she went and look'd out at the window.
Q. How long was you in the room in the whole?
Larmond. I do not think I was above half an hour in the room.
Q. How did you get out of the room?
Q. When did she say to him she would call out?
Larmond. That was when he was going to use me so.
Q. And did she go to call the neighbours?
Larmond. Yes: she went to call the neighbours at one house in our yard.
Q. And did she leave the door open?
Larmond. She did: but she came in again and shut it; then she went to the window, and open'd the window and call'd, and after I could get liberty I went out at the door.
Q. Did you tell your mother of it when you got home?
Larmond. No, I was asham'd, and I was affrighted; for when she finds any thing amiss she is ready to kill me.
Q. Who did you tell of it?
Larmond. I never told any body of it.
Q. Was your mother at home when you went home?
Larmond. She was.
Q. How came it to be known?
Larmond. On the Sunday morning my mother found it out when I went to clean myself, she was looking over the dirty linnen and found it out.
Larmond. You did.
Q. from Prisoner. Had we any beer at your mother's?
Larmond. You drank a full pot of beer with my mother.
Q. How long was this after you got home?
Larmond. It was not long after: he came up stairs to my mother when I was in the room, and sent for the full pot; he said, he was going away to his club, and did not stay long.
Q. How long did he stay in the whole?
Larmond. He stay'd from two o'clock 'till six at night at Wright's house and ours.
Q. At which house was he longest?
Larmond. He did: to see his uncle and aunt; her father is his uncle.
Q. How long had her father and mother been gone out?
Larmond. This was Tuesday, and they went out the day before.
Q. Had he use to come there to see her when they were out?
Q. Have you ever been in his company there before?
Larmond. I have been often in company with him there, and Mr Wright and his wife.
Q. Was you ever with him at any other place?
Q. Was you ever at his lodgings?
Larmond. No: I have only been with him at my mother's and Mr. Wright's.
Q. When was this?
Wright. This was on Whit-Tuesday; he never came to our house when my father and mother were not at home but on that day. I began to squeal out and had a handle-knife in my hand; I said, I would stick the knife through him if he would not let me get up; then he let me get up, and I call'd Mrs. Larmond; her daughter said, she was gone to bed.
Q. Had he lock'd the door upon you before the girl came in?
Wright. He had.
Prisoner. They were both in the room together when I went in.
Wright. Betty Larmond said, what do you want; I said, is your mother at home, I should be glad of her company; she said, she is laid down; I said, will you come over; she came directly, and was better than a quarter of an hour in the room; he took and laid her down on the bed, and with struggling she got up twice; he laid her down again; then I said, Gilbert, if you will not give me the key I'll cry out murder; I opened the window and began to cry out, but I got the key from him in struggling with him, as he had the child on the bed; he had got his elbow on the child's breast, and his hand on her mouth, and he gave me the key with his other hand; he then said, if I do not get my ds of you, I will on the other. I open'd the door and went out and left it open; I went up and knock'd at Mrs Larmond's door and found that she was lock'd in, the girl having the key of her mother's room in her pocket; then I came back into the room again, and went and look'd out of the window; and said, Gilbert, Why do not you get off of Betty. He never spoke a word; I was quite ashamed to stay in the room, never seeing such a thing before, I began to call out; then I was going to go out, and he call'd me to come in; then I said, Now you are got off. I wanted to go for some small-beer; then he wanted to lay the girl down on the bed again; when I came back again, the girl and I ran out at the door; I said, for God's sake, call Mrs Hunter in; (that is one of our neighbours) he went out I believe about a quarter of an hour after that; the girl went up into her mother's room directly; when I came back with the small-beer, I contrived to get Gilbert out of the room; and said, Mrs Larmond wants to speak with you; he said, she did not; I made him go out of the room, and he went up there; then I lock'd my own door, fearing he should come over again; after that I went up to Mrs Larmond's room, and she was sent for out to a neighbour that was dying; then I went back to my room again.
Q. from prisoner. Where you not both in the room when I came in?
Wright. No, we were not; there was nobody but myself in the room when he came first in.
Prisoner. She never went out of the room while I was there.
Mary Larmond . I am mother to the girl, the first witness; when I was shifting her on Sunday, I said, Betty, my good God, what is this on your shift; come tell me, or I'll be your death; she said, Mother do not strike me, and I'll tell you; I took and turn'd her up on the bed, and saw what a condition she was in; her father came in at the time; then she told me how the prisoner had used her.
This is all done out of spight against me. That is my own cousin that swears against me. I know nothing about what they say.
For the Prisoner.
Mr Waite. I live in White-Hart yard, Catharine-street, I am a Stay-maker; the prisoner at the bar worked for me from Christmas last 'till he was taken up.
Q. What is his character?
Waite. I never knew any ill of him; he is one of the quietest, inoffensive, fellows I ever employed; I never had the least suspicion of him of any thing of this sort; he has always behav'd well and industrious; I never heard an ill word come out of his mouth.
Q. What are you?
Davis. I keep a Public-house, the Golden-Anchor, in Feathers-Court, Drury-lane, a House of Call for Stay-makers. The prisoner used my house, he always behaved himself very sober and very careful, and paid me for what he had.
Brigdet Dignam. I live in Long-alley, Morefields ; I hired the prisoner in Spitalfields market, to help me in my work, I wind silk ; she lived with me but three days; I went out on the last day, and desired her to make a fire, to get breakfast ready, and when I came back I found she was gone; I examined my things and miss'd a gold ring and two shillings in money.
Q. When had you seen the ring before?
Dignam. I had seen it the minute before I went out, and two shillings along with it, in a little green purse, in my chest.
Q. Have you seen the ring since?
Dignam. I have: the prisoner was taken that afternoon; the next morning she was brought to the Mansion-house; I ask'd her what she had done with my ring; she said, Mistress, I sold your ring for half a guinea to a Goldsmith; the Goldsmith was sent for; he came, and brought three rings with him, and threw them down upon the table; my Lord-Mayor ask'd me, if I knew my own ring; the ring was so battered that I did not know it; my Lord ask'd him, which was the ring he bought of the girl; he took up one, and said, this is what I bought of her; my Lord look'd at it, and ask'd me what was the posey of mine; I said mine was, Join with one, and God alone; my lord look'd in the ring and found it to be right and true; I said to the Goldsmith, how could you batter the ring so; said he, I was going to melt it down.
Prosecutrix. This has been battered sadly since I lost it.
Q. to Tripp. What did you give for it?
Tripp. I had half a guinea for it.
Q. How did she say she came by it?
Tripp. She said she found it.
Q. What does it weigh ?
Tripp. It weighs three penny weights and some grains.
Q. Is half a guinea the full value of it?
Tripp. It is.
Q. Where did she say she found it?
Tripp. She said she found it some where by White-Chapel.
Q. Did you know her before?
Tripp. I never saw her before to my knowledge.
Q. Did she bring a neighbour to give her a character?
Q. Why did not you stop her and the ring too?
Tripp. It is very common for things to be found so.
Court. You should have stopped and advertised it, that the right owner might have it again.
Tripp. If every thing that was found was to be advertised, we should have nothing to do.
He did not ask me any questions, but weigh'd it, and throw'd me down half a guinea.
Q. to Tripp. What, did not you ask her how she came by it?
Tripp. No, I ask'd her no particular question.
The Court ordered the ring to be weighed; the Marshal's man returned with it and said it weighed eleven shillings and eight-pence.
220, 221. (M.) Mary Brown , spinster , and James Matthews , were indicted for stealing one feather-bed, value 10 s. one bolster, value 1 s. one pillow, value 2 s. one linnen sheet, value 6 d. one chintz curtain, value 6 d. one iron curtain rod, value 1 s. the goods of Bennet Dickerson , in a certain lodging-room let by contract, &c. June 5 .*
Mary Dickerson . I am wife to the prosecutor: we live in Petticoat-lane now, but when the robbery was committed I lived in George-court Gravel-lane, Petticoat-lane ; the woman at the bar lived servant with me once, and after that she came to lodge in my house, which was ever since Christmas last, after which I missed the things in the indictment; after she had been in her lodgings three days the man at the bar came, and she said, she was married to him; he came once or twice a week, but always constant on a Sunday and lay with her; I knew nothing but what he was her lawful husband; she said, he had 200 l. to receive, that would make him a young man (as he was much older than she).
Q. What did you let her the lodgings for per week?
Dickerson. I let her them at six-pence per week, because I took her to be an honest girl.
Q. What did you lose?
Dickerson. I lost a bed, a bolster, a pillow, a sheet, a half-teaster curtain, and a window curtain; these I lost about five weeks ago.
Q. How do you know who took them?
Dickerson. She owned she took them, and said, he never was concerned; she told me also I should never have them again, and they were not out of the court.
Q. Did you ever get them again?
Dickerson. No, never.
Q. Did you mention all these things to her when you charged her?
Dickerson. No, I mentioned nothing particular: she own'd she had taken the bed away, and said, I should never have it.
This man (meaning Matthews) is innocent of what he is charged with. The prosecutrix has false keys to go into all her lodgers rooms.
For the Prisoners.
Mary Boyde . I lodge in the prosecutrix's house, and have for pretty near five months: I have seen the prosecutrix take the key from her side and go into the prisoner Brown's room; this I have seen three or four times, when the prisoner has been gone out; and when she wanted to go into the room when she missed the things, she tried a key and said, she could not get in; I bid her try the key that hung on the other side of her; she did, and the key opened it; she had pretended to me she had looked through a hole in the wall and saw the things were gone; I desired her to show me the hole, but she could not.
Both acquitted .
Prosecutor. This is my property.
Bennet. I ask'd her where she had that kettle; she first told me it was her landlord's, and she was going to take it home.
Q. What are you?
Bennet. I am a Watchman, and watch in Lincoln's-Inn-Fields: I knowing her to be a disorderly woman stopp'd her.
Bennet. I mean a common woman of the town.
Prisoner. You are a big rogue.
Bennet. At last the prisoner said, she found the kettle at the door where I catched her.
Q. What is the distance from the prosecutor's house, and the place where you found the prisoner?
Bennet. It is but a very little distance; I took her to St. Clement's watch-house; she stood stiff in it, that she found the kettle.
I found that kettle in Lincoln's-Inn-Fields as I was going home; I do not know who is the owner of it; when I saw the watchman coming up I stood behind it, and would not let him see it; I intended to carry it to the Round-house, the place whence I came from; I had been taken up on the Saturday night, and kept there all night.
Q. to Bennet. When you saw the prisoner first, was she walking along or standing still?
Bennet. She was standing against a door in Lincoln's-Inn-Fields.
Q. What part of the Fields?
Bennet. It was in Portugal-row, the fourth or fifth door up, about a door or two on this side my Lord Keeper's; that was, she had it in her hand, and her apron not quite over it.
Q. to Prosecutor. What is the value of the kettle?
Prosecutor. It is worth four shillings.
223. (L.) John Ridgway was indicted for stealing three pounds weight of Chocolate, value 12 s. and six pounds weight of Tea, value 25 s. the property of Mess. John Wilson and Thomas Thornhill , June 15 . ++
John Wilson . I live in St Paul's Church-yard, Mr Thomas Thornhill is my partner: we are Grocers . The prisoner at the bar was my weekly servant , and had been for three or four years. I had no suspicion of his robbing me; but the landlord of the house where he lodged, came and told me he led a very irregular life, and he had reason to believe he had robbed me, for that he had seen tea littered about his box in his lodgings. I went to his lodgings before I spoke to him, to see if I could make any discovery; there I saw his box, in which was a crack in the bottom, I shook it, and there came out some loose tea. Then I went home and taxed him with it, and told him, what information I had had against him. I told him, I insisted upon searching his lodgings; he hesitated a little. I then asked him, if he ever had taken any tea from me? he said, he believed a little matter, a quarter of a pound, or so. I said, have you never taken chocolate? to which he made much the same answer. I said, for your own character, as well as my satisfaction, I shall insist upon searching your lodgings. He went with me, but did not care for opening the box. He said he had lost the key. Then I said, I would get a warrant and have it broke open. Then he took the hinges off the box; there we found three pounds of chocolate, and five or six pounds of tea, in different parcels; and some sugar, in different parcels. The sugar I can't swear to. The chocolate is marked with the two initial letters of our names, W. T. I took the prisoner before a magistrate, and he committed him to Newgate. His lodgings being out of the city I took him before Mr Welch.
Q. Did the prisoner confess any thing?
Wilson. He owned at his lodgings, before me and two others, that he had taken the things mentioned.
Q. Who was by at the time?
Young. Mr Gosling, and another servant of Mr Wilson's.
Q. Did you hear him confess any thing?
Gosling. I did not hear him say any thing. He sat down in a confused manner on the bed. He might confess, and I not give attention to it.
The prisoner had nothing to say in his defence.
Roger Robinson . I had a basket of butter of 70 pounds weight, brought to the Saracen's head inn yard, within Aldgate. I desired the porter to put it with others in the warehouse; but that I believe was not put in.
Q. Did you see it in the yard?
Robinson. I saw it standing by the warehouse door.
James Drain . I was going in at the Inn gate, I met the prisoner with a basket of butter on his shoulder. I call'd hollo; he made no answer, but walked as fast as he could. When he came to the gate he threw the basket from his shoulder and ran away.
Q. What time was this?
Drain. This was about half an hour after ten at night. I ran after him up Leaden-hall-street. I pursued him, and brought him back to my master's house. He said, are you sure I am the man? I said, I was. He was taken before an Alderman.
Q. Did you hear him examined?
Drain. I did. He denied the fact.
Q. Are you now sure he is the man that had the basket of butter on his shoulder?
Drain. I am sure he is. But he has altered his dress since I took him.
Q. Did you ever see him before?
Drain. No. I never did.
Q. How near to him was you when he went out of the yard?
Drain. I was close by him, and followed him close to his heels as he ran.
Q. How near the place where he threw the basket down was it that you took him?
Drain. It may be 20 or 30 yards. I did not see him take it up, but before he had carried it three yards I saw him.
Grace Kettle . I was at the Saracen's head at the time. I observed the prisoner walking about in the yard about half an hour past nine at night. I observed him well, and am sure he is the man. I thought he wanted to pick me up.
William Fowles . On the 9th of June, after ten o'clock at night, I saw the prisoner at the bar with a flat of butter on his shoulder coming out of the Saracen's inn-yard, within Aldgate. He threw it from his shoulder and ran away, which made me imagine he had stole it. The chamberlain and I both went after him, and took him. The basket produced, and deposed to.
I had been at Bow-fair, and was going along the street; they said I had stole a man's basket out of the yard. This woman said she saw me in the yard; but before the Alderman she said the contrary.
For the Prisoner.
Mr. Chiseline. I have known the prisoner many years.
Q. What is his character?
Chiseline. I never knew any ill of him in my life.
Q. What is he?
Chiseline. He is a journeyman baker.
Mr Noteer. I have known the prisoner betwixt two and three years.
Q. What are you?
Noteer. I keep a publick-house. He has been there six or seven times in a week, and several hours at a time. I never knew any ill of him.
Q. What business had he in your house so often?
Noteer. He is one of his Majesty's Palace-Court officers, so am I.
John Downs. I have known him about two or three years. I never heard any ill of him.
Mr Ward. I have known him five or six years; he once lived with me, and my mother; we kept a Baker's shop in More-fields; I am a Carpenter, by trade; he never was drunk in the time; but he us'd to lay out money, and do the business, with care and industry; he has been trusted with twenty or thirty pounds, at a time.
225. (L.) John White , was indicted for stealing four pieces of woollen cloth, containing one yard, value 12 s. and one piece of worsted for breeches, value 8 s. the property of Matth.ew Pool , June 5 . ++
Q. What are the four pieces of cloth worth?
Pool. I would give eight shillings myself, for four such pieces.
The prisoner said nothing in his defence.
John Clark . Coming along Fleet-street, near Salisbury-court , I felt something at my pocket; I look'd round, and saw the prisoner's hand come out of my pocket, with something in it; the prisoner jump'd across the way, and ran down the street, and up the market; I suppose he flung my handkerchief away; the people stopp'd him, but I could not find my handkerchief.
Q. Are you sure you had your handkerchief before?
John Clark . I had; I saw something come out of my pocket, with his hand; he said, afterwards, he had been drinking; he went very clumsily to work, I suppose it was the first fact; I find he has very good friends.
I was coming down Fleet-street, pretty late at night; I tripp'd in the road, and made a sort of a run; and the people ran after me, and stopp'd me; I did not know what they stopp'd me for.
Q. What time of the day was this?
Vialls. This was about ten o'clock in the morning; I met with two countrymen, and I staid there with them 'till about one o'clock; then we went down Chick-lane together; there were three women stood in my way; I said, let us come by; the prisoner took me by my cloaths, and took me up to a private place, a room, where was a bed; I told them, I had not above three-pence, or a groat, about me; the woman of the house said, I must go down; and said, there is no room for such customers as you.
Q. Was any other person along with you?
Vialls. No; none but the prisoner, and myself; the woman desir'd us to walk down again.
Q. Was you sober?
Vialls. I was sensible, but I had been drinking wine; the prisoner took hold of my cloaths; and said, You must go down stairs, come along with me; she took me up a hill, and into a ruinous house; and up one pair of stairs, there was a door, lock'd, and one pannel of it cut out, at the bottom of the door, I imagine, for the purpose; to take others in, as she did me; she said, You must come in here; she got in first, and drew me in afterwards; I had a blue apron on.
Q. What is your business?
Vialls. I am a Scowerer, and Dyer, by trade; I felt under my apron, and felt my watch safe then, in my pocket; she drew me into a little room, and laid herself down, and pull'd me over her; after that, she said she was sleepy, she must needs go to sleep, and would have me to go to sleep also; in about five or six minutes time, I might be a trifle dosing, I turn'd a little sickish; as soon as she found me stir, she said, I must be gone; for somebody wants me below; she went away; as I continued sick, I felt for my watch, and found it was gone; I made the best of my way after her; but, when I came to the bottom, I could not find her.
Vialls. I was told, by a countryman, that she would be at the Chequers in Chick-lane, at such an hour at night; for she was always there.
Q. When was this?
Vialls. This was the same night, I went and found her there.
Q. Did you ever see your watch again?
Vialls. No, never; she had a black sattin hat on her head; I look'd at it, and said; I believe you have a piece of my watch on your head; said she, You had but three pence, in your pocket, when you was with me; she had on, when I took her, a pair of new pumps, and new buckles; which she had not on before.
Q. What day of the month was this?
Vialls. This was the twenty-eighth of June last, much about one o'clock in the day.
Q. You say she took hold on your cloaths, and she pull'd you; did you chuse to have been from her?
Vialls. I can't say that; but I had as lieve been at liberty, as to have came there.
Q. How near to the Chequers was that house to which she carried you?
Vialls. It was pretty near the Chequers; it is opposite to it in Chick-lane.
Q. Was you obliged to go up stairs with her?
Vialls. She push'd me up; so I was oblig'd to go up.
Q. What sort of a watch was it?
Vialls. It had silver cases, and a silver dial-plate.
Q. Are you sure you had it in your pocket, when you went into the ruinous place?
Q. How soon did you miss it?
Vialls. I miss'd it as soon as she was gone.
William Saunders . The prosecutor came to my quarters, (I am a Soldier) at Mr Ashby's, the Globe and Dolphin, in Liquorpond-street; he was my landlord's acquaintance; he was complaining to him, how he had lost his watch; and said, he believ'd he could find the person at night, if he had any assistance: my landlord desir'd I would go along with him; I went with him to the Chequers in Chick-lane, there was the prisoner: My girl, said he, I believe you have got some of my watch on your head; I said to him; if he could make it appear, that she was the woman that stole the watch, she was my prisoner: she said, she would not go along with us, without a proper officer; he went for a constable, and left me to take care of her while he was gone; she desir'd me to let her go out to the door; I told her, she should not go, 'till he came; said she, let me go but to the door; I went to the door with her; then I said, the gentleman says, if you will confess where the watch is, if it cost him a guinea, or a guinea and a half, so that he can but get it again, he will not trouble you: she said, the watch is gone, and I do not know the person it is sold to; but she wished she could know the person; we stay'd 'till the prosecutor came back; he could not find a constable, so we took her to the Watch-house, and left her there with the constable.
I never saw either of these gentlemen in my life, before they came and took me up; the prosecutor took hold of three or four women, before he took hold of me; and said, I do not know who is the woman; one of the women that he laid hold of, said, what do you want with me? said he, you are the woman that took my watch; she said, are not you ashamed of yourself? then he went to another, and said, I believe this is she: then he laid hold of me; and said, he would swear to me; he carried me to the Watch-house directly; I was very willing to go along with him; the soldier drew out a naked sword upon me, and from the Watch-house, I was committed to the Counter.
For the Prisoner.
Hannah Armstead . Last Thursday was se'nnight, the Prisoner at the bar, had her mother's hat on: her mother said to me, I wish you would be so good as to call upon my Hannah, and ask her for my hat. I went to the Chequers, and she was not there; a young woman there, said she was at such a house.
Q. What time was this?
Armstead. This was at ten in the morning: I went to her, and said, where is your mother's hat? said she, it is at the Chequers; said she, if I had money, I'd treat you with a pint of beer; I said, I have money: I told her, I was
Q. Where was this ?
Armstead. This was at the Chequers in Chick-lane: she never was out of my company, but only once, to go out into the yard to make water, (excuse me) all that time.
Q. What are you ? how do you get your livelihood?
Armstead. My husband is a Tinman; he works in Fleet-street, at Mr Monkland's.
Q. Where do you live?
Armstead. I live in Stonecutter-street, in the New-market, at Mrs Graham's, a Mantua-maker; we dined together at that house in Chick-lane, that time.
Q. Where was your husband?
Armstead. He was at work.
Q. Where does he dine?
Armstead. He goes to an Ale-house commonly, every day, to dine.
Q. How came you to go to an ale-house in Chick-lane?
Armstead. I went there for her mother's hat; and she said, I'll be with my mother at four o'clock, and bring it; the next morning, I heard she was in trouble; as for the hat, I can bring proof where that was bought.
Q. What had you for dinner ?
Armstead. We had a piece of boiled buttock of bee f, and cabbage; and the people of the house had beans and pickled pork.
Q. to Prosecutor. Can you swear the prisoner at the bar, is the same woman that was with you in that empty house?
Vialls. She is the same woman.
Q. About what time can you say, it was, that you missed your watch?
Vialls. It was much about one o'clock.
Q. Did you see this evidence that day?
Vialls. No; I never saw her, 'till I saw her in the Counter, the next morning, with the prisoner.
Q. to Armstead. Who saw you together at that time?
Armstead. The people of the house.
Q. Where are they? are they here?
Armstead. They are none of them here. [A messenger is sent to fetch the man and woman, that keep the Chequer Ale-house; they soon came into court.]
Q. What is her character?
Freeman. It is that of an honest, industrious woman.
Q. What does she get her living by?
Freeman. She gets her living about the streets, by buying and selling old cloaths; I never heard any thing dishonest of her, 'till this; and it was so great a shock to me, when I heard it, that I could hardly contain myself; I was with the prosecutor to-day, and he said she was a very wicked creature; I ask'd him how he came to want to make it up with her, if she was wicked ?
Q. How do you know he wanted to make it up?
Freeman. Her mother told me so.
Prosecutor. This witness I never saw 'till today; he told me he was own brother to the prisoner.
Freeman. I said she is my sister-in-law.
Q. Do you know any thing of the prosecutor?
Lee. I never saw him in my life. I never knew my daughter to behave amiss, or wrong man, woman, or child, in my life.
Q. How does she get her livelihood?
Lee. She buys and sells old cloaths.
Mary Waters . The prisoner and I were children together; I am no relation; I never heard any body say any thing amiss of her in my life; she buys and sells old cloaths, and bears the character of an honest woman.
Q. Do you know any thing of the prosecutor?
Waters. I never saw him in my life.
Q. What is her general character?
Armstead. I never heard any thing amiss of her in my life before this time; I have been a shop-mate with her father-in-law this two years.
Carden. I do.
Q. Can you recollect what company you had at your house last Thursday was se'nnight ?
Carden. I have great reason to remember that day, for if it had not been for me the prisoner had been rescued; she was taken up at my house.
Q. When did the prisoner at the bar come into your house first that day ?
Carden. She first came in about nine o'clock at night: I know the prosecutor took her before the Watch was set, and she refused to go along with him; I told him he himself was a proper officer to take up a thief wherever he found her; and if he wanted any assistance I would assist him; at last she got out at the door; there the soldier stood over her while the prosecutor went for an officer; in a minute's time I heard a mob about the door; I ran out to the soldier for him to make use of his sword; and said, if he did not very smartly, they would rescue her. I assisted him from the door all the way up the court, and there I left him.
Q. Had the prisoner ever used to dine at your house?
Carden. She has come into my tap-room.
Q. Do you recollect her dining at your house that day?
Carden. I do not recollect her coming into my house that day, 'till the men came in and charged her.
Q. Was she not in your house in the forenoon?
Carden. I cannot be positive that she was; to the best of my knowledge she came into my house first, about a quarter of an hour before the prosecutor came in and took her.
Carden. I really cannot be sure.
Q. If the prisoner and she had come into your house, and dined on a piece of boiled beef that day, and staid between four and five hours together, should not you have remembered it?
Carden. Yes, I should: but I do not remember the prisoner being in my house that day, 'till about a quarter of an hour before she was taken up by the prosecutor.
Q. What had you for dinner that day?
Carden. I cannot tell.
Q. Had you boiled beef ?
Carden. I think I had not: the season is partly over for boiled beef.
Q. Are you sure you had not a buttock of beef ?
Carden. I have not had a buttock of beef in my house this twelve months.
[Mrs Carden having been put out of court the time her husband was giving his evidence, was called in and sworn.]
Mrs Carden. The prisoner at the bar was taken up at my house.
Q. Was you at home all that day?
Mrs Carden. I was.
Q. Did any body besides your own family dine at your house that day?
Mrs Carden. No, not to my own knowledge.
Q. If the prisoner had dined at your house that day, and spent about four hours there, do you think you should not remember it?
Mrs Carden. The prisoner never in her life dined in my house except on bread and cheese.
Q. Do you remember Hannah Armstead being at your house?
Mrs Carden. Yes.
Q. Do you remember she and the prisoner at the bar dined that day at your house?
Mrs Carden. That I cannot say: I can't remember whether she did or not, I have too many in my family.
Q. Was the prisoner in your house from one o'clock that day 'till she was taken up?
Mrs Carden. No, I am positive she was not.
Q. Was you at home from one o'clock 'till night?
Mrs Carden. I was.
Q. How long do you think she had been in your house before she was taken up?
Mrs Carden. I believe she could not have been in our house above a quarter of an hour before: she was taken up about nine o'clock.
Guilty of stealing, but not privately from his person .
John Kerrich did make an assault, putting him in bodily fear and danger of his life, with intent the goods and money of the said John to steal , June 1 .*
John Kerrich. I am a clerk in the Treasury . I was coming from Marybone-gardens in a coach, with others. I believe it was between 10 and 11 o'clock. I heard somebody call, stop, stop. There was also a wrapping at the window shutters. I let it down; then the prisoner at the bar presented a pistol to me, and ordered me to deliver my money. I told him I would, and lean'd back in the coach, in order to get out my money. Seeing his pistol to be a long one, I thought it might easily be secured. When he advanced for my money I struck at the pistol, and he having his finger on the trigger I imagine was the cause of it's going off, and not by any design of his. He ran away from the coach; I jump'd out, and pursued him over a field to some new buildings, where he fell down an arch that was turned for a cellar at my Lord Foley's. I jump'd down, and Mr Hall after me. The prisoner ran along the cellar under the house, I seeing the light before me at the other end, found he did not go out there. I call'd to Mr Hall, and said softly; I heard the prisoner pant. Mr Hall had his sword drawn in his hand. I said, if he will not speak, run him through the body. Mr Hall found him, and desir'd him to surrender, or he would run him through the body; he immediately surrendered. We found him without his coat, which we found afterwards he had left near the place where he stopp'd us. We carried him to the round-house, and the next morning before Mr Fielding, who bound us over.
Q. Can you be sure the prisoner is the man: Did you never lose sight of him in the pursuit.
Kerrich. I never lost sight of him 'till he fell into the area, and ran under the house.
Q. Did you know the prisoner before?
Q. Was there any body near you when your coach was stopp'd ?
Kerrich. Mr Leheup, was with me in the coach, but is lame. He told me afterwards a man ran by him. He could not pursue; but it is impossible for it to have been any body else, I followed him so close.
Q. Did you find the pistol?
Kerrich. I had it in my hand, and by pressing his finger made it go off.
Q. What did the prisoner say when you took him?
Kerrich. He said he was extreamly sorry in being guilty of what he had done; and that he was rather glad he was taken, because it might prevent him from being guilty of greater crimes.
Mr Hall. I was in the coach with Mr Kerrich, and heard the word stop. As soon as the window was let down, I saw a pistol come into the coach, but did not see the man that presented it. I saw Mr Kerrich, instead of delivering his money, seize the pistol. I opened the coach on the other side, and got out, and drew my sword, and saw the man running away, and Mr Kerrich after him. The coach went on immediately on the pistol's going off. I pursued also.
Q. How far did you pursue him?
Hall. I believe we might pursue him a hundred or two hundred yards. I never was that road before. We pursued him over two fields, and I saw him either jump or tumble down an arch that was turned for a cellar. Mr Kerrich was a little before me. We pursued him under the passage; there was a light at the other end. Mr Kerrich told me, he had not gone out there; for if he had, he must have seen him; he desired I would stop; we stopp'd, and heard him breathe. I felt about with the point of my sword, and found his cloaths, and said, if he would not get up, I would run him through the body. He got up, and we seized him, and took him to the place where he stopped us. There we found his coat.
Q. Did he own it to be his coat?
Hall. I think he did.
Q. Did he put it on?
Hall. He did. He said he was very sorry for what he had done. Mr Kerrich said, then why did you fire the pistol. He said, he did not recollect he had fired it. He said, he was very glad that he was taken so soon, for he
Q. Did you, since that time, make any inquiry into his character?
Hall. We did; and found he had a very good one.
This Gentleman says, I never was out of his sight; but I am sensible I was, for I fell down into a deep ditch, as I was running along.
For the prisoner.
Q. How long is it ago?
Stone. He went from me about three years ago, and lived with my father a year. I hired him from a neighbour, one Mr Gurney, where he had lived a year. After he went to Mr Parker he used to come to see me now and then.
Q. What business is Mr Parker?
Stone. He is a Carver, and lives at Marybone. The prisoner always bore a very good character, and was he at liberty I would hire him again.
William Parker . I am a Carver, and live at Marybone; the prisoner bound himself to me an apprentice; he has served about eighteen months, and has behaved as well as I could wish. He might have robbed me had he been so minded, as I gave him opportunity in several respects with regard to money. He stay'd out all night, I think it was the 1st of June; it gave me some surprize; and while I was inquiring of my other people for him, the beadle sent a person to acquaint me that he was in the Round-house.
Q. From his general behaviour, notwithstanding this, would you venture him in your house again?
Parker. Yes, and down on my knees, and return the Court thanks, and so would his other masters. I have had great proof of his honesty. I have sent him to a Gentleman in London for five or ten guineas at a time, that I do not settle with sometimes for three years together: he has always brought it me just: he might have kept it a year unknown to me. Where I went out to receive money once, I have sent him five times.
Q. What is his general character?
Hopkins. I always took him to be a very honest, sober, young fellow: and a very ingenious man in his business: he always behaved well 'till this unhappy affair.
Richard Bailey . I live in Long-Acre, and serve Mess. Vine and Cobb as a Clerk. I have known the prisoner about a year and half; he has come to me in his master's name for money five or six times, which I never refused him; and since this affair, Mr Parker his master and I have looked the accounts over which we found exactly to agree. He has done work in our warehouse, and has been left alone where there has been many things of value, which he might have taken away if he had not been honest.
James Sheridan . I have known him ever since he came to his present master; he has behaved so well that every body that knew him, were surprized when they came to hear of this affair. I used to go to Mr Parker's house frequently, where I have seen him at his work and very sober.
Daniel Field . I knew him a little before he came to Mr Parker's; he served one of the gentlemen of the jury before he came there; he has been at my house at all seasonable hours, and might have taken things of five or ten pounds value. He was look'd on as honest a young fellow as any in the parish.
Guilty. Recommended .
Elizabeth Asbury. I was at St Bartholomew's-Hospital , with a bad leg; I was looking out at the window, and saw the prisoner take a pair of sheets under her arm; I having a bad leg, and up two pair of stairs, before I could get down, she was gone; we took her up on the Sunday morning after, and I swore to her by
Alice Barker . I am the Sister to Lazarus's-Ward, at St Bartholomew's-Hospital ; I have the care of the linnen, if any are lost, I am to make them good; I missed a pair of sheets, on the second of June.
Q. What is the value of them?
Barker. They are worth 5 s.
Q. Did you see the prisoner take them?
Barker. No; I did not.
Q. Did she own that she took them?
Barker. No; she did not.
The prisoner, in her defence, denied the fact.
230, 231. (M.) Anne Cannon , spinster , was indicted for stealing one pair of women's stays, one metal candlestick, one linnen shift, one cardinal, one copper sauce-pan, one lawn apron, one lawn garment, call'd a sack; one stomacher, one pair of ruffles, one lawn handkerchief, one pair of silver buckles, set with stones; and one pair of shoes ; the goods of Mary Lawson , spinster : and Rebecca, wife of Samuel Parsons , for receiving the metal candlestick, cardinal, shift, sauce-pan, apron, stomacher, and sack; well knowing them to have been stolen ; June 2 . +
Q. What business are you of?
Lawson. I am a Mantua-maker by trade.
Q. What rooms have you there?
Q. How long had she been your servant ?
Lawson. She came on the Tuesday, and went away on the Friday after.
Q. What day of the month?
Lawson. I do not know the day of the month.
Q. How long is it ago?
Lawson. It is not much more than a month ago.
Q. How did you hire her; by the year, or month ?
Lawson. I hir'd her no farther, than from week to week.
Q. What was your business for a servant?
Lawson. I have business for a servant, to clean my room; I do not put out any thing to be done, I wash, and iron, at home; but can't do that myself, nor clean rooms.
Q. What was you to give her per week?
Lawson. I was to give her 2 s. per week.
Q. How many rooms have you?
Lawson. Four, in all; I miss'd the things in the indictment, and found them by her directions.
Q. Name them?
Lawson. A pair of stays, a pair of shoes, a stomacher, a pair of lawn ruffles, a candlestick, a copper sauce-pan, a shift, a cardinal, a pair of stone-buckles, set in silver; a lawn apron, with a lace on it; a white long lawn sack, a Genting handkerchief; she went away before I was up.
Q. Where did you find her?
Lawson. At the house of Mr Walker.
George Walker . I live Red-lyon-court, near Drury-lane; I am a Constable: I was call'd from my house, to the Bull-and-mouth, Drury-lane, on the second of June, by the man of the house; Anne Cannon was stopp'd there, for stealing a pair of sheets, from one Conolly; I took her away to Mr Welch's; he not being at home, she begg'd the favour of staying 'till he came home; I took her back to my house, and kept her there 'till after dinner; in the mean time, Mrs Lawson came to my house, to enquire after Anne Cannon : she went up stairs to her, and challeng'd her with a pair of stays which she had then on, as soon as she went into the room; and also a cap, and ask'd her where her shift was: she own'd to every thing that she ask'd her after, and told her where they all were.
Q. Where did she say they were?
Walker. She said they were all at Mrs Parson's in Gray's-Inn-lane; except the stays, buckles, and cap.
Q. What is Mrs Parsons?
Walker. She sells old cloaths, in Gray's-Inn-lane: I went to Mr Welch, and got a search-warrant; and Mrs Lawson and Cannon went with us: Cannon ask'd for the things she hadAnne Cannon said, she had sold the things for 10 s. to Parsons.
Grace Williams . Cannon told me, that one George Griffin gave her the buckles; and she desir'd me to go and pawn them for her; which I did, for six shillings, to one Beesly; and I brought her the money. Produc'd in court, and depos'd to.
Q. to prosecutrix. What are all these goods worth?
Prosecutrix. Twenty shillings.
(Cannon said nothing in her defence.)
Parsons call'd Mary Dutton , of Gray's-Inn-lane, Spread-eagle-court; who had known her two years, and gave her a good character; who call'd herself a Dealer in old Cloaths; and said, she would not give above six or seven shillings for the whole of the goods bought by Parsons: and George Hammon , and John Kelly , who both gave Parsons a good character.
Cannon Guilty .
Parsons Acquitted .
232. (M.) Edward Norman was indicted, for that he, on the King's highway, on Stephen Randall did make an assault, putting him in corporal fear, and danger of his life, and stealing from his person, one canvas bag, value one penny, one 36 s. piece, and one half guinea , the property of the said Stephen, &c. July 4 . + .
Stephen Randall . I was riding in the road from Walton-Bridge to Hounslow , on Wednesday the 4th of July, I met with a man on horseback; he asked me the way to Twickenham. I told him he was in the wrong road, and pointed to him his way. He ask'd me what country I had been in, I said in Surry . He asked me what crops were there, I said very good. He said they were good where he had been. He rode a mile in the road with me. When we came to the way that turns down to Twickenham , I told him to keep that blind road and it would carry him there. He said, the road he was in was a delightful fine road, and he would ride that road a little farther, and went on with me about a quarter of a mile. Then he asked me, what gentleman's seat that was which we saw? I said, the Duke of Argyle's. soon after, as I was talking to him, he clapp'd a pistol to my breast, and said, Your money. I was very much surprized, and desired him to take it away; and said, what I had should be at his service, and directly gave him my bag, in which, I suppose, were a 36 s. piece, a 27 s. piece, and three half guineas; but I am sure there was the money laid in the indictment, and a 6 d. Then he said, Your watch. I said, no watch indeed. He d - d me, and bid me dismount: he unbutton'd my waistcoat, and said, you conceal the watch, d - n you. I said, I have none indeed. Then he said, I must have your bridle; I was so affrighted I could not pull it off; he got from his horse and pulled it off, and drove my horse away with the bridle in his hand. He asked me my name, and place of abode. I told him, my name was Jibbet, and I lived in Bond-street; then he got on his horse, and was going away, and asked me, where I should see him again? I told him, his place should be mine; the Bell at Hounslow, if he pleased. He said that would not do, but if I would meet him on Monday morning by them five trees, pointing to them; if possible he would give me my money again. I said, Sir, if you please to give me my bag; he said, I'll give it you: he looked at it, and said, it was a common canvas bag, and that it would be of service to him; and he would leave my bridle about half a mile up the road. My horse made it's way to the Red Lion at Hounslow. I saw the man ride down to Hanworth; and I saw him, I believe, two miles and a half a-head. I went away to Teddington and sent the hostler for the bridle, and he brought it with the head-stall cut. He was cloathed in black, with spatterdashes buttoned up, and a piece of black crape about his neck. His horse was a brown bay, no white, only his legs. I took a great deal of notice of his horse when he went off. I have seen just such a horse since at Mr Tootings, a Hosier in Oxford road: I can't say it is the same horse, but as much like it as possible. I was before Mr Fielding when the prisoner was there. I believe the prisoner at the bar is the same man.
Q. Had he any thing to disguise his face?
Randall. I am very sure he is the man; I know him from a thousand.
John Stokes . I took the prisoner on Saturday last, the latter part of the afternoon, at the house where he lodges; he came with a pair of black spatterdashes and a whip in his hand.
Q. How came you to suspect this man?
Stokes. Mr. Green, where he was a lodger seven weeks, told an acquaintance of mine of an advertisement, and said, he believed he had an highway-man in his house. We went and looked at the horse in the stable, and while we were at Mr Green's house I jumped up and took him. He made no defence at all. I took this canvas bag out of his pocket. Producing one.
Prosecutor. This is the canvas bag which the prisoner took from me, it is a very remarkable one, lined part of the way up.
Stokes. Here are two pocket-pistols, and a paper of gun-powder, which we took out of his pocket loaded with balls.
Prosecutor. It was much such a pistol as this he held to my breast, it shone very much.
Stokes. I asked him what he did with those pistols; he said, he carried them for fear of bailiffs. Going to Justice Fielding's he said, Pray gentlemen, if you can't do me good, do me no harm, don't mention the fire-arms.
Richard Green. The prisoner lodged in my house seven weeks: I live in Fleet-street, opposite the Bolt and Tun-Inn: I am a Pen-Cutter. The prisoner came in on the Monday night (before the Wednesday on which the robbery was committed) and sent for a tankard of beer; drinking it, he said, he was going to dinner with some gentlemen, on one side Brentford the next day. He desired I would recommend him to a house: I told him a friend of mine had one to let. He went and the horse was to be ready for him the next morning. He left my house on Tuesday morning about five o'clock. I don't know what dress he went out with. He returned on Wednesday night between eight and nine: then he was dressed in black, and a black thing about his neck and spatterdashes on. He went out on Thursday morning in black, and came home with those on he has now, a red waistcoat and brown coat.
I am under very unfortunate circumstances; quite a stranger: I properly belong to His Majesty's ship the Royal Anne, Admiral Holbourn. I was born in Ireland, and have served in different stations. I have nobody here to speak for me: some of my friends are now at Portsmouth, and some at Plymouth, so that I cannot clear myself as I would. I was only taken last Saturday. I am only twenty-one years of age. I was in great distress. I really intended to give him his money again.
Guilty Death .
233. (M.) Thomas Dudley was indicted for stealing one cloth coat, value 40 s. one cloth waistcoat, value 20 s. one pair of breeches, value 3 s. one linnen shirt, value 2 s, one pair of leather shoes, value 2 s. the property of Thomas Brindley , May 28 . +
Thomas Brindley . I am a Labouring man : the prisoner and I lodged both in one room, in the house of John Bailey at Hackney. On Tuesday morning, five weeks ago, I lost the things mentioned in the indictment, and only found my shoes again, on the prisoner's feet when he was taken.
John Bailey . I met with the prisoner in Kingsland-Road with a bundle under his arm and a pair of shoes in his hand, about five weeks ago. I said, Mr Dudley I suppose you are leaving us: he said, no, I shall return again at night. I never saw him afterwards 'till in New-Prison.
The Constable produced a pair of shoes, and deposed he took them from the prisoner's feet; and William Wilson a Shoemaker in Hackney, deposed he sold them to the prosecutor the week after Whitsun Holidays.
I know nothing of the cloaths, I took them shoes through a mistake.
Guilty 10 d.
(M.) Anne Cannon , was a second time indicted, for stealing a pair of linnen sheets, value 3 s. the property of Patrick Connolly ; in a certain lodging-room let by Contract, &c. And Rebecca Parsons , a second time, for receiving the same, well knowing them to have been stolen ; May 6 . +
Q. What are you?
Conolly. I am a Hair-Merchant : on the twenty-sixth of May, the prisoner, Cannon, took a ready-furnished lodgings of my wife; it was a second floor; she came down stairs and left the key, and said she was going to fetch home her work, and went away.
Q. When was this?
Conolly. She had been with me, I believe, two nights; I do not exactly know the time: when her bed-fellow came home, she went to go to bed; she came and told, the sheets were missing; and said, the prisoner was a servant at the Bull-and-Mouth. I went there, and told the man of the house what had happened; and he said, if he met with her he would keep her, and send for me; which he did: I took her to Justice Fielding; going along, in Covent-Garden, she acknowledged to me the taking of the sheets; and said, she would go and pawn her stays, and get them again.
Q. What did she say she had done with the sheets?
Conolly. She said she had either sold or pawn'd them, for 2 s. to Mrs Parsons, in Gray's-Inn-lane.
Q. Can you tell which it was she said?
Conolly. I think she said she had sold them: I went with the constable to Mrs Parsons's, and we took Cannon with us, and ask'd for the sheets; Mrs Parsons produc'd them: produc'd in court; I cannot swear to them.
Q. Where is your wife?
Conolly. She is not here?
George Walker . I am the Constable: we went for the sheets, and Mrs Lawson's things together, to Mrs Parson's house; there Cannon own'd these were the sheets, that she stole out of the prosecutor's house.
Q. Did Parson own that she bought them? or that they were pawn'd to her?
Walker. Parsons said, she gave Cannon 2 s. for them.
Cannon. She gave me but eighteen-pence for them.
Q. to Walker. What do you think they are worth?
Walker. Mr Conolly said they cost him 5 s. at first, and they are not at all worn.
Q. to Lawson. What are those sheets worth?
Lawson. They are very coarse: they are worth nothing more than to make towels on.
Cannon Guilty .
Parsons Acquitted .
Horseshoe-Alley , near Morefields . The prisoner came into our shop for an half-pennyworth of bread. I lost some ribband in several pieces. My daughter was the person that catched her; and she can give a farther account of it.
Eliz. Pitman, jun. I was gone into the yard about some business, and when I came in I found the prisoner leaning over the counter, close to the glass case. I came behind the counter, and asked her, what she wanted. She said, a half-penny worth of bread. I had some suspicion she had taken something, because I found the glass case not quite shut. I turned her cloak aside to see if I could see the ribband, and she had none. I served her with bread and she went home directly. After that I looked in the glass case, and missed several parcels of ribband. I went over the way but could not find the prisoner.
Q. Did you know her before?
Pitman, jun. No; I never saw her before to my knowledge. I went and told a neighbour of it. She had seen her lurking about at the door. In less than half an hour the prisoner came through the court; and the gentlewoman that I had told it to, beckoned to me to go after her. I went and brought her in. I asked her for my ribband and she took it out of her bosom, and laid it on the counter, and own'd she took it. Produc'd in court, and deposed to.
Q. How much is there of it?
Pitman, jun. There is about ten yards of it; but I lost a great deal more.
I took this ribband, but no more.
Guilty 4 s. 10 d.
Robert Warren . I was in the house drinking when Mrs Lang missed the silver mug. The prisoner was going out; she asked where it was; he said, he gave it to the maid. Mr Lang was coming in at the same time, and bid me stop the prisoner 'till the maid came in. I searched him, and found it between his legs, (produc'd in court) and depos'd to by the prosecutor.
I was drunk and foolish when I did it.
Prosecutor. He was fuddled.
237. (M.) George Abbot was indicted for stealing one silver watch, value 3 l. one cloth coat, value 10 s. one fustian waistcoat, value 4 s. one pair of leather breeches, value 5 s. one hat, value 1 s. one Scotch mull, tipt with silver, value 2 s. 8 guineas, one half guinea, and 5 s. and 6 d. in money, number'd, the property of Matth.ew Smith , in the dwelling-house of Bridget Bourn , June 20 . ++
Q. How do you know that he robbed you?
Smith. Because they were all found upon him.
Q. Did you know him before?
Smith. I had drank with him about three or four times before. I lodge in the house of Bridget Bourn , a widow. I had my money and watch in my pocket, my coat, waistcoat, and breeches, were put on a pair of drawers in my room. I went to bed and locked the door, and awaked about three in the morning, and found the door open, and my things all gone.
Smith. I did. The cloaths I lost were the cloaths I wore. I borrow'd a man's cloaths, and went out to a friend, and got a coat and a pair of breeches.
Smith. She lives in Hedge-Lane. When I came back again the prisoner was in the entry. He said to me, My cock, how do you do? I said, I am very middling; I have lost so and so. He took me to an alehouse, and said, he was very sorry, and treated me with three pints of beer; and bid the man of the house to me have the value of a shilling in liquor, or let thereabouts, when I should come that way. I took the people of the house up that I took the room of. We could find nothing upon them. I had a suspicion of the prisoner, and had a warrant for him, and went and found him upon his own bed, and carried him before justice Cox. We had a search-warrant afterwards, and his box was fetch'd before Mr. Cox, in which we found 7 guineas and a half of my money, and my cloaths; my watch was found in his pocket, and a 6 d. that I can swear to. We also found in his pocket a pocket-piece.
Q. Could you swear to the money found in his box?
Smith. No; but he own'd it to be mine; he own'd the 6 d. the pocket-piece, and all the cloaths, to be my property.
Edward Fitz . I am a Constable. In the morning we got some women of the town and carried them before Mr Cox. The prosecutor came and asked for me, and said, he had been robbed of the things mentioned: mentioning them. I introduced him to Mr Cox. After that I went up to the watch-house with some girls. Mr Cox sent for me, (I left them there) he gave me a warrant to apprehend the prisoner: I went and found him asleep across his bed; when I had got him before the Justice, he pulled out a watch from his pocket and gave it me, and said, it was the prosecutor's watch. Mr Cox desired me to search his pockets. I took out a six-pence, which the prosecutor swore to as his property. We examined him, what was become of the rest of the things and money. He said to me, if you'll go and drink a pint of beer with me I'll tell you. I said, you may as well tell me here: then he said, they were in his box in his room. We went and found his box and brought it to the Justice's; and as I took the things out, I asked him whose they were: he said, the cloaths and money belonged to that young man. Meaning the prosecutor. The watch and money sealed up with the Justice's seal, and cloaths, produced in court.
Prosecutor. I am sure the watch and cloaths are my property.
Q. How came he to get into your room, did he lie in that house that night ?
Prosecutor. No, he did not: I cannot tell how he got into the room.
Q. Had he use to come to that house?
Prosecutor. He was frequently in the house; he had a great inti macy with one of the people of the house, two young women that I took the room of.
Q. Was this silver among your gold when you lost it?
Prosecutor. No: my gold and silver were separate, my silver was in my left hand breeches pocket, and my gold in the right.
Q. to Fitz. Did the prisoner tell you how he came by these things?
Fitz. No, he did not: he said, with regard to the watch, a woman gave it him: and he cursed all women-kind.
Q. What woman did the prisoner say gave it him?
Fitz. He said, it was the maid to the woman that kept the room.
Q. Who did he say this before?
Fitz. This he said before the Justice and myself: and then he said it was the prosecutor's watch.
I had been out, and one of the girls was standing at the door when I returned. She asked me to go in: I went into the passage. She brought me this watch out. I asked her what I was to do with it: then she brought me out the cloaths, and desired me to take them while morning into my room. I told her I did
Q. to Prosecutor. Did you know these young women that lived in the house at that time?
Prosecutor. I did.
Q. Were either of them in your room that night?
Prosecutor. No, neither was.
Prisoner. I was not in the room: she brought them to me in the passage.
Q. to Constable. Was there no enquiry made after these girls ?
Constable. They were committed to New-Prison.
For the Prisoner.
Q. What are you?
Black. I am a Brewer, and live in Hedge-lane.
Q. What is the prisoner's character?
Black. I never knew one instance of any bad behaviour since he has been with me. The time when he was taken is the proper hours for him to do his business. We begin to mash at two o'clock in the morning.
A Witness. I am a Publican. I have known the prisoner about two years.
Q. What has been his behaviour in that time?
Answer. I looked upon him to have been a very honest young fellow before this unhappy affair.
Another witness. When he came first to Mr. Black, he lodged along with me for about six months: he behaved exceeding well.
Another witness. I am Mr Black's Clerk. I have known him ever since he came to Mr Black's. He behaved very well.
Another witness. I keep a Publick-House next door to Mr Black. I have known the prisoner ever since he came there: he lodged in my house. I trusted him all the time as my own child; he has behaved very regular n all shapes in the world. I would have trusted him with untold gold.
Guilty of stealing, but not in the dwelling-house .
Edmund Camper . I keep a Publick-house. Last Saturday between nine and ten o'clock, the prisoner and the deceased, and another man, came to my house to drink a tankard or two of beer; they staid in the yard some time. I got Miller to assist me to do a little jobb, and gave him a full pot of beer, and they were a penny or three-half-pence each towards some more: then said this Miller to the prisoner, I'll give you a touch at sticks for a full pot of beer. Said the prisoner, I never could play with a stick, but I'll play with you at your game, and after that you shall with me at mine. They went out into the yard and found two sticks, and went to fighting with them; the deceased broke his stick over the prisoner's head; after that they dropped their sticks and went to fighting with their fists. Miller came up to Price and took hold of him and tore his shirt; then Price resented it, and seemed to be very angry, and said, he had rather he had torn so much of his skin; then they went to fighting, and Miller the deceased ran his head into Price's breast; presently Price took the same opportunity and served him the same sauce; by running his head under Miller's chin, and he dropped down dead directly, never spoke nor never moved afterwards.
Q. How near was you to them when they were fighting?
Camper. I was but a very little way from them.
Q. How did the prisoner behave after this?
Camper. He lifted the deceased's head up against a few ropes that lay there, and fell a-crying. He then came to me and said, he believed the man was dead; there was some water that the prisoner sprinkled in the deceased's face; the
Richard Rowland . I was along with the prisoner and deceased drinking at this time: the deceased gave the prisoner a challenge first for five shillings: at first it was proposed to fight with sticks: the prisoner said, Elick, I don't want to quarrel. The deceased started up soon after and pulled out six-pence and said, now I'll lick you with a stick: he threw his money on the table. Then the prisoner said, I don't value six-pence, come out at the door, if you lick me I shall hit you again; then the deceased ran into the yard and got a stick; the prisoner followed him; then they went to fighting with two sticks; they broke their sticks and took hold of one another, and went to work with their fists. The deceased made a blow at the prisoner with his head; then the prisoner came right in plump upon him, and there it ended.
The deceased challenged to fight me for five shillings, either with a stick or fists. I said, I am no man for sticks; I don't fight with a stick; then he pulled out a six-pence and said, he would fight me for six-pence. I said, I did not want any quarrel. Please to ask these witnesses my character.
Q. to Camper. How long have you known the prisoner?
Camper. I have known him about three years.
Q. What is his disposition of mind as to being quarrelsome?
Camper. I never saw the man quarrelsome in my life.
Q. Has he used your house much?
Camper. He has used my house about three years, and worked for me.
Q. to Rowland. How long have you known the prisoner?
Rowland. I have known him much about the same time.
Q. What sort of a temper has he?
Rowland. I never saw no ill of him.
Guilty of manslaughter .
239. (L.) Jane Burton , spinster ; was indicted for stealing one silver watch, value 30 s. one napkin, value 12 d. one pair of thread hose, value 12 d. one pair of worsted and silk hose, value 12 d. one pillow-case, value 12 d. one pillowbier, value 6 d. and one china plate, the property of John Clarke , the elder; and one shirt stone-button set in gold, value 4 s. the property of John Clarke , the younger, May 12 . ++
Q. How long had she lived there?
Pitt. Three months and three weeks. The goods mentioned in the indictment were in the house at the time she lived there; and when some of them were missed, and an enquiry made after them, she was charged with taking them; and she confessed she had taken them, and had carried them to the house of Mr Bird, a Publick-House, where they were found. The prisoner was present at the time.
Q. Did she say whether she had sold or pawned them?
Pitt. She said she had sold them to Mr Bird for a guinea and a half. Produced in court.
Pitt. These are the property of Mr Clarke and his son.
Ann Bird . I gave the prisoner at the bar a guinea and a half for the goods mentioned in the indictment, exclusive of the watch; the prisoner told me they were the property of an acquaintance of her's, and she was to sell them for her.
Q. What are you?
Cryer. I am a Cooper by trade: but now a Victualler, and live on Ludgate-hill. The
Clarke, jun. This watch is the property of my father.
Q. What are you?
Tompkins. I am a Shoemaker. She desired if I knew of any of my acquaintance that wanted one, they should have it at the same price: but I did not buy it of her.
Q. Do you know any thing of her stealing the goods?
I have as good a right to take goods as the other woman: she sold a pair of sheets.
240, 241. (L.) Mary Smith , widow ; and Francis Hemsworth , were indicted for that at the last sessions, John Guest , Thomas Henfield , and Peter Mason , were tried and capitally convicted for stealing 1100 weight of lead from the parish-church of Stepney. They the said Mary Smith and Francis Hemsworth , the same lead so stolen, did receive and have, well knowing it to have been stolen , March 23 . ++
The record of the trial, and conviction, of John Guest , Thomas Henfield , and Peter Mason , read in court, wherein the Jury for our Lord the King, upon their oath, present that they were found guilty, &c.
Q. How long after the second time the church had been robbed?
How. The church was robbed on the Wednesday, and I saw the lead on the Friday in Bishopsgate-street.
Q. What day of the month was the Friday?
How. That was on the 23d of March: it was in a sand-cart.
Q. What time of the day?
How. It was a little after five in the morning: near the Green-Dragon Inn-door: but when I came back again, after I had been and loaded a cart with dung, then at seven o'clock I saw the cart standing opposite to Mrs Smith's door. I was going by and looked into the cart, and saw it to be sheet-lead, and I had a thought in myself that it was some of Stepney church lead.
Q. Was any thing over it to conceal it?
How. There was a little litter and dung-like stuff over it, and the litter had fallen down between it, so that I could see part of the lead; and it being in a sand-cart, made me suspect it to have been stolen. I went home and told my mistress, and she acquainted my master of it, and he came to Mrs Smith's house.
Q. What time of the day was it you saw this lead in a sand cart by Mrs Smith's door?
How. It was about seven o'clock.
Q. Were not all the shops in the street open?
How. I can't tell.
Q. Was it so openly to be seen that any body by looking into the cart might see it?
Q. Was it not publickly standing at the door?
How. It was.
Q. Was it broad day-light?
How. It was.
Q. Was Mrs Smith's shop open or not?
How. I cannot tell whether it was or not.
Q. Some time after this, did not you go with Mr Hemsworth and one of my Lord-Mayor's officers, to look after the men he bought this lead of?
How. I did: we went to Clerkenwell to examine the man. Mr Hemsworth said, the man had made a mistake in the receipt.
Q. Did you see the man you went after?
How. No: I did not.
Q. Did you propose to go and see if you could find the two men?
How. He proposed to go and see for the men, and said, he had made a mistake in the receipt.
Q. Did Mr Hemsworth ever advise the men to run away?
How. No: he bid us go to a publick-house, and said, he would go and see for the men, and then he would come to us.
Q. Who do you mean?
How. I mean Child and Guest.
Q. When was this?
How. This was on the Saturday, that is, the day after I had seen the lead.
Q. Who proposed to you to go to see for Guest and Child?
How. Mr Hemsworth did.
Q. If he had been desirous that they should have made their escape, would it have been proper to have taken you along with him?
How. I can't tell that. I don't know what he had in his head; we did not all go into the house together, where one or both were: he bid us go to the publick-house.
Q. And what was to be done then?
How. He was to bring Guest and Child to us; he said so; he did not bring them; he said, the man was putting on his coat, and he would soon come to us.
Q. Was one of my Lord-Mayor's officers with you?
How. He was.
Q. How near that house was you?
How. We went just by the door, and Mr Hemsworth went in and spoke to the man.
Q. Did you see him speak to him?
Counsel for Crown. Where did Mr Hemsworth carry you first of all?
How. From Mrs Smith's house to Justice Ives's in Spittal-Fields.
Counsel for Crown. What did you go there for?
How. To have the warrant backed in Middlesex.
Counsel for Crown. Where did you go next?
How. Then we went to Clerkenwell.
Counsel for Crown. Did not you hear my Lord-Mayor's officer ask him, how he came to carry you about so?
How. No: I did not.
Counsel for Prisoners. You say Mr Hemsworth saw the man, how came you not to see him?
How. He bid us go to a publick-house and call for a tankard of beer, and he went into that house by himself.
Counsel for Prisoners. What opposition did he make to your going? did he say he would not let you go into that house?
How. He said, the man was putting his coat on, and he would be there presently.
Q. Was the agreement (before you came to the house) between the officer, Hemsworth, and you, that you should go to a publick-house, and he should bring the people to you?
How. No: we made no agreement about it. I thought he would have brought them to us.
Q. For what purpose did he propose to find out Guest and Child?
How. He proposed to find them out, he said, they had made a mistake in the receipt that was wrote.
Q. Did he tell you the lead was brought to his mistress's house by them?
How. He did.
How. Yes: he said, he would bring them to us.
Q. Did he tell you he had seen them?
How. He did.
Counsel for Crown. Did he bring them?
How. No: but he told us they would come.
Q. Did he wait there expecting they would come?
How. He did. We stay'd there some time and drank a tankard of beer; and then he said he thought they would not come: this was after we had been there half an hour.
Counsel for Crown. Did he propose your going into that house?
Counsel for Prisoners. Did he object to your going there?
Counsel for Prisoners. What were his words?
How. He bid us go to the publick-house and call for a tankard of beer.
Q. How far is the Green Dragon from Mrs Smith's house?
How. It is about a hundred yards distance; it is in the same street: I never measured the ground.
Jos. Darking. I am one of the church-wardens of the parish of Stepney. On the twenty-third of March last I was just come home from the church, and my wife told me, that this witness, How, had told her, he had seen some lead at Mrs Smith's shop in Bishopsgate-street, that he suspected to be the lead that was stolen from off our church. I went there directly, and gave a little knock at the door; nobody coming, I opened it and went in, and asked for Mrs Smith. I went to the counting-house door; there was Mrs Smith. I believe she came up stairs; but I am not sure she came up stairs or down. I still kept going farther up into the shop. I said, I am informed you have bought some lead which was brought in a sand-cart this morning. I am church-warden at Stepney, and our church has been robbed, and I desire to see it. A little farther lay some lead. I said, this is it, She said, this is gutter-lead. I asked her, who she bought it of; she said, she bought it of some Carpenters that were pulling down some old houses, which she said was very often the case. Said I, I am in the building way, and I know it is not gutter-lead, for it is flat lead; and I believed it to be the same lead that came off Stepney church.
Q. Was it obvious to every discerning eye to know, that was not gutter-lead?
Darking. To a Plumber it was.
Q. What did you know it by?
Darking. I knew it by the spikes that were in it.
Q. What is your business?
Darking. I am a Bricklayer. After I told her, it was the lead that came off Stepney church. I said, pray, who did you buy it off? She said, the persons names were John Child and John Guest , and shew'd me the receipt for the money which she paid them. I asked her, whether she had bought any lead of them before? And told her, we had lost such a quantity of lead from off the church about three weeks before.
Q. Did you mention the quantity?
Darking. I did; about 900 weight and upwards.
Q. What was her answer?
Darking. She said, she believed she had bought it.
Q. Did she say this without any hesitation ?
Darking. She was seemingly in a flutter. She told me very freely, she believed she had bought it.
Q. Did you ask her, or did she tell you she had bought this of the same persons whom she bought the other of.
Darking. She did not; nor I did not ask her that question, as she had told me she had bought such a quantity.
Q. When she was before the alderman did she say the same?
Darking. I believe she was ask'd the question, but I will not be positive.
Q. Did you advertise the first robbery?
Darking. We did three times in the Daily Advertiser, Feb. the 9th, and March the 11th, were two of the days; I can't particularly tell the other.
Darking. We did.
Q. When you first came to Mrs Smith's, you say, you asked for her?
Darking. I did.
Q. Did she appear?
Darking. She did.
Q. Did she, when you ask'd her if she had bought lead that came there that morning in a sand-cart, own she had bought th at?
Darking. She did without hesitation.
Q. Did you find at that time she was any way wavering?
Darking. No; I did not.
Q. Were not Child and Guest Carpenters?
Darking. Child was a Weaver, and Guest was a Carpenter.
Q. Did not you hear Child had been in another business?
Darking. I have heard he kept a Broker's shop.
Q. Did she describe them, or tell you their names ?
Q. Who was it wrote by?
Darking. It was wrote by Mr Hemsworth.
Q. Where did she say those persons lived.
Darking. She said some were in Old-street. Then I went immediately away to Mr Alderman Cokayne.
Q. Was the lead in very large pieces?
Darking. It was flat and cut, and thrown all in a heap, and some other lead mixed amongst it.
Q. Was you at Mrs Smith's a second time?
Darking. I was: then there was one Mr Walker there.
Q. Did she give open and free answers to all your questions ?
Darking. She did.
Q. Did she do the same before the Alderman?
Darking. That you may ask the Alderman. I was not by all the time.
Q. Look at this receipt - (he takes one in his hand.)
Darking. This is the receipt which Mrs Smith produced to me. I believe Mr Hemsworth said, if I would go along with him to one Mr Johnson a Weaver, he said, he belived he could give a good character of Child; and so said Mrs Smith; and Mr Hemsworth went with me to him.
Q. What sort of a character did Mr Johnson give him?
Darking. He said, he had known him six or seven years ago, but could not tell where he lived then, for he had-not worked for him a great while.
Q. When was Mrs Smith first accused?
Darking. I cannot tell the day of the month.
Q. When was Mr Hemsworth first accused?
Darking. He was not accused 'till after the prisoners were brought to London.
Q. How came Hemsworth first to be accused, and where?
Darking. It was by the evidence Child's swearing against him at justice Feilding's; but I was not there.
Counsel for Crown. When Hemsworth said the persons of whom this lead had been bought lived at such a place, did you find that information to be true or false?
Darking. I found it to be false.
Counsel for Prisoners. Did you find they had lived there?
Darking. They had lived there: they had lived in eight or nine different places. I went with him all the way up Chick-lane, and could not find them.
Q. Have you since learned that they had lived there?
Darking. Yes; but not at that time.
Q. Where did you hear that they did live there?
Q. Have you any reason to believe, that at the time Mr Hemsworth told you those persons lived there, that he himself knew to the contrary of what he had told you?
Darking. That is too deep a matter to be entered into by me. I cannot tell what he thought.
Q. Whether you did not find, (by enquiring at that very place where Hemsworth said he lived, and the neighbours said he had lived,) the place where he then lived?
Darking. I did not hear where he lived that day.
Q. Did you not at that place find out where they lived?
Darking. No; not at that place.
Q. Whether you did not, by means of the information you received by Hemsworth, find where they lived?
Darking. No; I did not at that time; nor no other time.
Q. Then how came you to find them out?
Darking. By the rest of the gentlemen going. Mr Hemsworth and I went and we could not find them out.
Q. from Hemsworth. Whether or no we did not get a direction from Mr Johnson.
Darking. Yes. But we could not find them by that direction.
Hemsworth. Mr Johnson gave us the direction out of his book; Child having work'd for him: did not we see a man at the place, who said, Child did live there but was removed?
Darking. That is very true, but we did not find him by that.
Q. Can you tell how they were found out?
Darking. No; I went no farther with them in their inquiry after them, than the first day.
Q. What did Johnson say, when Hemsworth brought you there?
Darking. He said Child had work'd for him, four, five, or six years ago; and that he had lived at such and such places; but the man that wrote us the note, told us he could not be certain that he could direct us to him.
Mr Alderman Cokayne. On the twenty-third of March Mr Darking applyed to me, and said, he had found some lead at Mrs Smith's, a Plumber, in Bishopsgate-street, that he suspected to have been stolen from off Stepney church: I went, and saw the lead, and saw it weighed: I sent for Mr Walker, for his opinion of it.
Q. Did Mrs Smith insist upon it's being gutter-lead ?
Mr Alderman Cokayne. No; she did not to me.
Q. What was the conversation you had with her?
Mr Alderman Cokayne. It was about who she bought it of, and what she gave for it: she shew'd me her receipt, I think it was to this purport.
Receiv'd the contents in full.
Mr Darking having said they had lost about nine-hundred pounds weight of lead, from off Stepney church before; she said she had bought lead of that same Child before, but could not find the receipt.
Q. Did she answer freely ?
Mr Alderman Cokayne. She did, very freely: I told her it would be necessary she should produce this said John Child : she said she was very sorry, and that she believed it was the lead that came from Stepney church.
Q. Was this at your first discourse with her?
Mr Alderman Cokayne. No, this was upon our examining the pieces of lead; and finding the nails in it, then she was of the same opinion that I was of.
Q. Was Mr Walker there, then?
Mr Alderman Cokayne. Yes, he was.
Q. Did she mention where the man lived?
Mr Alderman Cokayne. She did mention some where in Chick-lane: I said, she ought to have
Q. Did she say what business he carried on?
Mr Alderman Cokayne. She said, he kept a Broker's shop: then they got a warrant, and got it back'd, and went immediately in search of him.
Q. Did she mention any thing of Guest?
Mr Alderman Cokayne. No, she said nothing about him.
Q. Did she speak about the place of Child's residence, as if she was certain of it?
Mr Alderman Cokayne. No, she did not.
Q. Have you had any application to you, from either of the prisoners at the bar, in order to stop this prosecution?
Mr Alderman Cokayne. No, none at all to me.
Q. At the Vestry, at Stepney, were there ever any application made of that sort ?
Mr Alderman Cokayne. There was some application made.
Q. Was you at that Vestry ?
Mr Alderman Cokayne. I was.
Q. What was the application?
Mr Alderman Cokayne. There was a proposal to put the lead in the same state as it was, provided the prosecution be dropp'd.
Q. Who was this made by?
Mr Alderman Cokayne. This was made by Mrs Smith.
Q. Did the lead correspond, when weighed, with the receipt?
Mr Alderman Cokayne. It did.
Q. Can you say, at that time, you thought she had bought it, knowing it to have been stolen ?
Mr Alderman Cokayne. I cannot say that I had?
Q. Do you recollect you made use of such an expression: (it seemed to be a fair bargain.)
Mr Alderman Cokayne. It was pretty near it, it was within a shilling per hundred weight: Mr Walker told me, he would have given me thirteen-shillings per hundred.
Q. Can you suppose a credible house-keeper would buy stolen lead, knowing it to be so, for saving one thirteenth part.
Mr Alderman Cokayne. No, I cannot suppose it.
Q. Did you then make her enter into recognizance?
Mr Alderman Cokayne. No, I did not.
Q. Cannot you easily conceive, that a person would rather put as much more lead on a place, rather than to come here to be tried for it?
Mr Alderman Cokayne. I should easily conceive that.
Q. Should you, from thence, imagine that the person acknowledged to have received it, knowing it to have been stolen?
Mr Alderman Cokayne. No, I should not, by that, imagine any such thing.
Q. Did Hemsworth attend at the Vestry ?
Mr Alderman Cokayne. No.
Q. Who attended there, for Mrs Smith?
Mr Alderman Cokayne. She attended personally.
Q. Supposing you yourself in the situation she was, by buying this lead, under these circumstances, as it appeared to her, when you had examined into it, would not you have proposed to have restated the lead, rather than be brought to a Court about it?
Mr Alderman Cokayne. I should indeed.
Q. How long have you known Mrs Smith?
Mr Alderman Cokayne. I have known her twenty years, she lived in our neighbourhood.
Q. What is her character?
Mr Alderman Cokayne. I never heard any thing ill of her.
Q. Did you ever hear she was suspected of buying stolen goods?
Mr Alderman Cokayne. No.
Q. Do you know Hemsworth?
Mr Alderman Cokayne. I do, I have known him a long time.
Q. What is his character?
Mr Alderman Cokayne. I never heard any ill of him.
The Court did not think it necessary to call upon the prisoners for their defence; but told them it was an inadvertent act in buying lead of such persons, of whom they had so slender a knowledge; and directed the Jury to acquit them, without summing up the evidence.
Both Acquitted .
Dorothy Jones , otherwise Harris , was indicted for wilful and corrupt perjury, in swearing before Dr Ducarrell, Doctor of Laws, that she was the lawful widow of William Harris, deceased . ++
As the Counsel for the prosecution was proceeding to open the case, the Counsel for the prisoner said, they should make the trial very short, having a witness in court who was at the marriage: then the Counsel for the prosecution, gave liberty for him to be called first.
Q. What are you?
Simms. I dealt pretty largely in the Distillery; several gentlemen that are here, know me.
Q. Did you know Mr Harris?
Simms. I did.
Q. Do you remember Mr Harris being married?
Simms. I do.
Q. Was you present at the marriage?
Simms. I was.
Q. Who was he married to?
Q. Did you know her while she was a widow?
Simms. I did.
Q. Where was she married?
Simms. She was married to Mr Harris, in her own house, in Botolph-lane; right against Mr Harris's house.
Q. What was her former husband?
Simms. He was an Orange-Merchant; and so was Mr Harris.
Q. How were they married?
Simms. The ceremony according to the Church of England was read over.
Q. How came it, that you was there?
Simms. Mr Harris desired me to come there, on a Sunday morning, to Mrs Jones's house.
Q. Did he tell you for what purpose?
Simms. No, he did not, 'till I came there; then he said, he sent for me to be present at his marriage: he and I were very intimate, as two brothers, for twenty years.
Q. When you came there, that Sunday morning, who was present?
Simms. There was nobody there but Mrs Jones, he, and the gentleman that married them.
Q. Did you give her away?
Q. Who did?
Simms. The Minister that married them did.
Q. Was it a Clergyman of the Church of England?
Simms. He was in a Minister's dress.
Q. Can you account for their being married in private?
Simms. Mr. Harris's mother had propos'd another marriage for him, was the reason.
Q. When was this marriage?
Simms. This was the second of Oct. 1748.
Q. Was his mother reconciled afterwards?
Simms. She was, somewhat more: Mrs Jones had two children, by her former husband.
Q. How long did the mother live afterwards?
Simms. She lived about two years afterwards: after this, it was very publickly known, the old gentlewoman told me, she was very well satisfied in it, afterwards.
Q. Did they cohabit together, as man and wife?
Simms. They did, always.
Q. For how long?
Simms. For, I believe, about ten years, to the day of his death.
Q. What was the name of the Clergyman, that married them?
Simms. I do not know.
Q. Did you ever see him since?
Simms. Not as I remember.
Q. Had you no discourse with him, where he was Minister?
Simms. From that time.
Simms. In Botolph-lane, at her house, directly facing his house; and they had lodgings at Peckham, about that time.
Q. What was the name she went by?
Simms. She went by the name of Mrs Harris: he has said to me many a time, when I have gone there, Mr Simms, I'll call Mrs Harris down.
Mr Balmore. I know the defendant.
Q. Did you know Mr Harris, in his lifetime ?
Balmore. I did.
Q. Was you intimate with him?
Balmore. I was.
Q. Do you remember the defendant being delivered of a child ?
Balmore. I do, I was one of the God-fathers.
Q. What name was it christened by ?
Q. Was there any doubt at that time, that that child was the lawful child of Mr Harris ?
Balmore. No, I had no doubt about it.
Q. Whether, at that time, it was looked upon as his legitimate child, or not ?
Balmore. I could think no other of a woman of credit, and he likewise.
Q. Did you consider her there, as his wife?
Balmore. I did.
THE Court was adjourned to Tuesday the 17th of July to Guildhall, at which Time came on the Remarkable Trial of Samuel Scrimshaw and John Ross , for a Conspiracy, in sending threatning Letters to Humphry Morris , Esq ; of Dover-street, charging him with Sodomitical Practices; and other false and malicious Charges and Accusations, with an intent to extort Money from him . This Trial at large, with the Pleadings of the Counsel, is printing by itself, and will be published in a few Days.
Received Sentence of Death 1.
To be transported 7 years 16.
George Hall, John Rigdway , Stephen Buswell , John White, Ann Bennet , Jane Burton , James Darby , Mary Turner , James Baker , otherwise Lutterell, Elizabeth Larner , Elizabeth Young , James Toms , Ann Cannon , Jacob Townsend , George Abbot , and Mary White .
To be branded 1.
To be publickly whipped at Hackney.
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