Printed, and sold by G. KEARSLY (Successor to the late Mr. Robinson) at the Golden-Lion, in Ludgate-Street, 1760.
King's Commissions of the Peace, and Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery for Newgate, holden for the City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.
BEFORE the Right Honourable Sir THOMAS CHITTY , Knt. Lord Mayor of the City of London; Sir MICHAEL FOSTER , Knt. * Sir RICHARD ADAMS, Kn. + Sir WILLIAM MORETON , Knt. Recorder; ++ and others of His Majesty's Justices of Oyer and Terminer for the said City.
N. B. The Characters * + ++ direct to the Judge by whom the prisoner was tried; also (L. and M.) by what Jury.
Q. What is your imployment?
Brown. I keep a public house, I had company, there were 3 Ladies which drank tea; I gave the prisoner 3 tea spoons and tongs for their use, about 6 in the evening.
Q. How long had she lived with you?
Brown. About 7 or 8 days; after they had drank tea, I look'd in her face, and thought she look'd a little stupid in liquor, I order'd her to wash the spoons up, and put them into their proper place where they always are; this was near 8 o'clock; in about half an hour she took her bundles, and slipp'd off with the spoons in her pocket.
Q. How do you know that?
Brown. There was a painter there that told me. as soon as we miss'd her, that he saw her put the spoons in her pocket.
Q. Is he here?
Brown. No; he was a stranger to me. About 5 weeks afterwards, as I was going through St. Giles's, I saw her come out of a house; she seeing me, ran away, and through a house, and into another; I pursued and took her, and carried her before justice Fielding. She begg'd I would not take her there; and said, she would tell me where my things were: she own'd she had pawn'd them at the corner of Russel court, Drury Lane, at the house of one Rochford. I lost 3 spoons, but she own'd but to 2, and the tongs. Mr. Fielding sent for the pawnbroker, and his servant that took them in came; and she own'd she pawn'd them to him. (produced in court, and deposed too.) They have the same marks which they had when I bought them.
Peter Peel . I live with Mr. Rochford, a pawnbroker, I took these spoons and tongs in of a woman; I can't recollect the prisoner, they were brought at 2 separate times. I lent her 4 s. on the whole; I heard the prisoner own before the Justice she pawn'd them with me.
I am very sorry for what I have done, but I was not in my senses when I did it, my master has not paid me my wages.
Prosecutor. No, I did not; I thought her to be a little in liquor then, for the time she was there I owe her about 15 d. it cannot be above that, but I will give her half a crown (which he did) telling her he was sorry for her; recommending her to the court for mercy.
After she was found guilty, instead of returning her master thanks for his civility, and recommending her, &c. she curs'd him, and wished he might break his neck before he got home.
174. (L.) Ann, wife of John Preston , was indicted for stealing one scarlet cloth cloak, value 3 s. one pair of worsted stockings, value 6 d. 3 ounces and half of silk, value 9 s. and one copper sauce pan , the property of Thomas Fisher , April 23 . ++
Q. From what part of your house?
A. Fisher. The stockings were taken from out of my window, the Cloak out of a Drawer. I work for Mr. Shovet, in Crispin Street, and I sent her home with my work, which was the silk she carry'd, some to her own lodgings, some she took the money for, and got drunk with it, and this she dropp'd in the street, and a neighbour, one Mary Austin , pick'd it up; the sauce pan she had also out of my room.
Q. How do you know that the prisoner took the things?
A. Fisher. She own'd to it, she had pawn'd the cloak and sauce pan for 2 s.
Q. from prisoner. Did you not give me leave to pawn that silk?
A. Fisher. No, I did not.
Q. from prisoner. Did you not say to me, my dear, I am glad to see you, and kiss'd me afterwards.
A. Fisher. A likely thing that I should do that, when you had pawn'd my things the Monday before.
Q. Did you give the prisoner liberty to pawn any of your things?
A. Fisher. No, I never did.
Q. When was this?
M. Austin. It was on a Tuesday, I do not know the day of the month.
A. Fisher. I was sick at the hospital; I ordered her to bring it there to me, that she might carry it home, and bring my money for it on the Monday; and I sent her home to my Master's with it on the Tuesday.
The Prisoner said nothing to her defence.
Guilty, 10 d.
175, 176. (M.) Thomas Allen , and Francis Wardley , were indicted; the first for stealing, together with William Wake not taken, one copper pot and cover, value 6 s. one brass pot and cover, value 5 s. one brass stew pan and cover, value 2 s. 2 pewter plates, value 1 s. and 5 wooden trenchers, value 4 d. the goods of Joseph Lee ; and the other for receiving the same, well knowing them to have been stolen , March 10 .*
Joseph Williamson . I, one Wake, and the prisoner Allen, agreed to go to Mr. Lee's house to get what we could. Allen knew the way to the back door; they forc'd the door open, and we all 3 went in; Wake brought out the things.
Q. When was this?
Williamson. This was last friday night was sevennight.
Q. What things did you take?
Williamson. We took a brass pot, a copper boiler, 3 covers, 5 trenchers, and 2 plates.
Q. What did you do with them?
Williamson. We carry'd them to Wardley's house, and he receiv'd them.
Q. Did he know how you came by them?
Williamson. Yes; we told him we had stolen them. The next Day Allen and Wardley went and sold them, but I was not with them then.
Q. from Allen. Who carried the things to Wardley's house?
Williamson. You and Wake did, and I went with you.
Q. from Allen. Who broke into the yard first?
Martin Lion . About the hour of 12, in the day, on the 10th of this instant May, Allen and Wardley came to my house with a pottage pot and cover, and stew pan to sell; my man bought them of them. I was out, I soon after returned; after which they came again with another pottage pot, which I bought of them. Allen vouch'd for Wardley's character; Wardley said it was his own property, and that his wife us'd to wash in it, and she was dead, so he would sell it, having to use for it. I gave him as much or more than any body else wou'd. I set it out at my door amongst other things to sell, and soon after Mrs. Lee came and own'd it. I said to her, if that is your property, I fear I have got more of your things, which I bought of the same persons.
James Neal . I am servant to the last witness. I bought a pottage pot, a stew pan, and 3 covers of the prisoner Wardley; my master was out at that time when I paid Wardley the money; he said, now I'll go and redeem a large pottage pot that I had pawned in a drunken frolick. I said, if he would sell that, my master would give him as much for it as, any body; he would soon be at home; he went and brought it, and master came home and bought it of him.
Diana Lee . I am wife to the prosecutor. After these things were stolen, I went out with an intent to have them advertised; as I was going along, I saw the pot standing at Mr. Lion's door. I said it was mine. Then they said, they were afraid they had got more of my things, having bought more of the same persons, and if I had come about an hour sooner, I might have seen the men there. She show'd me the other things, and I own'd them.
I was drinking in a public house, between 11 and 12 o'clock, my comrade Wake came and asked me if I would go with him, and fetch some goods that he had bought; I said, can you not let it alone till morning. He said, he could not go in the day time. I ask'd him where they were; he said, he would not tell me till I came there. When I came to the place, Williamson went up and said this is the door, and went into the yard, and brought them out; I was not in the house; nor nigh it.
I was guilty in selling the things to be sure, but I did not know that they were stolen; I have been a soldier 18 years, and never was in trouble before.
To their Characters.
William Barry . Allen has been in our company between 5 and 6 years, he always behav'd well as a soldier, I never knew any ill of him before this, what he does when off from duty I know not; he never miss'd his duty, and always behav'd well and clean as a soldier.
Q. Do you know Wardley?
Barry. I do; he always behaved well as a soldier; I never knew any ill of him.
Robert Hunt . I have known Allen between 3 and 4 years, which is ever since I have been in the company; he always behav'd clean as a soldier, I never heard of his being guilty of any thing of this kind before; I know Wardly also, I never heard any ill of him, he behav'd well as a soldier.
Both Guilty .
177. (M.) George Anderson , was indicted; for that he, together with 3 others not taken, for stealing 11 hundred, 56 pounds weight of tobacco, value 40 l. the property of William and George Sambrook , privately in their warehouse ; it was laid also to be the property of James Russel , May 5.
Wiliam Sambrook . My brother George and I are partners and warehouse men. On Sunday the 4th of May, in the evening, my maid went up stairs, and came down again, and said she had been looking out at the window, and saw 2 men looking hard at the hinges of our warehouse door, and they go backwards and forwards, and take a deal of notice of the doors.
Q. Where do you live?
W. Sambrook. There is one small house betwixt my warehouse and dwelling house; I stepp'd out, but could not see any body; I went to one of my men that lives in the warehouse, and said, get your gun and sword in order, we are suspicious that somebody will attack the warehouse to night. About 1 o'clock in the night he came and knock'd at my door, and said, there is somebody at the warehouse, for there is a half hundred weight against the door; I bid him go and call our other 2 Men, Thomas Cordwell and Daniel Groves , and said, I would be ready against they came back; I got up, and went and fetch'd my brother Christopher; we were going together, I saw 2 watchmen with lanthorns, we went to the warehouse door, and I went in, there were 5 of us; we found one hogshead of tobacco clean gone, and another with the head out, and about 200 weight gone; I said, get away with your lights, for if they come again, if they see the lights, it may not be so well. My brother Thomas Cordwell and Charles Simpson walk'd at a little distance; Daniel Groves and I staid over against the door. We heard 2 men come whispering along by the side of the warehouse, it was then about 2 o'clock, they made a full stop. I had order'd them not to stir till the men were in the warehouse; but Daniel Groves had not patience, he stepp'd out, and I went out and took hold of one of them, and ask'd him, what he did there? and said, they must give an account of themselves before I parted with them. We walk'd down the street to my brother and the rest, then we took them to the watchhous e, and soon after one of the watchmen came and said he knew one of the men; that he was a milkman, and lived in Church yard Alley, White Chappel; we went to his house, and there I found a little bit of tobacco; we found there were 2 doors to the house. I staid till my brother went and fetch'd more men. I fixed 2 at the back door; they told me there were 3 men went out at that door; but as they had no tobacco with them, they did not stop them. I went and got a King's locker; when I return'd, I met a woman in the house, with a child in her arms; the locker said, we have some suspicion that here his tobacco in this house. She said, there is some come in to night, unknown to me, it is in the celler; she took a candle and lighted us down.
Q. Whose house was this?
Q. What is the weight of a Hogshead of tobacco?
Sambrook. Sometimes more, sometimes less; the whole of what we found there was 11 hundred and a half. We weighed it directly, we have brought some of it hear (produced in court) we drew some out of the parcel, and compar'd it with the sample that was taken at the landing of it, and it answer'd to that.
Q. Whose tobacco is it?
Q. When had you seen that hogshead last?
W. Sambrook. I had not seen it for a day or 2 before that.
Q. What use do you make of them warehouse?
W. Sambrook. No other use but for tobacco; I have a man lies in one of them to watch the goods.
Q. Do you sell any goods in the warehouses?
W. Sambrook. No; we only work the goods; there are coopers to show the goods and draw the samples; they are show'd at the merchant's house.
Q. Does the buyer go to the warehouse?
W. Sambrook. No; only when he reviews them, after he has bought them at the merchant's house.
Q. Was you with the prisoner before the justice of the peace?
W. Sambrook. I was; there the prisoner said, while the rest of them held the 2 doors apart he went in between, and then he forced the door open, and the lock or staple flew.
Q. Are you a partner with him?
C. Sambrook. I am not; it is another brother that is partners with him. My brother William called upon me about one o'clock that night; I went with him to the warehouse; there were Thomas Cordwell , Charles Simpson and Daniel Groves , standing by the warehouse door; they told me the warehouse had been broke open; I said to Cordwell and Simpson, do you come along with me, the other staid facing the door. I said, now the watch has gone 2, they will soon come if they come at all again. I saw a weight against the door, and the lock lay on the ground, the staple had been forced. Presently I heard my brother's voice; we both went up; and I heard my brother say, you smell strong of tobacco; then I said hold of
Q. Do you judge it had lately been brought in, or had it lain there some time?
C. Sambrook. I judg'd it had been just brought in.
Q. Can you distinguish that?
C. Sambrook. When a hogshead of tobacco is just broke open, it is warm in the inside, and smells a great deal fresher (and so did this)
Q. Did the prisoner confess any thing?
C. Sambrook. At the latter end of his examination he own'd to the fact; he own'd they were all concerned.
Q. What was laid to their charge?
C. Sambrook. Breaking the Warehouse open, and stealing the tobacco.
Q. Who charg'd them?
C. Sambrook. My Brother and I; Holmes was examin'd first, he told us in what manner it was done; then Anderson said it was done with a pick-ax; that there were four of them, some shoved, and some pull'd the folding doors apart, and that he crept in between them, and the use of the pick-ax was to wrench the lock off, I think he own'd he broke the lock off, and let the other 3 in.
Prisoner. There was no lock at all on the door, if I was to die this moment.
C. Sambrook. The prisoner own'd, that Holmes stood at the door with a cutlass in his hand, and that he did carry some of the tobacco off.
Prisoner. I disown it, I did not carry a morsel.
Q. Did the prisoner say where he dispos'd of it?
C. Sambrook. I believe he was not ask'd that (as we had been and found it in the cellar)
Q. Where was you?
Simpson. I was in my room in the warehouse, where I lie.
Q. For what purpose have you a room there?
Simpson. To take care and see that nothing of this kind happens.
Q. What did you see or hear?
Simpson. I heard a noise, I got up, and found the door put to, and a half hundred weight put against it. I went and told my master; he sent me for other assistance: we met my master and his brother, and the watchmen came with their lanthorns; we went in, and found a whole hogshead broke to pieces, and the tobacco gone.
Q. Was you before the Justice of the peace?
Simpson. I was; there I heard the prisoner at the bar say, the others held the folding doors open and he went in between, and with a pick-ax wrench'd the lock off.
Prisoner. You do not say right, there was no lock there.
Simpson. There was a lock there.
Q. Do you know how the tobacco is bought?
Simpson. The buyer goes first to the merchant, and if he likes the sample then he buys it there, and after that, they compare them with the hogshead when it is weighed.
Christopher Holmes . On the 4th of May, between 11 and 12 o'clock at night, one Farrel came into my bed-chamber and call'd me up. I came down stairs, there was the prisoner and the rest, we went all together to Chamber street.
Q. What conversation pass'd?
Q. Who do they belong to?
Holmes. I did not know then, but I do now, it is the warehouse that belongs to the prosecutors, as they say; one shov'd one door, and others pull'd the other at the bottom, and the prisoner got in between, he had a pick-ax in his hand, and when he was within the inside he open'd the door.
Q. How did he open it?
Holmes. He made a noise, but I being on the outside could not see how he did it.
Q. Had you a light?
Holmes. No, none at all; we all went in and opened a hogshead of tobacco, and took it all out, and part of another.
Q. How many turns did you make?
Holmes. I cannot justly tell.
Q. Did you carry it all at 2 or 3 turns?
Q. What time did you begin to carry it away?
Holmes. As near as I can guess between 12 and one, or about 12, but I did not go with them till the last turn, then I did, and carry'd 2 or 3 leaves in my hand.
Prisoner. He carried about 4 pounds, he went along with them as a guard, and carry'd none till the last, then he carry'd some.
Q. Where did you carry it to?
Holmes. We carry'd it into my cellar in Church-yard Alley.
Q. After this, what became of you all?
Holmes. We all separated, Anderson and I kept together, we went back to Chamber-street, with a design to put the doors together, that it should not be soon discover'd by the watch; and as we were going towards the place, I saw 2 or 3 men on the outside. I said, who is there? they came up to me. One of them laid hold of the prisoner, and I walk'd on; they did not lay hold of me till we got to where the other 2 men staid to watch. The prisoner ask'd what they wanted with him? they said, you smell of tobacco, and they wou'd tell him by and by; then they took us to the watchhouse, and after that before the justice.
Q. Did you in the warehouse declare what you have now, and to whom?
Holmes. When I was carry'd before the justice, I was charg'd with being an accomplice in taking this tobacco; and then I declar'd what I have now said, and what I know'd, and Anderson the prisoner could not deny what I said.
Q. Did he own it?
Holmes. He own'd he went into the warehouse when we pull'd and push'd the doors; he own'd to every thing that I said.
Q. from prisoner. Was there any lock upon the door, or not?
Holmes. How could I tell that, as I was in the street.
When the door flew open Holmes came in with a drawn cutlass, and said, any man that opposes or interrupts us he wou'd have his life: when the hogsheads were opened there were three men with him.
Guilty of stealing the goods, but not privately in the Warehouse .
George Crowder . I happen'd to see the prisoner loitering about the street; I watched and saw him take 2 quartern loaves, and a half peck loaf out of a baker's basket: he ran away with them, and I pursued and took him; he dropp'd the loaves in the street.
Q. Whose bread was it?
Crowder. It was the property of William Knight, on Snow-hill.
Q. Where was this?
Crowder. This was in St. Margaret's Lothbury.
I did not take it.
For the prisoner.
Mr. Hust. I have known the prisoner several years; I always took him to be an industrious honest man.
Jasper Williams . I live in Tower street , the prisoner was my servant for 6 or 8 weeks, I lost a pair of buckskin breeches, I charged the prisoner with taking them; she own'd she did, and had sold them to one Dearing in Rosemary lane for 5 s. (they cost me 25 s. and were but just soiled) we went there, he denied buying them; said he did not know her, or that he never saw her: she told him to his face every particular; she said it was on a Monday morning.
Robert Warner . I was constable of the Night; the prisoner own'd before Mr. alderman Gosling she had taken the breeches, and sold them to one Dearing in Rosemary lane; we went there with her, the man said he had not bought any buckskin breeches for 3 months. She said, she ask'd him 6 s. and he would give her but 5, and insisted upon what she said to be truth: he said he did not know her.
My prosecutor said, if I would own it he would let me free; so I own'd it, that he might let me go out of the compter.
Q. to prosecutor. Did you make her any promise?
Prosecutor. I said I would make it as easy as possible if she would let me know where my breeches and things were. I lost other things; but I did not say I would not prosecute her.
Guilty, 4 s. 10 d.
Q. What are you?
Hunt. A grocer ; we had a suspicion we had miss'd some halfpence, so I wrote on several papers, put about 4 d. worth of mark'd halfpence in a paper, there were a crown in each paper, and the next morning there were 2 papers gone, that is 10 s. worth; they were put up for such, but there were 9 penyworth mark'd in them both; them I can sware to.
Q. Did you find those mark'd on the prisoner?
Hunt. Yes, we did ( he produced the mark'd money) he took them himself out of his pocket on being charged with taking them, and confessed directly.
Stephen Monday . I live with Mr. Hunt, I mark'd some of this money, I was by when Mr. Hunt call'd the prisoner down stairs, and charg'd him with taking this money; he own'd it, and pull'd them out of his pocket himself. He looks on the money, and show'd the marks made by him.
The prisoner said nothing in his defence.
For the Prisoner.
Robert. Harris. I have known him almost 20 years, he always bore an honest character before now.
Samuel Beckett . I live in Long Lane by Smithfield ; I went out to get change for a shilling to the next house. I pull'd to my hatch and my door; I was not gone above a minute, I saw the prisoner come out of my door with the leather under his arm. I call'd stop thief; he dropp'd the skins and run away. The neighbours run and took him; I took him before an alderman; there he said he was fuddled, which made him do it.
Randolph Carter . I was in the street, saw the prisoner come out of Mr. Beckett's shop with the skins under his arm; Mr. Beckett call'd out stop thief; I pursued him, he dropp'd the skins, I took him; and before the alderman he said he was drunk when he did it.
I had been to measure a gentleman for a pair of breeches, and I went in there to buy 2 skins to make the linings; I design'd to pay for them, but being a little in liquor, and the man came and call'd stop thief, it frighted me, or I would have paid for them.
For the Prisoner.
A Serjeant. The prisoner is a soldier in the first regiment of guards, and has been a soldier ever since the 10th of last August; he behav'd well as a soldier, as to his private affairs I know nothing of.
Guilty, 4 s. 10 d.
182. (L.) Mary Tompson , spinster , was indicted for stealing one pair of linnen sheets, value 5 s. 2 pillow cases, value 2 s. 3 diaper table cloaths, value 4 s. 3 quilts, 2 diaper napkins, one copper tea kettle, and 3 silver tea spoons, the property of Daniel Catleay , in a certain lodging room let by contract , &c. May 6 .
St. Giles's , which I rent for the use of my things, which I use in doing business for a gentlewoman that lives near that place.
Q. When had you seen them last?
Gregory. I had not been in that place for 5 or 6 weeks before.
Q. Did you ever find them, or any of them again?
Q. How do you know them to be your property?
Gregory. Some of them had my father's mark upon them; the screen had, they had shav'd one of the ladders all over, but I know that by my often using it: three of the scaffolding boards were mark'd with J. G. my father's name.
Q. Was you at the justice's on the examination of the prisoner?
Gregory. I was; and was told by a labourer, that he had seen the prisoner take the things out of that cellar, and carry them to the broker's; then I went with a constable and found the things; then I went to the justice's again; the prisoner denied it a great while. Mr. Welsh ask'd him how he cou'd so stiffly deny it, seeing it was so plainly made out against him; then he held down his head, and said nothing.
Q. What is the prisoner?
Gregory. He was my servant, but I had discharg'd him about 6 weeks before; he is a bricklayer.
Thomas Riley . I live in Wild- street, Bloomsbury, Mr. Gregory rents a room of me to keep his ladders and things in. About a fortnight ago last friday, the prisoner at the bar put out 2 ladders, a screen, and some scaffolding boards from that room. I said to him, what was Mr. Gregory going to do a small jobb.
Q. What time of the day was this?
Riley. This was about 11 o'clock in the day, he said he put them out by Mr. Gregory's order.
Q. How many scaffolding boards were there?
Riley. I think there were six; he carry'd them away, and as I found afterwards sold them.
Q. How came you to think they were at Graham's?
Riley. Mr. Graham owns to it.
Graham. I can't tell the day of the week, nor month neither. The prosecutor came, and he claimed more boards than were his own; and that ladder that I shaved, I had it from about a week or fortnight after Easter.
Q. What did you give the prisoner for the whole of what he brought?
Graham. I compute it at about 11 shillings, he brought them all at one time, and I made no scruple but they were his own property; he ask'd me if I wou'd buy such things, saying, they were his own, he had been in business for himself, but was reduc'd.
I serv'd Mr. Gregory a good while, I believe for 3 quarters of a year on and off; as for these things, they were my own property; if there were any marks upon them I know nothing of it. No man never charg'd me with any thing of this sort in the world before; I have work'd for the Speaker of the House of Commons, my Lord Bathurst, and several others.
184. (M.) Elizabeth Hall , Widow , and Sarah Grant , Widow , were indicted for stealing one silk sack, value 9 s. 8 damask napkins, value 10 s. 2 petticoats, value 7 s. 2 linnen shifts, value 4 s. one linnen apron, value 1 s. 3 linnen table cloths, one linnen handkerchief, and one silk handkerchief , the property of Eliz. Gardner, spinster , April 23 . +
Q. What business are you?
E. Gardner. I am of no business in particular.
Q. Do you rent a house?
A. Gardner. I am in lodgings.
Q. In whose house?
Q. When did you miss them?
E. Gardner. I miss'd them as near as I can guess on the 23d of April last.
Q. When had you seen them before?
Gardner. I had seen them about 3 weeks before.
E. Gardner. In the dining-room, I was sick at the time I lost them, is the reason I did not miss them sooner. I miss'd them as soon as I got up again; I had been ill about 3 weeks.
Q. Were they lock'd up?
E. Gardner. No, I believe they were on the table.
Q. Did either of the prisoners live servant with you?
E. Gardner. Elizabeth Hall liv'd servant with me, the other prisoner came backwards and forwards as a chairwoman when I was sick. When I miss'd the things, I ask'd Elizabeth Hall for them; she made me for answer they were not at home: I ask'd where they were? she told me, she would go and see to get them. I ask'd her if she had pawn'd them; as I was informed she owed some money, and if she had I would go and get them out again. She said she had not, but had given them to the other prisoner for her use, with this intention, that she should bring them back again, she being to receive 10 l. in about a fortnight. When Grant came again to my house, I ask'd her what she had done with the things. She said, she had pawn'd them, and would soon bring them again, to one Mr. Hull, where I went and found the sack, petticoat, a napkin, a shirt, and handkerchief (produced in court, and depos'd too) I found also another napkin, my property, at one Mr. Hudson's. ( produc'd) I believe my servant was drawn in by Grant to do this thing; till she was acquainted with her she behaved exceeding well.
Q. When was the first time?
Hull. Some about the 4th or 5th of April last, and the last about the 20th.
Q. Did she come alone or in company?
Hull. She brought them all herself.
Q. Whose did she say they were?
Hull. She said she brought them from a young lady where she chair'd.
Q. Did you ever see the other prisoner?
Hull. No, I never did to my knowledge.
Q. How much did you lend upon the whole?
Hull. I lent her about 40 s.
John Hutchens . I live in Winslow-street; the prisoner brought a table cloth to me on the 12th of April, and told me she was chairing for a young lady that was not well, and she brought it for her mistress's use.
Q. Did she name her mistress's name?
Hutchens. She mention'd the name of mistress Brown in Berwick-street.
Q. Do you know Elizabeth Hall?
Hutchens. I never saw her till at Justice Welch's.
Q. What did you lend Grant upon the table cloth?
Hutchens. I lent her half a guinea.
I ask'd my mistress when she was ill, if she would lend me a few things for my own use, and she lent me these things for 2 or 3 days.
The young woman (meaning Hall) lent me the things; and I did intend to return them again as soon as I could.
Keisey Malichamp. Hall was servant to me about 9 years, I never saw her drunk, or do any ill thing; I have left her in my house many a time, and at my return I found all things right.
Q. How long is it ago since she lived with you?
K. Malichamp. She lived with me just before she went to live with the prosecutrix.
Q. Where do you live?
K. Malichamp. I live at Chelsea.
Keisey Carter. I am daughter to the last witness; I have known Hall upwards of 9 years, I never heard any thing ill of her till now.
Leab Waldow. I have known Hall 4 or 5 years, and have imployed her as a chair-woman, and never know'd but that she was honest.
Q. What is her general character?
M. Matthews. I never knew any thing of her but what was very honest.
Q. Who is she?
M. Cathrey. That is Grant, she took care of me twice in my lying-in
Q. How long is the last time ago?
M. Cathrey. The first was about 3 years ago, and the other about a quarter of a year ago.
Q. What is her general character?
M. Cathrey. I always found her honest.
Q. to prosecutrix. Did you ever lend Hall any of those goods?
Prosecutrix. When I was sick of the fever, if she ask'd me for leave to pawn them, I might give her leave, but I do not know that I did.
Both Acquitted .
185. (L.) Ann Rowney , spinster , was indicted for that she together with John Robertson, otherwise John Brown not taken, on the 7th of March, 1759 , about the hour of 2 in the night on the same day, the dwelling-house of Sidney Thornhill , widow , did break and enter, and stealing one pair of stays, value 20 s. 2 gowns, one calimanco petticoat, one shalloon petticoat, 2 white petticoats, 2 scarlet cloaks, one bed-gown, 4 linnen aprons, 2 linnen caps, 4 silk and cotton handkerchiefs, one linnen sheet, 2 silver tea spoons, one coat and one waistcoat, the property of the said Sidney, in her dwelling-house . ++
Sidney Thornhill . I live in Somerset-street in the city; my house was broke open about 2 in the morning, on the 6th of March was twelve months, and I was robb'd of the things mentioned in the indictment.
Q. Name them?
S. Thornhill. There were 2 gowns, one damask lined with silk, 2 black petticoats, 4 aprons, one pair of stays, 2 caps, one coat, one waistcoat, one sheet, and 2 silver tea spoons.
Q. Why do you charge the prisoner?
S. Thornhill. I had information given me by one Thompson on the 9th of this month; she told me, she know'd the prisoner that broke my house open, and robb'd me; and said it was one John Brown, who is not taken, and Ann Rowney , the prisoner at the bar; I ask'd her how she came to know of it; she said, she was not a yard and a half from my house when John Brown gave her a bundle that he had taken out of my house. So upon this information I had the prisoner secured.
Q. Did you take the prisoner before a magistrate?
Q. Did you hear the prisoner confess any thing?
S. Thornhill. No; she own'd to nothing.
Q. Have you found any of your things again?
Q. How long have you known of it?
A. Thompson. I knew of it ever since is was first done.
Q. Why did you not speak of it sooner?
A. Thompson. Because I was afraid of being murdered, there is such a terrible gang.
Q. What way of life are you in?
A. Thompson. An unhappy way of life.
Court. Go on, and tell your story.
A. Thompson. This Brown that has been mentioned gave me the bundle in my room, and ask'd me if I would take care of it.
Q. When was this?
A. Thompson. It is more than 12 months ago.
Q. How long was it after the robbery was committed?
A. Thompson. It was about 5 or 6 minutes after.
Q. Was you present when the robbery was committed?
A. Thompson. I was, and so was the prisoner at the bar, she took and opened the bundle, there were 2 caps in it, she took one, and gave it to me.
Q. Where was this?
Q What did you see of the robbery?
A. Thompson. I saw Brown come out of Mrs. Thornhill's kitchen window, and the prisoner come out afterwards.
Q. How near was you to the window then?
A. Thompson. I was not 4 yards from it.
Q. Did you see the prisoner go in?
A. Thompson. No, I did not; I can mention all the things in the bundle, which bundle I saw in Brown's hand.
Q. Mention them.
A. Thompson. There were 2 brown gowns, one a damask gown, lined with a silk Persian read, 2 black petticoats, 2 under petticoats, one dimity, and the other callico, 4 aprons, 3 of them colloured, one white, one pair of stays, 2 caps, one coat, and one waistcoat.
Q. to prosecutrix. Have you a husband?
Prosecutrix. No; I was a widow then, but the coat and waistcoat are my son's, which I bought for him; he was an apprentice, and I found him all his cloaths.
A. Thompson. There were 4 handkerchiefs also (the linnen cap produced) this cap the prisoner took from out of the bundle, and gave it to me.
Q. to prosecutrix. Look at this cap?
Q. When was you before Justice Fielding?
A. Thompson. On the 10th of this month.
Q Did you give any account to the Justice that you saw either Brown or Rowney come out of the prosecutrix's window?
A. Thompson. No; I was so frustrated that I did not.
Q. What night was the robbery on?
A. Thompson. It was on a Thursday, I don't know what month; the goods were brought to my room that night.
Q. How came you to know of the house being broke open?
A. Thompson. I was coming over the waste ground, and he bid me take hold of the bundle; and I took it as she was coming out at the window.
Q. How came you in your information to say, you heard the day after these things were brought to your apartment, that Mrs. Thornhill's house had been broke open and robb'd? (I have your information in my hand)
A. Thompson. I was frustrated, I did not know what I said.
Q. Whether you have had any conversation with any person concerning any reward that in to be had on the conviction of the prisoner?
A. Thompson. I never heard that there is a reward.
Q. Whether you have not had such conversation with the person that took the prisoner up?
A. Thompson. No.
Q. Have you ever had any quarrel or dispute with the prisoner?
A. Thompson. No.
A. Thompson. I do.
Q. Did you never desire her to swear against the prisoner at the bar?
A. Thompson. No.
Q. Had you never a quarrel with the prisoner about cutting out a pocket?
A. Thompson. No; I never had any quarrel with her.
Q. What is the reason, that at this great distance of time, from the 6th of march was twelvemonths, to the 9th of this instant, that you never went to acquaint Mrs. Thornhill with what you knew?
A. Thompson. I dare not, there is such a gang of them.
Q. How came you to do it now?
A. Thompson. Because she wanted to bring me into a robbery, and I would not do it; she wanted to bring me into a worse than this.
Q. Do you know who took her up?
A. Thompson. I cannot tell.
Q. Was you not present when she was taken up?
A. Thompson. No, I was not.
Q. Did you never consult any body, or acquaint any body with this affair, before you told Mrs. Thornhill of it?
A. Thompson. Yes, I told one Buckling, at the Queen's-head in Harrow alley, White Chappel.
Q. What did he say to it?
A. Thompson. He said, go and tell the truth to the poor woman that has lost her things.
Q. How long ago is that?
A. Thompson. I believe it is about a month ago.
Q. Did you go immediately?
Q. When was that?
A. Thompson. I can tell the exact time, because I have been in goal and can neither write nor read.
Q. How came you in goal?
A. Thompson. I was committed by Mr. Fielding as an evidence in this affair.
Q. Did Buckling say to you there would be a reward?
A. Thompson. No, he did not; he gave me the best advice he cou'd to go to the poor woman.
Q. How long after this that you told Mr. Buckling that you told Mrs. Thornhill?
A. Thompson. I went directly and told her that very day.
A. Thompson. No; I do not know such a person.
Richard Stevens . I am a Surveyor, I know nothing of the robbery, nor ever saw that creature (meaning the last evidence) in all the world to my knowledge: Mrs. Thornhill told me of the robbery, and show'd me the place where her house was broke; it was a sash that slides by another, they had broke the glass to put a hand in, so as to unscrew it, that it might slide back.
Q. to prosecutrix. How was your house broke?
Prosecutrix. The kitchen window a glass was broke, as Mr. Stevens has mentioned, and the cross bar was taken quite away, and room for any body to get in.
Stevens. I lived next door but one to Mrs. Thornhill for 17 years; I was going that way some time after, and she was crying and telling me how she had been robb'd; she show'd me also how her trunks were broke open, by cutting the leather which was over the hasps, and wrenching the hasps off. I know that neighbourhood to be a notorious bad place; I was robb'd there once just by my own door, and afterwards some of them threatned to shoot me *; and I was forc'd to remove out of the neighbourhood.
Brown and I had a good many words, he call'd me a good many names, and I did not chuse to live with him; this Ann Thompson laid hold on some of my words, and she had me before my Lord Mayor. I have been by Mrs. Thornhill's house many a time since; she has said, if I wou'd give her a note for 10 l. or 5 l. she would make it up with me; she cry'd, and said the same at justice Fielding's.
Q. to prosecutrix. Did you ever make such a proposal?
Prosecutor. No, never in my life-time.
Prisoner. They said, they wou'd carry me to justice Fielding. I begg'd they wou'd not carry me there, for he is a very dangerous man.
Prosecutrix. Yes, I do; that was on the 9th of July: she was taken in custody by the constable for a riot, and swearing in a blasting manner; that was in Harrow Alley; she turn'd her petticoat back, and said to Brown, blast you. you rogue, I'll have you scragg'd, for you robb'd the poor old woman over the ground (there is a piece of waste ground between there and my house) for you broke open her house, pulling out a chissel and hammer from out of her pocket, saying, my house was broke open with them; I hearing she had said this several times, but she was not committed for breaking and robbing my house, my Lord Mayor committed her there for her rioting and wicked talk.
Q. Was she not committed for this offence?
Prosecutrix. Not then she was not.
For the prisoner.
Q. Where do you live?
J. Edwards. I live just by White Chapel, in Petticoat lane, my husband is a seafaring man, and allows me a trifle a week to live upon; he belongs to the Royal George.
Q. What conversation had you with Thompson?
Q. When was this?
J. Edwards. This was about 3 or 4 days after she made herself an evidence. Nancy Rowney said Hussey; they had had a quarrel in the day; Thompson went and cut her own cloaths with a knife, to lay it to Nancy Rowney . She said, if I would not go and smack it along with her before my Lord Mayor, she would take my life away, and
Q. Did she say any thing of a reward?
J. Edwards. She said, do not you know, that if you come along with me, and sware right or wrong, you shall have a reward, but said she wou'd not sware by herself; she went and pump'd the prosecutrix out of every word she said.
Q. Who did she want you to smack it against?
Elizabeth Lovell . The night that the prisoner was taken up, which was last monday was a week, she was coming down the Minories, the prosecutrix's son and daughter were holding the prisoner, one by one arm, the other by the other, while the city marshal conducted her to the watchhouse. I went and followed them to the Compter; going along, as the son and daughter were following her at a distance, they wrangled about the reward.
Q. What did they say?
E. Lovell. One said I shall have 40 l. No, the other said, I shall have it. I follow'd them to the Compter, and went in, and came out with them.
E. Lovell. No, she was not; Thompson used me monstrous ill; she said, you impudent whoring flut, you drink with Ann Rowney , but I'll be up with you. I served a warrant upon her; after that, she went and made herself an evidence after she was my prisoner; (my husband is a custom-house officer) she said, for spight she would be up with me; I have eat and drank with Ann Rowney , and never saw no harm by her.
Q. How does she get her living?
E. Lovell. A Butcher in White Chapel indulges her with what he gets, he gets his bread very hard.
Q. Did you ever hear Thompson say any thing about the reward?
E. Lovell. No.
Mr. Buckling. Thompson was drinking in my house, I heard her say she would have Rowney taken up, and mention'd this affair. I said, what she know'd of it, it was a pity she did not acquaint the old woman with it.
Q. How long is this ago?
Buckling. It is about a fortnight ago.
Q. Did she mention any thing about the reward?
Buckling. No, not as I heard of.
Mr Miller. I live within a few doors of Mrs. Thornhill.
Q. Do you know the evidence Thompson?
Miller. I do.
Q. What is her character?
Miller. She has but a very indifferent character, she is a disorderly girl.
Q. Do you believe she is to be credited upon her oath?
Miller. I think she is not.
Q. Have you ever had any dealings with her?
Miller. I have dealt with both the prisoner and she.
Q. What are you?
Miller. I am a pawnbroker.
Q. Where do you live?
Miller. I live in Mansell-street, Goodman's Fields, next door to the Fleece.
Q. What character has the prisoner?
Miller. She lives with a young man a butcher; she has been a customer to me 6 or 7 years; I never heard of any robberies by her before this, I have heard of some little trifling things.
Q. Upon your oath, did the prisoner ever pledge any of these goods mention'd in the indictment with you?
Miller. No; neither she, nor any body else that she sent.
Q. Was there a warrant granted upon Thompson's information to search your house for these goods?
Miller. Yes; and the constable examin'd my book.
Q. What is her way of life?
E. Hatcher. She us'd to take in a little plain work, and a young man a butcher is her husband I dare say. I never knew any thing dishonest of her in the days of my breath.
Q. Is she here (produced in court, and deposed too)
The things were lent to me, and I happen'd to get a drop in my head, and so I pawn'd the gown.
Guilty, 10 d.
187. (M.) Eleanor Crouch , widow , was indicted for stealing 2 stuff gowns, value 20 s. 2 linnen gowns, value 10 s. and one silk cardinal, value 9 s. the property of Sarah Ingham , spinster , May 14 . ++
Sarah Ingham. I lost 2 gowns and a cardinal as mentioned in the indictment, on the 14th of this instant May.
Q. Was the prisoner your servant?
S. Ingham. I never saw her before she was taken to my knowledge.
Q. Where were the things taken from?
S. Ingham. They were taken from a 2 pair of stairs fore-room.
Q. Where do you live?
S. Ingham. I live in Germain-street.
Q. What are you?
S. Ingham. I am servant to a butcher there.
Q. Why do you suspect the prisoner?
S. Ingham. She was taken in the street, after having been stealing in another house, and she had one of my gowns and my cardinal on her back, at the time she was taken before justice Fielding, and I went there, and told his worship I had lost 3 more gowns; he ask'd her where we lodged. She told him, he sent a constable, and I went with him to search, and there I found my other 3 gowns in a drawer, (produced in court, and deposed too) she takes up a silk and stuff gown, this she had on her back when taken and this cardinal, producing it.
Q. Can you tell how they were taken away?
S. Ingham. I cannot tell that.
The prisoner had nothing to say in her defence.
There were 2 other indictments against her for crimes of the same nature.
188. (M.) Edward Chiperway , otherwise Shipway , was indicted for stealing 3 cloth coats, value, 5 l. 2 cloth waistcoats, value. 20 s. 2 fustian Frocks, 3 stuff waistcoats, the property of the right honourable Charles earl of Egremont ; one cloth coat, one fustian frock, one fustian waistcoat, one flannel waistcoat, one pair of leather breeches, 2 pair of worssted stockings, one linnen shirt, and one linnen towel, the property of Daniel Waters ; 2 fustian frocks, one flannel waistcoat, one pair of breeches, and 2 linnen shirts, the property of James White , one linnen shirt, and one pair of worsted stocking, the property of Joseph Briant ; 2 hempen horsecloths , the property of John Stubbs , May 19 . ++
Daniel Waters . I am Coachman to my lord Egremont, the things mentioned in the indictment were lost out of the stable in Mason's yard, Duke street ; I know nothing of the prisoner, the watchman took him in custody (he mentions each article and to whom they belong'd) the prisoner was examined before justice Cox, and the goods were produced there; the prisoner denied knowing any thing of the robbery?
Q. When did you miss them?
Waterts. I went out between 5 and 6 o'clock on sunday night, and did not come home till 12, the things were in the stable at 12 at night, and the door lock'd.
Q. What is the prisoner?
Waters. He drove a Jobb in the next yard, but I did not know any thing of him before he was in custody.
Q. Do you remember justice Cox asking the watchman whether he could be sure as to the prisoner, or whether he was doubtful?
Waters. Yes; at first he said to the best of his knowledge; the justice said the best of his knowledge would not do; then he said, he was the man, and no other.
James White . I lost 2 fustian frocks, 2 shirts, a pair of breeches, and a flannel waistcoat, some of the goods mentioned to be my lord's were my livery, and some my fellow servants; I knew not who took them, any more than what the watchman told us.
Q. At what time?
Kelley. I believe it was a quarter of an hour before 2 o'clock on the 19th of this instant. As I was setting in my watch-box, I heard an uncommon noise of thrusting through a passage, it was my business to examine what it was; I went out, he saw me with my lanthorn, he makes a double, and went down the street with the bundle on his back, opposite to my lord Hyde's door, duke-street; I had the advantage with my lanthorn, and 2 lights that were there, which gave me a full sight of him; I saw him plain, and described him plain to the men after the prisoner got away; for he throw'd down the bundle, and run away, and I went and took him in his master's yard, and deliver'd up the bundle in Mr. Stubbs's yard; we carried him into the taphouse.
Q. What time did you take him?
Kelley. I took him between 5 and 6 the same morning; his master's yard joins to where the robbery was commited.
Q. Was you before justice Cox when the prisoner was there?
Kelley. I was.
Q. Was you positive of the prisoner being the man on whom you found the bundle?
Kelley. I was certain.
Q. Did not you say at first you could not be certain, or that you would not be positive?
Kelley. Sir, my knowledge is I am confirm'd.
Q. Whether you did not declare you could not be certain at first, but only said to the best of your knowledge; and did not the justice say, that would not be sufficient?
Kelley. He did say so, but I am positive there is the man (pointing to the prisoner) I am positive.
William Penrice . I am constable; about 7 in the morning the watchman came and told me he had catch'd a thief that had robb'd my lord Egremont's stable; he said, don't think I am come to deceive you. I was then in my bed; he said, the man that I have taken is a middle-size thinish man, with a scraggling short sort of hair, with a cast in his eyes, a blew coat, sustian breeches, and black stockings; I got up and dress'd myself; he brought me to the top of Mason's yard; when we came into the tap-room, in that yard I saw the prisoner among other men.
Q. What place is this Mason's yard?
Penrice. It is a livery stable, and belongs to Mr. Stubb's; by the description the watchman gave me I know'd him amongst the rest; the watchman was behind me when I laid hold of him ( the goods produced in court, and deposed too)
I was in bed at the same time, I went to bed that night between 8 and 9 o'clock, and have witness here to prove it.
For the prisoner.
The witnesses were examined apart.
Q. How far is Mason's yard from the place where you lodged?
Cottis. It is about as far as from this court to the bottom of the Old Bailey.
Q. What are you?
Cottis. I was porter to Mr. Pitt.
Q. Do you live with him now?
Cottis. I do not.
Q. Where did you lie on Sunday night the 19th instant.
Cottis. I lay at Mr. Joseph Hall's with the prisoner at the bar in the same bed.
Q. to Kelley. What time did you see the prisoner with the goods on his back?
Kelley. It was on that Sunday night, or more properly the Monday morning, at about 2 o'clock.
Q. to Cottis. What time did you go to bed that Sunday night?
Cottis. I went to bed about 11 o'clock, the clock struck eleven just before I got up stairs, or just as I got up; my landlady told me, my bedfellow was in bed, and had been by 9 o'clock, and he'd scold me for being out so late at night; I had been at Mr. Secretary Pitt 's house, waiting for his steward till about a quarter before 11.
Q. Who was your bed-fellow?
Cottis. That was, the prisoner at the bar.
Q. Did you find him in bed?
Q. What time did you get up in the morning?
Cottis. I got up before 6, he lay in the bed with me till half an hour after 5; I spoke to him when I got out of bed, and desir'd him to look out at the window, I hearing people talking; then he got out of bed, and look'd out at the window; then his master call'd him.
Kelly. I brought him a prisoner out of his master's stable, about half an hour before 5 o'clock.
Samuel Whitehouse . I saw the prisoner at the bar go to bed about 9 o'clock that night; I went to bed at 11 when Mr. Cottis did, in that very room which the prisoner lay in; I saw him in bed when I went to bed, and I got up about three the next morning to make water, St. James's church clock 3, then I saw him in bed, and Mr. Cottis along with him.
Q. Did you lie in the same bed with them?
Whitehouse. No; I saw the prisoner likewise get up about 5, or betwixt 5 and 6 that morning, I mean the 19th of this instant.
Q. Where was you when he got up?
Whitehouse. I was in my bed in the same room, and saw him putting his cloaths on as I lay.
Joseph Hall. The prisoner at the bar lodg'd at my house, I have known him twenty years.
Q. How long has he lodg'd at your house?
Hall. He has lodg'd at my house from last Christmas; I know very well that he went up stairs to bed before the clock struck 9, on the 18th of this instant May, being a sunday; I call'd him up the next morning, I understood afterwards he was got out of bed.
Q. How is your house secur'd on nights?
Hall. If any body goes out of my house, they can't get in without somebody within let them in; when you go out the door follows you, and shuts and locks.
Q. Did you hear any going out that night?
Hall. No, I did not.
Q. Have you any reason to suspect the prisoner was out of your house that night?
Hall. No; I have not the least in the world; sometimes he drives a jobb, and comes home late, and I get out of my bed to let him in, if after 11 o'clock, at that time I always shut up.
Q. What character does the prisoner bare?
Hall. No body bears a better character; he knows where I put my money as well as I do myself, if he had been minded to take from me, I might have lost a great deal.
Q. to Cottis. What is the prisoner's general character?
Cottis. He bares a good character.
Q. to Whitehouse. What character does the prisoner bare?
Whitehouse. A very good one, he is an honest industrious man.
Mr. Howel. I have known the prisoner about 2 years.
Q. What is his general character?
How. He is a very sober, careful, industrious man, and a very honest man as far as ever I heard.
Q. Where do you live?
Howel. I live in Rider's-street, St. James's.
189. (L.) Samuel Willson , merchant , was indicted, for that he having in his custody a certain forged bond, with the name John Lawson thereunto subscribed, purporting to be from himself and John Lawson to Thomas Fogg , dated Nov. 29, 1758, in the penalty of 1200 l. for the payment of 600 l. and for publishing the same, well knowing it to have been falsely forged and counterfeited, with intention to defraud Thomas Fogg. It was laid over again to be done with intention to defraud Thomas Higgs . It was laid also to be done with intention to defraud John Lawson . +
Thomas Fogg, I live in Lad-lane.
Fogg. I have known him between 5 and 6 years, I had of him some securities deposited with me.
Q. Where had he them?
Fogg. I do not know that, the prisoner was an indorser, but I do not know which way Mr. Higgs had them.
Q. Was the prisoner the last indorser?
Fogg. I do not know whether he was or not, there were 3 bills, they were for 453 l. 1 s. 2 of them were upon Mr. Tittley, and I think one upon Mr. Lawson.
Q. What did you do with them?
Fogg. I sign'd them over to the prisoner at the bar.
Q. Who were the drawers of these bills?
Fogg. Upon my oath I do not know who the drawer of any was.
Q. Had you any application made you by the prisoner at the bar, concerning any sum of money?
Q. Whose money was this that you was so to negotiate?
Fogg. It was for Mr. Higgs; I gave Mr. Higgs a memorandum for 600 l. for an accountable acknowledgment.
Q. In what manner was this 600 l. to be secured?
Fogg. By a policy of Insurance, and a joint bond between him and Mr. Lawson for 600 l.
Q. Whether you would have advanced this money on the account of Mr. Higgs, unless you had the joint bond of Willson and Lawson?
Q. What day was this agreement made?
Fogg. On the 29th of November, 1758, about 9 in the morning, as near as possible.
Q. Did you go with the prisoner to any notary or scrivner?
Fogg. Yes, to Mr. Hewit, in Birchin-lane, a notary public.
Q. Were those things shown to him?
Fogg. They were, Mr. Hewit prepared the bond.
Q. Did the prisoner go to Mr. Hewit?
Fogg. He did.
Q. What were the directions given to fill up the bond?
Fogg. It was to fill up the joint bond by Willson and Lawson to me for 600 l.
Q. Who gave directions for that?
Fogg. We were both together, the prisoner and I; whether he or I ordered it I cannot tell, but I dare say we were both there at that time.
Q. Did you see the bond prepared?
Fogg. I did, Mr. Wilson took it out and said, he could see Mr. Lawson, but we could not so conveniently see him, or to that purpose; he went away with it, and in about 3 quarters of an hour return'd (it could not be an hour) he brought it with the name Lawson sign'd to it.
Counsel. Then you did not go with him to see it sign'd by Lawson?
Fogg. No, I did not.
Q. Look upon this bond. (He takes it in his hand)
Fogg. This is it; I think he brought it back sign'd with both names.
Q. Was Betham in the room at Mr. Hewit's when the bond was drawn?
Fogg. No, I never saw him at that time.
Q. Did the prisoner return with this bond in the form it now appears, that is, executed and witnessed?
Q. Who did he deliver it to?
Fogg. He deliver'd it to me.
Q. Whose hand writing is on the back of it?
Fogg. I do not know.
Q. Who was present when he delivered it to you?
Fogg. Mr. Higgs was.
Q. What did you do upon this?
Fogg. Upon this I gave up the bills of exchange.
Q. Has the money ever been paid upon this bond?
Fogg. I have received the money, but not of the prisoner at the bar.
Q. Who did you receive the money of?
Fogg. Of Mr. Staples and Mr. Winterbottom, assignees to Lawson's estate.
Q. Should you have advanced this sum of 104 l. 19 s. without the security of this bond?
Fogg. No, I should not.
Q. Who were those bills deposited with you by?
Fogg. They were deposited with me by Mr. Higgs.
Q. Had you any property in the bills?
Q. On what occasions were they deposited with you?
Fogg. He desired me to do it for him, to apply to Mr. Willson to get what security upon them I could, as they were a little dubious; Mr. Willson had applyed to me before Mr. Higgs did.
Fogg. I am sure they were.
Q. What interest had Mr. Lawson in those bills; by what you say it appears he was acceptor of one of them, but which I cannot tell.
Fogg. I think I saw his name on the back of one or both of the other, but I am not sure.
Q. Tell the jury how Mr. Lawson was concerned in the fate of the 3 bills.
Fogg. Any bills that come in the course of business I copy, but those I never did copy, those were put into my hand by Mr. Higgs on the 28th, but I never thought them worth putting into my book, it being so soon done.
Q. Are you certain that the name of Lawson was upon any of the bills?
Fogg. I really think it was connected with 2 of them.
Q. Was there any application made to you on the 28th by the prisoner?
Fogg. I think there was that same day.
Q. Be particular as to that.
Fogg. He came and offered me the policy of insurance, and the things belonging to the ship, for the consideration of more money than what we did agree to at last.
Q. Whether Mr. Willson did not apply to you, and tell you, that the persons that were liable to pay these bills could not pay them, and the efore made some farther application to you?
Fogg. He offered me the policy of assurance, and wanted more money.
Q. Whether he did not tell you he was afraid the bills would not be duly honoured?
Fogg. I believe he might, he made me some proposal.
Q. What was that proposal?
Fogg. It was to have about 300 l. in cash, and to have those bills taken out of my hands.
Q. We are now upon the 28th of November I have nothing to say on the 29th now; what proposal from Mr. Willson on the 28th?
Fogg. We agreed. our first meeting was on the 27th at night, or the 28th at the Baptist head tavern, Milk-street.
Q. Was he and you along at the first meeting?
Fogg. At the first meeting I think there were some people along with him.
Q. What was the first proposal to you the first time you met?
Fogg. I can't recollect the first proposal.
Q. Did he mention any thing to you of a ship, the policy of Insurance?
Fogg. I believe he did, the policy of Insurance, a bill of sale, and charter party.
Q Who was present at the first proposal?
Fogg. To the best of my knowledge there were 3 or 4, but not when we talk'd about business, for I look upon it that they were in another box.
Q. Was Mr. Lawson there?
Fogg. There was a gentleman, that some gentlemen call'd Mr. Lawson.
Q. What was the sum mentioned?
Fogg. I cannot say the sum.
Q. Was it for a thousand pounds?
Fogg. I don't think it was more than that.
Q. Was it more than 600 l.
Fogg. I know it was more by several hundreds than what I agreed for.
Q. What was the security?
Fogg. It was upon the assignment of the policy.
Q. Had you any conversation with Mr. Higgs before the 28th.
Fogg. I think I had.
Q. Was he the principle party?
Fogg. He was.
Q. Suppose this matter had been transacted on that night, should you, or should you not, have been satisfied with the policy?
Fogg. I should have been satisfied with it, but we had not agreed upon this bond, till we went to Mr. Hewit's office; Mr. Higgs and I met again the next day.
Q. Did you ever see Mr. Lawson besides that time you mention?
Fogg. No, not as I know of.
Q. Can you tell the value of this ship?
Fogg. Indeed I cannot.
Q. What was she insured for?
Fogg. She was insured for 13 hundred pounds.
Q. Did you see Mr. Willson on the 28th?
Fogg. I dare say I did.
Fogg. I do not recollect where I saw him in the morning, it was before we went to Mr. Hewit's office, we were at a coffee house in Swithin's alley.
Q. Suppose the matter had been transacted the next morning, should you have had any difficulty about it?
Fogg. I don't know that I should.
Q You say a person that met on this occasion was name Lawson, and you don't know Mr. Lawson.
Q. Did you look upon him to be concerned in that ship?
Fogg. I did, but I am a very little judge in the case.
Q. Did you know that Mr. Lawson made an assignment to Mr. Willson of this ship?
Fogg. I did.
Q. What became of that assignment?
Fogg. That was an assignment by Willson to me.
Q. At that time did you rely upon a bond given to you by a stranger?
Fogg. I did not much rely upon it.
Q. Whether before you went to Mr. Hewit's you in your mind formed any security, by a stranger giving a bond to you?
Fogg. Not at all.
Q. What first induc'd you to take this bond?
Fogg. It was by Hewit's advice; he said, he thought the assignment was not sufficient without the rest, and at the same time he advised me to take a joint bond of the men, by way of collateral security; this was on the 29th.
Q. Do you remember any thing mentioned by Mr. Hewit, that there was a receipt in the body of it?
Fogg. He told me he believed it was not safe without it; he said, without the receipt on the outside it was not good.
Q. Do you know any thing of Mr. Lawson's having been absent upon the 28th?
Q. Did you enquire what Mr. Lawson was?
Fogg. No, I did not; I gave myself little trouble, but kept the securities I had in my hand.
Q. Had you any reason to think Mr. Willson came to you upon any unfair principle?
Q. Upon whom did you pin your faith?
Fogg. Mr. Hewit advised me, and told me it would be much best to have the two; then I would not do it without.
Q. Suppose this fact had happened, that no bond had been entered into at all, should you, or should you not, have thought this was a good security for 600 l.
Fogg. I might have thought it good.
Q. Should you at that time, if the bond had never been mentioned?
Fogg. I should.
Q. He is indicted for a forgery with intent to defraud; do you think, considering the nature of the security put into your hands, he did it with intent to defraud you?
Fogg. I would be as tender as possible; I have had various opinions upon that.
Counsel. Then there I'll leave it.
Counsel for Crown. Then on the 27th of November at the Babtist head, it was agreed upon to advance a larger sum?
Q. Did you intend to transact this on your own judgement, or to take the assistance of Mr. Hewit?
Fogg. I should not have transacted it on my own opinion.
Q. If Willson had not produced the bond, should you have advanced 104 l. 19 s.
Q. Whether you apprehended Mr. Willson intended to deceive you in the nature of your security?
Fogg. Then I thought it to be good.
Fogg. No, Sir.
Counsel for Prisoner. Why did you go to Mr. Hewit?
Fogg. He was my acquaintance.
Q. Did you not recommend it at Hamlin's coffee house to go to some notary, but mentioned none in particular?
Fogg. I think I mentioned Mr. Hewit.
Q. Look at this name (meaning the name of the witness) do you think it to have been done with any disguise?
Fogg. This is the name of Betham.
Q. What became of the ship?
Fogg. The ship was taken by the French, and ransomed.
Note, The Remainder of these Proceedings will be published in a few Days.
In the Thirty-third Year of His MAJESTY'S Reign. NUMBER VI. PART II. for the YEAR 1760. Being the Fifth SESSIONS in the MAYORALTY of The Right Honble Sir Thomas CHITTY , Knt. LORD-MAYOR of the CITY of LONDON.
Printed, and sold by G. KEARSLY (Successor to the late Mr. Robinson) at the Golden-Lion, in Ludgate-Street, 1760.
King's Commissions of the Peace, and Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery for Newgate, holden for the City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.
THOMAS HIGGS . I was acquainted with the prisoner Willson; he was indebted to me; I had 3 bills that I had discounted, they amounted to 453 l. 1 s. 2 of them were on Benjaman Tittley, drawn by John Tittley , junior, payable to him, I believe Willson had indorsed them all 3; they were drawn upon Lawson; I kept them in my possession till very near due, I believe one of them was due, and Willson applied to me with a policy and charter party of the snow Venus. He said, you have got some bills in your possession, and if you can muster up 800 or a thousand pounds, I'll take them bills out of your hands; he did mention Tittley's being bad at that time, I believe, he left it with me to show to my friend; I was very intimate with Mr. Samuel Touchet , and I apply'd to him, he was not in the way; he look'd at the under-writers, he did not know many of them; and afterwards I apply'd to some more friends; then I had heard more of Mr. Willson than before; I thought it wou'd be a little troublesome, so I thought to put it out of my hands, and Mr. Fogg being an acquaintance I told him the case, that I had such bills in my hands, which I was afraid would be attended with some trouble, so I made free with him, as he had more time upon his hands than I had, and put them into his hands to get it done as cheap as he could, not to give him so much as he wanted, 800 or 1000 l. and take the bills out of my hands; we said, we thought 4 or 500 was enough, and at last we agreed for 600 l.
Q. When was that agreement?
Higgs. I believe the thing was brought to me 2 or 3 days before christmas.
Q. Who was present?
Higgs. Mr. Fogg, and I believe Mr. Betham were; the security proposed to us were those things; we apply'd to Mr. Hewit about it, and he looking over the papers, he had made some of the writings to that ship, and he put it in our heads to have a bond betwixt Lawson and him, besides the policy, with all the writings belonging to the ship; I had made over the bills to Mr. Fogg, and had Mr. Fogg's memorandum for them; I gave him 2 draughts, 1 for 76 l. the other made it amount to 140 l. 19 s. then I deliverd up the 3 bills; Mr. Willson, Mr. Fogg and I were in Mr. Hewit's office on the 29th of November, 1758, at the time Mr. Hewit was filling of it up.
Q. What time was that?
Higgs. It was I believe about 9 or 10 o'clock.
Q. What was done with that bond?
Higgs. Mr. Willson took it out of Mr. Hewit's office, and said he would get it sign'd by Lawson; he brought it back in about 3 quarters of an hour, sign'd by Lawson, and witnessed by Betham's; when he brought it back he said, he had got it done, and there was 104 l. 19 s. paid in my presence.
Q. Did you part with your money upon that security?
Higgs. I did.
Q. Did you first apply to Mr. Willson?
H iggs. No, Sir, Mr. Willson first apply'd to me, I gave him an account, the 2 notes upon Tittley were doubtful notes, one was due before the other; then we heard Tittley was stopp'd.
Q. Did not Mr. Willson tell you 2 notes of the 3 were doubtful?
Higgs. I believe he might say the 2 on Tittley were.
Q. Whose was the other note?
Q. Was Lawson's name on either of Tittley's notes?
Higgs. I really cannot recollect that it was?
Q. Did he come and take them up for himself, or for Lawson?
Higgs. For himself; I never saw Lawson, nor spoke to him,
Q. Were either of them indorsed by Lawson?
Higgs. I cannot say that any of them were?
Q. Should not you have look'd upon this ship as a sufficient security for your money?
Higgs. He said, go and ask any body about it; I went to a neighbour, and he told me he would not give 50 l. for it; after that I went to Mr. Touchit; the under-writers said they thought it was good.
Q. How long had you the papers in your custody to make inquiry about them?
Higgs. I believe about 3 days.
Q. Who was the first person that mentioned the bond?
Higgs. Mr. Hewit was; Mr. Fogg was recommended to Mr. Hewit by one Mr. Steward, in Paternoster-row; Mr. Willson went with us to Mr. Hewit's house.
Q. Was not Betham with you before that?
Higgs. He was with us once or twice before.
Q. What was he?
Higgs. I am told he was Mr. Lawson's clerk; I met Betham and Willson at the warehouse in Lad-lane.
Q. Whether it was not Mr. Willson's own proposal, that 42 l. to make good the assurance of the policy?
Higgs. I believe Mr. Hewit mentioned it, to have it kept in Mr. Fogg's hands.
Q. Whether if Mr. Hewit had not started that of the bond, you should not have thought the assignment a sufficient security?
Higgs. As Mr. Tittley's notes were deemed dubious, we were willing to make it as safe as we could.
Q. If Mr. Lawson had been there, whether you would have taken his bond as any security at all?
Higgs. I believe I should, because he was then deemed a good man; I had inquired after him, and found he lived in good reputation; I believe we should have taken his bond, but I should have made a little more inquiry.
Q. How long had you known Mr. Willson before this?
Higgs. I had known him about 6 or 9 months before.
Q. Whether you think Mr. Willson had any intention to defraud you when he brought you his assignment first?
Higgs. I really can't take upon me to say.
Q. Now upon your oath, whether, when he brought you his assignment you had any notion he had an intention to defraud you, or whether you do now think he had such intention?
Higgs. Now I do, but I did not then.
Q. I ask you, whether you think he had any intention to defraud you before the bond was started?
Higgs. No, I do not think he intended to defraud me then.
Q. How long have you known the prisoner?
Hewit. I have known him 5 or 6 years,
Q. Do you know Lawson?
Hewit. I have known him several years, I have known them both in good credit.
Q. Look upon this bond, whose writing is the body of it (he takes it in his hand)
Hewit. I fill'd it up.
Hewit. On the 29th of November 1758, in the morning.
Hewit. In my own office.
Q. Who was present?
Hewit. Mr. Willson the prisoner, Mr. Higgs, and Mr. Fogg.
Q. By whose order did you fill it up?
Hewit. I mentioned it as a necessary security, and that the money could not be lent without that as a collateral security.
Q. Was Lawson there?
Hewit. No, he was not.
Q. How lately had you seen Lawson before the 28th of November.
Hewit. I believe I saw him about a fortnight before.
Q. Did you take him to be a man of good credit at the time of your filling up this bond?
Hewit. I did.
Q. Was Lawson join'd with Willson to make the bond go down the better?
Hewit. Willson took it away; he said, he would take it to Mr. Lawson and get it sign'd by him.
Q. Did any body offer to go with Willson, or were there any talk about who was to be the subscribing witness.
Hewit. No; he went along, and returned in about 3 quarters of an hour or less, and brought it back with him.
Q. Did he bring it back in the condition in which it now appears?
Hewit. Yes, he did; it appear'd to have been executed by Lawson and Willson, attested by Betham.
Q. Do you know Lawson's hand writing?
Hewit. I do not know it so well as to sware to it, I took it to be his hand writing at that time, but I cannot say whose hand writing it is.
Q. Do you know when Lawson went out of Town?
Q. Had you heard any thing of Mr. Lawson within a day or a before this bond was proposed?
Hewit. No, I had not.
Q. Have you seen any notes of his?
Hewit. I have drawn charter parties for him.
Q. Does he write such a hand as this?
Hewit. I can't swear particular.
Q. Do you know any thing of this Betham?
Hewit. He was Mr. Lawson's clerk; I have seen him several times at his house.
Q. Suppose you had carried a bill to Mr. Lawson's for acceptance, if Mr. Betham had accepted it, should you have had any objection to that?
Q. Have not you understood that Mr. Betham had that general power of signing for Lawson's name?
Hewit. I know nothing of that; but I never heard that it was a custom in the city of London, for a merchant's clerk to sign a bond for his master, no, never.
Q. How long had you been clerk to him before he was a bankrupt?
Betham. About 15 months.
Q. When was the commission taken out against him?
Betham. It was taken out about the 11th or 12th of December, 1758.
Q. Do you know Mr. Willson?
Betham. I do very well.
Q. How long have you been acquainted with him?
Betham. About 3 quarters of a year before Mr. Lawson was a bankrupt.
Q. Look at this Bond; do you remember at any time any transaction of setting a name to it, and how it happen'd?
Betham. Mr. Lawson having frequent occasion to raise money upon bills, he had a greater demand than he could raise himself, he apply'd to the prisoner to get him a great many bills discounted, which he did to a considerable value; the holders of bills and drawers both becoming insolvent, they apply'd to Mr. Willson to make good those bills, as being an indorser on them; Mr. Lawson told him his affairs were become bad, and he could not possibly raise money to take up those bills, but he would make him assignments, that he should not be hurt, if he would raise him money upon bills; accordingly he made him an assignment, which I think was executed on the 20th of November 1758, of several debts, amongst which was a policy of assignment and charter party of a ship which Mr. Lawson had at sea; this Mr. Willson proposed to sign over to Mr. Fogg and Mr. Higgs, for what they had against him in bills; I was by at the time, it was at a coffee-house in Milk-street on the 27th of November; I don't know whether they came to a revolution or not; the day after they came to an agreement to raise 200 l. to make up the 600 l. but before it was executed, they insisted upon having a joint bond from Willson and Lawson to strengthen the security.
Q. How do you know what was done, was you there at that time?
Betham. Mr. Willson told me this, I was not present; this was the 29th of November; he told me he had agreed to give them a joint bond; he brought it in the forenoon to me fill'd up to Mr. Lawson's Compting-house (I think) and said, he must have it executed by Mr. Lawson and himself, or else he could not pacify those people, they would not take the security, that was the policy of insurance and charter party, without the bond: he proposed to me, for me to sign the name Lawson upon it; I objected to it, and said, I fear'd it might be attended with bad consequences to myself; and not being acquainted with the natureJohn Lawson to it; I did it in the presence of the prisoner, at his desire and request, but to the best of my knowledge I did not so much as read the bond.
Q. Was there a seal on it?
Betham. I cannot tell whether there was or not, I put my own name to it as a witness, but that was at Willson's request.
Q. to Hewit. Did you put the seals to it?
Hewit. I did before I delivered it.
Betham. Mr. Willson took it from me, and I never saw it afterwards, till at Guild-hall in the hands of the prosecutor; Mr. Willson sign'd his name in my presence, after I had sign'd the name Lawson.
Betham. I believe he was at Harwich then, he was gone out of London.
Q. Was it executed on the day it bears date?
Betham. To the best of my knowledge it was.
Q. When did Lawson go out of Town?
Betham. It was either the 27th or 28th of November that I went either to the Bull or Boar inn White Chapel, when he went out of Town, I carried his trunk there.
Q. Where was he going?
Betham. He told me he intended to go to Holland; he spoke for a post-chaise to be ready for him at such an hour, he went in secrecy in the dusk of the evening.
Q. When did he return?
Betham. I was in the country when he return'd.
Q. Do you know that he did go to Holland?
Betham. After he was there I receiv'd letters from him.
Q. How soon after this bond was executed did he return?
Betham. He did not return for many months after.
Q. How long was it from the time of Mr. Willson's bringing the bond to you and his taking it away on the 29th?
Betham, It was not 5 minutes, I believe.
Q. About what hour of the day?
Betham. It might be about 9 o'clock in the forenoon.
Q. Did Mr. Willson do any business with Mr. Lawson?
Betham. No; but sometimes discounted him some bills, no other business.
Q. Was you with Mr. Willson when Mr. Lawson took his leave of him?
Betham. I was; his affairs were so bad he was going abroad.
Q. Did he not leave Mr. Willson a power to transact business for him, and leave orders with you to sign his name to things that Mr. Willson should think necessary?
Betham. No; after this assignment was made to Mr. Willson it was agreed upon, that I, as clerk to Mr. Lawson, was to have a power of attorney to transact business between Mr. Lawson and him.
Q. Did Lawson say, whatever he signs I'll stand to?
Q. Have not you signed various things for Mr. Lawson?
Betham. I have while he was in being, several times, that is, as acceptor for him on bills; accepted for him, but then put my own name.
Q. Have not you drawn bills for him?
Betham. I don't know that this is a fair question; I have done nothing but with his consent, I have accepted bills, and wrote his name on them for him, and then I have wrote my own name afterwards, for Mr. Lawson.
Q. Have not you took a deal of pains to learn to write his name?
Betham. Not his name in particular.
Q. Have not you taken many hours and days in order to write his name that you might forge it for him?
Betham. No, Sir.
Q. Have you not wrote his name very often on waste paper?
Betham. In his presence perhaps I might.
Q. Have you not, by Mr. Lawson's, order indeavour'd to write his name as near as you could to his writing, that it might be taken for his own?
Q. At Mr. Willson's house did you never do it, and waste sheets after sheets?
Betham. I might, and it may be other things, but not to make an ill use of it.
Betham. I know several maids he had, but not by name.
Q. Where did he live?
Betham. He lived in St. Thomas Apostles in lodgings; there he had but one room, I have done it when he has been along with me, for no use nor no intent.
Q. How came you to sign this bond as a witness, after you had objected to the writing the other name.
Betham. Because Willson told me he was not going to make any ill use of them, and I should come into no trouble about it, I imagin'd he would not make an ill use of it.
Q. If Mr. Lawson had returned, or could have returned to this kingdom again, whether he should not have thought himself bound to stand by that writing of yours?
Betham. I cannot tell what another man's sentiments may be in such a case, I do not know whether he would have done it or not.
Q. Was not this assignment for Mr. Willson to take up Mr. Lawson's bills?
Betham. Yes; I look'd upon it to be to his benefit; if I had look'd upon it to be prejudicial to him, I would not have done it upon no consideration; that was one thing encourag'd me to do what I did.
Counsel for crown. Did you ever execute a deed for your master before?
Betham. No, I never did.
Q. Had you any authority to do this with his name from him?
Betham. No, I had not; because he was not in England as I know of.
Q. Was the 104 l. 19 s. for Lawson's use?
Betham. I know nothing of that.
Counsel for prisoner. Whether you do not know another debt was discharg'd by Mr. Willson, a hundred pound bill for Lawson?
Betham. I do not remember where the money came from; there was a bill discharg'd.
John Hines . I am post-master at Harwick; Mr. Lawson was at Harwick on Tuesday the 23th of November 1758, he came there on the evening between 7 and 8 o'clock, he staid there; he staid at my house till the 30th, and then went on board.
Q. How do you recollect it?
Hines. We book all that go on board to go out of the kingdom; he never was out of my house in that time.
Q. How do you know that it was the Mr. Lawson mentioned on the trial?
Hines. He begg'd to go up stairs, and seem'd to be terribly frighted; I said, what is the matter; he said his circumstances were so bad, he was forced to go over the water: I told him 3 packets had fail'd that morning, and another would go out on Thursday; he begg'd I would get him a pass; I got him one, being oblig'd to have a pass to go in a packet boat; then I got his name; he said it was John Lawson , and that he came from London.
Q. Did he say what business he was in?
Hines. No, he did not.
Q. Have you seen him since?
Hines. I have, and am sure it is the same man. When he stopp'd at my door, and came out of the chaise, that gentleman was with him ( pointing to Mr. Staples) and I challeng'd him as soon as he came out of the chaise.
Q. Is he a bankrupt?
Staples. He is; I am one of the assignees.
Q. Is the bond satisfied?
Staples. I did.
Counsel. Then Mr. Fogg is no sufferer by it.
Staples. He is not.
Q. Has there not been some dispute concerning your being an assignee in the court of chancery?
Staples. Yes, there has.
Q. Whether there has not been a report made by the commissioners in the court of chancery, whether they have not reported you were indebted to Lawson, instead of Lawson being indebted to you?
About 4 years ago, Lawson had a great number of bills, and desired I would discount them for him; from the latter end of the year 1757, to November 1758, I discounted to the value of 8000 l. and upwards; I found drawers and indorsors were failed or failing: I apply'd to Mr. Lawson, and told him the situation things were in, and that it would be cruel to let those bills come upon me, as I had done all in my power to serve him; he said, he would make me a sufficient security, and sent Mr. Jackson an attorney to make an assignment to me of a ship call'd the Venus, and several other effects and debts, which were executed on the 20th of November; then I went to Mr. Higgs, and told him in whose hands there were 626 l. 11 s. and told him those bills were become bad, for most of them were broke or breaking; I told him, I had taken care to get a sufficiency from Mr. Lawson, and I would assign over to him this policy of insurance, and the ship's book, and bill of sale belonging to it, on condition he would advance me a farther sum of money; I told him the policy was wrote for 1350 l. and that in case the ship came home it would be of greater value, it would make 1600 l. I left that security with him, and said I must have the money made up 1000 l. I left them in his hands for a day or two; and if upon inquiry he found the secur ity was good, he would do according to my desire; I call'd upon him again, and ask'd him if he had made inquiry; he said, he had, and he had found my security good for 1000 l. but it was not quite convenient for him to advance so much money, but he would recommend me to a friend of his, he appointed me to meet him on the friday following at Mr. Fogg's warehouse, that was the 27th of November, I went there and saw Mr. Fogg; after we had been there a little while, Mr. Higgs sent for this gentleman, who had proposed to advance 1000 l. he show'd him this security, and Mr. Higgs had a policy broker along with him: he told me it was an undeniable security for 1000 l. as it was a very common thing to assign over policies for insurances; he said, he was very well satisfied, but that he had parted with a considerable sum of money a few days before, and it was not convenient for him to do it; so Mr. Higgs and I came away together; and as we walk'd together, Mr. Higgs said, as I had acted so honestly by him, in coming to him before the bills were due, he would serve me as far as in his power; he said, there was one bill among them, which he look'd upon to be a good bill, but there were 2 upon Tittley. and one upon Lawson, which he look'd upon to be bad, and those I must take up. I told him I was ready to take them all up, those amounted to 453 l. 1 s. this money he said he would make up 600 l. I told him that would be doing but very little, for the property he had sign'd over to him, and that money would not be sufficient to secure every body; he said he could go no farther, but perhaps in some future time he might advance some more money; he never mentioned a word to me to put 2 men on the policy in the room of 2 that fail'd; I said, if the ship comes home it will be several hundreds more; he said, I might do as I would about putting more upon it, as we agreed upon this; he said, Mr. Lawson might meet him; he says he never saw Lawson in his life, but that will be prov'd, he desired Lawson would meet him at the Baptist-head coffee house that evening: I sent for Mr. Lawson, and I, Mr. Lawson, Mr. Jackson, and Betham went all there on Monday the 27th in the afternoon: Mr. Higgs and Mr. Fogg talk'd to Mr. Lawson, and ask'd him about the security; he said, it was to inable me to take up bills that I had from him; Mr. Lawson, even then, had given directions for an assignment to be made to Mr. Higgs, with a blank left in it to be fill'd in; Mr. Higgs was very well satisfied with this; Mr. Fogg says my treaty was with him; my treaty was with Mr. Higgs; he appointed me to meet him at Hamlin's coffee-house, and said he should be ready; Mr. Higgs said, he should chuse to have this assignment made to Mr. Fogg; I told him, it would be very odd to make it to a person that I never had any concern with; then I said he should be engaged along with Mr. Fogg in a deseasance given to me, for I should not trust so considerable a sum in the hand of Mr. Fogg; for there would be at least 700 l coming to me from this assignment; accordingly Mr. Higgs and Mr. Fogg mentioned to go to some proper person to assign over this ship's policy and insurance to Mr. Fogg; I ask'd, if they approved of Mr. Hewit; they said yes, very well; Mr. Fogg went along with me there; I laid down all the papers, and gave directions to prepare an assignment to sign
A day or two after this I went to Mr. Higgs in Cheapside, with whom I discounted a Bill of Lawson's for upwards of one hundred pounds; to another man I discounted another of his bills for 125 l. the drawers and acceptors had so far failed, there was no probability of being paid; I told the creditors, I had made an assignment over to Mr. Higgs for 1300 l. to secure no more than 600; and I must leave other people unsecur'd, if I left so much in his hands; I told them, I would assign over to Mr. Higgs, for them to be paid after he was paid: Mr. Higgs told them it was a good security for 1000 l. and that they might very safely take 225 l. for at last it would be worth 1000 l. and recommended them to do so.
When I met Mr. Hodson and Mr. Maccauley, I ask'd them, if they had been with Mr. Higgs; they said, he told them the security in his hands was an undeniable security for 1000 l. I did not chuse to encumber-that security any farther, if I could help it. I went and told them I had two bonds, on which were due 303 l. and I would assign over those bonds to them: they said, they would do whatever I pleased, either take an assignment under Mr. Higgs for 125 l. more, or as I thought proper; and in a very little time after they receiv'd the money and paid themselves. I believe here will be another mark of my honestly, I could have receiv'd the money on those bonds in a very little time, and have put it in my own pocket, had I been so minded.
I contracted all this affair with as much uprightness as possible. In a little time after this, some other affairs of Mr. Lawson's came into my hands; I apply'd to Mr. Smith and attorney to get me some more money into my hands; Mr. Smith sent for Mr. Higgs, and ask'd for his security; he told him he might, that it was a very good security for more than 1000 l. this was 3 or 4 months after it was assign'd over to Mr. Higgs.
About 3 months after, a commission of bankruptcy was taken out against Lawson; Mr. Staples and Mr. Dingley were made assignees; they petition'd for me to deliver up all in my hands belonging to him, my debt was very near 2000 l. I prov'd it to be 1800 and odd; they petition'd to have all his effects out of my hands, but their petition was dismiss'd; after that they filed a bill against me; I put in a full answer to that; they never proceeded farther against me; they never mended nor paid cost. Some time after this, they brought another petition against me, praying I might deliver up all my effects upon the bankruptcy; my Lord Keeper directed I should deliver up nothing but what was assign'd; I had nothing to deliver. Some little time after this, upon looking over the state of Lawson's books, I found the assignees had proved much larger debts than were due to them. Mr. Dingley had proved a debt of 90 l. 15 s. and his debt was only 50 l. 15 s. Mr. Staples swore a debt of 39 l. 15 s. and he at the same time was debtor 58 l. and upwards. This I acquainted the rest of the creditors with; they readily join'd in a petition to have me remov'd. My Lord Keeper, upon hearing this petition, directed it back to the commissioners, to examine and report the matter, as it should appear to them.
Upon which, they had several meetings to settle what was really due to Dingley and Staples. Those assignees apprehending I was at the bottom of this discovery, they strove to harrass and perplex me; they then immediately apply'd to Mr.
They very judiciously obtain'd those securities, my property, by paying 600 l. they possess themselves of 1360 l. they have two ends to serve in this.
First, by getting my property out of my hands, and then to answer their malicious, envious purposes, to commence a criminal prosecution against me.
I think to defraud Mr. Fogg is impossible, he had no property in it; and to defraud Mr. Higgs, that cannot be, for he had more than a double security, that could not fail, it was good at that time, and good ever since, good this moment, it wou'd have been receiv'd many months ago, if the assignees had not hindred the payment of it.
And Lawson is past a possibility of being defrauded, for that was to pay Lawson's bills.
To put it upon the worst footing possible, suppose there had been no security at all, and those bills came back to Lawson to pay, because he was paying no more than a debt he really owed; he was paying for taking up his own bills; for the very debt in Mr. Higg's hands was his own debt, I did not get one six-penny piece, or farthing by it; I am as innocent of any defraud as any man can be; I could have raised money upon them, had it been my inclination. I have spent out of my own pocket more than 300 l. occasioned by the litigious suits that the assignees have been setting up against me, in order that the owners of the bills may not be sufferers. I have taken the utmost pains and assiduity to see justice done; and am so far from being benefited, that I am extremely injur'd; it has taken up all my time for almost 12 months together, to look after those litigious suits.
I have obtain'd my Lord Keeper's opinion, his Lordship looks upon it I have acted right. Notwithstanding the assignees have gone and got my money out of my hands, on purpose to get a prosecution against me, I hope, upon the whole, from the nature of this case, and the circumstances attending it, that the security I gave Mr. Fogg and Mr. Higgs was more than a double security, that the whole of this transaction has been fair and upright on my part; I have not converted one single shilling to my own use; I think I have put it out of my power to commit a fraud; and if so, I hope nothing of that sort can be imputed to me; I solemnly declare, I had no such intention, I am as innocent of such a design as any man can; and therefore most humbly submit my case to the great justice of your Lordships, and this honourable Court.
For the prisoner.
Samuel Jackson . I remember, on the 19th of November, 1758, I was sent for to come to the Feathers tavern, Cheapside, there was Mr. Lawson and Mr. Betham; Mr. Lawson himself propos'd to me, and desir'd me to draw up an assignment; he said, Mr. Willson had indorsed and discounted a great many bills for him, and he wanted first of all to secure him. I was apprehensive, whether there was not some bankruptcy in view or intended; but upon the strictest examination I could make, I could not find it; it did not appear to me that there was any danger; he said, the whole amounted to about 2000 l. and I was to make an assignment of such and such things to him, the ship Venus, and some part of other ships, some bonds, and some other deeds, to the amount of 3000 l. he said, it was to indemnify him against those bills which he had indorsed, and the remainder of it was to go to Lawson.
Q. Can you produce this assignment?
Jackson. No, I cannot, they would have the assignment executed that night, but I had not a schedule of the particular effects to be assign'd, it was appointed to be executed on the friday morning. I drew part of the draught, and got prepar'd the stamps for it; the next day Mr. Willson's maid desir'd I would call upon him in the afternoon; I went, it was approv'd and executed on the friday morning about 9 o'clock; to me nothing appear'd fairer.
Q. Was any deseasance executed to return the overplus money?
Jackson. yes, that was sign'd afterwards.
Q. Where was this?
Jackson. This was at the Baptist-head coffee-house.
Q. Who were present?
Jackson. There were Lawson, Willson and Betham, and a gentleman that has been examined here, but I don't know whether his name is Higgs or Fogg. I think he came and sat down where
Q. Was any thing mentioned about a bond then?
Jackson. No; there was not on one side nor the other.
Q. Do you apprehend, if a bond had been proposed, Lawson would have objected to it?
Jackson. No, Sir, I believe not at all, I had instructions from him to prepare any thing that was proper?
Q. From the nature of the whole transaction, did you apprehend, that this money to have been raised, was to discharge Lawson's debts, or not?
Jackson. Yes, it was Lawson told me so himself.
Q. At the time Lawson said he would authorise you to do any thing towards making him secure, was Betham there?
Jackson. He was.
Thomas Hodson . I had one of those bills drawn by one of the Tittley's; indorsed by Willson and Lawson; the drawer breaking it was suspicious, the whole clan of them broke soon after Tittley of London broke; Mr. Lawson told me, I might be very easy about the bill, for he had sufficient to pay every body; he would take it up before it was due; but contrary to that he disappeared; Mr. Willson call'd upon me after that, and said I might be very easy about that bill, for Mr. Lawson had given him authority to pay all the bills; he proposed to me to take an assignment under Mr. Higgs about the ship Venus; I went to Mr. Higgs; he told me, he believed it was still sufficient to pay 4 or 500 l. more, but he must be paid first; said I, will you undertake to pay me after you are paid; he said, I must return the money; I am as willing to pay it to you as to any body; Mr. Willson said, he had other bills, and no man should be a loser; he proposed the signing bonds to me, and another gentleman, Mr. Maccauley, for another bill of Lawson's, drawn by Lawson's clerk in his own comping-house, in the name of Robson; he proposed upon the whole a security upon a captain of a Jamaica ship, which we took, and returned the surplus of the money to him.
Hodson. Mr. Betham acknowledg'd it in my hearing.
Q. How long had you known Mr. Willson?
Hudson. I never knew him before that transaction; I can't say I ever heard of him before.
Q. Did not you say you was very sorry that you should apply in behalf of so bad a man; upon what did you found your opinion?
Hudson. I imagain'd there could not be so much money due to him as he made out.
Q. Whether there is not an intention to defraud, in your opinion, if, in 2 securities, one is a good one, and the other a false one?
Hudson. If one is a good one, I think not.
Q. How long did you live with him?
Q. Do you remember Lawson's coming there?
M. Wheeler. I do, he did pretty often, to have him raise money; and I have seen Mr. Willson pay large sums of money to Lawson. I have heard Mr. Lawson say, Mr. Willson was the best friend he ever had in his life.
Q. Have you ever heard Mr. Lawson say any thing about Mr. Betham?
M. Wheeler. I have heard Mr. Lawson say, if any thing is wanted, go down to Mr. Betham his clerk at the compting-house, and he could do any thing the same as himself; I have heard him say, any thing that Mr. Betham did he would stand to.
Q. What in signing of bills?
M. Wheeler. No.
Q. Did you ever see Betham write Lawson's name?
M. Wheeler. I have seen the name Lawson wrote several times over lying about like waste-paper, but I did not know the meaning of it, I do not know what he did it for.
John Brine . I know Mr. Lawson; Mr. Betham was his clerk before I knew him; I ask'd Betham whether he had any authority to sign Mr. Lawson's name in his absence; he told me yes; and that Mr. Lawson must have broke 9 months ago, if it had not been for Mr. Willson; he said likewise, he thought Mr. Willson had no design of any defraud.
Q. What character did he bare?
Adams. I thought him a very honest man; he has assisted me with a great many thousands of
Q. Would you trust him now the same?
Adams. I have no reason to think to the contrary of that of an honest man.
Joseph Lessley . I have known Mr. Willson 11 or 12 years; I have sold him goods, once to the amount of 300 l. I never lost a shilling by him, he paid me duly and honestly; I do not think he would be guilty of defrauding any person.
Q. Do you mean, whatever evidence there is of the matter it is not to be believed?
Lessley. I do not believe he would be guilty with intention to defraud any body.
Q. to Jackson. What is the prisoner's character?
Jackson. I have seen nothing of him but what has been very fair, and very honest.
Q. How long have you known him?
Jackson. I have known him about 4 or 5 years.
She likewise stood charg'd on the coroner's inquest for the said murder.*
Susannah Dorwood . I am a midwife; I was sent for to Mrs. Dudman's; she told me she was afraid that Nanny was brought to bed, and the child was killed; I took a candle and look'd down the vault, and saw a child's feet; I went directly up stairs to the prisoner, and said Nanny, why could you put the child down the vault; she said she did not; this was between 9 and 10 o'clock in the morning; I told her she did, and told her I saw a plain proof that she had been delivered, and had put the child down the vault; then she attempted to make me believe it dropp'd from her body in the vault; I had found she had been delivered on the boards in the vault; at last she told me she did; I went to Mrs. Dudman, and desir'd she would let me take the child out of the soil; she said, she was afraid she should come into trouble; I said, the jury could not sit till it was taken out; I went and took it out; the minute I got it up at the he ad of the vault the blood appear'd: I said here is murder committed, the head is almost off; I laid it down on the boards, and it bled prodigiously.
Q. How long had it lain in the vault, as near as you can guess?
S. Dorwood. I believe it might have been born between 3 and 4 in that morning; it stuck in the soil, and the soil kept the place together, so that the blood had no vent; I went up stairs directly; I said Nanny, how could you lay violent hands on it to draw innocent blood, said I, do you consider you soul? she made no answer; I said, where is your pocket? she said it was down stairs; I put my hand under her bed, and found her pocket, but there was no knife in it; then I asked her where the knife was, with which she committed the murder; she said in the knife-box; I ask'd what knife; she said one of her mistress's case knives; I look'd in the box, but looking on the other dresser I found the knife, that I suppose to be the knife with blood upon it.
Q. Did the child appear to you to have come to the birth?
S. Dorwood. It did.
Q. In your opinion was the child born alive?
S. Dorwood. Yes.
Q. Where was this?
S. Dorwood. It was at Paddington.
Q. Did you examine the body of the prisoner?
S. Dorwood. No, I did not, because every thing was safe from her body.
Q. Was it a male or female child?
S. Dorwood. It was a female.
Jane Dudman . The prisoner was servant to a lodger of mine, she seem'd to be big with child; she had been but a fortnight in my house; when she had not been in my house above a week there was some grease upon the floor, I desir'd her to get it up; she down on her knees, and as she stoop'd, I said you are a good servant, but I fear you are spoil'd; I said are you marry'd (she appear'd very big) she said no, she never was married in her life. I was in my bed, and heard a person coming down early in the morning; I
Q. Where was she when she answer'd you?
J. Dudman. She was then in the necessaryhouse; then I went to bed, and did not go to sleep, I was afraid she would fall to pieces there; presently I heard the yard door open, she went into the kitchen, and open'd the window, I went to sleep; when my husband got up, my maid came up to me and said, Madam, I am frighted out of my wits, I am afraid Nanny has miscarry'd, she has mopp'd up the place in the necessaryhouse, and the kitchen too.
Q. Is you maid here?
J. Dudman. No, she is not; there was a person that lay in our house that night, and he said to me, there is something that should not be; my husband bid me go and see; I went, and saw a bad thing had been done: then my husband sent for a constable, and order'd me to lend for a midwife, which I did; then I went up stairs to the prisoner's mistress, and begg'd of her to go with me to the maid; she made us believe she was asleep; I shook her, and call'd to her, and ask'd her what wicked deed she had been doing, where is your child? at last she said it was down in the vault. I had seen the child before, but afterwards I saw the child's throat was cut. I said to her, how could you do this, there is an hospital ready, and if you had spoke to me but half an hour before I could have got it in. She never own'd to me that she had laid violent hands on it.
John Gibbs . I am constable; I was sent for to the house of Mrs. Dudman. She told me, she was afraid her lodger's servant had been deliver'd of a child in the little house, and that she had made away with it, the child was taken out of the soil, and I saw it with the head almost cut off. I went in, and ask'd where the girl was; I went to her and said, was the child born alive. She said yes. I said, did it cry? she said yes. I said, what could be the reason of your murdering of it? she said, she did not know what to do with it. I said, have you any cloaths for it? she said, no. Said I, you will be hang'd. She said, O Lord, I hope not. Said I, is it your child? she said yes. I said, how did you murder it? with a case knife, said she. I ask'd her where the knife was? she said, in the kitchen. I talk'd to her a good deal, and ask'd her if she was in her senses; she said she was very well for the time, and that she was able to get up and do her business. I went down stairs and ask'd for the knife, and there I was show'd it. The next morning I apply'd to justice Fielding, and ask'd what I should do with her? he said, by all means fetch her, if she is able to be removed, there is one subject lost. don't let another be lost without punishment. I went and fetch'd her, and she confess'd the same before the justice; in the coach between there and justice Fielding's she never denied the fact; but said, she always intended to put it in the necessary. It was a female child (a case knife produc'd with blood upon it)
I did not intend to do it, I took the knife with me with intent to part the burden from the child; I never heard it cry as I am here alive. When I found what I had done I put it in the vault; I was by myself in the vault.
Guilty . Death .
She receiv'd sentence immediately (this being thursday) to be executed on the saturday, and her body to be diffected and anatomis'd.
Guilty. 10 d.
192, 193. (L.) George Barker and Francis Keys , were indicted for stealing 100 weight of sugar, value 40 s. the property of George Street , privately in his warehouse ; there was no evidence of the fact, but the accomplice Joseph Williamson (see him an evidence, No. 175, 176, in first paper) whose testimony unsupported by evidences of credit, is not sufficient to convict; they were acquitted .Anthony Isles . ++
Here Williamson again was unsupported in his evidence.
Here Williamson was again the only evidence.
Here Joseph Williamson was the only evidence.
Here Williamson again was the only evidence.
John Langley . On the 1st of May, my Lady din'd in Chiswel-street, and spent the evening there; I was sent to get a coach for her; there came one without a coachman opposite York Buildings ; there came the 2 prisoners with Mr. Williamson the evidence, and ask'd me, where I was going? I said to great Marlborough-street: one said to the other d - n you, get up, you can drive well; the coachman came ballowing to us; the 3 soldiers were then turning the coach; the coachman did not come up quite to us; then one said go a little further, you may have another coach near Somerset-house, a little beyond Exeter Change was one; when I was in the coach, Biggs catch'd off my hat, and gave it to Williamson, Williamson ran away with it.
Joseph Williamson depos'd to that of the 2 prisoners and he being all together with the prosecutor, that Biggs took his hat and delivered it to him, and he ran away with it, that they sold it the next day, and divided the money betwixt them.
Both Guilty .
198, 199. (M.) Mary Willson and Mary Downs , spinsters , were indicted for stealing one pair of silver shoe-buckles, value 12 s. and one pair of silver knee-buckles, value 3 s. the property of Samuel Green , April 29 .
Samuel Green did not appear.
200, 201. (L.) Thomas Story was indicted for stealing a silver watch, value 30 s. the property of Silvester Frowhock ; and Thomas Long , for receiving the same, well knowing it to have been stolen , December 11 . ++
Story pleaded Guilty .
It appeared Long had bought the watch of the prisoner, but no proof of his knowing it to have been stolen; he was Acquitted .
202. (L.) Margaret Richards , spinster , was indicted for that she, on the 8th of May , the dwelling house of Christopher Leach did break and enter, no person being therein, and stealing 2 linnen shifts, value 5 s. one silk handkerchief, value 2 s. 2 linnen handkerchiefs, value 6 d. 2 linnen caps, value 6 d. and 2 linnen aprons, 1 s. the property of the said Christopher Leach , in his dwelling-house . +
Christopher Leach . I live in Church-row, Aldgate ; on the 8th of this instant, about 6 in the morning, my wife and I were going out, 1 to my business, and she to market. We left nobody in the house, I saw my wife pull the door to, lift up the lach, shove' the door, which was fast, it goes with a spring lach, and the windows were not opened; as we walked forward, I saw the prisoner at the end of the row looking towards us; she turn'd and walk'd softly before us; we overtock her; she held her head down as we past by her; my wife was to go through Gravel-lane, and I was coming to Black Fryers. My wife said, if she had time she would go back and see what that woman was about; I look'd back, and could not see her. I made hasle back; I found my own door open, which I had not left above 10 minutes. I said, who is in my
Mary Leach , I am wife to the prosecutor; my husband and I went out between 5 and 6 that morning; I fastened the door after us; coming down Hounsditch I said to my husband, after we were gone past the prisoner, if I had time I wou'd go back, and see what she is about; my husband went back, the goods produc'd in court.
M. Leach. These are all our property, when we went out they were all in my drawers.
Jonathan Trustram . I was going by the prosecutor's door to my work this day fortnight; he had taken the prisoner in his house, and said he had taken the things from out of her apron; he search'd her, and these keys were found in a pair of pockets before her.
I found them keys in a house in Golden-lane, which had been a smith's shop.
Guilty, 4 s. 10 d.
203. (L.) John Pennington , was indicted for forging a bill of Exchange in the name of Thomas Nocks of Bristol, merchant , for the payment of 80 l. to Jacob Jukes , and for publishing the same, well knowing it to have been falsely forged and counterfeited , January 6 . ++
Vincent Briscoe . I have held a correspondence with Mr. Nocks of Bristol for some time, and have dealings with him. I understand since, but not before that the prisoner at the bar was clerk to him (he produced a bill of exchange, dated January 21, 1760) this I took to have been drawn by Mr. Nocks; this was brought to me, and I taking it to be a good bill, accepted it; and when it became due I gave the person a draught upon my banker, and the money was paid; but upon my oath, I cannot sware that the prisoner is the person that brought it to me.
Q. Do you know any thing that will effect the prisoner as to the forging of it?
Briscoe. No, I do not.
Thomas Green. On a saturday, a month or 5 weeks ago, I lay at the George in Holborn , along with a young man, my acquaintance; when I went to bed I put my watch under the bed, and when I got up in the morning it was gone, there was another bed in the room; when I said it was gone, a person in that other bed, name Learner, said to me, if you have lost a watch, starting up in the bed, then I can tell you the man that has got it; he got up, and when we were below stairs, he said, it was the prisoner at the bar; we took him before justice Welch, but there he denied it.
Q. What is the prisoner?
Green. He is waiter ; the George is a nighthouse; I know no more than what that evidence told me; I never found it again.
William Learner . I am a journeyman baker, I came out of the country to seek for business, and had been in London but 5 days; I had been at the 3 compasses, a house of call, one Thomas Parker took me to the green Dragon in York Buildings to lie there; but we staid till half an hour after eleven and I could not have a bed there, I was forced to look farther; then he brought me to the George in Holborn, there I went to bed about 2 o'clock; the prosecutor and his friend came to bed about half an hour after, and lay in another bed in the same room; I was very uneasy, and could not sleep; after they were in bed, I heard them talk; in the morning when they got up, Mr. Green said to his friend he had lost his watch; I said then I know who has got it, for I saw the
Q. to Green. What part of the bed did you put your watch under?
Green. Under the foot of the bed, quite close to the wall.
Q. Did the prisoner ever confess any thing?
I lighted the evidence to bed, and left the light along with him; some considerable time afterwards came Mr. Green and his friend, they ask'd master for a bed; I lighted them up to bed, the other gentleman ask'd me if I could let him have a cap, I said it was not a customary thing in a night-house, I said I would go down and see; he said you need not to give yourself the trouble, I have a handkerchief, he pull'd one out; he had been at the play and it was wetted, he having had a bottle of wine or punch which broke in his pockets; said he lend me your's; I said I had lent 2 and lost them both; said he if I lose it I'll give you 15 s. for it; I lent it him and went down, wishing him a good repose; I saw no watch then, nor in the morning; there was a man came that frequently lies at our house; he said he belonged to the militia, he ask'd for a light to go to bed, and he went up stairs, and came down in about 15 minutes, and said, your beds are all full; I said there is half a bed in the garret; I lighted him up, and he made some objections there and would not stay; I am a Herefordshire man.
For the Prisoner.
John Eustace. About Christmas, as I was going to bed, I dropp'd my watch and broke the glass; I gave it to my wife to put by; about the 14th of Dec. the prisoner came to work with me, he is a journeyman carpenter ; he and my apprentice work'd at several places together, at which places there were things missing, such as handkerchiefs, shoes, lead, and other things; I at last discharg'd him, for what he had done in taking things at Capt. Hunt's at Mile-end; about a fortnight after he was gone, I ask'd my wife for the watch; we then miss'd that; I went and took up the prisoner, and charg'd him with taking it; he said, master hold your tongue and I'll tell you how I got it; he said, you know I was doing a bit of wainscotting, and I dropp'd my hammer, and stooping for that, I saw a watch hanging up the chimney as I look'd up, when stooping I took it away; I took him to Aldgate watch-house, there he own'd he took it before the constable; the next morning we went to take him before my Lord Mayor, a gentleman going by, ask'd what was the matter, and looking on the prisoner, said, he had brought him a watch to sell; he is here, and will give a farther account.
Moses Barnet . About 6 weeks ago, one night about 9 o'clock, a young man knock'd at my door, and ask'd for me; he ask'd me if I was a constable, I said yes; he said there is a young man offers a watch to sell for 27 s. to a Jew, which is worth 4 l. and he believ'd it was not honestly come by; I went with him to the 3 pigeons alehouse in Hounsditch, he shew'd me the person, which was the prisoner at the bar; I took the watch, and said to the prisoner, is this the watch you offer to sell; he said it is, what right have you to examine me; then I said I would keep the watch, and take you to the compter, except you give me a satisfactory account; he said, if I would go with him to his lodgings he'd make it appear to be his own property. He said he lodg'd with Mrs. Smith that keeps a school, one that I kne w very well; I went with him, I ask'd her if she knew that man; she said yes, he was a lodger of her's, and had been for about six months; I shew'd her the watch, and said, do you know this watch; she said yes; she thought it to be the prisoner's property; then I said take your watch again, and gave it to him, and I went away. After
Mrs. Eustace. When my husband had let his watch fall and broke the glass, he gave it me to take care of it, I put it into a drawer and cover'd it over, after which we miss'd it, the drawer was lock'd; afterwards I had seen it several times there; and one time I remember I found the lock shot up and the key out, and the drawer a little out.
I work'd in the next room to where this watch was, by all account in putting up some wainscot, either my hammer or chissel fell down, I stoop'd for it, I look'd up the chimney and saw this watch, if it was my master's watch; I jump'd up a little faster then ordinary, and took and put it in my pocket.
206. (L.) Joseph Bishop , was indicted for stealing 3 pieces of linnen cloth, containing 65 yards, value 40 s. the property of John Jefferey , in the warehouse of Edward Lambley , privately , April 16 .*
John Jefferey. I keep a public house in Newgate-street, but I am book-keeper to the Chipping-norton carrier , which inns at Mr. Ed Lambley 's, the Bear and ragged staff, Smithfield . On the 16th of April last, there was a paper parcel brought there directed for Mr. John Osboldestal , of Chipping-norton; the contents within-side I never had seen then; it came between 7 and 8 at night, Samuel Thorp deliver'd it to me, I put it by in the warehouse among other goods; it was to be sent down by Mr. Gibbs's waggon. Mr. Lambley is the owner of the ware-house, but it is for the use of Mr. Gibbs only. I knew nothing that the parcel was missing till this day fortnight, then Mr. Sam Thorp apply'd to me about it.
Q. Had not you book'd it?
Jefferey. We book nothing till we begin to weigh and load; I know the young man delivered such a parcel to me, I recollected it when he mention'd it to me again; I was inform'd it was sold at Hampstead; I went there and found the goods, and the person that took them away, which was the prisoner at the bar; he sold the parcel to Mr. Banes; Mr. Thorp swore to the goods, and that they were the same that he deliver'd at that time to me; one piece I saw at Mr. Banes's, and the other two at Old street.
Q. Had you seen him that day the parcel was deliver'd to you?
Jeffrey. He came to me at the ware-house that evening for some goods that were to have come up from Chipping-norton; I talk'd with him in the warehouse; he said he expected some fowls and eggs.
Sem. Thorp. I am servant to Messrs. Sibley and Nevison, haberdashers at Aldgate; I carried the goods mention'd in the indictment, tied up in a strong brown paper, directed by me to John Osboldestal , Chipping-norton; there were 3 pieces, 65 yards in the whole. I deliver'd the parcel to Mr. Jefferey; he said very well, and he put it into the warehouse. After this, Mr. Banes, a taylor at Hampstead, came to my masters, and said he had bought such goods of a man of Hampstead, who said he found them; he said the 2 pieces of dyed linnen were of no use to him, and he had brought them to Mr. Waltham's in Old street, and Mr. Waltham told him he had done them up for my masters but a few days before; master inform'd me of this, I went to Mr. Waltham's and saw the 2 pieces there. ( the 3 pieces were produc'd in court) I can swear to one of those pieces, the other I believe to be the same which I deliver'd, they answer both in quantity and length: there were marks pasted on at the end of each piece with a wafer, but the prisoner had taken them off; I also put a bill of parcels in the bundle, but that the prisoner pretended he never saw.
I went there to meet the waggon from Chipping-norton, my things were to have come up; I sent a note by the waggoner, then they were to have come up the week after. I staid there an hour and a half drinking in that warehouse; it began to draw towards 8 o'clock, and I was going towards the Change, I bid them a good night; coming back again cross Smithfield, I wanted to ease myself. I went and sat down under the Bear and ragged staff sign post, there I kick'd against this parcel; it was carelesly tied up with no directions upon it; I brought it up to Hampstead, and in the morning my wife look'd over the pieces; we made no scruple of shewing them to several people.
He call'd Edward and William Lindoss , who had known him from a child, Wm Hawkins a dozen or 14 years, John Jepson 16 or 17, Ann Graygoose about 5; who all gave him the character of an industrous honest person.
207. (L.) Judith Scot , spinster , was indicted for stealing 2 bed gowns, value 6 s. 2 shifts, 6 pair of shift sleeves, 2 sheets, 2 handkerchiefs, 3 black hats, one silk cloak, one silk petticoat, one pair of cotton stockings, one pair of womens shoes, one blanket, one pair of leather clogs, one pair of silver tea tongs, 3 silver tea spoons, one silver tea strainer, one flat iron, one mahogony tea board, 2 table cloths, and one linnen sheet , the property of Catherine Rowland , spinster , April 26 .*
Catherine Rowland. I live in Fleet-street , I teach young ladies to dance in the city ; the prisoner was my servant , I lost several things, and found it out last Saturday was a fortnight. (she mentions each by name)
Q. How long had she lived with you?
C. Rowland. Between 6 and 7 month; I had no mistrust, my business keep me out at doors; but two time a week I teach at home in the afternoon; I am never home before 7 at night, she did not keep my thing in order, I said I would have my thing all look over, every thing clean Saturday night, only she and mine apartment; I said I would see all my thing, she would not let me; it jump in my head, I said may be you have pawn it, I did not believe it; she said she would not hurt me, I thought she like me, and I like her fery well; I ask her for my tea spoon and insist pon it; she could show me but 2, she said they were gone; I said look farther in the kitchen; then she said she put it in pawn; then I was all alone, I was frighted; I tell her to know what she had pawn, I said I will not have you to live with me because I am a single person, I will not trust mine self with you; I mist stockin, I mist bed gown; she told me they were at Mr. Miller, he lives in Vite-chappel, and I in Fleet-street, that is great way; I went to Mr. Miller to look for the thing Monday following; I found several thing, they are in constable's hand; I do not know nothing more, this is enough I tink poor creature.
Jer. Miller. I live in Mansfield-street, Goodman's-fields, I am a pawnbroker; the prisoner at the bar was the principal person that brought these things; she sent a poor woman with some trifling things, in her name; they were brought at different times, the first in Dec. last, and the last the latter part of April; I lent her 30 s. upon the whole. Produced in court, and depos'd too.
I was arrested for 2 guineas, and wanted money to pay, so I pawn'd these things: when I told her where they were, she would not have patience till the Tuesday; I should have money then to fetch them out; she insisted to go with me on the Sunday; after that she call'd up the watchman and bid him take me away. At first she said, she would take the money at 6 d. a week, and ask'd me who should go with me to the pawnbroker; I told her none but herself.
Richard Melvin was indicted for stealing one cannon-lock, value 14 s. 2 musket-locks, and 2 pistol-locks, the property of our Sovereign Lord the King ; 2 musketlocks, the property of Thomas Jourdan , 2 other musket-locks, the property of Geo Vernon and Geo Haskins ; and one pair of pistol-locks , the property of Richard Edge ; and
Thomas Stamp . I am a Gun-lock maker; last Saturday I was at Mr. Jos. Buckmaster's, a gunsmith in the minories; there I saw 4 gun-locks in his kitchen, 2 of them I knew to be the property of Mess. Vernon and Haskins; and the other 2 to be the property of the King; (2 musket-locks, and two pistol-locks produc'd) these are they; the King's mark is on the inside the plates on the 2 pistol-locks, the others I made for Mess. Vernon and Haskins, I mark'd them.
Q. Is it the common mark you put upon all you make?
Stamp. No, this is the mark I put upon all I make for them, and I make no locks of this sort but for them: I ask'd Mr. Buckmaster how he came by those locks; he said, they were brought to his house for sale by the prisoner Hewson. Here is also a parcel of locks, which I was at the finding in the house of Melvin (producing 6 more) they are of several peoples making, some in Birmingham, some in town: here are two flat pistollocks, the property of Richard Edge ; a musketlock, the property of the King, with all the King's marks on it; here is a brass lock called a cannon lock, and 2 musket-locks, the property of Thomas Jourdan , they have the letters T. J. which they always strike on the inside of the lock. I heard Melvin confess after he was taken into custoday, that he had followed robbing the Tower of locks about 12 months, and that he carried them to the other prisoner, and he us'd to buy them.
J. Buckmaster (he takes 2 musket and 2 pistol-locks in his hand) to the best of my knowledge these are the locks brought to me for sale by Hewson.
Q. Did you ask him any questions how he came by them?
Buckmaster. No, I did not.
Q. What did he charge a piece for them?
Buckmaster. He said the musket locks were a crown each, and the pistol locks 3 s. for the pair; I said the price wou'd not do for me.
Counsel. What would you sell one of them for if I wanted one?
Buckmaster. I have some that I give but half a crown a pair for, and these are not a great deal better.
Stamp. One of these locks is worth 6 of them that you talk of, which you know very well.
Q. How long had these locks been at your house?
Buckmaster. They were at my house about 7 or eight days, or thereabouts.
Q. How often might Hewson have brought locks to you?
Buckmaster. Never before he brought these; he said he was to have 5 s. a piece, and to have nothing for his trouble in selling them but a pot of beer; he has work'd for me 20 years in the gunstocking way; I have bought many 100 of gun locks and barrels too of him; I did not mistrust him.
Q. Look at them, do you see the King's mark upon them?
Buckmaster. Now I do; but I did not know the King's mark then.
Q. How long have you known Hewson?
Buckmaster. I have known him 7 or 8 and 30 years, he has been a house-keeper 35 years.
Q. What character has he bore in the neighbourhood?
Buckmaster. He has bore a good one, or I should not have imploy'd him.
Q. Did you ever hear of any locks that are returned?
Buckmaster. When they do not like them, they do not pass, they are returned.
Q. Have you met with a great number of such locks?
Buckmaster. No; I am not in that branch; such locks are sold in the common way to the shops where they have a mind to buy them.
Q. Did these appear to you as returned locks?
Buckmaster. I took little notice of them, the price ask'd for them all were too much.
Counsel for Crown. Are they mark'd with the government's mark when they are returned?
Buckmaster. Yes, they are mark'd by the viewers, I think.
Counsel for Crown. Do you know the difference between a viewed lock and a lock not viewed?
Buckmaster. I am not so good a judge.
Buckmaster. Yes, I do not know of any marks after they are hardened.
Counsel for Crown. Did you ever hear of a lock that had the King's mark on it, that has been returned?
Buckmaster. They are viewed after they are hardened, and if they do not like them they are returned, if there is some defect in them.
Counsel for Crown. When the King's mark is upon them, is the lock perfect?
Q. What time is it that they put the government's mark upon the locks?
Hartwell. These sort of locks are sent in by the contractors in this state (holding a soft lock in his hand) with the contractor's mark on them (he takes up a hard one) this is mark'd with all his Majesty's proper marks.
Stamp. This is found at Mr. Buckmaster's house.
Q. What is done before you put the King's mark upon them?
Hartwell. They are narrowly inspected by a proper officer, to see whether they are according to the pattern agreed for; if they are approv'd of, he immediately strikes a proper mark on the inside, which we all know, and all the trade knows; if we meet with a lock in the East Indies we know who it was viewed by; there is not a boy in the trade but what knows it; he strikes his mark first, and immediately after that strikes the broad arrow on the outside; after which, they are never return'd back to the maker again; then they go to the engravers, then to the hardeners; they go through another inspection after that, and if needful they are return'd to be made good, but never sold after the King's mark is upon them (that is not new locks) these 2 musket locks, and 2 pistol-locks, are the property of his Majesty, with the proper marks upon them; here has been some are used with the pistol-locks, part of the marks have been taken out on the outside; the cannon lock is the property of his majesty, I can plainly discover where the mark on the brass plate has been filed out; this was made for firing a piece of ordnance, they could be used by nobody else, they are for firing 3 pounders on the quarter-deck of 24 gun ships.
Stamp. That cannon lock was found in the lodgings of Melvin.
Hartwell. The price for these locks is 14 s. and 6 d. each; for all sorts of cannon locks these are the lowest of all, but then they are put upon an average.
George Haskins . Here are some locks mine and my partner's property. We imploy Mr. Stamp to get us up locks, and then we mark them with out names; he marks them in the country by our order; when we came to Mr. Buckmaster's he was backwards; we ask'd him for the locks that Mr. Stamp had seen there; he gave them us; and said he had them of Hewson, I sent for Mr. Hewson, and he came; my partner and I ask'd him how he came by these 4 locks; he said, the man he had them on was gone to Birmingham, and was there by now, that was on the Monday; we told him we were great suffers, and would prosecute him, or know the bottom of it; when he found we insisted upon a satisfactory account, he desired us to give him time till the next day; we told him we could not, we did give him time till the next day, then he desired time till one o'clock, at which time we went to his house again, his servant told us he was at the Red Cross in the Minories; we went there, and there we saw Hewson and Melvin; there Hewson said he had the 2 pistol locks and 2 musket locks of Melvin, they are the property of his Majesty; we never sold any to Melvin, or any body else; we serve the government with them.
Q. Did Buckmaster say what they were brought to him for?
Haskins. He said, they were brought to him to be sold.
Q. Were the 2 prisoners together in company when Hewson said he had them of Melvin?
Haskins. Yes, they were; he said he gave 3 s. in part of payment to Melvin for the locks.
Q. Might not Buckmaster suppose Melvin was gone to Birmingham?
Haskins. I can't say what he might suppose; then we charg'd a constable with them both.
I sold them locks to Hewson for 2 s. a piece, and one shilling I had of him for the 2 pistollocks, and spent the money at the Red Cross.
Hewson. I will call some witnesses to my character.
Robert Harding , who had known him upwards of 20 years; William Watts , upwards of 30; Richard Jervise , Williams, John Watts , about 30, and Thomas Harding about 10; who all gave him a very good character.
Melvin Guilty .
Hewson Acquitted .
The trials being ended, the court proceeded to give judgement as follows;
Received sentence of Death 1.
Transportation for fourteen years 1.
Transportation for seven years 16.
Ann Preston . Richard Melvin , Margaret Richards , Catherine Dun , Thomas Taylor , Mary Thompson , Judith Scot , John Fisher , Thomas Allen , George Anderson , Esther Urwin , Roger Allen , Eleanor Crouch , Richard Thompson , Thomas Biggs , and William Field .
To be whipped 2.
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