NUMBER IV. PART I. for the YEAR 1761.
Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row,
M. DCC. LXI.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
BEFORE the Right Hon. Sir MATTHEW BLAKISTON , Knt. Lord Mayor of the City of London; the Right Hon. William, Lord Mansfield*, Lord Chief-Justice of the Court of King's-Bench; the Hon. Sir Thomas Clive , Knt. + one of the Judges of the Court of Common-Pleas; Sir William Moreton , Knt. ++ Recorder; and others of his Majesty's Justice of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.
N. B. The * + ++, direct to the Judges before whom the Prisoner was tried.
M. L. by which Jury.
Stephen Young . On the 19th of last month I was out upon business in Fenchurch-street, a porter came to me to let me know my wife had detected a woman in stealing two remnants of muslin. I went home, and found the prisoner in a back-room. My wife had got the muslin. The prisoner acknowledged the fact, saying, It was the first fact she had committed of that kind, and begged I would forgive her.
Q. Were any body in the shop besides you?
S. Young. No, she came by herself, and asked me to let her see some printed cottons. She bought a small quantity, and paid for it. Then she wanted to see some muslin for an apron. I shewed her some, and as the pieces were lying on the counter, I saw her drawing some from under the parcels as they lay, and getting it under her scarlet cardinal. I put the muslin on the other side of the counter, and told her I missed some muslin, and desired her to look down to see if any thing lay by the side of her. She had a child with her, that said, Here is a piece, and took it up. That was the two yards and half. I
I went into this shop to buy some things that I wanted. I wanted a piece of muslin for an apron, and asked to see a piece that would come very reasonable: she looked me out some. I had a little boy with me about three years old. I went to turn myself about, and paid her for what I had. She said, she had lost this muslin: God knows whether it hung to my cloaths, or how. I know nothing of it any more than your lordship.
Samuel Robinson . I am a linnen-draper on Tower-hill : on the 16th of March, about seven in the evening, the prisoner, with a woman in company, came in and desired to see some silk handkerchiefs. I shewed them three different sorts. They pitched upon one. I asked them five shillings for it. The prisoner said, it was a great deal too much. Then he desired I would shew him an India-handkerchief. I said I had none. He asked me if I had any Irish. I said they, as well as the India ones, were prohibited. I found them to be trifling sort of people, and I took the handkerchiefs in the window on my right arm. The woman said, she liked one of them, but he said he would have a better. He stood close to me, and the woman went and stood behind him. He said, He was very sorry we could not agree, and they went out of the doors. As soon as they were gone, my apprentice said, they had got a piece of check. I bid him run after them. I got over the counter, and when I was at the door, they were about fourteen yards from me. I went after them. The prisoner had his hands behind him, under his coat: I laid hold of him; and when he found I held him fast, he pulled the check out from under his coat behind with his left hand, and throwed it down upon my feet. I had felt it under his coat, and I saw it fall. I took him back to my house, and sent for a constable, and carried him to the Compter that night; and the next day before my lord-mayor, who committed him.
Q. How far was he got from your door when you laid hold of him?
Robinson. He was about 30 yards from it.
Q. from prisoner. Did I stand still, or did I run, when you laid hold of me?
Robinson. The prisoner walked on, he did not run.
Q. from prisoner. Had I any thing in my hand when I went out of your shop?
Robinson. No, you had not any thing.
Q. from prisoner. Was my face towards you when you called after me?
Robinson. I did not call after you at all; two boys had hold of your coat, but they could not stop you.
Prisoner. I am more out of pocket than he, for I gave the woman 3 s. 6 d. to buy her a handkerchief, and she is gone off with it.
Robinson. When we brought him back, he said he knew nothing at all of the woman at first, and denied that she came into the shop with him; after that he said, he had picked her up, or she him; and he was to give her a silk handkerchief, for lying with him at night.
Thomas Steward . I am an apprentice to the prosecutor; I saw the check lying on the counter. The prisoner and a woman came into the shop, and asked to see some silk handkerchiefs. My master shewed them some. There were none would do. I saw the woman take a piece of check, and carry it out of the door; and when they were about 10 yards from the door, she gave it to the prisoner, and he put it up behind his back, under his coat. Then she made off. I saw the check drop on the ground when he was taken.
Prisoner. I was afraid the woman was going away from me, so I followed her quick out of the shop. I never saw any check upon the counter.
Thomas Cathrow . I am apprentice to Mr. Dawson, who lives next door to the prosecutor. I saw the woman give the piece of check to the prisoner; Mr Robinson's apprentice called out they had stole a piece of check. I ran with him, and we both had hold of the prisoner's coat, when Mr. Robinson came and laid hold of him, and I saw the check fall from the prisoner's hand.
I am a master at arms on board a man of war, I had been all the day waiting to receive some money at the Navy-office. I met with that woman, and made an agreement to go together that night, and I was to give her a handkerchief; I gave her 3 s. 6 d. to buy it; I went with her to two shops, at the first shop she did not like what they shew'd us; then, when she was at this shop, she went out with the check, and I was afraid of losing her and my money: but God help you Mr. Robinson, for swearing that check against me. He swears I had this check under my coat. When he took hold of me I got hold of him with both my hands, and told him I would not be mobb'd in the street; he took me into his shop, and I pulled out my pocket book, to show him I was no such person.
Guilty 4 s. 10 d.
123 (M) Ann Seymore , spinster , and Charles Steward otherwise Conner , were indicted, the first for stealing one silver watch, vale 2 l. 15 s. and one metal chain and seal, value 5 s. the property of James Pearsey , privately from his person ; and the other for receiving the same, well knowing them to have been stolen , Oct. 17 .*
John Pearsey. I was returning from the city to my lodging, and within about a dozen yards of the door where I live, I met with the woman at the bar sitting on a seat; she asked charity of me; I looked at her, and said, You are a lusty young woman, why don't you go to work for your bread? She said, God bless you, master, I have got a pretty clean room, with a fire in it, will you go with me? I consented, and went home with her. She asked me for some money, I told her I had no change, but I lodg'd at George More 's in the court, and if you will come with me there I will borrow of my landlord a couple of shillings. Upon that she trusted me, but before I had to do with her I turned about, and tucked in the chain of my watch, so I am most certain I had my watch at that time. She confessed when she was before the justice, that she took the watch from me, and gave it to the man at the bar to pawn it.
Q. Is that all you know against Steward?
Pearsey. It is all I know against him: one Dunn, that I found at Seymore's house, told me of him, and said he could get her, and bring her to me. About two or three days after he came to me, and asked me if I was the young man that had been robbed; I said I was. He said if I would give him a good reward for my watch, he would try to get it for me. I said I had no money then, but if he found the woman, and brought her and the watch, I would give him a guinea; but if he brought only the watch, I should give him half a guinea for that. He swore by the Almighty he would have her that day, and meet me at home at five o'clock. I staid at home that day, but never saw him till I saw him before the Justice, and there he acknowledged he had a watch from her, but I do not recollect he said it was my watch, but she said it was mine. I did not swear to my money, or lay it in the indictment, but I lost at the same time four 36 s pieces. She came out of her lodgings with me, till I went and borrowed two shillings of my landlord. I said I had met with a generous woman, that had trusted me. Said my landlord, Pray is your watch safe? I put my hand to my pocket, and missed that and my money; then, instead of being generous, I found she had paid herself very handsomely, for she had stripped me. She had made off when I went to see for her.
Prisoner. When I first spoke to you, you had but four-pence halfpenny in your pocket, I assure you.
Ephraim Brook . I live in Long-acre, I am a constable, the man came and told me he had been robbed by the woman prisoner; I knew her personally, by seeing her about in the streets frequently. We took her before Justice Welch, there she confessed the fact, and said she gave the watch to Steward, who pawned it somewhere in Rag-fair. I and the beadle of the night went with her there, to see for the pawnbroker, but we came back as we went; then I asked her if she could find Steward: she said she did not know where he was: then she mentioned the Magpye and Horseshoe in Rag-fair I went there, and asked for him, and was told a butcher near there could tell. Then I was told I might find him at the Horseshoe in Wood-street. I went there and found him. I had got the warrant back'd by my Lord Mayor. I took him before Mr. Welch, there he said he and one Basset together
Q. from Steward. When you came to me at the Horseshoe, did I not come along with you directly? And did I not say, if Mr. Welch had sent a porter for me, I would have come directly to him?
Brook. No, you said you would not go without a coach.
Steward. If I told you so, why did I tell you where the watch was?
Brook. That is to yourself: notwithstanding what you said, we could not find it.
Steward. I don't care if I was to be hanged, but I am innocent.
Brook. During the time he was at Mr. Welch's he attempted to make his escape.
Q. from Steward. Had not you a man in the Savoy that acknowledged he pawned the watch?
Q. from Steward. Whether the constable did not want to swear this watch against one Walgrave, that keeps the Duke's head in Mercer's-street.
S. White. Not as I know of.
The prosecutor told me if I would give him some money he would let me go, and he left me in charge of another person, for them to let me go. I have no other witnesses but God and myself.
I never had any watch of her, I know nothing of it.
Seymore guilty of stealing, but not privately from his person ; Steward Acquitted .
See Steward tried before, No. 276, in Mr. Alderman Dickenson's mayoralty, for defrauding a person of a horse: also see No. 331 in Mr. Alderman Asgill's mayoralty, for stealing a trunk with wearing-apparel in it, the property of Elizabeth Craggs .
124. (M) Mary Smith , otherwise Dixon , single woman , was indicted for stealing two linnen ruffled-shirts, value 6 s. two plain linnen shirts, value 6 s. three pair of ruffles, two silk handkerchiefs, one white linnen handkerchief, one pair of gold clasps, and three linnen towels , the property of William Sloper , Esq ; Jan. 8 . +
Q. What are you?
Hassler. I am servant to Mr. Sloper; she was accused with taking the things, and owned it, and by her directions many were found again: she had sold the gold clasps to a silversmith, and the other things were pawned to Mr. Gunson.
Q. Where does your master live?
Hassler. He lives in Scotland-yard.
Q. How long had you known her?
Westery. I had known her about twelve months (he produced four shirts, and three pair of ruffles) on these she had thirty-four shillings, and six-pence; I lent her fourteen shillings upon two of them, and my master's brother, who is sick in the country, lent her the money on the other two.
Hassler. These are my master's property; here is the letter S. on some of them, and W. S. on others.
I have some relations here to my character. They were called, but none appeared.
125. (M.) Isaac Odeway , otherwise White , was indicted for stealing 8 moidores, 6 six-and-nine-penny pieces, 6 four and six-penny pieces, 20 guineas, 20 half-guineas, and 10 shillings, in money numbered, the money of Henry Aldred , in the dwelling-house of the said Henry , March 8 . +
Henry Aldred . I live at the Star, in Winfield-street, White-chapel . The prisoner was at my house last Saturday se'ennight, drinking in the club-room, he borrowed 7 d. to pay his reckoning, saying, he had nothing but 2 d. and two had half-pence about him. My wife went up stairs. After which he was missing about two hours; when he appeared again, he said to one in the house; how far do you think I have been? I have been in the Strand. After this we found he sent his wife to redeem things out of pawn, that came to thirty shillings and upwards, as the pawnbroker has since told me.
Q. What did you lose?
Aldred. I lost 70 l. out of my beureau.
Q. Do you know who took it?
Aldred. No; we imagine it was taken at the time he was absent from the club-room, about eight o'clock that night: upon this I took him up, and before justice Fielding he was asked what his business was in the Strand at that time; he said he went to meet a person in a court there that he had been acquainted with two years. Mr. Fielding asked him, what business that man was of? he said, he did not know. He was asked, if he saw that person that night; he said, he did not, but he then went to the Unicorn, in Shoreditch, and he met the man at the door, and he paid him three pounds nine shillings, which he owed him upon a note, and after that he borrowed a guinea of him. I got a warrant and searched, but found no money, (as a lad had given him information of it before hand.) I found this piece of iron, in the condition it is now (producing a piece of iron turned crooked, very proper for forcing open drawers) his wife said it was a spindle that she used to wind silk upon, and how it came to be bent she could not tell.
Mary Aldred . I am wife to the prosecutor. We lost 70 l. in different pieces of money, as laid in the indictment, from out of our bureau in my chamber, on the 21st of last month. I did not discover it till the Sunday morning at eleven o'clock.
Q. Do you know who took it?
M. Aldred. No, I do not; but I believe the prisoner did; he was out of the club-room much about that time.
Q. Did you see him go up stairs?
M. Aldred. No, I did not. I had lost the key of my chamber-door about a fortnight before, the prisoner was at our house at that time, we did not find it, and we got another key.
Q. to prosecutor. Have you any further evidence to fix this on the prisoner?
Prosecutor. I have not.
See him tried before, Num. 407, in Mr. Alderman Cokayne's mayoralty, for stealing a quantity of sugar; and Num. 68, in Mr. Alderman Winterbottom's, for stealing a quantity of rice; and also, Num. 248, in Sir Crisp Gascoyne's, for stealing a trunk full of wearing apparel from behind the Bath waggon.
126. (M.) Mary Brown , spinster , was indicted for stealing one guinea, one half-guinea, and one nine-shilling-piece of gold, the money of John Gordon , from the person of the said John, privately , March 16 . +.
Q. When was this?
Gordon. This was on Monday, the 16th of March.
Q. Did you pick her up?
Gordon. No; she picked me up. After she saw the money, she, and two other girls, called me into the house.
Q. Had you any thing to do with the prisoner?
Gordon. I lay with her; and she took my money out of my pocket.
Q. How old are you?
Gordon. I am between fifteen and sixteen. I am but just come out of Scotland.
Ann Steadman . I live in the parish of Bethnal-green; my husband is a cabinet-maker; the prisoner was a weekly servant to me, and had been for about half a year. Last Friday was a fortnight she took a bed-blanket, and half a dozen plates, and a pair of glasses.
Q. What were they all worth?
A. Steadman. They were worth 4 s.
Q. What did she do with them?
A. Steadman. She pledged them. The pawnbrokers are present, and the things too. The prisoner owned she took them.
Q. How came you to find them again?
A. Steadman. I knew where she used to pawn things, by which means I found them.
A. Steadman. This is my property.
The prisoner said nothing in her defence.
Mary Adams , widow , Nov. 23 . +.
Q. How old is she?
M. Adams. She is about 16 years of age. I found about 7 s. in her pocket on the 23d of November; I examined her how she came by it, she said she had it of her father.
Q. Where does her father live?
M. Adams. He was on board a ship at that time.
Q. Has she any mother?
M. Adams. Her mother is dead. I missed an India silk handkerchief, I charged her with taking it, she confessed she had taken it, and carried it to her father, and told him she gave me 3 s. for it. Likewise she confessed the same before the justice, and the yard and three quarters of lawn she confessed she bought with my money.
Q. Did you find the handkerchief again?
M. Adams. That was found on her father's neck in my house.
Q. What is your business?
M. Adams. I am a pawnbroker.
Q. from the prisoner. Did not my father ask you if you had any handkerchiefs?
M. Adams. Yes, he did, and I told him I had some. I did not miss it till the person that owned it came to redeem it; then when the prisoner owned to the taking it, I sent to her father, and he came with it on; he said his daughter told him she gave 3 s. for it.
James Dempster . I lodge in Mrs. Adams's house; on the 23d of November in the morning, Mrs. Adams came down stairs, and said, Sall, have you any money, Sall? She said, I have. She asked, how much? She answered 7 s. Said her mistress, last Thursday you had not a farthing. She prevaricated a little, and then said she got it of her father; then she said she had 5 s. of Mrs. Hill, and two of Mrs. Woodrow. Mrs. Adams desired me to go and ask them if that was true; they said they had not seen her for three months, then I talked with the girl, and she said she had taken it in the shop, and kept the money.
Q. Had she used to be employed in the shop?
Dempster. Yes; her mistress gave her money to lend upon goods in mornings, if any body came before she was up. Mrs. Adams desired me to go on board to her father, and he owned she brought a handkerchief to him, and said, was that about his neck. I heard her say she gave her father a handkerchief, and he gave her 3 s. for it.
The prisoner said nothing in her defence.
For the Prisoner.
Mrs. Collins. The girl is not quite 15 years old; she was with me after the death of her mother. Her father settled her with me till he got a place for her.
Q. What are you?
Mrs. Collins. I keep a cook's shop, she behaved very orderly with me; when I heard of this, I said to her, Sally, what is this I hear of you? She said, Thank God it is not true, and said, her mistress said she would transport her for taking her character away, for saying when she awaked Mr. Dempster was in bed with her mistress.
A witness. I have known her five years. I teach children to read, she was a scholar of mine, her friends were very honest people, I never heard any ill of her.
129. (M.) Ann Croom , spinster , was indicted for stealing one linnen gown, value 3 s. one linnen shirt, value 5 s. one stuff petticoat, value 2 s. one cloth cloak, value 18 d. two yards of ribbon, one lac'd cap, and one linnen apron , the property of Mary Carr , widow , March 5 . +.
Mary Carr . I live in White's-alley, Chancery-lane , the prisoner came to lodge with me on the Saturday night, and on the Thursday about noon I went out, and when I returned I could not get in; when I got in she was gone, and the goods mentioned in the indictment were missing. She never paid for her lodging or came to me afterwards. I found the things again at two people's houses.
Mary Bradock . I live near the Seven-dials, and deal in women's cloaths. I bought a purple and white gown of the prisoner at the bar. She said the person that owned it, and gave it her, had been dead three months. She bought a hat of me at the time.
Q. What did you give her for the gown?
M. Bradock. I gave her five shillings and threepence for it, besides the profit of the hat.
The prisoner said nothing in her defence.
Jonathan Green, I live in Norris's-street in the Hay-market , the prisoner came into my shop about the twentieth of March last, and asked me to see some pretty genteel patterns of printed linnens. I pulled down many, but nothing would please her; then she said, she would have a thing about half a crown a yard. I took down some from the shelves, she agreed for some, and said, she would send for it, but never did; neither did she pay for it, she then went away. She was after this taken up for robbing other people of goods; and an advertisement was put in the paper for any body that had lost any such things to come to justice Fielding. I had not missed any thing till I came there. Then I saw, amongst other goods, two remnants of printed linnen, one glazed, the other not, with my mark upon them, [produced in court.] These are my property, the constable is here, and can give an account where he found them.
Q. Are you certain this linnen is your property?
Green. I am; and this is part of what I shewed to her at that time.
Mr. Humfreys. I am constable, I found these two pieces of linnen in the prisoner's lodgings, at the house of Mr. Blackwell, in John's-street, by Golden-square.
Q. How much of it was there when you lost it?
Green. There were upwards of 23 yards.
Q. How much is there of this largest piece?
Green. I cannot tell, without a yard to measure it; I believe there is thereabouts.
Q. How long after she had been in your shop, before you saw it again?
Green. It may be a week or upwards.
Q. Did you not sell the prisoner goods before?
Green. I do not know whether I did or not. I think about two months before she came, and I sold her about two yards of lawn, but that I cannot charge my memory with.
Q. Do you remember a messenger coming to you, to go to her in New-prison.
Green. I do; the messenger said, she had something to say to me; I told the man I would not go.
Q. Did you ever make mention that she was an informer?
Green. I said, after he described her, d - n the bitch, I believe she is an informer, and I hoped she would be hanged.
Q. Did she not prefer an information against you, at the Custom-house?
Green. No, she never did; nor I believe against none of her prosecutors.
Q. Did you not tell the person she had bought a quantity of linnen of you?
Green. I said, I believed she might have bought a small quantity of me about two months ago.
Q. What is this linnen worth?
Green. This cost me 3 s. and 9 d. a yard, they are chints patterns.
I bought that printed cotton for 1 s. 6 d. per yard.
Green. I never asked but 4 s. per yard for it.
For the Prisoner.
Thomas Kennedy . I have known the prisoner from the 10th of March last, I was sent for by a gentleman in the Land-surveyor's-office, and told there was a person that could give information of a great many prohibited goods. I went, it was the prisoner; she gave information against five persons for having prohibited goods.
Q. Was there any information against the prosecutor?
Kennedy. No; there was not.
Q. What is the prisoner's character?
Kennedy. I know nothing of her character; I heard she was looked upon as a gentlewoman of character, by the person that sent for me; I never saw her before that time.
Henry Abbot . I know Mr. Green, I went to him, I think on the 16th of March; there had been things brought to justice Fielding, and the prisoner desired me to go to Mr. Green, to desire him to come to the justice to speak for her,
William Packwell . I have known her two months. She lodged at my house when taken up. I had a good character of her when she took her lodging, she had been six weeks, and always paid her way very honestly, and behaved well for what I know.
Q. What was her general character?
Fellows. She bore a general good one; it is far from my thoughts to think that she would be guilty of any such thing, as going into a shop to steal linnen. I do not believe she would be guilty of any such thing; she was frequently backwards and forwards with us, and the drawers some times open, and we never missed any thing.
James Ingram . I have known her four months, I keep a haberdasher's shop in Marshal-street; I never heard but that she was a person of good character. She has come to my shop and bought stockings, and paid honestly for them; she has bought other trifling things. She used to come to see some French people where I live. I never heard she had a bad character.
Mr. Stocker. I have known the prisoner 14 months.
Q. What is her general character?
Stocker. It is a very good one for what I know. She lodged with me several months; I never thought her guilty of shop-lifting, I thought her above such a thing as that.
Q. Where do you live?
Stocker. I live in Swallow-street.
A Witness. I have known the prisoner about 12 months.
Q. What are you?
Witness. I am a French physician; I was sent for to her, about six months ago; she bought some things of my wife to sell again.
Q. What is she?
Witness. She wa s a teacher of the French language in a boarding-school. She has had opportunities to take things at our house, but did not; she paid very honestly.
Q. Have you seen her lately?
Witness. For the last six months, I have not seen her; I think upon my word, she is a very honest; I do not think she would be guilty of stealing.
Guilty Death .
There were five other indictments found against her, for crimes of the same nature; but being cast upon this, it was thought unnecessary to try her on them; and the prosecutors, who swore to their respective goods, were ordered to take them, &c.
George Marshall . I keep the Ship alehouse , at Tottenham , the prisoner was a lodger in my house for very near three months. I lost two silver tankards from out of the kitchen; he was gone to go to bed about three quarters of an hour before they were missed; he goes through the kitchen to go to bed.
Q. What time of the night did you miss them?
Marshall. About nine o'clock.
Q. Are you sure they were in the kitchen?
Marshall. My house-keeper told me she had carried them there.
Q. Where is she?
Marshall. She is not here. When I missed them, we went up to his room, and he was not in bed, and the back-door was left open; then we suspected he had taken them.
Q. Did you ever get your tankards again?
Marshall. Yes, I did; they were found where he was taken, at the Crispin, a publick-house in Grub street. I was sent for, he was taken before the justice; and there he said, he was very much in liquor when he took them. I know that to be true; he owned he took them.
Mr. Irons. I am a constable, the man at the Crispin alehouse sent for me from the watch-house, to let me know a person was come there with two silver tankards. I went, there was the prisoner, he appeared to me to be very much in liquor, and hardly capable of giving a rational answer. These are the tankards. [Producing two tankards.]
Marshall. These are my property, and what I lost that night.
Q. to Marshall. Did the prisoner own where he took them from?
Marshall. He said he took them from off the dresser in the kitchen, and went out at the back door.
Irons. I went to Mr. Marshall's house, and told him the affair; he came with me, and owned them.
Marshall. When I missed them, I went away to justice Fielding, and was describing the prisoner to one of the clerks, and the keeper of Clerkenwell came in; and said, I suppose this is something about the man that was taken up in Grub-street last night, with two tankards. The justice sent for the prisoner, and asked him how he came to take the tankards; he said, they were out at the door when he took them, and that he was very much in liquor. He owned they were my tankards; he had an extreme good character before this thing happened.
Richard Heron . I was walking in Fleet-street, by the King's head-tavern . I felt something at my pocket; I turned round, and saw my handkerchief in the prisoner's hand. I seized him, and carried him cross the street, into Sir Francis Gosling 's shop, and took the handkerchief out of his hand.
Q. How near was he to you, when you first saw him with the handkerchief in his hand?
Heron. He was at my right-hand, not so much as a yard from me.
Q. Do you know whether any part of it was hanging out of your pocket?
Heron. I do not know that it did; when we were before the alderman, he said, part of it hung out, and that it stuck to his fingers.
Benjamin More . I am constable, I was sent for to Sir Francis Gosling 's, to take charge of the prisoner at the bar. I searched his pocket there, and found another handkerchief upon him; seeing a mark upon it, he was asked what mark was upon it, but he could not tell; saying, he lately bought it. This silk handkerchief was delivered into my charge, [Producing one.]
Prosecutor. This is my property, and what I took out of the prisoner's hand that time.
Q. What time of the day was this?
Prosecutor. It was about eight in the evening.
I was coming by the gentleman, and his handkerchief hung half way out of his pocket; and he turned round upon me, and said, I was going to pick his pocket.
Guilty 10 d.
See him tried last sessions, No. 103. for picking Mr. Clark's pocket, of a handkerchief in Cheapside.
Q. Where do you live?
Boydell. I live in Watling-street, I lost my watch, but do not know of my own knowledge who took it.
Q. Where was it taken from?
Boydell. It lay on a little ledge by one of the windows in the compting-house.
Q. Had the prisoner use to go into the compting-house?
Boydell. No, but the family was gone up to dinner at the time, and he brought in a load; and at that time, I suppose, he went into the compting-house, and he took it: he has since confessed he took it at that time.
Q. Did you ever meet with it again?
Boydell. It was advertised, and a gentleman stopped it and brought it to me.
Prosecutrix. This is my watch that I lost at that time.
Palace. He asked three guineas for it at first, and had he kept to his price, probably I might not have suspected his having stole it, and might have bought it. He had a knot on his shoulder, and appeared like a porter. I told him that was too much for me to give. Sir, said he, Will you
Prisoner. I should be glad if the court would let me serve his majesty.
He being a lusty young fellow, the jury recommended him to serve as a soldier.
134. (L) Ann, wife of George Slade , was indicted for stealing 4 harrateen curtains, value 40 s. one feather-bolster, two feather-pillows, one quilt, two sconses, one copper tea-kettle, and one brass saucepan, the property of John Hurst , in a certain lodging room let by contract , &c. March 17 . ++
Q. What was her business?
Hurst. She was of no business at all; she came to me as a widow; I heard she had an annuity 30 l. per year.
Q. Where do you live?
Q. Who let her the room?
Hurst. I did, and the goods mentioned in the indictment, with others, to be used with the lodging.
Q. What did she pay per week?
Hurst. She paid me two guineas and a half a quarter. After she had been at my house some time, I found she was a wife, separated from her husband. She kept very bad hours, and very indifferent company. About three months ago I had looked through the window, and saw, by the candle-light, that the curtains were gone: I went up to her, and asked her for my rent the day before it was due, to have an opportunity to see what were missing. She seemed to be in a great consternation, and said, Dear Sir, I am so tired I don't know what to do; I have been cleaning my room. I said, What is become of your window-curtains? Said she, I always take them down when I clean my room, to keep them from being dusty. The next night I looked up, and found the curtains were put in their place. After this she made a deal of disturbance in my house, because I would not let my door be unlocked late for her. On the 28th of February she paid my wife a quarter's rent, but she left one week unpaid. I went up to ask her for that: she paid me. Then I said, I expect you will quit these lodgings the next Friday. She said, she could not till the Monday following. I never saw her for eight days after this. Then I went to her husband: he said there should be no process against me, if I broke open the door. Then I went and broke it open, and missed the goods mentioned in the indictment.
Q. Have you found your goods since?
Hurst. I found the tea-kettle and brass saucepan as Mr. Wilmot's, a pawnbroker in Bride's-alley. The prisoner was taken up, and she said, She went out into the country, and left Mrs. Pidgeon (a woman that used sometimes to be with her) in the room, and she made away with them; but I am confident she never went out in the country, and left Mrs. Pidgeon there.
John Pearsey . Mr. Hurst came to me, and told me he had lost the things mentioned in the indictment, and gave me the names of several people that he suspected might bring them. I looked over the book, and could not find any such names. Then I said, perhaps, you may know your own goods. We found this tea-kettle and saucepan, which he says, are his. [Produced and deposed to by the prosecutor.]
Q. Do you know who brought them to you?
Pearsey. It was a person very genteely dressed.
Q. Look at the prisoner, do you know her?
Pearsey. I cannot say whether it was the prisoner or not, I asked her if she lived-in ready-furnished lodgings, and said if she did she would bring herself and me too into trouble; she said she did not.
Q. What name were they pawned in?
Q. Who do you live with?
Pearsey. I live with Mr. Wilmot in Bride-lane.
Thomas Pearsall . I am a constable. I was by when the prisoner's lodging-room was broke open. The room was left in a dirty condition, and the prosecutor said, there were such things, as mentioned in the indictment, missing.
Q. Did you hear the prisoner acknowledge they had been there?
Pearsall. I did; she said she let Mrs. Pidgeon lodge there, while she went into the country; and said, she had foul'd the things, and taken them out to wash them, and had never brought them back again.
Q. to prosecutor. Did Pidgeon ever lodge in the prisoner's room?
Prosecutor. I never knew that she did.
Mrs. Pidgeon was there a week by herself, and I had been in search of her, but could not find her.
(M) She was a second time indicted by the same name, for stealing two silver tea-spoons, value 2 s. 6 d. the property of William Huggins ; the same being in a certain lodging-room, let by contract , &c. May 30 . ++
William Huggins . I live in Russel-court : the prisoner took a lodging of me in August 1759, and continued a lodger with me about a year, till the May following; then she left her lodging, and I could never find her till she was in custody for the other offence. When she was gone I missed two silver tea-spoons.
Q. Did you let her them with the lodging?
Huggins. I did, as part of the furniture, and she accepted them as such; I delivered them to her with my own hand. She took away with her the keys of the drawers, which were found afterwards in her lodging in Salisbury-court. She carried away also the key of the room door.
Q. What do you value the spoons at?
Huggins. I value them at half a crown.
I never touched any thing in the room.
The first prosecutor, desirous to see the event of the second trial, put down his tea-kettle and saucepan by his foot in the court; but before the second trial was finished, his kettle and saucepan were carried off.
This we think proper to insert, that prosecutors may always remember, it is very common for thieves to attend to hear their fellow-thieves tried.
Q. Did you go up stairs?
Roberts. I did.
Q. How long did you stay?
Roberts. I staid there about ten minutes. I had my watch in my pocket. She took it from me.
Q. How do you know she took it from you?
Roberts. I saw it in her hand, and went to take it from her, and she swore I gave it her.
Q. Whereabouts in the room were you then?
Roberts. We were upon the bed, both of us.
Q. Did you feel her take it out?
Roberts. No, I did not, I went to feel for it in my pocket when I saw it in her hand.
Q. Were your breeches buttoned, or unbuttoned?
Roberts. They were unbuttoned. I went to take it from her, and she swore she would cut my throat, and took up a knife. Then I ran down stairs as hard as I could, and alarmed the people; and went for a constable, who came and took her up. She was carried to the Watch-house, and when she had been there about half an hour, Mr. Cook, the city marshal came. Then she said, If he would go to her room with her, she would go and get the watch. He went with her, and brought it.
Q. Where do you live?
Roberts. I live on the other side the water.
Q. With who?
Roberts. With my mother.
Q. What is she?
Roberts. She is a pawnbroker, we took her before my lord-mayor, and told my lord the same as I have here; and he said, she should be transported.
Q. Did she own that she took it?
Roberts. No, she did not.
Prisoner. He came up, and used me very ill as I was sitting by the fire, and tumbled me about on the chest, and on the bed.
Prosecutor. I never offered to pull her about, she pulled me in.
Q. Did she pull you on the bed?
Roberts. Yes, she did.
Joseph Fletcher . Between ten and eleven o'clock on Saturday night, the prosecutor came to me, and I went with him to the room, and took the woman at the bar. When we came to the Watch-house, she denied having the watch; but Mr. Cook came in, then she confessed it, and he went with her, and fetched it, and this knife. [Producing a case-knife ]
Prosecutor. This is the knife which she threatened to cut my throat with.
Mr. Cook. I went to see what was the matter in the Watch-house, there was the prisoner in custody; I was told she had stole a watch from this youth. Said I, Where is the watch? She said, The young man gave me 18 d. to lie with me, and a pint of wine; and I will go home with you if you please, and see for it; we went together. She removed the chest, and behind that I found the watch. I brought it along with me, and asked the young man what sort of a chain it had; he said, none at all, it has a string. I said, what seal? he said, a spread-eagle. It being as he had described, I produced the watch. [Produced in court, and deposed to by the prosecutor.]
He tumbled me on the chest three or four times. I never saw the watch indeed, my lord.
Guilty of stealing, but not privately from his person .
The prisoner is the same person that stood on the the pillory by the Old Change, for keeping a bawdy-house, about a month before this trial.
Henry Vincent . The poor woman at the bar came to wash for my wife, and about half an hour after nine at night her husband came to fetch her home; presently after my wife was sent for to a publick house; I was on the bed, and the woman at the bar thought I was asleep. I saw her go and pull my drawer out, and take out a gold ring, and hold it up to the candle; I saw it; she went to give it to her husband.
Q. Where was he at the time?
Vincent. He was sitting by the fire.
Q. What are you?
Vincent. I am a coach-maker by trade. The next morning I asked my wife where her rings were; she said she had put them both in the drawer; she went and found one was gone.
Q. Are you sure it was your ring which you saw in her hand?
Vincent. I saw a ring, but cannot say it was mine.
My conscience is innocent, and so is my wife's; it was between ten and eleven o'clock when I went to my dame; this man was in bed with his two children, he said, How do you do daddy? I said, I am very poorly, for I have got no business this blessed day. I am a butcher, and go about poultering, and selling what I can; he said sit down, I did, and never stirred from the place till his wife came in; then she said, How do you do daddy? She said to my dame, I have staid longer than ordinary; go and fetch a pint of beer from the Fountain in Rosemary-lane; I went for it; she asked my wife to eat her supper, and gave her some broken victuals home with her; but, as to the ring, as God is my true judge in heaven, we are both innocent of it. They have been to the cunning man about it, and after that he lays the ring to my wife's charge, and please you my lord, and gentlemen.
For the prisoner's.
Mr. Templeman. I have known the man seven or eight years.
Q. What is his character?
Templeman. I never heard any bad character of him in my life.
Both acquitted .
Q. Did she go along with you?
Walker. She did; I believe I was just able to walk along, and up into her room.
Q. Was any body else there?
Walker. I cannot justly say whether she was by herself or not at first, but presently after there were two more; they asked me whether I would give them any beer. There was some beer drank.
Q. Where was this?
Q. Did you know her before?
Walker. I never saw her before in my life. I had nothing to do with her, I only gave them liquor. I was not capable of getting out of the room.
Q. How long was you in the room?
Walker. I cannot tell; they called for something of a dram, and that dram and the other liquor together finished me.
Q. What money had you about you?
Walker. I thought I had about 25 s. the prisoner confesses to 23 s.
Q. Where did she say she had it from?
Walker. From out of my pocket.
Q. Where did she confess this?
Walker. This was before the justice.
Q. How came you to take her up?
Walker. After I had slept awhile, and recovered myself, I got out of the room and went away, and was persuaded the next day to take her up, which I did.
Q. Did you get any of the money again?
Walker. I did some of it.
Q. How long did you stay in the house?
Walker. I did not stay above two hours and a half.
Q. Who was in the room when you awaked?
Walker. The prisoner, Eleanor Sutton , and Mary Turner ; they awaked me out of my sleep; I then felt in my pocket, and said I had been robbed. I carried them before justice Welch, in Long-acre, there she confessed the taking 23 s. out of my pocket.
Q. When was the prisoner taken?
Walker. The next night after that.
Prisoner. I am the wrong person. He brought in another woman, she is now in confinement, she bolted the door; afterwards I came up stairs and carried up some beer.
Eleanor Sutton . I was coming up stairs, and the prisoner came out, and said, there is a young woman has got a young man in the room, and sat down on the stairs; by and by she blow'd out the candle, and put some money in her lap. Whether she had got the man's breeches, or not, I cannot tell, the candle being out; but, after that, she went and threw something on the bed, she went down stairs immediately and paid her rent.
Q. Did you see any money?
E. Sutton. No; I heard it. She said there was some money, and hoped there was some gold.
Q. Did you see the prosecutor along with any body else?
The young woman that he picked up was up stairs with him. She is now in confinement.
Guilty of stealing, but not privately .
138. (M.) Mary Swann , single-woman , was indicted for stealing 41 yards and half, ellwide, stitched blue and white silk, called lutestring, value 10 l. and 23 yards of three-quarters wide silk, called lutestring, value 6 l. the property of Peter Campert , in the dwelling-house of John Cadman , March 23 . ++.
Q. Describe them.
Cadman. One half-ell wide blue and white stitched, called lutestring; the other a three-quarter lutestring.
Q. What do you value them at?
Cadman. One at 10 l. the other at 6 l.
Q. When did you lose them?
Cadman. I missed them on the Tuesday morning in the Holiday-week, they were taken away on the Monday night.
Q. Why did you suspect the prisoner?
Cadman. I had no reason to suspect her; she owned it of herself to several people, and afterwards to me. I asked her how she came to do it? she said, she could not tell; but the d - l put it in her head.
Q. Could she come at them?
Cadman. She could.
Q. What were her words, as near as you can recollect?
Cadman. She said, when I sent her home on the Monday night, that instead of going home, she went up stairs and cut them out of the loom. We sent for an officer, and took her to Mr. Fielding's. he was not at home; there was another magistrate there, I don't know his name; there I mentioned what she had confessed. She said she could not say to the contrary of what I had said.
Q. What are you?
Prosecutor. This is my property, and what was cut out of my loom that night.
Cowen. I asked her how she came by it, she told me it belonged to a gentleman, that wanted a little money upon it. She had a gown which lay for 2 s. she wanted that out. I stopped the piece, and bid her bring the gentleman to me; but she never came any more, till she was taken into custody.
Q. Did you advertise it?
Q. Why did you not?
Cowen. I informed my neighbours about it; and said, I should keep it a day or two, but I saw it advertised two days after. The gentleman came to me, and asked me, if I had such goods; I told him I had; and after that, he came to me, and told me, he had found out the thief.
Q. What are you?
H. Pritchard. I keep a pork-shop; she came back in about half an hour, and then desired I would go along with her to the last evidence, to pawn it; but I did not go, but had the curiosity to look into it.
Prosecutor. This piece is my property also.
H. Pritchard. I shewed it to another person, we thought it was stolen, and we stopped it; I heard her own she stole it from her master Cadman.
Q. to Prosecutor. Was your loom in your dwelling-house?
Prosecutor. It is.
Q. Whose goods are these?
Prosecutor. I am not the owner, they are the property of Mr. Campert; but I am answerable for them, as they were in my care.
I went on the Tuesday night to that gentlewoman's, for this piece of silk, and she would not let me have it; I wanted to carry it to my master again.
Guilty 39 s.
James Pullen . On Monday the second of March, between three and four o'clock in the afternoon, I came home from the India-house, and was told I had been robbed by the prisoner at the bar. I went and looked thro' the keyhole, and saw the sheets and blanket were gone.
Q. Did you know the prisoner before?
Pullen. I did, she had lived in our neighbourhood some years. By looking about, we found the sheets hid under two salmon tubs. The prisoner's husband told me afterwards where my blanket was. I found it accordingly; it was in a cellar, joining to her cellar.
Q. How came she in your house?
Pullen. I suppose she has got a false key. [The goods produced in court, and deposed to.]
Q. Was she a lodger in your house?
Pullen. No; she confessed before justice Welch to the taking them.
Q. What room where they taken from?
Pullen. From a room that I let out ready furnished.
A Woman. I live in Mr. Pullen's house, I saw the prisoner come out at his door with a blanket and sheets under her arm, the bed was facing the door. I went and looked through the key-hole, and saw the blanket and sheets were gone off the bed. I asked the prisoner for them, she denied taking them, and called me names. When Mr. Pullen came home, I told him of it, after that, the sheets were found in her cellar, and she confessed before the justice she stole them, and the blanket too.
140. (M.) John Ewrin Andrew Flanigan , and Terrence Smith , were indicted, for that they, with certain offensive weapons on Roseman Howard did make an assault, with a felonious intent the money of the said Roseman to steal , &c. March 7 . ++
Roseman Howard. The three prisoners stopped me in Wytch-street by the Two-brewers , on the seventh of March, about one in the morning. They demanded my money; I told them I had none. Ewrin and Flanigan laid hold of me, and Smith put his hand in my right-hand pocket.
Howard. No, he did not; because I had none.
Q. Which of them asked you for your money?
Howard. Smith did, and the other two held their bludgeons up; and said, If I had no money they would knock my brains out. (He produced a thick bludgeon, about two foot and a half long) this is one of the bludgeons, I took it from Flanigan. They left me, and went up the street, towards Drury-lane. Flanigan said, the next time I came without money they would knock my brains out. I went to the watchman, by the Ship alehouse in Drury-lane, and asked him if he had seen three such boys; he said yes, he had, about 12 o'clock. He said, if you will go along with me, we can apprehend them. We met them in Drury-lane, about an hour and half afterwards. I took one, and he another. Smith got away, but he came to the others the next morning, and the beadle laid hold of him; they were carried to St. Clement's Round-house. They were taken before justice Fielding, he asked them, if they owned any thing, after I had charged them; they said yes, and there was a dispute betwixt Smith and Flanigan, which of them had their hand in my pocket.
Q. Which of them owned it?
Howard. They all owned it.
Q. Where do you live?
Howard. I live in Drury-lane.
Q. What are you?
Howard. I am a sawyer.
Q. Where do you work?
Howard, I work for Mr. James in Clare market.
Q. Have you worked for him any time?
Howard. I have, on and off, for three years.
Q. Do you work for him now?
Howard. I do.
Q. from Smith. Whether he had two sticks that night?
Q. What is the watchman's name?
Howard. His name is Philips.
Q. Where is Philips?
Brotherton. He is not here; I being beadle of the night, the prisoners Flanigan and Ewrin were brought to me, on the 7th of March, about three in the morning, I was in the watch-house. I asked Philips, what was the meaning of bringing them there; Howard told me, it was for stopping him in the street, and putting him in danger of his life. I asked him how they did it; he said, he was afraid of being knocked down. I asked the two boys afterwards, how they came to do it; they said, they were not the identical persons that put the hand in his pocket, but it was one that had made his escape. They said, they were very sorry, and desired the prosecutor to be favourable to them, and cry'd.
We were sitting on the bench in Wytch-street, the gentleman asked us what ship we belonged to; I told him, I belonged to the Richmond-frigate; he said, he belonged to the Yarmouth, the last war. I asked him for three-halfpence, towards a pot of beer. About an hour afterwards he stopped us, and charged the watchman with us; and said, we were going to rob him in the street.
Flanigan and Smith said the same in their defence.
Flanigan called four witnesses. The first had known him about seven years. The second about three. The third about five. And the last, between four and five; who all gave him a good character.
All three Guilty .
141. John Cuthbertson , was indicted for stealing one peruke, value 2 s. the property of Richard Gibson , one peruke, value 2 s. the property of William Harding , one peruke, value 15 s. the property of William Harwood , and one peruke, value 13 s. the property of John Nicholson , and three ounces of hair, value 9 s. the property of Henry Coombe , in the shop of the said Henry , February 22 .
Henry Coombe . The prisoner came to me, to be hired as a journeyman , on the 22d of February. He went away, and came the next morning. He desired leave of my wife to be in the shop, to eat his victuals; saying, he was not used to beer-houses. I lost four perukes, but I had missed but three at first, and two locks of grizel hair mixed up, and three locks of brown natural curl. I went to the person that had recommended him to me, and he gave me information where the prisoner lodged. Then I went to justice Fielding, and got a warrant, and took him up, about nine at night, and in about three quarters of an hour he confessed he had three perukes, and the hair; they were all cut perukes. I then had only charged him with taking, Gibson's, Nicholson's, and Harwood's; I had not then missed Harding's. He said, he
Q. Are you sure they were all in the shop, when the prisoner worked for you?
Coombe. I am certain they were.
Prosecutor. These are two of the perukes taken out of my shop, the property of Mr. Gibson, and Mr. Harding, value 2 s. each.
I know nothing about the perukes.
Guilty 4 s. 10 d.
142. (M.) Ann, Wife of John Plateman , otherwise, Ann Ash , widow , was indicted for stealing two linnen sheets, value 2 s. two pillow-biers, value 1 s. two child's linnen gowns, value 1 s. one child's laced cap, value 6 d. one child's sattin robe, one pair of child's stays, one silk and cotton handkerchief, one pair of worsted stockings, one pair of leather pumps, one pair of silver clasps, three linnen shirts, one check'd apron, and one linnen cloth , the property of John Scott , March 23 . ++
Q. How long had she been your servant?
E. Scott. About six weeks.
Q. Do you know who took them?
E. Scott. I have reason to think she did, because she confessed it. The first thing I missed, was a shirt, and a shift-body; I charged her with taking them, she owned it directly, and the other things she mentioned of herself; and said, she had pawned them to Mr. Brice in Clare-market, and others she owned to in New-prison. She owned the taking them before justice Fielding. Also, all except these, she recollected in prison.
Q. How came you by them?
Day. The prisoner at the bar brought them to our house, I took in some of them of her myself.
Q. to Prosecutrix. Look at these things.
Prosecutrix. I have seen them all, they are my property.
Q. to Day In whose name did the prisoner pawn these things?
Q. What is your master's name?
Day. His name is Brice.
I never was guilty before, I hope the court will be favourable to me.
143 Ann, wife of John Pearce , was indicted for stealing one pair of stays, value one shilling; one child's frock, value one shilling; one linnen shirt, value two shillings; and one linnen sheet , the property of Richard Hopkins , March 1 .
The prosecutor was called, and did not appear.
The recognizance ordered to be estreated.
Q. Why do you charge the prisoner?
Q. Did you feel any body's hand in your pocket?
White. No, I did not.
Q. Where did you lose it from?
White. I lost it from out of my fob.
Q. Are you sure you had it when you went into that house?
White. I know I had it then, and I missed it as soon as I came out, or within five minutes.
Q. Did the prisoner confess any thing?
White. I heard her confess she found the watch in the house, but she denied that she took it out of my pocket.
Q. What are you?
Fell. I am a pawnbroker.
Q. to Prosecutor. Was you in company with the prisoner in a house?
Prosecutor. Yes, I was.
Fell. I asked her whose watch it was; she said it belonged to her husband, and that his name was Stamps, a soldier in one of the hospitals. I said I must keep it till I see the man. I took her to Mr. Fielding, and he committed her to the Roundhouse, and sent down to the hospital, and the man said the watch was none of his. Then the prisoner said she had it from a man that she was in company with the night before, and that she found it on the bed. I advertized it twice, and the prosecutor came and own'd it.
Q. to Prosecutor. Was you sober, or fuddled?
Prosecutor. I was quite sober: I was with a friend of mine, and he went to see an acquaintance of his; so we went together.
Q. Where do you live?
Prosecutor. I live with Mr. Weldern, a carpenter, in St. James's-street.
I really did not take it, I found it after he was gone.
Q. Did you know the prisoner before?
J. Heath. I did, she lodged in the garret in the same house; we suspected her; I found it pawned in her name; that is all I know
Q. What did you lend her upon it?
J. Ramsey. I lent her half a crown upon it.
I carried Mrs. Keeling's handkerchief to pawn last Saturday was se'ennight; my prosecutrix sent me with an apron once, and about three weeks ago she sent me with this; there was another woman in bed with her at the time.
Q. to Prosecutrix. Did you send her with this petticoat to pawn?
Prosecutrix. I never had any conversation with her, any more than giving her the time of the day. I knew her to be a bad woman.
146 (M) Richard Hoddy , was indicted for stealing one pair of silver buckles, value 10 s. two enamelled snuff boxes, value 10 s. two knives, value 2 s. two pair of scissars, and three pair of steel buckles , the property of John Crook , April 1 . ++
John Crook . I keep a cutler's shop in Great Turn-stile, Holbourn. Some time ago I found the prisoner in the possession of some goods of mine, to the amount of upwards of forty shillings, as they cost me, some of them of my own manufactury.
Q. What sort of goods?
Crook. Snuff-boxes, buckles, scissars, and other things. I had suspected him, and took occasion to search his box.
Q. Did he live in the house with you?
Crook. He did,
Q. In what capacity?
Crook. He is my apprentice , he has served me six years and a half.
Q. What is your employment?
Crook. I am a cutler and razor-maker . When I charged him with those things he had nothing to say, but pleaded guilty, and promised amendment for the time to come.
Q. How long is this ago?
Crook. This was more than a year ago.
Q. Are any of those things in the indictment?
Crook. Yes; but upon his promising amendment I would not prosecute him then, but put
Q. Mention the things he had taken, and when.
Crook. Two enamelled snuff boxes, two pair of scissars, two knives, and three pair of steel buckles, I found in his box about a year ago.
Q. What do you value the silver shoe buckles at?
Crook. I value them at 10 s. He was carried before a justice of the peace, and charged with taking these things, and he said nothing towards denying the facts. I do not know whether he was asked, or whether he did deny it or not.
Sarah Griffin . I am servant to the prosecutor. Last Wednesday morning I saw the shew-glass open in the shop, the prisoner lifted it up with one hand, and I saw him put his other hand in, but what he took out I cannot tell: I informed my master of it, and he taxed him with it. He denied having any thing: my master was for searching him, and at last he delivered a pair of silver buckles to my master.
I never carried any thing out of the house.
The prisoner called four witnesses to his character; the first had known him four years, the second two, the third six months, the fourth about two years: they all gave him a good character.
He being a foreigner, desired to be tried by a jury of half foreigners; whose names are as follows.
The gentleman who interpreted the evidence in the French language to Gardelle did not do it sentence by sentence, but in parts, as much as his memory with certainly could contain; after which the prisoner, if he had any thing to say, would speak; which answers of his are not to be understood by our readers as having a regard to the last sentence foregoing his answers, but to the whole part last interpreted, &c.
Q Do you remember any evening you past with her?
Muzard. I do, it was Wednesday evening, the 18th of February.
Q. How was she then as to her health?
Muzard. She was very well in health.
Q. Where did you spend the evening with her?
Muzard. It was at her own house in Leicester-fields; I made an appointment then to go to the Opera with her on the Saturday following.
Q. Did you see her between that time and the Saturday following?
Muzard. No, I did not, I have not seen her from that time.
Q. Did you come in consequence of that appointment to her house in Leicester-fields?
Muzard. I did come on that Saturday, between two and three o'clock in the afternoon.
Q. Who did you see?
Muzard. The prisoner.
Q. What did he say to you?
Muzard. I asked him where Mrs. King was; and he answered she was gone to Bath or Bristol.
A. Windsor. I lived with Mrs. King as a servant.
Q. Give an account of that Thursday you
A. Windsor. That was Thursday the 19th of February, I opened my mistress's parlour-windows.
Q At what time?
A. Windsor. About seven o'clock. As soon as I had opened her windows I went to the passage-door, and knock'd at it; there is a drop; the key lay on the dressing-table by a looking-glass; that is, the key of the street-door. I went into the room, and took the key, and she shut the door, and let the drop down directly.
Q. Did she say any thing to you?
A. Windsor. She asked me how I did; I said I was very poorly; she ordered me to open the other door, that is, the door of her bed-chamber, that opens into the parlour.
Q. How many doors are there to her bed-chamber.
A. Windsor. There are two. I opened it, then the fore-parlour was upon the latch. I light my mistress's fire, and at eight o'clock I went up into the prisoner's room. He asked me to go to the Haymarket with two letters, a guinea in gold, and a snuff-box, and bring him a pennyworth of snuff.
Q. How was he dressed then?
A. Windsor. He was dressed then in a gown, a mixture of red and green; I went down, and carried the box, and two letters, and the guinea, and laid them down on my mistress's table, and told my mistress what he desired me to do.
Q. Where was your mistress then?
A. Windsor. Then she was in bed.
Q. What did she say?
A. Windsor. My mistress said, Nanny, you can't go, for here is no-body to answer at the door. I told her Mr. Gardelle would come down and sit in the parlour till I came back again, and answer at the door for me.
Q. Did Mr. Gardelle tell you he would do so?
A. Windsor. No, I told my mistress that of my own accord; then I went to him, and told him of it, and he said he would come down and answer the door till I did go; accordingly he did come down.
Prisoner. That is all true.
A. Windsor. I went out, and left him in the parlour, he had two books in his hand; as I went out at one door he came in at the other. I carried the two letters, one to Mr. Mozier in the Haymarket, and the other to the next door.
Q Who let you in again when you returned?
A. Windsor. I let myself in again, I carried the key with me, I did not stay for an answer; I went to the snuff-shop, and paid three shillings and nine-pence out of the guinea, and came back again, I really believe, in about a quarter of an hour. When I came back I could find no-body. I unlocked the door, and let myself in, and went into the parlour, there were two books laying, I saw no-body. I laid down the snuff on the table, and the change, and went into Mr. Gardelle's room, up two pair of stairs, and I could find no-body.
Prisoner. I had fainted away, and lay on the ground, near the deceased.
A. Windsor. I went into every room in the house except my mistress's bed-chamber, I never used to go there unless I was rung for, or called for.
Q. When did you see the prisoner?
A. Windsor. After I had been in his apartment I came down again, and I could find no-body; I made my water boil, and made me a bit of toast, and sat down, and soon heard somebody walk over my head.
Q. Where did you suppose this person was walking?
A. Windsor. I sat in the kitchen, and they seemed to be walking in the parlour or passage. I heard them go along the passage, and up stairs, but did not see them.
Q. Did you observe where the person came from?
A. Windsor. I did not take any notice of that: after I had done I went into my mistress's parlour, and stirr'd the fire against she got up; then I went up stairs into Mr. Gardelle's room.
Q. Did you see the snuff and change when you went into the parlour?
A. Windsor. No, they were gone then.
Q. What was your business in his room?
A. Windsor. I went there on purpose to clean the room out in a proper manner, in the way I used to do it.
Q. What time of the day might that be?
A. Windsor. This was between ten and eleven o'clock.
*** The Last Part of these Proceedings will be published in a few Days.
NUMBER IV. PART II. for the YEAR 1761.
Printed, and sold by J. SCOTT, at the Black-Swan, in Pater-noster Row.
M. DCC. LXI.
King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.
Q WAS Mr. Gardelle in his room then?
A. Windsor. No, he was not; he came down stairs out of the garret.
Q. Do you know his business there?
A. Windsor. No; I do not know any business he had there. When I saw him first, he blushed vastly, and had a little bump over his eye, and a black patch over it; he came down from the garret, and went down to his bed-chamber.
Q. How long did he stay in his bed-chamber, before you saw him?
A. Windsor. He staid there the space of an hour, before I saw him; he wrote a letter, and sent me with it into great Suffolk-street, afterwards.
Q. Had he that bump over his eye when you went out?
A. Windsor. No; then he had no blemish at all; but when I came home again, he had a great bump over his left eye, and a black patch over it, as big as a shilling; this was at the time of his blushing.
Prisoner. That is true.
Q. How was he dressed then?
A. Windsor. He had changed his dress, and put on a scarlet one.
Q. Was this the first time of your seeing of him after your return?
A. Windsor. It was; when I went out he was in a green and red night-gown.
Q. What did he say to you?
A. Windsor. He sent me to Great Suffolk-street, next door to the Feathers, to a gentleman. I said, Must I stay for an answer? I went directly. The gentleman said he would be there in the evening.
Q. How long was you out this time?
A. Windsor. This, was as quick as possibly I could go; I could not be a quarter of an hour.
Q. Where was he when you came back?
A. Windsor. Then he sat in the fore-parlour.
Prisoner. That is very true.
A. Windsor. I told him the gentleman would be there in the evening. Then he said to me, One gentleman has been in the room with your mistress, and your mistress is gone out with one gentleman in a coach.
Q. Did he speak to you in English?
A. Windsor. I did not understand French. He told me as this; one gentleman had been in your room with your mistress, your mistress is gone out in a coach with one gentleman. This was from his own mouth.
Prisoner. I don't know whether I did say so; I may have said it, but with the hurry and confusion I was in, I cannot tell whether I did or not.
Q. Did you look at your mistress's bed-chamber?
A. Windsor. I did, and saw it was locked.
Q. Did you look at the door in the passage?
Q. Did you carry any other message for him that day?
A. Windsor. About three o'clock, or between two and three, he wrote a letter, and sent me to the Eagle and Pearl in Suffolk-street; he was upstairs and down all the day. I asked Mr. Gardelle, Must I stay for an answer? He said, if I could not see the gentleman, I was to bring it back again. I went; the gentleman was called down to me. He read the letter, and called me to his apartment, and asked me if I knew of Mr. Gardelle's discharging me. I said, no. He said, Mrs. King was gone out, and gave him orders to discharge me, for she was to bring a woman home with her. I was surprized, and smiled; and said, My mistress is not out, I have been at such a place, and when I came home I did not see her; though she has had neither breakfast nor dinner, and I am positive she is not gone out. I said I was but so far as the Hay-market, and when I came home I could see nobody.
Q. Did you mention this then?
A. Windsor. I told this to Mr. Broshet.
Q. Had you any farther discourse?
A. Windsor. He asked me if I could write: I said, no: he said, If I would sign it, he would write me a receipt, and I was to give it to Mr. Gardelle when I was paid. I signed it, and he gave it me.
Prisoner. Things may be so, but I don't know.
A. Windsor. Mr. Gardelle paid me, and I returned to the place where I came from to Mrs. King's, and told my former mistress of the affair. She was surprized to see me.
Q. What time of the day was it that Mr. Gardelle paid you?
A. Windsor. I came back to Mrs. King's about three o'clock, and staid there till between six and seven; then Mr. Gardelle discharged me, and I gave him the receipt.
Q. During that time did you see your mistress?
A. Windsor. No, I never did.
Q. What money did he pay you?
A. Windsor. He paid me six shillings.
Q. How long had you been there?
A. Windsor. I had been there only a fortnight and two days.
Q. Where was Mr. Gardelle when you came in at three o'clock?
A. Windsor. He was sitting in the parlour, and another gentleman with him.
Q. Do you know the person's name that was with him?
A. Windsor. No, I do not.
Q. Did you see any body else?
A. Windsor. No, nobody: Mr. Wright's servant came in directly as I went out.
Q. Who is Mr. Wright?
A. Windsor. He is a gentleman that lodged in the first floor at Mrs. King's.
Q. Did you say any thing to Mr. Wright's servant of your going away?
A. Windsor. I said to him, I went as far as the Hay-market, and when I came in I could see nobody. I said Thomas, when you go in, you'll see my mistress come out of her bed-chamber, for she has not eat nor drank to-day.
Q Where was this?
A. Windsor. This was at the door as I went out.
Q. Did you, while you was in your mistress's service, at any time, leave any blankets or sheets, or curtains, in a tub of water?
A. Windsor. No, nothing at all of that sort.
Q. Are you a person that can give an account of the shifts belonging to Mrs. King?
A. Windsor. I am.
Counsel. Then you will be called to that presently.
Q. Had you had any quarrel with your mistress?
A. Windsor. No, none at all; I was surprized at my being paid off.
Q. What was your reason for thinking she would not see you?
A. Windsor. My mistress was a very merry gentlewoman, and I did think Mr Gardelle had been bold with her; and I did tell my former mistress of this, that I thought she was ashamed to see me, and so turned me off.
Thomas Pelsey sworn.
Pelsey. I am servant to Mr. Wright: my master lodged at Mrs. King's in Leicester-square.
Q. What apartments had he there?
Pelsey. He had the first floor for himself, and the garret for me to lie in.
Q. Do you remember any thing that happened in the month of February?
Pelsey. My master had taken the lodgings about four or five weeks before this thing happened: he took the lodgings the day after Christmas-day: he was ill, and his mother came to him, and desired he would not stay there, but go home to Grosvenor-square till he was better.
Pelsey. He went home on the 12th of February, and staid till the 19th.
Q. Where did he go?
Pelsey. To governour Binyon's in Grosvenor-square. On the 19th I was to go in the morning, to let them know we were coming there, to have the beds ready. I went there about one o'clock in the afternoon, and told the maid at the door, but did not go in. Then I went in the evening, and told the maid that my master and I were coming at night, and to have the lodgings ready. Then I went away, and returned to Mrs. King's about seven o'clock at night. When I came to the door, the maid had her box at the door; she had her things packed up.
Q. Who is that maid?
Pelsey. The last witness.
Q. What discourse had you?
Pelsey. I said, for God's sake, where are you going? She said, she was going away, that the Frenchman had discharged her, and given her five or six shillings over. She said her mistress had been in her bed-room all day, and had had neither victuals nor drink; and if I would stay awhile after she was gone, I might see her come out. The Frenchman said she was gone out to hire a servant. I could not stay, but went out with her when she went out with her box. I came back again to the house that night, about eight or nine in the evening. I went up into my room (the garret) and staid there till ten or eleven: then I came down to the parlour; there I found the prisoner sitting. I asked him if Mrs. King was come home, or who must sit up for her. He said he would stay one hour longer.
Prisoner. All this may be.
Q. Did any thing more happen on that Thursday night?
Pelsey. No, not as I know of.
Counsel. Now we come to Friday morning.
Pelsey. When I came down stairs on Friday morning, I asked the prisoner whether Mrs. King was come home, or not. He said, No, she was not come home, but she had been, and was gone again.
Q. What language did he speak this in?
Pelsey. He spoke this in broken English, so well as I could understand him. I asked him how he came by that scar on his eye; he said, by cutting some wood, to light the fire in the morning, something had fell against his eye and cut it. Then I left him, and went about my master's business; I was mostly out in the day time, and came back in the evening (this was Friday) I did not see any thing more that evening.
Q. Who let you in, when you came home?
Pelsey. The prisoner did; there was no body in the house but he.
Q. Had you any conversation with him that night?
Pelsey. I cannot say I had; I went to bed directly. I came down usually to ask him, whether he sat up to wait for Mrs. King.
Q. Did you that night?
Pelsey. I did; and he said, he would set up for Mrs. King, or something of that sort.
Q. Did you see the prisoner on the Saturday morning?
Pelsey. I did; and asked him where Mrs. King was gone too; he said, to Bath or Bristol.
Q. Did any thing more happen that day?
Pelsey. I came back at night, and I believe he let me in; but I cannot say I had any conversation with him that night. I went as usual to bed; but I cannot be sure whether he let me in, or whether I took the key with me, to let my self in on the Saturday night.
Q. Did you see any lady in the house on the Saturday night?
Pelsey. I cannot say, there often were people came to see him or Mrs. King.
Counsel. Now we come to Sunday morning, what happened then?
Pelsey. Nothing the whole day, till I came home on the Sunday night; then the door was open, and there were three or four of those gentlemen that used to go backwards and forwards. Soon after I looked back, and saw two women come in; they went up stairs, and supped in his room.
Q. Had you any conversation with him that night?
Pelsey. No; I had not.
Counsel. Now what happened on the Monday morning.
Pelsey. On the Monday morning I came down stairs, his room door stood open. I look'd in, and saw a pair of ruffles and a necklace laying on the table in his room.
Q. Where was his room?
Pelsey. His room was up two pair of stairs. I had been down stairs a little while, and I heard the woman, that I supposed lay with him, in the parlour. The chair-woman went up to her; she said to her, if the footman should ask who I am, tell him I am come to be in the house in the room of Mrs. King, or for Mrs. King.
Pelsey. I believe I had not.
Q. Had you any at night?
Pelsey. On Monday night I asked him where Mrs. King was; he said, Bath or Bristol, he did not know where, or something to that purpose. I went down as usual, to ask him if Mrs. King was come home, or whether he would sit up; then he told me that. I saw a knife lying on the table, I asked him what that was for, he made me no answer; (he always differed at times about where she was) then I went to bed as usual.
Counsel. Now on the Tuesday morning?
Pelsey. Going up stairs to my master's room, I asked him what that was that smelt so; (he was going to shove up the sash of the window on the stair-case) he said, somebody had put a bone in the fire. I asked him again at night, when Mrs. King came home, or whether he knew any thing of her. He said, Me know not Mrs. King, she gives me a deal of trouble, but me shall bear of her Wednesday or Thursday.
Prisoner. In that confusion, I do not know what I said myself.
Q. Did you see the prisoner any part of the day on Tuesday?
Pelsey. I really cannot say what time I saw him; but I asked him if Mrs. King was come home, or if he had heard from her. He said, Mrs. King come home on Thursday or Friday. He said nothing more about her on Friday; but, as usual, I asked him about sitting up.
Q. What was his answer?
Pelsey. That was as usual; he would sit up; then I went to bed as usual.
Counsel. Then, on Wednesday morning, had you any conversation with him.
Pelsey. Nothing happened on the Wednesday.
Counsel. Then what on the Thursday.
Pelsey. I might see him on the Thursday. Thursday night I came home as usual, there was the chair-woman; I heard her say something about blankets, that were in the tub. I asked her if she had examined them; she said no. I asked her if the prisoner was at home; she said no. Then I said we will go and look at those blankets; we both went. She pulled one blanket partly out; and said, she was afraid of pulling a child out. I set down the candle, and said, if she could not, I must. I pulled out two blankets, two sheets, a coverlid, and a bed-curtain.
Q. Where was this tub?
Pelsey. In the back wash-house; this was on Thursday night.
Q. Do you know to what those blankets, sheets, and curtains belong?
Pelsey. I said to the chair-woman, this is very odd, how these things should come into the tub; this curtain is none of his curtain, for his bed-curtains are blue and white, and these are red and white; my master's were red and white, but they are all up. But I will go and ask the maid, that he discharged, if I can find her, whether she put these in the tub.
Q. What did the water appear like?
Pelsey. The water stunk, and was so thick that we could not perceive what stains they were. We put them all in the tub again, and left them in it; this was the Thursday night.
Counsel. Now on Friday morning.
Pelsey. On Friday morning I came down about half an hour after ten, thinking to let the chair-woman in. When I came to the kitchen-stairs, the curtain was hanging on the bannister.
Q. What curtain was that?
Pelsey. That was the curtain that I had taken out, and put into the tub again, the overnight. I looked down stairs, and saw the prisoner just come out at the washhouse-door, where the tub stood. Then I went back again, and went up stairs, and staid till the chair-woman came and knocked at the door. I opened the door, and asked her, whether she had hung the curtain there, or meddled with it after we went to bed. She said no. She went down stairs, and looked in the tub; and said, some body had been wringing out the sheets. Then I went soon afterwards, to see for Ann Windsor , and asked her whether she knew any thing of putting those things in the tub, and told her what they were. She said, she did not put them in, and knew nothing of them. After I foun d she was frighted as much as I. I went and told my master of it.
Q. Where was your master then?
Pelsey. He was at a gentleman's in Castle-street.
Q. Had he laid in the house of Mrs. King since your return there?
Pelsey. No, he had not, never a night; then my master came and examined the prisoner. I know nothing more of my own knowledge.
Prisoner. I put them in, and I myself did take them out.
Sarah Walker sworn.
Q. Did you know the prisoner at the bar, when he lodged at Mrs. King's?
S. Walker. I did.
Q. Did you lodge there?
S. Walker. I did, from Saturday till Thursday.
Q. When did you go first?
S. Walker. I went on Saturday night.
Q. What day of the month was that Saturday?
S. Walker. I cannot tell that, it was when the prisoner was in the house.
Q. Give an account of your first going there?
S. Walker. I met two gentlemen in the Hay-market, they asked me to go and drink tea; I said, I was going to look for a lodging; coming cross Leicester-fields, the two gentlemen said, madam, the gentlewoman is gone out of town, will you go in and drink tea here? I went in and drank tea with them.
Q Was you acquainted with them before?
S. Walker. No, I never saw them before; there was application made to me to stay with Mr. Gardelle. The other gentleman said, Mrs. King had discharged the servant; the prisoner made an apology, and said, the house was very much in confusion, as there was no servant; and Mr. Mozier asked me, if I would take care of the house.
Q. Who is he?
S. Walker. That is the gentleman that was the first evidence.
Q. Was the prisoner present and consenting?
S. Walker. He was; and he said, he would make up a bed for me. He asked me what my business was. I said, I worked plain work; he said he had some shirts to mend, and he would make me amends, if I would stay, and mend them for him.
Q. Was there any agreement of any particular sum of money?
S. Walker. No, none at all; that night I lay there. On the Sunday morning the prisoner got up between seven and eight, and left me in bed.
Q. In what room did you lie?
S. Walker. In his room, up two pair of stairs: he said, it was too soon for me to rise, and I fall asleep again, and slept till almost ten. I got up, and put my cloaths on, and went down stairs; then the prisoner was making the parlour-fire. He spoke to me the night before, to get a chair-woman; and said, Mrs. King was gone out of town. I told him, I thought it was very odd she should go out of town, and leave no servant. He desired me to get a chair-woman, and said, he would allow one a shilling a day; I believe he was so confused he never asked me to stay breakfast. I went home and spoke to the woman of the house where I was a lodger, and asked her, if she could tell me of any body of a good character, to go a chairing; she said, she did not know any; at last I hired Mrs. Pritchard.
Q. Did he give you any directions what to say to Mr. Wright's servant?
S. Walker. That was I believe on the Monday.
Prisoner. It is true.
S. Walker. I carried Pritchard to the house, and there she was till the Saturday following.
Q. Did she lie there on nights?
S Walker. No, she never lay there. On the Sunday or Monday he brought me some new cloth, to make some shirts I sat down and made them. He told me, if Mr. Wright's footman should ask the chair-woman who I was, she was to say, I was some relation of Mrs. King's; this I was to tell the chair-woman, to tell him so.
Prisoner. I do not know that I did say so; because I do not understand English enough to express it. May be I did make her understand it.
Counsel. Now on the Tuesday.
S. Walker. On the Tuesday I went on mending his shirts; but on the Tuesday night he said to me, Is it not time to leave work? He said, he should sit up till Mrs. King came home, and he would have me go to bed, which I did. On the Tuesday night I went to bed, and slept till about two. I awaked, and found he was not in bed. I went down stairs, and saw him standing on the stairs. He looked up to me; I said, Sir, I thought you had been asleep; he said, No madam, me ben to tak a walk. And said something he had been like to have been taken up by the watch, or something that had happened.
Prisoner. This is true; I had been hiding part of the limbs of that poor creature.
Counsel. Now on the Wednesday.
S. Walker. He gave me directions on the Wednesday morning; he said, If any body comes, me will not be at home. I was at work in the parlour,
Prisoner. I recollect giving her something, but I cannot tell what. [Two shifts produced in court.]
S. Walker. These are the shifts he gave me.
Q. to A. Windsor. Look upon these shifts, do you know them?
A. Windsor. I cannot particularly say, but I believe they are Mrs. King's shifts; they are very like the shifts that I have washed and ironed for her.
Q. to S. Walker. Were they clean when he gave them to you?
S. Walker. They were.
M. Pritchard. Mrs. Walker sent a washerwoman to me, to come to be hired. I went to her on Sunday in the afternoon, there were two or three gentlemen, and two gentlewomen, when I came in. The prisoner made the bargain with me for 12 d. a day, victuals and drink. I told him, I could not do any thing that day, but asked him if he had any beds to make. He went up stairs with me, and staid by me while I made his bed. They all went out together, after he came down with me.
M. Pritchard. She was.
Q. What room was that bed in?
M. Pritchard. It was in the two pair of stairs room; they went out to dine, and bid me take care of the house, till they came back again. He came back again in a little time, and said, has any body been enquiring for me. I said no, Sir; he went out again, and did not return till past ten o'clock I believe. Then I asked him if he had any thing more to do with me; he said no. I asked what time I should come in the morning; he said, eight o'clock will be time enough. I went away, and returned on Monday morning, and went about cleaning the house, and made a fire in the parlour, and another in the kitchen, and set the tea-kettle on; by that time he got up. Then I went about cleaning the kitchen.
Q. Had you any conversation about any thing on the Monday?
M. Pritchard. No. On the Tuesday I wanted water. The water was gone out of the cistern; I took a candle, and went into the back-kitchen, and saw a water-tub; I went back again, and fetched a pail out of the fore-kitchen. I pulled the spiggot out, it ran a little; I got upon the ledge and put my hand in, and felt something soft. I went and fetched the poker and pushed it in, and had water.
Q. Where is the cistern?
Pritchard. That is in the fore-kitchen.
Q. Where did you feel something soft?
Pritchard. In the water-tub. I asked the footman what sort of a gentlewoman this was that kept the house, and told him there were a great many things in the tub.
Q. What footman was this?
Pritchard. Mr. Wright's footman. The first opportunity we had, I don't know whether it was Wednesday or Thursday night, Mr. Gardelle being out, the footman and I took two candles and a chair, and got these things out of the water-tub.
Q. What things were they?
Pritchard. There were three blankets, a pair of sheets, and a curtain. We shook them, and looked at them, and put them into the tub again. The next day he found the maid that had liv'd there.
Q. What became of the things afterwards?
Pritchard. They were wrung out of the tub by degrees.
Q. Do you know any thing of the curtain? Was it like any other curtains you had seen there?
Pritchard. When I came on the Thursday morning, that was hanging on the bannisters of the kitchen stairs. It was not like any that I had seen, to take notice of.
Prisoner. All this is true.
Barron. I was present when the prisoner was apprehended.
Q. What past before the justice?
Barron. That was on Saturday the 28th of February. We suspected, from the information Mrs. King's maid and Mr. Wright's footman had given, that Mrs. King had been murdered; I thought proper to take the maid, A. Windsor, before the justice, to make her deposition, in order to get a warrant to apprehend Mr. Gardelle. The
Q. Was his bureau lock'd?
Prisoner. I believe all this to be true.
Q. What became of that shift?
Barron. It was brought before justice Fielding on the Saturday night, with the rest of the things, that is, blankets, sheets, curtain, and the shirt, they were put in the coach with the prisoner, and carried there together. [A shift bloody produced. ] I swear this is the shift that was found in his room. [ A shirt bloody produced. ] I swear this is the shirt I took out of his bureau.
Q. to A. Windsor. Look at the shift, did you ever see it before?
A. Windsor. I aired this shift for Mrs. King to put on, on Wednesday night, when she went to bed, to lie in.
Barron. On Monday Mr. Fielding desired I would attend some people that were to examine about the house. We had a carpenter with us. He pulled down a place, and I saw taken out the contents of the bowels of a human body from the necessary.
Q. When was this?
Barron. This was on Monday the 2d of March.
Q. What are you?
Barron. I am an apothecary.
Counsel. Then you can tell whether they were the bowels of a human body or not?
Barron. I am sure they were what came out of, or was part of a human body. Upon searching farther, in the cock-lost there were the parts of generation; there was a breast, part of a body and bones, this was between the garret and the cieling.
Q. What else did you find in the garret?
Barron. I saw, where there had been a fire, there were many pieces of human bones burnt. I know them to be such; and I handled several other bones of a human body. I both handled and saw them.
Q. Where was this?
Barron. This was in the garret in the fireplace.
Prisoner. I shall have several things to say with regard to these linnens.
Mr. Perronneau sworn.
Q. Do you know the prisoner at the bar?
Perronneau. I do.
Q. Did he at any time send a box to you?
Perronneau. He brought a box to me under his coat on the Thursday before he was taken up, at about eleven in the morning. [Producing an oval chip or shaven box. ] He said to me, sir, will you be so kind as to keep this box for me, because I am uneasy to leave it at Mrs. King's, because she is gone to Bath.
Q. What did he say was in it?
Perronneau. He said it contained colours of great value, and which he was very careful of.
Q. Was it tied down?
Perronneau. No, it was not. I did not look into it till the Sunday morning that I heard he was taken up; then I opened the box, and there I found a glove, in which was a gold watch, a chain to it, a pair of bracelets, and ear-rings. Produced in court.]
Q to A. Windsor. Look at this glove.
A. Windsor. I saw Mrs. King wear such gloves as this; but I can't swear this is one of her gloves.
James Gardner sworn.
Q. Look at this gold watch.
Gardner. This I believe to be the property of Mrs. King. I have seen it many times hanging up in her chamber.
When I told the maid to go for the snuff, I came down and thought she had been gone. She came up to me, and told me, her mistress said, who shall open the door while you are gone? I wanted snuff, I had not any; I had given the last to Mrs. King. This was the only cause of my sending her out that morning; and, perhaps, I pressed the maid the more earnestly to go as I had none, and was desirous of having some; Mrs. King never having objected to my sending the maid out in the morning, I thought it the more extraordinary and hard in her to hinder her from going out, I imagined she would not be out long, as the messages I sent her on were not a great distance, the two messages being within a door or two of one another. Being in the parlour I took up a book, intending to read, I found it to be English, I laid it down, and went to take up another, which was a French grammar. Mrs. King hearing me walk, as I went from one end of the room to the other, she called out, Who is there? and, at the same time, she opened the door. The grammar lying on the table near her room-door, at the time she opened it I was just by the door, going to take up the grammar. When first she opened the door she seemed rather to be on the smile, and said something to me, and said some harsh thing to me; for w ant of other words, I said to her, impertinent woman, in English, for want of understanding the language. Upon that she grew in a passion, grew red in the face, and gave me a blow here (putting his hand to his side below his left breast) which was more violent than I could have expected from the hand of a woman. Having struck me that blow she drew back again, and I gave her push, rather out of contempt than intending to give her a blow; the push that I gave her, tho' not violent enough to throw her down, but her foot hitch'd in the oil-cloth that was nailed to the floor, and she lost her perpendicular posture, she was still within the door between one and the other, she had a violent fall, not keeping an equilibrium, and her head hit against the corner of the bed. My next motion was to stoop to her to raise her up; I gave her all the tokens I could of being sorry that accident happened; but by the motions of her arms, and by her voice, which was very weak, she refused my assistance, and by her cry she seemed to accuse me of something criminal that frightened me; but, notwithstanding that, I again offered to assist her to raise her up. With the thoughts of appearing criminal frighted me to a great degree. I thought I should be brought before judges to be tried for a criminal act. I endeavoured, by divers means, to raise her up, because she bled a great deal at her mouth. The bleeding was not continued, but like as a person reaches from different returns of the stomach. I then tried, finding that she continued to oppose me in that manner, by threats, to see if I could prevail with her to let me assist her; I then took from the table an ivory or horn, or something or other, it was a broken thing; I threatened her with that; she still continued bawling, notwithstanding my threats. I held it in my left-hand in a kind of despair. I thought within myself, was it possible a woman could bear such malice, and be in the condition she was! That blow was given with so little force, so little strength, so little vigour, that it would be only as letting my hand fall upon the part, that was the reason, as I had no such intention, I was almost mov'd to aggravate my own crime. I look upon even that motion as criminal, but I ought not to have attempted to have lifted up my hand against her; but, that blow did not pierce the skin, for there was no point to that thing that I held in my hand; it was something very thin, but the blood gushing from her mouth stifled her crying, for her cry grew fainter and fainter. Before I let my hand fall upon her, her cry began to be much fainter than at first. To be sure I had a criminal thought, for, after I had done this here, the only thought I had in my mind was, should I have been the cause of this woman's death, there could be no crime in it, for she is a bad woman in herself. I don't disguise any thing at all, for I tell every thing as it was. I found myself giddy, and ready to faint away, and my eyes grew dim, and I lost my understanding. I drawed the bed cloaths and the sheet from off the bed, to put them under her, to stop the effusion of blood, and at the same time I swooned away. I came to myself again, and then I went out of the room; and, being staggering and reeling, my head hit against every thing that I came near. From that moment all the thoughts of my mind have been disturbed, and in the hurry of my mind I don't know what I did, or what I said. Sometimes I thought of flying, and sometimes of not flying. I was in such a condition I did not know what to do; and that night I tried
Court. Do you desire he should be called?
Prisoner. Yes. I desire he will say all he knows, either good or bad.
Perronneau. About 15 years ago I knew the prisoner in Paris, he came and lodg'd where I did, he was a very good-natured humane man when I knew him
Q Have you been acquainted with him within these 15 years.
Perronneau. I went some time ago to France, then he was there, and I saw him very frequently. He had copied some things that I had done. I am in the same way as he is, an enamel painter.
Prisoner. I should have many things to say since the accident.
Court. Have you any thing to say with regard to the accident itself?
Prisoner. No. I think I have explained the whole affair.
Guilty Death .
Being asked what he had to say why sentence of death should not be past upon him, he answered,
Prisoner. I have no reason to offer; but, that the accident was not voluntary. I had no intention to murder this woman, it came by accident. What I did afterwards with the body I look upon to be more wicked than what I did by giving her the blow.
He received sentence immediately, this being Thursday, to be executed on the Saturday following, being the 4th of April, and his body to be dissected and anatomized.
After the sentence the prisoner said, Collecting all together, I acknowledge I deserve what I have inflicted upon me. He was executed in the Hay-market, near Panton street , and his body hang'd in chains on Hounslow-heath.
148. (M.) William Darwell , was indicted, for that he, on the 25th of February , about 4 in the morning, with a certain gun, value 5 s. charged with gun powder and a leaden bullet, which he had and held in his right-hand, at and against John Lee did discharge and shoot off, well-knowing the said gun to be charged, and him, the said John Lee , on the left side, a little below the small ribs, wilfully, and of malice aforethought, did shoot, giving to him one mortal wound, breadth half an inch, and depth four inches; of which wound the said John did languish till five in the afternoon, and then died; and the indictment charged that he the said John Lee , in manner and form aforesaid, did kill and murder . He likewise stood charged on the coroner's inquisition for the said murder.
Q. Where did they set out from?
Pitt. From the George in Long Acre.
Q. Tell the court what happened.
Pitt. We set out about three in the morning, and stopped at Islington turnpike, they got out of the chaise, and went into the turnpike-house, and staid there till a coach came up.
Q What coach was it?
Pitt. It was the Warrington coach. Then they told the coachman they were a guard for that coach, and they got into the chaise, and followed the coach behind. Going up from Holloway , before we came to the stone, going up the hill, a highwayman came up full trot. He bid me stop three times before I did.
Q. Did you stop?
Pitt. I did. He said, You dog, if you don't stop immediately, I'll blow your brains out He turned from my horse's head, and drove his pistol thro' the wooden blind of the chaise; and said, Gentlemen, your money directly, or I'll blow your brains out. Directly they let fly a blunderbuss in the highwayman's face. He fell back and recovered himself again, and made off from the chaise towards London again.
Q. Which way did he come, when he came to you?
Pitt. He came from towards London, I believe; he turned his horse's head about, and fired a pistol. The ball came over the top of the chaise, and came against the side of my cap.
Q. What machine was it?
Pitt. I do not know, it was a coach with a set of horses in it. Mr. Darwell and Pentelow were before; they called to me, and bid me ask the coachman whether they had been stopped by a highwayman; and accordingly I did, when I came up to them, and they past me some way.
Q. Which way were they going?
Pitt. They were going from London, and I was coming towards London. There was a man on horseback, which is the ostler, came past me, on the left-hand of the coach, to know what was the matter, and turned towards my horses heads; directly one of them let fly at him.
Q. How near the coach, or machine, was the ostler then?
Pitt. He was then behind it.
Q. How far behind it?
Pitt. Two or three rods. Then they left me and my horses, and I had enough to do to take care of them.
Q. Who let fly at the man?
Pitt. I cannot tell, I did not see who it was.
Q. Was it a pistol, or not.
Pitt. I cannot tell, I only heard the report of the thing.
Q. What became of the ostler?
Pitt. I saw him go back to the coach, and heard him say to the coachman, Lord have mercy upon me, my arm is broke all to pieces. I went on, and overtook them.
Q. Did they walk or run?
Pitt. That I do not know, I had enough to do to take care of my horses. When I came up to them, they asked me what the man said: I told them he says his arm was broke all to pieces.
Q. What did they say to that?
Pitt. One of them said, The Lord have mercy upon me! Then they said, John, now you may go home to your master as fast as you can, and take no notice of any thing. Coming through Islington I found one of my horses went lame; I got down to see what was the matter, and found he had lost a shoe. I was obliged to have one set on at the White lion at Islington.
Q. Whereabouts was this that the firing was?
Pitt. This was in the hollow of the hill.
Q. What time of the morning?
Pitt. It might be about five o'clock.
Q. What time did you stop at the turnpike?
Pitt. That was about four.
Q Was there any house near you?
Pitt. There was one, I believe, within a quarter of a mile.
Q. Was it light enough for you to distinguish what kind of a man it was that stopped you?
Pitt. As high as I can guess, he was upon a little black horse.
Q. What size man?
Pitt. A middle size man, a thin man.
Q. What coloured cloaths?
Pitt. I cannot tell that.
Q. Did you never hear Darwell describe the person?
Q. Have you yourself described the highwayman's cloaths before justice Fielding?
Q. Did not you hear Darwell declare before justice Fielding what kind of man it was?
Pitt. No, I do not remember that.
Q. How was the ostler dressed?
Pitt. Upon my life I do not know, I took no notice about that.
Q. What were the words you made use of to the coachman?
Pitt. I called out to him to know if they had been stopped.
Q. Did you not call to them to stop?
Counsel. You say the highwayman broke the blind?
Pitt. Yes, then the highwayman said, Your money directly, or I'll blow your brains out.
Q. What happened upon that?
Pitt. Then Mr. Pentelow let fly directly in his face, and he turned for London.
Counsel. Then you say afterwards you met this machine.
Q Mention what past as near as possibly you can recollect it?
Pitt. The ostler turned round on my lefthand, and went past my horses heads, and turned towards Mr. Darwell.
Q. Do you know what his design was in turning round?
Pitt. That I cannot say, I imagine he turned round to ask what had passed.
Q. What sort of a horse was that man mounted on that came up to your chaise?
Pitt. A black one.
Q. Was it like the ostler's horse?
Q. Had the ostler any pistol in his hand?
Pitt. Upon my life I saw none at all.
Q. What did he say?
Pitt. I did not hear him say a word; then it was the pistol went off,
Q. How many reports did you hear at that time?
Pitt. There was only one report; but I cannot tell what it was with, because the horses were frightened.
Q. Were Mr. Darwell and Mr. Pentelow separate, or together?
Pitt. They were both there; but I cannot say whether they were separate, or together.
Q. Between that and Highgate were you stopped?
Richardson. No, Sir.
Q. In what manner was your coach travelling on?
Richardson. They were on a trot; I was on the right, along-side of the horses, as near as I can imagine, between the leaders and the wheel-horses.
Q. Did any thing interrupt you?
Richardson. Nothing hindered us till we came to Holloway.
Q. What was the first thing?
Richardson. I saw a chaise standing in the road, and the boy on the horse; we were going a great trot by, somebody cried out, Stop. I cannot say whether it was the boy, or not. Stop was called by somebody. I turned my head round, and saw a flash.
Q. Did the coachman stop?
Richardson. He did a little time.
Q. Was nothing said to the coachman before the firing?
Richardson. Not a syllable, not to me or him.
Q. Was any thing said whether the coach had been robbed?
Richardson. Not a syllable in the world of that; before any body asked any questions, they fired.
Q. Did you receive any wound?
Richardson. I did, on the thick of my left-arm; and a passenger that was behind the coach, was shot through the body.
Q. What was his name?
Richardson. I cannot say what his name was.
Q. Was it Lee?
Q. Upon this, did the person that shot come to know, or say any thing?
Richardson. No, they went their way, I did not see any thing of them any more. After he had shot, and I received the wound, the man d - ed me, and bid me keep off. These were the very words.
Q. Did they attempt to seize you as a highwayman?
Q Who was it that fired?
Richardson. I cannot say.
Q. How many men did you see?
Richardson. I only saw one man, and the boy that was with the chaise; by all accounts it was the prisoner Darwell, but I cannot swear to the man.
Q How far distance was the man from you when he fired?
Richardson. About six yards.
Q. Did he fire directly, without asking any questions?
Richardson. He did.
Q. Did any other of them make use of any expression about guarding of you?
Richardson. No, I turned my horse about, and said, Gentlemen, what is the reason of all this? I am a guard to this coach.
Q. After Mr. Lee was wounded, what became of him?
Richardson. I saw the ball cut out of his side; he was carried to the Red Lion at Highgate.
Q. How long did he live after this?
Richardson. I cannot say how long.
Q. How was you dressed?
Richardson. I had a great coat on.
Q. What colour?
Richardson. A sort of lightish colour, and a fustian waistcoat; and also this red waistcoat that I have on now.
Q. Had you any arms?
Richardson. I had a pistol.
Q. How did you carry it?
Richardson. I had it in my right-hand, with my coat drawn over it.
Q. Did you hold your pistol in such a manner that they could see it?
Richardson. If they did see it, it was more than I knew; it was the contrary side to them.
Q. Are you sure you was along-side your horses when they fired?
Richardson. I am sure I was; perhaps I might be nearer the wheel-horses. I will not say I was quite forward.
Richardson. I cannot say whether it was a gun or a pistol, the hole in my coat may describe the size of the ball. I believe there were more balls than one, or there could not be that damage done. There was one grazed my side.
Q. What time did you set out in the morning?
Richardson. We set out about four o'clock.
Q. From where?
Richardson. From the Swan and Two Necks in Lad lane.
Q. What coach was it?
Richardson. It was the Leeds coach.
Q. Did you hear when you went through Islington, that the Warrington coach was gone by?
Q. Did you hear there was any guard to the machine?
Richardson. There was some talk, but I did not give any ear to it.
Q. Did you hear any firing before you saw the prisoner?
Richardson. No, none at all.
Q. Did you meet any body after you got through Islington, returning towards London.
Richardson. Yes, one man.
Q What sort of a person was he?
Richardson. We being so quick going by, I did not take any notice; but there was a man went by on the off side of the horses.
Q. Did he go a pace?
Richardson. He past me on a canter, pretty briskly, and we were on a sharp trot.
Q. What sort of a horse was he on?
Richardson. I cannot justly say, it was in the dark of the morning.
Q. What time might it be?
Richardson. It might be about five o'clock.
Q. Do you remember on the 25th of February last what happened?
Ashbourn. I do.
Q. Did you meet with any interruption between London and Holloway?
Ashbourn. It was at Holloway we met with a post-chaise; it stood still in the road; and as I came up to it, he that drove it spoke. I understood him to say, Stop.
Q. What pace were you going?
Ashbourn. We were going a pretty good trot.
Q. Had you a guard to the coach?
Ashbourn. The ostler was a guard to it, his name is Richardson.
Q. Where was he when you heard that word?
Ashbourn. He was a little way from the side of the coach, and but a very little way. When I heard the word I directly ordered my postilion to stop; and before I spoke to any-body, I heard a pistol, or something of a gun go off. Immediately the man cry'd out, Gentlemen, you use me ill, I am a guard to the coach.
Q. Was it light enough to discern the person?
Ashbourn. I could not know any-body, it was a little moon-light, but I could not know the men.
Q. How near the coach were they?
Ashbourn. They could not be a hundred yards from it, they were not I believe fifty from it.
Q. Did any body come up to you, and ask you if you had been stopt?
Ashbourn. There came a young man riding by; when the ostler called out I got from my box, and asked him if he was shot; he said yes, his arm was broke, and the blood was running down.
Q. Did you hear the men say any thing?
Ashbourn. I never heard a word from them to my knowledge, only somebody said, Stop.
Q. Was any body else wounded?
Ashbourn. Yes, a young man that was behind the coach was: there was a young woman by him, she called out to me to come and assist: I went and spoke to him, he did not answer; then I lifted him up, he spoke something which I did not understand; I helped him up, and he sat upright: the gentleman let us put him in the coach, and I ordered the postilion to drive to Highgate as fast as he could.
Q. How many men did you see?
Ashbourn. I am not certain whether I saw above one, but not to know him.
Q. Did they come up to seize the guard, as supposing him a highwayman?
Ashbourn. No, they did not.
Q. When did the ostler tell them he was a guard to the coach, before or after the firing?
Ashbourn. After the firing.
Q. Do you remember being stopt between London and the bottom of Highgate-hill?
Ward. I do.
Ward. There were two men in a chaise stopt the coach.
Q. What did they say when they stopt it?
Ward. I never heard them speak a word.
Q. Did you hear them call to the coachman to stop?
Ward. No, I heard nobody call?
Q. How fast were you going?
Ward. We were going a trot.
Q. Did you stop?
Ward. No, not till the pistol was off.
Q. Where was Richardson when the pistol went off?
Ward. He was by the side of the coach.
Q. Did any body come up to the coach, and ask any questions?
Q. Did any accident happen?
Ward. Yes, the guard was shot, and a gentleman's servant behind the coach was shot.
Q. Did you see either of the prisoners near you?
Ward. I cannot say I did.
Q. How near was the post-chaise to you at the time of the firing?
Ward. Just at my left-hand side, at a little distance, about the length of the horses, or thereabouts.
Edward Thorn . I know nothing of the accident, I asked Mr. Bishop, that lives in the Old Bailey, who was upon the road that morning; he said he believed Mr. Pentelow. I went to see Mr. Pentelow at Hick's-hall, I said to him, How came you to shoot? He said, I did not shoot, it was one Darwell that shot; that was the reason I came to know who Darwell was: he said he was at Mr. Fielding's. Then I went there. I asked Darwell how he came to be so rash as to shoot at the man that was guard to the coach; he said he did shoot him, and was very sorry for it, for he thought him to be a highwayman.
Q. Did he describe the highwayman?
Thorn. I did not hear him if he did.
Thomas Cook . I am a surgeon, I examined the deceased John Lee at the Red Lion at Highgate. I was called up between five and six in the morning: he and the ostler were both wounded. In examining Lee I found blood on his shirt, on the left-side: putting his shirt up, I found an orifice, thro' which a leaden ball had past, a gunshot wound; the man was weak and low. I, thinking the ball had past quite thro', went to look on the right-side. Upon examining the right-side I found no orifice, but found the ball lodged under what we call the integuments; upon which I cut upon it, and extracted it. I ordered the man immediately to bed, and gave him such things as I thought necessary, and waited on him two or three times that day: the last time was about five in the afternoon. I found his pulse excessive low, quite oppressed, and, in short, dying. I left him, thinking to call upon him again in an hour's time, and at my return the man was dead.
Q. What was the occasion of his death?
Cook. That bullet, that entered the cavity of the belly, and wounded some principal part there.
For the prisoners.
Justice Fielding. I had information made before me the 25th of February, of a highwayman that infested that road, and of a great many robberies committed on that road, and likewise of the Warrington coach being robbed the week before, and that it was extremely difficult to get a sight of the highwayman, and more especially when they take to rob stage-coaches. I have sent a person out with the coach to guard it. I desired Mr. Pentelow, who is a very worthy good man, to go with the other man, and to stop at the turnpike till the coach came up, and to see them safe to Barnet, as that road had been so infested. The information will discover the highwayman's horse to be exactly the same as the ostler rode, that is, as he has now been described.
Q. Did you send them there for any other purpose?
J. Fielding. No, for no other purpose in the world. When informations are brought to me of a road being infested, it is my constant practice to send out four, or five, or more persons, to patroll those roads all night, and they are paid accordingly.
Q. Was it several highwaymen that you sent these men out after, or one particular one?
J. Fielding. One in particular, the book will shew that, when it is read, better than I can from my memory.
Q. Do you remember any informations being given of any robberies being committed on the Barnet road.
Marsden. I do, a number of them. I remember two or three committed the way as they were attacked. There was a gentleman of Rotherham in Yorkshire robbed near the same place, and also the schoolmaster of Barnet, they all describe the same man; and the Warrington stage had been robb'd, I believe, the same week.
Marsden. They give an account of a little black or dark-brown horse, and a thin man; the schoolmaster of Barnet describes him as a thin man, that rides about ten stone.
Q. Do you know, after these informations were given to Mr. Fielding, that any directions were given to the prisoners concerning means to take the highwayman?
Marsden. Mr. Fielding sent these two persons out in this manner on that morning to guard this coach; and in case they should be attacked, to fire at the highwayman's horse, and endeavour to take him.
Q. Do you write down these informations directly from the persons?
Marsden. Sometimes they are sent by letter, then I enter them in this book that I have in my hand.
Q. Is there any description in your book of the highwayman that they went after that day?
Marsden. Yes, here is one from a person that keeps the Blue Bell in Market-street, who was robbed in a post-chaise, at the bottom of the first hill by Highgate, of a large old fashioned silver watch; he says the man was about thirty years of age, five feet, five or six inches, mounted on a black cut tailed horse.
Q Whether you do not know that you advertised that the Leeds machine travelled with a guard?
Marsden. No, I never heard it, nor I never knew any coach have a guard on horseback. I have known guards ride in the basket, but I never knew them to have pistols in their hands on horseback.
Darwell Guilty of Manslaughter , Pentelow Acquitted .
John Lewis . The prisoner at the bar was my servant , she got up in the morning to go to washing, and the things were given her to wash; they were missing, I went and found them at the pawnbroker's by the prisoner's direction.
Q. What is his name?
Lewis. His name is Spencer. She confessed she took and pawned them.
Q. What is he?
J. Spencer. He is a pawnbroker. The prisoner at the bar brought two shirts and three handkerchiefs, and pledged with me. (Produced in Court, and deposed to.)
I know nothing of the things.
The Prosecutor did not appear.
151 (L) Thomas Davis , was indicted for forging a certain order for the payment of money, with the name J. Stocker subscribed there-unto purporting to be subscribed by James Stocker requiring Joshua Mauger to pay four guineas to the bearer, meaning the said Thomas Davis , with intent to defraud the said Joshua Mauger .
He was a second time indicted, for forging another counterfeit warrant, for the payment of five guineas, directed to Jonathan Mauger , by the description of Capt. Mauger, and publishing the same, with intent to defraud; and also for forging the name J Stocker to a receipt for the payment of 9 l. with intent to defraud Joshua Mauger ++
Q. To what end did he deliver that to you?
Mauger. He had; the first order was for four pounds, which he said he had from James Stocker, to receive his prize-money; and he said Stocker was sick, and could not come himself. These four guineas were paid by my brother.
Q. What is your brother's name?
Q. Did you see the money paid?
Mauger. I did, I was present at the time.
Mauger. My brother is agent to the prize-money. My brother's name was not spelt right; instead of Mauger it was Majour; but many, by the pronunciation of it, spell it so.
Q. Did Stocker ever direct any notes to you spelt so?
Q. Have you ever letters directed to you in this manner?
Mauger. We have often.
Q. Did you know how Stocker's name was spelt?
Mauger. No, I did not at that time.
Q. Did you pay the prisoner any money?
Mauger. I did, upon that order for five guineas I paid that five guineas, and have got the prisoner's receipt for it.
Q. Upon whose account did you pay it?
Mauger. I paid it by the direction of my brother.
Q. What were his directions?
Mauger. They were, if Davis, or any body else came, for any money on Stocker's account, I was to pay it: this he did as Davis had received the four guineas of him first.
Q. Are you sure the prisoner is the man you paid the money to?
Mauger. I am, and I am sure he received the four guineas of my brother: here is a receipt for nine guineas also, which the prisoner brought ( Producing it.)
Q. What are you?
Q. As to the first note, did you see the money paid in consequence of that.
Q. Now as to the second note?
Austin. The five guineas I paid myself, by Mr. Peter's order; he was by when the prisoner came.
Q. Here is a receipt on the back of this, who wrote the body of it?
Austin. I wrote, it and I saw the prisoner sign it for five guineas; and the order that he brought for the five guineas acknowledge the receipt of the four guineas, that he had received before.
Q. Do you know Stocker's hand-writing?
S. Austin. No; I never saw his hand-writing, till the letter came from the Isle of Wight.
Q. Have you ever seen him write?
Smith. I have.
Q. Look upon these two notes, and the receipt for nine guineas.
Smith. These are not his hand writing.
Q. Look upon this letter ( he takes a letter in his hand.)
Smith. This is Stocker's hand-writing. ( The jury compare them, the writing differs much.)
Q. Was the prisoner ever on board your ship?
Smith. No, there was one Davis in the ship, but not the prisoner.
Q. Do you know how the prisoner came to be acquainted with Stocker?
Smith. No, I cannot say; neither do I know that he was.
Q. Was there any other person's name Stocker on board that ship?
Smith. No, there was not; there is on the receipt, I Stocker. I never knew Mr. Stocker write his Christian name, with a single I. He always used to write it at length, what ever I saw.
John Nelson . I was a shipmate to Mr. Stocker. It is my business here to prove Mr. Stocker, who is now in court (pointing to him) is the man to whom this money was due, and that he was the real master at arms, on board that ship.
The first order read to this purport.
The second read for the five guineas.
Signed J. Stocker.
The receipt read to this purport.
14th of March, 1761.
The person who lodged in the same house with me, was in the same ship, named John Jourdan , he begged of me to go with this message; accordingly I took this order, and went and took this money, and brought him it. Then he called upon me a second time, and I took the second order, and went likewise. The third time he came to me, and begged I would go. I said, I had no occasion to go on his errands, he might go himself. He said, the man is sick, and much desired me to go; he said, he sent to Mr. Mauger, and Mr. Mauger said, he would not pay any body, except he came himself, or the man that brought the first order. He is since fled; I sent the constable after him, and I fancy he apprehended what I wanted.
Guilty of publishing it . Death .
152. (M.) Elizabeth Drinkwater , and Harriot Hand , spinsters , were indicted for stealing three linnen gowns, value 15 s. one stuff-gown, value 2 s. two linnen shifts, value 18 d. one pair of stuff-shoes, two pair of cotton-stockings, two linnen aprons, one sattin cardinal, and one hat , the property of William Saunders , March 31 . ++
Q. Mention them.
S. Saunders. Three linnen gowns, a stuff-gown, two linnen shifts, a cardinal, and a hat.
Q. Did you ever meet with them again?
S. Saunders. I found them on the two prisoners backs when we took them; some on one, and some on the other.
Q. Did you know them, or either of them, before?
S. Saunders. Harriot Hand lived servant with me.
Q. What had she upon her?
S. Saunders. She had a white linnen gown, an apron, stockings, and shift.
Q. What had Drinkwater?
S. Saunders. She had a purple and white gown, a sattin cardinal, shift, and pair of shoes.
Q. What is she?
S. Saunders. She lodged in the house where I lodge, up one pair of stairs. I missed the things in the morning, and Hand had absconded, and the other also.
Q. What day did you miss them?
S. Saunders. On Tuesday, March 31, and found the prisoners on the Wednesday, about 10 o'clock.
Q. What did they say for themselves?
S. Saunders. They both owned they were my property.
Q. What did they say as to the taking them away?
S. Saunders. They both owned they took them; and said, they would bring them every stitch back again.
Mr. Elliot. I was by when the prisoners were taken, and heard them both acknowledge the things belong'd to the prosecutrix.
The prisoners neither of them said any thing in their defence.
S. Saunders. Since Hand has been with me I have found her true and honest.
Q. How long was she with you?
S. Saunders. Not a fortnight, but I had a good character with her. She is very young and foolish.
Q. How long had Drinkwater lodged in your house?
S. Saunders. She had lodged in the house about two months.
Q. What is her character?
S. Saunders. I know nothing ill of her before this.
Both Guilty .
153. (M) Sarah Harwood , spinster , was indicted for stealing one flock bed, value 2 s. two linnen sheets, value 9 d. one pair of bellows, value 6 d. one tin pot, value 3 d. and one iron pot, value 1 s. the property of John Holmes , the same being, in a certain lodging-room, let by contract, to be used by the said Sarah , &c. Nov. 29 . ++.
Q. How long did she lodge there?
Holmes. I believe about nineteen weeks.
Q. Who let her the lodgings?
Holmes. She agreed with me for the lodgings, ready furnished.
Q. Did you let her these goods mentioned in the indictment, with the lodging?
Holmes. I did. Last Sunday morning I sent my house-keeper to the apartment where the prisoner lodged; she came again, and said, the door was left open, and the things were gone. I sent her for the prisoner to her father's house. She came, and said she had taken them away for conveniency.
Holmes. Because she worked on the other side Moorfields. At that time she owed me 9 s. She said she would bring them all again on the morrow. I asked her for the key, she said it was at her father's; she went and fetched it. This being Sunday, I took no farther notice then, because I would not have a disturbance on that day. On the Monday I got a warrant, and went and took her up, and then I found she had pawned the things.
Q. Where had she pawned them?
Holmes. At one Ellis's, in Winfield-street, near George-yard. I went there the next morning: they denied them. Then I got a search-warrant, and found one sheet only. I carried the sheet to justice Fielding, he said I should have brought the pawnbroker too. I went back for them, but they were gone.
Prisoner. It was but a pint tin-pot. I acknowledge my fault, and crave your mercy. I lately had my arm broke, or I had not been necessitated. Mr. Holmes made an agreement to take them again if I would put them in the room again.
Q. to Holmes. Did you make such agreement?
Holmes. I never agreed with her for any such a thing.
Prisoner. He said, let her alone, if she will put the things in their places again, it will be all well.
Holmes. My house-keeper wanted me to secure her that Sunday-night, but I was not for making an uproar then; but I took her up the next day. [The headborough produced a sheet.]
Prosecutor. This is my property, and what I let to the prisoner with the room.
154. (M.) William Platten , was indicted, for that he, feloniously, wilfully, and of malice aforethought, on Richard Snow did make an assault, and cast a heavy piece of wood, of no value, which he had, and held in his right-hand, as the said Richard was standing on the gunnel of a certain barge, lying and being on the river Thames; and, by such casting and throwing, the said Richard did strike and hit on the body with great force and violence; by which striking and hitting him, the said Richard did wilfully, and of malice aforethought, force into the said river Thames, who was then and there suffocated and drowned : he stood likewise charged on the coroner's inquest for manslaughter, March 6 . ++.
John Scott . I know nothing more than the confession of the prisoner. I was not present when the thing happened. The deceased was my servant . I saw him after he was dead; he appeared to have a wound on his forehead, given with a piece of wood, or some such thing.
Q. What did the prisoner confess?
Scott. He own'd he flung a piece of wood at the deceased.
Q. Did you see him heave it?
Perry. No; but I saw it when it was in the air.
Q. What sort of a piece of wood was it?
Perry. I was at a distance. I cannot give a just account of what it was.
Q. Was it large or small?
Perry. Not very large.
Q. How many inches do you think?
Perry. Three or four inches long.
Q. Did it hit the deceased?
Perry. It did. It hit him on the back part of the head.
Q. Did you hear any thing said at that time?
Perry. I can't say I heard any thing in particular.
Q. Was that the occasion of his death?
Perry. I can't say that.
Q. When did he die?
Perry. I don't know. He was drown'd.
Perry. Soon after the piece of wood was in the air.
Q. Did you see him fall into the river?
Perry. I did.
Q. Did you hear any words?
Perry. No; I heard nothing.
Q. Do you know whether it was done in play or earnest?
Perry. It might be out of diversion or fun. It is usual to throw things at one another on the river.
Q. Do you think it was done with an intent to hurt or kill him?
Perry. I do not think it was.
Q. Was there any provocation given?
Perry. All the provocation was the casting off a rope.
Q. Whose servant was the deceased?
Perry. He belonged to Mr. Scott.
Q. What reason did he give for casting off the rope?
Perry. The ship was fastened to Mr. Scott's craft, and he turned the ship a-drift.
Q. What ship was the prisoner on board?
Perry. He was on board the ship, it was a transport-ship; all the words I heard pass was,Richard Snow said, If he fastened the vessel to his craft any more, he would cut the rope.
Q. What distance was the ship from the barge when this happened?
Perry. Between 20 and 30 yards distance.
Q. What sort of a piece of wood was it that was thrown at the deceased?
Perry. I believe it was a chip.
Q. Did you ever know of any enmity between the two parties?
Perry. No, never; I believe they never saw one another in their lives before.
Q. What caused him to fall?
Berry. It was by the force of the piece of wood that was thrown at him.
Q. What provocation was given for that?
Berry. He had turned the ship a-drift before I came to the barge. I heard the captain of the ship say, if he had had a gun on board, he would have shot him. The deceased said, if it was fastened there again, he would cut it again; and if he gave him any more jaw, he would break the cabin windows. Then they began throwing pieces of wood at him, which is done very frequently on the river Thames.
Q. Did you see many pieces thrown?
Berry. I saw several pieces thrown.
Q. What sort of a piece was it that hit him?
Berry. It was a piece about as thick as my wrist, and about five inches long; it was part of a billet.
Q. Were there many people on board the ship?
Berry. There were.
Q. Did you hear any body else speak besides the captain?
Berry. No, I did not.
Q. Did you see the boy hit with it?
Vanderbank. I did, and saw him fall into the river.
I was hauling in the ropes, and threw that piece of wood out of my way, without seeing where it would go.
For the prisoner.
Jos. Hurry. I was master of the ship last year, I am not now. The prisoner has been 12 months with me; he is now in my service. I am owner of the ship; he belongs to her now.
Q. How is he for temper and disposition of mind?
Hurry. He is of a very humane, good-natured disposition, not apt to be passionate, quite the contrary.
Q. Is it a common thing to throw things in sport from one vessel to another.
Hurry. It is very frequently done.
The trials being ended, the court proceeded to Judgment.
Received sentence of Death three.
To be transported for seven years 20.
Thomas Preston , William Lewin , Thomas Clifton , Elizabeth White , Dorothy Peak , Ann Seymore , Ann Croom , William Prist , Sarah Graham , Mary Swann , Margaret Dowland , John Ewrin , Henry Flanagan , Terence Smith , John Cuthburtson , Ann Pateman , Richard Hoddy , Elizabeth Drinkwater , Harriot Hand, and Sarah Harwood .
To be branded three.
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