NUMBER VI. 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; Sir John Eardley Wilmot, Knt. * one of the Justices of the King's Bench; Sir Richard Lloyd , Knt. + one of the Barons of the Exchequer; Sir William Moreton, Knt. ++ Recorder; and James Eyre , Esq; Deputy Recorder~; and others of his Majesty's Justices 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.
To which she pleaded Guilty , and begged for Mercy.
Thomas Kilner . On Saturday last, about one o'clock, I was in the Court of King's-bench , Guildhall ; I had occasion to use my handkerchief, I put my hand in my pocket, and found it was gone. I was very certain I had it when I went into court. I little expected to see it again. About an hour after I was going away, which was about two o'clock, passing by the end of Cateaton-street, I saw several people running, and heard a general cry, Stop him, stop thief. I then ran, and when I got into Ironmonger-lane, the prisoner at the bar was stopped. I asked, What was the matter? A gentleman looking-man said, he saw the prisoner pick a gentleman's pocket. Then I thought it was possible he might have mine. I said I had been in Guildhall, and had lost one. He was unbuttoning his coat, and I thought I saw the corner of my handkerchief between his coat and waistcoat. I pulled back his coat, and said there is my handkerchief. Then it dropped down. It was mine, I collar, him, and carried him back immediately to Guild-hall;
William Hornblower . I was going across Blackwell hall yard, between two and three o'clock, I heard an out-cry of, Stop thief; I made directly to the person running across the yard into Ironmonger-lane; there was a cart that made a stop, and he could not pass by, and we took him; it was the prisoner at the bar. Then the prosecutor came up, and said, I have lost my handkerchief, see if he has got it; and upon opening his coat this handkerchief was found.
Q. to prosecutor. Do you recollect seeing the prisoner at Guildhall?
Prosecutor. No, I do not.
Hornblower. We brought him to the Chamberlain's-office at Guildhall; and there, upon searching him, found another handkerchief. ||
Last Saturday, about one o'clock, I was coming into Guildhall to hear the trials in the King's bench; I met a man, he said he was in distress, and he had got two handkerchiefs, and he had had no victuals that day; and if I would give him sixpence for them, he would make me amends the next day. Accordingly I gave it him, and took the handkerchiefs, and going through Blackwell-hall-yard, I heard the cry, Stop thief. I being in a flurry, as I had them two handkerchiefs, and did not know what to do. The gentlemen stopped me. I lived with a merchant in London four years.
Guilty 10 d.
189. (M) Ann Nixon , otherwise Holt, otherwise Robinson , single woman , was indicted for stealing one linnen gown, value 6 s. one black stuff gown, value 3 s. one black silk cardinal, value 2 s. one pair of ruffles, value 1 s. one china snuff-box, set in silver, value 2 s. one gold ring, value 4 s. one pair of buttons, set with Bristol-stones, value 1 s. one dimitty petticoat, value 1 s. three caps, value 2 s. one pair of white cotton stockings, value 1 s. two pair of white thread stockings, value 2 s. three linnen handkerchiefs, value 3 s. and three silk ribbons, value 1 s. the property of William Harton , May 15 .~
Elizabeth Harton . My husband is named William, I had a lodging in Fisher-street, Red-lion-square , where I left my cloaths, and was gone into the country. The landlord of the house let the room to the prisoner at the bar. Soon after the landlord came and told me, my cloaths were all gone: he took up the prisoner.
Q. When did you leave your lodging?
E. Harton. I had an account of it on the 15th of May, and I had not left my lodgings quite a week. I came to town on the 16th. The prisoner told me, if they were my things, they were in pawn with one Mr. Langford, and that they were given her by a companion of hers. I went with her to justice Welch, there the things were produced, all but the stone-buttons, handkerchiefs, petticoat, ruffles, and lace, which she would not own to, and deposed to by the prosecutrix. [ Produced by the pawnbroker's servant, who deposed the prisoner brought and pledged them at different times.]
E. Harton. The prisoner owned she sold my necklace to a young woman for a shilling; that was brought to the justice's, and delivered to me.
I know nothing at all of them, my husband gave them to me; and he has run away from me since, and I carried them to get some money upon them.
Christopher Gomme. I am a butcher , and live in Clare-market: I was looking out at my window, and saw an ostler, who told me a woman had been in my stable, and stole a saddle; he saw it in her hand under her cloaths, and that she could not be got farther than Carey street. I being lame of the gout, desired him to pursue her. He did, she was brought back with it.
Edward Abbot . I am ostler at the Peacock-inn, in Clare-market , I saw the prisoner in our yard.
Abbot. It was a Month ago last Saturday, about five in the afternoon, the saddle then hung up in Mr. Gomme's stable, which is in our yard. Soon after that a woman came and said, a woman had gone out of the yard with a saddle under her apron. I went after her, and found it in her apron, and made her bring it back again. Then I sent for Mr. Gomme, and he came and owned it. It was the prisoner at the bar.
William Pantland . I happened to be in the yard looking at some horses; I saw the prisoner in the yard; after that we went into the house, and in about ten minutes the maid came in, and said, a woman was gone out of the yard with a saddle. I went and told Mr. Gomme: he said, I am lame, so I ran after and stopped her: the ostler came: she said, If we would not make a noise, she would bring it back again. So she did. Mr. Gomme owned the saddle. [ The saddle produced in court, and deposed to by the prosecutor.]
I met a gentleman, he desired me to go and fetch this saddle, and carry it to the Green-Dragon, in Fleet-street, and told me he would give me sixpence for going. I never saw him before. I leave it all to their conscience, for I did not take it, it was given to me to carry; the gentleman gave it to me under the gateway, and they said, they would know who I belonged to, and stopped me.
Guilty 4 s. 10 d.
191 (M) Susanna Bates , spinster , was indicted for stealing two linnen shirts, value 2 s. five linnen clouts, value 6 d. one linnen tablecloth, value 12 d. one child's petticoat, value 12 d. and one pair of woman's linnen sleeves , the property of Jos Comber . May 16 .*
Jos. Comber. I live in the Great Almonry , and am a stone polisher . On Saturday morning the 16th of May, I went out to work at six o'clock; the prisoner (then my servant ) was up before me; I left her in the house.
Q. Have you a wife?
Comber. I have, and two children, they were not up. When I came home to breakfast at eight the prisoner was gone. We did not miss any thing then, till my wife sent to me at noon. On the Sunday Evening I accidentally met with the prisoner in Swallow-street: I charged her with taking the things mentioned in the indictment, she did not deny it, but would not tell me what she had done with them. I got a constable, and she was taken to the Gatehouse that night, and on the Monday morning before justice Cox; there she owned that she had pawned them in Great Poultney street, at the three golden balls; I went and found them accordingly. [ Produced in Court, and deposed to.]
Thomas Lane. I am a constable. I was charged with the prisoner, and went to the pawnbroker, and found the things; I do not know the pawnbroker's name, but I went by the prisoner's directions; the pawnbroker delivered them without paying any thing for them.
The prisoner said nothing in her defence.
Eliz. Statelin. My husband's name is Joakim, he is master of a ship , and now abroad. I had put a linnen gown into a dish, and was about to starch it, leaving it a little while, when I went to do it, it was gone. I sent Elizabeth Bagnall about amongst the pawnbrokers to get it stoped, and she met with it and the prisoner. She can give a farther account.
Eliz. Bagnall. I live but a little way from the prosecutrix; a month ago next Saturday, after she had lost her gown, she sent me about and at Mr. Pearcy's shop, a pawnbroker's in East Smithfield, the gown was lying on the counter; the prisoner had been there with it, and was gone to fetch some body to prove that she did not steal it. Presently the prisoner came in, she was asked how she came by it? she said she bought it of a young woman, and gave four shillings for it I asked her, who that young woman was, she said she could not tell, she had never seen her before.
Q. How far is that pawnbrokers in East-Smithfield, from the prosecutrix's?
E. Bagnall. It is about a quarter of a mile distance. The pawnbroker took the prisoner up, and we took her before the justice.
Q. Did you know her before?
Jones. She used to come to our shop.
Q. How long have you known her?
Jones. I knew her about a month before that time.
Jones. She said she lived in Cock-alley, that is almost opposite our house.
Q. When was it that she brought the gown?
Jones. That was on the 30th of May, about two o'clock.
Q. What did she want upon it?
Jones. She wanted fourteen shillings. My master stopped it on suspicion of being stolen, because she could not give any satisfactory answer how she came by it: first she said she bought it, then she said it was a country-woman's that lived in the Minories. Then my master sent me along with her to the Minories; when we came there, she said she had forgot the place where the woman lived; then I left her, and came back and found the other witness there; after that the prisoner came in again, and we stopped her, and carried her before justice Berry.
Q. Did she say what the woman's name was in the Minories.
Jones. She said her name was Jones.
Stephen Breade . I saw the prisoner at the bar about two o'clock that day the prosecutrix lost the gown, go into her house, but I did not see her come out again; she was in the same cloaths she has on now, and I described her to the prosecutrix.
E. Bignall. I had heard him describe her before I went to the pawnbroker's, and when I saw the gown lying there, I asked if the woman was not dressed so and so, I was told she was, and when she returned I found her answer the description.
I had made hay with the girl that brought me this gown. I had lent her four shillings. I never saw her till I met her with the gown on Tower-hill: I said, Madam, I am very glad I have met with you, pay me the four shillings you had of me, or I'll have you before the justice. She said, I have a gown to pawn, and if you will pawn it I'll pay you. I said, come along with me; said she, I am going to my brother's, and if you will meet me here in an hour's time, I'll wait for you. I took it to the gentleman, he said, where had you this gown? I told him; then I said I'll go and see for the girl; she did not tell me where she lived. By God Almighty I am as innocent of stealing it as the child unborn. I never stole a gown in my life time. If I was sure to die this moment, I'll take my sacrament of it, I never was within the woman's door. I am no more guilty of it than the gentlemen are, (looking towards the jury) God bless them. There is a just God.
Q. When was this?
Stanford. This was on the 5th of this instant. Whether the prisoner heard him call, I know not, but within about ten or fifteen minutes, his mother came to me with him, without his coat or waistcoat; I went in pursuit of the person that took them, and near Little Turnstile, I was informed where he was. He had the coat, waistcoat and wrapper, that the child wore before him, in his possession when taken.
Q. How came you to meet with him?
Stanford. The time I was in pursuit of such a person, a woman told me he was taken, and at the Three Kings, near Bloomsbury-square. He was carried before justice Welch and committed. My child was carried there, and the cloaths put on him: they are my property.
Q. Who gave you charge of him?
Clay. One Mr. Frogsham did; he said the prisoner had endeavoured to decoy his young son into Devonshire-street, in order to strip him, but he did not make things appear so plain as to warrant me to hold him; he was taken to a publick house, I went to search him, he refused being searched, then I was the more for searching him, and in his great coat pocket I found a sustain coat, a waistcoat, and a brown holland wrapper; I then took him to justice Welch, and the prosecutor came and brought his child without coat or waistcoat; he swore to the cloaths, and they were put on the child. [ The boy was in court with the coat on; the waistcoat and wrapper produced and deposed to. The boy about four or five years of age.]
Q. What did the prisoner say, when the cloaths were found upon him?
Clay. He said they were his sister's child's cloaths, and that he was going somewhere with them, I cannot now recollect where.
William Frogsham . On the 5th of June, about 12 o'clock, a neighbour informed me, a dirty sort of a fellow was inticing a little child of mine about the houses, and that if I ran round the corner, I should see him walking along with him; the little boy came from him home, and the fellow, which is the prisoner, waited at the door: I stepp'd into a butcher's shop, where I had an opportunity of seeing them. My boy came out, and they went on together; on the other side of Theobald's-row, he went to make water against the wall, and a woman lifted my boy over the kennel; they went down Devonshire-street, which is near a quarter of a mile from my house. My wife having got scent of it, searing the child might be murdered, came and interfered, and prevented my seeing his intention. The fellow got away, and I pursued him into Red-lion-street, and took him to Mr. Clay the constable, who said he did not know that he could hold him, without he could find something upon him: I observed a bundle in his pocket. We took him to Mr. Welch's, there the cloaths were taken out of his pocket, which the prosecutor has swore to.
I have a sister that has a little boy of her own, and I was coming along Holborn, an old woman had some things in her hand; I asked her the price of them: I said I did not know whether they would fit the little boy or not, but I'll leave you as much money as you think fit, and take them and try them; she was to meet me to know if they fitted, and if they did not, I was to return them. As I was coming back again the gentleman came and examined me, and said I wanted to take some things from his boy, and said I must go along with him. I did, and in an alehouse I shewed them what I had: they took me before the justice, and then to gaol. I was to have met the woman at the Two Brewers the next morning. She plies in Rag-fair.
Thomas Hensley . One William Forster gave information before justice Welch, that he saw the two prisoners with two pieces of sir quarter on their shoulders, and the two prisoners were taken up, and sent to Bridewell. I saw the pieces of timber, I look upon them to be my property, and to be taken away from a building in Bunhill-row .
Q. Where did you see them?
Hensley. I saw one of them in the watch-house belonging to Grub-street liberty, and the other I saw in Grub-street.
Q. What pieces were they?
Hensley. They were 17 feet, three and four; that is, three inches one way, and four the other.
William Forster . I and a townsman of mine, had been at a house in Grub-street, drinking, and coming away in the morning, about one or two o'clock, as we were coming out, a piece of timber, on one of the prisoners shoulders, hit my companion, and beat his hat off, and words arose, and they put the timber down, and stripped to fight us.
Q. How many pieces of timber did you see?
Forster. I only saw one piece; it was my countryman that mentioned seeing two pieces: they put that in at the end of a court, and their cloaths, and charged my companion with stealing a guinea from out of one of their hands. They were ask'd where they had that timber; they said it was household furniture; and the landlord that they rented the room of, was going off, and so they would make sure of that.
Q. Which of them said this?
Forster. Both of them did. My companion and I were both carried to the watch-house upon their charge, about the guinea. When we came to the watch-house, I mentioned the timber which they had, they both denied having any, and said they never saw any. There were two men went and found it as we had said. We were carried to Bridewell the next morning. The constable went and told the prosecutor of it.
We never saw any wood.
We were coming home and heard murder cryed out in Grub-street; one of these men came and knocked Barton down directly, there were four of them; I hit him again, and took Barton's part. We never had any timber, nor never saw any.
They called five witnesses to their characters, who spake well of each of them.
Both acquitted .
Judith, wife of James Barret , was indicted for stealing one holland shirt, value 4 s. the property of John Potts , May 25 . +
Potts. On the 19th of May.
Elizabeth Davis . The prisoner lodged with me three weeks all but one day. She went out to go to work on the 25th of May. By and by she came home, and said her master would not employ her any more; and said she would go and clean herself. I had taken the prosecutor's shirt out of a box, and laid it on the top of it; the prisoner desired me to lace her stays on. I did, we were at the window, she said, you let the people see me; then I put the curtain too. The shirt was then lying by us. In about 5 minutes after she was gone I missed it; she returned very much in liquor at night, and had money about her, and she had borrowed a penny when she went out in the morning. There was nobody in the room but her.
Q. Have you ever seen the shirt since?
E. Davis. No, I have not. It was Mr. Potts's shirt; I took her up the next day, and two of her relations held me by the throat, while she got away; and when she got on the other side the way, she clapped her hands at me, and bid me do my worst, and ran away.
Q. Are you sure nobody besides the prisoner and you were in the room?
E. Davis. I am sure noby else was.
Q. Is there not a thoroughfare through that room for all the lodgers in the house?
E. Davis. That door goes out into the yard, but no body passes there but the gentleman of the house and I, and at that time the door was shut.
Q. What time of the day was the shirt lost?
E. Davis. It was lost between twelve and one o'clock.
Q. How long have you known the prisoner?
E. Davis. I have known her by sight, I believe, twelve months.
Q. Had you a good character with her when she came?
E. Davis. I had, she said her husband was abroad, and she would have no men after her.
Q. Do you know any thing of your own knowledge?
The prisoner said nothing in her defence, but called the following witnesses.
Q. What is her general character?
F. Wood. I never heard the valuation of a sixpenny-piece against her dishonestly; this is the only thing I have ever heard of.
William Hastings. I am a chocolate-maker , and live in Carnaby-market; I was coming home on Sunday was se'ennight, at night, we walked together.
Q. What time of the night?
Hastings. Between twelve and one at night, as near as I can guess.
Q. Where did you meet with her?
Hastings. I met with her in the street.
Q. Did you go into any house?
Q. Did you know her before?
Hastings. I never saw her before, as I know of.
Q. What do you charge her with?
Hastings. She took my silver buckles out of my pocket.
Q. Where were you then?
Hastings. This was as we were walking along the street.
Q. Did you perceive her take them?
Hastings. No, I did not.
Q. Was you in liquor?
Q. How came you to miss them?
Hastings. I happened to put my hand in my pocket, and missed them; but I did not say any thing, 'till the watchman came up; then I charged him with the prisoner.
Q. What street was this in?
Hastings. It was a sort of a bye place.
Q. Why did you not charge her as soon as you missed them?
Hastings. I was afraid of mischief, so I staid till he came up. She delivered them to the watchman.
Q. Did you see her deliver them?
Hastings. I did.
Q. Do you deal in silver buckles?
Hastings. No, I do not.
Q. How came you to have them in your pocket?
Hastings. I put them there for safety.
Q. What did you take them out of your shoes, and put them into your pocket?
Hastings. Yes, I did.
Q What time did you do that?
Hastings. After I met with her.
Q. Where did you put your money, in your shoes?
Hastings. No, I had none.
Q. Upon your oath, did not you give these buckles to the woman?
Hastings. No, I did not.
Q. Nor lend them to her.
Q. Did you not give them to her to pawn for a little money? You said, you had none.
Hastings. No, I did not.
Q. Are you certain you were not together in a house?
Hastings. No, there was no house open.
Q. Did you make any attempt to go into a house together?
Q. Nor no cellar?
Q. Did you intend, had there been a house open, to have got some money on your buckles?
Hastings. I did.
Q. Did you enquire of the prisoner where she lodged?
Hastings. No, I did not.
Q. Did he say from where she took them?
Henley. He said he had put them in his pocket in Compton-street. Said I to her, give me the buckles directly. She gave them me. I would have had him made it easy with the poor creature, and said it would cost him a great deal to prosecute her; but he would not take my advice. Then I gave the buckles to the constable of the night. [ The constable produced them.]
Prosecutor. These are my property, which she took from me that night.
I was in Knaves-acre; this gentleman came by; he tapped me on the shoulder, and asked me where I was going. I said I was going home I would ask him a question: Did not you take your buckles out of your shoes, when we were in Compton-street, and put your hand under my coats, and say, I have no money; if you will take these buckles and leave them for some money, I will come again in the morning?
Prosecutor. No, I did not.
Prisoner. Said I, perhaps the woman will not let you have money enough on them so as to give me any thing. Said he, It is time enough to talk of that, let us have a job first.
188. (M) Mary Green , otherwise Collier, otherwise Wallet , spinster , was indicted for stealing three linnen caps, value 3 d. one linnen shift, value 1 s. one linnen apron, value 1 s. one pewter-dish, value 1 s. one pair of worsted-stockings, value 3 d. and one pewter-plate, value 3 d. the property of John Mayne , May 18 . *
Q. How long did she lodge in your house?
Mrs. Mayne. About five or six months, or more. The linnen and stockings, mentioned in the indictment, were lost out of the kitchen. She lodged up two pair of stairs, The plate and dish belonged to her apartment, and were let with the lodging-room. The morning the things were missing, she had been to carry some small-beer down in the kitchen, and nobody had been there but her. As soon as I charged her with taking them, she owned it; and she had the stockings on her legs, when I took her up.
Q. Where was she when you took her up?
- Hatton. I am apprentice to Mr. Stiles, a pawnbroker; the prisoner brought these things, and pawned them. The shift and apron she brought on the 18th of May, and pawned for a crown. The dish and plate she brought about a fortnight before. She used to bring them in and out very often, and other things with them.
My husband shewed me the way to the pawnbroker's, and the things were all in his name.
Q. to prosecutrix. Had she a husband lived with her?
Prosecutrix. There was a man lived with her, after she took the rooms; but afterwards she denied his being her husband.
189. (M) Mary, wife of John Dorman ,was indicted for stealing three ribbons, value 3 d. two silk handkerchiefs, value 4 s. three other handkerchiefs, value 1 s. 6 d, one pair of laced ruffles, value 2 s. four linnen caps, value 6 d. one cardinal, value 3 s. one cloth cloak, value 1 s. 6 d. one linnen apron, value 6 d. two cotton gowns, value 5 s. two petticoats, value 5 s. one callimanco petticoat, one pair of leather-breeches, and one row of beads , the property of John Cockbill , the elder, and John Cockbill , the younger, May 12 . *
John Cockbill, jun. I am alaceman and broker , and live in East Smithfield : I live with my uncle, he and I are partners. I have known the prisoner above three months, she used to chare for us. On the 11th of May we left her in trust in the house, and my uncle and aunt and I went out.
Q. Did the prisoner live near you?
Cockbill, jun. She lived about 40 yards from us. We returned about nine. She had left the shop, we understood, about seven. The landlord at a public-house, finding nobody at home, went and staid there about as hour, 'till we returned. About two hours after we returned, we missed a waistcoat, a coat, a pair of breeches, a petticoat, and a gown. Then we went and advertised her, and she was taken the next day in a barn by Highgate. I was told she went there in the summer-time to work.
Q. Who found her?
Cockbill. jun. I and my aunt. I charged her with taking the things. We found the cardinal, cloak, four handkerchiefs (two silk ones, and two pollicat ones) and a pair of laced ruffles. [ Produced in court, and deposed to.] She had the apron, cloak, and petticoat on. The other things lay by her. She denied having any other things; but before the justice, she said her husband had taken the rest to the Turk's-head.
Q. Did her husband live with her?
Cockbill, jun. He did in the neighbourhood.
Q. Did you see him that morning that she was left in your shop?
Cockbill, jun. No, I did not; but I heard him above stairs.
Q. What is he?
Cockbill, jun. He is a labouring-man, and works at farmers business. The other things were found at the Turk's-head, and delivered to us. When we asked her how she came to go away, she laid it to her husband. We find he has been a very bad man all his life-time.
John Cockbill . I am aunt to the other witness; I know the things to be our property. Some of the things belonged to my husband and kinsman, and some were my wearing apparel; a gown, the ruffles, petticoat, and three ribbons. We all three went out together, when the things were taken away. We left her to to take care of the house. When we came home, I heard her husband had been about our door. I believe the woman to be better than the man.
Q. Whether any body present told you they saw the man about your door that morning?
J. Cockbill. He that told me is not here; but had I known he would have been wanted, I could have brought him.
Q. What were her words?
Riball. She said, her husband persuaded her to do it, and that he helped her to take them away.
I know nothing of them, any farther than my husband took them; I did not meddle with them. He came in soon after they were gone; he said, he would take my life if I would not let him take them. I have never seen him since I have been taken up.
Court. You should secure, and indict him.
Q. Where do you live?
Q. What are you?
Tudor. I am a coal-heaver .
Q. Did the prisoner live in your house?
Tudor. She came the Sunday before to lodge in the house; she lodg'd six nights in the house, but not in that room. She came in over night that the money was lost, and sham'd drunk, and wanted to lie in that room, and pulled all her cloaths off, but my wife drove her up stairs.
Elizabeth Hopkins . The prosecutor is my father-in-law. About five o'clock that morning the money was lost, the prisoner came into the room where I lie, I was in bed, she look'd at me; the first thing she took, was a cardinal, and laid it over her left arm; the next thing, was a pair of black breeches, the next a shirt, the next a pair of stockings, the next a shift, and put them over her arm. Then she came and look'd over me again, then she went to the deal box that was close by my bed-side (this was on the Saturday morning) and I had had the money in my hand but the Friday before, it was in that deal box, put into a little tin box; she lifted the lid of the box up with her left hand, and drawed two of the nails.
Q. How came you not to speak to her?
E. Hopkins. I did not know what mischief she might do me, as my mother nor no-body else could hear me if I had called out. I saw the box in her right-hand, and heard the money jingle in the box. Then she went up where my mother lay, I followed her up. I said to my mother, where is the box that the money was in; she said, it is in that box by your bed-side. I told her, the prisoner had got the money. She throwed the cloaths down upon the table and flew away. My mother followed her, and down'd on her knees to the prisoner, and said, for God's sake, give me my money. The prisoner said, (what do you talk on) was all she said. Then my mother lock'd the door upon her. Then she said, d - n you, do you make a prison of your house; and said, she would break every pane of glass in the house, and tear my mother to pieces. Then my mother went for a constable, and a young woman that lay with the prisoner took care of her till the constable came. She was carried to justice Berry, I was at her examination.
Q. What did she say?
E. Hopkins. She said, she knew nothing of it, and was very unmannerly, and said, she long'd to go to Newgate, and that they were a long while writing her mittimus.
Virtue Tudor. I am wife to the prosecutor. I was robbed of 4 l. 1 s. in gold, it was in a little tin box, put into a deal box; it was taken out of a lower room, my daughter lay there. She came up and asked me where was the key of the box; I said, it was in my pocket. Then she asked where the box was that had the money in it. I said, in the deal box. Then she said, the prisoner had taken the money out. The prisoner throwed the things from off her arm, and ran down two pair of stairs. I ran after her in my shift. I locked the door, and asked her for it. She turned about, and said, what do you talk of? I sent for my husband. She said, she would break the windows, and tear all the things to pieces. Then I called a constable; after that my husband came home.
I never was out of their custody, till they carried me to New-prison. I had a shirt to wash for a seaman, that young woman washed it, and I ironed it; and I desired Mr. Tudor to call me up to go by times to Cherry-garden stairs, to deliver it. She came up and called me, I did not get up directly. When I came into the room where his wife lay, said she, I imagine you were a little in liquor, when you affronted me last night: I said, then I humbly ask pardon. Said she, I forgive you. I said, will you please to drink any thing? She said, I cannot say I chuse it. She said, you have no money; said I, will you lend me some. She said, I cannot say I have any. I goes back again, and took up a cardinal, a pair of breeches, and other things, and brought them, and laid them down on a chair by the bed-side. The young woman came in with a black petticoat on; said she, mother give me the key of the box, - what box, - Why, the box that the money is
Q. What time was it that you searched her?
Harding. This was about ten o'clock.
Prisoner. He lives opposite the prosecutor, he was brought to me in the morning before he open'd shop, and was with me all the time almost.
Harding. I had opened the shop before I came, and as the justice was not up, I left the prisoner in charge of the prosecutor's wife, and desired to be sent for, when it was a proper time, and when they were ready to go. When we came to justice Scott, he ordered me to carry her to Walter Berry , Esq.
Q. What is your husband's name?
M. Halley. His name is William Halley , the prisoner lodged in the same house where I did, in a two pair of stairs room. I went out on a Sunday with a quilted petticoat on. I took it off at coming home, and put it down upon three linnen gowns on a shelf in my room, and put a silk and stuff gown upon it, and white under petticoat to keep the dust from it. I had a trunk lent me on the Friday following, which was the 12th of this instant, then I missed the petticoat. I mentioned it to my landlady, she said, she believed the prisoner had taken it, for she had been drunk all the week. The next morning I met the prisoner. I keep a shop in the New market, I said to her, you have got my petticoat, and have pawned it; tell me where it is, and I will fetch it out. Said she, give me the money and I will fetch it. I said, what is it pawned for? Said she, for six shillings. She said, if you will let me have six shillings, I will fetch it. I would not then. She gave me a paper, and I went with it, and saw my petticoat where she directed me; the pawnbroker's name is Harbin.
Q. from prisoner. Did not you lend me the petticoat?
M. Halley. No, I never did.
Q. When was it pledged with you?
A. Harbin. It was pledged with me on the 7th of June, and the 13th the prosecutrix demanded it again. She came with one of our duplicates, which we give the person that leaves things, and I shewed it to her.
I found that petticoat on the stairs, she came and asked me for it. I said, I had pledg'd it, and would get it again as soon as I had done my gooseberries. She said, she would lay down the money to fetch it. I have not a friend in the world.
Sarah Lamb . I live in Crutched-Friars , I keep a day-school , the prisoner lived 14 months as a French teacher with me. I have lost abundance of things since she has been with me, but the buckle is the only thing that I choose to swear to, (she produced a pair of silver shoe-buckles, one of
Q. Had you gave her warning, or was she going away of her own accord?
S. Lamb. I gave her warning two months ago; she used to want to go out every week or ten days, and we missing so many things in the family, almost every week; she was very much altered, and very irregular.
Q. How came her bureau opened at last?
S. Lamb. I went to my lord mayor, and got a special warrant, but I did not open it till she was by, she being gone out the next day, she returned, and desired I would let her take the things away. She said, she did not understand the English laws, but she would open it. She opened it, we found a number of things in it, I think must be my property. She offered to give me any satisfaction, if I would not expose her; and this buckle, which I am confident is mine, was found in it.
Q. What is the prisoner?
S. Lamb. She is a clergyman's widow.
Q. Do you remember when you lost this buckle?
S. Lamb. It was about three months ago, I cannot tell the day of the month.
Q. Do you know where you lost it?
S. Lamb. I lost it in my own house.
Q. Did you not lose it when you was out a visiting.
S. Lamb. No, I did not; I made some inquiry one night, and talked whether I did not drop it in the court or not, but I never believed I lost it out of my own house.
Q. Where had you been that night?
S. Lamb. I had been to visit a neighbour. The next morning I went to put my shoes on as usual, and then I missed my buckle out of my shoe. The maid look'd for it under my bed; it was known in the family that it was lost at that time.
Q. Did the prisoner know you had lost it?
S. Lamb. She did, and talk'd of it many times, and said she was very sorry for the loss of my buckle.
Q. Were the locks easily opened?
S. Lamb. They were, all but one drawer.
Q. Who opened that?
S. Lamb. That she opened herself, I never touched her keys; she made a great hampering at one lock.
Q. How long was it from your missing the buckle, to the opening of the bureau?
S. Lamb. It was about a quarter of a year
Q. Was any body, by when the buckle was found?
S. Lamb. My daughter was.
Q. Was the buckle found in the drawer that was difficult to open?
S. Lamb. No.
Q. Was it possible for any other person to put the buckle into her bureau?
S. Lamb, No; or at least I should think it not probable.
Q. Who took the buckle out of the drawer?
S. Lamb. My daughter did.
Q. Have there been any mistakes in your house?
S. Lamb. Yes, a great many, where two or three dozen of things have been lost; there were found a cambrick handkerchief, ear-rings. starch, thread, candles, and other things.
Q. Did you once charge her with a crown piece?
S. Lamb. No.
Q. Pray had the room where the bureau stood a lock upon the door?
S. Lamb. No; there was a lock upon the door, but the key had been insensibly lost, and then I had a carpenter to nail up the door, to prevent her or any body else from slipping up.
Q. What do you know the buckle by?
S. Lamb. I know it by its matching with the other.
Q. When was that blue string tied upon it?
S. Lamb. I tied that upon it when before the grand jury, when the bill was found.
Q. How did you keep it before?
S. Lamb. I had it before in a paper by itself; my daughter and my servant knew it at first sight to be my buckle.
Q. Is there any mark upon it?
S. Lamb. There is the silversmith's mark upon it.
Court. Apply yourself to the present indictment.
Gurling. Last Friday morning she sent for me; when I came, there were several bundles tied up. Mrs Lamb said, my tutor is going away unknown to me, and as I have lost a silver mug, I think I have a right to search her box. When we came to the bureau, she would not let us look into it, on no account; I reasoned with her; she said no, she would not open it. The constable was then sent for, she said the same before him, she would not suffer it to be opened. In about half an hour she went down stairs, and went out. It was opened the next day, but I was not there till after the opening, then I was told the buckle was found.
Q. When was this?
M. Johnson. I do not know the day of the month.
Q. What day of the week?
M. Johnson. It was last Saturday My mistress desired the prisoner to open the bureau, and she refused it several times.
Q. Did you see it opened?
M. Johnson. I did; she opened every drawer but one, and that she agreed to let a carpenter open, and he opened it immediately.
Q. Did you see any buckle?
M. Johnson. Yes, I saw the buckle taken out, which I knew to be my mistress's property; my mistress lost it about nine or ten weeks ago: as soon as I saw it, I went and fetched the other, that was the fellow to it, out of a china bowl. I sincerely believe it to be my mistress's property.
Q. Was it talked on in the family, as being lost before you found it?
M. Johnson. It was a great deal; it was the morning it was missing, it was universally known in the family to be lost.
Q. What did the prisoner say upon its being taken out of her bureau?
M. Johnson. I think she said it was her own buckle.
Q. Did she attempt to match it?
M. Johnson. No, she did not.
Q. Was the drawer locked where the buckle was?
M. Johnson. There was a key to it, it was found in a little drawer.
Q. Did the prisoner give full consent to deliver it, to have the drawer opened?
M. Johnson. She did.
Q. Do you know of any mark upon the buckle?
M. Johnson. No, I did not; but I know it to be the same as the other, and have the greatest reason in the world to believe, from circumstances, that she had several things there that were not her own property.
Q. Who unlocked that drawer to take the buckle out?
M. Johnson. Miss Lamb did.
Q. Who kept the key to the prisoner's room door?
M. Johnson. She never had a key while I lived there.
Miss Lamb. I opened the inward drawer of the escrutore, and took the buckle out of it.
Q. What gate-way?
Riley. The Saracen's head on Snow-hill ; I went there to deliver a parcel; I asked for the book-keeper, he said he was the book-keeper; he desired me to walk as far as the door, and leave the parcel there, and go for a candle; and as soon as I went for the candle, he went away with the goods in the basket.
Q. What was in the basket?
Riley. There were cloaths in one of the baskets, which I was to carry to Forster-Lane; the other had 18 dead pigeons, tied up by the legs.
Q. Where did you bring them from?
Riley. I brought them from Gracechurch-street, near to Leaden-hall.
Q. What countryman are you?
Riley. I am an Irishman.
Q. Are you sure he is the man that took the basket away?
Riley. I am. I have seen him often towards Holbourn-bridge: I said to the people, I could swear to him amongst a thousand people. I delivered
Q Who did that belong to?
Riley. That belonged to one Mr. Smith, in Hatton-Garden; there were four guineas in that.
Q. Were all these in your possession?
Riley. They were.
Q Where did you meet with the prisoner afterwards?
Riley. I saw him since very often.
Q. from prisoner. How the man came to know me to be the person?
Riley. I was positive before Mr. Fielding that he was the man that took the things.
Q. Did you swear to him there?
Riley. I swore to him twice there.
Q. What time did you lose your things?
Riley. It was about eight o'clock.
Q. What day?
Riley. I don't know; only it was on a Friday.
Q. What week?
Riley. I do not know.
Q. What month?
Riley. I do not know what month.
Q. What! cannot you tell the month? Was it April, May, or June?
Riley. It was in April and May, Sir.
Court. It cannot be in both.
Riley. It was about May, Sir.
All my witnesses were examined before Mr. Fielding on the Monday afterwards, and Mr. Fielding took bail for me upon it.
Q. to Riley. Was you with the prisoner before justice Fielding?
Riley I lost the goods on a Friday; I went to Mr. Fielding, and got an order against the prisoner on the Saturday; but I could not get at him, the door was locked, and he would not come out; and I went for another order to break the door open.
Q. Can you recollect near the time you lost the goods?
Riley. It was about May; I cannot say what month.
Prisoner. He accused me with taking these things from him on the 24th of April. He and his master came to me the 25th; I could not understand the odd account he gave; I desired his master to interperet to me what he meant: the master said, If you have no lodgers, it cannot be any body here. They went on farther. After that I went to him, and ask'd him if he had found the man he wanted? he said yes, you are the man, the book-keeper wants you; I went to the publick-house next door, to see where the book-keeper was, and on the Monday following I went and surrendered myself to a constable; they searched my house on the 27th of April, and I was committed to New-prison, and brought up again on the Wednesday, and re-examined before Mr. Fielding; I had four witnesses to prove where I was that night, that he says he lost the things, from four or five in the afternoon, till between ten and eleven o'clock at night.
Riley. As soon as I went into the prisoner's house, I told the book keeper he was the man that took the goods from me. I went out again, and then I saw the prisoner running along, he went in at a chandler's shop, and out again.
Counsel for prisoner. The 24th of April was on a Friday, and we have four witnesses to prove he was at Islington; and the Wednesday after, these four people were by when the examination was taken.
[ The examination produced, dated April 29.]
Q. to Riley. Did you sign any paper before Mr. Fielding?
Riley. I put a mark upon a paper before the justice, but upon my shoul, I cannot tell whether this is the paper or no.
Q. Do you know your own mark when you see it?
Riley. No, I do not; I did nothing upon the paper but only mark a cross upon it.
Court. Look upon that paper. [He looks at it ]
Riley. I did not do that at all; I did not mark that paper.
Q. Look upon this examination.
Dawson. I believe his name here to be his own hand-writing; it is in the way that he writes.
Q. Have you ever seen him write?
Dawson. I have; upon my oath I believe it to be appertaining to his writing.
Q. What do you mean by appertaining?
Dawson. I believe it may be his hand-writing.
Q. to Riley. Did Mr. Fielding sign that paper you did?
Riley. He put it down in a book, and desired me to put a cross upon it.
Q. Was it read over to you?
Riley. It was.
Q. Did you hear it read?
Jos. Gibbs. I remember the prisoner being at Mr. Fielding's, on Wednesday the 29th of April. The prosecutor charged him with committing the robbery the Friday before. Then I recollected the prisoner being in company that Friday at the Catharine wheel, in Islington-road. I am the landlord of the house.
Q. Give an account of the time he came, and how long he staid?
Gibbs. On the 24th of April last, being Friday, he came to our house, about four in the afternoon, and never went out of the house 'till after ten. The company he was in, was the last company I had in my house.
William Gladman . I attended at Mr. Fielding's, at his examination; there was a robbery sworn against him, to have been committed on Friday the 24th of April. I was in company with him that same Friday, at Mr. Gibbs's, from half an hour after five, 'till about half an hour after ten at night: then I parted with him in Bridewell-walk; he went his way, and I mine.
James Robinson . I was at Mr. Gibbs's, on Friday the 24th of April; I came away with him, and I did not part with him, 'till after one in the morning; for that fire which happened in Swallow-street, that night, we imagined might be about his house, and I went along with him.
Ratcliff Mosset. The prisoner was at Mr. Gibbs's on that Fri day; I was in company with him from between five and six that evening, and staid with him 'till half an hour after ten. The prosecutor swore he was robbed on that Friday, before the justice, between seven and eight o'clock.
Robert Lloyd . The prisoner came into my house on Saturday the 16th of May, about eleven o'clock, and staid there 'till about four; he drank three single penny-worths of beer, then he joined company that were drinking out of a tankard; but it was not that tankard that I lost. After he was gone I missed another tankard.
Q. Did you ever find it again?
Lloyd. Yes, it was found upon the prisoner by Mr. Law. [Produced in court, and deposed to.] There was a lid to it, but that is now gone.
John Law . I live at the Queen's-head, opposite Hicks's-hall. On the 17th of May, the prisoner came into our house, and called for a penny-worth of beer; and while I went to draw it, I heard the keys of the bar-door rattle I had a suspicion of the prisoner: I came up, and saw the marks of a tankard in his pocket I told my brother of it, and we took a tankard out of his pocket, and this stick from him. [Producing a very large ash-plant.]
Q. to prosecutor. By what do you know that tankard?
Prosecutor. By the letters of my name on the handle.
I got up on Sunday morning, and in the street, about six o'clock, I found that tankard lying in the kennel. I happened to meet two women: I asked them if they knew who it belonged to. They said, they did not know. I carried it a good way, before I put it into my pocket. I said to myself, in the name of God, if I can find who it belongs to, I will advertise it, and I was taken up by two men.
195. (M) Ann Turnecliffe , spinster , was indicted for stealing three silver table-spoons, value 30 s. two silver tea spoons, value 2 s. one silver tea-strainer, value 6 d. one silver laced-hat, value 5 s. one pair of silver shoe-buckles, value 2 s. the property of Peter Floyer , June 6 .*
Q. Are you a housekeeper?
Q When did she come to live servant with you?
Floyer. She came on the fifth of this present instant.
Q. Had you known her before that time?
Q. How came you to take her?
Floyer. I had a slight recommendation: I believe she is a country girl lately come to town
Q. When did you first hear of her?
Floyer. The same day she came to live with me.
Floyer She came to offer herself; I understood she had been before in the neighbourhood.
Floyer. I had.
Q. How long had you parted with your late servant?
Floyer. About a week.
Q. Where did you first see the prisoner?
Floyer. I first saw her at my own house; she came directly to me.
Q. By what recommendation?
Floyer. By the recommendation of some person in the neighbourhood, that knew our servant was gone away; and I received her that day, and agreed with her for wages.
Q. What was you to give her?
Floyer. I was to give her 3 l. a year.
Q. Had you a character with her?
Floyer. I was deficient in that in some measure; I asked her what character she had; she said she had little or no acquaintance in town; that she was just come from Staffordshire. I asked where she had been in town; she told me in Turnmill-street; and said she did not much like the people, and was desirous to get into a service.
Q. What do you charge her with?
Floyer. She came to me on the 5th, and the very next morning I found she was gone, and the things mentioned in the indictment missing. She came on the Friday, and was gone on the Saturday morning. I got up at six o'clock, and she was then gone.
Q. What room did she lie in?
Floyer. In a room on the same floor as I do. I have the whole floor On the Monday following I advertised the things, and a description of her person; and in consequence of that, on the Tuesday I had information sent me, that a person, answering that description, lodged at a certain house in Old Burlington-street, near Piccadilly. I immediately went to that house; she was not within, but in a little time she came in. I immediately taxed her with the robbery, which she ingenuously confessed. I asked her what she had done with the things she had stolen; she said she had sold two of the table-spoons in a street called Chapel-street; but, with her assistance, I never could find that silversmith out. The other table-spoon, a tea-spoon and strainer, she inform'd me she had sold to Mr. Bedeau, a silversmith in Green-street, by Leicester-fields. The silver laced hat (my child's hat) she said she had sold to a hat-man in the street; but she had, before she sold it, taken the lace off, which she gave to me, and I have it here; it was a new hat, not above a month old. I took her to Green-street; when we came there Mr. Bedeau said, I know what you are come about; I did buy the spoon of that young woman, but it is really gone, it is melted down. The tea-spoon and the strainer, he said, he had. I was a little surprized at the table-spoon being melted down, because he bought it but the day before. There was an old pair of silver buckles, which she informed me she sold to a man named Shittlecock. She was committed to the Gatehouse; she never denied the taking the things, neither to me nor the justice.
Q. Had she ever pretended you had given them her?
Floyer. No, she never did; but the contrary, and said she had not the heart to deny it.
Q. Had she seen any of these things in your room?
Floyer. She did drink tea after we had done.
Q. After who had done?
Floyer. After my wife, I, and the child. I remember I sent her to the closet where these things were, perhaps she might see the tablespoons, and the child's laced hat. The silver buckles were taken from out of my wife's shoes. My wife was not well. She lay with my wife, and I with my little boy in another room. This was not prudent to be sure to let her lie so, never seeing her before.
Mr. Bedeau. I am a silversmith, and live in Green-street, Leicester-fields; my maid's sister lives in New Burlington street; she is a widow. This girl coming out of place, somebody in the neighbourhood desired my sister to let her lie with her 'till she got a place; so she came with my maid's sister, and drank tea at my house on a Sunday, I think three weeks ago. The next day she came to buy a stay-hook, and offered a table-spoon to sell, that I bought, and melted down afterwards. She wanted to know the value of a tea-spoon and strainer. I did not buy them.
Q. What did you give her for the spoon?
Mr. Bedeau. I gave her eleven shillings for it; there was a single letter on it. Had she offered me two or three, I should not have suspected her.
Q. Did you ask her how she came by it?
Mr. Bedeau. I cannot say I did, I did not mistrust her coming dishonestly by it. [The teaspoon and strainer produced in court.]
Prosecutor. The spoon is my property, and I believe the strainer is also.
Q. to Bedeau. What are these buckles worth?
Bedeau. I believe they may weigh about four shillings.
The prisoner said nothing in her defence.
Q. Where did she come?
S. Crawley. To the house of Peter Leheup , Esq; she enquired for the lady's maid; I opened the door, and said I was the person. She said she came from from a sister of mine, that desired her to come, and that I would learn directly. I told her I believed I should not learn, but she might come in, and I would look at it. She asked for some broken victuals, saying, she had three small children that had not broke their fast that day. I gave her some victuals. She said, she would teach me to do a little for nothing. This was on the Saturday; and on the Thursday following, we saw it advertised. We sent to enquire whether it was that or not. It appeared to be our spoon, and my master went and brought it home. The day afterwards I met the woman in Lincoln's-inn-fields, and told her of the spoon, and took her to the pawnbroker. At first she said she knew nothing of it. She confessed she offered it to pawn, but did not confess how she came by it. When I asked her that, she made me no answer.
Q. Why did you carry her to the pawnbroker's?
S. Crawley. I expected to have found my master there.
Q. What are you?
Bowyer. I am a pawnbroker, I asked her whose it was; she said it was her own, and that she bought it in Fleet-street for 14 s. I stopped it. [Produced in court, and deposed to by Susannah Crawley , as her master's property, by the crest, which had been attempted to be crosed.]
The spoon was given to me in the basket amongst the victuals by the evidence.
Q. to S. Crawley. Are you sure you did not give her the spoon?
S. Crawley. I brought the victuals to her in my hand; there was no spoon amongst it, that I am positive of.
Q. What victuals did you give her?
S. Crawley. I gave her a bit of pigeon-pye, and a bit of beef.
Q. Was the crest scratched before it was lost, as it is now?
S. Crawley. No, it was not.
Bowyer. It is as the prisoner brought it to me: she said it was defaced as it is now, when she brought it to me:
For the prisoner.
A Woman. I have known the prisoner between five and six months, she lodged in my house.
Q. What is her general character?
Woman. I never knew any harm of her.
Q. How long did she lodge with you?
Woman. About five or six months, 'till she was taken up.
Guilty 10 d.
197. 198. (M) John Calyhan , and Ann, his wife , were indicted for stealing one muslin apron, value 2 s. one pair of shoes, value 4 s. one silk cardinal, value 1 s. two pair of muslin ruffles, value 1 s. one linnen apron, value 3 d. one linnen handkerchief, value 2 d. one gown, value 2 d. and one skirt of a gown, value 6 d. the property of Jane Smith , spinster , May 26 .*
Q. What are you?
J. Smith. I am a mantua-maker .
Q. How long did you live there?
J. Smith. I lived there three quarters of a year; the first time I saw the two prisoners, was the 2d of June, at justice Cox's.
Q. What do you charge them with?
J. Smith. On the 28th of May, I went out about three, and returned about nine, and found my door was broke open; it was a garret; I missed two pair of shoes, a muslin apron, two pair of muslin ruffles, intended for double, but they were only single, a cardinal without a lining, trimmed with silk, a lawn apron, a
Q. How came you to know the prisoner's being at justice Cox's?
J. Smith. I had advertised them on the Monday, and I had word brought that some of my things were found at a pawnbroker's, named Mary Thompson ; I went there, and found my things. [Produced in Court, and deposed to.]
Mary Thompson . I am a pawnbroker, and live in Callender-yard, Long-alley, Moorfields; the woman at the bar brought these things to me on the 29th of May; I lent her 4 s. upon one pair of shoes and the apron; I lent her a crown on the other things the Wednesday before.
Q. Did she say how she came by them?
M. Thompson. She said they were her own; she looked very creditable, and said she lived in Dyer's-court.
Q. Had she ever pawned any thing with you before?
M. Thompson. Never but once before, and that was on the 8th of May.
Q. How many times was she with you?
M. Thompson. She never was with me but three times.
Q. What did she pledge with you the 8th of May?
M. Thompson. I cannot say that, because she fetched it out again.
Q. What did she pledge the second time?
M. Thompson. That was the 25th of May, then she pledged a cardinal, ruffles, and apron.
Q. What time of the day?
M. Thompson. That was in the morning about eight o'clock.
Q. When was the next time she came to you?
M. Thompson. That was on the 29th of May, four days after she had pledged the cardinal and things; then she brought a pair of shoes, and an apron.
Q. Did you make any memorandums at the times you took in the things?
M. Thompson. Yes, but I have not the book here.
Q. to prosecutrix. How long ago is it since the things were taken away?
Prosecutrix. It is a month ago to-day (this being Thursday.)
Q. Were they all taken at one time?
Prosecutrix. They were, the door was broke open the 28th of May; I had seen them at three o'clock that day.
Q. to M. Thompson. What days of the week did you receive the things?
M. Thompson. I received the cardinal on a Wednesday, and the shoes and apron on a Saturday.
Elizabeth Reynolds . I deal in old cloaths, and keep a shop in Long-alley, Moorfields; this old gown, and skirt of a gown [producing them] I believe I received on the 30th of May, of a short looking woman; [such was the prisoner] I cannot swear to the woman at the bar, it was much such a sized woman.
Prosecutrix. This gown and s hirt are my property.
Ann Calyhan's Defence.
I bought these things in Rag-fair, just going into the Fair, of a cloaths-woman; I gave 16 s. for them, the very Thursday before the first of June, this day month, between seven and eight at night; I never thought them to have been stolen. When I went to pawn them, I told the gentlewoman my name, and it was close to my own house.
For the prisoners.
John Jones . I have known the man about 12 years; as to the woman, I knew but little of her 'till she was married to the man, which is about four or five years; he is in the watch-way, I never heard but what he bore a good character.
Q. Are you any way related to him?
Calyhan. No, I am not; he was recommended to me as a very honest man, and I have found him so.
Q. to M. Thompson. Are you sure to the day of the week you received the first of these goods of the woman at the bar?
M. Thompson. I am; the first time was on a Wednesday, it was washing day; I could have brought all our people to prove that.
Q. to prosecutrix. What day of the week was your room broke open, and robbed?
Both Acquitted .
(M.) They were a second time indicted, by the same names, for stealing two silver teaspoons, value 2 s. one pair of silver tea-tongs, value 2 s. and one silver tea-strainer, value 1 s. the property of William Salter , May 23 . +
Sarah Salter . My husband's name is William: on Saturday the 23d of May my door was broke open, and the things mentioned in the indictment taken away. I saw the prisoners at justice Cox's, I was told they had several tea-spoons and things in their pockets. When I came there I was shewed two tea-spoons, a tea-strainer, and a pair of tea-tongs; they were my property, I have some of the same mark by me. [Produced in Court, and deposed to.]
Mr. Davenal. I am constable, the tongs and one tea-spoon I found in the man at the bar's pocket, the other spoon and strainer were found in the woman's pocket, by another man, in my presence.
Q. to S. Salter. Where did you lose them from?
S. Salter. They were taken out of the kitchen.
Q. What is the mark on the spoons?
S. Salter. They are marked W. S. the tongs are W. S. and the strainer C. K.
Mr. Glover. Mrs. Thompson, the pawnbroker, sent for me the first of June, to advise with me concerning some things she had in pawn; I went by her desire to this place, they were gone to justice Cox's, I went there, the woman at the bar took a tea-spoon and strainer out of her pocket, and delivered them to me.
Ann Calyhan's Defence.
I kept a house in Radcliffe-highway about two years ago. I bought of a man and his wife four tea-spoons, tongs, and strainer, I have the other two here to shew: here they be, they are marked W. S.
For the Prisoner.
Q. How were they marked?
M. Tufnel. I do not remember the marks.
Q. Were there any marks upon them?
M. Tufnel. I cannot say whether there were or not. I never knew any thing amiss of them, any farther than being sober people.
[The two spoons produced by the woman prisoner inspected by the Jury, the engraving does not correspond, and seem'd to be done by different hands.]
John Guilty , Mary Acquitted .
Counsel for the Crown.
May it please your lordship, and you, gentlemen of the jury,
I am counsel in this case for the crown, against Joseph Brice , the prisoner at the bar, who stands charged with the wilful murder of Richard Jasper , esq; by shooting him with a pistol, and thereby giving him a morral wound, of which he died; he stands charged also on the coroner's inquest for manslaughter.
Gentlemen, As this transaction was entirely between themselves, when no-body else was present, I rather choose it should come from the witnesses mouths, than to make any paraphrase on the evidence, or endeavour to prepossess your minds.
The case is this: the prisoner and the deceased were acquainted with each other. About two o'clock on the tenth of May they went to the Cardigan-head tavern , Charing-cross , whether in a state of reconciliation or enmity I cannot say; they were shewed an upper room, and called for a pint of wine; they had not been there above half an hour before a pistol was heard to go off; enquiry was made by the people of the house, the consequence was, they found Mr. Jasper was shot, and he died the next day of that wound.
This is the sum of the evidence which I shall call and lay before you, and if it comes out to your satisfaction to be a murder, you will find the prisoner guilty.
Q. Did you see him at any time on Saturday the ninth of May?
Sullivan. On Saturday the ninth of May I met him at Mundy's coffee-house in Round-court,
Q. Did any thing pass particular?
Sullivan. Nothing particular. I came away much sooner than any of the rest of them; I left him in company with several gentlemen, there was the best harmony that could be when I left them.
Q. Was Mr. Brice there?
Sullivan. He was there to the best of my remembrance.
Q. Are you doubtful of that?
Sullivan. I am pretty certain he was there.
Q. When did you see Mr. Jasper afterwards?
Sullivan. I called about two o'clock the Sunday following, Capt. Jasper was sitting there in the same coffee-house, I believe he was the only person there; he asked me if I dined there, I told him I did; he said he would stay and dine there too; then he proposed to take a walk to amuse ourselves till dinner was ready, but I objected to it, on the account of its being Sunday, and I did not choose to walk in such a publick street as the Strand, so I staid in the coffee-room.
Q. Did you see Mr. Brice there?
Sullivan. Mr. Brice came in some time after, Capt. Jasper was sitting on the table, and I on the bench by him. Upon Mr. Brice's coming in Capt. Jasper leaped from the table, and took him gently by the arm, and they walked to the other end of the room.
Q. Was that done in anger?
Sullivan. No, my Lord, far from it; I imagined he was going to make the same request to him as he had done to me, to dine with him: when he asked me, he said he wanted company. They made a very short stay at the other end of the room.
Q. Did you hear any words pass?
Sullivan. I did not; they came down the coffee-room together, and went out together at the door, and did not return to dinner.
Q. Did either of them say any thing to you at going out?
Sullivan. No, not a word. Just at going out Capt. Jasper was speaking to Mr. Brice, but nothing that I could distinguish.
Q. Did it appear as if there was anger betwixt them?
Sullivan. Nothing of that appeared to me.
Q. What are you?
Dunlop. I am a watchmaker, and live in Spring-gardens. On Sunday the tenth of May, between the hours of three and four in the afternoon, as I was going in at the Cardigan-head I heard the report of a pistol, I had just entered the room coming into the centre part of the house, the family was all in a flurry; Mr. Church, the master of the house, told me that two gentlemen had quarrelled, and one had shot the other, and desired I would go up stairs. When I came there I saw Mr. Jasper sitting on a chair, with a wound on his left-breast. Mr. Brice begged I would listen to some questions he should ask Mr. Jasper; he had applied to several, and they did not give attention: he applied to me, and said, You seem to be a little cool, I beg you will attend while I ask him some questions.
Q. Did you know Mr. Brice before?
Dunlop. I never saw him before that in my life-time, to my knowledge.
Q. Did you know Mr. Jasper before?
Dunlop. I have known him twenty years, ever since the hard winter in the year 1740.
*** The Remainder of these Proceedings will be published in a few Days.
In the first Year of His MAJESTY's Reign. Being the Sixth SESSION in the MAYORALTY of The Right Honble Sir Matthew Blakiston , Knt. LORD-MAYOR of the CITY of LONDON. NUMBER VI. 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. WHAT was Mr. Jasper?
Dunlop. He had belonged to the navy, but he was broke about five years ago. He was captain of a man of war.
Q. Had he any family?
Dunlop. I do not know that, I have not heard of any brother or sister; I knew his father, he was a great agent on Tower-hill, he used to receive prize-money for men of war.
Q. What were the questions Mr. Brice ask'd Mr. Jasper?
Dunlop. He said to Mr. Jasper, Have I used you like a gentleman? To which he gave no answer. Mr. Brice then said, Do you forgive me, Mr. Jasper? His answer then was, I was the aggressor, and immediately he slipp'd from the chair upon the floor.
Q. Was he bleeding at the time?
Dunlop. Very much. On his coming on the floor he became speechless for some little time, then he began to mutter something, which I could not understand; his voice growing a little louder, I leaned down (he lay then on the floor) the surgeon declared, if Mr. Brice had any more questions to ask him, then was the time, for he believed he could not live five minutes longer. The surgeon had then hold of it's arm, but had not bled him. Mr. Brice repeated the same questions, as near as I can remember: his answer was then, I am the aggressor. There were more people in the room at that time that heard it.
Q. Who was in the room the first time?
Dunlop. I can't say, every thing was pretty much in confusion: there were three or four people, waiters and others, when I heard him the first time; I staid about five minutes after, then a coach was got to carry Mr. Brice before justice Fielding.
Q. When did Capt. Jasper die?
Dunlop. He died the next day, as I heard.
Q. Did you see him bled?
Dunlop. No, I did not.
Q. Do you remember what passed at your house on Saturday the ninth of May?
Medley. On Saturday evening, the ninth of May, about ten or eleven o'clock, Capt. Jasper came into my house; Mr. Brice, Mr. Sullivan, Mr. Montgomery, Mr. Jones a jeweller, Mr. Creswick, Mr. Richard Roach , and several gentlemen that used the house, were there before: Capt. Jasper joined them, about twelve they called for a bill.
Q. What time did these other gentlemen you have mentioned come in?
Medley. They had been there three or four hours before Capt. Jasper came, they came about seven or eight in the evening.
Medley. They frequented my house very often.
Q. Were they in the coffee-room, or up stairs?
Medley. They were in the coffee-room, all at the same table.
Q. Was Capt. Jasper acquainted with the company?
Medley. He was with all of them, they were all friends together: when the bill was brought in, they all paid together; then Capt. Jasper said, he was sorry they were all going, he should have been glad to have whipp'd sixpence more round; upon which, three or four of the gentlemen said they were obliged to go; then he asked Mr. Brice, and he said he would whip six-pence with him; upon which, I made a shilling's-worth of punch: then all the rest were gone, and the door shut up: they sat close together at the end of the table, talking of different things, what I do not know; but I heard Capt. Jasper say to Mr. Brice, you may think yourself a very clever fellow, but d - n me if I do.
Q. Were they sober at that time?
Medley. They had been drinking, but were not quite sober, nor quite drunk. Hearing him say that, I was at the upper end of the room, reading a book.
Q. How far distant from them?
Medley. About three or four yards. I looked at them, and I saw Capt. Jasper rub his hand up Mr. Brice's face, and knock his hat off; the hat fell on the table, Mr. Brice took it up, and put it on again, and said, Capt. Jasper, what did you that for? Is it by way of fun, or is it to offend me? Upon which Capt. Jasper said, How can you think I should do it by way of fun to such a fellow as you. Capt. Jasper rubb'd his hand up his face the same way as before, and knocked his hat off again, and got him by the ear with his right-hand. Mr. Brice said, This is too much, and struck Capt. Jasper in the face. Capt. Jasper had his sword on, and he drew it about three parts out.
Medley. No, I never saw him with a sword in my life.
Q. What is Mr. Brice?
Medley. He is a gentleman belonging to the law. Upon this I went up to Capt. Jasper, and put his sword back again, and begged that he would be quiet. He said, This man has treated me with such indignity, that I cannot live; either his life, or mine, shall pay for it, and bid me leave the room. I told him I should not. Then he took Mr. Brice by the arm, and walked up to the other end of the room, and said to him: Sir, I insist upon your fighting me. Mr. Brice said: Sir, I think we are hardly even, you struck me twice, and pulled my ear, and I only hit you once; I dare say to-morrow you'll think yourself in the wrong. Capt. Jasper said, No, I never can forgive you; I live at Mr. Crow's in Scotland-yard. Mr. Brice said, he might live where he pleased, he never should call upon him. Mr. Jasper said, If he did not either call upon him, or meet him and fight him, he wou ld certainly put him to death wherever he found him. Mr. Brice told him he never wore a sword, and was not used to fighting; and that he would neither call upon him, nor meet him; and if he fought him, he should seek him. I said to Capt. Jasper, Sir, I beg you will go home, and I dare say you will think better of it to-morrow. He went away, and Mr. Brice wished him a good night, and I went to see him to his chair.
Q. What became of Mr. Brice?
Medley. He staid, I believe, ten minutes, or a quarter of an hour, and then went home. He said, He wished he had gone with the rest of the company, when he found him so quarrelsome.
Q. When did he say this?
Medley. Just after Capt. Jasper was gone; I told him I once saved Capt. Gambier's life, when he drew his sword upon him, by going into the room.
Q. How long have you known Capt. Jasper?
Medley. I have known him ten years.
Q. What sort of a man was he for temper?
Medley. When he had been drinking, he was a very quarrelsome, proud, haughty man, as ever I saw in my life.
Q. Was he so when he had been drinking only.
Medley. I have seen him quarrel at other times, when he has been sober, but he was not so bad as when in liquor; he was a very proud man.
Q. Was he a passionate man in general.
Medley. Yes, a little hasty and passionate, what we call a hot man.
Q. Is Mr. Brice of that disposition?
Medley. I never knew Mr. Brice offend any body in my life; he is a very quiet man as can be.
Medley. I have.
Q. Did you ever observe any ill-blood between them?
Medley. No, I never heard Mr. Brice have any words with any body; he was very quiet and peaceable as any man I ever knew in my life.
Q. Are you able to give an account of what led Capt. Jasper to this behavour? Had Mr. Brice said any thing to him?
Medley. I did not hear Mr. Brice say any thing at all to him; Capt. Jasper was talking of forcing of trenches, and such like affairs; he was a military man.
Bower Church. I keep the Cardigan-head tavern, Charing-cross.
Q. Do you remember what past at your house on the 10th of May last?
Church. That was Whitsunday: a little before three o'clock in the afternoon, I saw Capt. Jasper and a gentleman crossing the way, coming to my house; I was going to dinner behind my bar, I did not see them come in, they seemed to be in a hurry.
Q. Can you describe the manner of their coming, whether arm in arm, or whether one went before and the other after, or whether side by side?
Church. That I cannot take upon me to say.
Q. What happened after?
Church. I reckon it might be about half an hour after three o'clock, just as I had dined, I heard a pistol go off; upon hearing that, I ran out and called the waiter, and said there are some gentlemen fighting above; going up stairs I met a gentleman coming down; he called the waiter to go up and take care of the gentleman, for he was hurt. He was about half way down.
Q. Who was that gentleman?
Church. Upon my word, I was in such confusion, I do not know whether I went upon my hands or my head; I cannot tell who he was.
Q. Did you know Mr. Brice at that time?
Church. I never saw him in my life before that time. I ordered my servant to go and call the Tilt-yard guard, which I always do if there is like to be quarrelling. I ran out immediately to call in the neighbours; people came in; when I came back I went up stairs, there Captain Jasper lay on his back bleeding, and as I thought then expiring; he was frothing on each side his mouth.
Q. Who was there then?
Church. There was the same gentleman that I met on the stairs, and the guards were come, and I bid them take the gentleman to Mr. Fielding. Some time after that one of the gentlemen bled him, by the advice of a physician then present; upon b'eeding him, and giving him something to drink, he opened his eyes; I asked him if he knew me, he said yes; some time after that the gentlemen of the faculty desired me to send for some chairmen, and get a mattress, and remove him.
Q. How long was this after he had been wounded?
Church. I cannot justly tell; then they moved him up stairs; I went up to him in the evening, and asked him how he did, he said indifferent, I have been to blame; this was as he lay in bed. He died the next day, I believe about six in the evening; I never saw him after that time till he was dead.
Q. Give an account of what past at your master's house on Whitsunday?
Terry. Capt. Jasper was there, and another gentleman, named Brice; I never saw him before.
Q. Look about; do you see that gentleman here?
Terry. I do, that is the gentleman. [ Looking to the prisoner.]
Q. What time of the day were they there?
Terry. I did not see them when they first came into the house.
Q. Did you wait on them?
Terry. No, I did not.
Q. What was the first thing that you observ'd?
Terry. I was sitting in the house, and heard a pistol go off.
Q. Who is the person that attended them?
Q. What did you do, upon hearing the pistol?
Terry. I went up stairs; I was the first person that went into the room, after the report of the pistol. I met Mr. Brice coming down; he desired me to step up stairs, and said, the gentleman was hurt; I said. Sir, by G - d, you must go up with me. I asked him where he was going, he said, for a surgeon; he turned, and went up with me, and the cook went with us. I found Capt. Jasper with the door in his hand, half open; he spoke to me very saintly.
Q. Who spoke first?
Terry. He did to me; he spoke very low. I was in a confusion, seeing the wound he had received.
Terry. To the best of my knowledge, he said, I hope he is secure. He spoke very low, but I understood it so.
Q. Do you mean safe?
Terry. I apprehend he meant secure.
Q. What were the very words?
Terry. To the best of my knowledge, the words were, I hope he is secure.
Q. Was it secured, or secure?
Terry. Not secured, but secure. Mr. Brice went into the room.
Q. Was the word secure mentioned before Capt. Jasper had seen Mr. Brice?
Terry. It was before he had seen him, he was coming behind me. As soon as Mr. Brice came in, he desired a surgeon might be sent for immediately. I went and got one, the first I could find. I heard Mr. Brice say to Capt. Jasper, My dear Jasper, I hope you forgive me.
Q. What was the answer?
Terry. I went out of the room for a surgeon, and did not wait for his answer, but went immediately.
Q. Who did you leave in the room?
Terry. I left the cook, and Mr. Dunlop there, and others; I brought Mr. Wollaston; when I came back there were several people in the room.
Q. When Capt. Jasper said he hoped he was secure, was any answer given by you to him at that time?
Terry. I said, here is the gentleman.
Q. What did Capt. Jasper say to that?
Terry. He made no answer, but walked from the door; he said something very low, but I being in a confusion, am not perfect in the words; it was immediately upon that, that Mr. Brice came into the room.
Q. Recollect yourself about these words; was it I hope he is secure, or I hope you secured him?
Terry. I have recollected as well as I can; it was, I hope he is secure.
Q. Did you at that time understand that he wanted to know if he was taken up, so that he might be brought to justice?
Terry. I have recollected and can make no more of it than what I have said; it was spoke very low.
Q. Did you apprehend it, that he hoped Mr. Brice was got away and escaped? Which of the two did you understand it?
Terry. I cannot tell how to recollect it, because he spoke very low.
Q. Which asked for the room?
Solomon. I do not know which asked; they called for a pint of wine, and pen, ink and paper.
Q. Did you see any pistols with them, when you shewed them the room?
Solomon. No, I did not.
Q. What was done with the pen and ink?
Solomon. Afterwards they called for a decanter of water, I carried it up, and saw them both writing, and capt. Jasper drank a glass of water.
Q. Did you hear any thing pass between them?
Solomon. No, I did not.
Q. Did any porter, or any other person come to them?
Solomon. No; and after about a quarter of an hour, I heard the pistol go off.
Q. Do you know of any thing that past on Whitsunday, at capt. Jasper's lodgings?
J. Munroe. Yes sir, capt. Jasper did not get up till half an hour after one o'clock.
Q. What time did he come home the night before?
J. Munroe. He came home in the morning, I believe about three o'clock. When he rang the bell, I went into his room, he asked what o'clock it was; I said, half an hour after one. He desired me to get some water to wash him. I asked him if he would have any breakfast; he said no, he was going to breakfast at Mundy's coffee-house. He called for a waistcoat, I gave it him; and said to him, you never used to go abroad with this waistcoat, and asked him what time he would come in. He told me the waistcoat was good enough, I would never see him alive again. He said, I would either see him dead, or else hanged. I said, God forbid, the gentlemen at the coffeehouse will put you over that thought. He asked me, If I would rather see him dead, or hanged. I told him, I would rather see him dead; he said, A gentleman and he had a quarrel on Saturday night at Mundy's coffee-house, and he could not bear an affront from any man. He went out when it was just upon the stroke of two o'clock.
Q. Did you see any pistols?
J. Munroe. He never had pistols in his room in his life, as I know of; he had swords there.
J. Munroe. He walked it.
Q. How far is it from Scotland-yard, to Mundy's coffee-house?
J. Munroe. The coffee-house is in Round-court, it is not a great way.
Q. Who let him in, in the morning?
J. Munroe. I did.
Q. Did he say any thing to you then, about having any words with any-body?
J. Munroe. No, he did not say three words to me, he was a little in liquor.
Q. How did he come home?
J. Munroe. In a chair.
Q. to Medley. What time did he go away from your house?
Medley. He went away from my house, I believe between one and two.
Q. to Munroe. Was it light or dark, when he came home?
J. Munroe. It was day-light.
Q. Was it day-light, or moon-light.
J. Munroe. It was day-light, I could see to come down three pair of stairs.
Q. to Sullivan. What time was it, that Mr. Brice came into the coffee-house, that Sunday?
Sullivan. I came in a good while after two. About a quarter of an hour after, I found Mr. Jasper there; and Mr. Brice came in after I was there.
Q. What illness?
M. Denevel. He was wounded.
Q. Did he make any declarations?
M. Denevel. I heard him say before several gentlemen, that He was the aggressor, the fault was his, and he freely forgave Mr. Brice with all his hearts and soul by God. These were his words.
Q. When was this?
M. Denevel. This was on Sunday night, before the physicians came to him.
Q. Did he at any time ever say to the contrary of this, or to a different effect.
M. Denevel. Never, that I declare before God.
Mr. Wollaston. I attended capt. Jasper, I came to him on the 10th of May, between three and four in the afternoon, there were several people in the room when I went over to him; I found him lying on his back, with a wound on his left breast.
Q. Did you bleed him?
Wollaston. I did, he was quite senseless; and as I thought dying; he spoke before I bled him of his own accord.
Q. What did he say?
Wollaston. He said, I was the aggressor. There was at that time a great confusion and noise in the room. I said to him, Capt. Jasper, what did you say? He repeated it again; I did not imagine at first he would ever speak again, this was before I bled him. He acknowledged himself greatly to blame, and said, He was intirely to blame.
Q. Do you remember Dr. Groat asking him, whether Mr. Brice was to blame?
Wollaston. Yes; and he said, I was solely to blame, I was intirely the aggressor. He repeated the words with different epithets, and said, It was intirely his own feeling. At another time it was, He was to blame. At another time, He was intirely to blame. At another time, It was his own seeking.
Q. Did he continue in this?
Wollaston. He was invariable to the last moment. I was scarce two hours from him, at any one time; I was with him when he died.
Q. Do you remember any body asking him, whether Mr. Brice was to blame?
Wollaston. Dr. Groat asked him, if he believed Mr. Brice had any malice against him, either before, or at the time, or after the affair. Capt. Jasper answered, he did not believe he had.
Q. What was the occasion of his death?
Wollaston. His death was in consequence of that wound.
Q. How long after the time of the wound given, was you called in?
Wollaston. I apprehend immediately.
Q. Did you see any pistol?
Wollaston. No, I did not.
Q. Did you ask him about them, during the time you attended him?
Wollaston. I asked him how it came about, that his pistol was not fired. He said, I do n ot know, I did not choose to fire; I laid it down on the table.
Q. Do you know what became of the pistols?
Wollaston. I do not know any thing about them.
Q. Did you ask him how he came not to choose to fire?
Wollaston. No, I did not care to ask him, for fear of hurting him.
Counsel. Then you had heard his pistol was not discharged.
Q. Did you ask him who bought them?
Wollaston. No, I asked him no question relative to that; I asked him, if Mr. Brice had behaved like a gentleman in the affair; He said, All I knew of the matter is, he fired at me. During the time of his illness, he expressed his concern to me, two or three times, that Mr. Brice was in confinement.
Dr. Power. On Sunday the 10th of last May, between three and four in the afternoon, Mr. Church of the Cardigan head, came into a coffee-house, near Charing-cross, where I was, and said, a gentleman was shot in his house, and desired I would go up and see him. I went and saw capt. Jasper, he was wounded in the left breast; I thought then he was near dying, that he had not many minutes to live. In about a quarter of an hour after, there being a good many more gentlemen in the room, they wanted to know whether it was proper to bleed him. I felt his pulse, and ordered him to be bled. He was bled, upon which he opened his eyes, and stirred his lips; we gave him two or three spoonfuls of wine and water; he turned his head and looked about him. We met again by appointment, I believe about half an hour after six, when he was put to bed, and his wound dressed.
Q. Were there more wounds than one?
Power. Only one wound that past through the body. After having ordered what we thought necessary for him, I mentioned to the gentlemen, Dr. Groat, Mr. Ford, Mr. Wollaston, Mr. Davenport, and I believe one or two more physicians and surgeons, that as Mr. Jasper was then in his senses, and made distinct and sensible answers to every question asked him, I thought it might be proper to ask him some questions relative to the affair, in the presence of us all, as I heard he had made some declarations in favour of Mr. Brice; and Dr. Groat, who was his acquaintance, asked him the following questions. Captain Jasper, do you know me? He answered yes, I do, my dear Johnny, know you very well. Pray Capt. Jasper, how did this happen? He answered, I was in fault, I brought it upon myself. Do you believe Mr. Brice had any malice against you? - No, I do not. Do you forgive him? - - Yes, I do. Who was the aggressor? - I was. You say you was the aggressor. - Yes by G - d I am, Sir I was. Would you have me declare this in favour of Mr. Brice. - Yes, I would by all means.
Q. You have got it in writing, did you write it down at that time?
Power. No, not at that time; I wrote it down on the Monday night after he died, while it was in my memory. This was on Whit-sunday.
Q. Did you ask him any questions about the pistols?
Power. No, I did not.
Q. Did you see the pistols?
Power. When first I came into the room, I saw pistols lying on the table.
Q. Were they both of a size, as fellows?
Power. They were; I did not take them in my hand, they appeared to be so.
Dr. Groat. I knew capt. Jasper near 20 years. On Sunday the 10th of May, about four o'clock, I was sent for to visit capt. Jasper, who was wounded at the Cardigan head tavern. [He looks on a paper.]
Q. What are you reading?
Groat. This I wrote for my own information; I wrote it that very Sunday. I believe I can recollect it without reading.
Court. You may look on the paper to refresh your memory.
Groat. When I came into the room, I saw him lying at full length on the floor; his breast exposed, and a wound on the upper-part of the left-breast. I asked Mr. Wollaston, the surgeon, what had been done for him? I was answered, Nothing, because they did not think any thing could do him service. I was of the opinion, at that time, he was in the agonies of death. I stooped down, and felt his pulse labouring hard, seemingly oppressed. I desired Mr. Wollaston might bleed him. I saw Dr. Power in the room, and called to him to give me his opinion. He acquieseed in it, and he was blooded; and by the time six ounces, or less, was taken away, he turned his head about, moved his eyes, and opened his lips. I desired the quantity of blood might be encreased to eight ounces; on which he seemed still to recover. Some wine and water was poured down his throat; and after that I prescribed a warm stimulating cordial, which prescribed was signed by Dr. Power and myself. He was put to bed, and between six and seven I visited him again, in company with Dr. Power, and Mr. Ford, a surgeon, who is a man of eminence, that Mr. Brice had sent to take care of Capt. Jasper. After we had mentioned some things proper for him, coming down stairs, I said to Mr. Ford, it would be necessary (as he was then sensible) to go back into the room, and ask him some particular questions relating to this affair; and at fortyfive minutes after six in the evening, I asked Capt. Jasper the following questions: I asked him first, if he knew me? His answer was
Q. Did he use to call you by that name?
Groat. Always; he frequently did, though my name is Robert. I then asked him if he thought Mr. Brice had any malice towards him, either before, at, or after the time of this affair. His answer was, I don't believe he had, for I never thought so. - How came you by this affair? - I was in the fault, it was entirely my own seeking. - Was you really the aggressor? - I was the aggressor indeed; and by G - d I was the aggressor; and I own I have brought this upon myself. - Do you forgive Mr. Brice, who shot you? - I do freely from my soul forgive him; for I say again, I was to blame. - Would you have me declare this for the safety of Mr. Brice? - Yes, I would, by all means. Sitting on the bed by Capt. Jasper, on Monday morning, a little after ten o'clock, I asked him if Mr. Brice had behaved upon the whole like a gentleman, and a man of honour? His answer was, Yes he has; but I could not live with the ignominy of having received a blow, as I was once a captain of a man of war. I knew him a lieutenant of a man of war, and a captain of a man of war.
Q. Did you know Mr. Brice before?
Groat. I never had the pleasure of seeing Mr. Brice, 'till before Mr. Fielding that night, when he was charged with this affair.
James Ford . About six o'clock that Sunday evening I received a letter from Mr. Brice, desiring I would go immediately to the Cardiganhead, to Capt. Jasper, who was wounded. I went there immediately, and found several physical gentlemen with him; Dr. Groat, and others. I was introduced to Capt. Jasper, as a person sent by Mr. Brice; he received me with great satisfaction; I thought particular satisfaction; he received me with kindness, being sent by Mr. Brice. This was my own opinion of it.
Q. Was he sensible?
Ford. Quite sensible.
Q. Had you known him before?
Ford. I did not know him at all; he had been before that time dressed by the surgeons that attended him, so that I only felt his pulse, and asked him a few questions, as he seemed to be in a weak state. Then I went out with the other gentlemen, who had attended him before, to be particularly informed. It appeared unnecessary to vary the method, and we agreed to meet again that night at ten o'clock. Dr. Groat proposed to me to ask him some questions relative to the affair, and we returned, and they were asked him. The questions and answers were much the same as have been mentioned now. I observed, when the doctor asked him if Mr. Brice was the aggressor, he looked up with great vivacity, and said, No, by G - d, it was not he; I was. He spoke it with such particular emphasis, that conveyed more to me, I think, than the mere words. It was spoke with great earnestness. I observed his countenance at that time, it was exceedingly expressive; he confirmed by his looks, he seemed to have it understood, that Mr. Brice was not to blame. We met again that evening, and the next morning, but there was nothing more particular.
Q. How long have you known Mr. Brice?
Ford. I have long had the honour of knowing Mr. Brice, and all his family.
Q. What is his character as to humanity?
Ford. I never heard any thing said against Mr. Brice's character in my life, they are as worthy people as any I know; the character of the whole family is unexceptionable: I never in my life heard any thing of his being liable to quarrel, or being of a hot disposition.
Richard Davenport . I am a surgeon. On Sunday the 10th of May, between three and four in the afternoon, a porter came to my house, from the Cardigan-head tavern, and desired me to come away immediately to a gentleman dangerously wounded. I was in Pall-mall. I believe I got there about ten minutes before four. I was conducted into a room, where I saw several gentlemen, Dr. Groat, and others: Capt. Jasper was lying speechless, and with the countenance of a man expiring. After some little consultation among ourselves, it was agreed to take some blood from him, which was done. Soon after this, in two or three minutes, he began to open his eyes, and had some marks of reviving. A little wine and water was given him; and after that he revived considerably, and began to speak, and some persons in the room began to ask him some questions. They were most of them strangers to me. I remember in his answers, he said he was the aggressor entirely, and seemed to acquit him.
Q. Who was that him?
Davenport. I suppose he meant Mr. Brice, he entirely acquitted him from any blame. Somebody
Q. Who asked that question?
Davenport. I do not know who asked it, they were all strangers to me. I believe at this time the last witnesses were gone out of the room. I remember he said, Each presented his own, and at the same time. I asked this one question, Whether each of them loaded his own pistol? He answered in the affirmative, that they did. I found the questions rather fatigued him, and I desired they would get him to bed as fast as possible. A bed was prepared, and he was carried up to it. Then I assisted in dressing him as he lay on the floor; his breast was bloody. The wound was in the left-breast, which had gone quite through the body.
Q. Did you ask whose pistols they were?
Davenport. No, I did not.
Q. Nor who brought them there?
Q. Did you see the pistols?
Davenport. They were not there when I was there; I came in late; I never saw them; I never heard him say any thing material, more than what I mentioned; but he expressed himself, more than once, with great indifference about his recovery, and said, No matter whether he recovered or not. It was expressed with a great deal of in difference. I was not present at the time these gentlemen asked the questions.
My Lord, I am extremely sorry that I am obliged to appear before your Lordship in this court, for a crime of this nature. The evidence is such, that I hope will convince the whole world that I could not avoid coming to the extremity that I did, which was owing to the violence of the deceased. I shall not take up your Lordship's time any farther, but leave it upon the evidence that has been given. I have several gentlemen in court that know me, which I shall call to my character.
Counsel for prisoner. I beg leave to submit to your Lordship, the distinction made by my Lord Hale, the greatest writer on this subject, between murder and manslaughter, and apply this case to that general occasion.
His Lordship said, There was no doubt at all about it on this evidence.
Counsel for prisoner. There is no occasion to call any witnesses to his character.
Guilty of Manslaughter .
200 (M) Edward, otherwise Joseph Wilson , was indicted for stealing one cloth coat, value 15 s. one cloth waistcoat, value 10 s. one fustian coat, value 20 s. and one fustian waistcoat, value 10 s. the property of John Barber , February 13 .*
John Barber. I am coachman to Esquire Bullock . On the 13th of February I lost a livery coat and waistcoat, and fustian coat and waistcoat, from out of the stable. I found the livery coat again in Rosemary-lane, in a shop.
Q. Where do you live.
Roger Mac Man . I am a salesman in Rosemary-lane. I bought a livery coat and waistcoat, and thickset coat and no waistcoat, of C. Ganing; this was in February. I sold the frock and waistcoat, and the livery coat was hanging up at my door, and the prosecutor came and owned it.
Q. to prosecutor. Were your things the same as Ganing describes?
Prosecutor. They were.
Q. to Ganing. What did you do with the fustian waistcoat?
C. Ganing. I sold that for a shilling; I cannot tell to who.
I bought the cloaths of a gentleman's servant; I never saw him but once or twice in my life.
Jane Baker . Jane Goulding gave me a ring to sell for her, and said, she found it, and desired I would not let her husband know of it, for if he did, he would kill her. I had it in my pocket about nine days; there was wrote in it, William Cartwright , Esq; I ask'd a gentleman what it was worth, he said, eleven shillings. There were two rings advertised, I found this to be one of them. I told the prisoner of it; she said, that she took it from out of a parcel on the dresser,William Thompson , Sir Charles Buck 's servant, according to the advertisement. The prisoner, before justice Fielding, still said, she found it. [The ring produced.]
The ring I found going a milking one morning, in the street. I have no other witnesses, but a good judge, a merciful jury, and I hope, God Almighty.
John Millar . I keep the Blue Boar in Whitechapel . On the 9th of May, the prisoner came into my house, and had some rum and water; then he had some beer in a pint silver mug; he was in the room by himself some time, and stay'd about half an hour, and went away, and did not pay for his liquor. I went to the gate-way to him, and told him, he had not paid for his liquor; he said, he had left a shilling upon the table, and he went away. I had occassion for that mug, but it was missing. I am sure no body was in that room but t he prisoner, till he was gone. I took him in a house in Moorfields; he said he knew nothing of it.
Thomas Harding . I keep a goldsmith's shop in the Minories. On the 9th of May, about three o'clock in the afternoon, the prisoner at the bar came into my shop with a silver pint mug. He was somewhat confused, and said, it was not to sell, but to be valued, and that he was going to buy it. There was marked at the bottom, 12 oz. 12 pwts. and the letter M on the handle; it answered to the weight, and I asked for the book to tell him what it was worth, but he took the mug, and went away directly. I called him, but I saw no more of it. Soon after, I was told the prosecutor had lost such a mug; I described the prisoner, and he was taken that evening.
Q. to Millar. Did you ever get your mug again?
Millar. No, I never did. Mr. Harding describ'd the mug just as it is. The prisoner left my house within ten minutes of three o'clock, and Mr. Harding's house is not a quarter of a mile from mine.
I know nothing of the thing laid to my charge. I never was in any such place as this before, and therefore not able to plead for myself.
Henry Smith . The prisoner was my servant , he was at work with my cart to carry some butter to deliver to Mr. Fry in White-chapel. When he was summoned before my Lord Mayor. he left my cart in the street, and ran away. He was taken two or three days after, and charged with stealing two half firkins of butter, which commonly weigh about 56 pounds; he confessed he had taken them, and made use of them himself.
Mr. Woolnock. On the 20th of last April, I gave the prisoner 11 firkins of butter to carry to Mr. Fry's; there were two half firkins missing, when he came there; after he was taken up, and charged with taking them, he at first denied it, but at last acknowledged, and said, he would pay Mr. Fry 2 s. a week, till he had paid the value of them.
My master paid Mr. Fry 25 s. for the butter, before I was taken up.
Thomas Dobbins . I am an upholsterer , in George-street, Hanover-square . A person came to the door, and asked me the price of a bedside carpe that hung there, I said eight shillings; he said, he could sell me one cheaper; it appeared to be one that had been stole from me, and I took him
John Mason . I am servant to Mr. Dobbins, we missed a bedside carpet from the door, about the first of May. On the ninth, John Rustin came and offered it to sell I asked him how he came by it? he said he bought it in a stable-yard in Bond-street, that is, where my master's stable is; I went with him to the stable, and he said, he bought it of Wright, who was our coachman. The coachman owned he sold it to him, and said, that Matthew Johnson our porter, had gave it him. Then I sent for Johnson, and he owned he gave it to Wright; he said, Wright used to ask him for something to set his feet on, when he went to bed, and he gave it him. They both acknowledged the same before the justice. [Produced in court.] It used to hang by rings, at the corner, by the door, to shew that we sold such things. It is a new one, but the rain had spoil'd the colour of of it. When new, it was worth seven shillings and six-pence.
John Rustin . Some time in May, I bought a carpet of Wright, I judge this to be the same, but I will not swear to it I delivered it to the prosecutor; I gave four shillings and six-pence for it. I cry old cloaths about the street; I never saw the coachman before.
Prosecutor. I really believe it to be my coachman's first fault. I cannot say that of the other.
I asked Johnson for a bit of waste oil-cloth, that lay about the warehouse. A little after that I was taken ill of the fever, and Johnson brought three or four shirts, wrapped up in this carpet. My wife went to washing next morning, she saw it, and said, What does this man bring this for? it is of no use to us. A little after that I took and sold it, and an old waistcoat together.
He asked me for a piece to set his feet upon, and, when he was not well, I took this along with me. I did not know that he sold it, nor did I receive any money for it.
Wright called Mary Reader , Valentine Knight, John Miller , Richard Tinson , and James Cook . The first had known him seven years and a half; the second between eight and nine years; the third the same; the fourth five, and the last nine years; and all gave him a good character.
Johnson Guilty .
Wright Acquitted .
206. (M.) Frances Henderick , spinster , was indicted for stealing one glass pint bottle, filled with violet cordial, value 1 s. 4 d. and one shilling in money , the property of Edward Calvert , May 30 .~
Edward Calvert . I live at Norton Falgate; I am a druggist . On the 28th of May I had left my key in my bureau, after which I missed four guineas and a half The Saturday following, I marked three shillings, and put them into her mistress's room, and one of them was missing. On the Monday morning I went to justice Scott, and got a search-warrant, and charged a peace-officer with her; and in searching her box, in her own room, there we found some violet cordial, and the shilling in her purse: [produced in court. ] this is one of them that I marked, and put in my wife's room. She confessed she had it there, and that she took the cordial out of the shop. I took her in a coach to justice Scott, and he committed her.
Q. What part of the room was that shilling put in?
Calvert. It was put on the left-hand side of the bed, under the castor of the bed; and when she scoured the room, she saw and took it; I found in her purse also two guineas and a half, and 11 shillings in silver.
William Barrat . I am servant to the prosecutor; on the 27th of May we were at breakfast, the prisoner was cleaning the stairs, we thought we heard something in the shop: master after that thought he had lost some money, then three shillings were marked on the Saturday, so that we could know them again, and on the Monday one of the shillings was missing; a search-warrant was got, and an officer to search; in her box was found a bottle of violet cordial.
Q. Was it full?
Barrat. It was not quite full: then there was a purse found, in which was two guineas and a half, and eleven shillings in silver, the mark'd shilling was among them. She was asked how she came by that shilling; she said she picked it up about the house, and that she had done very wrong in not telling Mr. or Mrs. Calvert of it. She own'd she took the cordial out of the shop. Sometimes this cordial stands open in the shop in stone-bottles.
John Martin . I am beadle and headborough. I was charg'd with the prisoner, I opened her box, there we found the bottle of cordial, and the marked shilling, which she said she found about the house: she owned she had found two shillings, but had given my master one of them.
Prosecutor. The child was playing where one shilling was put under a cushion, and it dropp'd thro', and the prisoner picked it up, and gave it to her mistress.
I am not guilty, I received that money for wages where I lived before.
For the Prisoner.
Mrs. Henderick. I remember the Sunday before the prisoner went to this place she dined with me; she sent for a pot of beer, I saw in her purse two guineas and a half, and some silver, about eight or ten shillings; that was near two months ago; she turned it out into her hand, and said, You see I am not pennyless.
Q. Are you related to her?
Mrs. Henderick. No, not at all; I have known her four years, I always looked upon her to have a good character.
Mrs. Watkins. I live in High Holbourn, the prisoner was servant with me above a year and a half: I keep a pawnbroker's shop, I used to leave my money in my till, I never missed any thing, she had an opportunity of wronging me if she chose it.
Mrs. Mason. I live at Lambeth, my husband is a tallow-chandler and soap-boiler; the prisoner lived with me between eight and nine months, she has been gone about three months, I never found any thing dishonest by her, I believe her to be honest.
Q. What wages did you pay her when she left you?
Mrs. Mason. I paid her 30 shillings in halfpence, and a guinea in gold, and eight shillings in silver.
Mrs. Shaw. I have known her seven years, I never heard any thing of her, but that she was a very honest, just girl.
John London . On the second of June I put a horse into a skittle-ground at the Cock and Bottle in Islington , while I went in to drink a pint of beer, it being a very hot day, and before I had drank it my horse was gone: I had not put him there above a quarter of an hour, the prisoner was in the house drinking part of the time I was there; a little lad came in, and said a sailor had rode away with him; the prisoner is a sailor : the horse was found again in about a fortnight and three or four days, upon Walworth-common, on the other side the water, I found him by advertising.
Q. Had the horse been sold to any body?
- Gardner. I am fourteen years of age next October, I was by our door, and saw a sailor, it was the prisoner at the bar, bring a horse out of our yard, the horse was a little startlish, I went to hold his bridle, he mounted, and rode away.
Q. Do you know who brought the horse there?
Gardner. No, I do not: I saw the prisoner again when he was carried before justice Hervey.
Q. What sort of a horse was it?
Gardner. He was a little one, of a brown colour.
Q. Where do you live?
Gardner. I live at the Cock and Bottle at Islington, my mother lives in one part of the house.
Q. Did you ever see the prisoner before?
Gardner. No, I never did.
Alice Owen . I keep the Cock and Bottle at Islington. On the Tuesday before the King's birth-day the prosecutor set in my house to be out of the rain, the prisoner was then in sailor's cloaths, he asked the way out backwards, I shewed him the way, and he never returned. My boy came in, and said, There is a sailor got upon a horse, and he rides faster than the horse: we went out, and the prosecutor's horse was taken out of the skittle-ground.
John Townsend . I am headborough belonging to Islington, I was called up about two o'clock on the fifth of June, to go to the Cock and Bottle, to take charge of the prisoner at the bar. I took him down to Clerkenwell Bridewell, and then before the justice; he denied ever riding a horse away as they had charged him.
A. Owen. He took the horse away about five in the afternoon, he came again on the Thursday following, I began talking to him about it and he denied it.
Q. Who does the common belong to?
Panker. It belongs to the lord of the manor, that is, the dean of Canterbury: the parish employs me, and I have so much a head for looking after the cattle.
Q. What sort of a horse was he?
Panker. He was a little brown poney.
Q. What became of the horse?
Panker. The horse was advertised, and taken away from me, the prosecutor owned him.
Thomas Adams . I believe the prisoner at the bar is the man that brought the horse to the common keeper, there was a woman with him, he turned the horse upon the common, I do not know the time, I know it was in June, within a day or two of the king's birth-day.
Q. to Panker. What might the horse be worth?
Panker. I take the horse to be worth 35 s. I should not have chose to give more.
I know nothing at all of this horse that I am accused with, I never saw or heard of any horse, I am lately come from sea, I have been to serve my king and country on board the Liverpool man of war, Capt. Davis; I got my clearance at Hallifax, and came home to Spit-head. I had a fall upon the main-deck, and splintered my arm, and now my arm is entirely well again. I came into this woman's house about nine o'clock at night, and was no sooner come there, but this woman and a man began with me about a horse that was taken out of the yard.
Q. What are you?
Lucas. I am agrocer , I found nine ounces of tea upon the prisoner, and by comparing it, and finding a quantity out of the same cannister spilt, as if taken out of the cannister in a hurry, and by the prisoner's confession, I knew it to be our property.
Q. How came you to find it upon him?
Lucas. His pocket stood out bigger than ordinary; then I said, John, you have something in your pocket that does not belong to you: he said he had nothing but his tobacco-box; I bid him pull it out, he did, and said he had nothing else. I put my hand into his pocket, and found a quantity of tea loose in his pocket; then I got Mr. Harrison to turn out his pocket, and I smelt at it, and said it was our 16 shillings tea. I went to that cannister, and by it I found some tea spilt, which is very seldom the case: then he owned it came out of that cannister. I had a seal put on it immediately, and took him before my Lord-mayor, and he was sent to the Compter. I got a search-warrant, and went to his house, and in a drawer I found about thirty different articles, all in the grocery way. He confessed to the other things also, and owned the same before my Lord Mayor, and offered to go for a soldier, to serve the India company. [The tea produced in Court.]
Q. to Lucas. How long had he been your servant?
Lucas. He lived with me about nine months.
My master found the tea upon me, and said it was his tea, I don't know but it may be his. I was in such confusion I do not know what I said.
208. (M.) Martha Welch , otherwise Edwards , spinster , was indicted for stealing three linnen shirts, value 5 s. two linnen shifts, value 4 s. four pair of worsted stockings, value 2 s. one coloured linnen handkerchief, value 6 d. one white linnen handkerchief, value 6 d. one pair of shift-sleeves, one napkin, one pewter plate, one pair of womens pattens, and one flat smoothing-iron , the goods of Charles Arthur , May 8 .
Charles Arthur . I live in Parker's-lane, near Lincoln's-inn-fields , I am an inmate, the prisoner was my servant ; from the 10th of April to the 8th of May we missed a great many things, my wife can give a better account of it than I can; the prisoner ran away; when the things
Margaret Arthur . I am wife to the prosecutor: the prisoner came servant to me on the 27th of February, and lived with me till the eighth of May: about the tenth of April she began to take the things.
Q. How do you know that?
M. Arthur. I know it from her own confession and the pawnbroker's account. On the eighth of May I missed three shirts, two shifts, a pair of shift-sleeves, two handkerchiefs, a pair of pattens, a pewter plate, a smoothing iron, and a napkin. I told her that morning if she had taken any thing out of my house, I would forgive her if she would confess where they were; she said, if she owned to one, I would alledge all these things against her: then, in about half an hour after, she eloped; I advertised her, and she was taken; then she owned to the taking every thing in the indictment: here is a paper of her own writing, wherein she mentions them. [ Producing it.] She told me she had pawned them in the name of Mary Edwards , at Mr. Reynolds's, in Gate-street, and they were found as she said: she confessed them before Mr. Fielding. [The goods produced in Court, and deposed to.]
Q. Are you sure those things were all in your house after the prisoner came to live with you?
M. Arthur. I am sure they were.
Q. When were the first pledged?
Barker. The first were on the tenth of April last, I never knew her before that time.
Q. When the last?
Barker. The last were on the eighth of May.
Q. How much did you lend her upon the whole?
Barker. I believe I might lend her about ten shillings upon the whole.
Q. Did you ask her any questions when she brought them?
Barker. I did, she said they were her own, and that she lived next door to the Crown in Parker's lane, and that is the place where she did live.
Thomas Quire . I apprehended the prisoner upon an advertisement, and carried her to justice Fielding's, she was there charged with taking these things, and confessed to the taking most of them, to my knowledge, and said she took them out of her mistress's house.
The Prisoner said nothing in her defence.
Samuel Lavington . I was servant to Mr Offare at Chelsea, I drove him in his own coach to the play: as I was in Prince's street with the coach, about ten o'clock at night the two coats mentioned in the indictment were in the coach, and the door shut. I was standing fronting the horses heads, the prisoner had got his body in the coach, on the off-side, and had got the two coats in his arms, but in pulling the coach-door open he moved the coach a little. I went up to him, he did not see me; as he had the coats in his arms, I took him by the collar, and called out for help; he dropped the coats in the dirt, we carried him and the coats to Mr. Fielding, and charged him with taking them.
Q. What did he say for himself?
Lavington. He said he knew nothing of the coats; one of them belongs to Mr. Offare, the other is the footman's.
James Lawrance . I am a coachman, and was near the coach that was robb'd. I saw the coats laying on the ground after Mr. Lavington had taken hold of the prisoner; one coat was the footman's, and the other his master's; they are both the property of the gentleman; had the footman had his coat two years it would have been his own, but he had not had it the time.
I am as innocent as your lordship in this matter.
To his Character.
Q. What is his general character?
Woodhouse. I know nothing of him, but that he has a good character; he has been a journeyman and master, I always heard that he was an honest man.
Q. What has been his character during that time?
Delany. It has always been that of an honest, industrious man; he is a shoemaker by trade.
James Savage . I keep a cooperage at Shadwell , and was burnt out at the late fire; since which time I set my servants to watch that nothing should be carried away. On the 23d of May, about 11 at night, John Taylor took the prisoner at the bar with a beak-iron in his possession; it weighs about a quarter of a hundred weight. I went with the prisoner to the justice of peace. He was there charged with taking it, but he denied it. I cannot swear to me beak-iron, my servant can give the best account of that.
James Taylor . I am servant to Mr. Savage, I was appointed to watch the ruins after the fire, where Mr. Savage had his cooperage. On the 23d of May, about 11 at night, the prisoner came upon the premises, and this beak-iron was standing fastened on a stake in the ground: I saw the prisoner take and shake and wriggle it about, and get it out; he got it out, and was walking off with it. I went and laid hold of his collar, when he had it upon him. He had got it across his knees, and was going off with it, stooping that I should not see him. Then he dropped it down. I brought him into my master's house, and charged an officer with him. [The house is joining to the yard.] He was put into the watch-house till the Monday morning; then he was taken before the justice, and committed.
Q. How near to him was you when he was getting the beak-iron out of the stake?
Taylor. I might be about 10 or 11 yards distance.
Q. How long did you observe him at it before you seized him?
Taylor. Not above two minutes, or thereabouts.
Q. Whose property is the iron?
Taylor. It is Mr. Savage's property, I put it into the stake myself, and rounded some koops that had been in the fire, and worked at it all day on the Friday, which was the 22 d. I asked the prisoner how he came there; he said he lost his way.
Q. from prisoner. What is the reason you did not bring the beak-iron along with me into your master's house?
Taylor. As the iron was pretty heavy, I thought proper to take care of the prisoner first; then I went and fetched that.
Q. Was the prisoner making off from you, or towards you?
Taylor. He was coming towards me, that was his way out of the yard, he could not go backwards, without going into the dock, or by water.
When I was carried in, they let me go; he went out, and came in again, and brought this beak iron, and then charged me with taking it. I was fuddled, and I went there and lay down, slept, and got myself sober. When I awaked, I could not tell where I was; I saw this man with a lanthorn; he called, Hallos, and asked me what business I had there; I told him I wanted to get out. He said, Come along with me, and I'll shew you the way out. He took me by the hand to his master's house. Then he said, Here is a man was got upon the premises as far as the small-beer cellar. They examined to see if I had got any thing. He staid some time, then went out again, and brought this thing in, and desired them not to let me go; for he said, he found it where I had been. When I first saw him, with his lanthorn, I might have gone off; I had time enough, had I thought myself guilty.
Q. to Taylor. When you first discovered the prisoner, did he tell you he had lost his way?
Taylor. Yes, he did.
Q. Did you tell him you would shew him his way?
Taylor. I did; then I took him to my master's house.
Q. Did you go out of the house without charging him with any thing?
Taylor. I left him in charge with another watchman before I went out.
William Saunders , June 20 .
William Saunders . On Saturday last, the two prisoner, came to my shop (I live in Radcliffe-high-way ) they said they wanted to buy some Howered lawn; they staid about a quarter of an hour, and went away, and in about two hours came again; then they wanted some plain lawn. While they were buying it, William Pearson , a servant of mine, informed me that one of them had got a piece of cloth under her arm, which was Ingram. [She was the purchaser.] I desired him to take no notice, but leave it to me. They went both out of the shop about three minutes after. I followed them out, and desired them to walk back. When they were in the shop, I threatened to send for a constable to have them searched. While I was doing that, some of the people said, She has dropped it; that was Ingram. Then the other prisoner took it up, and put it upon the counter. Then I threatened them, and turned them out of the shop, desiring them to come there no more. After they were gone, I recollected they had been in the shop before; I went after them again.
Q. How far had they got that time?
Saunders. I believe they had got about 300 yards. Soon after they had got into the shop, Ingram dropped a piece of clear-lawn, while I had her by the arm. Then I sent for an officer, and had them committed.
Q. Where did it drop from?
Saunders. It dropped, I believe, from her petticoats; I felt it by my leg. [Produced in court.] It is German lawn, there is about seven yards and a half of it, my property.
Q. What do you know it by?
Saunders. I know it by my book-keeper's writing upon it; and likewise by the mark that I put upon it, after it was found.
Q. Had they looked upon such lawn in your shop?
Saunders. They had looked upon lawn of the same sort, I believe Ingram bought a small quantity of the same.
Daniel Brooks . I was sixteen years of age last old Christmas-day; I saw my master, the prosecutor, bring the two prisoners in the second time; and when they were in the shop, I saw Ingram put her hand under her petticoat; and after that I saw this piece of lawn drop from out of her petticoats, it fell upon a piece of red buys.
Q. Was you in the shop when they were brought back the second time?
Pearson. I was, but I was in a different part of the shop.
Q. Did you see it fall?
Pearson. No, I did not.
Mary Gainey . I was in Mr. Saunders's shop at the time he wanted to take the prisoner Ingram to the body of the shop; but she would not go that way, but went towards a piece of red bays, and stood close by it. I had before been by it, there was no lawn upon it when I first saw it; when she stood there, I saw the lawn laying upon the bays.
Q. Did you see it fall?
M. Gainey. No, I did not, the boy stood more proper to see it fall than I did; but I know there was none there before.
I went into the shop to buy a quarter of a yard of lawn; I bought it, and paid for it; I went out of the shop; I did not intend to take any thing; I took nothing but what was my own; the other stuck to my cloaths.
I came to London to buy my husband two files in the Minories, going along I met Mrs. Ingram; she shewed me a bit of lawn; I went in, and had a quarter of a yard of the same lawn. After we came out the gentleman followed us, and brought us back again; she opened her cloaths, and said she had nothing; he took her by the arm, and pulled up a bit of lawn, and said she had robbed him of it. I am innocent, and know nothing of it.
For the prisoners.
Q. What is Ingram's character?
M. Celey. It is very good, she is a very honest, sober person; in an honest way of getting her bread; she goes a washing.
Q. What is Newman's character?
M. Celey. She has a good character too, I never heard to the contrary; they both lived in the same house, and are acquainted with each other.
Newman Acquitted , Ingram Guilty .
John Bennet , otherwise John Johnson , was indicted for that he, unlawfully , knowingly, and designedly, with false pretences, did obtain of Richard Bulkley , 5 s. with intent to cheat and defraud him of the same , March 23 . ++
Richard Bulkley . I keep Peel's coffee-house, Fleet-street . The first time I saw the prisoner, to my knowledge, was on the 23d of March last. About nine o'clock in the evening, I was leaning upon the bar-door, he said, Mr. Bulkley, how do you do? ( he was dress'd in the manner he is now) I said, Sir, I beg your pardon, you have the advantage of me, I do not recollect you; said he, Don't you know Capt. Johnson? I have been out of the kingdom three or four years, and now you don't know me! Said I, I am glad to see you well. He said, Shall we not drink together? I came from Portsmouth this morning, and am just got out of a post-chaise; and I am obligd to go off to-morrow morning on his majesty's business. I asked him after some people at Portsmouth, and Godalming; he said, he knew them extremely well. He said, Well, Bulkley, I am going up to Mr Clevland, and here is about three thousand pounds worth of notes. that I must deliver to him; let me have a few shillings, and I'll call to-morrow morning, and pay you; and if you have any demands to Godalming, or Portsmouth, I'll deliver them. I let him have six shillings. After that, I read an advertisement from Mr. Fielding, of such a person, that had defrauded several people; I went to Mr. Fielding's; I found he had defrauded Mr. Parker, who keeps t he Globe tavern, in the Strand, in the same way, and he happened to see him afterwards, and laid hold on him, and charged a constable with him. When I was at the justice's, I think there were about thirty-two of our business, that keep taverns and coffee houses, that he had served the same; and when he was committed, there were ten detainers against him.
Q. Upon what did you give him credit?
Bulkley. Upon his saying he came from Portsmouth, and calling me by my name, and producing a book with a large parcel of papers; saying, there were about 300 l. that he was to receive in the Navy-office.
Q. from prisoner. In what manner did you grant me the money? Or whether ever I left London, or offered to defraud or dissemble with any man or woman in London? Did I speak any thing, but what I spoke openly at the bar? Or did I call you aside?
Bulkley. I was standing at the bar; it was all done in a quarter of an hour, he was in such a hurry, and so fatigued, he pretended, just getting out of a post-chaise, and expecting the ship to sail the next morning. All these pretences appear'd to me as realities; upon which, I lent him the money. There were two mariners at the justice's, that knew him; they said, he once was before the mast, but never any thing else.
I never went by any other name but John Bennet . I have been at his house several times before, and he knew me very well. I was at his house six or seven years ago, along with a north-country gentleman. As for being in the navy, I have served his Majesty a great many years; I was on board the Shoreham, under Capt. Brown.
Q. to prosecutor. Are you certain you never was acquainted with the prisoner?
Prosecutor. I am certain I never was acquainted with him; and I am almost certain I never saw him before that evening.
Q. How long have you kept that coffee-house?
Prosecutor. I have kept it about ten years.
For the Prisoner.
Q. What is his name?
Q. Did you ever know him go by the name of Capt. Johnson?
Hart. No, never.
Isabella Morgan. I had a dollar that my husband brought home from Spain, and gave to me five years ago; I gave it into the landlady's hand to be looked at, she gave it me back again; then I let the boy at the ale-house where we were, take it to look at, he put it into a jay's cage, the joy took it in his mouth, and the boy and he played with it, till it dropped through, then the prisoner took it; she was the last in whose hands I saw it, she was in company with us in the same box. When I asked her for it she said, Do you want to rob me? and she would not comply with us to give it me again: it was lost between the prisoner and the bird.
Q. Are you sure she had it last?
Q. Did she ever own that she had it?
Is. Morgan. No, she denied it; I never found it again.
Q. What was the value of it?
Is. Morgan. I cannot tell.
Q. Was it worth half a crown.
Is. Morgan. It was about the bigness of a crown-piece. I cannot tell whether it was silver or not. I was told it was worth about four shillings and six pence.
Q. Did any body tell you it was not silver?
Is. Morgan. No.
Q. Did any body tell you it was silver.
Is. Morgan. Yes, a gentleman did, that I left it in pledge with.
Q. Did they come in together?
E. Cantlin. No, they did not, but they knew one another. There were nobody but them in the house, but myself and my boy. The prosecutrix had got a piece of money, she asked me if I would change it, I told her I could not, for I did not know what piece it was; I could not tell whether it was brass or silver. My boy and the prisoner looked at it, then they put it into the cage to the jay, it had it in its bill five or six minutes, at last the money was dropped through into the bottom of the cage, the prisoner took it out, and I never saw any more of it from that time to this; I saw her put it down her bosom.
A friend of mine came to see me, I got a drop of liquor, and went into that woman's house, and sat down, and they accused me with a thing I knew nothing of. I was searched that very night, by the constable, and other people, and after that I searched myself. I never saw it.
The prosecutor being a foreigner, and could not speak English, an enterpreter was sworn.
Q. Who turned the key on you?
Salla. That was Gings. There came about ten or a dozen men about me, and took my images from me, and said, they would send me on board the boats: then I desired to go out, they would not let me out.
Q. Did Lamb do any thing to you?
Salla. He was one that took the images from me; they broke one, and took four, which they offered me back again yesterday, and I would not receive them.
Q. What day was this?
Salla. This was the fifth of this instant.
Q. Was Gings one that took the things?
Salla. He was there, he did nothing more to me, than lock me in, and I offered him money to let me go, and he refused it.
Q. How got you out?
Salla. I was trembling, and in a great fright, then Gings opened the door, and let me out; when I was got into the street, I was in a great fright, and fell down, and broke some other of my images.
Q. Did Lamb ever return that image which he took?
Salla. No, he never did: but he offered to return me four yesterday.
Q. Where are they now?
Salla. They are in Clerkenwell, I believe.
Q. How many did you lose?
Salla. I lost five.
Q. What is the value of them?
Salla. Two shillings.
Q. Where was that?
Peter. That was in the prison.
John Freedom . The prosecutor went out with a basket of images in very good health, when he returned he was convulsed, and very ill, and brought home several images broke to pieces; I endeavoured to find out where the affair happened, and he described it so as I could just understand it to be Clerkenwell-bridewell. Then I went there to Gings, he was the assistant turnkey; I understood Mr. Jones, the keeper of the prison, was in bed. I said I did not know but the man was so affrighted that he would die. After that I saw in one of the papers, that Mr. Jones was dead; I did not know who to apply to. Then I went to the men, and asked them
Gings. I proffered you a crown, and you would not take under ten shillings.
I have two witnesses here to prove I never meddled with the man.
I was in the tap-room when this man came in, I cannot say how long he was there; I saw he had a parcel of toys in his basket, I took out two, and looked at them, and went to put them in again, and he said, No, no, me have none of dem. I offered him them again, and he would not take them. Then I sent a person to the gate with them. He would not have them. They were taken from me directly, and put up in the tap-room, and there they are still.
Q. When was that?
Jobson. Something above a fortnight ago, I cannot tell what day it was. This man had a basket, he came in, and Lamb went up to the basket, and took hold of the man's images, and fell to kicking the basket, and said to the man, What business have you here among prisoners? and played about them some time. He went a little way off, and soon came again, and said, Take your things away, we do not want them. The gentleman said, Now let me go out, I want nothing. This was what he said, as I understood, I think he said, he wanted to go out, he did not want the things. Then one Pearce, one of the jail-keepers, took out one of the images, and hugged it on his arms, and made game of it; and said, This is my Jesus, and took it away. The images that they had taken were delivered to Mrs. Jones. George Gings took none of them, he never touched them at all.
Q. Did you see him present?
Jobson. He was in the yard, I cannot say where.
Q. Who let the man in?
Jobson. Gings did.
Q. Was you there the whole time the man was there?
Jobson. Yes, I was, I saw him come in, and I saw him go out; he was terribly affrighted, and all he wanted was to get out.
Q. Who did he apply to, to get out.
Jobson. He applied to Gings to let him out, and towards the gate.
Q. How far was he with his images from the gate?
Jobson. The gate is, I believe, 12 or 14 yards from where they stood.
Q. Did you follow him towards the gate?
Jobson. No, I did not.
Q. When did you see him first apply to Gings to let him out?
Jobson. That was after Lamb had done as I have mentioned, and offered him his things again.
Q. How near the gate was Gings when the man applied to him to let him out?
Jobson. I cannot say, he was a good way from me.
Q. Was Gings near the images?
Jobson. I believe he was not in sight of the images, he was nearer to the gate.
Q. What became of these two images afterwards?
Jobson. The jail-keeper was then very bad; he died soon after, and the keeper's wife took them all into her custody.
Q. Did you see them delivered to her?
Jobson. I did.
Q. By whom?
Jobson. By Lamb: this was after the man would not take them again.
Q. How soon after?
Jobson. I dare say it was within a quarter of an hour; I know Gings had never none at all, nor I believe never saw them taken.
Q. Did you see the images since?
Jobson. I saw them two or three days after that in Mrs. Jones's custody. The case was this, Pearce and Lamb made her a present of them, and she took them all; they are now in her custody, now standing over a cupboard.
Mary Barton . I went into see a prisoner that was there; I saw the man come in with his basket of images; he did not know where he was coming to. Lamb was in the tap-room; he went out, and took two images, one of the shape of a horse, the other a man. Then he went and made an offer at his basket, but did not do any damage. After that he wanted to return them to him again, and he would not have them. He said he did not want them, but he wanted to go out. Then the head-turnkey came and took out an image. They both gave them to Mrs. Jones, before the man went away.
Q. How came they to deliver them to her before the man was gone?
Q. Where was this?
M. Barton. This was in the yard.
Q. Did you see the man go out?
M. Barton. I did.
Q. Who let him out?
M. Barton. I do not know.
Q. Who let him in?
M. Barton. The prisoner Gings did.
Q. In what condition was the man?
M. Barton. He was very much frightened, but no other way.
Q. Did you not go with him towards the door?
M. Barton. No, I did not, I said at the upper end of the yard.
Q. Did Gings take any part in it at all?
M. Barton. I did not see that he did.
Q. Did you see any of the images broken?
M. Barton. No, I did not; after the man was out I saw him fall down in fits, and he broke some of them.
Jobson. I think Mrs. Jones took up one, and offered him money for it; and he was so frightened he would not take any money for it; all he wanted was to be out.
Q. Did she return it.
Jobson. No, she did not; she kept it, and all the others that were given her.
Both Acquitted .
217. (M) Elizabeth, wife of William Bradbrook , was indicted for stealing one pair of linnen sheets. value 1 s. 6 d. and one pewter tea-pot, value 6 d. the property of John Hughes , in a certain lodging room let by contract , &c. April 27 . .~
The trials being ended, the court proceeded to Judgment.
Received sentence of Transportation 20.
Elias Jones , Elean Lloyd, John Burdet , John Bennett , James Bell , Joseph Moses , Ann Nixon , Mary Compton , Susannah Bates , Ann Trussel , Thomas Matthews , Mary Green, John Ogdel , John Calyhan , Matthew Johnson , Edward, otherwise Joseph Wilson, Thomas Williams , Patrick Fogarty , Martha Welch , otherwise Mary Edwards, and Elizabeth Ingram .
To be branded, Three.
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